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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/17/2016 - COMPLETE AGENDA City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221 -6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting May 17, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May as Geoexchange Energy Partnership Month. B. Proclaiming Declaring May as Older American Month. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL Recognition of CityWorks Graduates  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda. City of Fort Collins Page 2  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 c alendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Developm ent Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221 -6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Consideration and Approval of the minutes of the April 19, 2016 Regular Council Meeting and the April 26, 2016 Special Council Meeting. The purpose of this item is to approve the minutes from the April 19, 2016 Regular Council meeting and the April 26, 2016 Special Council meeting. 2. Second Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives Program (TAP) funding to design and construct the facility. Boulder County is t he entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, existing appropriations in 2016 will be used to cover the 1% of the project budget ($2,625) to APP. This reflects a change in the APP amount from First Reading (1% of the local match - $520), which was determined did not meet the APP Ordinance requirement. 3. Second Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Color ado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates unanticipated revenue in the General Fund and authorizes the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 4. Second Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer Project. This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $44,615 in grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund city project management costs associated wit h conceptual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate street and structure flooding. 5. Second Reading of Ordinance No. 058, 2016, Amending the Code of the Ci ty of Fort Collins to Clarify On-Bill Utility Financing Terms. This Ordinance, unanimously adopted on First Reading on May 3, 2016, clarifies the interest rate language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recommended moving forward with this proposed change. Staff also plans to return to Council in the City of Fort Collins Page 4 third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. 6. Items Relating to the Southeast Community Park. A. Second Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. Second Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. These Ordinances, adopted unanimously on First Reading, on May 3, 2015, declares certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and authorizes the conveyance of two waterline easements to the Fort Collins -Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24 -inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. 7. First Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related N atural Areas Programming not Included in the 2016 Adopted City Budget. The purpose of this item is to appropriate $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction o f public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. 8. Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP). A. Public Hearing and Resolution 2016-040, Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, and the City’s Affordable Housing Fund and Human Services Program. B. First Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. First Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. The purpose of this item is to approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Resolution 2016-040 completes the 2016 spring cycle of the Competitive Process for allocating $2,670,034 in City financial resources to affordable housing projects, public service programs and administration of the programs. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME City of Fort Collins Page 5 Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. 9. Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. A. First Reading of Ordinance No. 064, 2016, Amending Section 23 -130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. First Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. The purpose of this item is to update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have forma l procedures in place in order to assume ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but they are in need of updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee reviewed these cha nges as found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. 10. First Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. The purpose of this item is to clarify and consolidate policy and construction standards applicable to development of the City’s electric network. 11. Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. A. First Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins -Loveland Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. First Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. The purpose of this item is to amend the January 22, 2015 Amended and Restated Intergovernmental Agreement for the joint operation of the Airport (“IGA”), delegate, within specific parameters, the authority for the Northern Colorado Regional Airport Commission to enter into longer lease agreements, grant agreements, and make expenditures for Airport operations or capital needs from appropriated, but unassigned reserves. Ordinance No. 067, 2016, also ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015 -003 to City of Fort Collins Page 6 comply with Article IV, Section 1 of the City Charter and actions taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Ordinance No.068, 2016, amends the City Code to address the impact the F irst Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. 12. Items Relating to the Mountain's Edge Annexation. A. Resolution 2016-041 Setting Forth Findings of Fact and Determinations Regarding the Mountain’s Edge Annexation. B. Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on the agenda. This annexation request is in conformance 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. 13. Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Includ ed in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. The purpose of this item is to zone the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. 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 2015-091. 14. Items Relating to the East Prospect at Boxelder Creek Annexation. A. Resolution 2016-042 Setting Forth Findings of Fact and Determinations Regarding the East Prospect at Boxelder Creek Annexation. B. Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property K nown as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This is a request to annex a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive and west of the Interstate 25 frontage road. The segment is approximately 1,000 feet in length. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance 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. City of Fort Collins Page 7 15. Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Inclu ded in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. The purpose of this item is to zone the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). 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 2015-091. 16. Resolution 2016-043, Approving Fort Fund Grant Disbursements. The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events based upon the recommendations of the Cultural Resources Board. 17. Resolution 2016-044, Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission Artists to Create the Art Project Pursuant to the Art In Public Places Program The purpose of this item is it to approve expenditures from the Art in Public Places Utility Funds to commission an artist team to create art for the Utility Administration Building Project. The expenditures of $48,800 will be for design, materials, fabrication, installation, and contingency for Creative Stained Glass Studio to create multiple art elements for the interior of the new Utility Administration Building. 18. Resolution 2016-045, Reappointing Teresa Ablao as Temporary Judge and Authorizing the Execution of an Employment Agreement. The purpose of this item is to reappoint Teresa Ablao as the temporary judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of a temporary judge (commo nly referred to as the Assistant Municipal Judge) to serve in the absence of the Municipal Judge. Teresa Ablao has served in this capacity since mid-2012. Municipal Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as the Assistant Municipal Judge. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 8 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 lim it 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 Mayo r, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 19. First Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. (staff: Laurie Kadrich, Dean Klinger; 10 minute staff presentation; 60 minute discussion) The purpose of this item is to obtain authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. 20. Alternate Review of the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining to the Gardens on Spring Creek and First Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. (staff: Cameron Gloss; 15 minute staff presentation; 90 minute discussion) The purpose of this item is to review the April 7 Planning & Zoning Board decision regarding the Gardens on Spring Creek amended Master Plan, formally known as the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center . The Board approved the Gardens amended master plan on the condition that: (1) the general standards related to time limitations, sound monitoring, and security and safety requirements set forth in attachment 3 (to the Board packet) be included in the notes set forth on the site plan; and (2) that the 14 foot high western sound mitigation wall be removed from the project. Under Section 2.2.12 of the Land Use Code, the Planning & Zoning Board decision on this City project is not subject to appeal. Instead, Section 2.2.12(B) provides for an “Alternate Review” by Council as requested by a City Councilmember within the 14 days following the Board’s decision. The Alternate Review permits the Council to review the Board’s decision on the City’s amended master plan as an exercise of its legislative power over a City development project and, after conducting a hearing, to adopt an ordinance overturning or modifying the Board’s decision if Council so desires in its sole discretion. City of Fort Collins Page 9 21. Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. (staff: Wanda Winkelmann, Rita Knoll, Marcus Bodig, Carrie Daggett; 10 minute staff presentation; 30 minute discussion) This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Consideration of a motion to waive the City Council’s attorney-client privilege for the public disclosure of the May 6, 2016, confidential memorandum from the Boulder City Attorney’s Office reporting the results of its investigation concerning the Greeley Municipal Court Judge presiding over a Fort Collins Municipal Court case under an intergovernmental agreement between the cities of Fort Collins and Greeley that provided for the exchange of judicial services in conflict-of-interest circumstances. B. 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.) C. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, May 24, 2016.  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, in 2014, an ad hoc advisory committee was created to develop a Climate Action Plan for achieving a communitywide greenhouse gas emissions reduction goal of eighty percent (80%) with respect to 2005 levels by 2030; and WHEREAS, since then, new opportunities to reduce greenhouse gas emission have emerged, such as advancements in energy technologies, including GeoExchange; and WHEREAS, the City of Fort Collins 2015 Energy Policy sets aggressive goals for improving the energy performance of buildings; and WHEREAS, the City of Fort Collins aspires to be a center for advancing green building in the community and seeks to reduce the impacts of the built environment on human health and the natural environment by incorporating on-site energy generation; and WHEREAS, Mr. Jeff Lebesch and Ms. Zia Zybko, as private citizens who share the City’s environmental sustainability values, have agreed to host on their adjoining lake property a geoexchange heating and cooling energy system for the benefit of the City of Fort Collins Utilities Service Center at 700 Wood Street, Fort Collins, Colorado; and WHEREAS, the City of Fort Collins recognizes the community benefit of public and private sector partnerships that advance shared goals of environmental stewardship. NOW, THEREFORE, I, Wade Troxell, Mayor of Fort Collins, do hereby proclaim May 2016 as GEOEXCHANGE ENERGY PARTNERSHIP MONTH We wish to express our sincere appreciation to Mr. Lebesch and Ms. Zybko in recognizing the importance of partnerships which enhance our community’s focus on environmental stewardship. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17 day of May, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, the City of Fort Collins includes a community of older Americans who deserve recognition for their contributions to our nation; and WHEREAS, the City of Fort Collins recognizes that older adults are trailblazers, advocating for themselves, their peers, and their communities and paving the way for future generations; and WHEREAS, the City of Fort Collins is committed to raising awareness about issues facing older Americans and helping all individuals to thrive in communities of their choice for as long as possible; and WHEREAS, we appreciate the value of inclusion and support in helping older adults successfully contribute to and benefit from their communities; and WHEREAS, our community can provide opportunities to enrich the lives of individuals of all ages by promoting and engaging in activity, wellness, and social involvement, emphasizing home and community-based services that support independent living, and ensuring community members can benefit from the contributions and experience of older adults. NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 2016 to be OLDER AMERICANS MONTH and urge every resident to take time this month to acknowledge older adults and the people who serve them as powerful and vital individuals who greatly contribute to our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the minutes of the April 19, 2016 Regular Council Meeting and the April 26, 2016 Special Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the April 19, 2016 Regular Council meeting and the April 26, 2016 Special Council meeting. ATTACHMENTS 1. April 19, 2016 (PDF) 2. April 26, 2016 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 421 April 19, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry announced a protest regarding the redistricting ordinance, filed by Eric Sutherland, will be discussed under Item No. 15, First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. A fact sheet entitled “Reducing Homelessness in our Community” which is available for the public.  CITIZEN PARTICIPATION Cheryl Distaso, Fort Collins Homeless Coalition, stated homeless individuals were not included in the “Everyone Matters Day” proclamation. She questioned where homeless women are supposed to sleep after May 1 when fewer shelter beds are available. She encouraged Council to codify its decision to not ticket individuals for sleeping. Ann Cleary stated her home is currently under the threat of eminent domain. She questioned missing emails as part of the email transparency system. Checks and balances are needed regarding the use of eminent domain. Mary Janser expressed concern about fewer shelter beds being available for women after May 1. She asked that a public restroom be reopened between the two homeless shelters. Mike Pruznick commented on Councilmember Martinez’s alleged misinformation regarding the death of Doug Shields. He has filed paperwork to begin recall proceedings for Councilmember Martinez. Vanessa Fenley, Homeward 2020, discussed the Project Homeless Connect event. John Anderson discussed homeless issues, stating bureaucracy seems to be trumping humanity. Jessica Aguila, Fort Collins Homeless Coalition, questioned why homeless community members were not included in the Everyone Matters proclamation and asked what homeless individuals should be doing if no shelter beds are available. She encouraged Council to codify their position that tickets will not be issued for sleeping. Kelly Connor discussed gender inclusiveness at CSU and discussed ways in which the City is not inclusive in terms of homeless individuals. Esther Aguilar expressed concern regarding ticketing for sleeping and questioned where homeless individuals are supposed to go if they are unable to take advantage of shelter beds. 1.1 Packet Pg. 13 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 422 Carrie Gillis, Colorado Apartment Association President, discussed her group's production of the Colorado Housing Financial Assistance Guide. Heather Wolhart discussed the Woodward purchase of her family's farm property and commended Woodward’s commitment to the family and its history. Deborah James stated she has been homeless for 9 months and discussed the difficulty in finding housing. She questioned where women should go should the 15 shelter beds be eliminated after May 1. Deborah (no last name given) discussed advanced metering readings, stating they are invasive and requested a more reasonable charge for manual readings. Eric Sutherland discussed Item No. 5, Second Reading of Ordinance No, 046, 2016, Appropriating Prior Year Reserves in the GeneralFund and the Light and Power Fund and Transferring Appropriations from the Light and Power Fund to the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and opposed funding additional studies. Jennifer Reisch thanked Homeward 2020 for the services they attempted to provide at the Project Homeless Connect event and opposed the climate of fear being created by ticketing homeless individuals. Steve Raimer stated it is cruel to ticket individuals who must sleep outside. He commended the City's efforts in getting individuals to shelters during the most recent storm but questioned what homeless individuals will do on a nightly basis. Dee Amick discussed occasions along the Poudre Trail during which she has seen armed officials looking for people camping and placing their belongings in garbage bags. She has never felt threatened by individuals along the Trail. Nancy York encouraged a more progressive and humane approach to the issue of homelessness and stated ticketing for sleep should not be allowed. John Mark stated homeless rights are human rights and encouraged a conversation around homelessness. Michael Norton stated the root of the homelessness issue involves federal support of corporations. He opposed ticketing for camping. Pete Gazley, Citizens for Sustainable Economy, discussed the effort toward the non -consensual historical designation for the Woodward property stating it would take away property rights from the property's owner. David May complimented Councilmember Martinez for his accessibility and work for the community. 1.1 Packet Pg. 14 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 423  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez asked how the missing emails referenced by Ms. Cleary are being addressed. City Attorney Daggett replied a small group of individuals is responsible for the review of the City’s email archive on a weekly basis and new quality control measures are being considered. Councilmember Martinez requested staff input regarding how the City is addressing the issue of homeless women in the community. City Manager Atteberry replied that issue will be addressed during staff reports. Councilmember Cunniff encouraged a “plan, do, check, act” approach to the email archive. Additionally, he expressed his belief that human rights apply to every human; however, Council meetings should be about policy-making. Councilmember Stephens stated Council has been working on the homelessness issue for some time. She discussed the importance of protecting the City’s Natural Areas and it is counterproductive for individuals to accuse Council of doing nothing. Council is working on a number of solutions to address the homeless concerns. Councilmember Overbeck discussed the importance of ensuring the public trust with a quarterly or semi-annual audit of the email archive system. He commented on the Project Homeless Connect event. Councilmember Campana stated the dial is being moved on the homelessness issue and shelters are looking to expand the number of shelter beds year-around. The efficiency of getting those in need to shelters has increased with each storm. Mayor Troxell stated the Everyone Matters Day proclamation does address every individual citizen and thanked individuals for their comments.  CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items on the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 040, 2016, Reappropriating Fun ds Previously Appropriated in 2015 But Not Expended and Not Encumbered in 2015. (Adopted) This Ordinance, unanimously adopted on First Reading on April 5, 2016, reappropriates 2015 appropriations approved by City Council that lapsed at the end of 2015. The authorized expenditures were not spent and could not be encumbered in 2015 because there was not sufficient time to complete bidding in 2015 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, or the project for which the dollars were originally 1.1 Packet Pg. 15 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 424 appropriated by Council could not be completed during 2015 and reappropriation of those dollars is necessary for completion of the project in 2016. 2. Second Reading of Ordinance No. 041, 2016, Appropriating P rior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) This Ordinance, unanimously adopted on First Reading on April 5, 2016, appropriates $378,605, of which $159,265 is proposed for 2016 Cultural Development and Programming Activities (Fort Fund), $19,868 is proposed for 2016 Tourism Programming (Fort Fund), and $199,472 is proposed for 2016 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Developmen t and Tourism Programming activities. Between April 2011 and March 2016, based on the prior years’ actual collections, lodging tax revenues were paid to the Fort Collins Convention and Visitors Bureau under a contract for Cultural Development and Tourism Programming. Anticipated revenue has been projected through each Budgeting for Outcomes cycle and then adjusted annually as needed based on actual collections. Lodging tax revenues collected in 2015 equaled $1,450,960, which was $378,605 above projected collections. 3. Second Reading of Ordinance No. 042, 2016, Appropriating Prior Year Reserves in the General Fund for Pool Chlorination System Conversion at Three City of Fort Collins Pools. (Adopted) This Ordinance, unanimously adopted on First Reading on April 5, 2016, appropriates $200,000 from prior year reserves in the General Fund to switch pool chlorination systems from chlorine gas to liquid chlorine. During a routine safety audit of the City pools, it was discovered that gaseous chlorine is being used to treat the pool water at all City pools except the Senior Center pool. As safety standards have evolved, best practice is to avoid gaseous chlorine due to the hazard posed to employees and citizens in the event of a failure incident. Conversion of the three City pools now using chlorine gas will enable the City to follow this updated best practice. 4. Postponement of Items Relating to Dust Prevention and Control to May 3, 2016. (Adopted) A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12 of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. Second Reading of Ordinance No. 045, 2016, Amending the Fort Collins Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. Staff is requesting postponement of Second Reading of these Ordinances to May 3, 2016 . During First Reading of the Ordinances on April 5, in addition to unanimously adopting the proposals based on revised language, Council also requested additional data and analys es to develop the right size threshold for when the Dust Control Manual should apply to dust generating activities. This postponement allows staff the necessary time to gather the requested data, conduct the analyses, and provide Council with a recommendation for a revised threshold. 5. Second Reading of Ordinance No, 046, 2016, Appropriating Prior Year Reserves in the General Fund and the Light and Power Fund and Transferring Appropriations from the Light and Power Fund to the General Fund for 2016 Projec ts Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (Adopted) This Ordinance, unanimously adopted on First Reading on April 5, 2016, appropriates $230,510 from the General Fund and $245,483 from the Light and Power Fund to initiate four projects in the CAP that have been identified for immediate action and investment based on guidance provided by the City Council. 1.1 Packet Pg. 16 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 425 6. First Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program. (Adopted) The purpose of this item is to appropriate $410,820 in Recreation Reserve funds for the Edora Pool Ice Center (EPIC) Lobby Improvements. The funds will be used to remodel and relocate the front desk, repurpose the snack bar area, create a recessed trash and recycling area, install new lockers, and renovate the overall appearance of the lobby area. 7. Items Relating to the Fossil Creek Trail - College Avenue to Shields Street Project. (Adopted) A. Resolution 2016-036 Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Fossil Creek Trail from College Avenue to Shields Street. B. First Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail -College Avenue to Shields Street Project. The purpose of this item is to authorize the City Manager to enter into an intergovernmental agreement with Great Outdoors Colorado (GOCO) for purposes of accepting grant funding and to appropriate the grant funds for the construction of the Fossil Creek Trail from College Avenue to Shields Street. GOCO has awarded the City a $1,000,000 trail grant. The proposed project would complete a major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shi elds Street. The layout of the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel underpass phase of the project has reached the final stage. Construction of the trail tunnel underpass will begin in 2016. GOCO requires a City resolution authorizing the City to enter into the grant agreement. Pursuant to the grant agreement the City has until June 2017 to complete the project. 8. First Reading of Ordinance No. 052, 2016, Authorizing the Transfer of Previo usly Appropriated Funds in the Capital Project Fund from the Timberline Recycling Center Project to the Timberline Road – Drake Road to Prospect Road Improvement Project (Adopted) The purpose of this item is to transfer previously appropriated funds in the amount of $87,102 from the Timberline Recycling Center into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project. This funding constitutes the Local Street contribution, in aid of construction, for the Timberline Recycling Center on Timberline Road. The Timberline Road frontage improvements along the Timberline Recycling Center frontage will be constructed with this year’s Capital Improvement Project. 9. First Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. (Adopted) The purpose of this item is to vacate various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. 1.1 Packet Pg. 17 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 426 10. Resolution 2016-037 Authorizing the Purchasing Agent to Lease Additional Vehicles and Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public Financing, Inc. For Schedule of Equipment No. 11. (Adopted) The purpose of this item is to request approval of the lease -purchase of vehicles and equipm ent for the cost of $2,781,629 under the Cit y’s Master Lease Agreem ent with Pinnacle Public Finance and the “First Am endm ent” to that Agreem ent (jointl y, the “Agreem ent”). Quarterly pa ym ents of $146,687 at the 2.05% interest rate will not exceed $293,374 in 2016. Mone y for 2016 lease - purchase pa ym ents is included and appropriated as part of the 2016 budget. A com petitive process was used to select Pinnacle Public Finance for this Agreem ent. A 2016 Finance Departm ent analysis of current and historical equipm ent lease financing arrangements showed that lease-purchase is in the best interest of the Cit y given the interest rate offered for the lease. Staff believes acceptance of this lease rate is in the Cit y's best interest.  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested additional detail regarding the timing of the appropriation for Item No. 6, First Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program, specifically questioning why it was not included in the previous mid-cycle budget. City Manager Atteberry replied the timing is partially due to increased efficiencies in leveraging the already-existing closed time for bulkhead construction.  STAFF REPORTS City Manager Atteberry stated a memo has been released that speaks to efforts regarding homelessness being made by City staff, Council, and private partners over the past two years. It is unfair, incorrect and misleading for individuals to state homeless citizens do not matter in the city. In terms of restrooms, City Manager Atteberry stated some have been closed due to public safety concerns and illegal activity. He briefly discussed the Project Homeless Connect statistics relating to shelter beds and permanent supportive housing in the community. He acknowledged the City does not currently support camping as a solution to homelessness. The City funds and supports its non-profit and private partners, but is not a direct service provider for homeless services in the community. He discussed the upcoming Outreach Fort Collins project, work with the faith-based community to provide shelter beds, and, pending voter approval, $4 million in capital improvement plans. Deputy City Manager Mihelich stated Catholic Charities has a vulnerable person designation which can be extended to individuals, allowing them a dedicated shelter bed. Conversations with both shelters regarding the possibility of providing the overflow shelter beds year-round have occurred. Police Lieutenant Mike Trombley stated no camping citations were written in 2016 on nights when the shelters were full. Councilmember Martinez asked if women over the age of 60 could qualify for the vulnerable person status. Deputy City Manager Mihelich replied that decision is made by Catholic Charities. 1.1 Packet Pg. 18 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 427 Councilmember Martinez asked how the City can aid in facilitating the issue regarding women, particularly older women, who do not have a safe place to sleep. Deputy City Manager Mihelich replied Catholic Charities can shelter 20 extra women and one extra family year-round without hiring additional staff and with approximately a $4,000 cost. A formal proposal regarding this short-term solution will be placed before Council soon and the Nashville model utilizing faith- based organizations will be examined on a more long-term basis. Councilmember Martinez encouraged Council to approve a short-term solution for homeless women. Councilmember Cunniff stated Natural Areas will never be an appropriate place for camping and ticketing should still occur even on nights shelters are full when dangerous behavior is occurring in Natural Areas. He asked if there is a possibility of staffing public restrooms with volunteers or staff. Deputy City Manager Mihelich replied there could be ways to architecturally modify the restrooms or staff them in order to reopen them. Mayor Pro Tem Horak suggested the City Manager could approve the $4,000 expenditure for the additional shelter beds for women. Members of the public can allow limited camping on private property and encouraged involvement of the county and state. Councilmember Campana stated the community is stepping up with regard to homeless issues, citing the extensive private funding of Homeward 2020. Police Chief John Hutto discussed a statement made by Brenton Dolph during the April 5 Council meeting, alleging misconduct and criminal behavior by Police Officer Todd Hopkins. The allegations were immediately investigated and, when contacted at th e April 5 Council meeting, Mr. Dolph was uncooperative and refused to give any further information at that time. Chief Hutto stated Internal Affairs Sargent Jackie Pearson conducted the investigation and found no evidence of any such actions. As a result of the investigation, Chief Hutto stated there seems to be no basis of truth to Mr. Dolph's allegations and he is proud of the professional and compassionate service provided by Officer Hopkins. Councilmember Martinez thanked Chief Hutto for his report. Councilmember Overbeck thanked Chief Hutto for his report and stated Officer Hopkins recently received a Human Relations Commission award. Mayor Troxell thanked Chief Hutto for his report and expressed his support for Officer Hopkins.  COUNCILMEMBER REPORTS Councilmember Overbeck reported on the rolling coal legislation at the state level. He commended various groups who have expressed support for the legislation. Councilmember Martinez reported on the Salvation Army monthly report. Councilmember Stephens reported on the Northern Colorado Youth Suicide Prevention Coalition meeting. Youth suicide is at epidemic levels in Fort Collins. 1.1 Packet Pg. 19 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 428 Councilmember Campana reported seven swimmers from Fort Collins will be going to the Olympic trials in June. Additionally, he thanked a group of runners who sang Happy Birthday to him on a recent run. Mayor Troxell reported on a visit to the Global Village Museum and discussion with John Roberts. Additionally, he reported on the Project Smile annual luncheon. Councilmember Martinez noted Project Smile is funded by volunteers and further discussed the goals of the organization.  DISCUSSION ITEMS 11. First Reading of Ordinance No. 054, 2016, Appropriating Prior Year Reserves in the Street Oversizing Fund to be Transferred Into the Capital Projects Fund and Appropriated Therein for the Construction of the Sharp Point/Nancy Gray Connection Project. (Adopted on First Reading) The purpose of this item is to appropriate $984,000 of prior year reserves in the Street Oversizing Fund and $116,000 from the Street Oversizing Fund Contributions & Aid into the Capital Project Fund for the Sharp Point/Nancy Gray Connection Project. The currently adopted Master Street Plan identifies Sharp Point Drive connecting Midpoint Drive with Nancy Gra y Avenue. This identified connection includes an at-grade crossing of the Great Western Railroad tracks. Right-of-way has previously been dedicated for the roadway connection. Due to recent development to the south as well as support from the Larimer County Sheriff’s Office (LCSO), staff has identified this connection as an immediate need. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 054, 2016, on First Reading. RESULT: ORDINANCE NO. 054, 2016, ADOPTED ON FIRST READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana 12. Second Reading of Ordinance No. 043, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and College Avenue Intersection Improvements P roject. (Adopted on Second Reading) This Ordinance, adopted on First Reading on April 5, 2016 by a vote of 6 -1 (Nays: Overbeck) authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The authorization is only for the six commercial properties at this location. There are two residential properties at the east end of the project that are not included here since work is still underway to further define impacts. These properties will be brought to Council at a later date for authorization. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with t he affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for the six commercial property acquisitions for the Project only if such action is deemed necessary. 1.1 Packet Pg. 20 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 429 Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 043, 2016, on Second Reading. Councilmember Overbeck stated his questions regarding traffic calming on First Reading were addressed and additional meetings will be held between staff and residents of the area. RESULT: ORDINANCE NO. 043, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 13. Items Relating to the Social Host Civil Citation. (Adopted on Second Reading) A. Second Reading of Ordinance No. 047, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Prohibit a Social Host from Allowing the Possession or Consumption of Ethyl Alcohol or Marijuana by Persons Under Twenty-One Years of Age. B. Second Reading of Ordinance No. 048, 2016, Amending Chapter 19 of the Code of the City of Fort Collins to Modify the Rules for Civil Infractions Related to Immediate Service of a Social Host Civil Citation. These Ordinances, adopted on First Reading on April 5, 2016 by a vote of 6-1 (Nays: Martinez) amend City Code to prohibit a person from allowing the possession or consumption of ethyl alcohol or marijuana by persons under the age of twenty -one, and to allow for the immediate service of a civil citation in the event of a violation of such Ordinance. Ordinance No. 047, 2016, has been revised to improve and clarify wording as discussed briefly during the Council’s consideration of the Ordinance on First Reading. The revisions are not intended to modify the meaning or effect of the Ordinance. Laurie Kadrich, Planning, Development and Transportation Director, stated the goal of this Ordinance is to assist in reducing underage consumption of alcohol and/or marijuana by hol ding the host of the gathering responsible by a civil infraction. Delynn Coldiron, Neighborhood Services Manager, stated the City’s minor in possession ordinance is effective in certain situations to address underage drinking. However, it is not effective in addressing large parties where underage drinking is occurring. Coldiron discussed the use of the City’s nuisance ordinance in addressing these types of situations and the gap filled by the social host ordinance in addressing certain situations. She noted the social host violation is the only civil violation option. This Ordinance would be a very small component in the tool box of means to address such issues. Staff is suggesting tracking the number of social host tickets being issued and the number of social host tickets being issued in place of a criminal option. Jerry Gregory opposed adoption of the social host ordinance stating students already recognize parties are being monitored and existing criminal violations are effective. Mike Pruznick questioned how this ordinance will affect r ental businesses and landlords as landlords should be held responsible for multiple violations of tenants in some way. 1.1 Packet Pg. 21 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 430 Adam Musielewicz, Team Wellness and Prevention Program Director, discussed statistics related to underage drinking and issues that can arise at house parties. Sam Laffey opposed adoption of the social host ordinance stating this is not the correct solution to underage consumption issues. Juan Carl, ASCSU, opposed adoption of the social host ordinance stating this type of legislation is not effective in other cities. Carrie Gillis, Northern Colorado Rental Housing Association, stated there is no data in Fort Collins to support the need for this ordinance. Jackie Sarten stated the goal should be to change the culture regarding underage drinking in the community. Councilmember Martinez questioned the effectiveness of this type of ordinance in other communities and suggested this topic needs to be further examined prior to its adoption. Civil infractions are part of public record. Councilmember Martinez made a motion, seconded by Councilmember Campana, to postpone consideration of this item. Staff and Council held a brief discussion regarding the best possible date for postponement. Councilmember Cunniff asked if Police can create a policy regarding the situati ons in which this would be applied. Lieutenant Jeremy Yonce replied the Police Department has a number of policies addressing enforcement and behaviors and Police apply individual ordinances as they are written; therefore, it would be unusual to draft a policy specific to one ordinance. Councilmember Cunniff asked if a policy could be drafted regarding the use of a nuisance infraction versus a social host infraction or an underage drinking citation. Lieutenant Yonce replied that could be examined at the direction of Council. Councilmember Cunniff stated he would like the timing of the creation of such a policy to guide the timing of the postponement. Police Deputy Chief Mike Trombley stated the creation of a specific policy as referenced would be a deviation from any other practice the Police Department has in terms of statutes, ordinances, or laws it enforces. Councilmember Cunniff withdrew his request for a specific policy. Councilmember Martinez stated the formation of a policy statement, even in the form of a memorandum, could be helpful given this particular ordinance and its civil penalty. Councilmember Campana asked if there is an existing policy regarding the application of the nuisance ordinance. Coldiron replied there are some specific references within the ordinance as to how it applies. 1.1 Packet Pg. 22 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 431 Councilmember Campana suggested the inclusion of policies within the ordinance. Kadrich stated there is a significant difference between the public nuisance ordinance and the social host ordinance in that the procedures referenced by Coldiron have to do with landlord notifications and the piece of the operation that would be done from the Neighborhood Services side. A police officer has discretion in enforcing the social host ordinance itself. Mayor Troxell suggested the inclusion of May 17 as the date for postponement. Councilmembers Martinez and Campana accepted the proposed date for their motion. Mayor Pro Tem Horak stated he would not support the motion as the policy examination can be done independently following the adoption of the ordinance. He discussed the need for an additional tool which will aid in addressing illegal activity. Councilmember Stephens stated she would not support the motion and supported adoption of the ordinance. Councilmember Campana suggested a better ordinance may result from the delay. Councilmember Martinez stated he would like to see a refinement of the implications of the ordinance and an examination of its enforceability and implementation. Additionally, he questioned whether this would be used a first or last resort. The vote on the motion to postpone to May 17 was as follows: Yeas: Martinez and Campana. Nays: Cunniff, Overbeck, Stephens, Horak and Troxell. THE MOTION FAILED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 047, 2016, on Second Reading. Mayor Pro Tem Horak discussed the importance of analyzing the effects of the ordinance as time goes on. City Manager Atteberry committed to such an analysis. Councilmember Cunniff expressed support for the ordinance and discussed the success of other civil enforcement issues in the City. Councilmembers Overbeck and Campana stated they would support the ordinance. Councilmember Martinez thanked those who spoke. RESULT: ORDINANCE NO. 047, 2016, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez 1.1 Packet Pg. 23 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 432 Mayor Pro Tem Horak made a motion, seconded by Councilmember Ste phens, to adopt Ordinance No. 048, 2016, on Second Reading. RESULT: ORDINANCE NO. 048, 2016, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez 14. Consideration of an Appeal of the Building Review Board’s March 7, 2016, Decision Regarding the Coy-Hoffman Silos, 1041 Woodward Way. (Board Decision Overturned) Woodward, Inc. (Woodward) is appealing the Building Review Board’s (BRB) decision, on remand from a January 19, 2016 appeal, to uphold the Chief Building Official’s determination that two historic farm silos, located at 1041 Woodward Way, are “dangerous structures” and not structures that pose an “imminent danger.” Mayor Troxell noted Council will be performing a quasi-judicial function regarding the decision of the Building Review Board related to the Chief Building Officer’s decision that the silos on the Woodward property are dangerous, but not imminently dangerous. City Attorney Daggett discussed the appeal process and defined parties-in-interest. Mayor Troxell proposed time allotments for presentations and rebuttals at 20 minutes and 10 minutes respectively. Carolynne White, Land Use Counsel for the appellant, requested 30 minutes for presentations and 10 minutes for rebuttals. Mayor Troxell and the parties opposed to the appeal accepted these time allotments. Laurie Kadrich, Planning, Development and Transportation Director, reviewed the processes and timeline regarding the status of the silos to this point and discussed the silos themselves. Councilmember Campana stated he visited the site today and reviewed the signage and fencing surrounding the silos. Mayor Troxell requested parties-in-interest address any procedural issues. Ms. White confirmed the physical evidence previously introduced is available should her team wish to reference it. Additionally, she requested the use of any unused presentation time for her team’s rebuttal and objected to testimony not relevant to the question before Council and to the presentation of new evidence to which Woodward has not had the opportunity to respond. Ms. White also requested the right to respond to such evidence without waiving the right to object to it. For example, she objected to evidence regarding whether it would be physically possible or economically feasible to repair or restore the silos, evidence regarding how many people may have signed petitions regarding the silos, and whether or not the structures are proposed or suitable to be designated as historic landmarks. Ms. White introduced Martha Fitzgerald and Chuck Steese who will be presenting the argument for Woodward. 1.1 Packet Pg. 24 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 433 Gina Janett, Save Our Silos Steering Committee and party-in-interest opposed to the appeal, opposed to the inclusion of Ms. Fitzgerald’s presentation as she did not appear at the Building Review Board meeting. Ms. White stated Martha Fitzgerald and Chuck Steese are counsel for Woodward and therefore do not require separate standing as parties-in-interest. Regarding the request for rolling over unused time from the presentation, Mayor Troxell stated time will not carry over to the rebuttal. Additionally, he requested objections be made at the time of presentation. Ms. Janett asked if any of the information in the record can be addressed. Mayor Troxell replied in the affirmative. APPELLANT PRESENTATION Martha Fitzgerald, Brownstein, Hyatt, Farber, Schreck attorney, discussed Council’s direction to the Building Review Board to consider whether the silos could fail under conditions of a ten-year wind event. The Board ignored Council’s direction despite undisputed evidence which demonstrated that the silos could fail in a ten-year wind event. Ms. Fitzgerald detailed the language of the remand and claimed the Board and Chief Building Official, Mike Gebo, continued to evaluate imminent danger as something that must be able to occur under everyday conditions without regard to a ten-year event. The evidence presented by the engineer for Woodward became the only, uncontroverted evidence addressing Council’s question directly and the engineer found both silos to be imminently dangerous in a ten-year wind event. Jim Rudolph, Woodward, Inc., reviewed the history of Woodward’s ownership of the property and discussed Woodward’s plan to preserve the historic fabric of the site, adaptively reuse the barn, milk house and silos, and secure public safety. Woodward is commited to safety. Chuck Steese, Armstrong Teasdale attorney, stated Mr. Gebo felt so strongly that the danger presented by the silos was immediate that he posted a warning on the silo area and required fencing to be placed around the area immediately. The only Code provision that gave Mr. Gebo the right to instruct Woodward to install a fence around the silos is 109.2, and the only way he could do that is if he had already determined that there was imminent danger at the location. Mr. Steese discussed the condition of the silos as outlined by Woodward’s hired engineering firm and requested Council find the silos to be imminently dangerous. OPPONENT PRESENTATION Lisa Ashbach stated the City of Fort Collins is committed to protecting structures of historic significance. Woodward made written commitments to preserve the site’s historic structures and Woodward, the Downtown Development Authority, and the City negotiated a financial incentive package to assist Woodward with funding to address many Fort Collins-specific development costs and obligations. Ms. White objected to the relevance of Ms. Ashbach’s statements. Mayor Troxell requested Ms. Ashbach keep her comments relevant to the appeal. 1.1 Packet Pg. 25 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 434 Ms. Ashbach stated her comments are in rebuttal to a point in the appeal regarding vested property interests. She stated Woodward created a vested property right not to demolish the silos, but to preserve them. Harry Rose argued Exponent, the engineering firm hired by the City, showed that if JVA’s analysis was correct, the silos would have already fallen due to last winter’s weather events. The silos can be repaired in place and are not an imminent danger. Carole Hossan introduced approximately 1,600 petitions in support of Woodward keeping its promise to save and preserve the two Coy Farm silos. Ms. White objected to the evidence as being new and not relevant. Mayor Troxell stated the evidence will not be accepted as it is new and not believed by Council to be relevant. Ms. Hossan stated Woodward should have started preserving the silos as soon as it purchased the property. Gina Janett stated this decision is not a legal decision but rather an engineering decision relating to whether or not the silos are going to fail at any time. Woodward has provided no empirical, measured data that the silos are imminently dangerous. Ms. Janett questioned why Woodward’s engineers went inside the silos to conduct tests if they thought they were imminently dangerous. Regarding the two engineering opinions, Ms. Janett stated Mr. Carpenter, of JVA, designs new structures to meet modern building codes while Mr. Bennett, of Exponent, is a certified safety assessment evaluator specializing in analyzing the condition and safety of existing buildings, including buildings affected by tornadoes. Ms. Janett requested that Council overturn Woodward’s appeal because the Building Review Board and Chief Building Official have properly interpreted City Code. Eric Fried argued Building Review Boardmember Reider’s application of probability theory to the silos was deeply flawed and greatly overstated the risk posed by the silos. The Chief Building Official, the engineering experts hired by the City, and the Building Review Board made a careful, deliberate, unbiased and accurate technical decision that the silos are in fact dangerous, which means they can be repaired. Bill Whitley discussed historical preservation in the City and stated voting against Mr. Gebo and the Building Review Board for political reasons sets a very bad precedent and directly contradicts Fort Collins Code on the importance of historic structures to the community. Dee Amick stated the appellants are attempting to use deceptive legal tactics in order to devalue the Coy Hoffman silos. She discussed the value of the silos to the community and a creative solution should be examined. The new Woodward campus is probably the most photographed company in Colorado. Ms. Amick stated she was allowed to approach and photograph the silos which she would have assumed she would not be allowed to do if they were imminently dangerous. Ms. White objected to Ms. Amick’s statements as being irrelevant. 1.1 Packet Pg. 26 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 435 City Attorney Daggett stated Ms. Ashbach has a document that was handed to staff but not actually presented to Council or the appellants. Ms. Janett replied the document is in Council’s packet on pages 229 and 230. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) APPELLANT REBUTTAL Mr. Rudolph stated the real issue for Woodward is safety and the company would never choose to protect the silos and barn in their current state at the risk of life and safety. He discussed Woodward’s plan to restore the barn and milk house and recognize the history of the silos through its adaptive reuse plan. Woodward cannot get insurance for the barn with the silos in place. Steve Carpenter, JVA, stated JVA’s calculations do not show the silos to be overstressed under their own weight. The calculations raise concerns with wind speeds around 60 miles per hour. Mr. Steese noted the core samples taken from the silos were provided to Mr. Gebo and the analysis of those samples was consistent with that of the Swiss Hammer readings. Ms. Amick signed a release indicating she was aware approaching the silos may involve the risk of serious injury and/or death prior to being allowed to approach the site. A ten year wind event could cause the silos to fall. The only conclusion is that the silos are imminently dangerous. OPPONENT REBUTTAL Ms. Ashbach stated Woodward may mitigate risk in the course of its business, but it cannot eliminate it. Council should ask the opinion of Paul Bennett of Exponent about the language regarding an imminent danger existing versus a structure being imminently dangerous. John Sargents discussed the issue of demolition by neglect and the imminently dangerous concept cannot be taken as a permanent condition because a solution exists to stabilize and repair the silos. Wendy Campbell requested Council question Paul Bennett during its discussion and consider the impact of its vote on the City Code regarding historic structures. Mr. Whitley stated Woodward could have obtained insurance on the silos and barn if they had repaired them as required by Mr. Gebo in September 2015. Mr. Fried discussed the Codes utilized by Mr. Gebo in his determination. COUNCIL QUESTIONS AND DISCUSSION Councilmember Cunniff requested the language of the remand be read. City Attorney Daggett displayed the language and read a portion of Resolution 2016-009, adopted by Council to conclude the original appeal of the matter. Councilmember Cunniff asked Mr. Gebo if he is of the opinion that the Building Review Board received and considered evidence and analysis regarding the effects of natural conditions and events of a one in ten year probability. Mr. Gebo replied in the affirmative. 1.1 Packet Pg. 27 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 436 Councilmember Cunniff requested an explanation of which portion of Section 109 Mr. Gebo felt was guiding him in posting the notice on the silos. Mr. Gebo replied the Building Official is authorized to post buildings when deemed dangerous and his declaration does not reference Section 109. Councilmember Martinez asked what authority Mr. Gebo used to make his determination. Mr. Gebo replied the International Building Code is the standard code which covers all others and the ability to post notices was based on the International Building Code which authorizes the Building Official to do such things. Councilmember Campana and Mr. Gebo discussed the definition of dangerous and how it was applied to the silos. Councilmember Campana asked Mr. Bennett if he agreed with Mr. Gebo's assessment of that definition. Paul Bennett, Exponent Failure Analysis Associates, replied in the affirmative. Councilmember Campana asked Mr. Bennett if he reviewed the silos for a one in ten-year wind event and if that is approximately 85 miles per hour. Mr. Bennett replied in the affirmative on both accounts and stated he did not find the structures could fail under those wind loads. Mr. Bennett stated he did not continue his analysis to determine under what wind speeds the silos would fail. Councilmember Campana asked Mr. Bennett why he and Mr. Carpenter are arriving at different conclusions. Mr. Bennett replied the two different answers have to do with one's assumptions and analysis. The two engineers differ on the capacity of the structures and he looks at historical performance as one indicator of what the structures can resist. Mr. Bennett discussed various triggers in the City's code that aid in determining the danger potential of a structure. Councilmember Campana asked Mr. Bennett if he is concerned the silos could collapse. Mr. Bennett replied he has not done the analysis on a full design load wind event; however, his report states they likely would collapse under a 1,700 year wind event. Councilmember Campana asked if Mr. Bennett feels the threat exists despite not knowing when it will come to fruition. Mr. Bennett replied in the affirmative. Councilmember Campana asked if there is an immediate issue which could cause co llapse given no one knows when such a wind event could occur. Councilmember Campana asked Mr. Bennett if he thinks the fence was justified. Mr. Bennett replied in the affirmative and stated he recommended that in his original report. Councilmember Cunniff requested clarification regarding the difference of opinion between the two engineering approaches. Mr. Bennett replied he looks at existing structures and past performance. The two engineering firms are using similar or the same equations with di fferent assumptions varying in conservativeness. The methodologies are different regarding new structures and he does not believe the silos will collapse in a ten -year wind event. Mr. Bennett discussed his opinions relating to imminent danger, stating those structures are potentially so unsafe they cannot be entered for repair. He does not believe that is the case with the silos. 1.1 Packet Pg. 28 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 437 Councilmember Campana asked about the fact that fencing is referenced in the imminent danger section of the Code whereas only signage is required in terms of a structure being an attractive nuisance. It appears the actions which have taken place address an imminent threat. Mr. Bennett replied the International Building Code's definition of dangerous discusses dilapidation and pieces that could fall off as well as attractive nuisance, which references the here and now. Life safety hazard can be minimized by limited access to the silos. Councilmember Martinez asked what falling pieces would indicate. Mr. Bennett replied that would indicate dilapidation and decay. Councilmember Martinez asked if pieces start falling off when things start collapsing. Mr. Bennett replied there is decay happening to the structures and they will eventually collapse if not repaired; however, he noted that is unrelated to a sudden collapse. Councilmember Martinez asked how long the acid erosion will take to collapse the structures. Mr. Bennett replied the acid erosion is a byproduct of the silage that was once stored in the silos and noted the silos have been standing over 100 years. Councilmember Martinez stated the fencing and signs have the appearance of dealing with an imminent danger. Mr. Bennett replied the fence is mandated under the International Building Code to mitigate a life safety hazard and attractive nuisance hazards. Councilmember Martinez asked if Mr. Gebo acted on what Mr. Bennett suggested or on his own accord. Mr. Gebo replied it was based on Mr. Bennett's suggestion with which he agreed and stated part of the dangerous classification was being removed by fencing the site. Councilmember Martinez asked if a fence was deemed necessary prior to getting the results of the analysis. Mr. Gebo replied the fence was installed after the analyses by both engineers. He stated it was the combination of the reports that led to his conclusion of them being dangerous and noted he was not aware of them prior to reading these reports. Councilmember Stephens stated she is struggling with the ambiguity of the definition of imminent and asked why a dictionary definition has had to be used. Mr. Bennett replied the definitions are not air tight and are written by engineers rather than lawyers. The Codes have trended toward allowing the Building Official to make more decisions based on his best judgment. There is some guidance related to the definition of imminent in the Code Commentary section. Mr. Gebo read sections of the Code Commentary section relating to the definitions of dangerous and imminently dangerous and his interpretation of imminent as being something that is about to happen. Councilmember Stephens asked if the word imminent was always used. Mr. Gebo replied prior to this case, he was able to classify a building as dangerous through the historical chapter of the City Code; at that time, a dangerous classification allowed the building owner to repair or remove the dangerous structure as the owner saw fit. Now, the danger n eeds to be classified as imminent to give the owner that same option. 1.1 Packet Pg. 29 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 438 Mayor Troxell asked Mr. Bennett if he completed sensitivity analyses to understand his assumptions and how well they would hold up. Mr. Bennett replied his analysis looked at real world behavior and historical performance. Mayor Troxell stated the sensitivity analysis is important and asked if the wind direction was included in the analysis. Mr. Bennett replied the wind load analyzed is a worst case scenario. Mayor Troxell asked Mr. Gebo what condition would qualify as imminent. Mr. Gebo replied he would refer to the engineering reports he used in determining they are dangerous and not imminent. He stated he would always rely on additional professional support to make that decision. Mayor Troxell stated there does not seem to be a perspective on "at any time" in applying what is imminent and asked if Mr. Bennett agreed. Mr. Bennett replied imminent danger, to him, is something that is so precarious and unsafe he would not be comfortable with anyone going in the structure to inspect or repair it. Mayor Troxell asked about the fencing. Mr. Bennett replied the fencing was put in place as part of the dangerous definition. Mayor Troxell expressed concern there is no clear definition of imminent and stated an expert should be able to clearly define the term. Councilmember Martinez asked what the silos would have to look like in order for them to be declared imminent. Mr. Bennett replied he would need to see evidence of crumbling now. Councilmember Campana asked Mr. Carpenter for his thoughts on the notion of capacity being calibrated to past performance. Mr. Carpenter replied it is something he considers; however, he prefers to do testing as well as visual inspections. Mr. Carpenter stated he agrees with Mr. Bennett on most of the assumptions, with the exception of capacity. He discuss ed the stave tongue-in-groove mechanism. His calculations in concert with visual inspection have led him to classify the structures as being imminently dangerous. He noted the silos go through freeze-thaw cycles frequently and are in a different condition than they were five years ago. Mayor Troxell asked Mr. Carpenter to describe his definition of imminent with respect to the silos. Mr. Carpenter replied he believes the Code takes probabilities into account; therefore a ten-year recurrence is already accounted for in the formulas, loads, and wind speeds. Councilmember Martinez requested clarification regarding Mr. Steese's comment that the Building Review Board did not follow the direction of Council's remand. Mr. Steese replied Mr. Bennett's report analyzes whether the silos could withstand wind events rather than could wind events cause them to fail. The imminent standard as described by Mr. Bennett was not the same standard put to the Building Review Board. The Board opted to disagree with the remand and look at something beyond the one in ten year wind event. Councilmember Cunniff asked Mr. Steese if he disagreed with Council's remand motion as he previously read it. Mr. Steese replied it specifically references a one in ten year probability. Councilmember Cunniff asked Mr. Steese if he disagrees that the Board received and considered evidence. Mr. Steese replied the Board received the evidence but it was ignored. 1.1 Packet Pg. 30 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 439 Extension of Meeting past Midnight City Attorney Daggett recommended Council may want to consider making a motion to suspend the rules and extend the meeting past midnight. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to suspend the rules regarding the termination of the meeting at midnight to consider the remainder of this item and the remaining agenda item. Mayor Pro Tem Horak supported completion of this item but questioned the consideration of the remaining agenda item. Councilmembers Cunniff and Overbeck withdrew their original motion in order to consider a motion regarding Agenda Item No. 15. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to suspend the rules to continue the meeting past midnight to complete discussion and determination of this item. Yeas: Stephens, Horak, Troxell, Cunniff, Martinez, Overbeck and Campana. Nays: none. THE MOTION CARRIED. 15. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District -Precinct Map. (Postponed to May 3, 2016) The purpose of this item is to amend the City of Fort Collins District -Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone Item No. 15, First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map, to May 3, 2016. RESULT: ORDINANCE NO. 055, 2016, POSTPONED TO MAY 3, 2016 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak CONTINUATION OF APPEAL HEARING Councilmember Campana made a motion, seconded by Councilmember Martinez, to overturn the March 7, 2016 Building Review Board decision sustaining the Chief Building Officer's determination the silos are not an imminent danger based on the evidence in the record and presented at this hearing because, on remand, the Building Review Board failed to properly interpret and apply the section of the remand regarding applying a one in ten year occurrence, and failed to properly interpret and apply City Code Section 547-12 and/or the International Property Maintenance Code Section 202 defining imminent danger. Additionally, Councilmember Campana moved that Council find the silos are an imminent danger based on the evidence in the record and presented at this hearing. 1.1 Packet Pg. 31 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) April 19, 2016 City of Fort Collins Page 440 Councilmember Cunniff stated he appreciates the complexity of the case; however, he stated the Building Review Board did the best it could with the information it was given. He discussed the definition of imminent as being so dangerous it cannot even be repaired but the silos have not met that definition. Councilmember Overbeck agreed with Councilmember Cunniff. Councilmember Stephens stated she would support the motion; however, she expressed concern regarding the idea of demolition by neglect. Mayor Troxell expressed appreciation for both engineering perspectives and noted judgment is an important part of engineering. He stated he would be supporting the motion. Councilmember Martinez noted the fact that insurance cannot be granted for the silos or barn show the insurance company finds the structures to be imminently dangerous. City staff implied imminent danger when they required fencing and signage. RESULT: BUILDING REVIEW BOARD DECISION OVERTURNED [5 TO 2] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Stephens, Campana, Troxell, Horak, Martinez NAYS: Overbeck, Cunniff Mayor Troxell requested staff input in terms of next steps regarding this issue. Kadrich replied the action taken by Council will allow the demolition of the silos once the action becomes official upon adoption of a resolution of finding and fact. City Attorney Daggett stated the non-consensual historic designation process will move forward as it involves more than just the silos. Kadrich stated the historic designation process is scheduled for second reading at the Landmark Preservation Commission on May 11.  ADJOURNMENT The meeting adjourned at 12:04 AM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 32 Attachment: April 19, 2016 (4449 : minutes-4/19, 4/26) City of Fort Collins Page 1 April 26, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Campana, Troxell, Cunniff, Horak (6:09 PM) ABSENT: Overbeck Staff Present: Atteberry, Daggett, Winkelmann  CITIZEN PARTICIPATION Carol Tunner stated the silos were not imminently dangerous and could have been repaired. She noted the Linden Hotel was once condemned and discussed the fact that State Historical Fund grants could have been used to repair the silos. Myrne Watrous stated Council has chosen to let political consideration take precedence over community values and has chosen to ignore facts.  DISCUSSION ITEMS 1. Resolution 2016-038 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the March 7, 2016, Building Review Board Decision on Remand Regarding the Coy- Hoffman Silos, 1041 Woodward Way. (Adopted) The purpose of this item is to make Findings of Fact and Conclusions of law regarding the appeal of the Building Review Board (BRB) March 7, 2016, decision upon remand to uphold the Chief Building Official’s declaration that the two historic farm silos located at 1041 Woodward Way are “dangerous structures” and not structures that pose an “imminent danger” (also referred to as “imminent threat”). The appeal was heard by City Council on April 19, 2016. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Resolution 2016-038. Councilmember Cunniff expressed concern with the timing of this Resolution as the normal course of action is to wait two weeks; however, he acknowledged reading the City Clerk's memo indicating there have been several similar occurrences. He suggested a future improvement to the process involving an indication at the original hearing of the timing of the findings resolution. Mayor Troxell expressed appreciation for Councilmember Cunniff's comments and stated the special meeting was important given the finding of imminent threat or danger. Councilmember Campana suggested a findings resolution occur the night of the hearing in cases of imminent danger. Councilmember Stephens requested information regarding the reason for some of the delays or quicker considerations of findings resolutions. City Attorney Daggett replied the Code requires Council to adopt the findings resolution no later than the next regular Council meeting and there have been occasions wherein there is a large gap between regular Council meetings. 1.2 Packet Pg. 33 Attachment: April 26, 2016 (4449 : minutes-4/19, 4/26) April 26, 2016 City of Fort Collins Page 2 Mayor Pro Tem Horak concurred with Councilmember Cunniff's comments regarding a more predictable process around findings resolutions. RESULT: RESOLUTION 2016-038 ADOPTED [5 TO 1] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Cunniff ABSENT: Overbeck  OTHER BUSINESS Councilmember Cunniff stated the experience regarding the silos has made it clear that the term imminent danger is not evocative of what the C ity wants to express with respect to historic preservation. He requested and received Council support in examining options for changing or defining the term to make it more objective.  ADJOURNMENT The meeting adjourned at 6:14 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 34 Attachment: April 26, 2016 (4449 : minutes-4/19, 4/26) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Emma Belmont, Transit Planner SUBJECT Second Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Cente r. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, existing appropriations in 2016 will be used to cover the 1% of the project budget ($2,625) to APP. This reflects a change in the APP amount from First Reading (1% of the local match - $520), which was determined did not meet the APP Ordinance requirement. STAFF RECOMMENDATION Staff recommends adoption of Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2 Packet Pg. 35 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Emma Belmont, Transit Planner SUBJECT First Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. EXECUTIVE SUMMARY The purpose of this item is to request an unanticipated 2016 appropriation in the amount of $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, we will use existing appropriations in 2016 to cover the 1% of the local match ($525) to APP. STAFF RECOMMENDATION Staff recommends adoption of Ordinance on First Reading. BACKGROUND / DISCUSSION Transportation Alternatives Program (TAP) grant funding was awarded to the City of Fort Collins, Boulder County and Colorado State University (CSU) to fund four regional secure bicycle parking structures at transit facilities to improve multi-modal connections between bicycling and transit. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. These secure bike parking structures have been named “Bike-n-Ride” stations and add to an existing network in Boulder County and Fort Collins. Two bike shelters exist in Fort Collins, one at the South Transit Center (STC) and the other in the Civic Center Parking Structure. A map of the existing and planned shelters is provided as Attachment 4. This funding was awarded to build new secure bike shelters at the following locations: • Downtown Transit Center (250 North Mason Street, Fort Collins) - to be built by Fort Collins • University MAX Station (University Avenue and South Mason Street, Fort Collins) - to be built by CSU • Lafayette Park-n-Ride (1180 South Public Road, Lafayette) - to be built by Boulder County • Boulder Junction (30th Street and Pearl Street, Boulder) - to be built by Boulder County The bicycle parking facilities will be open-air structures with a roof, walls, and a locked door to protect parked bicycles from theft, vandalism and the elements. Secure bicycle parking facilities allow transit riders to bike to a bus stop, safely secure their bike in the shelter, and then complete the rest of their journey via transit or vice versa. Shelters encourage bicyclists who might otherwise bring their bike with them onboard a bus to leave their bike in a secure bike shelter. Access to the facilities will be limited to members who sign-up for the program. 2.1 Packet Pg. 36 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4416 : SR 051 Downtown Transit Center Bicycle Parking Agenda Item 6 Item # 6 Page 2 In addition to bicycles, longboards may also be accommodated within the Bike-n-Ride shelters, but generally longboards are small enough for customers to bring with them on buses. Bike-n-ride shelters provide an opportunity to collaborate on bike and longboard parking in alignment with a forthcoming FCMoves BFO offer. Providing secure bicycle facilities is one of three approaches identified in an outreach effort that took place in the fall of 2014 to help assist with bike parking needs along the MAX Bus Rapid Transit route. This effort was undertaken to address numerous incidents where bicyclists had been left at MAX stations due to the MAX interior bike racks being full. Other approaches identified to help with MAX’s bike needs were more bike parking at stations (completed in late 2014) and bike share implementation (opened April 1, 2016). Additional information on the outreach effort that identified these approaches can be found in Attachment 5. CITY FINANCIAL IMPACTS The cost of the project will be borne by TAP funds (80%) and by local KFCG carryover funding (20%). Transfort will also fund Art in Public Places a 1% contribution of the local match portion. Transfort is not requesting any additional funding from the City. ATTACHMENTS 1. Grant Agreement (PDF) 2. Notice to Proceed (PDF) 3. Grant Application (PDF) 4. Bike-n-Ride Regional Network Map (PDF) 5. Bike Accommodations along MAX Overview (PDF) 2.1 Packet Pg. 37 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4416 : SR 051 Downtown Transit Center Bicycle Parking -1- ORDINANCE NO. 051, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSIT SERVICES FUND FOR A BICYCLE PARKING FACILITY AT THE DOWNTOWN TRANSIT CENTER AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the purpose of this item is to appropriate funds to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center; and WHEREAS, in 2015, the Colorado Department of Transportation (“CDOT”) awarded the City $210,000 (80% of total project cost of $262,000) in Transportation Alternatives Program (“TAP”) funding to design and construct the facility, and a grant agreement was executed by CDOT with Boulder County who will administer the funds on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016; and WHEREAS, a local match for the project in the amount of $52,500 (20% matching funds) was previously appropriated from Keep Fort Collins Great-Other Transportation capital project funding; and WHEREAS, the bicycle parking facility will be an open-air structure with a roof, walls, a locked door to protect parked bicycles from theft, vandalism and the elements and there will be secure access to the facility limited to members who sign-up for the program; and WHEREAS, providing secure bicycle facilities is one of three approaches identified in an outreach effort that took place in the fall of 2014 to help assist with bike parking needs along the MAX Bus Rapid Transit route; and WHEREAS, an additional $525 $2,625, which represents one percent of the total project appropriation including for the local match of the project and is coming from existing appropriations for 2016, must be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program, with $410 $2,050 reserved for the APP artwork project and $115 $575 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year. Packet Pg. 38 -2- WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Transit Services Fund the sum of TWO HUNDRED TEN THOUSAND DOLLARS ($210,000) for a bicycle parking facility at the Downtown Transit Center. Section 3. That the unexpended appropriated amount of FOUR HUNDRED TEN DOLLARS ($410) TWO THOUSAND FIFTY DOLLARS ($2,050) in the Transit Services Fund – Bicycle Parking Facility at the Downtown Transit Center Grant Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art Project. Section 4. That the unexpended appropriated amount of ONE HUNDRED FIFTEEN DOLLARS ($115) FIVE HUNDRED SEVENTY FIVE ($575) in the Transit Services Fund – Bicycle Parking Facility at the Downtown Transit Center Grant Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 39 -3- Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 40 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF David Pearson, Police Lieutenant SUBJECT Second Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates unanticipated revenue in the General Fund and authorizes the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Co ntrol Policy and the Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. Ordinance No. 056, 2016 (PDF) 3 Packet Pg. 41 ATTACHMENT 1 Agenda Item 7 AGEND A ITEM SUMM ARY May 3, 2016 City Council ST AFF David Pearson, Police Lieutenant SUBJECT First Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. EXECUTIVE SUMM ARY The purpose of this item is to appropriate unanticipated revenue in the General Fund and authorize the transfer of appropriated amounts between accounts and projects for the m ulti-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Polic y and the Departm ent of Justice on behalf of the NCDTF for federal grant m onies to help fund the investigation of illegal narcotics activities in Larim er County. These grant awards will be us ed to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcem ent, the dr ug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is m ade up of assets seized from people engaged in illegal drug activities. ST AFF RECOMMENDAT ION Staff recomm ends adoption of the Ordinance on First Reading. B ACKGROUND / DISCUSSION This appropriation is not a request to identif y new dollars for the Police Services ’ 2016 budget. This action is tak en ever y year when federal awards are granted and the NCDTF budget is set. This action will appropriate $95,827 and $49,525 in new federal grant m oney and will author ize the transfer of $279,915 from the forfeiture reserve account for unfunded operating expenses in 2016. The NCDTF currently includes Fort Collins Police Services, the Loveland Police Departm ent, and Colorado Adult Parole. CIT Y FIN ANCI AL IMPACT S The City has received two grant awards for the operation of the NCDTF. These grants will be used for task force operating expenses. • Office of National Drug Control Policy (2016-HIDTA) in the am ount of $95,827. • Edward B yrne Mem orial Justice Assistance Grant (2015-2016 JAG) in the am ount of $49,525. In addition, $279,915 will be transferred from the NCDTF forfeiture reserve account to the Cit y of Fort Collins General Fund to establish the 2016 annual operating budget for expenses that are not grant funded. There is no financial im pact to the City of Fort Collins as there are no m atching funds required. Item # 7 Page 1 3.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4419 : SR 056 Northern Colorado Drug Task Force Grant) -1- ORDINANCE NO. 056, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND AUTHORIZING THE APPROPRIATION OF RESTRICTED NORTHERN COLORADO DRUG TASK FORCE GENERAL FUND RESERVES FOR FORT COLLINS POLICE SERVICES 2016 TASK FORCE PROGRAMS AND SERVICES WHEREAS, the Office of National Drug Control Policy and Department of Justice has awarded Fort Collins Police Services (“FCPS”) two grant awards of federal money in the amounts of $95,827 and $49,525 for a total of $145,352; and WHEREAS, no matching funds are required for the grant funds and the City and FCPS will administer the grant for the Task Force; and WHEREAS, there is $279,915 in prior forfeiture reserve funds in the restricted Northern Colorado Drug Task Force (the “Task Force”) Reserve in the General Fund; and WHEREAS, the grants and prior reserve funds will be used by the Task Force to help fund the investigation of illegal narcotics activities as well as the 2016 annual operating budget of the Task Force; and WHEREAS, the Task Force consists of representatives from FCPS, Loveland Police Department, and Colorado Adult Parole; 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, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City staff has determined that the appropriation of the grant funds as described herein 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 the fiscal year; and WHEREAS, it is the desire of the City Council to appropriate unanticipated grant revenue in the General Fund and prior reserves in the Northern Colorado Drug Task Force General Fund Reserve for expenditure therein for the FCPS Task Force. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 3.2 Packet Pg. 43 Attachment: Ordinance No. 056, 2016 (4419 : SR 056 Northern Colorado Drug Task Force Grant) -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 ONE HUNDRED FORTY FIVE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($145,352) for expenditure, upon receipt, in the General Fund for Police Services for the Northern Colorado Drug Task Force. Section 3. That there is hereby appropriated from prior year reserves in the Northern Colorado Drug Task Force Reserve the sum of TWO HUNDRED SEVENTY NINE THOUSAND NINE HUNDRED FIFTEEN DOLLARS ($279,915) for transfer to the General Fund and appropriated therein, for Police Services for the Northern Colorado Drug Task Force. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 44 Attachment: Ordinance No. 056, 2016 (4419 : SR 056 Northern Colorado Drug Task Force Grant) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Matt Fater, Utilities Special Projects Manager Jon Haukaas, Water Engr Field Operations Mgr Phil Ladd, Utilities Customer Accounts Supervisor Lance Smith, Strategic Financial Planning Manager SUBJECT Second Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $44,615 in grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund city project management costs associated with concept ual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate street and structure flooding. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. Ordinance No. 057, 2016 (PDF) 4 Packet Pg. 45 ATTACHMENT 1 Agenda Item 8 AGEND A ITEM SUMM ARY May 3, 2016 City Council ST AFF Matt Fater, Utilities Special Projects Manager Jon Hauk aas, W ater Engr Field Operations Mgr Phil Ladd, Utilities Custom er Accounts Supervisor Lance Sm ith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberr y/M yrtle/Riverside Storm Sewer Project. EXECUTIVE SUMM ARY The purpose of this item is to appropriate $44,615 in grant revenues from the State of Colorado Departm ent of Hom eland Security-Office of Em ergenc y Managem ent (DHSEM). The grant will fund city project m anagement costs associated with conceptual design of the Mulberry/M yrtle/Riverside Storm Sewer project. The project is identified in the Old T own Master Drainage Plan to m itigate street and structure flooding. ST AFF RECOMMENDAT ION Staff recomm ends adoption of the Ordinance on First Reading. B ACKGROUND / DISCUSSION In 2014, the DHSEM announced the Federal Em ergency Managem ent Agenc y (FEMA) was providing funding for flood m itigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the Septem ber 2013 flood event. The Cit y subm itted a grant proposal for the Mulberr y/M yrtle/Riverside Storm Sewer project to the Hazard Mitigation Grant Program (HMGP) m anaged b y the DHSEM (as the Grantor). Funds would be delivered to successful applic ants via reim bursem ent for costs incurred for appr oved mitigation approaches. The City’s subm ittal for the conceptual design of the project totaled $50,989. The City was awarded $44,615 (87.5% of total) as m atching funds from FEMA and DHSEM. Upon com pletion of the conceptual design phase, FEMA will evaluate the project for consideration of future grant funding related to final design and construction costs. Ultim ately, the proj ect will construct storm water im provem ents in the area of Mulberr y Street, Riverside Avenue, and M yrtle to alleviate structure and street flooding. If the Ordinance is adopted, this Project account balance will be established in a capital project account that will receive funds directed from the existing Utilities Storm water Drainage Fund. The HMGP grant award matching funds will be pr ovided via reimbursem ent requests to the DHSEM m ade quarterly. CITY FINANCIAL IMPACTS The Ordinance will enable Utilities to m ove forward with the Project. The m atching funds of $6,374 are expected to be covered by current appropriations available in the Utilities Storm Drainage Fund. T his Ordinance is also consistent with the objectives stated by Cit y Council in Ordinance No. 168, 1998, for uniform and citywide operation, m aintenance, and im provem ents to the storm water s ystem . Item # 8 Page 1 4.1 Packet Pg. 46 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4420 : SR 057 Mulberry/Myrtle/Riverside Storm Sewer -1- ORDINANCE NO. 057, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE STORM DRAINAGE FUND FOR CONCEPTUAL DESIGN OF THE MULBERRY/MYRTLE/RIVERSIDE STORM SEWER PROJECT WHEREAS, in 2014, the State of Colorado Department of Homeland Security - Office of Emergency Management (“DHSEM”) announced that the Federal Emergency Management Agency (“FEMA”) was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event; and WHEREAS, the City’s submittal for the conceptual design of the Mulberry/ Myrtle/Riverside Storm Sewer project totaled $50,989 and the City was awarded $44,615 (87.5% of total) as matching funds from FEMA and DHSEM for project management costs associated with conceptual design of the project; and WHEREAS, the purpose of this item is to appropriate $44,615 in grant revenues from DHSEM; and WHEREAS, the City matching funds of $6,374 will be covered by current appropriations available in the Storm Drainage Fund; and WHEREAS, the proposed project will construct stormwater improvements in the area of Mulberry Street, Riverside Avenue and Myrtle Street to alleviate structure and street flooding; and WHEREAS, upon completion of the conceptual design phase, FEMA will evaluate the project for consideration of future grant funding related to final design and construction costs; 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, do not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Storm Drainage 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: 4.2 Packet Pg. 47 Attachment: Ordinance No. 057, 2016 (4420 : SR 057 Mulberry/Myrtle/Riverside Storm Sewer Project) -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 for expenditure from unanticipated grant revenues in the Storm Drainage Fund the sum of FORTY FOUR THOUSAND SIX HUNDRED FIFTEEN DOLLARS ($44,615) for the Mulberry/Myrtle/Riverside Storm Sewer Project. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 48 Attachment: Ordinance No. 057, 2016 (4420 : SR 057 Mulberry/Myrtle/Riverside Storm Sewer Project) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF John Phelan, Energy Services Manager SUBJECT Second Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On -Bill Utility Financing Terms. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 3, 2016, clarifies the interest rate language in relevant Utilities rate ordinances for the Home Efficienc y Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recomme nded moving forward with this proposed change. Staff also plans to return to Council in the third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. Ordinance No. 058, 2016 (PDF) 5 Packet Pg. 49 ATTACHMENT 1 Item # 9 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms. EXECUTIVE SUMMARY The purpose of this item is to clarify interest rate language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range appr oved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recommended moving forward with this proposed change. Staff also plans to return to Council in the third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Home Efficiency Loan Program (HELP) (also known as the On-Bill Financing (OBF) program) provides residential and certain commercial utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the Utilities’ efficiency and conservation efforts and the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Efficiency Plan. HELP was established by Ordinance No. 033, 2012, which revised language in Chapter 26 of the Municipal Code to enable Utilities to provide financing and on-bill servicing of loans for energy efficiency, water efficiency and renewable energy projects. The HELP was launched in January 2013, and was reviewed by Council in August 2013, October 2014 and January 2015. Loan activity ramped up significantly in the second half of 2015 and continues into early 2016. Based on the participation to date, Council increased the maximum outstanding loan balance limit with Ordinance No. 035, 2016 on April 5, 2016. Ordinance language to revise the interest rates was originally included in the April 5, 2016, ordinance. Prior to the meeting, the City Attorney’s Office determined that the Code revisions needed to go through the formal public notification process. The April 5 ordinance was amended to separate the Code changes from the increase in loan balance limit. This ordinance brings back interest rate Code revisions and the formal public notification process will be complete prior to second reading, scheduled for May 17, 2016. The initial purpose of HELP was to develop a financing mechanism for qualified residential customers in support of energy efficiency improvements. Such a financial product was not available from local private financial institutions. The goal continues to be supporting more energy projects and more comprehensive projects within the Fort Collins Utility Services Area. 5.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4421 : SR 058 On-Bill Financing Interest Rates) ATTACHMENT 1 Item # 9 Page 2 This interest rate clarification by Code is the next step in an ongoing process to develop a sustainable financing approach for energy efficiency. Utilities has demonstrated success with the program participation to date and this change is aligned with pending efforts which are aimed at being able to scale the program substantially over an extended period of time. Revising On-bill Financing Interest Rates Under the current model, where loan capital is provided by Utilities reserve funds, the City has broad discretion for setting loan characteristics. The interest rate range is defined in the City Code (currently set from 2.5% to 10%) and the interest rate for new loans is set by Council in via ordinances. The lower end at 2.5% was included, at Council direction, to support getting the program started with a favorable interest rate. The higher range was included to allow for flexibility moving forward and to accommodate changes in the financial marketplace. For the Council meetings in January and February of 2015, the interest rate recommended by staff and Chief Financial Officer was 4%. During these meetings, Council provided direction to set the interest rate at 2.5% and also to extend the maximum loan term from 15 to 20 years. On February 22, 2016, staff presented to the Council Finance Committee the recommendations for the OBF capital funding and program interest rates. The Committee took the staff recommendations under advisement and also clarified the intent to manage available funds as a revolving loan fund over time, where repaid funds become immediately available for use by the on-bill financing program. Based on that discussion and Chief Financial Officer’s recommendation, staff is proposing that the interest rate for loans funded by the recent increase in capital allocated under Ordinance No. 035, 2016, be serviced with a 4% fixed interest rate. The proposed change in interest rate will better align loan rates with the expected transition towards market rates as described in the following section. There are two primary reasons for the proposed interest rate change: • With the anticipation of capital pressures on the Electric Utility reserves coming from aging infrastructure, the Climate Action Plan and potentially broadband efforts, there is not sufficient capacity within the Light & Power Fund to finance the level of energy improvements needed in the community. Hence it is necessary to look toward lending institutions to provide the capital for this ongoing program which will require raising the interest rate to a market based rate. In order to encourage participation by lending institutions for what is likely a new product for them, it is prudent to demonstrate that there will be a market for their product at a higher interest rate. This proposal is still below the actual market interest rates but it is a significant step in that direction. • Increasing the interest rate in a modest but significant step towards expected market rates will prevent a single large step in interest rates at a later date. A more gradual approach will keep contractors and customers engaged in the program. Planning for Third Party Capital Sources The recently approved increase in the outstanding balance limit under Ordinance No. 035, 2016, will, in effect, create a timeline for developing a project to recommend next steps for capital sources and loan options for customers after 2016. Based on the new limit, an interdepartmental staff team will develop recommendations by late summer 2016 for implementation by the end of the year or sooner. Staff has chartered a project team to research, identify and recommend options for consideration by Council to meet future capital requirements for HELP and programs similar to On-Bill Finance type programs. The team is comprised of staff from Utilities Resource Conservation, Utilities Strategic Finance, City Finance, the City Attorney’s Office and Sustainability Services. Team members also represent a number of Climate Action Plan strategic teams (Energy Efficiency, Financing and Climate Economy). The results of this team’s efforts will be presented to Council Finance and/or Council for consideration, including but not limited to: 5.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4421 : SR 058 On-Bill Financing Interest Rates) ATTACHMENT 1 Item # 9 Page 3 • Cost of capital to City, Utilities and/or loan recipients • Scalability • Impact on City or Utilities balance sheet • Legal review for servicing of loans on utility bills under a new structure • Characteristics of loan terms (e.g. qualifications, interest rates, loan term) • Relationship to existing and proposed efficiency and renewable energy programs and services. The project team recommendations presented later in 2016 will include a recommended roadmap for all loan characteristics. Relationship of Financing to Climate Action Plan The developing implementation plan to meet the 2020 CAP objectives includes expanded efficiency results, accounting for nearly 50% of the 2020 reduction target. It is expected that financing of energy efficiency will be a key tactic to reaching higher participation levels. It will be important to balance the requirements of financing partners with the expectations of customers. The target for the CAP 2020 objectives would require an approximately 4x increase in results from residential programs, requiring reaching more customers and completing more comprehensive improvements saving both electricity and natural gas. Continuing to offer attractive financing is considered to be an important element for success moving forward. Over 60 loans have been completed to date, used primarily for home efficiency upgrades and with a few solar and water projects. The energy loans, taken as a group, are estimated to be saving 10% of the carbon emissions of these homes. This equates to 1.2 tons avoided per household and 72 annual tons per year. Including the lifetime savings of these improvements brings the customer cost to approximately $400 per ton carbon avoided. The improvements are also providing utility bill savings, comfort improvements and health and safety benefits. Because the loans are paid back to Utilities with interest by customers, the cost to Utilities from the HELP program is low to negligible. Program Development and Characteristics The OBF program was developed collaboratively by Utilities, City Finance, and the City Attorney’s Office with assistance from the consulting firm Harcourt, Brown and Carey. The program was modeled after successful programs and is most succinctly described as a traditional loan program which is serviced by Utilities on customer’s monthly bills. Customers qualify based on their bill payment history and credit score, eligible projects are defined by Utilities incentive programs, and the loans are secured via a UCC lien filing recorded with Larimer County. The City Code changes adopted by Council in 2012 and 2015 authorize Utilities to provide financing services to meet the program deliverables. A key element of the program is that the loan payments are treate d like any other element of a customer’s bill (e.g., electricity, water, wastewater and stormwater). With such treatment, loan payments are not differentiated from other services. Utilities normal and customary practices for non- payment apply, up to and including service disconnection. Utilities also has established rights under Section 26-718 of the City Code for collection of any past due amounts at a property time of sale, known as a “perpetual lien”. The program uses pre-existing standard capabilities of the Utilities billing system. Customer qualification and loan closing services are provided in partnership with a third party financial partner, EnergySmart Partners LLC. EnergySmart Partners is a subsidiary of the non-profit Funding Partners, a local Fort Collins Community Development Financial Institution. The interest rate range is defined in Utilities’ annual residential rate ordinances. The City Finance Department developed a set of rules and regulations for administrative implementation of the OBF program. The OBF capital comes from Light & Power and Water reserve funds, determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to 5.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4421 : SR 058 On-Bill Financing Interest Rates) ATTACHMENT 1 Item # 9 Page 4 accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Loan Activity and Information • As of April 19, 2016, total outstanding balance was $587k, with $249k preapproved (see chart below). • Based on end of 2015 data, the annual repayment amount would be approximately $50k annually and the dollar weighted average term is 12.4 years. Median term is 10 years. • Average loan amount is $8,500. • Approximately $110k has been repaid (or paid off) plus a modest amount of interest income has been collected since the program started. • 98% of the outstanding program loan balance has come from the Light & Power fund. 5.1 Packet Pg. 53 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4421 : SR 058 On-Bill Financing Interest Rates) ATTACHMENT 1 Item # 9 Page 5 Current Loan Program Characteristics Attribute Notes Interest Rates Allowable range from 2.5-10% per proposed rate ordinance 2015 rate at 2.5% per direction from Council Customer qualification Minimum six months bill payment history Credit score minimum of 640 Fees Fees are cost based for services current fees of $25 for application, $150 for closing, $11 for recording Recording UCC filing recorded with Larimer County Loan term 5, 7, 10, 15, or 20 years Selected by applicant Customer eligibility Residential single family and townhome properties, small business customers (by owner), Rental properties (by owner) CITY FINANCIAL IMPACTS Clarifying the interest rate in City Code does not impact the Utilities budget, as the funds are not appropriated or expended. If all remaining funds are loaned out, the resulting increase in the interest rate would increase utility revenues by approximately $9,000 annually. BOARD / COMMISSION RECOMMENDATION At its February 22, 2016, meeting, the Council Finance Committee discussed this topic and recommended it be brought forward for full Council consideration. PUBLIC OUTREACH Utilities modified the information on all web resources for the program, indicating that an interest rate change is under consideration. Staff also informed participating contractors and the program administrator about the pending change to seek feedback. A number of contractors and the administrator responded with the general consensus that lower interest rates are better, but that the proposed increase to 4% was not generally a concern. The ordinance language herein was originally included in the April 5 ordinance. Prior to the meeting, the City Attorney’s Office determined that the Code revisions needed to go through the formal public notification process. The April 5 ordinance was amended to separate the code changes from the increase in loan balance limit. This ordinance brings back the Code revisions and the formal public notification process will be complete prior to Second Reading, scheduled for May 17. That process includes postcards to out-of-City customers and published notice in the Coloradoan newspaper. ATTACHMENTS 1. Council Finance Committee minutes, February 22, 2016 (PDF) 5.1 Packet Pg. 54 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4421 : SR 058 On-Bill Financing Interest Rates) -1- ORDINANCE NO. 058, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY ON-BILL UTILITY FINANCING TERMS WHEREAS, the Home Efficiency Loan Program (also known as On-Bill Utility Financing) (HELP) was established by Ordinance No. 033, 2012, which amended Chapter 26 of the City Code to enable Fort Collins Utilities to offer financing and on-bill servicing of customer loans for energy efficiency, water efficiency and renewable energy upgrade projects; and WHEREAS, HELP provides low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements, in support of Utilities’ efficiency and conservation efforts, and policy goals from Plan Fort Collins, the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, HELP has been a valuable addition to the City’s efficiency and renewable energy programs, which foster sustainability through reduced energy and water use, local contractor education and investment in the built environment, and improved home comfort, health and safety; and WHEREAS, on February 17, 2015, City Council adopted Ordinance No. 012, 2015, which expanded eligibility for HELP to business utility customers, set the term for new loans at 20 years, and set a range of loan interest rates to be applied pursuant to procedures and standards adopted by the Financial Officer under Section 26-720 of the City Code; and WHEREAS, on February 22, 2016, the Council Finance Committee expressed support for staff’s additional recommendation that HELP be managed as an ongoing revolving loan fund, where repaid loan capital is returned to and available for re-issuance through HELP; and WHEREAS, on April 19, 2016, City Council adopted Ordinance No. 035, 2016, which increased the allocated outstanding balance limit for HELP to $1,600,000, to meet increasing demand on the program from recent community initiatives; and WHEREAS, staff has identified clarifying language needed in Chapter 26 of the City Code to better express restrictions set by Ordinance No. 012, 2015 on the interest rate range for HELP loans, and to set the interest rate on program loans issued on or after June 1, 2016; and WHEREAS, the City Council has determined it is desirable to clarify in the City Code the approved interest rate range for new HELP loans and provide flexibility in the administration of those loans, in furtherance of the benefits available to ratepayers through the program; and WHEREAS, Article XII of the City Charter authorizes City Council to expend net operating revenues of the City’s utilities for renewal, replacement, extraordinary repair, extension, improvement, enlargement, and betterment of such utilities, or other specific utility purposes determined by Council to be beneficial to the ratepayers of said utilities; and 5.2 Packet Pg. 55 Attachment: Ordinance No. 058, 2016 (4421 : SR 058 On-Bill Financing Interest Rates) -2- WHEREAS, Section 26-720 of the City Code authorizes the Financial Officer to formulate and promulgate rules and regulations for the administration of Chapter 26 with respect to credit and lending standards and rates and administrative practices for utility loan programs, which shall include renewable energy development and utility loan programs. 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, for the reasons stated above, the City Council hereby finds and determines that the Home Efficiency Loan Program (also known as On-Bill Utility Financing) as described herein will be for the betterment of the affected Utilities, and will be beneficial to the ratepayers of those Utilities and serve specific public purposes related to energy and water conservation and efficiency. Section 3. That Sec. 26-129(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. Schedule D, miscellaneous fees and charges. . . . (f) The interest rate for water service-related loans shall be no less than two and five tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum to be reflected in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. Section 4. That Sec. 26-289(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. Miscellaneous fees and charges. . . . . . . (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 issued on or after June 1, 2016 being four percent (4.0%), per annum, to be reflected in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. 5.2 Packet Pg. 56 Attachment: Ordinance No. 058, 2016 (4421 : SR 058 On-Bill Financing Interest Rates) -3- . . . Section 5. That Section 26-464(q) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (q) Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 6. That Section 26-465(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 7. That Section 26-466(s) of the Code of the City of Fort Collins is hereby amended to read as follows: 5.2 Packet Pg. 57 Attachment: Ordinance No. 058, 2016 (4421 : SR 058 On-Bill Financing Interest Rates) -4- Sec. 26-466. General service, schedule GS. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 8. That Section 26-467(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service- related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 9. That Section 26-712(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-712. Miscellaneous fees and charges. . . . 5.2 Packet Pg. 58 Attachment: Ordinance No. 058, 2016 (4421 : SR 058 On-Bill Financing Interest Rates) -5- (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount … Interest rate for utility service-related loans: 2.5% - 10% per annum; to be set annually for new loans, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be reflected in the administrative rules and regulations adopted by of the Financial Officer pursuant to § 26-720 . . . Other miscellaneous charges will be based on direct cost plus fifteen (15) percent indirect costs. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 59 Attachment: Ordinance No. 058, 2016 (4421 : SR 058 On-Bill Financing Interest Rates) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Craig Kisling, Landscape Architect SUBJECT Items Relating to the Southeast Community Park. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. Second Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. These Ordinances, adopted unanimously on First Reading, on May 3, 2015, declares certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and authorizes the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park . Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins- Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. Ordinance No. 059, 2016 (PDF) 3. Ordinance No. 060, 2016 (PDF) 6 Packet Pg. 60 ATTACHMENT 1 Item # 10 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Lindsay Kuntz, Real Estate Specialist Craig Kisling, Landscape Architect SUBJECT Items Relating to the Southeast Community Park. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. The purpose of this item is to declare certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and to authorize the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The City property was conveyed by Poudre School District to the City in 2002 for future park purposes. The park will be the seventh community park in Fort Collins and will feature creative play areas, trails, gardens, and natural features. Construction of the park will begin in the spring of 2016 and is anticipated to be open by summer 2017. More information about the design for the park can be found on the Southeast Community Park website: <http://www.fcgov.com/parkplanning/southeast.php>. As part of the development process for the park, the City needs to establish an easement and rights of way on the City property: • Road Right of Way-Portions of the City property along Ziegler Road, Kechter Road, and Lady Moon Drive will need to be designated as road right-of-way in accordance with the Larimer County Urban Area Street Standards and the City Master Street Plan. 6.1 Packet Pg. 61 Attachment: Agenda Item Summary, May 3, 2016 (w/o attachments) (4437 : SR 59-60 SECP ROW and Easements) ATTACHMENT 1 Item # 10 Page 2 • Fire Hydrant Waterline Easement-The City property lies within the Fort Collins-Loveland Water District and will need water service from the District for a fire hydrant and restroom. The City needs to convey a waterline easement to the District to install a waterline connection from Kechter Road to the fire hydrant location within the park. The City will then install a connection from the fire hydrant leading to the restroom. In addition to the fire hydrant waterline easement needed for the park, the District needs to install a 24-inch waterline running north and south along Ziegler Road to provide water service to customers in the surrounding region. As such, the District has requested an easement from the City and has agreed to coordinate the waterline installation with the park construction to avoid disturbance of the newly planned park improvements. CITY FINANCIAL IMPACTS In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. In this case, the in-kind benefits to the City from the transaction exceed the fair market value of the easements, which is estimated to be $15,050. The conveyance of the waterline easements to the District will provide required service to the park and provide water service for other future development in the area, which may include additional City facilities. The District will also waive the cost of a second water tap and sewer fee for a second restroom at the Park if the City does not charge for the easements, which will save the City approximately $92,000. The construction coordination between the two entities will also result in overall cost savings to the City due to having the same contractor perform the work for both the park and the waterline, as well as, having the waterline installed now preventing future disturbance to the park infrastructure and closure of the main entrance. Given the overall benefits to the City, staff proposes the easements to the District be conveyed at no additional cost. PUBLIC OUTREACH Several community meetings and open houses have been hosted by City staff for the planned park. More information on these meetings can be found on the Southeast Community Park website: <http://www.fcgov.com/parkplanning/southeast.php> ATTACHMENTS 1. Location map (PDF) 2. Right-of-way and Easement detail (PDF) 3. Concept Picture (PDF) 4. Sustainability Assessment Summary and Tool (PDF) 6.1 Packet Pg. 62 Attachment: Agenda Item Summary, May 3, 2016 (w/o attachments) (4437 : SR 59-60 SECP ROW and Easements) -1- ORDINANCE NO. 059, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT THE SOUTHEAST COMMUNITY PARK SITE AS ROAD RIGHT-OF-WAY WHEREAS, the City owns A 54-acre parcel of property located at the northeast corner of Kechter Road and Ziegler Road (the “Property”), which the City plans to develop as the new Southeast Community Park (the “Park”); and WHEREAS, in order to meet the requirements of the Larimer County Urban Area Street Standards and the City Master Street Plan when developing the Park, portions of the Property will have to be used as additional public right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive; and WHEREAS, the portions of the Property to be designated as right-of-way are more specifically described on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, in order to establish a public record that this portion of the Property is intended for use by the City as right-of-way for a public roadway and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, staff recommends that the City Council declare such property to be right-of-way; and WHEREAS, converting property owned by the City in fee simple to right-of-way constitutes a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111(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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby declares that the real property described on Exhibit “A” shall constitute right-of-way for City streets and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interests of the City. 6.2 Packet Pg. 63 Attachment: Ordinance No. 059, 2016 (4437 : SR 59-60 SECP ROW and Easements) -2- Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes effective in accordance with Article II Section 7 of the City Charter. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 64 Attachment: Ordinance No. 059, 2016 (4437 : SR 59-60 SECP ROW and Easements) EXHIBIT A 6.2 Packet Pg. 65 Attachment: Ordinance No. 059, 2016 (4437 : SR 59-60 SECP ROW and Easements) 6.2 Packet Pg. 66 Attachment: Ordinance No. 059, 2016 (4437 : SR 59-60 SECP ROW and Easements) 6.2 Packet Pg. 67 Attachment: Ordinance No. 059, 2016 (4437 : SR 59-60 SECP ROW and Easements) -1- ORDINANCE NO. 060, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS ON CITY PROPERTY TO THE FORT COLLINS-LOVELAND WATER DISTRICT WHEREAS, the City is the owner of 54 acres of land located at the northeast corner of Kechter Road and Ziegler Road in Fort Collins (the “Property”); and WHEREAS, the Property was acquired from Poudre School District in 2002 as the site for a Southeast Community Park (the “Park”), which the City expects to start constructing in 2016; and WHEREAS, the Property is located in the Fort Collins-Loveland Water District (the “District”), and the City has petitioned for inclusion in the District so that the City can get water service for the Park from the District; and WHERAS, in order to get water service on the Property, the City will have to grant the District an easement for a waterline to serve the Park; and WHEREAS, the proposed waterline easement for the Park is described on Exhibit “A”, attached and incorporated herein by reference (the “Park Waterline Easement”); and WHEREAS, the District has requested an additional easement across the Property for installation of a 24-inch waterline to serve other property owners within the District; and WHEREAS, the proposed easement for the 24-inch waterline is described on Exhibit “B”, attached and incorporated herein by reference (the “District Waterline Easement”); and WHEREAS, the approximate fair market value of the Easements is $15,050; and WHEREAS, staff is recommending that the City not charge the District for the Easements because the benefits to the City exceed the fair market value, including the following: The Park Waterline Easement is for the benefit of the City as it will provide water service to the Park; In exchange for the City not charging the District for the District Waterline Easement, the District will not charge the City an extra tap fee and sewer fee for a second restroom, saving the City approximately $92,000 in costs for development of the Park; The District has agreed to coordinate installation of the 24-inch waterline with the development of the Park preventing future disturbance to Park infrastructure; and The 24-inch waterline will serve future residential and commercial development, and possibly future City facilities, in the southeast part of the City; 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 6.3 Packet Pg. 68 Attachment: Ordinance No. 060, 2016 (4437 : SR 59-60 SECP ROW and Easements) -2- 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 City’s conveyance of the Easements to the District as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the District 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 descriptions of the Easements, 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 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.3 Packet Pg. 69 Attachment: Ordinance No. 060, 2016 (4437 : SR 59-60 SECP ROW and Easements) (;+,%,7% % Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director SUBJECT First Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natur al Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming not Included in the 2016 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Funding for the Natural Areas Department (NAD) for purposes other than capital projects, lapses each year if not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used. Of the total appropriation, $7,180,000 will be used for land conservation. Over $5M land and water acquis itions are under negotiation; there is a reasonable likelihood that most of these funds will be spent in 2016. In addition to prior year reserves and unspent 2015 appropriations, the Natural Areas Department received $1,769,719 in unanticipated revenues; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2016 adopted City Budget. The funds for the Natural Areas Department come from the following designated sources of revenue, including: the City - Open Space Yes! ¼ Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax revenues, easements, leases or grants. The prior year reserve funds being appropriated in this Ordinance are more specifically described: $7,828,381 Unspent 2015 Budgeted Funds - reappropriated for same purpose $1,769,719 Unanticipated Revenues & Unspent Funds $9,598,100 Prior Year 2015 Reserves The anticipated use of these funds is as follows: 7 Packet Pg. 70 Agenda Item 7 Item # 7 Page 2 Land Conservation $7,180,000 will fund land conservation efforts per the Natural Areas Master Plan. Education $43,000 will fund unanticipated department needs:  maintain the newly developed NatureTracker web-based registration and volunteer coordination software  new interpretive signs at Soapstone Natural Area (NA)  new interpretive signs at Bobcat Ridge NA. Resource Management $1,153,100 in unspent 2015 funds will fund:  the completion of the restoration of the Shields Pit, POE Pit and Rigden Reservoir along the Poudre River  the new restoration and restoration maintenance  the purchase of a used grasslands fire truck to improve staff’s ability to conduct prescribed burns. Public Improvements $1,079,000 will fund:  $350,000 in paved trails constructed by Parks  ADA parking and trail improvements at Arapaho Bend-Strauss NA trailhead  ADA parking and trail improvements at Riverbend Ponds NA-Cherly Street trailhead  ADA trail improvements, ADA fishing access improvements and vault toilet at North Shields Ponds NA (partially funded by a Fishing is Fun grant)  fencing at new natural area along Spring Creek  crusher fines trail rehabilitation at Bobcat Ridge NA (fully funded by a Pulliam Charitable Trust Grant)  drainage improvements around historic structures at Bobcat Ridge  Powerline Trail repairs at Bobcat Ridge  new trail and bridges at the new natural area at the Evergreen West Pond NA  canoe/kayak slide and trail improvement at Pineridge NA  road and parking lot maintenance at Soapstone NA  trail counters for foothills natural areas  construction of an access road to the newly purchased Legacy and Williams parcels  McMurry bridge repairs and new railing  a used tandem dump truck. Land Management $143,000 will fund:  administrative costs  grazing fencing projects at Soapstone NA and urban sites  water augmentation for Topminnow NA  bird survey at Soapstone and Bobcat to monitor grazing results  two summer interns for wildlife monitoring projects at Soapstone  a utility off trail vehicle for Soapstone. 7 Packet Pg. 71 Agenda Item 7 Item # 7 Page 3 CITY FINANCIAL IMPACTS The Ordinance increases 2016 appropriations in the City’s Natural Areas Fund by $9,598,100. The requested appropriation of $9,598,100 in the Natural Areas Fund represents 2015 appropriations that were unspent and unencumbered at year-end 2015 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board voted unanim ously, at its regular meeting on April 20, 2016, recommending that City Council approve the appropriation. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, April 20, 2016 (PDF) 7 Packet Pg. 72 Excerpt: Land Conservation & Stewardship Board – April 20, 2016 Meeting Minutes Re: 2016 Natural Areas Appropriation Ordinance Mark Sears, Natural Areas Manager made a brief presentation regarding the appropriation of unspent 2015 funds and unanticipated 2015 revenues. The board asked a few clarifying questions and had a brief discussion prior to approving the motion. Kelly Ohlson made a motion that City Council approve an Ordinance appropriating $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of providing Natural Areas programming not included in the 2016 adopted City Budget. David Tweedale seconded the motion. The motion was unanimously approved ATTACHMENT 1 7.1 Packet Pg. 73 Attachment: Land Conservation and Stewardship Board minutes, April 20, 2016 (4415 : Natural Areas - Appropriation) -1- ORDINANCE NO. 061, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND FOR THE PURPOSE OF LAND CONSERVATION, PUBLIC IMPROVEMENTS AND RELATED NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2016 ADOPTED CITY BUDGET WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of City Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff recommends appropriating from prior year reserves in the Natural Areas Fund $9,598,100, comprised of $7,828,381 in unspent and unencumbered appropriations from 2015 and $1,769,719 in unanticipated revenue and prior year reserves, to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens 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. Packet Pg. 74 -2- Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Natural Areas Fund the sum of NINE MILLION FIVE HUNDRED NINETY EIGHT THOUSAND ONE HUNDRED DOLLARS ($9,598,100) to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 75 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Sharon Thomas, CDBG/HOME Program Administrator SUBJECT Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Huma n Services Program (HSP). EXECUTIVE SUMMARY A. Public Hearing and Resolution 2016-040, Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, and the City’s Affordable Housing Fund and Human Services Program. B. First Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. First Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. The purpose of this item is to approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Resolution 2016-040 completes the 2016 spring cycle of the Competitive Process for allocating $2,670,034 in City financial resources to affordable housing projects, public service programs and administration of the programs. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading. BACKGROUND / DISCUSSION Resolution 2016-XXX, establishes which programs and projects will receive funding with CDBG, HOME, AHF and HSP funds for the FY2016 program year that begins October 1, 2016. AHF and HSP funds are allocated from the General Fund (GF) and Keep Fort Collins Great (KFCG). In 2016 the total available dollar amount is $3,623,535. The following table shows available dollars in each funding category: FY2016 Funding Categories Funding Source Amount FY2016 Housing $2,501,907 FY2016 Public (Human) Service $809,857 FY 2016 Planning and Administration $311,771 8 Packet Pg. 76 Agenda Item 8 Item # 8 Page 2 Total $3,623,535 Available CDBG money for FY2016 is $1,491,713. Unprogrammed funds represent previously committed funds that are available for re-allocation in the housing category only. Program income includes repayments from loans issued for rehabilitation, homebuyer assistance, acquisition and development . HUD regulations allow a maximum of 20% of CDBG Entitlement grant and current year (FY2015) Uncommitted Program Income funds to be used for CDBG planning and program administration. This equals $189,977 of Entitlement and $36,968 of Uncommitted funds, for a total of $226,945. The maximum limit allowed by HUD regulations in the Public (Human) Service category for the CDBG Entitlement grant and current year CDBG Program Income is 15%. Allowable CDBG funds in this category total $170,209: $142,483 from the CDBG Entitlement grant and $27,726 from CDBG FY2015 Program Income. The following table provides a summary of 2016 CDBG funding sources: FY2016 CDBG Funding Sources Funding Source Amount FY2016 CDBG Entitlement (EN) Grant $949,887 FY2015 CDBG Unprogrammed $286,393 FY2014 CDBG Unprogrammed $3,684 FY2015 CDBG Program Income Uncommitted EN $184,845 FY2014 CDBG Program Income Uncommitted EN $66,904 Total $1,491,713 The City’s contribution to Public (Human) Service category is $639,648. The followin g table provides a summary of 2016 HSP funding sources: FY2016 HSP Funding Sources Funding SourceAmount FY2016 HSP GF $389,601 FY2016 HSP KFCG $250,047 Total $639,648 In January of 2015 City Council approved allocating HOME and AHF funds in the spri ng cycle of the Competitive Process rather than holding them for allocation in the fall (Resolution 2015 -009). Therefore, all funds are available for allocation during the spring cycle of the Competitive Process. 8 Packet Pg. 77 Agenda Item 8 Item # 8 Page 3 Total HOME money for FY2016 is $967,127. HUD regulations allow a maximum of 10% of the HOME Grant ($53,967) and HOME FY2015 Program Income ($30,859) for a total of $84,826, to be used for HOME program administrative purposes. HUD regulations also require a 15% set-aside of the HOME Grant, $80,952 and the current year HOME Program Income, $77,923, for Community Housing Development Organizations (CHDOs). Fort Collins currently has one CHDO, Habitat for Humanity. The following table summarizes the 2016 HOME funding sources: FY2016 HOME Funding Sources Funding Source Amount FY2016 HOME PJ Grant $539,676 FY2015 HOME Program Income $308,747 FY2014 HOME Program Income $118,704 Total $967,127 The City’s contribution to the housing category is $525,047. The following table summarizes the 2016 A HF funding sources: FY2016 AHF Funding Sources Funding SourceAmount FY2016 AHF GF $325,047 FY2016 AHF KFCG $200,000 Total $525,047 The following table summarizes the total funding amount and sources of all available CDBG, HOME, HSP and AHF funds for distribution during the 2016 spring cycle of the Competitive Process and how the funding is distributed among the three categories: Available Funding for FY2016 Funding Source Funding Amount Administration CDBG Grant (Maximum of 20% of CDBG Grant) Administration HOME Grant (Maximum of 10% of HOME Grant) Public Service (Maximum of 15% of CDBG Grant) Housing FY2016 CDBG Grant $949,887 $189,977 $0 $142,483 $617,427 FY2015 CDBG Unprogrammed $286,393 $0 $0 $0 $286,393 FY2014 CDBG Unprogrammed $3,684 $0 $0 $0 $3,684 FY2015 CDBG PI Uncommitted $184,845 $36,968 $0 $27,726 $120,151 FY2014 CDBG PI Uncommitted $66,904 $0 $0 $0 $66,904 FY2016 HSP $389,601 $0 $0 $389,601 $0 FY2016 HSP KFCG $250,047 $0 $0 $250,047 $0 FY2016 HOME Grant $539,676 $0 $53,967 $0 $485,709 FY2015 HOME PI $308,747 $0 $30,859 $0 $277,888 FY2014 HOME PI $118,704 $0 $0 $0 $118,704 FY2016 AHF $325,047 $0 $0 $ $325,047 8 Packet Pg. 78 Agenda Item 8 Item # 8 Page 4 FY2016 AHF KFCG $200,000 $0 $0 $0 $200,000 Total Available Funding $3,623,535 $226,945 $84,826 $809,857 $2,501,9 07 The City received 42 housing and public service applications totaling $3,958,263. In the housing category, 5 proposals were received totaling $2,505,000. The Fort Collins Housing Authority withdrew their proposal for $1,600,000 prior to the funding deliberations meeting, leaving 4 applications with requests of $905,000. An excess of $1,596,907 of housing dollars is available for allocation in the 2016 fall cycle of the Competitive Process. In the Public Service category 37 applications were received tota ling $1,453,263. There is a shortage in public service dollars of $643,406. Staff requested $311,771 of CDBG and HOME dollars for program administration. The following table summarizes the amount of funding requests compared to the amount of funding available for each of the categories: FY2016 Funding Requests by Category Category Number of Applications Available Funding Requested Funding Available - Request Difference Administration - CDBG * $226,945 $226,945 $0 Administration - HOME * $84,826 $84,826 $0 Housing 4 $2,501,907 $905,000 $1,596,907 Public (Human) Services 37 $809,857 $1,453,263 -$643,406 Totals 41 $3,623,535 $2,670,034 $953,501 CITY FINANCIAL IMPACTS The CDBG and HOME programs provide federal funds from HUD to the City of Fort Collins which can be allocated to housing and community development related programs and projects and administration of the funds, thereby, reducing the demand on the City’s General Fund budget to address such needs. In FY2016, the total amount of federal funds available for allocation is $2,458,840 and the City’s contribution is $1,164,695. These dollars allow applicants to leverage other funding sources to provide needed services in our community. Through the provision of affordable housing, more of Fort Co llins’ work force can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. Public (human) service programs contribute to economic sustainability and homelessnes s prevention by providing such programs as education, childcare, rent assistance and housing counseling, so workers can maintain their employment and housing. By providing funding to these programs for needed upgrades to their facilities or for partial purchase of service locations, the agencies are better able to utilize other available funds to serve their clients. BOARD / COMMISSION RECOMMENDATION The CDBG Commission recommends adoption of their funding recommendations made on April 14, 2016. The Commission read all applications, watched presentations by each applicant, and asked clarifying questions. In addition, they reviewed the priority rankings of the Affordable Housing Board and the goals of the Affordable Housing Strategic Plan. In the Public Service category they considered the theme areas of the Social Sustainability Strategic Plan. The following tables present the allocations recommended by the Commission to City Council within each major category: 8 Packet Pg. 79 Agenda Item 8 Item # 8 Page 5 Planning and Administration Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning $226,945 $226,945 $0 100% City of Fort Collins: HOME Administration/Planning $84,826 $84,826 $0 100% Administration/Planning Total $311,771 311,771 $0 100% With enough funding dollars in the Housing category, and with good proposals submitted, the CDBG Commission is recommending full funding for all four housing proposals. Those recommendati ons are listed in the table below: Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Habitat for Humanity: Harmony Cottages $480,000 $480,000 $0 100% Hendricks Communities: Northern Hotel $250,000 $250,000 $0 100% Loveland Housing Development Corp.: Larimer Home Improvement Program $150,000 $150,000 $0 100% Neighbor to Neighbor: Aztec Siding Repair and Paint $25,000 $25,000 $0 100% Housing Total $905,000 $905,000 $0 In the Public (Human) Service category 37 proposals were received and 32 are being recommended for funding, ranging from 24% to 100%. Five proposals are not being recommended for funding. There is a funding gap of $643,406. Those recommendations are listed in the table below: Public Service Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education $20,000 $4,836 $15,164 24% B.A.S.E. Camp: Childcare Scholarships $70,000 $49,000 $21,000 70% Boys & Girls Clubs of Larimer County: Great Futures Start Here $46,761 $23,000 $23,761 49% CASA Program: Court Appointed Special Advocates $30,661 $12,000 $18,661 39% CASA Program: Harmony House Supervised Visitation $30,377 $15,000 $15,377 49% Catholic Charities: Senior Services $31,440 $15,000 $16,440 48% Catholic Charities: The Mission Shelter $66,129 $30,000 $36,129 45% ChildSafe Colorado: Sexual Abuse Treatment Program $50,000 $35,000 $15,000 70% Colorado Health Network : Northern Colorado AIDS Project (NCAP) $10,000 $6,000 $4,000 60% CARE Housing: Healthy Minds and $53,480 $0 $53,480 0% 8 Packet Pg. 80 Agenda Item 8 Item # 8 Page 6 Bodies Program Crossroads Safehouse: Advocacy Project $68,502 $39,010 $29,492 57% Disabled Resource Services: Access to Independence $29,836 $25,000 $4,836 84% Elderhaus Adult Day Program: Community Based Therapeutic Care $56,000 $38,500 $17,500 69% Ensight Skills Center: Low Vision Program $15,000 $0 $15,000 0% Food Bank for Larimer County: Kids Café $30,000 $23,500 $6,500 78% Health District of Northern Larimer County: Dental Connections $33,450 $18,500 $14,950 55% Homeless Gear: Murphy Center Support $56,000 $30,000 $26,000 54% Homeless Gear: Program Support $30,000 $30,000 $0 100% Homelessness Prevention Initiative: Emergency Rental Assistance $40,500 $0 $40,500 0% Voices Carry (formerly Larimer County) Child Advocacy Center: Victim Services $25,000 $22,000 $3,000 88% The Matthews House: Education and Employment Center $30,000 $12,000 $18,000 40% The Matthews House: Empowering Youth Program $36,000 $20,000 $16,000 56% Neighbor to Neighbor: Housing Counseling $60,000 $32,500 $27,500 54% Neighbor to Neighbor: Rent Assistance $40,000 $39,011 $989 98% Project Self-Sufficiency: Services for Single-Parent Families $35,000 $30,000 $5,000 86% Rehabilitation and Visiting Nurse Association: Home Health Care Scholarships $35,000 $25,000 $10,000 71% Respite Care Inc.: Childcare Scholarships $35,000 $30,000 $5,000 86% SAVA Center: Sexual Assault Victim Services $50,000 $22,000 $28,000 44% SummitStone Health Partners: Community Behavioral Health Treatment Program $68,010 $25,000 $43,010 37% SummitStone Health Partners: Mental Health Services at the Murphy Center $26,117 $18,000 $8,117 69% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $48,500 $11,500 81% Team Wellness and Prevention (Formerly Team Fort Collins): Define Youth $50,000 $0 $50,000 0% The ARC of Larimer County: Families in Action $10,000 $0 $10,000 0% The Center for Family Outreach: Low- Income Youth Scholarship Program $15,000 $8,000 $7,000 53% The Family Center/La Familia: Scholarship Program $50,000 $40,000 $10,000 80% 8 Packet Pg. 81 Agenda Item 8 Item # 8 Page 7 Turning Point Center for Youth and Family Development: Crisis Intervention Services $25,000 $12,500 $12,500 50% Volunteers of America: Home Delivered Meal Service $35,000 $31,000 $4,000 89% Public Service Total $1,453,263 $809,857 $643,406 56% A summary of the funding recommendations by category is presented in the following table: Funding Recommendations by Category Category Recommended Funding % of Total CDBG and HOME Program Administration $311,771 15% Housing $905,000 45% Public Service $809,857 40% Total $2,026,568 100% Justifications for the CDBG Commission’s recommendations can be found in April 14, 2016, not yet approved meeting minutes (Attachment 1). PUBLIC OUTREACH Applicants had the opportunity to make presentations to the CDBG Commission on four evenings in March, 2016 and held a meeting on April 14, 2016 to deliberate the proposals and make funding recommendations. All meetings were open to the public and added to the City calendar. HUD regulations require a 30-day public comment period on the proposed allocation of CDBG and HOME funds. Staff placed an ad in the Coloradoan newspaper on April 17, 2016 presenting the list of recommended funding for programs/projects and indicated the public comment period would start on April 18, 2016, and end on May 17, 2016. The public notice of funding recommendations was placed on the Social Sustainability Department’s website. It was also distributed to 12 entities serving a majority of clients in legally protected classes-including those in a racial/ethnic minority, those with a disability, or female heads of households -or serving those community members who might otherwise have barriers to public participation in the City’s civic engagement processes. To date no public comments have been received. ATTACHMENTS 1. CDBG Commission Deliberations April 14 2016 Draft(PDF) 2. Background and Summary of CDBG Recommendations (PDF) 3. Background on the Competitive Process (PDF) 4. CDBG and HOME Background Information (PDF) 5. CDBG Ranking Comments (PDF) 8 Packet Pg. 82 1 Attachment 1 COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION FUNDING DELIBERATIONS DRAFT 300 Laporte Ave, Fort Collins April 14, 2016 6:00 P.M. COMMISSION MEMBERS PRESENT: Holly Carroll (Chair) Margaret Long (Vice Chair) Amy Dondale Steve Backsen Anita Basham Taylor Dunn Annette Zacharias COMMISSION MEMBERS ABSENT: Deb Westcott (medical leave) STAFF PRESENT: Sharon Thomas, Janet Freeman, Beth Sowder, Beth Rosen OTHERS PRESENT: Tina Hopkins-Dukes, Minute Taker About 25 applicants and community members The meeting was called to order by Chair, Holly Carroll at 6:00 p.m. with a quorum present. The purpose of the meeting was to allocate funds requested during the 201 6 Spring cycle of the Competitive Process. The Commission deliberated funding for four housing requests and 37 public service requests. HOUSING HO-2 Habitat for Humanity: Harmony Cottages - $480,000 requested Anita Basham made a motion to fully fund this program in the amount of $480,000. Taylor Dunn seconded. Basham said this is top priority in the strategic plan and will provide 12 single family homes for our housing stock. Dunn agreed. The motion to fund HO-2 at $480,000 passed unanimously. 8.1 Packet Pg. 83 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 2 HO-3 Hendricks Communities: Northern Hotel - $250,000 requested Dunn made a motion to fully fund this program in the amount of $250,000. Steve Backsen seconded. Dunn believes this is a great program and the mission of the Board is to keep and rehab senior housing in addition to affordable housing. The motion to fund HO-3 at $250,000 passed unanimously. HO-4 Loveland Housing Development Corp.: LHIP - $150,000 requested Anita Basham made a motion to fully fund this program in the amount of $150,000. Margaret Long seconded. Basham said this is rehab project maintaining homes and including some mobile homes. Long added that the cost for mobile home repairs are very costly. Holly Carroll commented that the homes are located in the City of Fort Collins. The motion to fund HO-4 at $150,000 passed unanimously. HO-5 N2N: Aztec Siding Repair and Paint - $25,000 requested Basham made a motion to fully fund HO-5 in the amount of $25,000. Backsen seconded. Basham said these are rehab units trying to keep our housing stock in place by rehabbing them. Backsen agreed and added that the residents should realize some savings in energy costs once this work is completed. The motion to fund HO-5 at $25,000 passed unanimously. Chair Carroll asked for a motion to approve the Housing matrix, so moved by Steve Backsen. Seconded by Long. The motion to approve the Housing matrix passed unanimously. PUBLIC SERVICE APPLICATIONS PS-37 Volunteers of America: Home Delivered Meals - $35,000 requested Long made a motion to fund PS-37 at $30,000. Dunn seconded. Long stated that this is a valuable organization that serves low income elders that are home bound and the agency does not charge participants. The program operates solely on donations. Dunn agreed. Backsen commented that the amount proposed was lower than the amount awarded last year. Carroll also commented that the organization does not receive federal funding either. Long corrected Carroll as the organization does get a small amount of funding from The Office on Ag ing. 8.1 Packet Pg. 84 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 3 Backsen made a friendly motion to increase the amount to $31,000. Annette Zacharias seconded the motion. Backsen said that this is a worthwhile program and that he would like to see an increase from what was allocated last year. Zacharias agreed and said with the increase in the senior population we should not decrease their funding. Long accepted the friendly amendment. The motion to fund PS-37 at $31,000 passed unanimously. PS-17 Homeless Gear: Murphy Center Support - $56,000 requested Dunn made a motion to fund PS-17 in the amount of $30,000. Zacharias seconded. Dunn mentioned that Homeless Gear took a risk when they stepped up to manage the Murphy Center and that homelessness is a problem in Fort Collins. Zacharias stated that the increas e in services provided by Homeless Gear merits an increase in funding. Long said that she was concerned with the amount proposed. She said with the increase in foot traffic she would like to see more funding. Dunn agreed with Long and said that he would like to increase funding for the programmatic area of this organization. The motion to fund PS-17 at $30,000 passed 6-0 with Long abstaining. PS-18 Homeless Gear: Program Support -$30,000 requested Basham made a motion to fund PS-18 at $17,500. Carroll seconded. Basham said that she chose that number based on their first and second priorities from their application. The amount would cover two priority staff positions. Carroll concurred in funding those two positions. Dunn said the amount was too low and that the organization has proven to be successful. Basham agreed with Dunn but was concerned about the limited amount of money available and the amount of requests that there is not enough money. Backsen agreed with Basham and Dunn and echoed what Basham said about not having the funds available. Zacharias made a friendly amendment to fully fund PS-18 at $30,000. Long seconded the motion. Basham did not accept the amendment. The original motion to fund PS-18 at $17,500 failed 3-4. PS-10 CARE Housing: Healthy Minds and Bodies Program - $53,480 requested Long made a motion to fund PS-10 at $0. Backsen seconded. Long said that this program has potential, however she suggested they begin as a pilot program to see if residents will avail themselves to this program. Backsen agreed and said that during the presentation things did not appear to be well thought out. 8.1 Packet Pg. 85 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 4 The motion to fund PS-10 at $0 passed unanimously. PS-24 Neighbor to Neighbor: Rent Assistance - $40,000 requested Dunn made a motion to fully fund PS-24 at $40,000. Long seconded. Dunn said that affordable housing is an issue and that this organization is best equipped to handle that. Long added ditto. Basham agrees but would like to decrease the amount to $38,250. Dunn said that the amount requested was an estimate so depending on the need they can use extra $1,2 50. The motion to fund PS-24 at $40,000 passed unanimously. PS-19 Homelessness Prevention Initiative: Emergency Rental Assistance - $40,500 requested Dunn made a motion to fund PS-19 at $10,000. Zacharias seconded. Dunn said he is concerned with the accountability of this organization but is not willing to completely turn his back on a resour ce that is so needed in Fort Collins. He wants to give them enough funding so we can see if their reporting improves and their organizational structure settles. Zacharias agreed that this organization is struggling but hopes to see some improvement. Long is struggling with the capacity of this organization to administer and build back up so she is not in favor. Zacharias said she wanted to be on record stating that this is a very difficult situation and wishes it were different. Backsen agreed that there are multiple concerns with this organization but referred to the term “kicking someone when they are down.” Backsen said he knows the organization is struggling but he would not be in favor of “putting the nail in the coffin.” The motion to fund PS-19 at $10,000 failed 2-5. PS-26 Rehabilitation & Visiting Nurse Association: Home Health Care Scholarships - $35,000 requested Basham made a motion to fund PS-26 at $35,000. Carroll seconded. Basham said this is the only agency in Larimer County that provides skilled home health care to people without insurance. They use a sliding scale fee. Carroll wanted to hear Basham’s reasoning. Backsen said the amount is $10,000 more than we gave them last year and that we cannot afford to do that amount. Backsen made a friendly amendment to fund RVNA at the same amount as last year $25,000. Long seconded. Basham accepted the motion. The motion to fund PS-26 at $25,000 passed unanimously. 8.1 Packet Pg. 86 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 5 PS-33 The ARC of Larimer County: Families in Action- $10,000 requested Dunn made a motion to fund PS-33 at $0. Long seconded. Dunn said they are doing great work but the camp does not fit the funding at this time. Long replied with ditto. Backsen commented that the organization had a great presentation but we are limited in our available funds. Basham agreed that it is a great program and that the money helps the parents more than the camp itself. It helps the parents understand that they are not alone in the struggle. The motion to fund PS-33 at $0 passed unanimously. PS-31 Teaching Tree Early Childhood Learning Center: Childcare Scholarships- $60,000 requested Zacharias made a motion to fund PS-31 at $50,000. Dunn seconded. Zacharias said we funded them at $47,500 last year. CCAP is getting harder to obtain so childcare a gencies are having to turn to scholarships to help offset the cost. This organization is one of very few that accepts CCAP for infants and they are a very important part of the childcare puzzle. Dunn agreed with ditto. The motion to fund PS-31 for $50,000 passed unanimously. PS-18 Homeless Gear: Program Support- $30,000 requested Dunn made a motion to fully fund PS-18 at $30,000. Zacharias seconded. Dunn said this program is dear to his heart. Zacharias said that the homeless situation is becoming more dyer with two deaths in the past few months so we need to turn to the experts in the field and this organization has proven themselves as capable to do that. The motion to fund PS-18 at $30,000 passed 5-2. PS-15 Food Bank for Larimer County: Kids Cafe - $30,000 requested Zacharias made a motion to fund PS-15 at $30,000. Amy Dondale seconded. Zacharias said last year we funded them for $23,500 and their numbers continue to increase so she would like to see a little more funding. Dondale agreed with Zacharias. Backsen made a friendly amendment to fund PS-15 at $23,500, the same as last year. Long seconded. Backsen stated that this is an important program and they have good visibility in the community . Since we are limited on funding he would like to at least stay the same as last year. Zacharias accepted the amendment. The motion to fund PS-15 at $23,500 passed unanimously. 8.1 Packet Pg. 87 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 6 PS-25 Project Self-Sufficiency: Services Single Parent Families - $35,000 requested Dunn made a motion to fund PS-25 at $30,000. Long seconded. Dunn stated that this is a great program and we should not shrink our support, staying the same shows continued support. Long agreed. Backsen made a friendly amendment to increase the amount to $32,000 since they are in alignment with the City in helping people become self -sufficient. Zacharias seconded. Dunn accepted the amendment. The motion to fund PS-25 for $32,000 passed 6-1. PS-32 Team Fort Collins: Define Youth - $50,000 requested Backsen made a motion to fund PS-32 at $0. Long seconded. Backsen said it seems there are other alternatives in terms of the services this program is attempting to provide and we do not have the money to fund them. Long agreed with ditto. Basham added that she would like to see them secure more funding from schools. The only funding they received was from Lesher Middle School for $4,000. She thinks they should do more to get the schools to put it on their budget t o support that program. Zacharias stated that there are other programs run by non-profits that are receiving $5,000-$10,000 for similar presentations and the schools have ways to help them find alternate funding besides the City funding. The motion to fund PS-32 at $0 passed unanimously. PS-21 Matthews House: Education and Employment Center - $30,000 requested Basham made a motion to fund PS-21 at $20,000. Zacharias seconded. Basham stated that it is important for this population of troubled youth to get education and training so they can get jobs. Zacharias seconded for the sake of discussion and added that this program is for the community at large and takes the place of ELTC which merged with Matthews Ho use last year. Basham said she believes they have improved the ELTC program and it has grown considerably. Backsen mentioned that we funded this organization at $10,000 last year so this would be double. Long made a friendly amendment to fund at $15,000. Carroll seconded. Long stated that there is a need for this program. This organization has done a good job of expanding and looking for other funding and they do great work. Basham accepted the amendment. The motion to fund PS-21 at $15,000 passed unanimously. 8.1 Packet Pg. 88 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 7 PS-35 The Family Center/La Familia: Childcare Scholarships - $50,000 requested Carroll made a motion to fund PS-35 at $40,000. Zacharias seconded. Carroll stated that childcare for families is a critical need and this organization provides scholarships for low income families. Zacharias said that it helps keep families working or allows the second parent to work. Backsen made a friendly amendment to increase funding to $42,000. Stating last year we gave them $40,000 and this is a high priority for the community and helps parents to be able to work and maintain self-sufficiency. Long seconded. Carroll accepted the amendment. Dunn mentioned that he was concerned with the $42,000 since we have more organizations to fund and will have to make cuts. The motion to fund PS-35 at $42,000 passed 6-1. PS-16 Health District of Northern Larimer County: Dental Connections - $33,450 requested Dunn made a motion to fund PS-16 at $10,000. Carroll seconded. Dunn said he understood the need for dental care is important but thought it was the middle -class that are being served and that he does not want to double the funding for one staff when we had it split for two staff last year. Carroll agreed and is also concerned about only having one staff. Carroll made a friendly motion to increase funding to $17,000 which is about one-fourth of the 50% salary they are requesting for the one staff. Long seconded. Zacharias stated that in their presentation it was actually the working poor not middle -class and the working poor are not receiving Medicaid to help pay dental expenses. Zacharias said that having two part time staff made for inconsistency. Dunn refused the friendly amendment. Basham asked for clarification regarding how the money will be used. She thought it would be used to pay the dentists as well as the single staff salary. Dunn said that the request is to fund 50% of th e Coordinator position. Zacharias mentioned that it is very difficult to find funders for oral health. Backsen stated that he was impressed with the list of dentists they have found to help with their program. He also mentioned that when a person has dental problems things begin to snowball and they have other issues to contend with as well. Backsen made a second friendly motion to fund the program at $15,000. Dunn seconded. The motion to fund PS-16 at $15,000 failed 2-5. 8.1 Packet Pg. 89 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 8 PS-2 B.A.S.E. Camp: Childcare Scholarships - $70,000 requested Zacharias made a motion to fund PS-2 for $50,000. Basham seconded. Zacharias said we gave them $49,000 last year and they continue to increase their clientele. They provide scholarships to low income families which supports the economic stability of the community. Basham agreed and mentioned they continue to add new sites. Carroll mentioned that these scholarships are also used for their summer program. The motion to fund PS-2 at $50,000 passed unanimously. PS-13 Elderhaus: Community Based Therapeutic Care - $56,000 requested Dunn made a motion to fund PS-13 at $38,000. Backsen seconded. Dunn said it is a great program and would like to give more but holding at the same as last year is almost as good as giving more. Backsen agreed and said this is the only organization providing this serv ice and the need is only going to increase. He would give more if we had it. Basham made a friendly amendment to fund their first priority at $39,600. Zacharias seconded. Dunn accepted. The motion to fund PS-13 at $39,600 passed 6-1. PS-12 Disabled Resource Services: Access to Independence - $29,836 requested Basham made a motion to fund PS-12 at $18,627. Dunn seconded for discussion. Basham stated this is a vulnerable population and in their presentation their priorities are to fund the first two positions and that adds up to $18,627. Long stated her concern is that this would be a reduction in funding and made a friendly amendment for $25,000. Zacharias seconded. Basham accepted the amendment. The motion to fund PS-12 at $25,000 passed unanimously. PS-20 Voices Carry (Formerly Larimer County) Child Advocacy Center: Victim’s Services - $25,000 requested Dunn made a motion to fund PS-20 at $22,000. Dondale seconded. Dunn said this gives them the same funding as last year and funds their first priority. This is a very vulnerable population and would like to keep their funding stable. Dondale agreed that she would like to see funding match last year . The motion to fund PS-20 at $22,000 passed unanimously. 8.1 Packet Pg. 90 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 9 PS -1 Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education - $20,000 requested Basham made a motion to fund PS-1 at $5,000. Backsen seconded. Basham said we funded them for $5,000 last year and would like to keep the same funding. The funding is for printing of brochures and she thinks this is a good program and the education needs to continue. She is concerned whether the population they are reaching meets our income requirements. Backsen said that they are reaching the low income population in their school presentations and that we funded them for $4 ,250 last year. Dunn made a friendly amendment to fund their first priority at $4,836 which will co ver the cost of printing. Carroll seconded. The motion to fund PS-1 at $4,836 passed unanimously. PS-28 Sexual Assault Victim Advocate Center: Sexual Assault Victim Services - $50,000 requested Dunn made a motion to fund PS-28 at $20,000. Zacharias seconded. Dunn said this is a vulnerable population and would like to keep them at the same level of funding they received last year. Zacharias agreed. Backsen agrees with Dunn and would like to increase the motion to $22,000. Carroll seconded. Dunn accepted the amendment stating that we are fully funding their number one priority. Backsen accepted the stipulation. The motion to fund PS-28 at $22,000 passed unanimously. PS-23 Neighbor to Neighbor: Housing Counseling - $60,000 requested Dunn made a motion to fund PS-23 at $35,000. Zacharias seconded. Dunn said that it is an increase in funding because this is a service that continues to grow in need and this organization is doing a great job. Zacharias said this is an answer to part of our a ffordable housing crisis. Basham mentioned that it also meets some of the goals of the strategic plan. The motion to fund PS-23 at $35,000 passed 6-1. PS-3 Boys & Girls Clubs of Larimer County: Great Futures Start Here - $46,761 requested Zacharias made a motion to fund PS-3 at $23,000, which is the same amount as last year. Backsen seconded. Zacharias said this organization does great work and wants to keep their funding steady . Backsen agreed and added they have high visibility in the community and may be able to fundraise or tap into other resources others cannot. 8.1 Packet Pg. 91 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 10 The motion to fund PS-3 at $23,000 passed unanimously. PS-5 CASA Program: Harmony House Supervised Visitation Center - $30,377 requested Long made a motion to fund PS-5 at $15,000. Zacharias seconded. Long said this is a good program and wants to keep funding the same as last year. She has concerns that Department of Human Services (DHS) is using this organization less which will potentially create budget problems for this program. Many of their clients are low income but are not associated with DHS and need the funding. Zacharias said they perform a unique critical service and does not want to decrease funding. Both stated they would like to give more. The motion to fund PS-5 at $15,000 passed unanimously. PS-6 Catholic Charities: Senior Services - $31,440 requested Dunn made a motion to fund PS-6 at $10,000. Basham seconded. Dunn said this is a crucial service and it is a drop in funding but he has confidence in their ability to fi nd alternate funding. Basham agreed and suggested they get additional funds from the Catholic Diocese of Colorado. Long stated that this organization has had to cut back on their services for lack of funding and suggested keeping the funding the same as last year which was $15,000. Long added that this is the only long-term low cost case management for low income seniors in town. Dunn offered a friendly amendment to fund priority two at $11,402. Dunn did not accept amendment. Backsen made a friendly amendment of $15,000. Zacharias seconded. Dunn refused the offer concerned with not having enough funds to allocate elsewhere. The motion to fund PS-6 at $10,000 failed 2-5. PS-7 Catholic Charities: The Mission Shelter - $66,129 requested Zacharias made a motion to fund PS-7 at $30,000. Backsen seconded. Zacharias noted that they are asking for more than they did last year but she stated there are other things afoot in the community that might help with this initiative so $30,000 will keep them stable. Backsen agreed that he would like to see funding stay the same. The motion to fund PS-7 at $30,000 passed unanimously. PS-8 ChildSafe Colorado: Sexual Abuse Treatment Program - $50,000 requested Backsen made a motion to fund PS-8 at $35,000. Dunn seconded. Backsen said this is a vulnerable population and may not be as well-known as other programs and therefore would like to increase 8.1 Packet Pg. 92 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 11 funding. Dunn agreed and added that unfortunately there is a growing need for this type of program. Carroll mentioned that this program had a dramatic increase in numbers served over the past year. The motion to fund PS-8 at $35,000 passed unanimously. PS-27 Respite Care: Childcare Scholarships - $35,000 requested Basham made a motion to fund PS-27 at $30,000. Long seconded. Basham said this organization has been in the community for over 35 years and work very hard to fundraise. They also meet two areas of the Social Sustainability Strategic Plan and she would like to give more. Long responded with ditto. The motion to fund PS-27 at $30,000 passed 6-0 with Taylor Dunn abstaining. PS-30 Summit Stone Health Partners: Essential Mental Health Services at the Murphy Center - $26,117 requested Zacharias made a motion to fund PS-30 at $20,000. Dunn seconded. Zacharias said she believes their presence is the most critical at the Murphy Center mentioning that this may be the only entry point to catch some of these individuals. Dunn agreed and said he had them at a higher amount because their population is growing and there will be more demand for this service. Basham made a friendly amendment to increase funding of PS-30 to $25,000. Dunn seconded. Basham has some concerns about their ability to manage their budget but agrees with the need for funding due to the increase in population. Zacharias accepted. The motion to fund PS-30 at $25,000 failed 3-4. PS-11 Crossroads Safehouse: Advocacy Project - $68,502 requested Dunn made a motion to fund PS-11 at $39,010 which would fully fund their first priority. Backsen seconded. Dunn said he wants to maintain funding and this amount would fully fund their first priority. Backsen agreed and wants to maintain funding as well. The motion to fund PS-11 at $39,010 passed unanimously. PS-14 Ensight Skills Center: Low Vision Program: - $15,000 requested Backsen made a motion to fund PS-14 at $0. Long seconded. Backsen said this is a good program we just do not have the money this year. Long agreed and felt they are just not quite a close fit at this point. The motion to fund PS-14 at $0 passed unanimously. 8.1 Packet Pg. 93 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 12 PS-29 Summit Stone Health Partners: Community Behavioral Health Treatment Program - $68,010 requested Dunn made a motion to fund PS-29 at $25,000. Backsen seconded. Dunn said this is a vulnerable population and this program is a good fit for Fort Collins and would like to give more if we could. Backsen agreed and wants to maintain funding. Carroll mentioned her concern for how they are treating those with dual diagnosis as compared to partnering with other agencies. The motion to fund PS-29 at $25,000 passed 5-2. PS-34 The Center for Family Outreach: Low Income Youth Scholarship Program - $15,000 requested Zacharias made a motion to fund PS-34 at $10,000. Dunn seconded. Zacharias said that scholarships are critical to help get the services to the people they serve and they work with vulnerable teens and their families. She also stated that it is difficult to find funding for this type of work. Taylor seconded for discussion. Basham asked for clarification as to where their referrals come from. Zacharias confirmed that most are referred from the courts but not all. The motion to fund PS-34 at $10,000 passed 5-2. PS-9 Colorado Health Network NCAP: Northern Colorado AIDS Project - $10,000 requested Basham made a motion to fund PS-9 at $7,000. Zacharias seconded. Basham pointed out this program meets four areas of the Social Sustainability Strategic Plan. She stated case management for HIV positive patients is very important and has an impact in several areas i ncluding housing. Zacharias noted that their funding has gone down significantly since their merger which made them more regional. They have expanded their services and increased their cliental. Dunn made a friendly amendment to fund PS-9 at $6,000. Carroll seconded. Dunn said this amount would fully fund their first priority. Basham accepted. The motion to fund PS-9 at $6,000 passed unanimously. PS-36 Turning Point Center for Youth and Family Development: Crisis Intervention Services - $25,000 requested 8.1 Packet Pg. 94 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 13 Basham made a motion to fund PS-36 at $15,000. Dunn seconded. Basham said this is a difficult population and they offer services for home care and residential. Dunn seconded for discussion. Backsen offered a friendly amendment to hold funding at $12,500. Long seconded. Basham did not accept the offer. She said this is a difficult population to work with and they do need both types of services. The motion to fund PS-36 at $15,000 failed 2-5. PS-36 Turning Point Center for Youth and Family Development: Crisis Intervention Services - $25,000 requested Dunn made a motion to fund PS-36 at $12,500. Carroll seconded. There was no further discussion. The motion to fund PS-36 at $12,500 passed 5-2. PS-22 Matthews House: Empowering Youth Program - $36,000 requested Dunn made a motion to fund PS-22 at $20,000. Backsen seconded. Dunn said this is a good program and keeps them at the same level of funding as last year. Backsen agreed. The motion to fund PS-22 at $20,000 passed 6-1. PS-4 CASA Program: Court Appointed Special Advocates - $30,661 requested Dunn made a motion to fund PS-4 at $12,000. Long seconded. Dunn stated this is the same as last year. Long had no further comments. The motion to fund PS-4 at $12,000 passed unanimously. PS-6 Catholic Charities: Senior Services - $31,440 requested Long made a motion to fund PS-6 at $15,000. Zacharias seconded. Long mentioned this is a valuable service and wants to keep funding stable. The motion to fund PS-6 at $15,000 passed unanimously. PS-16 Health District of Northern Larimer County: Dental Connections revisited Basham made a motion to fund PS-16 at $25,000. Motion failed for lack of a second. PS-16 Health District of Northern Larimer County: Dental Connections revisited 8.1 Packet Pg. 95 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 14 Backsen made a motion to maintain funding at $20,000. Zacharias seconded. Backsen said this is an important program and dental issues impact other areas of life and wants to maintain funding. Backsen added this organization has done an exceptional job of reaching out and re cruiting dentists. Zacharias agreed. The motion to fund PS-16 at $20,000 failed 4-3. PS-16 Health District of Northern Larimer County: Dental Connections revisited Dunn made a motion to fund PS-16 at $17,000. Carroll seconded. Dunn said he was trying to find a number everyone would agree on. Carroll stated that she chose that number because it represents one quarter of the salary of the coordinator. The motion to fund PS-16 at $17,000 failed 4-3. PS-19 Homelessness Prevention Initiative: Emergency Rental Assistance - $40,500 requested Dunn made a motion to fund PS-19 at $10,000 to see what others are thinking. The motion failed due to lack of a second. PS-19 Homelessness Prevention Initiative: Emergency Rental Assistance - $40,500 requested Zacharias made a motion to fund PS-19 at $20,000. Backsen seconded. Zacharias said she has concerns but does not want to punish those getting assistance. Zacharias said that HPI fills a niche in that they help people stay in their homes by helping pay other expenses such as utilities. Backsen agreed and stated that it is time for HPI and Neighbor to Neighbor to merge services. Basham agrees with the idea of a merger and is also concerned with the management of funds now that United Way will no longer be their fiscal agent and writing their checks and she is not confidant that the one staff will be able to handle that. Backsen asked if staff is confident that we would receive timely and accurate reports at any level of funding. Sharon Thomas stated, as administrator on this application that she is not confident of that. Long said this organization has a fair amount of reserves for a small organization and could possibly use that to get back on top. She is concerned with allocating governmental funds where it might jeopardize our own funding. Dunn said he has the same concerns and would like to give enough funding so that City staff is still able to have a relationship to maintain accountability. Long said that funding them a small amount would be costly to the organization and the City and recommends they come back for funding once they can show improvements. Backsen said if City staff have concerns maybe we should not fund the organization. Basham agreed with Long and believes they should come back at a later time. 8.1 Packet Pg. 96 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 15 The motion to fund PS-19 at $20,000 failed 1-6. PS-19 Homelessness Prevention Initiative: Emergency Rental Assistance - $40,500 requested revisited Basham made a motion to fund PS-19 at $0. Long seconded. The motion to fund PS-19 at $0 failed 4-3. PS-30 Summit Stone Health Partners: Essential Mental Health Services at the Murphy Center revisited Carroll made a motion to fund PS-30 at $20,000. Zacharias seconded. Basham said this is a vital service and wants to see it funded adequately. Zacharias added that many of the people using the Murphy Center services also suffer from mental health problems. The motion to fund PS-30 at $20,000 passed 6-1. PS-16 Health District of Northern Larimer County: Dental Connections 3rd revisited Dunn made a motion to fund PS-16 at $18,500. Zacharias seconded. The motion to fund PS-16 at $18,500 passed 6-1. PS-19 Homelessness Prevention Initiative: Emergency Rental Assistance revisited Dondale made a motion to fund PS-19 at $0. Basham seconded. The motion to fund PS-19 at $0 passed 6-1. PS-17 Homeless Gear: Murphy Center Support revisited Backsen made a motion to reduce funding for PS -17 to $20,000. Motion failed due to lack of a second. PS-35 The Family Center/La Familia: Childcare Scholarships revisited Dunn made a motion to reduce funding for PS-35 to $40,000. Carroll seconded. The motion to fund PS-35 at $40,000 passed 5-2. PS-25 Project Self-Sufficiency: Services Single Parent Families revisited Basham made a motion to reduce funding for P S-25 to $30,000. Zacharias seconded. The motion to fund PS-25 at $30,000 passed 6-1. 8.1 Packet Pg. 97 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 16 PS-30 Summit Stone Health Partners: Mental Health Services Murphy Center revisited Dondale made a motion to reduce funding for PS-30 to $18,000. Dunn seconded. Dondale said that would fund one staff position. The motion to fund PS-30 at $18,000 passed 6-1. PS-21 The Matthews House: Education and Employment Center revisited Dunn made a motion to reduce fundin g to PS-21 to $12,000. Long seconded. Dunn stated this will still be more than last year. The motion to fund PS-21 at $12,000 passed 6-1. PS-29 Summit Stone Health Partners: Community Behavioral Health Treatment Program revisited Dondale made a motion to reduce funding for PS-29 to $23,000. The motion failed for lack of a second. PS-31 Teaching Tree Early Childhood Learning Center: Childcare Scholarships revisited Dunn made a motion to reduce funding for PS-31 to $48,500. Dondale seconded. Dunn stated this is more than last year. The motion to fund PS-31 at $48,500 passed 5-2. PS-8 ChildSafe Colorado: Sexual Abuse Treatment Program revisited Carroll made a motion to reduce funding for PS-8 to $33,000. Long seconded. Carroll stated this is more than last year. The motion to fund PS-8 at $33,000 failed 3-4. PS-2 B.A.S.E. Camp: Childcare Scholarships revisited Dunn made a motion to reduce funding for PS-2 to $49,000. Dondale seconded. The motion to fund PS-2 at $49,000 passed unanimously. PS-11 Crossroads Safehouse: Advocacy Project revisited Basham made a motion to reduce funding for PS-11 to $38,000. Long seconded. The motion was recalled. 8.1 Packet Pg. 98 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 17 PS-13 Elderhaus: Community Based Therapeutic Care revisited Dunn made a motion to reduce funding for PS-13 to $38,500. Dondale seconded. The motion to fund PS-13 at $38,500 passed 6-1. PS-23 Neighbor to Neighbor: Housing Counseling revisited Basham made a motion to reduce funding for PS-23 to $30,000. Dondale seconded. Basham said this would maintain last year’s funding. Dunn made a friendly amendment to fund PS-23 at $32,500. Zacharias seconded. Basham accepted. The motion to fund PS-23 at $32,500 passed 6-1. PS-34 The Center for Family Outreach: Low Income Youth Scholarship Program revisited Dunn made a motion to reduce funding for PS-34 to $8,000. Dondale seconded. The motion to fund PS-34 at $8,000 passed 5-2. PS-24 Neighbor to Neighbor: Rent Assistance revisited Basham made a motion to reduce funding for PS-24 to $39,011. Zacharias seconded. Dunn mentioned that we cut rent assistance already and maybe we could find another area to cut. Zacharias agreed but reminded Dunn that we were asking the other agency to tap into their reserves so we are not asking them to cut services. Basham said it is not a significant reduction and the funding is still more than last year. The motion to fund PS-24 at $39,011 passed 5-2. The funds have all been allocated and the budget balanced. Chair Holly Carroll asked the Commission to do one more review. Upon no further comments she asked for a motion to approve the funding matrix as shown. Dunn made a final comment to those programs that did receive funding tonight. He stated that essentially $45,000 for rent assistance was taken off the books which made some of these decisions a lot easier than they would have been. In subsequent years, if that organization does what has been suggested and they return for funding, it will make next year’s funding rough. Dunn added that we got 8.1 Packet Pg. 99 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 18 lucky in some ways this year in that we were able to fund in the amount we did so plan accordingly next year. Basham would like the record to show the amount requested by all the agencies and compare that to what we actually had to allocate. Dunn made a motion to adopt the funding matrix as presented. Zacharias seconded. The motion to adopt the funding matrix as shown passed unanimously. Chair Holly Carroll thanked everyone for their hard work and declared the meeting adjourned at 8:47 pm. 8.1 Packet Pg. 100 Attachment: CDBG Commission Deliberations April 14 2016 Draft (4438 : 2016 Spring Competitive Process) 1 Attachment 2 BACKGROUND AND SUMMARY OF CDBG COMMISSION’S RECOMMENDATIONS FOR FUNDING At the May 17, 2016, regular City Council Meeting, the Council will be conducting a public hearing and considering the adoption of a Resolution establishing which programs and projects will receive funding with Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), City Affordable Housing Fund (AHF) and City Human Services Program (HSP) funds for the FY2016 Program year, which starts on October 1, 2016. The Resolution represents the culmination of the spring cycle of the Competitive Process approved in January 2000 by the Council for the allocation of the City’s financial resources to affordable housing programs/projects and community development activities. Additional background material about the Competitive Process is included in Attachment 3. The CDBG and HOME Programs are ongoing grant administration programs funded by the Department of Housing and Urban Development (HUD). The City of Fort Collins has received CDBG funds as an Entitlement Community since 1975 and has been a HOME Participating Jurisdiction since 1994. This means the City is guaranteed a certain level of funding each year. The level of funding is dependent upon the total amount of funds allocated to the program by Congress and on a formula developed by HUD comprised of several measures of community need, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas. Additional background information on the City's CDBG and HOME programs is presented in Attachment 4. The City’s Affordable Housing Fund (AHF) was established in 2000 to supplement federal funding from the CDBG and HOME programs. One purpose of the AHF was to have a source of funding free of federal rules and regulations. Funding awarded to programs targets households in Fort Collins whose incomes are at or below 80% of Area Median Income (AMI). The 2015-2016 BFO Cycle added $200,000 in Keep Fort Collins Great (KFCG) funds to the program. These AHF monies help fill other funding gaps and lower the cost of housing and other basic services for Fort Collins citizens who are most vulnerable and in need. By empowering and stabilizing families, these funds strengthen and improve the fundamental building blocks of Fort Collins: its neighborhoods. The Human Services Program (HSP) was formerly the Community Partnership Program, a joint human services funding venture between the City of Fort Collins and Larimer County. Historically administered by the County, the City’s funding portion of the program switched to City administration as a result of the 2006 Budgeting for Outcomes (BFO) process. In a focus towards streamlining 8.2 Packet Pg. 101 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 2 government processes, improving customer service, and fine tuning desired results, HSP has been folded into the Spring Cycle of the City’s Competitive Process. Funding awarded to programs targets households in Fort Collins whose incomes are at or below 80% of Area Median Income (AMI) or people with special needs. KFCG funds were later added to the program. Like AHF funds, these funds help fill other funding gaps to provide services and support for Fort Collins citizens who are most vulnerable. AVAILABLE FUNDS The following table summarizes the amount and sources of all available CDBG, HOME, AHF and HSP funds for distribution in the housing and public service categories during the FY2016 Spring Cycle of the Competitive Process: Available Funding Funding Amount Funding Source $949,887 FY2016 CDBG Entitlement Grant $286,393 FY2015 CDBG Unprogrammed $3,684 FY2014 CDBG Unprogrammed $184,845 FY2015 CDBG Uncommitted Program Income $66,904 FY2014 CDBG Uncommitted Program Income $539,676 FY2016 HOME Participating Jurisdiction Grant $308,747 FY2015 HOME Program Income $118,704 FY2014 HOME Program Income $325,047 FY2016 AHF $200,000 FY2016 AHF KFCG $389,601 FY2016 HSP $250,047 FY2016 HSP KFCG $3,623,535 Total Funding Available Unprogrammed funds represent previously committed grant funds that were not allocated. Program income includes repayments from loans issued for housing rehabilitation, homebuyer assistance, affordable housing acquisition and development. HUD regulations allow for up to 20% of CDBG funds and 10% of HOME funds to be allocated to planning and administration. Up to 15% of CDBG funds are allowed for public service programs/projects. APPLICATION PROCESS Notices for the City’s FY2016 Spring Competitive Process were sent via email to potential applicants in late December 2015 and the Social Sustainability Department placed an advertisement in the Coloradoan in January to solicit requests for housing and community development projects. Applications were available beginning January 7, 2016 via ZoomGrants, a web-based application, and were due February 18, 2016. 8.2 Packet Pg. 102 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 3 The City received 42 applications (5 in the housing category and 37 in the public service category) requesting nearly $4 million in funding. On March 3 all applications were made available to the CDBG Commission and the housing proposals were made available to the Affordable Housing Board (AHB) for review. On March 22, March 24, March 29 and March 31 the Commission met to hear presentations and ask clarification questions from each applicant. The AHB, at a special meeting on March 24, 2016, voted to recommend to the CDBG Commission a priority ranking of the five affordable housing proposals (see Attachment 5). The priority ranking was presented to the CDBG Commission on March 31. The Commission met on April 14 for the purpose of preparing a recommendation to City Council as to which programs and projects should be funded for the FY2016 program year. At this meeting the Commission reviewed the written applications, the applicants’ verbal presentations, the information provided during the question and answer session, and reviewed the performance of agencies who received funding in previous years. They considered the priority rankings of the AHB, the goals of the City’s Affordable Housing Strategic Plan and the Social Sustainability Department’s Strategic Plan. CDBG COMMISSION'SRECOMMENDATIONS Based on the available information the Commission had they voted on which programs and projects best fit the City's needs. Listed below is a summary of each applicant's request for funding and the Commission's funding recommendations. HOUSING HO-1 Fort Collins Housing Authority: Permanent Supportive Housing 2 Request: $1,600,000 Recommendation: Withdrawn Percentage: 0% The Fort Collins Housing Authority (FCHA) provides affordable housing to low- income residents in Fort Collins. FCHA is working towards developing a second permanent supportive housing community with 48 units that will target homeless households. This request is to provide funding towards the purchase of the property for this development. On March 30, FCHA notified the City that they were unable to get control of the site and were withdrawing their request. HO-2 Habitat for Humanity: Harmony Cottages Request: $480,000 Recommendation: $480,000 Percentage: 100% 8.2 Packet Pg. 103 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 4 Habitat for Humanity helps low-income families realize home-ownership by offering 0% interest loans that don’t exceed 28% of a family’s income. Homeowners must contribute $1,200 toward closing costs and up to 500 hours of “sweat equity” building their homes and those of other families. This request is to purchase 12 lots to build 12 affordable units and assist with the purchase of water taps. HO-3 Hendricks Communities: Northern Hotel Request: $250,000 Recommendation: $250,000 Percentage: 100% Hendricks Communities is a for-profit organization that develops and manages low-income housing in Colorado. They will be acquiring the Northern Hotel (constructed in 1873) in late 2016 or early 2017. The Northern Hotel provides low-income housing to 47 seniors. Funding will contribute to the costs for adding air conditioning units, condensers on the roof, changes to the lobby and individual rooms. Total estimated costs are $856,000 plus a $140,000 contingency. HO-4 Loveland Housing Development Corp: Larimer Home Improvement Program Request: $150,000 Recommendation: $150,000 Percentage: 100% The Loveland Housing Development Corp is the nonprofit arm of the Loveland Housing Authority. They provide no and low interest loans to low and moderate income homeowners in Larimer County needing home repairs through the Larimer Home Improvement Program. This request will allow the program to offer loans to approximately 15 households plus delivery costs of the program. HO-5 Neighbor to Neighbor: Aztec Siding Repair and Paint Request: $25,000 Recommendation: $25,000 Percentage: 100% Neighbor to Neighbor (N2N) offers affordable housing, housing counseling, rent assistance home buyer education and more to low-income residents. One of the properties owned by N2N is on Aztec and has significant damage to the exterior of the building. Funding will pay for these needed repairs and painting. PUBLIC SERVICE PS-1 Alliance for Suicide Prevention of Larimer County: Suicide Prevention and Mental Health Education Request: $20,000 Recommendation: $4,836 Percentage: 24% The Alliance provides education and grief support to the community around the issue of suicide. The request is for partial payment of the education and outreach 8.2 Packet Pg. 104 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 5 materials costs needed for the programs, and partial salary support of the Program Coordinator and Executive Director. PS-2 B.A.S.E. Camp: Childcare Scholarships Request: $70,000 Recommendation: $49,000 Percentage: 70% B.A.S.E. Camp is a before- and after-school childcare service, and also provides full-day care for “school-out” days and the 11-week summer break. This request will cover the gaps created when serving low-income families with reduced fees. PS-3 Boys & Girls Clubs of Larimer County: Great Futures Start Here Request: $46,761 Recommendation: $23,000 Percentage: 49% The Boys and Girls Club has requested assistance for its long-standing after- school and summer care program. The Club charges an annual fee of only $10 and provides activities for a broad age-range of kids. The Club encourages a donation from families for full day program participation during the summer. This application requests funds to supplement the salaries of five full time Program Directors and one Unit Director. PS-4 CASA Program: Court Appointed Special Advocates Request: $30,661 Recommendation: $12,000 Percentage: 39% Court Appointed Special Advocates (CASA) provides trained community advocates for children who have been abused and/or neglected by their parents. These advocates provide neutral recommendations to the courts as to the future placement of the child. CASA is requesting assistance with partial salaries of the CASA Program Team, which consists of 2 Case Supervisors and a Volunteer Coordinator. PS-5 CASA Program: Harmony House Supervised Visitation Request: $30,377 Recommendation: $15,000 Percentage: 49% Harmony House, operated by CASA, provides a safe, conflict-free place for families to have supervised visitations, exchanges and interactions. Harmony House staff also document information used in deciding the child’s permanent placement. This request by CASA is for partial salaries of 3.7 FTE Case Managers PS-6 Catholic Charities: Senior Services Request: $31,440 Recommendation: $15,000 Percentage: 48% Senior Services provides outreach and assistance to at-risk elderly with the goal of enabling them to maintain greater health, safety, and independence. Funding 8.2 Packet Pg. 105 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 6 would cover partial salary and benefits of the Program Caseworker, Outreach Line staff and Program Supervisor. PS-7 Catholic Charities: The Mission Shelter Request: $66,129 Recommendation: $30,000 Percentage: 45% Catholic Charities’ Shelter (The Mission) provides shelter, food, case management, resource navigation, benefits application assistance and transitional housing help in support of the homeless and near homeless. Catholic Charities is requesting partial salary and benefits (50%) of 2 FTE shelter staff one Case Manager PS-8 ChildSafe Colorado: Child Sexual Abuse Treatment Program Request: $50,000 Recommendation: $35,000 Percentage: 70% ChildSafe provides treatment to victims of child sexual abuse and their non- offending family members, treating trauma, reducing risk of re-victimization, providing safety skills, dealing with impacts in other life sectors (school, work, health, etc.). Funding requested would assist with salaries of therapists and the Clinical Director. PS-9 Colorado Health Network, dba Northern Colorado AIDS Project (NCAP): Northern Colorado AIDS Project Request: $10,000 Recommendation: $6,000 Percentage: 60% NCAP’s Case Management and Homelessness Prevention Programs help families and individuals coping with HIV/AIDS retain their household stability and health as their ability to maintain financial independence diminishes. This request will supplement the salaries of direct service providers and provide medical, emergency and basic needs to clients of NCAP. PS-10 Community Affordable Residences Enterprise (CARE Housing): Healthy Minds and Bodies Program Request: $53,480 Recommendation: $0 Percentage: 0% CARE Housing is collaborating with Heart Centered Counseling to provide counseling services to CARE’s tenants. This request would subsidize counseling co-pays for individuals and families/groups, and associated administrative costs of CARE Housing. PS-11 Crossroads Safehouse: Advocacy Project Request: $68,502 Recommendation: $39,010 Percentage: 57% Crossroads is a domestic violence shelter serving Larimer County. The shelter provides emergency housing, crisis intervention and other services, outreach and education. This request is for a portion of salaries and benefits of the Domestic 8.2 Packet Pg. 106 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 7 Violence Family Advocates and Facilities Manager. PS-12 Disabled Resource Services (DRS): Access to Independence Request: $29,836 Recommendation: $25,000 Percentage: 84% People with disabilities who are facing issues around poverty, survival, discrimination and dependency are provided assistance from DRS. Access to Independence provides supportive case management and community assistance to increase the independence of adults with severe disabilities. DSR is requesting funds to pay a portion of salaries for four Independent Living Specialists. PS-13 Elderhaus Adult Day Program: Community Based Therapeutic Care Request: $55,000 Recommendation: $38,500 Percentage: 69% Through the Therapeutic Activity Program, Elderhaus provides a therapeutic daytime program for adults with special needs such as congenital issues (Downs Syndrome, Cerebral Palsy), acquired afflictions (traumatic brain injury) and various dementias. This request seeks funding to supplement direct service costs, partial salaries of five Program Directors, Food Service costs and program transportation expenses. PS-14 Ensight Skills Center: Low-Vision Request: $15,000 Recommendation: $0 Percentage: 0% Ensight provides rehabilitation, education and access to vision specialists to people who are adjusting to life with vision loss. This request is for salaries and direct client assistance. PS-15 Food Bank for Larimer County: Kids Café Request: $30,000 Recommendation: $23,500 Percentage: 78% Kids Café provides meals for children ages 3-18 who are food insecure. Meals are provided without regard to the income of the child’s family, but the sites where the meals are provided are in or near schools with the highest eligibility rates for free or reduced priced lunches. This application requests funds to cover partial salaries of the Kids Café staff. PS-16 Health District of Northern Larimer County: Dental Connections Request: $33,450 Recommendation: $18,500 Percentage: 55% Dental Connections, through the Health District, seeks to develop a sustainable, cost-effective system for delivering oral health care to underserved low-income and disabled adults. This request asks for 50% of salary assistance for the Dental Connections Care Coordinator. 8.2 Packet Pg. 107 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 8 PS-17 Homeless Gear: Murphy Center Support Request: $56,000 Recommendation: $30,000 Percentage: 54% Homeless Gear (HG) is the Managing Partner of the Murphy Center as of December 2015. In addition to the programs of Homeless Gear they provide oversight of the facility and hired the Resource Specialist position (Hand Up Program Manager). This requests partial salaries and benefits of the HG Program Director and Hand Up Program Manager. PS-18 Homeless Gear: Program Support Request: $30,000 Recommendation: $30,000 Percentage: 100% Homeless Gear (HG) provides a number of programs that offers a continuum of services to individuals and families who are homeless or at-risk of becoming homeless. HG is requesting funding for partial salaries of the One Village One Family Director, Dedicated Navigator staff, and costs associated with street outreach. PS-19 Homelessness Prevention Initiative (HPI): Emergency Rental Assistance Request: $40,500 Recommendation: $0 Percentage: 0% HPI’s Rent Assistance provides temporary funding to cover the cost of rent for families and individuals facing eviction. This application requests funds to cover one-time assistance towards rent for 470 individuals PS-20 Larimer County Child Advocacy Center (CAC): Victim Services Request: $25,000 Recommendation: $22,000 Percentage: 88% The CAC recently changed their name to Voices Carry Child Advocacy Center. They reduce trauma to children and their families through a comprehensive response to child abuse by providing forensic interviews and victim advocacy. The goal is to avoid re-victimization of children as they move through the legal system. The request is for a portion of the salaries and benefits of the Family Advocate and the contractual Bilingual Victim Advocate. PS-21 The Matthews House: Education and Employment Center Request: $30,000 Recommendation: $12,000 Percentage: 40% The Education and Employment Center (EEC) is a new program resulting from the April 2015 merger with the former Education and Life Training Center. The mission of the EEC is to enable adults to acquire the knowledge skills and qualifications that will help them secure and sustain living wage jobs. This request will pay for sliding scale scholarships for qualified students. 8.2 Packet Pg. 108 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 9 PS-22 The Matthews House: Empowering Youth Program Request: $36,000 Recommendation: $20,000 Percentage: 56% The Matthews House works intensively with at-risk, homeless, and abused youth, ages 14-21, transitioning them to become contributing adult community members. Case management, independent living skills, and aftercare are offered towards achieving self-sufficiency. This request is for partial salaries of nine Empowering Youth Program direct service workers. PS-23 Neighbor to Neighbor: Housing Counseling Request: $60,000 Recommendation: $32,500 Percentage: 54% Housing Counseling consists of the following services: Emergency Rent Assistance Counseling, Pre-rental Counseling, Landlord/Tenant Counseling, Pre- purchase Counseling/Homebuyer Classes and Training, Mortgage Default Counseling and Reverse Mortgage Counseling. Neighbor to Neighbor has requested salary and benefits funding for a Rental Counselor and a Homeownership Counselor. PS-24 Neighbor to Neighbor: Rent Assistance Request: $40,000 Recommendation: $39,011 Percentage: 98% Neighbor to Neighbor’s Rent Assistance Program provides rent assistance and first month’s rent for residents who need financial assistance to maintain housing. N2N has requested funding to subsidize 230 persons. Clients are assisted with a one-time payment up to $350 for rent assistance, and up to $500 towards a first month’s rent payment. PS-25 Project Self-Sufficiency: Services for Single-Parent Families Request: $35,000 Recommendation: $30,000 Percentage: 86% The mission of Project Self-Sufficiency (PS-S) is to assist low-income single parents in their efforts to build and maintain strong, healthy families, achieve economic independence, and become free from community and government assistance. They have requested funding to pay partial salaries and benefits for three PS-S Advisors who work with program participants living in Fort Collins. PS-26 Rehabilitation and Visiting Nurse Association (RVNA): Home Health Care Scholarships Request: $35,000 Recommendation: $25,000 Percentage: 71% RVNA provides home care services, skilled and unskilled, as well as acute and long-term care in the clients’ homes. Services include nursing, physical therapy, 8.2 Packet Pg. 109 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 10 occupational therapy, speech therapy, medical social services, certified nurse aide service, personal care service and homemaking services. RVNA has requested funds to pay for both skilled and unskilled service for 51 low-income clients. PS-27 Respite Care: Childcare Scholarships Request: $35,000 Recommendation: $30,000 Percentage: 86% Respite Care offers day and overnight care as a service for families who have children (up to age 21) with developmental disabilities. Funding is being requested to help with 35 childcare assistance scholarships for low-income families. PS-28 Sexual Assault Victim Advocate (SAVA) Center: Bilingual Sexual Assault Victim Services Request: $50,000 Recommendation: $22,000 Percentage: 44% SAVA provides crisis intervention, advocacy, and counseling for those affected by sexual violence and provides prevention through community outreach and education. The request from SAVA is to partially fund salaries of the Director of Client Services, Bilingual Advocate and Therapist, Therapist and Direct Service Coordinator. PS-29 SummitStone Health Partners: Community Behavioral Health Treatment Program (CBHT) Request: $68,010 Recommendation: $25,000 Percentage: 37% The CBHT Program combines intensive case management and therapeutic services with housing assistance for low- to moderate income men and women with severe mental illness and severe substance use disorders. The request is to fully fund one FTE with benefits for the Licensed Lead Therapist. PS-30 SummitStone Health Partners: Essential Mental Health Services at the Murphy Center Request: $26,117 Recommendation: $18,000 Percentage: 69% The Mental Health specialist at the Murphy Center is a SummitStone employee who provides initial mental health assessments, provides short-term therapy sessions, collaborates for a spectrum of care with other community health providers and performs crisis intervention triage, as necessary. The request is to cover a portion of the salary for a full-time employee. PS-31 Teaching Tree Early Childhood Learning Center: Childcare Scholarships 8.2 Packet Pg. 110 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 11 Request: $60,000 Recommendation: $48,500 Percentage: 81% Teaching Tree provides full-day child care and education programs for children from 6 weeks to 8 years old. $60,000 is being requested to subsidize the difference between the sliding scale parent fee and the actual cost of care for 60 children in low-income families. PS-32 Team Fort Collins: Define Youth Request: $50,000 Recommendation: $0 Percentage: 0% Team Fort Collins recently became Team Wellness and Prevention. They focus on youth 12-18 years old who are struggling with decisions related to substance use. Three strategies are used: interactive/direct youth services, education, and community mobilization. Funding would pay for scholarships, travel costs, curriculum materials and Define Youth Program Specialist salary. PS-33 The ARC of Larimer County: Families in Action Request: $10,000 Recommendation: $0 Percentage: 0% The ARC of Larimer County provides advocacy to protecting the rights of individuals with intellectual and developmental disabilities and their families. This request would provide scholarships to 10 families to attend the Families in Action workshop in Estes Park. Funding covers program supplies, invoice and lodging for families, staff and volunteers. PS-34 The Center for Family Outreach: Low-Income Youth Scholarship Program Request: $15,000 Recommendation: $8,000 Percentage: 53% The Center for Family Outreach provides early intervention for youth ages 8 to 18 and their families who are experiencing high-risk behaviors, such as alcohol and drug use. Funding would pay for program scholarships for about 107 low-income youth. PS-35 The Family Center/La Familia: Childcare Scholarships Request: $50,000 Recommendation: $40,000 Percentage: 80% The Family Center/La Familia provides affordable child care for infants, toddlers and preschool-aged children. This application requests funds to provide scholarships for low-income households. Many do not qualify for Colorado Childcare Assistance Program (CCAP) or need supplemental support for childcare expenses while working or going to school. PS-36 Turning Point Center for Youth and Family Development: Crisis Intervention Services Request: $25,000 Recommendation: $12,500 Percentage: 50% 8.2 Packet Pg. 111 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 12 This program at Turning Point provides no-cost mental health and substance abuse treatment services to low-income families who are uninsured, underinsured and/or unable to access more conventional providers for assistance. The funding request is to partially assist with the cost of two direct staff salaries, a Crisis Intervention Specialist and a Coaching/Mentoring Coordinator. PS-37 Volunteers of America: Home Delivered Meal Service Request: $35,000 Recommendation: $31,000 Percentage: 89% Volunteers of America, through its Home Delivered Meals service, offers home delivered frozen meals, nutrition education, nutrition risk assessment and nutrition education/counseling to low-income seniors who are frail, homebound and struggling to meet their nutritional needs. The requested funds would leverage the federal grant and help cover the costs of providing 11,290 home delivered meals to about 92 seniors at a cost of $3.10 per meal. The service operates on a donation basis. Summary Five proposals were submitted in the housing category, one was withdrawn by The Fort Collins Housing Authority for $1.6 million prior to the deliberations meeting. The CDBG Commission has recommended full funding for all four of the remaining housing proposals, which leaves over $1.5 million dollars for a fall funding cycle. In the public service category one of the 37 proposals is recommended for full funding and five are being recommended for no funding. The remaining 31 proposals will be partially funded, ranging from 24-98% of the requested amounts. A summary of the Commission's funding recommendations by category is presented in the following table: Funding Recommendations by Category Category Recommended Funding % of Total Housing $905,000 53% Public (Human) Service $809,857 47% Total $1,714,857 100.0% The justifications for the CDBG Commission’s recommendations can be found in Attachment 1, minutes of the April 14, 2016 meeting (not yet approved by the CDBG Commission, to be approved at the June 10, 2016 meeting). 8.2 Packet Pg. 112 Attachment: Background and Summary of CDBG Recommendations (4438 : 2016 Spring Competitive Process) 1 Attachment 3 BACKGROUND INFORMATION ON THE COMPETITIVE PROCESS City Council approved the Priority Affordable Housing Needs and Strategies report in February 1999 which contained the following strategy: Change from an administrative funding mechanism...to a competitive application process for the Affordable Housing Fund. Between September and November of 1999, a subcommittee consisting of members from the Affordable Housing Board (AHB) and the Community Development Block Grant (CDBG) Commission met with staff to review issues and develop options for establishing a competitive process. In addition, the staff solicited ideas from existing affordable housing providers. Competitive Process Five options for a competitive process were reviewed and discussed by the subcommittee. The subcommittee reached a general consensus to support a competitive process that involved both the AHB and the CDBG Commission. The option selected had the AHB providing recommendations to City Council in regards to affordable housing policy. In addition, the option would have the AHB reviewing all affordable housing applications. The Board would provide a priority listing of proposals to the CDBG Commission. The CDBG Commission would make final recommendations to City Council for funding. Funding Cycles The subcommittee also agreed that there should be two funding cycles per year, one in the spring and the other in the fall. CDBG Program funds would be allocated in the spring to affordable housing programs/projects and other community development activities (public services, public facilities, etc.). HOME funds and Affordable Housing Funds (AHF) would be allocated in the fall primarily to affordable housing programs and projects. The staff and subcommittee agreed that overlaying the new process and cycles would necessitate an increase in staff technical assistance to applicants. Both the subcommittee and staff recognize that a bi-annual process will require additional meetings by both the CDBG Commission and AHB, and will require more time from City staff, and increase the City Council’s involvement. In January, 2015 City Council approved allocating all available funds during the spring cycle of the Competitive Process (Resolution 2015 -009). HOME and AHF funds are 8.3 Packet Pg. 113 Attachment: Background on the Competitive Process (4438 : 2016 Spring Competitive Process) 2 added to available CDBG housing funds for allocation. An optional fall cycle for housing projects will be held if enough additional funds (about $500,000 or more) are available to the program. Schedule The subcommittee also discussed two alternative schedules f or the funding cycles. The option selected incorporates a spring cycle that starts in January and ends in May, and a fall cycle that starts in July and end s in November. Review Criteria In addition, the subcommittee discussed and agreed to a new set of review criteria to be used to rank housing proposals. The criteria are divided into the following five major categories: 1. Impact/Benefit 2. Need/Priority 3. Feasibility 4. Leveraging Resources 5. Capacity and History The Impact/Benefit criteria provide greater rewards to proposals that target lower income groups and provide longer benefits. The Need/Priority criteria help to assure the proposal meets adopted City goals and priorities. The Feasibility criteria reward projects for timeliness and documented additional funding. The Leveraging Resources criteria reward proposals which will return funds to the City (loans) and for their ability to leverage other resources. And, the Capacity and History criteria help ga uge an applicant’s ability to do the project and reward applicants that have completed successful projects in the past. Application Forms The City uses a web-based application system through ZoomGrants. Two application forms have been developed, one for housing and one for non -housing (primarily public service). City Council Adoption On January 18, 2000, City Council approved Resolution 2000-13, formally adopting the Competitive Process for the allocation of City financial resources to affordable housing programs/projects and community development acti vities and the component parts discussed above. 8.3 Packet Pg. 114 Attachment: Background on the Competitive Process (4438 : 2016 Spring Competitive Process) 3 Human Services Program The Human Services Program (HSP) was formerly the Community Partnership Program, a joint human services funding venture between the City of Fort Collins and Larimer County. Historically administered by the County, the City’s funding portion of the program switched to internal administration as a result of the 2006 Budgeting for Outcomes (BFO) process. This funding source has been folded into the spring cycle of the Competitive Process where funding is targeted to programs that serve Fort Collins households and individuals whose incomes are at or below 80% of the Area Median Income (AMI). Guidance Charts for CDBG, HSP, HOME and AHF There are two different guidance charts used for making funding decisions. Primarily, the components serve to ensure that federal regulations and local policies and preferences are being addressed. These guidance charts are one set of many tools to assist the CDBG Commission and the AHB in Competitive Process decision making. The ranking sheets are completed by staff, based on information provided in proposal applications. 8.3 Packet Pg. 115 Attachment: Background on the Competitive Process (4438 : 2016 Spring Competitive Process) 1 Attachment 4 Background Information on the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs Community Development Block Grant (CDBG) Program CDBG Program National Objectives The primary objective of the CDBG Program is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Programs and projects funded with CDBG funds must address at least one of the following three broad National Objectives: (1) provide a benefit to low or moderate income households or persons, (2) eliminate or prevent slum and blight conditions, or (3) meet urgent community development needs which pose an immediate and serious threat to the health and welfare of the community. HUD regulations require at least 70% of CDBG funds be used for activities that primarily benefit low and moderate-income persons. CDBG Program Eligible Activities CDBG funds can be used on a wide range of activities including: (1) acquiring deteriorated and/or inappropriately developed real property (including property for the purpose of building new housing); (2) acquiring, constructing, rehabilitating or installing publicly owned facilities and improvements; (3) restoration of historic sites; (4) beautification of urban land; (5) conservation of open spaces and preservation of natural resources and scenic areas; (6) housing rehabilitation can be funded if it benefits low and moderate income people; and (7) economic development activities are eligible expenditures if they stimulate private investment of community revitalization and expand economic opportunities for low and moderate income people and the handicapped. 8.4 Packet Pg. 116 Attachment: CDBG and HOME Background Information (4438 : 2016 Spring Competitive Process) 2 Certain activities are ineligible, under most circumstances, for CDBG funds including: (1) purchase of equipment, (2) operating and maintenance expenses including repair expenses and salaries, (3) general government expenses, (4) political and religious activities, and (5) new housing construction. HOME Investment Partnerships (HOME) Program Program Guidelines (Adopted by the Fort Collins City Council, July 18, 1995) Purpose: The purpose of the Home Investment Partnership (HOME) Program is to increase the supply of decent, safe, and affordable housing in the City of Fort Collins for an extended period of time. All of the HOME funds must benefit low and very low income households which are defined by the Department of Housing and Urban Development as having a total household income not exceeding 80% of the median household income for the Fort Collins area. Eligible Projects: HOME funds must be used in the following ways: 1. DIRECT HOUSING ASSISTANCE: Down payment assistance: To help low-income individuals to purchase housing for their principal residence. Applicants must meet income guidelines of no more than 80% of the current median household income for the Fort Collins area and will be required to attend a homebuyer workshop. Assistance is in the form of zero percent deferred loan up to a maximum of $10,000 to help cover downpayment and closing cost expenses. The funding is repaid with a 5% simple interest charge when the property is sold or transferred out of the buyer’s name. Restrictions will apply which will assure the property remains affordable. This is accomplished by the “recapturing” of the HOME investment. Tenant based rental assistance: To help low-income households avoid eviction and homelessness, TBRA provides up to two years of hous ing subsidy and case management services to stabilize households and put them on the road to self-sufficiency. 2. NEW CONSTRUCTION of units for homeownership as well as rental occupancy targeted for low-income individuals and families which are 8.4 Packet Pg. 117 Attachment: CDBG and HOME Background Information (4438 : 2016 Spring Competitive Process) 3 developed, sponsored, or owned by community housing development organizations (CHDOs), non-profit agencies, and for-profit developers. 3. ACQUISITION of undeveloped, or developed, land resulting in the development or purchase of units for homeownership as well as rental occupancy. All regulations regarding income guidelines, purchase price limitations, resale limitations, rental rates, etc., will apply to acquisition projects. Eligible Property Types: Eligible property types for purchase include both existing property and newly constructed homes. Eligible property includes a single-family property, a condominium unit, a manufactured home (including mobile homes on a permanent foundation), or a cooperative unit. For purposes of the HOME program, homeownership means: (1) ownership in fee simple title, or (2) a 99 year leasehold interest, or (3) ownership or membership in a cooperative, or (4) an equivalent form of ownership which has been approved by the Department of Housing and Urban Development. The value and purchase price of the HOME assisted property to be acquired must not exceed 95% of the area median purchase price for that type of housing as established by HUD. Recapture restrictions will apply. (The value must be verified by a qualified appraiser or current tax assessment.) HOME Program Priorities The 2010-2014 Consolidated Plan, a planning document required for HUD by entities receiving federal monies for housing and community development activities, identifies the following priorities for housing related needs: 1. Stimulate housing production for very low, low and moderate income households. 2. Increase home ownership opportunities for very low, low and moderate income households. 3. Increase the supply of public housing for families and those with special needs. Implementation and funding of activities to address these priorities will come, in part, from the City of Fort Collins HOME Investment Partnerships Program. An updated Consolidated Plan is in the draft stage. 8.4 Packet Pg. 118 Attachment: CDBG and HOME Background Information (4438 : 2016 Spring Competitive Process) ATTACHMENT 58.5 Packet Pg. 119 Attachment: CDBG Ranking Comments (4438 : 2016 Spring Competitive Process) ATTACHMENT 58.5 Packet Pg. 120 Attachment: CDBG Ranking Comments (4438 : 2016 Spring Competitive Process) -1- RESOLUTION 2016-040 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE CITY’S AFFORDABLE HOUSING FUND AND HUMAN SERVICES PROGRAM WHEREAS, the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships (HOME) Program are ongoing grant administration programs funded by the Department of Housing and Urban Development (HUD); and WHEREAS, the City has received CDBG Program funds since 1975 and HOME program funds since 1994; and WHEREAS, the City Council has budgeted General Fund and Keep Fort Collins Great (KFCG) dollars in the Human Services Program and the Affordable Housing Fund for use in assisting affordable housing programs and projects and community development activities; and WHEREAS, on January 18, 2000, the City Council approved Resolution 2000-13, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs and projects and community development activities; and WHEREAS, on January 20, 2015, the City Council approved Resolution 2015-009, adopting a revised competitive process that changed from two annual funding cycles, in the spring and fall, to one funding cycle in the spring, with the fall funding cycle being optional and used only when funds are available that were not allocated in the spring or were returned to the City; and WHEREAS, the CDBG Commission reviewed 42 applications for the 2016 funding cycle, watched presentations by each applicant, and asked clarifying questions; and WHEREAS, on April 14, 2016, the CDBG Commission met for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded with FY 2016 CDBG, HOME, Affordable Housing Fund and Human Services Program funds as well as CDBG and HOME Program Income from FY 2014 and FY 2015, and unprogrammed CDBG funds from FY2014 and FY2015; and WHEREAS, as required by HUD regulations, a 30-day comment period began on April 18, 2016 and ended on May 17, 2016, and to date no comments have been received; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission and has determined that the City’s 2016 allocation should be made as set out in this Resolution. Packet Pg. 121 -2- 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 City staff is hereby authorized to submit an application to HUD based on the following recommended funding allocations: Planning and Administration Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning $226,945 $226,945 $0 100% City of Fort Collins: HOME Administration/Planning $84,826 $84,826 $0 100% Administration/Planning Total $311,771 311,771 $0 100% Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Habitat for Humanity: Harmony Cottages $480,000 $480,000 $0 100% Hendricks Communities: Northern Hotel $250,000 $250,000 $0 100% Loveland Housing Development Corp.: Larimer Home Improvement Program $150,000 $150,000 $0 100% Neighbor to Neighbor: Aztec Siding Repair and Paint $25,000 $25,000 $0 100% Housing Total $905,000 $905,000 $0 Public Service Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education $20,000 $4,836 $15,164 24% B.A.S.E. Camp: Childcare Scholarships $70,000 $49,000 $21,000 70% Packet Pg. 122 -3- Boys & Girls Clubs of Larimer County: Great Futures Start Here $46,761 $23,000 $23,761 49% CASA Program: Court Appointed Special Advocates $30,661 $12,000 $18,661 39% CASA Program: Harmony House Supervised Visitation $30,377 $15,000 $15,377 49% Catholic Charities: Senior Services $31,440 $15,000 $16,440 48% Catholic Charities: The Mission Shelter $66,129 $30,000 $36,129 45% ChildSafe Colorado: Sexual Abuse Treatment Program $50,000 $35,000 $15,000 70% Colorado Health Network : Northern Colorado AIDS Project (NCAP) $10,000 $6,000 $4,000 60% CARE Housing: Healthy Minds and Bodies Program $53,480 $0 $53,480 0% Crossroads Safehouse: Advocacy Project $68,502 $39,010 $29,492 57% Disabled Resource Services: Access to Independence $29,836 $25,000 $4,836 84% Elderhaus Adult Day Program: Community Based Therapeutic Care $56,000 $38,500 $17,500 69% Ensight Skills Center: Low Vision Program $15,000 $0 $15,000 0% Food Bank for Larimer County: Kids Café $30,000 $23,500 $6,500 78% Health District of Northern Larimer County: Dental Connections $33,450 $18,500 $14,950 55% Homeless Gear: Murphy Center Support $56,000 $30,000 $26,000 54% Homeless Gear: Program Support $30,000 $30,000 $0 100% Homelessness Prevention Initiative: Emergency Rental Assistance $40,500 $0 $40,500 0% Voices Carry (formerly Larimer County) Child Advocacy Center: Victim Services $25,000 $22,000 $3,000 88% The Matthews House: Education and Employment Center $30,000 $12,000 $18,000 40% The Matthews House: Empowering Youth Program $36,000 $20,000 $16,000 56% Neighbor to Neighbor: Housing Counseling $60,000 $32,500 $27,500 54% Neighbor to Neighbor: Rent Assistance $40,000 $39,011 $989 98% Project Self-Sufficiency: Services for Single-Parent Families $35,000 $30,000 $5,000 86% Packet Pg. 123 -4- Rehabilitation and Visiting Nurse Association: Home Health Care Scholarships $35,000 $25,000 $10,000 71% Respite Care Inc.: Childcare Scholarships $35,000 $30,000 $5,000 86% SAVA Center: Sexual Assault Victim Services $50,000 $22,000 $28,000 44% SummitStone Health Partners: Community Behavioral Health Treatment Program $68,010 $25,000 $43,010 37% SummitStone Health Partners: Mental Health Services at the Murphy Center $26,117 $18,000 $8,117 69% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $48,500 $11,500 81% Team Wellness and Prevention (Formerly Team Fort Collins): Define Youth $50,000 $0 $50,000 0% The ARC of Larimer County: Families in Action $10,000 $0 $10,000 0% The Center for Family Outreach: Low-Income Youth Scholarship Program $15,000 $8,000 $7,000 53% The Family Center/La Familia: Scholarship Program $50,000 $40,000 $10,000 80% Turning Point Center for Youth and Family Development: Crisis Intervention Services $25,000 $12,500 $12,500 50% Volunteers of America: Home Delivered Meal Service $35,000 $31,000 $4,000 89% Public Service Total $1,453,263 $809,857 $643,406 56% Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 124 -1- ORDINANCE NO. 062, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City will receive in federal fiscal year 2016-2017 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds totaling $949,887; and WHEREAS, the City has received unanticipated CDBG program income in the amount of $251,749; and WHEREAS, the City also has unprogrammed CDBG 2015-2016 funds ($286,393) and unprogrammed CDBG 2014-2015 funds ($3,684) that will be reprogrammed to the 2016-2017 competitive process; and WHEREAS, Article V, Section 9, of the City Charter permits 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, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, City staff has determined that the appropriation of all unanticipated CDBG grant and program revenue as described herein will not result in total appropriations in excess of the current estimate of actual and anticipated revenues for fiscal year 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2016-2017 into the Community Development Block Grant Fund, the sum of NINE HUNDRED FORTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-SEVEN DOLLARS ($949,887), upon receipt thereof for federal fiscal year 2016 -2017 Community Development Block Grant projects. Section 3. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof into the Community Development Block Grant Fund, the sum of TWO HUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED FORTY- Packet Pg. 125 -2- NINE DOLLARS ($251,749), for approved Community Development Block Grant projects. Section 4. That the unexpended and unencumbered amount of TWO HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED NINETY-THREE DOLLARS ($286,393) is hereby authorized for transfer from the 2015-2016 Community Development Block Grant Program to the 2016-2017 Community Development Block Grant Program and appropriated therein. Section 5. That the unexpended and unencumbered amount of THREE THOUSAND SIX HUNDRED EIGHTY-FOUR DOLLARS ($3,684) is hereby authorized for transfer from the 2014-2015 Community Development Block Grant Program to the 2016-2017 Community Development Block Grant Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 126 -1- ORDINANCE NO. 063, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities that would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City has been notified by HUD that the City’s HOME Participating Jurisdiction Grant for the federal fiscal year 2016-2017 is $539,676; and WHEREAS, the City also received unanticipated HOME Program program income in the amount of $427,451; 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, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2016 fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the fiscal year until the expiration of the federal grant. 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. Packet Pg. 127 -2- Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2016-2017 in the HOME Program Fund the sum of FIVE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED SEVENTY-SIX DOLLARS ($539,676), upon receipt from federal fiscal year 2016-2017 HOME Participating Jurisdiction Grant Funds. Section 3. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fu nd the sum of FOUR HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED FIFTY-ONE DOLLARS ($427,451), for approved HOME Program projects. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 128 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF John Voss, Controller/Assistant Financial Officer Lisa Rosintoski, Utilities Customer Connections Manager SUBJECT Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. First Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. The purpose of this item is to update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have formal procedures in place in order to assume o wnership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but they are in need of updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee reviewed these changes as found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The City holds primarily three types of unclaimed intangible personal properties: uncashed checks, credit balances on utility customer accounts, and unclaimed construction related deposit escrows. Average annual amounts that go unclaimed are about $60,000 on 180 checks not cashed and $43,000 from credit balances on 950 Utility customer accounts. Unclaimed construction deposit escrows are uncommon. The proposed new process is summarized as follows: After 1 year without the owner claiming the property, the property is presumed abandoned 9 Packet Pg. 129 Agenda Item 9 Item # 9 Page 2 Notices then distributed o All abandoned properties will be listed on city website fcgov.com o Letters written to last known address of owner for amounts $125 or more, or emailed if known Claimants have 1 year to file proof of claim If proof of claim is not filed timely, the intangible personal property is forfeited to the City Staff plans to initiate the notification process in batches once a year. Upon the forfeiture of the property the fund holding the assets retains them for purposes of that fund, except for utility funds. Forfeited property held by the utility funds will be transferred to the Payment Assistance Program. Since the Council Finance Committee reviewed at its April 18th meeting these proposed changes to the disposition procedures for intangible personal property, the provisions of Ordinance No. 064, 2016, have been revised. This Ordinance has been revised to further clarify how intangible personal property seized or otherwise acquired by the City through its law enforcement activities or delivered to the City, usually to Police Services, by persons who have found lost or abandoned property, which is often money, will be disposed of under the Ordinance. Section 23-131 has been revised to make it clear that intangible personal property seized or otherwise acquired in the City’s law enforcement activities will not be subject to disposition under this Ordinance unless and until the property is no longer needed for law enforcement purposes, it is not being disposed of within the law enforcement process, and the property remains unclaimed by the own er of the property. In such event, the property is to be disposed of in accordance with the same procedures set out in the Ordinance for other intangible personal property. Section 23-138 has been added to address the disposition of lost and found proper ty. By its nature, lost and found property has two possible claimants to ownership: the owner of the property at the time it was lost or abandoned by that owner and the person finding the property. Under the laws governing property rights, if the original owner does not claim the property, the finder is entitled to claim ownership of it. The procedures in Section 23-138 provide for a shorter 90-day notice period than for the other kinds of intangible personal property in the City’s possession and recogni ze the finder’s claim to ownership if the original owner does not come forward to claim the property. If neither the original owner nor the finder claims the property, the ownership of the property is forfeited to and vested in the City. The second recommended Ordinance (No. 064) amends the provisions of Chapter 26 – Utilities to provide that utility funds that are unclaimed and forfeited under Chapter 23 will be directed to the Utilities’ Payment Assistant Program (the “Program”). The purpose of the Program is to provide financial assistance to residential utility customers experiencing financial hardship in order to maintain utility services. The Program has been in existence since 2004 and qualifies as an “Alternative Energy Assistance Program” under the Colorado Low-Income Energy Assistance Act (the “Act”) created under CRS §40-8.7 101, et seq. The Act requires investor-owned utilities to contribute unclaimed funds to a state low-income energy assistance program and permits municipal utilities to create a local payment assistance program in lieu of contributing to the state fund. The Program financial criteria provides temporary assistance to residential utility customers experiencing financial challenges, including but not limited to seniors on fix ed incomes, disabled customers, and low-income individuals. CITY FINANCIAL IMPACTS Forfeited monies held by the Utility Funds will be used in the Payment Assistance Program. All others will be retained by the fund holding the forfeited intangible personal property. The annual amount of all forfeited intangible personal properties is about $100,000. Spending these monies shall remain subject to City Council Appropriation. 9 Packet Pg. 130 Agenda Item 9 Item # 9 Page 3 BOARD / COMMISSION RECOMMENDATION The Council Finance Committee approved the proposed changes to the Code at its meeting on April 18, 2016. In addition, Utilities staff presented the Low Income Assistance Program, which included the unclaimed funds proposal, to both Energy Board and Water Board on February 4, 2016, and February 18, 2016, respectively. In addition, Utilities staff presented the Low Income Assistance Program, which included the unclaimed funds proposal, to both Energy Board and Water Board on February 4, 2016, and January 21, 2016 , respectively, and they each recommended approval. ATTACHMENTS 1. Council Finance Committee Minutes April 18, 2016 (PDF) 2. Water Board Minutes January 21, 2016 (PDF) 3. Energy Board Minutes February 4, 2016 (PDF) 9 Packet Pg. 131 ATTACHMENT 1 Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Council Audit & Finance Committee Minutes 04/18/16 9:30 – 11:30 a.m. CIC Room Council Attendees: Mayor Wade Troxell, Gerry Horak Staff: Darin Atteberry, Mike Beckstead, John Duvall, Tiana Smith, Travis Storin, Claire Turney, Jeff Mihelich, Andres Gavaldon, Lance Smith, John Voss, Chris Parton, Kevin Gertig, Chris Donegon, Lisa Rosintoski, Lawrence Pollack Others: Mike Freeman (Innosphere), Dale Adamy Absent: Ross Cunniff Meeting started at 9:30 am APPROVAL OF MINUTES Gerry Horak made a motion to approve the March 22, 2016 Council Finance Committee minutes. Mayor Wade Troxell made a second to the motion. The minutes were approved unanimously. A. RMI – BUSINESS & REFINANCING UPDATE Mike Freeman presented an update on Innosphere operations. Purpose: attract new companies, help them grow and then support them. Main technology areas focused on: Health, Energy & Advanced Materials & Software & Hardware. From 2009-2015, 52 new companies graduated their program and created 1409 jobs in the local area. The 3 month onboarding program helps companies identify their risk factors, cash flow issues, competition, their market, etc. Update Item 1: In 2103, they took over Clean Launch program in Golden. In 2104 they opened an office in Denver. They are working on diversifying their funding in Fort Collins and Denver. Update Item 2: In 2016/2017 they expect to complete a building refinance. The URA/City of Fort Collins debt is set to be refinanced by Dec 2016. The outstanding debt amount is approx. $2.5M. The 9.1 Packet Pg. 132 Attachment: Council Finance Committee Minutes April 18, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 2 City currently has a $5.3M loan, with the refinancing, the City will get $2.5M in 2017-18 budget from Innosphere and then the remainder will be paid back by using TIF through the URA. Update Item 3: Revenue Diversification 2013- Implemented higher client fees 2014- Fundraising focus in Denver 2015- Developed corporate partner program 2015- Launched early exit program (taking a transaction fee or equity from select companies in the program) Wade Troxell question: Who is currently on the board now? Mike Freeman answered: The board is primarily made up of funders and community representatives. Gerry Horak question: Who determines the board? Mike Freeman: the bylaws determine this, the board size is capped at 20 people. Gerry Horak question: What is the bottom line? Mike Beckstead responded: RMI by itself is financially healthy with balanced revenue and expenditures. The North College URA has sufficient cash flow to repay the remaining $2.8M loan with the City. Darin Atteberry question: How do we let the Council know about this good work? Wade Troxell responded: other than the packet, not sure what else needs to be relayed. Gerry Horak also responded: He recommends a highlight report be prepared and the Finance Committee can report on RMI to the broader council during other business at a future council meeting. B. UTILITY CIP & LTFP REVIEW Lance Smith presented information on the Utilities’ 2016 Capital Improvement Plans (CIP) for each of the four Utility Enterprise Funds. This was an informational presentation that outlined the methodology for developing the CIP, the major capital requirements over the next 10 years, the capital expenditures by year compared with the recent average spending, how much revenue is available to support capital needs and the impact on fund balance. A comparison of recent rate increases and current rates of neighboring cities and next steps was also provided. Next steps include updating the Long Term Financial Plan (LTFP) for each utility to include capital expenditures and evaluate rate and debt issuance alternatives and impacts. Assumptions that will be included in the LTFP include:  Maintain adequate reserve balances  Maintain current credit ratings for each Enterprise Fund and the City  Avoid rate spikes by limiting rate increases to no more than 5% annually  Adjust rates if: o Previous 3 years have negative operating income o Debt coverage ratio is less than 2.0 9.1 Packet Pg. 133 Attachment: Council Finance Committee Minutes April 18, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 3 o Working Capital is forecasted to be below minimum required reserve within 5 years  Issue debt if: o Capital expenses are forecasted to exceed available reserves over the next 5 years Mike Beckstead comment: We have some unique challenges coming in order to figuring out how we balance rate increases with customer satisfaction and the infrastructure needs. Gerry Horak question: can there be a separate slide that compares the muni supplied utilities versus one another and excludes those supplied by private companies? Lance Smith responded: We will add that slide. Gerry Horak question: Can another slide be added to address what the parameters are that we are trying to meet/solve that leads to the assumptions? Lance Smith responded: we can add that slide. Gerry Horak question: How has the Utilities Department done this future modelling previously? Lance Smith responded: before the funds were treated as completely separate. They are now trying to look at all Utilities as a whole. Kevin Gertig comment: We are also coordinating with all of the Utilities to prioritize the improvements needed to stay below the goal of no more than a 5% annual rate increase. Wade Troxell question: How much in the Fort Collins current rate structure is related to the climate action plan? Any rate increase that comes, that might be stated as a reason for the cause. Whereas the potential rates increase need is actually part of normal operating costs. Darin Atteberry comment: we have a challenge to better communicate how the climate action plan is involved with the rate increase and that it is not driving them. We need an explanation for critical business needs versus the climate action plan needs. Mike Beckstead comment: We will develop a layering effect to rates from 1) PRPA purchased power, 2) operational cost of service increases, 3) capital/infrastructure needs, and 4) capital/infrastructure needs that support the climate action plan. Gerry Horak questions: what are the drivers for the cost? Are there any choices for level of service? What other options are we looking at instead of using a rate increase? Lance Smith responded: we will address these questions before coming back to Council with the next phase of this pro cess. C. CML TAX CODE DEFINITIONS Tiana Smith presented information on a proposed update to the Tax Code definitions that will be presented in early fall of 2016. The actual document will be presented in the future. This is a state-wide effort to address inconsistencies of Tax Code definitions between cities across Colorado. This has been a 2 year process working with the Colorado Municipal League (CML) and the City of Fort Collins’ Attorneys that is culminating in the fall of 2016. Having consistency across the State will help with comparisons between the Cities and will be less confusing for citizens and entities across the State. 9.1 Packet Pg. 134 Attachment: Council Finance Committee Minutes April 18, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 4 Next steps:  Fort Collins has provided 2 rounds of feedback to CML  Waiting to see finalized version of tax code definitions  City Attorney’s office will be reviewing new definitions for any legal issues  New definitions will be brought to Council Finance in Q3 timeframe and upon approval to Council in Q4 for adoption. Wade Troxell comment: I appreciate that you are working with CML to keep that relationship. D. UMCLAIMED FINANCIAL ASSET: RECOMMENDED CODE MODIFICATIONS John Voss, Lisa Rosintoski and John Duval presented a proposed changed to unclaimed and abandoned intangible personal property. The existing code needs to be updated to meet current needs/definitions. This addresses uncashed checks, credit balances unclaimed on Utility customer accounts and unclaimed construction related deposit escrows. Summary of steps: 1. After 1 year without being claimed, the property is presumed abandoned 2. Notices then distributed a. Will be listed on City website b. Letters written to last known address for amounts $125 & over 3. Claimants have 1 year to file proof of claim 4. If proof of claim not timely filed, the intangible property is forfeited to the City. 5. Upon the forfeiture of the property the fund holding the assets retain them for purposes of that fund, except for utility funds. Forfeited property held by the utility funds will be transferred to the Payment Assistance Program. The proposed date for the first reading is May 17, 2016. This proposed date was approved by Wade Troxell & Gerry Horak. OTHER BUSINESS: Mike Beckstead advised the Committee that there is a very full calendar over the next few months given the number of topics maturing together. An additional meeting of the Committee may be needed to allow timely review of all topics. Subsequent to this meeting, a separate meeting was scheduled for June 1, 2016 at 7:00 am in the CIC room at City Hall. Meeting Adjourned at 10:50 am 9.1 Packet Pg. 135 Attachment: Council Finance Committee Minutes April 18, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 1 Water Board Minutes January 21, 2016 Fort Collins Utilities Water Board Minutes Thursday, January 21, 2016 Water Board Chairperson City Council Liaison Steve Malers, 970-484-1954 Wade Troxell, 970-219-8940 Water Board Vice Chairperson Staff Liaisons Rebecca Hill, 970-402-1713 Jon Haukaas, 970-221-6671 Carol Webb, 970-221-6231 ROLL CALL Board Present: Chairperson Steve Malers, Vice Chairperson Rebecca Hill, Board Members Michael Brown, Alexander Maas, Phyllis Ortman, Andrew McKinley, Lori Brunswig, Kent Bruxvoort, Duncan Eccleston, Jason Tarry, Brett Bovee OTHERS PRESENT Staff: Jon Haukaas, Carol Webb, Donnie Dustin, Lance Smith, Randy Reuscher, Lisa Rosintoski, Bonnie Pierce, Pete Iengo, Chris Donegon, Travis Paige, Eric Potyondy, Cyril Vidergar, Kevin Gertig Members of the Public: None Meeting Convened Chairperson Malers called the meeting to order at 5:30 p.m. Public Comment None Approval of December 17, 2015 Board Meeting Minutes Board Member Kent Bruxvoort moved to approve the minutes of the December 17 meeting. Board Member Michael Brown seconded the motion. Vote on the motion: It passed unanimously, 11-0, with 1 abstention.* *New Board Member Jason Tarry abstained Staff Reports (Attachments available upon request) Monthly Water Resources Report Water Resources Manager Donnie Dustin reported water demand was 97 % of projected. December was below average on temperature and above average on precipitation. Stream flows were high despite a dry autumn. Snowpack is decent. South Platte Basin was 110% of average; ATTACHMENT 2 9.2 Packet Pg. 136 Attachment: Water Board Minutes January 21, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 2 Water Board Minutes January 21, 2016 Joe Wright Reservoir was below average; Colorado-Big Thompson Project storage and Horsetooth Reservoir storage are still in good shape. Water supply outlook is good; no need for restrictions. Utilities Low Income Assistance Program Evaluation Recommendations (Attachments available upon request) Utilities Customer Connections Manager Lisa Rosintoski gave a summary of the Fort Collins Utilities (Utilities) Low Income Assistance program evaluation recommendations. Utilities staff evaluated existing low income utility customer assistance programs to redesign a program portfolio incorporating elements of energy efficiency, education, income criteria, convenience, as well as collaboration with other City programs and local non-profits. The goal is to implement a Low Income Assistance rate effective January 2017. Staff seeks Water Board’s support of the concept of an income-qualified rate. The presentation focused on program evaluation and suggested implementation strategy. Utilities Rate Analyst Randy Reuscher summarized utility customers’ costs as a percentage of income and criteria for customers to qualify for an income-qualified rate. Customers would be required to apply for the discount and meet qualifications. For customers at 165% of Federal Poverty Level (FPL): Electric, 35% discount; Water, 45% discount; Wastewater, 50% discount. Discussion Highlights Board members inquired about how the program could grow, based on the fact that Fort Collins has a higher level of poverty than that of the state, and inquired why Fort Collins’ is higher. Staff replied they hadn’t researched the statistics to that level. Rather, they focused on the community’s needs. Board members also inquired why Utilities researched offering this kind of reduced rate, and whether the amount of money requested for the income-qualified program will cover costs. Staff replied poverty exists in Fort Collins and 35% of students in Poudre School District qualify for free or reduced meals; requested funding for an income qualified rate (IQR) would cover program costs and come in part from Medical Assistance Program (MAP) reduced rate program funding, which will be phased out, and from the estimated $388,000 in unclaimed credits that would be rolled into the new program. (Note: Unclaimed credits dollar amount will likely decrease with the implementation of a thorough public noticing system.) Water Reclamation and Biosolids Discharge Permit Renewal (Attachments Available Upon Request) Water Reclamation and Biosolids Manager Jason Graham and Environmental Regulatory Specialist Bonnie Pierce summarized the permit and renewal process. City wastewater treatment facilities are issued discharge permits through the Colorado Discharge Permit System (CDPS), which is the state equivalent to the National Pollutant Discharge Elimination System (NPDES) permit program, a Clean Water Act program. The Colorado Water Quality Control Division issues, and re-issues, the permits every five years to ensure local water quality standards and goals are met. ATTACHMENT 2 9.2 Packet Pg. 137 Attachment: Water Board Minutes January 21, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 3 Water Board Minutes January 21, 2016 Staff described main issues and implications. The City submitted its permit application on April 19, 2013, and permits were public noticed on October 16, 2015 for a 30-day comment period. The City submitted comments and is operating on an administrative extension, and staff was told the state is reviewing the comments. Staff will provide updates at future meetings. Discussion Highlights Board members asked various questions about the permit process and regulations, and staff replied with insights about current issues, potential future issues, and opportunities. Michigan Ditch Tunnel Appropriation (Attachments Available Upon Request) Utilities Financial Strategic Planning Manager Lance Smith summarized the project, which must be completed in 2016 during the short construction season to ensure adequate water supplies exist for all obligations in 2017. Funds are required for repair of a piped section of the Michigan Ditch near Cameron Pass in eastern Jackson County, on state land. The Ditch is a critical part of the City’s water portfolio. It includes both open and piped sections, is approximately six miles long, and captures water from the upper part of the Michigan River basin. The Ditch transports water over Cameron Pass and into the Poudre River basin. Michigan Ditch diversions are stored in Joe Wright Reservoir for future release. The Ditch experienced a catastrophic failure in June 2015, when the mountainside on which the Ditch is constructed slid downhill several feet. As a result, the Ditch is not able to deliver the majority of the decreed water to Joe Wright Reservoir, which are released to meet City water supply needs either directly or by exchange. Repairing the Ditch and restoring deliveries to Joe Wright Reservoir is essential to ensure that the City fully utilizes its valuable Michigan Ditch supplies (value of $180 million in water rights). Engineering assessments have been completed; recommended mitigation is to construct a tunnel because it has the lowest risk of failure than other options. Cost of construction and associated activities is $7,540,000. Some money was appropriated in 2015 and 2016 for Michigan Ditch repairs with a remaining balance of $1.25 million to be applied toward construction. This appropriation ordinance is for the remaining $6.3 million of necessary funds. Tunnel boring is scheduled to begin in mid-June and will last approximately 40 days, to prepare for installation of a 60-inch carrier pipe. Staff recommends that the Water Board support this appropriation ordinance to be presented to the City Council for first reading on February 2, 2016. Discussion Highlights Board members inquired about various aspects of the project, including the cost of renting the tunnel boring machine ($1 million to rent, compared to $1.8 million to purchase a machine the City would not use again), and staff explained Water Fund Reserves appropriations. Staff clarified that many discussions have occurred among City leaders about where the project funds should come from. Board members also inquired about the future outlook for Water Funds ATTACHMENT 2 9.2 Packet Pg. 138 Attachment: Water Board Minutes January 21, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) ATTACHMENT 29.2 Packet Pg. 139 Attachment: Water Board Minutes January 21, 2016 (4356 : Unclaimed and Abandoned Intangible 1 Energy Board Minutes February 4, 2016 Fort Collins Utilities Energy Board Minutes Thursday, February 4, 2016 Energy Board Chairperson City Council Liaison Peter O’Neill, 970-288-4562 Ross Cunniff, 970-420-7398 Energy Board Vice Chairperson Staff Liaison Nick Michell, 970-226-9559 Tim McCollough, 970-416-2622 Roll Call Board Present: Chairperson Peter O’Neill, Vice Chairperson Philip Friedman, Board Members Greg Behm, Bob McDonald, Nick Michell, Margaret Moore, and Stacey Baumgarn (two vacancies) Staff Present: Tim McCollough, Lisa Rosintoski, John Phelan, Katherine Martinez, Lance Smith, Randy Reuscher, Chris Parton, Paul Sizemore, Jim Garcia, Bob Hover, Cyril Vidergar, Amy Lewin, and Emma Belmont Board Member Stacey Baumgarn joined the meeting at 5:38 p.m. Board Member Marge Moore joined the meeting at 5:39 p.m. Guests: Paul Davis/Platte River Power Authority, Members of the Public: Anna Garland, Eric Forbes Meeting Convened Chairperson Peter O’Neill called the meeting to order at 5:31 p.m. Public Comment None. Introduction of New Board Member The board welcomed new Board Member Bob McDonald, who is taking the position left vacant by Darrin Johnson’s resignation. His term expires December 31, 2018. Energy Board Vacancies The City Clerk’s Office is advertising two vacancies on the Energy Board. Candidate interviews are scheduled for late February, and appointments by City Council are expected in March. Approval of December 3, 2015 Board Meeting Minutes Board members requested minor revisions for clarity. Board Member Nick Michell moved to approve the December 3 minutes as corrected. Vice Chairperson Phil Friedman seconded the motion. ATTACHMENT 3 9.3 Packet Pg. 140 Attachment: Energy Board Minutes February 4, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 2 Energy Board Minutes February 4, 2016 Vote on the motion: It passed unanimously, 6-0.* *Board Member Marge Moore joined the meeting at 5:39 p.m. after minutes were approved. Staff Reports Energy Board Memo to Climate Action Plan (CAP) Update Chairperson Peter O’Neill inquired whether Climate Action Plan implementation teams offered any feedback on the Energy Board memo regarding CAP implementation suggestions. Staff replied there was not, but can make sure the question is submitted at the next meeting. Board Officer Nominations & Election Chairperson Pete O’Neill nominated himself to continuing to serve in this position. Assistant City Attorney Cyril Vidergar summarized the duties and responsibilities of Chairperson and Vice Chairperson. Vice Chairperson Phil Friedman expressed interest in continuing as in the position but stated he was open to others serving in the position; he withdrew his self-nomination when Board Member Nick Michell nominated himself for Vice Chairperson. The slate of Peter O’ Neill for Chairperson and Nick Michell for Vice Chairperson was approved unanimously by board members, 7-0. Electric Distribution System Presentations (Attachments available upon request) Long-Range Plan: Leidos 20-Year Planning Update Fort Collins is one of the fastest growing areas in the country. As the area expands and redevelops, the electric utility demands are experiencing a proportionate amount of load growth. Light & Power and the Planning Department are working with Leidos Engineering to perform three studies: (1) Urban Growth Area Load Density Assessment (Phase 1), (2) Circuit Requirements Study based on the Urban Growth Area Load Density Study, (3) 20-Year Electrical Distribution System Plan. Light & Power Operations Manager Tim McCollough stated a long-range plan is new for L&P. The 20-year plan is a piece of Light & Power Capital Improvement Plan and will serve to ensure the system can accommodate electric load growth, ensure infrastructure additions are planned and budgeted, develop a “system plan” as a “living model” -- to allow for revisions as energy technologies evolve -- and is a 20-year financial projection (about $3 million in capital costs per year for $60 million total by the end of 20 years.) Discussion Highlights Board members inquired about various aspects of the plan, including solar production; staff explained how they’re able to estimate load and capacity. McCollough commented the northwest and northeast areas of the city will need additional substation capacity, and summarized expected repairs, maintenance, and additions for the entire city. Light and Power Reliability Improvements Light and Power (L&P) Operations Manager Tim McCollough summarized the Utilities L&P Operations reliability improvement efforts, opportunities, and accomplishments. Electric service ATTACHMENT 3 9.3 Packet Pg. 141 Attachment: Energy Board Minutes February 4, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 3 Energy Board Minutes February 4, 2016 reliability is increasingly important to all types of electric customers. Electric service reliability is useful in attracting new economic development and retaining existing industrial customers. Fort Collins Utilities has a long track record of high performance in electric service reliability. Utilities’ worst quarter of reliability performance is still twice as good as the national average. To customers, reliability means multiple things: power quality, few interruptions, and quick restoration of service. L&P has metrics to measure each of those aspects of reliability; the metric focused on in the presentation is SAIDI: System Average Interruption Duration Index. Financial Analyst Chris Parton summarized the asset management planning process, which includes asset data collection, dynamic risk register, asset management plans, capital improvement plans, and strategic financial plans. The current Capital Improvement Plan is the first for Light & Power and consists of growth-related projects, annexations, renewal of existing infrastructure, and asset management plans. Discussion Highlights Board members inquired about various aspects of reliability, including frequency of inspections; staff replied L&P now has a schedule to inspect every piece of equipment. A thorough asset condition assessment is planned for 2016. Board members also inquired about lifetime reliability models and expressed hope for a systematic approach. Staff replied they’ve reviewed failure data and are targeting investments for reliability. Utilities Low Income Assistance Program Utilities Customer Connections Manager Lisa Rosintoski summarized the low-income assistance program evaluation, data driven recommendations, and a proposed implementation strategy that involves collaboration with other City programs and local non-profits. The goal is to implement a Low Income Assistance rate effective January 2017. Staff asked for the Energy Board’s support for the concept of an income-qualified rate. In 2014 a comprehensive low-income program review was completed, resulting in a scenario recommendation that would guide implementation efforts. In 2015, a project team was formed to examine the recommendations and develop an implementation plan. The team has incorporated elements of energy efficiency, education, income qualification, convenience and accessibility, internal and local non-profit collaboration, and creative funding into the proposed solutions. In consideration of the 2014 recommendations and subsequent planning and development, staff recommends four priority improvements that require City Council approval to drive the successful implementation of an integrated low-income assistance program: (1) transition existing unclaimed Utilities funds (2) transition annual unclaimed Utilities funds (3) propose an Income Qualified Rate (IQR) for customers to receive a discounted Utilities rate. Remaining on IQR will require a once-per-year requalification process that will be managed with an extensive customer outreach campaign. (4) Discontinue the medical assistance program rate in a phased manner, since data supports the majority of participants will qualify for the greater benefits allocated through IQR. Utilities Rate Analyst Randy Reuscher summarized criteria for customers to qualify for an income-qualified rate. Customers would be required to apply for the discount and meet ATTACHMENT 3 9.3 Packet Pg. 142 Attachment: Energy Board Minutes February 4, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) 4 Energy Board Minutes February 4, 2016 qualifications. For customers at 165% of Federal Poverty Level (FPL): Electric, 35% discount; Water, 45% discount; Wastewater, 50% discount. Discussion Highlights Board members inquired about customers participating in efficiency and conversation programs. Staff replied criteria would include an energy audit after one year, and if receiving temporary assistance, customer would be required to watch a 10-minute video or have a conversation with staff about efficiency and conservation. Board members also inquired about how staff will implement the program. Staff replied that as soon as City Council approves the rate ordinance, they will execute the marketing efforts. Other inquiries involved concern about customers who aren’t able to quality for Utilities’ programs (other assistance programs are available), and statistics based on census data (the best data available) rather than customer’s specific income information. Energy Board members agreed on support for the Utility Low Income Assistance Program and will write a memo of support to City Council at a later date when staff requests it. Transportation – West Elizabeth Corridor Plan (Attachments available upon request) FC Moves Program Manager Paul Sizemore introduced Senior Amy Lewin and Transfort Transit Planner Emma Belmont to summarize the West Elizabeth Corridor Plan. The West Elizabeth corridor has been identified in the Transportation Master Plan as part of a citywide network of Enhanced Travel Corridors (ETCs) – uniquely designed corridors with an emphasis on high- frequency transit, bicycling and walking. The West Elizabeth ETC Plan will develop a short- and long-term vision for the corridor based on an understanding of the transportation, land use, environmental, economic and social needs of the area. Traffic on West Elizabeth varies from 4,400 on the west end to 18,000 on the east end near Colorado State University. This corridor has a higher ridership (5,000) than MAX (on Mason Street), and sometimes 100 students at a time wait at the bus stop near King Soopers at South Taft Hill Road and West Elizabeth Street. Vision highlights include: Be unique and adaptable to the distinctive characteristics of each corridor segment; Be safe and comfortable for all users; Encourage and prioritize public transportation and active transportation options; Support the interconnectivity of all modes; Be a beautiful and vibrant environment. Discussion Highlights Board members discussed various project aspects, including project cost, timeline, and how traffic on West Elizabeth compares to the Harmony corridor. Staff is working on specific implementation details. Some aspects of the plan can be paid by funds within the Transportation Master Plan, and other aspects may be funded through the City’s Budgeting for Outcomes (BFO) process for the 2017-18 budget cycle. This agenda items is scheduled for a City Council Work Session on March 10, and will go to City Council in July. Staff will return to Energy Board with an update and request for action at that time. ATTACHMENT 3 9.3 Packet Pg. 143 Attachment: Energy Board Minutes February 4, 2016 (4356 : Unclaimed and Abandoned Intangible Personal Property) ATTACHMENT 39.3 Packet Pg. 144 Attachment: Energy Board Minutes February 4, 2016 (4356 : Unclaimed and Abandoned Intangible -1- ORDINANCE NO. 064, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-130 OF THE CODE OF THE CITY OF FORT COLLINS AND ADDING A DIVISION 4 TO ARTICLE IV IN CITY CODE CHAPTER 23 TO PROVIDE NEW PROCEDURES FOR THE CITY’S DISPOSITION OF UNCLAIMED AND ABANDONED INTANGIBLE PERSONAL PROPERTY WHEREAS, the City and its various service areas, utilities, departments and divisions routinely acquire possession of personal property owned by others; and WHEREAS, this property is both tangible personal property (i.e., bicycles, equipment and similar items having a physical existence) and intangible personal property (i.e., money owed, utility deposits and similar property having a value unrelated to any physical existence); and WHEREAS, when both tangible and intangible personal property owned by others comes into the City’s possession and remains unclaimed by the owner, the City is currently required to dispose of this property using the same procedures set out in City Code Section 23-130; and WHEREAS, staff is recommending that Section 23-130 be updated to provide separate disposition procedures for tangible and intangible personal property because of the different natures of these two types of property and the differences in the ways that the City typically acquires possession of these properties; and WHEREAS, this Ordinance sets forth the new procedures that will be followed for the City’s disposition of unclaimed or abandoned intangible personal property; and WHEREAS, without the current disposition procedures in Section 23-130 or the new procedures in this Ordinance, the City would be required to periodically deliver such unclaimed and abandoned intangible personal property to the Colorado State Treasurer for disposition in accordance with the Colorado Unclaimed Property Act in Article 13 of Title 38 of the Colorado Revised Statutes (the “Act”); and WHEREAS, the City Council finds that the adoption of this Ordinance is in the City’s best interest and will contribute to the fair and efficient administration of the City’s disposition of intangible personal property coming into its possession that remains unclaimed or has been abandoned by the owner; and WHEREAS, the City Council also hereby determines that it intends, in the exercise of the City’s home rule authority and as authorized in C.R.S. Section 38-13-134, that the disposition procedures for unclaimed and abandoned intangible personal property set forth in this Ordinance shall supersede and replace in all respects any and all conflicting provisions in the Act. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 145 -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 23-130 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-130. - Disposition of lost, abandoned or other unclaimed property. Except as otherwise specifically provided for by law, by Division 4 of this Article, or by other ordinance, any property seized or otherwise obtained by the City and not sold or destroyed as perishable, hazardous or illegal property and which property has not been claimed by or surrendered to the rightful owner may be disposed of in the following manner: . . . Section 3. That Chapter 23, Article IV is hereby amended by the addition of a new Division 4 which reads in its entirety as follows: Division 4 Intangible Personal Property Sec. 23-131 Applicability. This Division shall only be applicable to property the City acquires in the ordinary course of the City’s operations, excluding property seized or otherwise acquired by the City in connection with a criminal investigation conducted by City law enforcement officials that is being held in connection with the investigation or any resulting prosecution except as set forth in this Section. Once such criminal investigation property is no longer needed for the investigation or any resulting prosecution, if the property is not to be disposed of as required by a court order issued in the prosecution or as required by the abatement of public nuisance provisions in Part 3 of Article 13 of Title 16 of the Colorado Revised Statutes, and the property remains unclaimed by the owner, said property shall be deemed abandoned as provided in §23-133(a) and disposed of in accordance with the applicable provisions of this Division. Sec. 23-132 Definitions. The following words, terms and phrases when used in this Division shall have the meaning given to them in this Section, unless the context requires otherwise: Financial Officer shall mean the City’s Financial Officer or such person’s designee. Lost property shall mean property that has been lost or abandoned by the owner and found by another person and that person has delivered the property to the City for the owner to claim. Packet Pg. 146 -3- Last-known address shall mean the most recent address in the City’s records sufficient for the delivery of mail to the owner. Owner shall mean the person whose name appears in the City’s records as the person entitled to property held, issued, or owing by the City or such other person that may be known to the Financial Officer as potentially entitled to ownership of such property. Person shall mean an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity. Potentially entitled to ownership of property shall mean having a claim to property as the depositor in the case of a deposit or a creditor, claimant, or payee in the case of other intangible property; the owner of lost property; the finder of lost property; or by having demonstrated any other legal or equitable interest in the property. Property shall mean all moneys, checks, drafts, deposits, account credits, overpayments, unused advance payments, refunds, rebates, uncollected remittances, and any other intangible personal property. Utilities shall mean the City’s electric, water, wastewater, stormwater, and any other utilities established under the Charter or Code. Sec. 23-133 Property presumed abandoned. (a) Except as provided by paragraphs (b) and (d) of this Section, all property that is held, issued, or owing in the ordinary course of the City’s operations and has remained unclaimed by the owner for more than one (1) year after it became owing, payable, or distributable, less any offsets authorized in §23-136, is presumed abandoned. (b) Any unused utility deposit, unused advance payment paid to and held by the utilities for utility services to be furnished, and any other unused customer account credit owing by utilities that remains unclaimed by the owner for more than one (1) year after termination of the utility service to which the deposit, advance payment, or account credit pertains, less any offsets authorized in §23-136, is presumed abandoned. (c) Property is owing, payable, or distributable for the purposes of this Division notwithstanding the owner’s failure to make demand or to present to the City any instrument or document required to receive payment from the City. (d) Lost property shall not be presumed abandoned, but shall be disposed of in accordance with the requirements of §23-138. Sec. 23-134 Notice of abandoned property. Packet Pg. 147 -4- (a) When the Financial Officer determines that property is presumed abandoned under §23-133, the Financial Officer shall cause the following notices to be provided regarding that property: (1) There shall be posted on the City’s website and easily accessible for public inspection, an alphabetical list of the names of the owners of abandoned property with a general description of the abandoned property corresponding to each name and this posting for the property shall remain on the City’s website until the property is disposed of pursuant to this Division; and (2) There shall be sent by first-class mail to the last-known addresses of the owners a written notice advising them of the property the City holds that is presumed abandoned under this Division. However, a notice need not be mailed to an owner if the value of the property is less than one hundred and twenty five dollars ($125). In addition, if the City has in its records an email address for the owner, the notice shall be emailed to that address regardless of the value of the property. (b) The notices required in paragraph (a) of this Section shall include the following additional information: (1) a statement that information concerning the property may be obtained by any person possessing an interest in the property by sending or making an inquiry to the Financial Officer at a stated mailing address, email address, and telephone number, each established by the Financial Officer for responding to such inquiries; (2) a statement that any person claiming an interest in the property must timely file a proof of claim with the Financial Officer as required in §23-135 and a statement of the final date by which it will be considered timely filed under §23- 135; and (3) the proof of claim form required to be filed under §23-135, which form shall be printable and downloadable from the City’s website. Sec. 23-135 Filing proof of claim and Financial Officer’s decision. (a) A person claiming an interest as an owner of any property presumed abandoned under this Division shall file with the Financial Officer a completed proof of claim on a form prescribed by the Financial Officer. That form must be filed with the Financial Officer not more than one (1) year after the later of: (i) the date of the initial posting of the notice on the City’s website, and (ii) the date of the mailing of the written notice, as both are required under §23-134. If helpful to identify the claimant as the owner of the abandoned proper or if needed for tax purposes, the Financial Officer may require the claimant to include on the proof of claim form his or her social security number or its Packet Pg. 148 -5- federal employer identification number, as applicable. The social security number or federal employer identification number shall be kept confidential by the City to the full extent permitted by law. (b) The Financial Officer shall consider each claim and give written notice within ninety (90) days after the filing of the claim to the claimant if the claim is denied in whole or part or if the Financial Officer intends to seek a judicial determination as provide in paragraph (d) of this Section. The notice may be given by sending it by fir st- class mail to the mailing address and to the email address stated in the proof of claim by the claimant as the addresses to which such notice is to be sent. No notice of denial need be sent to claimant if the proof of claim fails to state mailing and email addresses to which such notice is to be sent to the claimant. (c) If the claim is allowed by the Financial Officer, the City shall pay over or deliver to the claimant the property, but less any offsets authorized in §23-136. The Financial Officer may condition such delivery to the claimant by requiring the claimant to provide the City with such signed written releases and indemnification agreements as the Financial Officer determines are reasonably necessary to protect the City from future claims of other persons claiming ownership to the property. (d) If the Financial Officer receives more than one conflicting claim to any property or if the Financial Officer determines, after consultation with the City Attorney, that it is in the City’s best interest to seek a judicial determination concerning any claim, the City Attorney is authorized to seek that judicial determination by filing an action in either Larimer County District Court or in Municipal Court. (e) A claimant aggrieved by a decision of the Financial Officer or whose claim has not been acted upon by the Financial Officer within ninety (90) days after the person’s filing of a proof of claim under this Section, may bring an action in Larimer County District Court or in Municipal Court to establish the claim, naming the City as a defendant. The action must be brought within one hundred eighty (180) days after the Financial Officer’s decision or within one (1) year after the person’s filing of the proof of claim if the Financial Officer has failed to act on it. Sec. 23-136 City offsets and interest. The Financial Officer may offset from any monetary amount owed and paid to a claimant under §23-135 any fees, charges, taxes, fines, penalties, interest, costs, and any other amounts owed to the City by the claimant under any contract with the City, under this Code, or under any other law. The City shall have no obligation to pay to the owner and the owner shall have no right to receive any interest on any property paid or distributed to the owner pursuant to this Division. Sec. 23-137 Forfeiture, use and sale of abandoned property. Packet Pg. 149 -6- (a) If a proof of claim for property presumed abandoned under §23-133, and for which the notices required by §23-134 have been provided, is not timely filed with the Financial Officer as required by §23-135(a), the property shall be deemed forfeited to the City and ownership and title to that property shall vest in the City. Such forfeiture and vesting of ownership and title shall occur as of the day immediately following the last day for the filing a proof of claim under §23-135(a). In such event, the City may retain the property for its own use or sale the property as provided in paragraphs (c) and (d) of this Section. (b) When a proof of claim has been timely filed under §23-135 and the Financial Officer has either not timely issued a decision concerning the claim or issued a decision denying the claim in whole or part, the claimant’s failure to file an action in Larimer County District Court or Municipal Court within the applicable time period required in §23-135(e) in order to establish that claim, the property shall be deemed forfeited to the City and ownership and title to that property shall vest in the City. Such forfeiture and vesting of ownership and title shall occur as of the day immediately following the claimant’s last day for filing a judicial action to establish the claim not acted on or denied by the Financial Officer under §25-135(e). In such event, the City may retain the property for its own use or sale as provided in paragraphs (c) and (d) of this Section. (c) If the forfeited property is money or is easily converted to cash, the City may retain and use these monies for the purposes authorized for the City fund within which these monies are deposited and accounted for or for any other purpose authorized by City Council, unless the forfeited property was being held by any of the utilities. The funds from utilities-held property shall be deposited in the account of the Utilities Payment Assistance Program established in §26-722 and used for the purposes authorized in that Section. (d) If the forfeited property is not money or is not easily converted to cash, the Financial Officer shall sell the property to the highest bidder at a public sale or sell by using a regulated market or exchange, using the method that in the judgment of the Financial Officer is most favorable to the City. The Financial Officer may decline the highest bid and reoffer the property for sale if in the judgment of the Financial Officer the bid is insufficient. If in the judgment of the Financial Officer the probable cost of sale exceeds the value of the property, it need not be offered for sale. If the property is to be sold at a public sale rather than through a regulated market or exchange, that sale must be preceded by a single publication of notice, at least three (3) weeks before sale, in a newspaper of general circulation in the county where the property is to be sold. The proceeds from the sale of property under this paragraph (d) may be used by the City for any purpose authorized by City Council, unless the property sold was being held by any of the utilities. The proceeds from the sale of utilities-held property shall be deposited in the account of the Utilities Payment Assistance Program established in §26-722 and used for the purposes authorized in that Section. Packet Pg. 150 -7- (e) The purchaser of property at any sale conducted by the Financial Officer under this Section takes the property free of all claims of any and all owners of the property and of all persons claiming through or under them. The Financial Officer shall execute all documents necessary to complete the transfer of ownership of the property to the purchaser. Sec. 23-138 Lost property. (a) When lost property is delivered to the City, the Financial Officer shall cause to be posted on the City’s website in a manner readily accessible by the public a written notice concerning the lost property. The notice shall generally describe the lost property and be posted on the City’s website for a period of not less than ninety (90) days. Also posted with the notice shall be a printable and downloadable proof of claim form prescribed by the Financial Officer. The notice shall also state the date by which a proof of claim must be filed with Financial Officer as required in paragraph (b) of this Section. (b) Any person claiming to be the owner of the lost property, including the person finding and delivering the lost property to the City, must file a completed proof of claim with the Financial Officer on or before the date stated in the notice posted under paragraph (a) of this Section. Within sixty (60) days after that date, the Financial Officer shall consider each proof of claim timely filed and take one of the following actions: (1) If the Financial Officer determines that any of the claimants is the person who owned the lost property at the time it was found, the Financial Officer may deliver the lost property to that claimant; (2) If the Financial Officer determines that none of the claimants is the person who owned the lost property at the time it was found, the Financial Officer may deliver the lost property to the claimant who found and delivered the lost property to the City; or (3) If the Financial Officer determines, after consultation with the City Attorney, that it is in the City’s best interest to seek a judicial determination concerning any claim or conflicting claims, the City Attorney is authorized to seek that judicial determination by filing an action either in Larimer County District Court or in Municipal Court. (c) Before delivering the lost property to a claimant as provide in subparagraphs (1) and (2) of paragraph (b) of this Section, the Financial Officer may require the claimant to provide the City with such signed written releases and indemnification agreements as the Financial Officer may determine are reasonably necessary to protect the City from future claims of other persons claiming ownership to the lost property. (d) In the event no proof of claim is timely filed with the Financial Officer in accordance with this Section, the lost property shall be deemed forfeited to the City and ownership and title to the lost property shall vest in the City. Such forfeiture and vesting Packet Pg. 151 -8- shall occur as of the day immediately following the last day for the filing of a proof of claim as provide in paragraph (b) of this Section. In such event, the City may retain the lost property for its own use as provided in paragraph (c) of §23-137 or sell the lost property as provided in paragraphs (d) and (e) of §23-137. (e) Any person who finds lost property while performing his or her duties as a City employee shall not be considered as the finder of lost property under this Section and any legal rights to ownership of that lost property that might accrue to the City employee shall be deemed to be the City’s ownership rights as the employee’s employer. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 152 -1- ORDINANCE NO. 065, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS CODIFYING THE UTILITIES PAYMENT ASSISTANCE PROGRAM AND AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE EXPENDITURE OF AMOUNTS DONATED TO THE PROGRAM AND FORFEITED UNCLAIMED AND ABANDONED INTANGIBLE PERSONAL PROPERTY HELD BY THE UTILITIES PURSUANT TO DIVISION 4, ARTICLE IV OF CHAPTER 23 OF THE CODE WHEREAS, in 2004, the City began a utility payment assistance program for the City’s residential electric and water service customers who meet certain financial criteria, known as the Payment Assistance Program (the “Program”); and WHEREAS, the purpose of the Program is to provide financial assistance to residential utility customers experiencing a financial crisis so they may remain current with their utility bills and avoid the shut-off of utility services; and WHEREAS, the Colorado Low-Income Energy Assistance Act, codified at Colorado Revised Statutes Sections 40-8.7-101 et seq., requires investor-owned utilities to contribute to a state low-income energy assistance payment program (LEAP), and calls for municipal utilities to create their own local payment assistance programs; and WHEREAS, the Program qualifies as a local energy assistance payment program under the Low-Income Energy Assistance Act; and WHEREAS, the City administers the Program through a services agreement with a third party -- Catholic Charities Northern from January 2004 through 2015, and currently Energy Outreach Colorado; and WHEREAS, until recently, the City has funded the Program exclusively through donations from Fort Collins Utilities customers, and beginning in 2016, the Program has also received matching funds from Energy Outreach Colorado, with one hundred percent of the funds donated being used to administer emergency financial assistance for City utility customers; and WHEREAS, the Program financial criteria direct temporary residential assistance to financially-challenged customers who have received a past due utility bill notice, including but not limited to seniors on fixed incomes, disabled customers, and low-income individuals; and WHEREAS, the Program grew from helping 218 customers with $16,680 in donations in 2004, to the current five-year average (for 2011 through 2015) of helping 339 customers annually with approximately $36,475 in annual donations; and WHEREAS, in recent years, a continual increase in the number of utility customers seeking utility bill assistance has out-paced the annual rate of donations to the Program; and Packet Pg. 153 -2- WHEREAS, consistent with the Unclaimed Property Act and Unclaimed Utility Deposit Act, codified at Colorado Revised Statutes Section 38-13-101 et seq., and Section 40-8.5-106, respectively, the City has adopted in Division 4 of Article IV of the City Code Chapter 23 procedures for the disposition of unclaimed and abandoned intangible personal property held by Utilities, such as account credit balances, escrows, overpayments, and deposits (“Unclaimed Property Procedures”); and WHEREAS, pursuant to the Unclaimed Property Procedures, the funds coming from the utility service account credit balances, escrows, overpayments, deposits, and other intangible personal property held by Utilities that are forfeited after the property owner is given notice and a significant period of time to claim the property, are transferred to the Program account and become available for Program purposes, along with direct donations and other funds; and WHEREAS, the Council desires to codify and authorize the Utilities Executive Director to administer the Program in accordance with the guidelines and criteria described herein; and WHEREAS, the Council further desires to codify and authorize the amount and methods for funding the Program, including the use of monies received through the Unclaimed Property Procedures, as described herein; and WHEREAS, if the rate of donations, transfers under the Unclaimed Property Procedures, and other financial contributions to the Program exceed customer demand for payment assistance, Council may authorize use of Program funds for other purposes that advance utility conservation and efficiency programs for low-income customers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council hereby finds that a Utility Payment Assistance Program administered by the City, directly or through a third party, to assist residential customers that meet certain financial criteria to remain current with City utility bills serves important utility purposes and objectives, including but not limited to reducing administrative expenses associated with billing, collection, and shut-off activities; reducing sudden system demand increases upon reconnection of services to customer premises; and stabilizing demand on other City and regional utility public assistance programs. Section 3. That the Utilities Executive Director is hereby authorized to administer said Utility Payment Assistance Program directly or through a third party in a manner consistent with the methods described herein. Section 4. That Section 26-1 of the Code of the City of Fort Collins is hereby amended by the adoption of a new definition “Payment assistance program” which reads in its entirety as follows: Packet Pg. 154 -3- Payment assistance program shall mean a financial assistance program implemented by the utilities to provide temporary financial assistance to qualified utility customers in paying utility service account balances, funded by donations from other City utility customers, unclaimed funds held by the utilities forfeited to the City under Division 4 of Article IV of Chapter 23 of the Code, and such other funds as may be made available for such purposes from time to time. Section 5. That Chapter 26, Article XII of the Code of the City of Fort Collins, is hereby amended by the addition of a new Section 26-722 which reads in its entirety as follows: Sec. 26-722. Utility Payment Assistance Program; purpose; funding; qualifications for assistance. (a) The Utility Payment Assistance Program, is hereby formally established for the purpose of providing temporary financial assistance to qualified utility customers in paying past-due utility bills. For purposes of this Section, “past-due” shall mean a utility bill that has not been paid by the customer within twenty three (23) days after the printing of such utility bill. (b) All deposits, bill credits, refunds, donations, escrows, and any other intangible personal property, held by the utilities and forfeited under §23-137, together with all donations from City utility customers and such other funds as may be made available from time to time for the Utilities Payment Assistance Program, shall be deposited into the Utilities Payment Assistance Program. (c) Balances in the Utilities Payment Assistance Program account may be used only to pay all or a portion of the monthly utility bill of qualified electric and water utility customers, and only consistent with the following conditions: (1) the subject service account must be in the applying customer’s name; (2) the monthly bill to which funds are applied must be past-due; (3) the applying customer must not have previously received financial assistance from the Program within the current program cycle (Oct. 1-Sept. 30); (4) no financial assistance provided through the Program may be applied to a service account deposit; and (5) the applying customer must comply with all other conditions and qualifications set forth in guidelines adopted by the Utilities Executive Director, consistent with the purposes of the Program. Packet Pg. 155 -4- (d) The operation of the Program is contingent upon appropriation of funds for the Program. Introduced, considered favorably on first reading, and ordered published this 17day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 156 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Janet McTague, Utilities Project Engineering Supervisor Tim McCollough, Light and Power Operations Manager SUBJECT First Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. EXECUTIVE SUMMARY The purpose of this item is to clarify and consolidate policy and construction standards applicable to developm ent of the City’s electric network. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION The Fort Collins Electric Utility currently has four governing documents: the City Code, Electric Service Rules and Regulations (ESRR), Electric Construction Policies, Practices and Procedures (ECPPP), and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System . The ESRR was last revised in 2006 and contains several provisions that already exist either in City Code or in the ECPPP. Language overlaps have caused confusion for customers as well as difficulties with revision consistency. This Ordinance will: A. Eliminate the ESRR by incorporating into Chapter 26 of the City Code those ESRR policy-related provisions (Attachment 2); B. Integrate construction-related standards now in the ESRR into the ECPP, and rename that combined rule as the “Electric Service Standards” (ESS). (Attachment 4). Applying this new name designation will more accurately describe the combined rules and reflect the relocation of prior policy provisions contained in the ESRR to the City Code; and C. Clarify language in the City Code and the ESS (revised combined ECPPP/ESRR). (Attachments 2-4) The clarifying changes fall into four categories, as described below: cold sequence metering, self -contained metering, fixed consumption billing and installation and maintenance of multi-family services. 1. Cold Sequence Metering: Previous language was confusing to customers regarding acceptable types of cold sequencing disconnects. Clarifying language has been proposed in the ESS to resolve the confusion. This change will have little or no financial impact to the customer. 10 Packet Pg. 157 Agenda Item 10 Item # 10 Page 2 2. Self-Contained Metering: The existing ECPPP allowed a choice between a horn and a lever bypass in certain situations. In many instances the horn bypasses that are installed are inadequate for Electric Utility personnel to work with safely. The Electric Utility is proposing to require in the ESS lever bypasses on all self-contained meter sockets. This change is an effort to increase both the safety of our electrical workers during meter exchanges or maintenance and to align our standard equipment with the electric utility industry in Colorado. This change will have little or no financial impact to our customer. 3. Fixed Consumption Billing: Previous language was confusing regarding qualifications for flat rate billing. Proposed language clarifies that any variable load will require a meter. 4. Multi-family services: The Electric Utility has been installing multi-family secondary services as long as the needed cable was a size that is currently in Electric Utility stock. Larger sizes were installed by a contractor. This resulted in the unintentional consequence of causing confusion when the cable needed to be maintained or replaced. This practice is inconsistent with existing language specifying that residential services over 200 amps and all commercial services are to be installed by a contractor. This item proposes clarifying language that specifies that all secondary services to multi -family buildings be installed and maintained by the property owner. A poll of Colorado Springs, Loveland and Estes Park showed that this is consistent with current practices in other utilities. The financial impacts of this change will largely be realized in the event of a secondary service cable failure. Although the Electric Utility will continue to respond to outages to verify the location of the failure and provide necessary repairs if the failure is on the Utility infrastructure, the property owner will be responsible for repairing failed service wires. This item does not affect the administrative rules and standards embodied in the Interc onnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. CITY FINANCIAL IMPACTS The proposed changes are generally administrative in nature. The City may see avoided cost by clarifying responsibility for replacement of commercial service wires. Assessment of development fees for connections that would otherwise have been a flat rate may result in a small amount of increased revenue estimated to be less than $1,000 per year. BOARD / COMMISSION RECOMMENDATION At its March 3, 2016 meeting the Energy Board unanimously recommended approval of the proposed changes (Attachment 1). PUBLIC OUTREACH Staff has been working with developers and contractors at the Conceptual Review and Staff Review meetings to discuss the proposed changes. In addition, staff is completing mailings to all stakeholders with clarifying language and drawings. ATTACHMENTS 1. Energy Board Minutes March 3, 2016 (PDF) 2. Proposed Code changes by section (PDF) 3. Changes in Electric Service Standards (PDF) 4. Relocation of Rules and Regulations language to Electric Service Standards (PDF) 10 Packet Pg. 158 10.1 Packet Pg. 159 Attachment: Energy Board Minutes March 3, 2016 (4439 : Proposed changes to City Code and Electric Service Standards) Proposed changes to Municipal Code by transfer from Rules and Regulations or by addition of new language Code Section New language or transfer from Rules and Regulations Description 26-22 Transfer (a) safe access to meters and equipment (b) Access to meters (e) Permission to trim trees (f) customer responsibility to trim trees 26-23 Transfer promises non-binding without contract 26-24 Transfer (b) indemnity to City (c) indemnity to Utilities (d) consumer to pay costs to enforce indemnity 26-28 Transfer discontinuance of service due to safety 26-391 New language definition of Fixed Consumption Billing 26-393 Transfer (c) three-phase motors manufactured to NEMA standards (d) reasonable voltage variations (e) shortages of electricity 26-394 Transfer (b) damage to system prohibited (c) meter accuracy 26-441 Transfer (b) obtaining electric service (c) customer responsibility to protect against service interruptions or fluctuations of voltage 26-444 Transfer (d) service charge for processing non- routine parallel connections 26-445 New language reference to Sec 26-451 26-450 Transfer (a) intermittent loads and stand-by service permitted (b) incremental demand charge added to intermittent and stand by loads ATTACHMENT 2 10.2 Packet Pg. 160 Attachment: Proposed Code changes by section (4439 : Proposed changes to City Code and Electric Service Standards) 26-451 Transfer (a)delivery of net excess generation to third party (b) third part contract may be required (c) evidence of purchase agreement shall be required (d) PRPA sole provider and de minimus exception (e) PRPA purchase of qualifying facility excess (f) Interconnection Agreement required for purchase of net excess generation (g) delivery point of net excess generation 26-465 Transfer (k) parallel generation system to be installed in accordance with Interconnection Standards and Electric Service Standards 26-466 Transfer (l) parallel generation system to be installed in accordance with Interconnection Standards and Electric Service Standards 26-467 Transfer (m) parallel generation system to be installed in accordance with Interconnection Standards and Electric Service Standards 26-468 Transfer (p) parallel generation system to be installed in accordance with Interconnection Standards and Electric Service Standards 26-469 Transfer (q parallel generation system to be installed in accordance with Interconnection Standards and Electric Service Standards 26-470 Transfer (n)parallel generation system to be installed in accordance with Interconnection Standards and Electric Service Standards 26-473 Transfer (a) cost of streetlighting to be paid by customer, owner or developer 26-473 New language streetlights ATTACHMENT 2 10.2 Packet Pg. 161 Attachment: Proposed Code changes by section (4439 : Proposed changes to City Code and Electric Service Standards) 26-474 New language (d)(2) "for single family and duplex residences larger than a duplex" (d)(3) "the customer shall be responsible for secondary service installation and maintenance from the point of delivery to the service panel for multi-family dwellings" (d)(4) Any single-phase residential service over 200 amps or any dwelling unit larger than a duplex shall be considered a commercial service 26-471 Transfer (f) refusal of service due to delinquency (g) notification of refusal of service (h) disputing delinquent amount (i) appeal of determination ATTACHMENT 2 10.2 Packet Pg. 162 Attachment: Proposed Code changes by section (4439 : Proposed changes to City Code and Electric Service Standards) Language or content added or changed to ESS - Does not include content from ESRR ESS Section Change or Addition Description of Change or Additions (in bold) Title Change Title was changed from Electric Construction Policies, Practices, and Procedures to Electric Service Standards to accurately reflect the scope of the document. 3.1 Change When the developer requests the actual construction of the project be started, a payment of 100 percent of the invoiced price will be required. Under special circumstances, the Utility, at its discretion, may begin construction prior to full payment. Under no circumstances will the electric system be energized prior to full payment of the invoiced price. Payment need only be paid on the portion of the underground electric system which is to be constructed and not necessarily on the whole subdivision project, provided that such portion is suitable for partial electric service. 5.1.1 Addition Single occupancy is defined as a single residence served by a single circuit secondary service. In situations where a duplex (two residences with a shared wall) is served by separate services, each of the units in that duplex would be considered as a single occupancy structure and would be subject to the requirements in this section. 7.2 Change Moved Multiple Occupancy (apartments) section (was section 5.2) from Residential Service Construction to Commercial Service Construction (new section 7.2) because multi-family is considered to be a commercial service. 7.2.7 Addition On single phase commercial services the limit of the number of cables per bushing that the customer may install is eight. The Utilities will provide a set screw connector with a maximum of eight landing positions and no cable shall exceed 350 kcmil in size. 8.1.7 Addition A minimum of three feet of clear space must be left in front of the meter for reading and maintenance of equipment. 8.1.13 Addition Meter location and clearance requirements are also shown in design drawing ESS-1. 8.2.14 Change All meter sockets shall be equipped with a lever bypass with the same rating as the meter socket. Horn bypass meter sockets are expressly prohibited. ATTACHMENT 3 10.3 Packet Pg. 163 Attachment: Changes in Electric Service Standards (4439 : Proposed changes to City Code and Electric Service Standards) 8.3.1.4 Addition Current transformers (CTs) are required if load (main size) is over 320 amps. CT and meter socket location must be approved by Fort Collins Utilities before installation. Under no circumstances will CTs or PTs be installed on secondary overhead lines, in padmounted transformers or inside gutters, raceways, or enclosures not designated for instrument transformers. Contact Electric Project Engineering with any questions on suitable locations. All CTs will be furnished by Fort Collins Utilities for installation by the customer. All CT’s, except in primary metering instances, are owned and maintained by Fort Collins Utilities. When CTs are to be mounted in the customer’s switchgear, dimensions of the cross section of bus where CTs are to be installed shall be submitted to the Fort Collins Utilities Electric Meter Shop for proper CT sizing. If the customer’s switchgear is located indoors or below grade, the CTs shall be located outdoors in a service cabinet or wall mounted CT enclosure that is readily accessible for Fort Collins Utilities personnel at all times. CTs are not allowed in any transformers. 8.3.3.2 Change 277/480V services greater than 320 amps may require Potential Transformers (PTs). A CT cabinet with integral PT mounting provisions is the preferred equipment (See table 8-5 for minimum dimensions). External PT enclosures require approval by Fort Collins Utilities Electric Meter Shop. PT mounting height must not exceed 6 feet. No electrical conductors may be in front of PTs. 8.5.2.1 Addition Pedestal shall have a lever bypass as required for all meter sockets. 8.6.6 Addition Acceptable cold sequence disconnects include a load- make/load-break safety or pullout switch and shall be ahead of each individual meter as shown in Figure 2. In cases where multiple commercial meter sockets are part of a commercially manufactured unit, it is acceptable to have a single main disconnect acting as a cold sequence/main disconnect. In these cases, each individual meter socket shall have a service disconnect (Figure 1). 8.6 Addition The addition of Figures 1 and 2 intends to clarify when a "Main Panel Disconnect" can be utilized as the Cold Sequence Disconnect (for ganged meter configurations) required by the Utilities and when there shall be individual cold sequence disconnects for each meter. ATTACHMENT 3 10.3 Packet Pg. 164 Attachment: Changes in Electric Service Standards (4439 : Proposed changes to City Code and Electric Service Standards) 8.6.8 Change Acceptable customer service disconnects may include fault current-limiting fuses ahead of each individual meter. Current- limiting fuses shall be selected to limit faults to 10,000 symmetrical RMS amps at the meter. A fault-current-limiting breaker may be utilized provided that a fault current analysis report performed and signed by a registered professional engineer is submitted and approved by Fort Collins Utilities Electric Meter Shop. Fault current calculations in report shall be based on worst case utility electric system and transformer impedance. 16 Change These standards are intended to supplement and not alter applicable sections of the Municipal Code. If a conflict does occur, the Municipal Code shall apply. Glossary Addition Temporary Service - Temporary service is defined as electric service provided for a short- term need, such as that service required by such customers as special events or festivals, construction contractors, and similar enterprises. ATTACHMENT 3 10.3 Packet Pg. 165 Attachment: Changes in Electric Service Standards (4439 : Proposed changes to City Code and Electric Service Standards) Electric Service Rules and Regulations (ESRR) sections moved to Electric Service Standards (ESS) ESRR Section Language ESS Section 4.1 Unless specific arrangements are made to the contrary, electric service shall be considered rendered on a continuous, permanent basis subject to termination as provided in Municipal Code. 4.2.5 4.2 Any temporary electric service lines required by the developer for construction purposes before the underground system is completed shall be at the expense of the developer and consistent with Municipal Code. 4.2.6.1 4.2 At the option of the Utilities, the developer will be billed for the actual or estimated cost of construction, plus estimated retirement costs. There will be no charge for recoverable materials. 4.2.6.2 4.2 For residential construction only, a 50-amp temporary power pedestal will be provided to the developer consistent with the requirements in drawing ESS – 2. 4.2.6.3 9.3.1 Generally, the Utilities shall install, own and maintain all transformers required to deliver service at the Utilities’ standard secondary voltages. 4.3.1 9.3.2 The customer shall furnish and maintain required outdoor or underground space and facilities for the installation of the Utilities’ transformers and other equipment necessary to properly render electric service to the customer. Please see drawings ESS-3, ESS-5, ESS-6, ESS-7, and ESS-8 in Section 16 – Design Drawings. 4.3.2 9.3.3 When service is delivered at primary voltage, the customer shall generally own, install and maintain all transformers. 4.3.3 9.4.1 All electric utility lines and line extensions shall be underground. Permanent buildings or structures shall not be located directly over underground electric utility facilities. 4.1.1 9.4.1 Service loops shall generally be installed underground. Overhead service loops shall be installed only at the Utilities’ discretion. 4.1.2 9.4.2 Electric service shall be delivered to the customer at one point of delivery for each premise. 4.2.1 9.4.4 If the property of the customer does not abut on the right-of-way of the Utilities’ distribution system, it shall be the customer’s responsibility to provide adequate easements or bring wiring to a point designated by the Utilities. 4.1.3 9.5.1 & 9.5.2 The Utilities will not provide access to energized transformer compartments. All contractor work performed in the secondary compartment of the transformer shall be completed while the transformer is de-energized in accordance with Fort Collins Utilities Light & Power Safety Manual. In order to schedule the de-energization of the transformer for contractor-requested work, contractors are required to provide 72 hours of notice to the Utilities. 14 9.6.1 Attachments to the Utilities’ poles or lighting standards shall not be permitted except upon specific written authority of the Utilities. 4.5.1 9.6.2 The attachment of radio or TV antennae or other objects is specifically prohibited. 4.5.2 ATTACHMENT 4 10.4 Packet Pg. 166 Attachment: Relocation of Rules and Regulations language to Electric Service Standards (4439 : Proposed changes to City Code and Electric 9.6.3 Attachment of communications circuits such as telephone, community antennae systems or other communication media may be made, provided that a joint use contract has been entered into between the Utilities and those desiring to make such attachments. Said attachments shall conform to the requirements of the latest edition of the National Electric Safety Code and additional requirements, if any, by the Utilities. 4.5.3 9.7 Fort Collins Utilities facilities shall only be located by Fort Collins Utilities Locating personnel. Colorado State laws pertaining to location of facilities shall be followed when any parties are performing any construction or excavation. 13 10.1.2 Electric service shall be delivered to the customer at one point of delivery for each premise. 4.2.1 10.1.4 Point of Delivery Definition Glossary 10.1.5 Where service is supplied at primary voltages, the customer shall provide, own, operate and maintain all facilities beyond the point of delivery at the end of the primary service unless specific arrangements are made to the contrary. 4.2.4 10.1.6 If the customer desires electric service at voltages, either primary or secondary, other than those typically available from the Utilities’ distribution system, the customer shall furnish, own and maintain all special transformers and special control equipment necessary to supply such voltage or service. If special metering shall be required in such cases, the costs thereof shall be paid by the customer. Such metering equipment, however, shall be and remains the property of the Utilities and shall be tested and maintained by the Utilities. 4.2.3 10.1.9 The customer shall furnish and maintain required outdoor or underground space and facilities for the installation of the Utilities’ transformers and other equipment necessary to properly render electric service to the customer. Please see drawings ESS-3, ESS-5, ESS-6, ESS-7, and ESS-8 in Section 16 – Design Drawings. 4.3.2 10.1.10 The customer shall be responsible for providing protection to 3-phase motors and equipment against damage from overvoltage, undervoltage, single and reversed phasing conditions. 4.4.1.2 10.3.1 By making application for electric service, the customer agrees to grant or arrange for an easement on the customer’s property for the installation, operation and maintenance of electric lines, wires and other equipment of the Utilities necessary to render service to the customer. 10.1 10.3.2 When requested by the Utilities, the customer shall without expense to the Utilities make or procure a conveyance to the Utilities of satisfactory easements across the property owned or controlled by the customer for the Utilities’ lines or extensions thereof necessary or incidental to the furnishing of service to the customer. 10.2 10.3.3 If such installation must be made on or over the property of a third party, it shall be the responsibility of the customer to obtain an easement for the Utilities from the third party before the installation can be made and service rendered. 10.3 ATTACHMENT 4 10.4 Packet Pg. 167 Attachment: Relocation of Rules and Regulations language to Electric Service Standards (4439 : Proposed changes to City Code and Electric 10.3.4 If, after service is originally rendered, the customer’s property is divided in such a manner that part of the property no longer has access to the right-of- way of the Utilities’ distribution system, the customer shall reserve an easement for the benefit of the Utilities so that the Utilities may render electric service to such isolated parcel. 10.4 10.3.5 In the case where an easement has been granted and electric distribution facilities have been installed, the parties seeking to have such easement changed shall pay the Utilities the actual cost for relocation of the electric distribution facilities and shall provide the necessary alternative rights-of- way. 10.5 10.8.1 For single phase, three wire services, the current carried by the neutral shall not be more than 15% of the current carried in either of the other wires. 4.4.2.1 10.8.2 For three phase services, the customer’s load in any phase shall not be greater than 15% more than the load in either of the other two phases. 4.4.2.2 10.10.1 Single-phase motors operated at 120 volts shall be limited to less than 1 horsepower (hp) in size. Single-phase motors 1 hp or greater shall be operated at 240 volts and shall have a maximum locked rotor current limit of 75 amps. The Utilities’ approval must be obtained prior to installing any single-phase motor with locked rotor current in excess of this limit. The following information shall be provided to the Utilities when seeking approval: • Horsepower rating • Nameplate full-load amps • Nameplate locked rotor amps • Nameplate voltage • Frequency of starts per time unit • Motor NEMA code letter Note: Central air conditioning units are subject to the requirements of this section. 4.4.1.1 10.10.2 Under some conditions, Utilities may require the installation of reduced voltage or other types of starting equipment. Such equipment may be required where, in the opinion of the Utilities, the starting frequency adversely affects service being rendered to other customers. Consult the Utilities prior to acquiring motors. 4.4.1.3 11.1 11.1. Application Any Qualifying Facility (see definitions) may interconnect with, operate in parallel with, or transmit over the Utilities’ facilities as provided herein. 11.1.1. Each Qualifying Facility shall make application to the Utilities and obtain written approval of entrance location, number of phases, voltage number and types of meters, and underground or overhead connection before making commitments to equipment purchases and before the start of construction. 11.1.2. The Operator of each Qualifying Facility shall obtain a Permit-to- Operate from Utilities prior to final parallel connection and operation with the Utilities’ electric distribution system. 11.1 ATTACHMENT 4 10.4 Packet Pg. 168 Attachment: Relocation of Rules and Regulations language to Electric Service Standards (4439 : Proposed changes to City Code and Electric 11.4 11.2. Initial Start-Up 11.2.1. Each Qualifying Facility shall notify the Utilities of the initial energizing and start-up test of the Qualifying Facility's generating equipment. The Utilities shall have the right to be present at such test. 11.2.2. Notice of such initial energizing and start-up test shall be given by the Qualifying Facility to the Utilities at a reasonable time prior to such event. 11.2.3. No Qualifying Facility shall operate in parallel with the Utilities’ system until all relays, controls and other devices, as required by the Utilities, have been installed and all safety standards and testing requirements have been met. Upon satisfactory inspection of interconnection facilities, final written approval to operate shall be provided by the Utilities in the form of a Permit-to-Operate. 11.2 11.5.1 - 11.5.5 11.3. Facility Design and Construction 11.3.1. The Operator shall design, construct, install, own, operate and maintain the Facility and all equipment needed to generate and deliver energy and capacity except for any special facilities constructed, installed and maintained by the Utilities. 11.3.2. The Operator shall construct, install, own and maintain interconnection facilities and system protection facilities as required for the Utilities to provide for system capacity, safety and operation. 11.3.3. The Facility shall meet all requirements of applicable codes and all standards of prudent electrical practice and the requirements of the Utilities. Such requirements may include locks, seals, breakers, protective relaying, automatic synchrometers and disconnecting devices. 11.3.4. The Qualifying Facility operator shall submit all of the Facility's specifications to the Utilities for review and approval prior to connecting the Facility to the Utilities system. The Utilities’ review of the Operator's specifications shall not be construed as confirming nor endorsing the design, or as any warranty of safety, durability or reliability of the Facility. 11.3.5. The Operator agrees that, upon demand of the Utilities, the Operator shall change its Facility to comply with changing requirements of the Utilities’ system. 11.3 ATTACHMENT 4 10.4 Packet Pg. 169 Attachment: Relocation of Rules and Regulations language to Electric Service Standards (4439 : Proposed changes to City Code and Electric 11.6 8.7. Parallel Generation Metering 8.7.1. If satisfactory metering is not otherwise provided, the Utilities may install and maintain meters at a mutually agreed upon location to measure the integrated demand and kilowatt-hours. 8.7.2. If the Operator sells to a purchasing utility, such metering shall be approved by the Utilities and PRPA, and shall record and indicate the integrated demand as determined by the Utilities and shall measure kilowatt-hours. 8.7.3. Meters for measure of reactive volt-ampere hours may be required by the Utilities if deemed appropriate. 8.7.4. All meter equipment, installation, ownership and administration costs thereof shall be borne by Operator, including costs incurred by the Utilities for inspecting and testing such equipment. 8.7.5. All billing meters used to determine the billing of sales to a purchasing utility shall be sealed. Seals shall only be broken by Utilities personnel for the purposes of meter testing, inspection, adjustment, or other maintenance. 8.7.6. The Utilities shall, at the Operator's expense, inspect and test all meters upon their installation and thereafter as determined necessary by Utilities. 8.7.7. If requested to do so by the Operator or the purchasing utility, the Utilities shall inspect or test a meter more frequently than the standard Utilities practice, but the expense of such inspection or test shall be borne by the Operator. 8.7.8. All billing meters shall be installed and operated in accordance with the terms and conditions of PRPA and the purchasing utility. 8.7 11.7 11.4. Facility Operation and Maintenance 11.4.1. The Operator shall operate and maintain its Facility according to prudent electrical practices and shall generate or otherwise supply such reactive power necessary to maintain a 95% power factor to maintain voltage levels and reactive support to the system. 11.4.2. If the Operator is unable or unwilling to provide such reactive power, the Utilities may do so at the Operator's expense or may disconnect the Facility without notice. 11.4.3. Facility operation shall be such that its electrical operation parameters are within the Utilities’ system operating parameters at the point of Facility interconnection with the Utilities. 11.4 11.9 11.5. Changes in Facility or Capacity Rating 11.5.1. The Operator shall advise the Utilities and PRPA of any proposed changes in its Facility or its capacity rating prior to making such changes. 11.5.2. Such changes shall be made in accordance with the City Code and these rules and regulations as if the changes were a new Facility. 11.5 ATTACHMENT 4 10.4 Packet Pg. 170 Attachment: Relocation of Rules and Regulations language to Electric Service Standards (4439 : Proposed changes to City Code and Electric -1- ORDINANCE NO. 066, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING THE ELECTRIC SERVICE RULES AND REGULATIONS, AMENDING AND CODIFYING CERTAIN PROVISIONS FORMERLY IN THE ELECTRIC SERVICE RULES AND REGULATIONS, AMENDING AND RENAMING THE ELECTRIC CONSTRUCTION POLICIES PRACTICES AND PROCEDURES AS THE ELECTRIC SERVICE STANDARDS, AND MAKING CERTAIN CLARIFYING AMENDMENTS IN CHAPTER 26 OF THE CITY CODE AND THE ELECTRIC SERVICE STANDARDS WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification, correction of errors and to ensure that the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changing technology for and manner of delivering utility services; and WHEREAS, Section 26-463 of the Fort Collins City Code also provides that rules, regulations, and standards applicable to electric service and persons receiving electric service provided by the City may be adopted by the Utilities Executive Director and approved by ordinance of the City Council; and WHEREAS, the Electric Service Rules and Regulations (“ESRR”), originally adopted in 2002, were last revised in 2006, pursuant to Ordinance No. 194, 2006; and WHEREAS, in addition to the ESRR, the Electric Construction Policies, Practices and Procedures (“ECPPP”) provide rules and guidelines for the installation of electric service to new development, redevelopment and remodeling; and WHEREAS, the ECPPP were last revised in 2014, pursuant to Ordinance No. 027, 2014; and WHEREAS, the Utilities Executive Director has recommended that changes be made to the ESRR and ECPPP in order to clarify exi sting provisions and reflect current operating practices and terminology involving cold sequencing and self-contained metering; and WHEREAS, the Utilities Executive Director has further recommended that the current ESRR be repealed as a separate administrative rule set and policy-related provisions in the current ESRR be relocated into Chapter 26 of the City Code along with revisions to the fixed consumption billing and multi-family customer coordination requirements in Chapter 26 of the City Code; and Packet Pg. 171 -2- WHEREAS, in order to improve the clarity of the administrative and technical standards applicable to receiving and constructing electric service in the City, the Utilities Executive Director has further recommended that the remaining ESRR and revised ECPPP be combined into a single document to be known as the Electric Service Standards; and WHEREAS, the proposed changes and renaming will continue to ensure system reliability and promote customer and employee safety; and WHEREAS, on March 3, 2016, the Energy Board reviewed the proposed combination of ESRR and updated ECPPP requirements into the Electric Service Standards, along with the repeal and partial incorporation of ESRR provisions into Chapter 26 of the City Code, and unanimously recommended approval of these actions; and WHEREAS, the City Council has determined that the recommended repeal of the ESRR, renaming of the revised administrative rules, regulations, and construction standards applicable to electric service in the City, and changes to Chapter 26 of the Code as set forth herein, are in the best interests of the electric utility and its customers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That 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) In connection with the necessary discharge of their duties and the enforcement of the provisions of this Chapter, the employees of the City authorized utility personnel shall, at all reasonable times, have safe access to any premises within or without the City served by one (1) or more of the utilities for any purpose incidental to supplying a service or for the examination or survey thereof or for inspection and repair of facilities and appurtenances, connection and disconnection of services or reading meters. This provision is not intended to modify the right of access described in § 26-219. (b) Access to the meters and utility service equipment located on the customer’s premises must be provided for proper administration and billing of service. This includes non-intrusive, automatic drop out access to the customer’s telephone service for remote reading of meters by the utilities when such service is available. If any meter cannot be read or access to utility service equipment is not provided for three (3) consecutive months, the customer shall be notified by first-class mail that this condition must be corrected or the utilities shall discontinue service until access to such equipment by the utilities’ personnel is accomplished. Packet Pg. 172 -3- (bc) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever a City employee has 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, the City employee authorized utility personnel may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the City employee authorized utility personnel by this Chapter. If such building or premises is occupied at the time entry is required, the City employee authorized utility personnel shall first present proper credentials and request entry. If such building or premises is unoccupied, the City employee 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. If such entry is refused, the City employee authorized utility personnel shall have recourse to every remedy provided by law to secure entry. (cd) When the City employee has authorized utility personnel have obtained an inspection warrant or other remedy provided by law to 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 proper request is made as herein provided, to promptly permit entry therein by the City employee authorized utility personnel for the purpose of inspection and examination pursuant to this Article. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 1-15 of this Code. (e) An appropriate property owner or representative shall permit the utilities to trim the limbs and branches of trees, bushes and shrubs to the extent that such trimming is reasonably necessary to avoid interference with utilities’ lines, streetlights, or other equipment or to allow access to the utilities’ meter or other equipment on said owner’s premises or in the public right-of-way. (f) The property owner shall be responsible for such trimming of trees as may be necessary to avoid interference with the utilities’ meter and service wires running from the utilities’ distribution poles to the point of delivery on said owner’s premises. Section 3. That Section 26-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-23. - Records. (a) All contracts, records and evidences of title relating to any of the utilities' property acquired by the City shall be assembled and carefully preserved. The Utilities Executive Director and the Financial Officer shall keep and preserve such other records and prepare such reports concerning the utilities as the City Manager directs. The City Manager shall keep the City Council advised of the operation, financial conditions and future needs of the utilities. Packet Pg. 173 -4- (b) No promise, agreement or representation of any employee of the utilities shall be binding upon the utilities, unless the same shall have been properly authorized, reduced to writing and preserved by the customer or with the records of the utilities associated with a specific utility service. Section 4. That Section 26-24 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-24. - Property owner's consent for utility service and indemnity to City and the utilities. (a) Utility service provided to real property pursuant to the terms of this Chapter shall be deemed to be provided at the request and with the consent of the owner of said real property, unless and until the Utilities Executive Director receives written notice of said owner's withdrawal of such consent. (b) The City shall not be held responsible for any injury to persons or damage to property occasioned or caused by the acts, omissions or negligence of the customer or of any of the customer’s agents, employees or licensees in installing, maintaining, operating or using any of the customer’s lines, wire, equipment, machinery or apparatus, and for injury and damage caused by defects in the same. (c) The customer shall hold the City harmless and indemnify it against any and all claims and liability for injury to persons or damage to property when such injury or damage results from or is occasioned by the facilities located on the customer's side of the point of delivery unless caused by the gross negligence or wrongful acts of the City's agents or employees. (d) The customer shall pay all costs that may be incurred by the City in enforcing this indemnity. Section 5. That Section 26-391 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Fixed consumption billing” which reads in its entirety as follows: Sec. 26-391. - Definitions. . . . Fixed consumption billing is defined as billing for service provided to a constant or predictable unmetered, electrical load for which the utility has predetermined the customer’s billing consumption based upon connected load, estimated usage, test measurements or other means. Billing amounts and terms of service shall be in accordance with the electric rate schedule which would be applicable to the load if it were metered; provided, however, that the utility reserves the right to correct past billing amounts at any time to correspond with test metering results and to adjust billing consumption in accordance with updated load estimates based on current or anticipated loads and conditions. Fixed Consumption Billing may be offered to the customer in the Packet Pg. 174 -5- sole discretion of the Utilities Executive Director, and billing is subject to withdrawal whereupon electric service may be discontinued by the utility upon thirty days written notice to the customer. Alteration of facilities or conditions, or addition of load by the customer without prior approval of the utilities shall constitute diversion of electric energy. The customer may discontinue electric service to a Fixed Consumption Billing load by providing proper request of such discontinuance to the utilities. Section 6. That Section 26-393 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-393. - Permission required for connection with electric utility, voltage variations and shortage of electricity. (a) No person shall connect any wire, cord, socket, motor or other instrument, device or contrivance by which electricity may be transmitted or supplied to any lamp, gl obe, heating apparatus or other instrument by or at which electricity is or may be consumed, to any wire owned or operated by the City and constructed to transmit or supply electricity to any house or other building, without the consent of the electric utility. (b) Three-phase motors up to two hundred (200) horsepower may be supplied under applicable rate schedules, provided that such motors have been manufactured in accordance with National Electrical Manufacturers Association (NEMA) standards and further provided that suitable protection equipment and devices have been installed. (c) Utilities will be diligent in providing electric service with reasonable voltage variations. The customer shall be responsible and liable for voltage or quality variation s caused by the customer’s appliances and equipment, such as may be produced by starting motors, x-rays, welders, pumps, and other customer equipment or devices. If the customer desires to continue the operation of such equipment, utilities may require the customer to install motor generators, line filters, reactors, isolation transformers, or transformer and/or line capacity beyond that normally required, in order to eliminate the detrimental impact upon other customers. If such remedial measures involve expense on the part of utilities, all such costs shall be reimbursed by the customer. If the customer’s demands are measured in such cases, utilities may determine the billing demands on shorter intervals than fifteen (15) minutes regardless of regular provisions in individual rates pertaining to the determination of billing demands. (d) Utilities will make reasonable efforts to furnish a continuous supply of electricity to meet demands. However, should shortages occur by reason of acts of God or causes beyond the immediate control of the utilities, utilities will have the right to grant preference to those present and future customers that in the opinion of the Utilities Executive Director are the most essential to the public welfare, based on information then available to the utilities. Utilities shall not be liable for damages, including monetary loss or loss of business from shortages in supply of electric energy. The customer shall be responsible for taking whatever precautions the customer shall deem appropriate to protect against damage or loss due to shortages in the supply of electricity. Packet Pg. 175 -6- Section 7. That Section 26-396 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-396. - Use of meters required; damage to system prohibited, accuracy of meters. (a) No person shall take electrical energy from the distributing system except through a meter or other measuring device owned and installed by the City without the consent of the electric utility to take such electrical energy. It shall also be unlawful to tamper with, molest or damage in any manner any part of the electrical system. (b) City owned facilities shall not be tampered or interfered with directly or indirectly by the customer or any other unauthorized persons. The customer shall be liable for any damage or loss to the property of the utilities or other persons and injury to utilities employees or other persons resulting from such unauthorized tampering or interference. (c) Meters measuring electric service shall be checked by utility for accuracy before installation and periodically thereafter on a scheduled or sample basis as determined by the utility. Meters shall be considered accurate when they measure within two (2) percent plus or minus when tested at one hundred (100) percent of full test current. The utility shall not keep in service a meter that registers usage under no load conditions. Section 8. That Section 26-441 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-441. - Obtaining electric service. (a) It shall be unlawful for any person to obtain electrical service unless it is provided in accordance with the terms of this Article. (b) Where the utilities is requested to extend, augment or alter its facilities, or if the utilities is requested to provide new or additional capacity that may be needed, the utilities shall provide such extension, augmentation or alteration in accordance with the requirements of this Code and the Electric Service Standards, as adopted pursuant to § 26-463 of this Code. All existing overhead electric utility facilities on or adjacent to the affected service location shall be converted to underground facilities in conjunction with the augmentation, extension or alteration of any part of such utility service facilities, except where the utilities determines that underground construction is not practical or feasible. Utility line extensions shall be installed underground in accordance with this Code and the Electric Service Standards. The customer, owner or developer shall pay the full cost of such conversion, extension, alteration or augmentation of facilities and a proportionate share of the cost of associated underground distribution system facilities necessary to provide the additional service capacity, all as determined by the utilities. In addition, capacity costs attributed to the customer shall be paid by the customer as a non- Packet Pg. 176 -7- reimbursable expense of the associated conversion, extension, alteration or augmentation activity. (c) Utilities will use reasonable diligence at all times to provide continuous service at the agreed nominal voltage, but shall not be liable to the customer for complete or partial failure (including loss-of phase) or interruption of service, or for fluctuations in voltage, resulting from causes beyond its control or the negligence of its employees, servants or agents. The customer shall be responsible for taking whatever precautions the customer deems appropriate to protect against damage or loss due to interruptions of service or fluctuations of voltage. Section 9. That Section 26-444 of the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (d) which reads in its entirety as follows: Sec. 26-444. - Customer generation of electric service. . . . (d) For applications for other than routine parallel systems and connections, a service charge shall apply to offset the cost of processing an application/request for parallel operation, including but not limited to the cost of engineering and technical review and support. Section 10. That Section 26-445 of the City Code is hereby amended to read as follows: Sec. 26-445. - Retail sale of electric service. No person or entity other than the utility may engage in the sale of electric service to any property in the City except under one (1) or more of the circumstances described in Paragraphs (1) through (4) of this Section and Section 26-451. . . . Section 11. That Chapter 26 of the Code of the City of Fort Collins hereby amended by the adoption of a new Section 26-450 which reads in its entirety as follows: Sec. 26-450 – Intermittent loads and stand-by service. (a) Subject to the approval of the utilities, use of x-ray machines, induction-type welders or equipment with similar operating characteristics shall be permitted under applicable rate schedules on secondary service, provided that adequate transformer and distribution capacity is available. (b) An incremental demand charge may be added if the customer’s load is of an intermittent or fluctuating character or reflects frequent starting with high current inrush, or if standby service is provided for any reason. In such cases, the utilities will consider Packet Pg. 177 -8- the billing demand as the maximum amount of power used at any time, may add to the measured demand of the steady load up to fifty (50) percent of the maximum fluctuating load, or may add to the measured demand an incremental demand charge determined from either the nameplate data of the equipment or by the kVa (kilo-volt amperes- 1,000 volt amps) of extra transformer capacity necessary to serve such loads. Section 12. That Section 26-465(k) of the City Code is hereby amended to read as follows: Sec. 26-465. - Residential demand service, schedule RD. . . . (k) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the Utility Services Interconnection Standards for Generating Facilities connect to Fort Collins Distribution System and with the provisions of the Electric Service Standards. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 13. That Section 26-466(l) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. - General service, schedule GS. . . . (l) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Packet Pg. 178 -9- Section 14. That Sec. 26-467 (m) of the City Code is hereby amended to read as follows: Sec. 26-467. - General service 25, schedule GS25. . . . (m) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (r) below, and the credit for energy delivered to the electric utility shall be calculated as described in the Subsection. . . . Section 15. That Section 26-468 (p) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-468. - General service 50, schedule GS50. . . . (p) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (u) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Packet Pg. 179 -10- Section 16. That Sec. 26-469 (q) of the City Code is hereby amended to read as follows: Sec. 26-469. - General service 750, schedule GS750. . . . (q) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 17. That Sec. 26-470 (n) of the City Code is hereby amended to read as follows: Sec. 26-470. - Substation service, schedule SS. . . . (n) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering Packet Pg. 180 -11- service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 18. That Sec. 26-473 (a) and (b) of the City Code are hereby amended to read as follows: Sec. 26-473. - Electric development fees and charges. (a) Any person desiring to connect to the City's electric distribution system, or to construct any structure to be served by said electric distribution system, shall pay to the utility all applicable electric development fees and charges as described in this Division prior to construction of the electric distribution system to serve said connection, whether such connection or the property served is inside or outside of the corporate limits of the City, in addition to any other applicable fees and charges described in this Article. Notwithstanding the foregoing or any provision of this Article to the contrary, said fees and charges may be paid over time to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution. Said development fees shall consist of an Electric Capacity Fee ("ECF") to recover the allocated cost of the electric distribution system attributable to the new or modified service requested and a Building Site Charge ("BSC") to recover the cost of installing on-site electric service facilities to the user's side of the point of delivery. Extension of the street light system of the City shall be made in accordance with the Code. The full estimated cost of street lighting service construction and installation shall be paid for by the customer, owner or developer as part of the ECF. (b) The ECF shall be based upon and used to defray growth-related capital expansion costs of substations and distribution infrastructure and related facilities, and actual costs that have been or will be incurred by the utility to plan and provide service loads to new development, as more specifically described in this Division. These costs shall include the cost of labor and materials to install substation transformers, distribution transformers, primary cable, vaults, conduit, connections, switches, fuses, circuit breakers, streetlights and other infrastructure and may include capital costs of administrative facilities that are reasonably related to the overall cost of and required in providing electric services to serve new development. The ECF shall vary with the electrical capacity requirements, lot size and lineal feet of dedicated roadway, and shall be based on the actual cost of construction of any required off-site improvements. The parameters and rates shall be reviewed annually by the City Manager, and the fees shall be presented to the City Council for approval no less frequently than biennially. . . . Section 19. That Section 26-474 (d) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-474. –Residential electric development fees and charges. Packet Pg. 181 -12- . . . (d) A Building Site Charge ("BSC") for any new or modified residential service shall consist of the total of the applicable charges as described in this Subsection (d), and shall be paid as specified herein. (1) When any new or modified multi-family service requires extending primary circuitry to an on-site transformer, this component of the BSC charge shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to Section§26-474(a), and shall be the total of the primary circuit charge, transformer installation charge and any additional charges. The amounts shall be the same as the BSC for nonresidential development, as shown in Section§ 26-475(d). (2) When any new or modified residential service requires installation by the Utility of secondary service the BSC shall include a secondary service charge (SSC), and shall be paid at the time of building permit and based upon the current rates as of the time of issuance of the building permit. The SSC for single family and duplex residences shall be the total of the secondary service charges, determined as follows: a. The secondary service charge shall be as follows: Secondary Service Size Charge (up to 65 feet) Plus Per-Foot Charge for Each Foot Over 65 1/0 service $682.00 $4.99/Foot 4/0 service $806.00 $5.63/Foot 350 kCM Service $912.00 $7.23/Foot 1/0 Mobile Home Service $532.00 N/A 4/0 Mobile Home Service $638.00 N/A (3) Actual special costs to the utility of installation of primary or secondary service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. The customer shall be responsible for secondary service installation and maintenance from the point of delivery to the service panel for multi -family dwellings larger than a duplex. Packet Pg. 182 -13- (4) Any single-phase residential service over two hundred (200) amps or any dwelling unit larger than a duplex shall be considered a commercial service. Section 20. That Section 26-713 of the Code of the City of Fort Collins is hereby amended by addition of new subsections (f) through (i) which read in their entirety as follows: Sec. 26-713. – Due date; delinquency; discontinuance of service. . . . (f) Utilities may refuse to provide service or install service equipment if the person or firm requesting the service or installation of service equipment currently owes the utilities a delinquent amount for any utility services previously provided, whether to the same or different premises or if the person or firm requesting the service or installation of service equipment owes the utilities a delinquent utility use charge, fee, deposit, assessment or any amount for utility service equipment previously installed. (g) If the utilities refuse to provide service or install service equipment as specified herein, the person or firm requesting such service shall be provided a written refusal of service notice by the utilities as to the reason for the refusal and the delinquent amount that must be paid before the utilities shall fulfill the request. (h) Notwithstanding (f) above, if any person or firm disputes the amount owed, such person or firm may receive service as requested after depositing with the utilities the full amount requested, to be held by the utilities, for a period not to exceed thirty days, pending final determination by the Utilities Executive Director of the amount owed by the requesting person or firm. Such person or firm shall submit, within fifteen (15) days after the date on the refusal of service notice, a written statement as to the disputed amount (refusal of service reply), and the Utilities Executive Director shall make his or her final determination within fifteen days after receiving such refusal of service reply. (i) If such refusal of service reply is not submitted to the utilities within said fifteen (15) days, or if the Utilities Executive Director determines the amount is properly owed to the utilities, the amount deposited under (h) above shall be kept by the utilities and applied in satisfaction of the amount owed. Appeal of any such determination by the Utilities Executive Director shall be in accordance with the appeal procedures provided in this Chapter for the respective utilities. Section 21. That the Electric Service Rules and Regulations (“ESSR”) are hereby repealed in its entirety and shall have no further force or effect. Section 22. That the Electric Construction Policies, Practices and Procedures (“ECPPP”) are hereby repealed in its entirety and shall have no further force or effect. Packet Pg. 183 -14- Section 23. That the Electric Service Standards set forth in Exhibit “A,” attached hereto and incorporated herein by this reference, are hereby approved by t he City Council. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016 __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 184 Electric Service Standards Previously adopted as revised "Electric Construction Policies, Practices and Procedures", pursuant to Ordinance No. 027, 2014 Utilities Customer Service Office 117 N. Mason Street Fort Collins, CO 80524 Phone: (970) 212-2900 Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 Phone: (970) 221-6700 Fax: (970) 221-6619 E-mail: utilities@fcgov.com Web: www.fcgov.com/utilities Printing Date: May 6, 2016 City Council Adoption Date: __________, 2016; purusant to Ordinance No. ____, 2016 Exhibit A 1 Packet Pg. 185 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Table of Contents Fort Collins Utilities Electric Service Standards 1.Authority for Regulations ............................................................................ 3 2.Application of Policy .................................................................................... 3 3.Costs ............................................................................................................... 3 3.1. New Development and Redevelopment ................................................................................ 3  3.2. Modifications to Capacity ..................................................................................................... 4   4.General Construction ................................................................................... 4 4.1. Underground Construction Required .................................................................................. 4  4.2. Type of Service ....................................................................................................................... 4  4.3. Transformers .......................................................................................................................... 5  4.4. Customer Load ....................................................................................................................... 5  4.5. Attachment to Poles ............................................................................................................... 5  5.Residential Service Construction ................................................................ 6 5.1. Single Occupancy (single residence) ..................................................................................... 6  5.2. Mobile Home Parks ............................................................................................................... 6  6.Project Development Plan ........................................................................... 7 7.Commercial Service Construction .............................................................. 7 7.1. General .................................................................................................................................... 7  7.2. Multiple Occupancy (apartments)........................................................................................ 8  8.Metering ......................................................................................................... 8 8.1. Meter Locations and Clearances .......................................................................................... 8  8.2. Self-Contained Meter Sockets ............................................................................................... 9  8.3. Current Transformer (CT) Metering ................................................................................ 11  8.4. Mobile Home Parks – Meter Pedestals .............................................................................. 14  8.5. Commercial Meter Pedestals .............................................................................................. 15  8.6. Cold Sequence Metering ..................................................................................................... 15  8.7. Parallel Generation Metering ............................................................................................. 16  9.Construction Coordination Sequence ....................................................... 17 9.1. General .................................................................................................................................. 17  9.2. Prerequisite to Construction ............................................................................................... 17  9.3. Street Crossing Option ........................................................................................................ 18  9.4. Trenching Option ................................................................................................................. 18  9.5. Joint Use Construction ........................................................................................................ 18  1 Packet Pg. 186 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 2 10.Easements .................................................................................................... 18 11.Interconnection of Qualifying Parallel Generation Facilities ................ 19 11.1. Application ........................................................................................................................ 19  11.2. Initial Start-Up ................................................................................................................. 19  11.3. Facility Design and Construction .................................................................................... 19  11.4. Facility Operation and Maintenance .............................................................................. 20  11.5. Changes in Facility or Capacity Rating ......................................................................... 20  12.Working Adjacent To Overhead Lines .................................................... 20 13.Locate Policy ............................................................................................... 20 14.Contractor Access to Transformer Secondary Compartments ............. 20 15.Other Rules and Regulations ..................................................................... 21 16.Design Drawings ......................................................................................... 21 17.Modifications ............................................................................................... 21 18.Appeals ......................................................................................................... 21 Glossary ............................................................................................................. 23 Administratively approved: April 14, 2016 City Council adoption: __________, 2016; purusant to Ordinance No. ____, 2016 1 Packet Pg. 187 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 3 City of Fort Collins Utilities Electric Service Standards 1.Authority for Regulations These standards, and periodic additions, revisions, and correctsions thereto, are authorized by Section 26- 463 of the Code of the City of Fort Collins, and shall be available for public review at the Fort Collins Utility Service Center and the Office of the City Clerk of the City of Fort Collins. 2.Application of Policy These standards apply to all construction, new development, redevelopment or remodeling. 3.Costs 3.1. New Development and Redevelopment Cost estimates from preliminary plats will be furnished on request to developers for planning purposes (based on average electric costs developed by the Fort Collins Utilities (hereinafter called the Utilities) from previously completed projects). Developers will receive a firm price for the underground electric system for a subdivision, mobile home park or project development plan after providing the Utilities with: 1. one copy of the final approved subdivision plat, and 2.the number, size and location of points-of-service at which electric service is requested. When the developer requests the actual construction of the project be started, a payment of 100 percent of the invoiced price will be required. Under special circumstances, the Utility, at it’s discretion, may begin construction prior to full payment. Under no circumstances will the electric system be energized prior to full payment of the invoiced price. Payment need only be paid on the portion of the underground electric system which is to be constructed and not necessarily on the whole subdivision project, provided that such portion is suitable for partial electric service. Quoted firm prices will include off-site facilities, primaries and streetlights. The owner will be charged for electric services not paid for by the developer. The underground electrical system will be installed in two phases: 1. Phase one includes the installation of the primary conduit, transformer vaults, primary conductor and customer service provisions from the transformer vault to the nearest lot corner or on-site transformer. The electrical system will be energized following receipt of payment of all project fees and charges. 2. Phase two includes the installation of the customer's service to the lot corner or on-site transformer or meter socket. Service will be installed upon mutual agreement, as to point of-service and meter location. A separate charge will be made for the service prior to installation. Modifications to the development plans requiring field changes in the electric system and unforeseen construction obstacles such as frost and rocky soil conditions will be charged on a change order basis and will be coordinated with the developer prior to proceeding with the work. 1 Packet Pg. 188 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 4 3.2. Modifications to Capacity For remodeling or other modifications where the customer's electric panel capacity is increased and where development charges have not previously been paid, development charges (off-site facilities, primary and streetlights) are applicable to the increased capacity on a prorated basis. All charges for on-site costs are applicable per the Line Extension Policy contained within Municipal Code Sections 26-473, 26-474, and 26-475. 4.General Construction 4.1. Underground Construction Required 4.1.1. All electric utility lines and line extensions shall be underground. Permanent buildings or structures shall not be located directly over underground electric utility facilities. 4.1.2. Service loops shall generally be installed underground. Overhead service loops shall be installed only at the Utilities’ discretion. 4.1.3. If the property of the customer does not abut on the right-of-way of the Utilities’ distribution system, it shall be the customer’s responsibility to provide adequate easements or bring wiring to a point designated by the Utilities. 4.2. Type of Service 4.2.1. Electric service shall be delivered to the customer at one point of delivery for each premise. 4.2.2. Typically, the Utilities will provide these service types: Single phase 3 wire 120/240 volt, Single phase 3 wire 208Y/120 volt, Three phase 208Y/120 volt 4 wire service, or Three phase 480Y/277 volt 4 wire service. Other service voltages or types must be approved by the Utilities. 4.2.3. If the customer desires electric service at voltages, either primary or secondary, other than those typically available from the Utilities’ distribution system, the customer shall furnish, own and maintain all special transformers and special control equipment necessary to supply such voltage or service. If special metering shall be required in such cases, the costs thereof shall be paid by the customer. Such metering equipment, however, shall be and remains the property of the Utilities and shall be tested and maintained by the Utilities. 4.2.4. Where service is supplied at primary voltages, the customer shall provide, own, operate and maintain all facilities beyond the point of delivery at the end of the primary service unless specific arrangements are made to the contrary. 4.2.5. Permanent Service Unless specific arrangements are made to the contrary, electric service shall be considered rendered on a continuous, permanent basis subject to termination as provided in Municipal Code. 4.2.6. Temporary Service 4.2.6.1. Any temporary electric service lines required by the developer for construction purposes before the underground system is completed shall be at the expense of the developer and consistent with Municipal Code. 4.2.6.2. At the option of the Utilities, the developer will be billed for the actual or estimated cost of construction, plus estimated retirement costs. There will be no charge for recoverable materials. 1 Packet Pg. 189 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 5 4.2.6.3. For residential construction only, a 50-amp temporary power pedestal will be provided to the developer consistent with the requirements in drawing ESS – 2. 4.3. Transformers 4.3.1. Generally, the Utilities shall install, own and maintain all transformers required to deliver service at the Utilities’ standard secondary voltages. 4.3.2. The customer shall furnish and maintain required outdoor or underground space and facilities for the installation of the Utilities’ transformers and other equipment necessary to properly render electric service to the customer. Please see drawings ESS-4, ESS-5, ESS-6, ESS-7, and ESS-8 in Section 16 – Design Drawings. 4.3.3. When service is delivered at primary voltage, the customer shall generally own, install and maintain all transformers. 4.4. Customer Load 4.4.1. Motor Load and Protection 4.4.1.1. Single-phase motors operated at 120 volts shall be limited to less than 1 horsepower (hp) in size. Single-phase motors 1 hp or greater shall be operated at 240 volts and shall have a maximum locked rotor current limit of 75 amps. The Utilities’ approval must be obtained prior to installing any single-phase motor with locked rotor current in excess of this limit. The following information shall be provided to the Utilities when seeking approval:  Horsepower rating  Nameplate full-load amps  Nameplate locked rotor amps  Nameplate voltage  Frequency of starts per time unit  Motor NEMA code letter Note: Central air conditioning units are subject to the requirements of this section. 4.4.1.2. The customer shall be responsible for providing protection to 3-phase motors and equipment against damage from overvoltage, undervoltage, single and reversed phasing conditions. 4.4.1.3. Under some conditions, Utilities may require the installation of reduced voltage or other types of starting equipment. Such equipment may be required where, in the opinion of the Utilities, the starting frequency adversely affects service rendered to other customers. Consult the Utilities prior to acquiring motors. 4.4.2. Load Balance 4.4.2.1. For single phase, three wire services, the current carried by the neutral shall not be more than 15% of the current carried in either of the other wires. 4.4.2.2. For three phase services, the customer’s load in any phase shall not be greater than 15% more than the load in either of the other two phases. 4.5. Attachment to Poles 4.5.1. Attachments to the Utilities’ poles or lighting standards shall not be permitted except upon specific written authority of the Utilities. 4.5.2. The attachment of radio or TV antennae or other objects is specifically prohibited. 4.5.3. Attachment of communications circuits such as telephone, community antennae systems or other communication media may be made, provided that a joint use contract has been entered into between the Utilities and those desiring to make such attachments. Said attachments shall conform to the requirements of the latest edition 1 Packet Pg. 190 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 6 of the National Electric Safety Code and additional requirements, if any, by the Utilities. 5. Residential Service Construction This section of the policy applies to new subdivided areas where curb (except for radius sections) and grading have been completed but where gas and telephone utilities and paving have not been installed (see Section 9 - Construction Coordination Sequence). Unless capacity demand is substantially higher than normal as determined by the Utilities Executive Director or his or her designee, residential service construction must utilize a single phase primary system complete with transformer vaults and transformers designed to convert the primary system voltage to the standard residential voltage of 120/240 volts, three wire single- phase, including the three wire electric service to the meter location. For detailed metering equipment and location information, reference Section 8 – Metering. The electric facilities will generally be installed underground behind the curb or sidewalk with a minimum cover of 30 inches, and will generally be completely at or below grade utilizing front lot line construction. Streetlighting will be installed in accordance with the City of Fort Collins design criteria and standards for streets. 5.1. Single Occupancy (single residence) 5.1.1. Single occupancy is defined as a single residence served by a single circuit secondary service or duplexes (two residences with a shared wall) served by electric panels of 200 amps or less and are subject to the requirements in this section. 5.1.2. Before electric service is installed, the meter socket (furnished by the owner) shall be installed and the meter socket installation must be approved by the Building Inspection Department. 5.1.3. A rigid non-metallic conduit attached from the socket to a point 24 inches below finished grade, must be provided. The conduit size shall be as specified by the Utilities and shall not be less than 2 inches inside diameter. See drawing ESS-1 for more details. 5.1.4. The Utilities will furnish and install the service conductors to the meter socket. 5.1.5. The Utilities will install, own and maintain all underground service wires, buses and electrical devices up to and including provisions for connection of the customer's service wires; such connection provision will be generally located within the confines of the meter socket enclosure. 5.1.6. All construction and maintenance on the customer side of any provision for customer service wire connection including the making of such service connections shall be done by someone other than the Utilities. 5.1.7. The secondary electric service fee is to be paid at the time the building permit is issued. 5.2. Mobile Home Parks 5.2.1. Electric facilities will generally be installed on rear lot lines (unless otherwise approved by the Utilities) to ganged meter sockets with breakers, and will be installed and billed with the first phase of construction. Single-position utility meter pedestals may also be used provided they adhere to the same sections as applies to ganged meter sockets (Sections 5.3 and 8.4). 5.2.2. Meter sockets with breakers shall be furnished, installed and maintained by the owners. Meter sockets and breakers shall be Utilities-approved devices (see Section 8 – Metering). 1 Packet Pg. 191 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 7 5.2.3. A 2-inch rigid non-metallic utility service conduit (or conduits as required) from the meter sockets with a cover of 24 inches (± 6 inches) from finished grade, using a 24 inch radius 90-degree bend is to be installed by the owner and approved by the building inspector. 5.2.4. If the meter sockets are not building mounted, a manufactured meter pedestal that meets requirements in Section 8.4 shall be utilized. 6. Project Development Plan The applicable service rules as described under the residential and commercial construction headings apply. 7. Commercial Service Construction 7.1. General 7.1.1. Commercial service construction will be considered on an individual basis depending upon size, type and characteristics of the load requirement. 7.1.2. The Utilities will endeavor to provide special service voltages and/or connections when a Utilities-approved document is presented, provided that such document or documents accurately and completely describe the owner's load and desired entrance needs. 7.1.3. Service requirements, construction costs and payment terms will be provided on request. Early contact with the Utilities during the planning stages is essential. The Utilities will not be obligated to provide special service voltages, if planning has not been coordinated with the Utilities. 7.1.4. Entrance requirements including location, number of phases, voltage, amperage per meter, number of meters, and underground or overhead must be determined with the Utilities at an early date (also see Section 8 – Metering). 7.1.5. Typically, the Utilities will provide these services:  Single phase 3 wire 120/240 volt,  Single phase 3 wire 208Y/120 volt,  Three phase 208Y/120 volt 4 wire service, or  Three phase 480Y/277 volt 4 wire service. Other service voltages or types must be approved by the Utilities. 7.1.6. Padmounted transformers that serve commercial services shall adhere to location clearance and work access requirements displayed in design drawings ESS-4, ESS-5, ESS-6, ESS-7, and ESS-8 (see Section 16 – Design Drawings). 7.1.7. Because of planned underground service facilities and requirements to convert overhead lines to underground, the location or characteristics of existing or prior electric service facilities will not determine the location or service characteristics of a new or modified electric service entrance. 7.1.8. Except when the Utilities determines that underground is not feasible, services will be installed underground. 7.1.9. The owner will be required to furnish, install and maintain all circuits and equipment on the customer side of the point of delivery. 7.1.10. On three phase commercial services there is a limit to the number of cables per phase that the customer may install. For installations utilizing a 12 conductor set screw connector on each bushing, no cable shall exceed 500 kcmil in size and no service shall exceed 48 cables (i.e. 12 cables/bushing). For installations utilizing two-hole crimp on lug connectors that bolt onto the 10-hole spade, no service shall exceed 40 cables (i.e. 10 cables/bushing). 7.1.11. For detailed metering equipment requirements and location information, reference Section 8 – Metering. 1 Packet Pg. 192 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 8 7.1.12. Streetlighting will be installed in accordance with the City of Fort Collins' design criteria and standards for streets. 7.2. Multiple Occupancy (apartments) 7.2.1. Multiple occupancy residences are defined as residences with more than two individual customers with shared walls or duplexes with services larger than 200 amps. Multiple occupancy residences are considered to be commercial service and shall meet the requirements included in Section 7. 7.2.2. Where service is provided to individual customers located in a structure designed for multiple occupancy, meters shall be grouped for service from a single circuit secondary service. 7.2.3. The location shall be on the exterior for multiple occupancy, unless otherwise approved by the Utilities. 7.2.4. The owner shall furnish and install UL approved meter sockets and rigid (non-metallic) service entrance conduit to a point 24 inches below finished grade. The service conduit shall be not less than 2-1/2 inches inside diameter or as specified by the Utilities. 7.2.5. The owner shall also provide a one-inch conduit from the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. 7.2.6. At the option of the Utilities, the owner may be required to furnish and install specified service conductors to the transformer terminals. 7.2.7. On single phase commercial services the limit of the number of cables per bushing that the customer may install is eight. The Utilities will provide a set screw connector with a maximum of eight landing positions and no cable shall exceed 350 kcmil in size. 7.2.8. Service conductor size and insulation shall be as approved or specified by the Utilities. 7.2.9. Trenches for secondary services to apartment complexes that are 8-plexes and larger shall be inspected by Building Inspection. 8. Metering 8.1. Meter Locations and Clearances 8.1.1. The location of meters and metering equipment will be approved by Fort Collins Utilities where they will be readily accessible at all times for reading, testing, inspecting, and other maintenance purposes. The meter must be located for easy reading and access by the Utilities on a side wall of the structure as close to the street side of the structure as possible and shall not be in an enclosed or fenced area of the property. 8.1.2. Outdoor meters will not be installed where they will interfere with traffic, sidewalks, driveways, or where they will obstruct the opening of doors or windows, or in any location that may be considered hazardous or cause damage to the metering equipment. 8.1.2.1. Where service is supplied to individual customers located in a structure designed for multiple occupancy, the individual outdoor meters will be grouped at a point nearest the service attachment and must be as specified in the excerpts from Article 370 of the National Electrical Code. 8.1.2.2. The mounting heights for multiple meter stacks will be no lower than 36 inches from final grade to the center of the lowest meters and will be no higher than 72 inches from grade to the center of the highest meters. Any variation from 1 Packet Pg. 193 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 9 these mounting heights requires prior approval from the Fort Collins Utilities Electric Meter Shop. 8.1.3. Indoor meter installations are not acceptable without express written consent of Fort Collins Utilities Electric Meter Shop. 8.1.4. Meter sockets will be plumb and securely fastened to the building wall (at framing members). 8.1.5. Meter sockets will be installed 60 to 72 inches above finished grade or permanent platform. 8.1.6. Meter sockets must NOT be installed under projections lower than six feet to allow for reading and maintenance of equipment. 8.1.7. A minimum of three feet of clear space must be left in front of the meter for reading and maintenance of equipment. 8.1.8. A minimum of two feet of clear space measured from any part of the meter socket to all conduits, pipe, walls, etc. must be maintained for servicing. 8.1.9. Electric meters and CT cabinets will be located at least three feet radially from gas meter regulators. 8.1.10. The builder is required to install the electric meter socket(s) on the same side as the electric service ‘stub’. 8.1.11. Builders are also encouraged to install the natural gas meter(s) on the opposite side of the house from the electric service. 8.1.12. The electric service trench must be a minimum of 3 feet from the natural gas service trench, and the electric and gas services shall not cross each other. 8.1.13. Meter location and clearance requirements are also shown in design drawing ESS-1. 8.2. Self-Contained Meter Sockets 8.2.1. All meter sockets (residential and commercial), except in the case of CT metered facilities, shall be purchased and installed by the electrical contractor from suppliers. All commercial self-contained meter sockets shall be cold sequenced. Please see Section 8.2.9 and 8.6 for more information on cold sequencing. 8.2.2. The owner of the facility or residence being served is responsible for the repair and maintenance of the meter socket, including ganged meter sockets. 8.2.3. All self-contained meter sockets rated for 320 amps and below shall be wired by the customer. 8.2.4. Fort Collins Utilities will wire CT meter sockets from CTs to the meter socket. 8.2.5. Meter sockets shall be furnished and installed by the owner or his agent as a contribution in aid to construction on a non-refundable basis. All meter sockets, meter stacks, and modular metering systems will be manufactured in accordance with the latest revision of the following: ANSI C.12.7, ANSI/UL 414, and NEMA 250, as well as all other applicable code and standards, with revisions and modifications as contained in the specification. They shall be labeled according to their listing and installed and used in accordance with their rating and labeling. 8.2.6. Fort Collins Utilities reserves the right not to energize an under-rated or unapproved meter socket. 8.2.7. Damaged meter sockets shall be replaced and installed by the owner or his agent at no expense to Fort Collins Utilities. 8.2.8. Residential (single and multiple occupancy) Meter Sockets 8.2.8.1. This section covers installations not exceeding 320 amps or 300 volts. 8.2.8.2. Residential meter sockets shall be UL-approved, 4- or 5-terminal sockets (5- terminal required for 120/208 volt service) and be rated for a minimum of 100 amps. 8.2.8.3. Fort Collins Utilities will connect to the line side of the residential meter socket. 1 Packet Pg. 194 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 10 8.2.8.4. Each meter socket shall be plainly and permanently marked to indicate which apartment or unit it supplies. The labeling shall be located or attached to the exterior non-removable portion of the meter socket or at the individual meter main disconnect. The marking shall be the same as the mailing address for each unit. The owner or developer shall be responsible for electricity delivered through unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.2.9. Commercial Meter Sockets 8.2.9.1. This section describes requirements for commercial self-contained meter sockets. In addition to the requirements in this section, installations not exceeding 320-amp meter socket rules in Section 8.2.8 – Residential Meter Sockets shall apply. All installations exceeding 320 amps shall follow rules in Section 8.3 – Current Transformer (CT) Metering Equipment. 8.2.9.2. All commercial self-contained meter sockets, single and three-phase, shall be cold sequenced. For cold sequence metering requirements, see Section 8.6. 8.2.9.3. The owner or his agent shall install the meter socket (furnished by the Utilities). The owner shall furnish a one-inch conduit from the meter socket to the phone room and a one-inch conduit from the secondary side of the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. 8.2.10. Electrical Ratings 8.2.10.1. All sockets/housings shall be rated 300 Volts or 600 Volts as detailed in ANSI C.12.7. 8.2.10.2. All sockets/housings shall have a minimum 10,000 ampere AISC rating. Installations other than single family residential and mobile home parks shall contact the Electric Meter Shop for maximum available short-circuit current, which shall determine whether a higher AISC rating is necessary. 8.2.10.3. Meter sockets shall accommodate a minimum #4/0 AWG service conductor. 8.2.11. Construction 8.2.11.1. All line side compartments shall accommodate Fort Collins Utilities’ seal regardless of whether the compartment is designed to house a meter. 8.2.11.2. A temporary meter cover plate is required. No metallic material is acceptable. 8.2.11.3. A flash shield is required for 277/480 Volt services. 8.2.11.4. All meter housings shall be outdoor weather-resistant type. 8.2.12. Covers 8.2.12.1. Each socket in a multi-socket stack shall have an individual cover and sealing provision. 8.2.12.2. Only one-piece ringless covers are acceptable. 8.2.12.3. Covers shall be designed for sealing with a padlock type seal and removable without removing any screws, bolts, or nuts. 8.2.12.4. Cover shall be designed to prevent removal of any portion without first removing the seal. 8.2.13. Jaws and Terminal Block 8.2.13.1. Any tension springs shall be permanently captive. 8.2.13.2. Lugs/terminals shall be suitable for use with copper or aluminum conductors. 8.2.13.3. Lugs shall be hex-head type with captive bolts. 8.2.14. All meter sockets shall be equipped with a lever bypass with the same rating as the meter socket. Horn bypass meter sockets are expressly prohibited. 1 Packet Pg. 195 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 11 8.3. Current Transformer (CT) Metering 8.3.1. General 8.3.1.1. For loads exceeding 320 Amps meter sockets will be furnished by the Utilities and installed by the owner or his agent. Metering will be instrument transformer rated, with instrument transformers furnished by the Utilities. The owner or his agent shall furnish and install a one-inch conduit from the meter socket to the instrument transformer location. 8.3.1.2. Instrument transformers and associated equipment such as enclosures, racks, poles, cable, terminations, insulators, etc., for primary metering shall be at the expense of the customer on a non-refundable basis. The owner or his agent shall install the meter socket (furnished by the Utilities), and shall furnish and install a one-inch conduit from the meter socket to the instrument transformer location. The owner shall furnish a one-inch conduit from the meter socket to the phone room and a one-inch conduit from the secondary side of the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. If the meter socket is located more than 50 feet in one direction from the location of the instrument transformers, contact Electric Meter Shop for approval. 8.3.1.3. Each meter socket and panel shall be plainly and permanently marked to indicate which unit it supplies. The labeling shall be located or attached to the exterior non-removable portion of the meter socket or at the individual meter main disconnect. The marking is to be the same as the mailing address for each unit. The owner or developer will be responsible for electricity delivered through unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner, whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.3.1.4. Current transformers (CTs) are required if load (main size) is over 320 amps. CT and meter socket location must be approved by Fort Collins Utilities before installation. Under no circumstances will CTs or PTs be installed on secondary overhead lines, in padmounted transformers or inside gutters, raceways, or enclosures not designated for instrument transformers. Contact Electric Project Engineering with any questions on suitable locations. All CTs will be furnished by Fort Collins Utilities for installation by the customer. All CT’s, except in primary metering instances, are owned and maintained by Fort Collins Utilities. When CTs are to be mounted in the customer’s switchgear, dimensions of the cross section of bus where CTs are to be installed shall be submitted to the Fort Collins Utilities Electric Meter Shop for proper CT sizing. If the customer’s switchgear is located indoors or below grade, the CTs shall be located outdoors in a service cabinet or wall mounted CT enclosure that is readily accessible for Fort Collins Utilities personnel at all times. CTs are not allowed in any transformers. 8.3.1.5. In the event that CTs are mounted on buss bars, in customer switchgear or CT cabinets, the customer will provide a suitable terminal for a #12 copper wire on the neutral (and on each phase conductor in the case of window-type rather than bar-type CTs). Such terminals may consist of any appropriate lug or a #10 screw type terminal. 8.3.1.6. All CT rated installations shall have a conduit from the electric meter socket to the customers’ phone room which will be installed by the builder. 1 Packet Pg. 196 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 12 8.3.1.7. Any exception to the CT-metering practices outlined above or below will require the approval of Fort Collins Utilities Electric Meter Shop prior to installation. 8.3.2. CT Cabinet Requirements - General 8.3.2.1. Where CT cabinets are required, they will be furnished and installed on the outside of an exterior wall by the customer. 8.3.2.2. The size of the cabinet shall allow a minimum bending space in accordance with Section 312 of the National Electric Code. For minimum dimensions of all types of CT cabinets and types of CTs, reference Tables 8-1, 8-2, 8-3, and 8-4. Table 8-1: Single Phase 120/240V Table 8-2: 3 Phase 4 Wire 120/208V (or 240V) Amps Height Width Depth CT Type Amps Height Width Depth CT Type 400 18 24 9 B 400 30 30 9 B 600 40 24 9 B 600 40 30 9 B 800 48 30 11 B/W 800 48 30 11 B/W 12001 60 33 13 W 1200 48 33 11 W 1600 60 33 13 W 1600 60 33 11 W 148x48x12 may also be used 2000 60 39 15 W 3000 75 39 24 W Table 8-3: 3 Phase 4 Wire 277/480V Table 8-4: 3 Phase 4 Wire 277/480V with integral PT mounting provisions (PT's mounted outside CT Compartment) Amps Height Width Depth CT Type Amps Height Width Depth CT Type 400 40 30 9 B 400 48 36 15 B 600 48 30 11 B 600 48 36 15 B 800 48 36 11 B/W 800 48 36 15 B/W 1200 60 33 11 W 1200 60 51 24 W 1600 60 39 15 W 1600 75 63 24 W 2000 75 39 24 W 2000 75 63 24 W 3000 90 39 24 W 3000 75 63 24 W Tables Notes: 1. CT Type – Bar (B) or Window (W). When ordering a cabinet for window-type CTs, the customer is required to supply bars and mounting brackets. 2. All dimensions are listed in inches. 8.3.2.3. CT cabinets shall be rated and factory labeled “NEMA 3R”. They shall also be UL listed as Instrument Transformer or CT Enclosure. 8.3.2.4. CT cabinets shall be rated 600 volts maximum and shall have a grounding lug. 8.3.2.5. The CT cabinet shall have hinged door(s). CT cabinet doors shall be supplied with a hasp to accept a Fort Collins Utilities padlock (5/16” diameter shackle). All raceways and compartments ahead of the entrance shall also be sealable. 8.3.2.6. CT cabinets shall incorporate a provision (lug or terminal) for bonding line and load side service neutrals together and to the cabinet. This termination shall 1 Packet Pg. 197 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 13 also include a terminal for connecting #12 AWG solid or stranded copper wire to the neutral conductor within the enclosure for the purpose of providing a secondary neutral for the meter. 8.3.2.7. CT cabinets shall be installed immediately adjacent to the associated meter socket(s). A minimum clearance will be provided in front of the CT cabinet to fully open the door and have at least three feet of working space. A minimum clearance from finished grade to bottom of the CT cabinet shall be no less than 12 inches. The installation height of the CTs and/or PTs shall be between 24 inches minimum and 72 inches maximum measured from the center of the CTs to finished grade. 8.3.2.8. The phase arrangement on a 3-phase installation shall be A, B, C left-to- right, top-to-bottom when viewed from the front of the switchgear, except for a 3- phase, 4-wire delta system in accordance with 2014 NEC® Article 408.3(E) Exception, or as may be amended. The high-leg of a 3-phase, 4-wire delta system shall be installed in the right-hand phase position for vertical bus or the bottom phase position for horizontal bus in the switchgear CT compartment. 8.3.2.9. CTs must be installed with the white dot (H-1) facing the line side (towards the transformer). Any variance from these requirements must have approval of the Electric Meter Shop. 8.3.2.10. Installations of 800 amp rating and below shall have mounting provisions for an ABB Type CMF bar-type CT or ABB type CMV urn style CT. If urn type used then a minimum 12" length removable bus section and CT support angles shall be provided. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.2.11. Installations from 1000 to 4000 amp rating shall have a minimum 12" length removable bus section and CT support angles which will accommodate an ABB Type CLC window-type CT. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.2.12. Split core or clamp-on CTs for utility metering purposes are expressly prohibited. 8.3.3. Wall Mounted CT Cabinet Requirements 8.3.3.1. In addition to the General CT Cabinet Requirements wall mounted CT cabinets shall meet the requirements in this section. 8.3.3.2. 277/480V services greater than 320 amps may require Potential Transformers (PTs). A CT cabinet with integral PT mounting provisions is the preferred equipment (See table 8-4 for minimum dimensions). External PT enclosures require approval by Fort Collins Utilities Electric Meter Shop. PT mounting height must not exceed 6 feet. No electrical conductors may be in front of PTs. 8.3.4. Switchgear Mounted CT Cabinet Requirements 8.3.4.1. In addition to the General CT Cabinet Requirements switchgear mounted CT cabinets shall meet the requirements in this section. 8.3.4.2. A metering neutral lug, which will accommodate one #12 AWG solid through two #10 AWG stranded wires for the metering neutral conductors, shall be available near the front of the CT compartment so that it can be safely accessed even if the switchgear is energized. 8.3.4.3. All instrument transformer compartments shall have barriers between all adjacent areas. All panels providing access to unmetered conductors shall have fasteners that cannot be removed from the exterior. 1 Packet Pg. 198 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 14 8.3.4.4. 277/480V switchgear shall be manufactured with factory-installed provisions for unobstructed mounting of PTs inside the same compartment as CTs. 8.3.5. Service Connection Cabinets 8.3.5.1. In addition to the General CT Cabinet Requirements service connection cabinets shall meet the requirements in this section. 8.3.5.2. Single point services to multiple buildings may be metered with a pad- mounted service connection cabinet with or without customer disconnect switch. The use of a service connection cabinet with a customer disconnect switch provides the ability for the customer to de-energize their own service for equipment maintenance without calling the Utilities to schedule an outage. It also allows the metering and service disconnect to be located at a point that is mutually advantageous to both the customer and the Utilities. 8.3.5.3. All buildings shall be served from the same transformer. 8.3.5.4. The maximum metered load shall not exceed 4000 amps. 8.3.5.5. Installations of 800 amps and less shall have mounting provisions for an ABB Type CMF bar-type CT. 8.3.5.6. Installations from 1000 to 4000 amp rating shall have a minimum 12" length removable bus section and CT support angles which will accommodate an ABB Type CLC window-type CT. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.5.7. The customer shall install the pad and padmounted secondary connection cabinet. 8.3.6. CT Wiring and Communications Conduit 8.3.6.1. In all CT metering cases, the customer will furnish and install a minimum 1 inch conduit between the meter socket and the CT location for use by Fort Collins Utilities. Fort Collins Utilities will install and terminate conductors from the CT secondary to the meter socket using customer-furnished conduit. The customer will not install any conductors in this conduit. The maximum distance (total length of conduit run) will be 50 feet with no more than three 90-degree bends in a single pull section. If distance exceeds 50 feet, contact Electric Meter Shop for approval. 8.3.6.2. In all commercial CT metering cases the customer will also furnish and install a minimum ¾ inch conduit between the meter socket and the main phone room in the facility. 8.4. Mobile Home Parks – Meter Pedestals 8.4.1. This section covers mobile home park installations utilizing single position and ganged meter pedestals. 8.4.2. All permanent meter pedestals shall be a manufactured product for electric metering purposes. For temporary electric services refer to Section 4.2.6 – Temporary Service. 8.4.3. All manufactured meter pedestals shall be NEMA Type 3R rainproof construction and UL listed. 8.4.4. Meter pedestals shall meet all requirements listed in Section 8.2 – Self Contained Meter Sockets, excluding requirements listed in Section 8.2.9 – Commercial Meter Sockets. 8.4.5. Meter pedestals shall have three separate isolated sections for metering equipment, utility terminations, and customer equipment. 8.4.6. Meter sockets shall be rated for a minimum of 100 amps. 1 Packet Pg. 199 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 15 8.4.7. The mounting height from the bottom of the meter to ultimate final grade should be 36 inches. 8.4.8. Each meter position shall be plainly and permanently marked to indicate which unit it supplies. The marking is to be the same as the mailing address for each unit. The owner or developer will be responsible for electricity delivered through unmarked or incorrectly labeled meter sockets. 8.4.9. Expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner, whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.4.10. All wiring from the customer side of the meter is to be installed, owned and maintained by the owner. The point of delivery shall be the source side terminals of the meter socket. 8.4.11. The Utilities will install, own, operate and maintain circuits and equipment up to the point of delivery. 8.4.12. The Utilities shall have Utilities -sealed access to the meter socket. 8.4.13. The customer shall own, maintain and operate all breakers, receptacles and other devices on the customer side of the point of delivery. 8.5. Commercial Meter Pedestals 8.5.1. This section covers meter pedestals in commercial applications that shall be rated for a minimum of 100 amps but no more than 320 amps. 8.5.2. All commercial meter pedestals shall adhere to requirements in Section 8.4 with additional requirements as follows: 8.5.2.1. Pedestal shall have a lever bypass as required for all meter sockets. 8.5.2.2. Pedestal material shall be constructed of stainless steel. 8.5.3. Any exception to the meter pedestal requirements outlined above will require the approval of Fort Collins Utilities Electric Meter Shop prior to installation. 8.6. Cold Sequence Metering 8.6.1. This section covers the requirements for installations containing line-side disconnects (i.e. cold sequence metering). 8.6.2. The cold sequence disconnect shall be furnished, owned, and maintained by the customer. 8.6.3. Cold sequence disconnects shall be installed on the same wall directly ahead of and within 24 inches of the electric meter. 8.6.4. Cold sequence disconnects shall contain provisions for a Utility wire seal for the cover and a Utility padlock in the operating handle “Off” position. Wire seals are used to secure the enclosure from unauthorized entry and to allow the customer emergency access only. The padlock will only be used to lock disconnects in the off position for services that are shut off. 8.6.5. Cold sequence disconnects shall not be used as the service disconnecting means and shall not be operated by the customer except for emergency conditions. 8.6.6. Acceptable cold sequence disconnects include a load-make/load-break safety or pullout switch and shall be ahead of each individual meter as shown in Figure 8-2. In cases where multiple commercial meter sockets are part of a commercially manufactured unit, it is acceptable to have a single main disconnect acting as a cold sequence/main disconnect. In these cases, each individual meter socket shall have a service disconnect (Figure 8-1). 1 Packet Pg. 200 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 16 Figure 8-1 – Ganged Meter Socket Cold Sequence Metering Figure 8-2 – Meter Sockets Served by Common Service Conductor 8.6.7. As stated in NEC Article 230.82, the cold sequence disconnect shall be capable of interrupting the load served. The ampere rating of the cold sequence disconnect shall not exceed the amp rating of the meter socket. 8.6.8. Acceptable customer service disconnects may include fault current-limiting fuses ahead of each individual meter. Current-limiting fuses shall be selected to limit faults to 10,000 symmetrical RMS amps at the meter. A fault-current-limiting breaker may be utilized provided that a fault current analysis report performed and signed by a registered professional engineer is submitted and approved by Fort Collins Utilities Electric Meter Shop. Fault current calculations in report shall be based on worst case utility electric system and transformer impedance. 8.7. Parallel Generation Metering 8.7.1. If satisfactory metering is not otherwise provided, the Utilities may install and maintain meters at a mutually agreed upon location to measure the integrated demand and kilowatt-hours. 1 Packet Pg. 201 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 17 8.7.2. If the Operator sells to a purchasing utility, such metering shall be approved by the Utilities and PRPA, and shall record and indicate the integrated demand as determined by the Utilities and shall measure kilowatt-hours. 8.7.3. Meters for measure of reactive volt-ampere hours may be required by the Utilities if deemed appropriate. 8.7.4. All meter equipment, installation, ownership and administration costs thereof shall be borne by Operator, including costs incurred by the Utilities for inspecting and testing such equipment. 8.7.5. All billing meters used to determine the billing of sales to a purchasing utility shall be sealed. Seals shall only be broken by Utilities personnel for the purposes of meter testing, inspection, adjustment, or other maintenance. 8.7.6. The Utilities shall, at the Operator's expense, inspect and test all meters upon their installation and thereafter as determined necessary by Utilities. 8.7.7. If requested to do so by the Operator or the purchasing utility, the Utilities shall inspect or test a meter more frequently than the standard Utilities practice, but the expense of such inspection or test shall be borne by the Operator. 8.7.8. All billing meters shall be installed and operated in accordance with the terms and conditions of PRPA and the purchasing utility. 9. Construction Coordination Sequence 9.1. General 9.1.1. Construction coordination and scheduling is the responsibility of the developer and owner/builder. To ensure maximum economy in construction, the sequence of installation of utilities, streets, driveways, sidewalks, etc., must be coordinated with the Utilities. 9.1.2. Increased construction costs incurred by the Utilities due to the lack of economic scheduling or construction coordination will be charged to the developer or owner/builder. 9.1.3. In general, underground utilities should be installed from deepest to shallowest, i.e. the deepest utility should be installed first, the second deepest second, etc. 9.1.4. The underground utility installation sequence diagram included herein illustrates the typical construction plan and profile, along with typical developer and owner/builder sequence steps. This diagram is provided as a guide to assist the developer and the owner/builder. Actual construction sequences must be coordinated with the Utilities on a project by project basis. 9.1.5. Changes or additions to the electric system due to development deviations will be made at the expense of the developer or owner. A development deviation is any variation from the prescribed sequence of development that increases the cost of construction for the Utilities. 9.2. Prerequisite to Construction 9.2.1. The developer shall grant easements for the installation of the Utilities’ facilities. 9.2.2. All lot corners pertaining to the underground system must be staked and all final grading on the service lines and easements completed before work will be started. Curb (except for radius sections), gutter and final grade, adjacent to and 15 feet from the property side of the curb, must be completed prior to the installation of the electric facilities. 9.2.3. Concrete curb and sidewalks must be cured a minimum of 7 days to prevent damage thereto. 1 Packet Pg. 202 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 18 9.3. Street Crossing Option 9.3.1. Upon the approval of the Utilities, a developer may install conduits at street crossings. This option expedites the development process when street paving is scheduled before the underground electrical system can be installed. 9.3.2. The Utilities will specify the locations of such crossings and provide all materials to the developer. 9.3.3. All crossings must be inspected and approved by the Utilities. A credit will be issued to the developer in the amount of the net savings realized by the Utilities due to the developer's installation of the conduits. 9.3.4. The developer/owner/agent is responsible for the cost and repair or replacement of damaged or unusable conduit in street crossings provided for installation of electric and joint use facilities. 9.4. Trenching Option 9.4.1. At the discretion of the Utilities, the developer or owner may be required to furnish all necessary trenches, excavations and backfills to meet the requirements established by the Utilities for the underground electric system. A credit will be given based on trenching costs to the Utilities in average soils. 9.4.2. All trenches dug by the developer or owner will be inspected and approved by the Utilities prior to the installation of conduits and conductors. The Utilities will, in these cases, approve the backfill material and installation. If the excavated material contains rock, the developer will be required to supply proper backfilling material. 9.4.3. It is the developer or owner's responsibility to coordinate all work, including the inspection of trenches and backfill. The Utilities reserves the right to test compaction or depth at the cost of the developer or owner. 9.5. Joint Use Construction 9.5.1. In cases where the electric trench is to be used for the installation of communications or other utility facilities, plans shall be made with the Utilities for inclusion in the final electrical design prior to the developer's request for scheduling and a minimum of two weeks prior to the date that electric construction is to begin. 9.5.2. The initial planning, coordination and implementation of a joint use agreement with the Utilities shall be the responsibility of the developer, owner and or third party utility desiring joint use trench. 9.5.3. The Utilities will not offer joint use to those who have not completed the coordination of their planning with the joint use parties. 9.5.4. Joint use costs will be charged to the owner/developer or third party utility to recover engineering service, construction, installation of facilities, maintenance and administrative costs. 10. Easements 10.1. By making application for electric service, the customer agrees to grant or arrange for an easement on the customer’s property for the installation, operation and maintenance of electric lines, wires and other equipment of the Utilities necessary to render service to the customer. 10.2. When requested by the Utilities, the customer shall without expense to the Utilities make or procure a conveyance to the Utilities of satisfactory easements across the property owned or controlled by the customer for the Utilities’ lines or extensions thereof necessary or incidental to the furnishing of service to the customer. 1 Packet Pg. 203 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 19 10.3. If such installation must be made on or over the property of a third party, it shall be the responsibility of the customer to obtain an easement for the Utilities from the third party before the installation can be made and service rendered. 10.4. If, after service is originally rendered, the customer’s property is divided in such a manner that part of the property no longer has access to the right-of-way of the Utilities’ distribution system, the customer shall reserve an easement for the benefit of the Utilities so that the Utilities may render electric service to such isolated parcel. 10.5. In the case where an easement has been granted and electric distribution facilities have been installed, the parties seeking to have such easement changed shall pay the Utilities the actual cost for relocation of the electric distribution facilities and shall provide the necessary alternative rights-of-way. 11. Interconnection of Qualifying Parallel Generation Facilities 11.1. Application Any Qualifying Facility (see definitions) may interconnect with, operate in parallel with, or transmit over the Utilities’ facilities as provided herein. 11.1.1. Each Qualifying Facility shall make application to the Utilities and obtain written approval of entrance location, number of phases, voltage number and types of meters, and underground or overhead connection before making commitments to equipment purchases and before the start of construction. 11.1.2. The Operator of each Qualifying Facility shall obtain a Permit-to-Operate from Utilities prior to final parallel connection and operation with the Utilities’ electric distribution system. 11.2. Initial Start-Up 11.2.1. Each Qualifying Facility shall notify the Utilities of the initial energizing and start-up test of the Qualifying Facility's generating equipment. The Utilities shall have the right to be present at such test. 11.2.2. Notice of such initial energizing and start-up test shall be given by the Qualifying Facility to the Utilities at a reasonable time prior to such event. 11.2.3. No Qualifying Facility shall operate in parallel with the Utilities’ system until all relays, controls and other devices, as required by the Utilities, have been installed and all safety standards and testing requirements have been met. Upon satisfactory inspection of interconnection facilities, final written approval to operate shall be provided by the Utilities in the form of a Permit-to-Operate. 11.3. Facility Design and Construction 11.3.1. The Operator shall design, construct, install, own, operate and maintain the Facility and all equipment needed to generate and deliver energy and capacity except for any special facilities constructed, installed and maintained by the Utilities. 11.3.2. The Operator shall construct, install, own and maintain interconnection facilities and system protection facilities as required for the Utilities to provide for system capacity, safety and operation. 11.3.3. The Facility shall meet all requirements of applicable codes and all standards of prudent electrical practice and the requirements of the Utilities. Such requirements may include locks, seals, breakers, protective relaying, automatic synchrometers and disconnecting devices. 11.3.4. The Qualifying Facility operator shall submit all of the Facility's specifications to the Utilities for review and approval prior to connecting the Facility to the Utilities 1 Packet Pg. 204 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 20 system. The Utilities’ review of the Operator's specifications shall not be construed as confirming nor endorsing the design, or as any warranty of safety, durability or reliability of the Facility. 11.3.5. The Operator agrees that, upon demand of the Utilities, the Operator shall change its Facility to comply with changing requirements of the Utilities’ system. 11.4. Facility Operation and Maintenance 11.4.1. The Operator shall operate and maintain its Facility according to prudent electrical practices and shall generate or otherwise supply such reactive power necessary to maintain a 95% power factor to maintain voltage levels and reactive support to the system. 11.4.2. If the Operator is unable or unwilling to provide such reactive power, the Utilities may do so at the Operator's expense or may disconnect the Facility without notice. 11.4.3. Facility operation shall be such that its electrical operation parameters are within the Utilities’ system operating parameters at the point of Facility interconnection with the Utilities. 11.5. Changes in Facility or Capacity Rating 11.5.1. The Operator shall advise the Utilities and PRPA of any proposed changes in its Facility or its capacity rating prior to making such changes. 11.5.2. Such changes shall be made in accordance with the City Code and these rules and regulations as if the changes were a new Facility. 12. Working Adjacent To Overhead Lines 12.1. Any person, customer, business, or other party working within ten (10) feet of overhead power lines carrying more than 600 volts shall provide 72 hours of notice to the Utilities of such work. 12.2. The Utilities shall coordinate the efforts to cover up or in some manner to make such lines safe for the work or activity. 12.3. The customer, person, business or party shall pay all costs associated with making such lines safe. 12.4. Failure to notify the Utilities 72 hours in advance of any activity within 10 feet of overhead lines, shall relieve the Utilities of all responsibility or liability for accidents, injuries or damages arising through or from such activities. 13. Locate Policy Fort Collins Utilities facilities shall only be located by Fort Collins Utilities Locating personnel. Colorado State laws pertaining to location of facilities shall be followed when any parties are performing any construction or excavation. 14. Contractor Access to Transformer Secondary Compartments The Utilities will not provide access to energized transformer compartments. All contractor work performed in the secondary compartment of the transformer shall be completed while the transformer is de-energized in accordance with Fort Collins Utilities Light & Power Safety Manual. In order to schedule the de-energization of the transformer for contractor-requested work, contractors are required to provide 72 hours of notice to the Utilities. 1 Packet Pg. 205 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 21 15. Other Rules and Regulations These standards are intended to supplement and not alter applicable sections of the Municipal Code. If a conflict does occur, the Municipal Code shall apply. 16. Design Drawings Design drawings identified below are attached as appendices to this document and marked with the identified title. A description of the requirements included in the drawing is included. These design drawings are intended to either visually enhance requirements already discussed or to establish requirements that are referenced in earlier sections of the Electric Service Standards. ESS-1 shows requirements for an underground service meter installation. ESS-2 shows requirements for temporary electric service installations. ESS-3 shows what differentiates Single and Multiple Occupancy. ESS-4 shows clearance requirements for padmounted transformers from buildings, windows, doors, etc. ESS-5 shows clearance requirements for padmounted transformers from combustible walls, fire-resistant barriers, etc. ESS-6 shows clearance requirements for padmounted transformers from fire escape doors, decorative combustible enclosures, etc. ESS-7 shows clearance requirements for oil filled equipment from aesthetic screening enclosures. ESS-8.1 and ESS-8.2 show access and work clearance requirements for vaults and padmounted equipment. ESS-9 shows the underground utility installation sequence with attached sidewalk. ESS-10 shows the underground utility installation sequence with detached sidewalk. 17. Modifications Whenever there are practical difficulties involved in carrying out the requirements described in the design drawings referenced in Section 16 of the Electric Service Standards, a Utilities official shall have the authority to grant modifications for individual cases, upon application of the developer, provided such Utilities official finds that the proposed design plan is in compliance with the intent and purpose of the Electric Service Standards and that such modification does not lessen health, accessibility, life and fire safety, or reliability. The details of action granting or denying modification requests shall be recorded and entered in the Utilities department files. 18. Appeals The Utilities Executive Director is authorized to hear and decide appeals of decisions made by the Utilities official relative to the application and interpretation of the requirements contained in the design drawings referenced at Section 16 of the Electric Service Standards. When a developer desires relief from a decision of the Utilities official, such developer must first apply for a modification under Section 17 above, and receive a notice of decision on that request from the Utilities official. If after receiving a modification decision a developer desires to seek further relief, such developer may appeal the subject modification decision to the Utilities Executive Director stating that such decision was based on erroneous interpretation of the requirements contained in the design drawings referenced at Section 16 of the Electric Service Standards. Such appeal must be filed in writing with the Utilities Executive Director within ten days of the 1 Packet Pg. 206 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 22 developer’s receipt of notice that the Utilities official has denied the developer’s modification request. The Utilities Executive Director is authorized to rule in favor of the developer when the Utilities Executive Director determines that the interpretation of the applicable requirements was erroneous or when the Utilities Executive Director determines an alternative design or plan is equivalent to the requirements prescribed by the applicable design standard considering effectiveness, fire resistance, durability, safety, health and reliability. 1 Packet Pg. 207 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 23 Glossary Building Site Charges - Charges for installing electric service lines from the street to the residential meter or commercial transformer. Off-site facilities (kVA load) charge, primary service charge, and secondary service charge are collectively referred to as "building site charges." Cold Sequence Disconnect – A disconnect installed on the line side of the metering equipment capable of interrupting the load served. Commercial service construction – Any service used primarily for the operation of a business or, regardless of use or purpose, requiring over 200 amps or three phase is a commercial or industrial service. Development Charges - Charges for providing primary electric service to the lot corner of the site, including the cost of streetlight construction. Off-site facilities, primary charge and streetlight charge are collectively referred to as "development charges." Excavation - Any operation in which earth is moved or removed by means of any tools, equipment or explosives and includes, but is not limited to, auguring, backfilling, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling. Off Site Facilities - Delivers electric power from main substations to subdivisions and load areas. Off Site Facilities Charge - Cost to bring primary electric power from main substations to subdivisions and load areas. Point of Delivery - That point beyond which the customer is responsible for installation, maintenance and field locating of electrical equipment. Except as otherwise specified in these Electric Service Standards, the point of delivery for residential construction applications is the source side of the electric meter socket termination lugs. For commercial and industrial service applications, the point of delivery is the secondary lugs or spades of the distribution transformer, or, if existing, it is the nearest junction box/vault installed by Utilities serving the load at issue. For primary metered customers, the point of delivery is the source-side terminations in customer- owned switchgear or as otherwise designated by Utilities. Primary Charge - Cost to bring primary electric power at primary voltage from the subdivision boundary to the internal loads in the subdivision. Primary Electric Service - All cable, enclosures, switches and associated apparatus necessary to provide primary service to the transformers or primary bus from the primary feeder. Primary Feeder - Delivers electric power at primary voltage to the subdivision or individual load from the off-site facilities. Primary Service Charge - Cost to bring primary voltage electric cable to padmounted transformers or building vaults on customer's premises. Redevelopment - New construction on a site on which development charges have not previously been paid, or as determined by the Utilities. Residential service construction- Any single phase service for the exclusive use of the individual customer for domestic purposes. Any service application requiring over 200 amps, or three phase, regardless of purpose, is a commercial or industrial service. Secondary Electric Service - Electric distribution service cables of 600 volts and below from the transformer to the customer's metering point. Secondary Service Charge - Cost to bring electric distribution service cables of 600 volts and below from the transformer to the customer's metering point. Streetlight Charge - The charge for the installation of new streetlights. Streetlights are installed in accordance with the City of Fort Collins' Design Criteria and Standards for Streets. Temporary Service - Temporary service is defined as electric service provided for a short- term need, such as that service required by such customers as special events or festivals, construction contractors, and similar enterprises. UL - Underwriters' Laboratories, Inc. Utilities - The City of Fort Collins Utilities (the Utilities). 1 Packet Pg. 208 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 209 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 210 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 211 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 212 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 213 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 214 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 215 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 216 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 217 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 218 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) 1 Packet Pg. 219 Attachment: Electric Service Standards (4442 : Proposed changes to City Code and Electric Service Standards-ORD) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. EXECUTIVE SUMMARY A. First Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. First Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. The purpose of this item is to amend the January 22, 2015 Amended and Restated Intergovernmental Agreement for the joint operation of the Airport (“IGA”), delegate, within specific parameters, the authority for the Northern Colorado Regional Airport Commission to enter into longer lease agreements, grant agreements, and make expenditures for Airport operations or capital needs from appropriated, but unassigned reserves . Ordinance No. 067, 2016, also ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003 to comply with Article IV, Section 1 of the City Charter and actions taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Ordinance No.068, 2016, amends the City Code to address the impact the First Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading BACKGROUND / DISCUSSION At the April 27, 2016, meeting, the Airport Commission reviewed and approved a First Amendment to the Airport IGA establishing the Commission. The Commission r ecommends that in order to provide efficient airport operations, the City Council expand the Commission’s authority to:  enter into lease agreements within the maximum allowable terms as given by the FAA  enter into grant agreements on behalf of the two Cities up to a certain amount  provide a recommended budgetary reserve policy that will be used to create the ability for the Commission to spend balances of the Airport fund for Airport needs. 11 Packet Pg. 220 Agenda Item 11 Item # 11 Page 2 Amendment of the IGA requires the approval of both City Councils . Because both the underlying Airport IGA and the amendment deal with the assignment of powers and duties to an appointed commission, this action is being accomplished by Ordinance pursuant to Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions by ordinance. The Ordinance ratifies and reaffirms the approval of the IGA and creation of the Commission as set forth therein, and ratifies the actions of the Commission and its officers and members taken pursuant to the IGA. The First Amendment to the Airport IGA impacts certain other provisions of the City Code related to the Airport. Ordinance No. 068, 2016, amends City Code to address the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. Finally, the Commission has previously approved Rules and Regulations sub-delegating authority to the Airport Manager to sign Airport leases for a term of up to 10 years. 11 Packet Pg. 221 -1- ORDINANCE NO. 067, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, TO BE KNOWN HENCEFORTH AS THE NORTHERN COLORADO REGIONAL AIRPORT, AND RATIFICATION OF PREVIOUS ACTIONS WHEREAS, in 1963, the cities of Fort Collins and Loveland (the “Cities”) established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the “Airport”); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; 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 (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, by adoption of Resolution 2015-003 on January 6, 2015, the City Council approved the IGA; and WHEREAS, the Commission, at its April 27, 2016 meeting, approved and recommended adoption by the Cities of certain proposed amendments to IGA expanding the powers delegated to the Commission as set forth in the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport attached hereto as Exhibit “A” (the “First Amendment”); and WHEREAS, at the April 27, 2016 meeting, the Commission also voted to change the name of the Airport to the Northern Colorado Regional Airport; and WHEREAS, in accordance with the provisions of Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions, the City Council desires by adoption of this Ordinance to ratify and reaffirm the approval of the IGA and creation of the Commission as set forth therein; and WHEREAS, the City Council has determined that amendment of the IGA is necessary to reflect its desire to expand the powers delegated to the Commission as set forth in the First Amendment in order to provide more effective and efficient Airport management and operation; and Packet Pg. 222 -2- WHEREAS, the Council, on behalf of the City in its role as an owner and operator of the Airport under the IGA, concurs with the Commission’s action changing the name of the Airport and declares that henceforth the Airport shall be known as the Northern Colorado Regional Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That, by adoption of this Ordinance City Council hereby ratifies and reaffirms the approval of the IGA and creation of the Commission as set forth therein and all actions heretofore taken by the Commission, its officers and members with res pect to operation and management of the Airport pursuant to and within the scope of the IGA. Section 3. That the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport attached hereto as Exhibit “A” and incorporated herein by reference is hereby approved. Section 4. That the Mayor is authorized to execute the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort C ollins- Loveland Municipal Airport together with such changes to the form of said Agreement as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City provided such changes ar e materially consistent with the terms of this Ordinance and the intended purpose of said Agreement. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 223 -3- Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 224 FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE, FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT THIS First Amendment is made and entered into this _____ day of , 2016, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to individually as a “City” and collectively as the "Cities." W I T N E S S E T H : WHEREAS, in 1963, the Cities established a regional general aviation facility and became the joint owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the "Airport"); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; 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 (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be operated and maintained as the Cities’ joint venture; and WHEREAS, the Cities have further determined that amendment of the IGA is necessary to reflect their desire to clarify the authorized powers of the Commission and delegate additional Airport duties and responsibilities to the Commission in order to provide more effective and efficient Airport management and operation. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. That Section 1. of the IGA is hereby amended to read in full as follows: 1. Joint Airport Operation. The operation and maintenance of the Airport is a joint venture between the City of Fort Collins and the City of Loveland, with full management and policy-making authority vested equally in both Cities. The following management and policy making issues (“Policy Issues”) are reserved to and shall require approval of the City Councils: A. adoption of the Airport Master Plan; 1 Packet Pg. 225 Attachment: Airport Exhibit A (4447 : Airport IGA ORD) 2 B. approval of and participation in federal and state grant agreements except those that the Commission is authorized to approve under section 4 below; C. approval and execution of federal and state grant assurances, the approval of which is hereby delegated to the City Managers of each City as to their City; D. purchases and sales of real property or structures; E. construction of capital projects except to the extent of the authority granted to the Commission in section 4 below; F. approval of the annual Airport budget, which shall include a capital reserve fund (“Capital Reserve”) and an operating reserve fund (“Operating Reserve”); and G. approval of each Cities’ annual contributions to and appropriation of the Airport budget (the “Approved Airport Budget”). 2. That Section 4. of the IGA is hereby amended to read in full as follows: 4. Commission Powers and Scope of Authority. The Cities do hereby delegate to the Commission, to the extent consistent with and subject to any Airport plans or policies jointly adopted by the City Council, applicable federal and state law, the Cities’ charters, ordinances and regulations, as they exist or as amended, the terms and conditions of Federal Aviation Administration (“FAA”) regulations or other grant agreements, including without limitation any grant assurances set forth therein, and any other limitations set forth herein, the following power and authority to: A. Enter into Airport agreements, including Airport property leases and contracts for goods and services, provided that such agreements are: i. in a form generally approved by the City Manager and City Attorneys for each City; ii. as to leases of Airport property and improvements, are for an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use, are for a use permitted by any land use or zoning codes or regulations applicable to the Airport property, and are for a total term not to exceed fifty years; iii. within the Approved Airport Budget and appropriations, and iv. entered into in accordance with City of Loveland Purchasing policies. B. Authorize Airport activities; C. Adopt or revise Airport rules and regulations, including minimum standards; D. Develop budgets, establish capital and operations reserve policies and propose capital projects consistent with Approved Airport Budget; E. Expend appropriated funds consistent with the Approved Airport Budget, provided that any expenditures from Capital Reserves and Operating Reserves included in the Approved Airport Budget do not exceed the lesser of: i. Twenty-five percent (25%) of the annual Budget approved by the Councils, or 1 Packet Pg. 226 Attachment: Airport Exhibit A (4447 : Airport IGA ORD) 3 ii. Fifty percent (50%) of the unassigned balances of the Airport Fund including Operating Reserves, and the Airport Capital Fund. Notwithstanding the foregoing, the expenditure of Capital Reserves and Operating Reserves permitted under this Section 4.E shall be permitted only to the extent that such amounts have been appropriated by the Cities, and do not result in reduction of the Reserves below any minimum amount required by policy approved by the Cities; F. Establish Airport rates, fees and charges on an annual basis; G. Establish Airport service levels; H. Develop an Airport operating plan, including security and emergency plans; and I. Direct the Airport Manager in the provision of Airport services, including the establishment of goals and objectives for each year and annual evaluations of the Airport Manager’s performance in relation thereto in order to make recommendation to the Loveland City Manager regarding employment matters involving the Airport Manager; J. Sign grant agreements to the extent permitted by grantors, so long as such grant agreements: (i) do not include commitment of Airport revenues and funds for grant matches of more than $300,000 from appropriated funds included in the Approved Airport Budget; (ii) do not involve capital construction projects unless such projects are included in the Approved Airport Budget; and (iii) are approved by the City Managers, to the extent the City Managers are authorized by their respective City Councils to do so; K. Provide recommendations to the Cities regarding Airport policy issues. 3. That the name of the Airport throughout the IGA shall be Northern Colorado Regional Airport. 4. That except as amended by this First Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this First Amendment has been executed the day and year first above written. THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: __________________________ Mayor 1 Packet Pg. 227 Attachment: Airport Exhibit A (4447 : Airport IGA ORD) 4 ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ______________________________ Mayor ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ City Attorney FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT 1 Packet Pg. 228 Attachment: Airport Exhibit A (4447 : Airport IGA ORD) -1- ORDINANCE NO. 068, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS SECTIONS OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE DELEGATION OF AUTHORITY TO THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION AND CHANGE OF THE NAME OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT TO THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the cities of Fort Collins and Loveland (“Cities”) established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the “Airport”); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; 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, (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, by adoption of Resolution 2015-003 on January 6, 2015, the City Council approved the IGA; and WHEREAS, the Commission, at its April 27, 2016 meeting, approved and recommended adoption by the Cities of certain proposed amendments to IGA expanding the powers delegated to the Commission as set forth in the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport (the “First Amendment”); and WHEREAS, at the April 27, 2016 meeting, the Commission also voted to change the name of the Airport to the Northern Colorado Regional Airport; and WHEREAS, with its adoption of Ordinance 067, 2016, the City Council approved the First Amendment to the IGA to reflect its desire to expand the powers delegated to the Commission as set forth in the First Amendment in order to provide more effective and efficient Airport management and operation; and WHEREAS, with the adoption of Ordinance 067, 2016, the City Council also ratified and affirmed approval of the IGA and creation of the Commission as set forth therein pursuant to the provisions of Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions; and -2- WHEREAS, the Council, on behalf of the City in its role as an owner and operator of the Airport under the IGA, concurs with the Commission’s action changing the name of the Airport and declares that henceforth the Airport shall be known as the Northern Colorado Regional Airport; and WHEREAS, the Council desires to amend the City Code to enable the delegation of powers to the Commission as set forth in the First Amendment and to make other conforming changes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the definition of “Airport” contained in Section 7.5-90 of the Code of the City of Fort Collins is hereby amended to read as follows: Airport shall mean the area of the Northern Colorado Regional Fort Collins-Loveland Municipal Airport. Section 3. That Subsection Section 7.5-91(a) of the Code of the City of Fort Collins is hereby amended to read as follows: (1) The City, together with the City of Loveland, owns and controls that certain Airport and air navigation facility located in Larimer County, State of Colorado, and known as the Fort Collins-Loveland Municipal Northern Colorado Regional Airport (the "Airport"). Section 4. That Subsection 23-113(b) of the Code of the City of Fort Collins is hereby amended to read as follows: . . . (b) Interests in other real property owned in the name of the City may be leased subject to the following provisions: (1) The City Council may lease any and all interests in real property owned in the name of the City if the City Council first finds that the lease is in the best interests of the City. Such leases may be approved by the City Council by resolution unless the proposed term of the lease exceeds twenty (20) years, in which event the lease must be approved by the City Council by ordinance. (2) The City Manager may lease, for a definite term of five (5) years or less, any interests in real property owned in the name of the City. This five-year -3- limitation shall not apply to the lease of real property located at the Northern Colorado Regional Fort Collins-Loveland Municipal Airport. (3) The Northern Colorado Regional Airport Commission may, on behalf of and in the name of the City and the City of Loveland, as co-owners and operators of the Northern Colorado Regional Airport, Any lease of an interest in real property owned in the name of the City and located at the Fort Collins-Loveland Municipal Airport shall be subject to the following requirements: (a) All leases of Airport property shall be in a form generally approved by the City Manager and the City Attorney; (ab) The use to which the real property is to be put under the lease is an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use; (bc) The use to which the real property is to be put is permitted by any land use or zoning codes or regulations applicable to the real property; and (cd) The lease and the use to which the real property is to be put are in compliance with all Federal Aviation Administration and state laws, regulations and agreements applicable to the property to be leased.; (e) The total term of the lease, including all options to extend, shall not exceed fifty years; and (f) Any direct monetary obligations created by the lease are within the approved Airport budget and appropriations. (4) The City Manager shall promptly notify the City Council of the execution of any lease agreement entered into by the City pursuant to Paragraph (2) above. (5) The Northern Colorado Regional Airport Commission shall notify the City Council of the execution of any lease agreement entered into by the Commission on behalf of the Cities pursuant to Subsection (3) above. -4- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Mountain's Edge Annexation. EXECUTIVE SUMMARY A. Resolution 2016-041 Setting Forth Findings of Fact and Determinations Regarding the Mountain’s Edge Annexation. B. Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 18.52 acres loca ted at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on the agenda. This annexation request is in conformance 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 Ordinance on First Reading. BACKGROUND / DISCUSSION The subject property gains the required one-sixth (16.66%) contiguity to existing City limits from three sides. As a result, there is 84.30% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. Annexing this 18.52 acres parcel does not create (nor does it contribute to) an enclave. BOARD / COMMISSION RECOMMENDATION At its April 7, 2016 regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the L-M-N, Low Density Mixed- Use Neighborhood zone district and into the Residential Neighborhood Sign District . Minutes of this hearing are attached. Most of the comments raised at the hearing were related to the potential development aspects of a Project Development Plan. PUBLIC OUTREACH Given the location of the parcel within the City’s Growth Management A rea, with 84.3% of the total perimeter boundary being contiguous to be existing municipal boundary and with the Intergovernmental Agreements in 12 Packet Pg. 233 Agenda Item 12 Item # 12 Page 2 place with Larimer County, no neighborhood meeting was held for this annexation and zoning. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting will be required prior to submittal of a Project Development Plan. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Planning Objectives (PDF) 5. Annexation Petition (PDF) 6. Plannnig & Zoning Board Minutes April 7, 2016 (PDF) 12 Packet Pg. 234 Site - Mountain's EdgeAnnexation & Zoning W Stuar t S t HampshireRdW Stu a r t S t YorkshireStHughesStadium C o u n t y R d 4 2 C S Taft Hill RdW Elizabeth St W Prospect Rd W Drake Rd W Horsetooth Rd W C o u n t y R o ad 38E W Harmony RdS Overland TrlMajor Street Names Annexation City Limits Growth Management Area ±Mountains's Edge Annexation & ZoningVicinity Map 1 inch = 2,000 feet ATTACHMENT 1 12.1 Packet Pg. 235 Attachment: Vicinity Map (4448 : Mountain's Edge Annexation) Site - Mountain's EdgeAnnexation W Stua r t S t HampshireRdW Stuart St YorkshireStC o u n t y R d 4 2 C W Elizabeth St S Taft Hill RdW Prospect Rd W Horsetooth Rd W Drake Rd W C o u n ty Road 38E W HarmonyRdS Overland TrlMountain's Edge AnnexationStructure Plan Boundaries Fort Collins GMA Potential GMA Expansion City Limits County Boundary Districts Neighborhood Commercial District Campus District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Foothills Corridors Open Lands, Parks and Water Corridors Enhanced Travel Corridor (Transit)© 1 in = 0.4 miles ATTACHMENT 2 12.2 Packet Pg. 236 Attachment: Structure Plan Map (4448 : Mountain's Edge Annexation) Site - Mountain's EdgeAnnexation & Zoning - L-M-N W Stuar t S t HampshireRdYorkshireStC o u n t y R d 4 2 C W Horsetooth Rd W Drake Rd W Prospect Rd RF LMN MMN POL UE RL NC Growth Management AreaCity Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Residential Foothills Low Density Residential Urban Estate (UE) ±Mountain's Edge AnnexationZoning 1 inch = 1,250 feet ATTACHMENT 3 12.3 Packet Pg. 237 Attachment: Zoning Map (4448 : Mountain's Edge Annexation) Page 1 February 22, 2015 Mountains Edge Statement of Planning Objectives The Mountains Edge Annexation site is located at 2430 Overland Trail. The purpose of this submittal is to annex the property to the City of Fort Collins and establish initial zoning. The site currently is vacant land. Uses surrounding the property consist of the following: South: Existing single-family residential housing West: City of Fort Collins land (undeveloped) North: Commercial (Drive-in movie theater) East: Existing single-family residential housing The site is designated for LMN (Low Density Mixed Use) per the City of Fort Collins Structure Plan. (i) Statement of appropriate City Plan Principles and Policies achieved by the proposed plan: The Prospect Station II PDP meets the following applicable City Plan Principles and Policies: Environmental Health Principle ENV 1: Within the developed landscape of Fort Collins, natural habitat/ecosystems (wildlife, wetlands, and riparian areas) will be protected and enhanced. Policy ENV 1.1 – Protect and Enhance Natural Features The area around Dixon Creek will be protected to preserve biological resources. Any adjacent development will be integrated into the area to minimize impacts. Community and Neighborhood Livability Principle LIV 1: City development will be contained by well-defined boundaries that will be managed using various tools including utilization of a Growth Management Area, community coordination, and Intergovernmental Agreements. Policy LIV 1.1 – Utilize a Growth Management Area This parcel is located within the City’s grow management area and is adjacent to City property on three sides. ATTACHMENT 4 12.4 Packet Pg. 238 Attachment: Planning Objectives (4448 : Mountain's Edge Annexation) Page 2 Principle LIV 2: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Policy LIV 2.1 – Follow Annexation Policies The Mountains Edge property meets the annexation requirements various annexation requirements. Principle LIV 6: A variety of housing types and densities for all income levels shall be available throughout the Growth Management Area. Policy LIV 6.1 – Types of Infill and Redevelopment in Residential Areas Policy LIV 6.2 – Seek Compatibility with Neighborhoods The Mountains Edge development provides an opportunity for redevelopment of an existing, undeveloped site and the design of the residential buildings will be compatible with the surrounding neighborhood. Principle LIV 7: A variety of housing types and densities for all income levels shall be available throughout the Growth Management Area. Policy LIV 7.1 – Encourage Variety in Housing Types and Locations Policy LIV 7.4 – Maximize Land for Residential Development While the residential product types for Mountains Edge have not yet been finalized, it is anticipated that multiple product types will be provided which will add variety to the housing types available in the area. Principle LIV 10: The city’s streetscapes will be designed with consideration to the visual character and the experience of users and adjacent properties. Together, the layout of the street network and the streets themselves will contribute to the character, form, and scale of the city. Policy LIV 10.2 – Incorporate Street Trees Mountains Edge will provide an attractive streetscape with street trees, and sidewalks. Principle LIV 23: Neighborhoods will feature a wide range of open lands, such as small parks, squares, greens, play fields, natural areas, orchards and community gardens, greenways, and other outdoor spaces to provide linkages and recreational opportunities both for neighborhoods and the community as a whole. Policy LIV 23.2 – Integrate Natural Features Mountains Edge will be designed to ensure that the Dixon Creek is protected. If possible, the creek area will be integrated into the overall design for the development. ATTACHMENT 4 12.4 Packet Pg. 239 Attachment: Planning Objectives (4448 : Mountain's Edge Annexation) Page 3 Principle LIV 44: Open Lands, Parks, and Water Corridors form an interconnected system that provides habitat essential to the conservation of plants, animals, and their associated ecosystems; serves the needs for drainage and water conveyance; and provides opportunities for recreational, educational, environmental, transportation, and other activities. Policy LIV 44.3 – Retain Water Corridors Policy LIV 44.4 – Utilize Buffers Dixon Creek which runs through the southern portion of the site will be maintained. Appropriate buffers will be applied to ensure the conservation of the natural system. The potential opportunity for providing trails along/around the Creek will be explored with future entitlement submittals. Transportation Principle T 8: Transportation that provides opportunities for residents to lead healthy and active lifestyles will be promoted. Policy T 8.1 – Support Active Transportation Policy T 8.2 – Design for Active Living Principle T11: Bicycling will be a safe, easy, and convenient mobility option for all ages and abilities Principle T 12: The pedestrian network will provide a safe, easy, and convenient mobility option for all ages and abilities. Within this development sidewalks will be provided for pedestrians and bicycles. Once site design is developed additional information will be provided as part of future entitlement packages but it is assumed that trails may be provided in portions of the site. This site is situated near Cottonwood Glen Park, Spring Canyon Community Park and Pineridge Natural Area which will provide additional opportunities to connect to existing pedestrian and bicycle systems. (ii) Description of proposed open space, wetlands, natural habitats and features, landscaping, circulation, transition areas, and associated buffering on site and in the general vicinity of the project. The Dixon Creek runs through the southern portion of the property. Buffering requirements will be determined at the time of PDP submittal. (iii) Statement of proposed ownership and maintenance of public and private open space areas; applicant's intentions with regard to future ownership of all or portions of the project development plan. The property within the annexation boundary is owned by the developer/owner. Any future changes in ownership and/or maintenance responsibilities will be provided with future entitlement packages. ATTACHMENT 4 12.4 Packet Pg. 240 Attachment: Planning Objectives (4448 : Mountain's Edge Annexation) Page 4 (iv) Estimate of number of employees for business, commercial, and industrial uses. n/a (v) Description of rationale behind the assumptions and choices made by the applicant. At this time the Mountains Edge Annexation project is not proposing any variance from the City of Fort Collins criteria. (vi) The applicant shall submit as evidence of successful completion of the applicable criteria, the completed documents pursuant to these regulations for each proposed use. The planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any variance from the criteria shall be described. Acknowledged. (vii) Narrative description of how conflicts between land uses or disturbances to wetlands, natural habitats and features and or wildlife are being avoided to the maximum extent feasible or are mitigated. The Dixon Creek runs through the southern portion of the property. Buffering requirements will be determined at the time of PDP submittal. (viii) Written narrative addressing each concern/issue raised at the neighborhood meeting(s), if a meeting has been held. A neighborhood meeting has not yet been held. (ix) Name of the project as well as any previous name the project may have had during Conceptual Review. The project is called Mountains Edge. The project was referred to as The Herring Property at the CRT. ATTACHMENT 4 12.4 Packet Pg. 241 Attachment: Planning Objectives (4448 : Mountain's Edge Annexation) ATTACHMENT 512.5 Packet Pg. 242 Attachment: Annexation Petition (4448 : Mountain's Edge Annexation) ATTACHMENT 512.5 Packet Pg. 243 Attachment: Annexation Petition (4448 : Mountain's Edge Annexation) ATTACHMENT 512.5 Packet Pg. 244 Attachment: Annexation Petition (4448 : Mountain's Edge Annexation) ATTACHMENT 512.5 Packet Pg. 245 Attachment: Annexation Petition (4448 : Mountain's Edge Annexation) ATTACHMENT 512.5 Packet Pg. 246 Attachment: Annexation Petition (4448 : Mountain's Edge Annexation) ATTACHMENT 612.6 Packet Pg. 247 Attachment: Plannnig & Zoning Board Minutes April 7, 2016 (4448 : Mountain's Edge Annexation) ATTACHMENT 612.6 Packet Pg. 248 Attachment: Plannnig & Zoning Board Minutes April 7, 2016 (4448 : Mountain's Edge Annexation) -1- RESOLUTION 2016-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MOUNTAIN’S EDGE ANNEXATION WHEREAS, per Resolution 2016-031, annexation proceedings were heretofore initiated by the City Council for property to be known as the Mountain’s Edge Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. 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, 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 and 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 said Act have been met, that an election is not required under said 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 said 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. 249 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: ___________________________ City Clerk Packet Pg. 250 -1- ORDINANCE NO. 069, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MOUNTAIN’S EDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-031, finding substantial compliance and initiating annexation proceedings for the Mountain’s Edge Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-041 setting forth findings of fact and determinations regarding the Mountain’s Edge Annexation is being 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 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 2016-031 and Resolution 2016-041 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES, MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Mountain’s Edge Annexation, which annexation shall become effective upon completion of th e conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Packet Pg. 251 -2- 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. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 252 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. 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 2015-091. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In compliance with the City’s Structure Plan Map, an element of the City’s Comprehensive Plan (City Plan), the requested zoning is L-M-N, Low Density Mixed-Use Neighborhood. Context The surrounding zoning and land uses are as follows: N: County FA-1 Drive-In Movie Theatre S: R-L Quail Hollow and Burns Ranch Subdivisions E: R-L Brown Farm Subdivision W: P-O-L Pine Ridge Natural Area Zoning Per the Structure Plan Map, the proposed zoning for the subject annexation is L -M-N, Low Density Mixed-Use Neighborhood. The Land Use Code describes this district as: “…intended to be a setting for a predominance of low density housing combin ed with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood cen ter provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the 13 Packet Pg. 253 Agenda Item 13 Item # 13 Page 2 small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.” BOARD / COMMISSION RECOMMENDATION At its April 7, 2016 regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the L-M-N, Low Density Mixed- Use Neighborhood and into the Residential Neighborhood Sign District. Minut es of this hearing are attached. Most of the comments raised at the hearing were related to the potential development aspects of a Project Development Plan. PUBLIC OUTREACH Given the location of the parcel within the City’s Growth Management Area, wit h 84.3% of the total perimeter boundary being contiguous to be existing municipal boundary and with the Intergovernmental Agreements in place with Larimer County, no neighborhood meeting was held for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting will be required prior to submittal of a Project Development Plan. ATTACHMENTS 1. Zoning Map (PDF) 2. Planning & Zoning Minutes April 7, 2016 (PDF) 13 Packet Pg. 254 Site - Mountain's EdgeAnnexation & Zoning - L-M-N W Stuar t S t HampshireRdYorkshireStC o u n t y R d 4 2 C W Horsetooth Rd W Drake Rd W Prospect Rd RF LMN MMN POL UE RL NC Growth Management AreaCity Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Residential Foothills Low Density Residential Urban Estate (UE) ±Mountain's Edge AnnexationZoning 1 inch = 1,250 feet ATTACHMENT 1 13.1 Packet Pg. 255 Attachment: Zoning Map (4450 : Mountain's Edge Annexation Zoning) ATTACHMENT 213.2 Packet Pg. 256 Attachment: Planning & Zoning Minutes April 7, 2016 (4450 : Mountain's Edge Annexation Zoning) ATTACHMENT 213.2 Packet Pg. 257 Attachment: Planning & Zoning Minutes April 7, 2016 (4450 : Mountain's Edge Annexation Zoning) -1- ORDINANCE NO, 070, 2016 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 MOUNTAIN’S EDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO 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, the City Council has determined that the proposed zoning of the Mountain’s Edge Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below 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 property known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, which property (the “Property”) is more particularly described as: A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; Packet Pg. 258 -2- LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES, MORE OR LESS. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend s aid Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 259 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Items Relating to the East Prospect at Boxelder Creek Annexation. EXECUTIVE SUMMARY A. Resolution 2016-042 Setting Forth Findings of Fact and Determinations Regarding the East Prospect at Boxelder Creek Annexation. B. Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This is a request to annex a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive and west of the Interstate 25 frontage road. The segment is approximately 1,000 feet in length. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance 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 Ordinance on First Reading. BACKGROUND / DISCUSSION 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, the City agrees to consider annexation of property in the GMA when the property is eligible according to State law. The subject property gains the required one-sixth (16.66%) contiguity to existing city limits from several abutting properties. 42% of the total perimeter is contiguous to the existing municipal boundary, which exceeds the required minimum. This annexation request is in conformance with Section 30, Article II of the Colorado State Constitution, 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. This annexation of right-of-way fills two small gaps in existing city limits along East Prospect Road. Adjacent owners agree with the annexation and have signed the Petition to Annex. BOARD / COMMISSION RECOMMENDATION 14 Packet Pg. 260 Agenda Item 14 Item # 14 Page 2 The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning requ est on April 7, 2016. The Board voted 7-0 as part of its consent agenda, to recommend approval of the annexation and place the parcel in the Urban Estate and Employment zone districts. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on April 7, 2016. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation Petition (PDF) 14 Packet Pg. 261 Lake CanalBoxelder CreekCache l a P o u d r e R e s I n l e tBoxelder CreekEast Prospect at BoxelderCreek Annexation ±1 inch = 500 feetLegend City Limits - Area City Limits - Outline Annexation Area E Prospect RdGreenbriar DrInterstate 25S S u m m i t v i e w D r Annexation Area ATTACHMENT 1 14.1 Packet Pg. 262 Attachment: Vicinity Map (4400 : East Prospect at Boxelder Creek Annexation) Boxelder Creek Lake Canal Legend City Limits - Area Fort Collins GMA Planning Area Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Open Lands, Parks and Water Corridors East Prospect at Boxelder Creek Annexation ±1 inch = 500 feet Structure Plan Map Annexation Area Annexation Area E Prospect Rd S S u m m i t v i e w D r Interstate 25ATTACHMENT 2 14.2 Packet Pg. 263 Attachment: Structure Plan Map (4400 : East Prospect at Boxelder Creek Annexation) E E POL CG LMN T UE CCR T ELake CanalBoxelder CreekCache l a P o u d r e R e s I n l e tBoxelder CreekEast Prospect at Boxelder Creek Annexation Zoning ±1 inch = 500 feetLegend City Limits - Outline Annexation Area E Prospect Rd Interstate 25S S u m m i t v i e w D r Proposed Zoning: E Proposed Zoning: UE Enclave created Enclave created Existing enclave ATTACHMENT 3 14.3 Packet Pg. 264 Attachment: Zoning Map (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 265 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 266 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 267 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 268 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 269 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 270 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 271 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 272 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 273 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) 14.4 Packet Pg. 274 Attachment: Annexation Petition (4400 : East Prospect at Boxelder Creek Annexation) -1- RESOLUTION 2016-042 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST PROSPECT AT BOXELDER CREEK ANNEXATION WHEREAS, per Resolution 2016-032, annexation proceedings were heretofore initiated by the City Council for property to be known as the East Prospect at Boxelder Creek Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. 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, 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 and 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 said Act have been met, that an election is not required under said 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 said 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. 275 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: ___________________________ City Clerk Packet Pg. 276 -1- ORDINANCE NO. 071, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST PROSPECT AT BOXELDER CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-032, finding substantial compliance and initiating annexation proceedings for the East Prospect at Boxelder Creek Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-042 setting forth findings of fact and determinations regarding the East Prospect at Boxelder Creek Annexation is being 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 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 2016-___ and Resolution 2016-032 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE Packet Pg. 277 -2- NORTHWEST CORNER OF SAID ANNEXATION; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51 FEET; THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET; THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET; THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET; THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET; THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING THREE (3) COURSES: 1. S00°11'35"W, A DISTANCE OF 60.02 FEET; 2. S88°21'25"E, A DISTANCE OF 514.24 FEET; 3. N01°38'35"E, A DISTANCE OF 102.50 FEET; THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID INTERSTATE LANDS SECOND ANNEXATION; THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East Prospect at Boxelder Creek Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., 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. 278 -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 279 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). 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 2015-091. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning is a mix of Urban Estate (U-E) and Employment (E) consistent with the City Structure Plan and zoning on adjacent properties. The surrounding land uses are as follows: Direction Zone District Existing Land Uses North Employment (E) and County FA, Farming District Large-lot single-family houses and vacant property South County FA and Public Open Lands (P- O-L) Large-lot single-family house, vacant property, and State Visitors Welcome Center East General Commercial (CG) Prospect Road right-of-way near the I-25 frontage road West Community Commercial - River (CCR) Prospect Road right-of-way near Hageman Earth Cycle landscape materials and recycling business BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on April 7, 2016. The board voted 7-0 on its consent agenda, to recommend approval of the annexation and place the parcel in the Urban Estate and Employment zone districts. PUBLIC OUTREACH 15 Packet Pg. 280 Agenda Item 15 Item # 15 Page 2 The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on April 7, 2016. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Zoning Map (PDF) 15 Packet Pg. 281 E E POL CG LMN T UE CCR T ELake CanalBoxelder CreekCache l a P o u d r e R e s I n l e tBoxelder CreekEast Prospect at Boxelder Creek Annexation Zoning ±1 inch = 500 feetLegend City Limits - Outline Annexation Area E Prospect Rd Interstate 25S S u m m i t v i e w D r Proposed Zoning: E Proposed Zoning: UE Enclave created Enclave created Existing enclave ATTACHMENT 1 15.1 Packet Pg. 282 Attachment: Zoning Map (4407 : East Prospect at Boxelder Creek Zoning) -1- ORDINANCE NO, 072, 2016 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 EAST PROSPECT AT BOXELDER CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO 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, the City Council has determined that the proposed zoning of the East Prospect at Boxelder Creek Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below 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 property known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS Packet Pg. 283 -2- COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL LEARNING CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE NORTHWEST CORNER OF SAID ANNEXATION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51 FEET; THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET; THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET; THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET; THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET; THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°11'35"W, A DISTANCE OF 60.02 FEET; THENCE ALONG THE SOUTH LINE OF SAID ANNEXATION AND ITS EASTERLY EXTENSION, S88°21'25"E, A DISTANCE OF 589.31 FEET TO THE POINT OF BEGINNING; CONTAINING 46,948 SQUARE FEET (1.078 ACRES), MORE OR LESS. 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 C ollins is hereby changed and amended by including the property known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado, in the Employment (“E”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 16 AND THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT Packet Pg. 284 -3- ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ITS WESTERLY EXTENSION, N88°21'25"W, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID ANNEXATION BOUNDARY, N01°38'35"E, A DISTANCE OF 102.50 FEET; THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET, RETURNING TO A POINT ON THE BOUNDARY OF INTERSTATE LANDS SECOND ANNEXATION; THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 29,766 SQUARE FEET (0.683 ACRES), MORE OR LESS. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the Property to be zoned in the Urban Estate Zone District is included in the Residential Neighborhood Sign District and the Property to be zoned in the Employment Zone District is not included in the Residential Neighborhood Sign District. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 285 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Jill Stilwell, Cultural Services and Facilities Director SUBJECT Resolution 2016-043, Approving Fort Fund Grant Disbursements. EXECUTIVE SUMMARY The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events based upon the recommendations of the Cultural Resources Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax funds is applied to the Cultural Development and Programming Account to support cultural events and 5% of revenue from lodging tax is dedicated to the Tourism Programming Account to support tourism events and activities. Local non-profit organizations may apply to Fort Fund for cultural and/or tourism event support. The City Council appointed the Cultural Resources Board to review grant applications based on approved guidelines (Attachment 1) and make recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 028, 1992 and Section 2-203 (3) of the City Code. Fort Fund grants support events that enrich the cultural life of the communi ty, promote local heritage and diversity, provide opportunities for cultural participation, help define Fort Collins as a cultural center and tourist destination, have wide appeal for a significant part of the community, and promote the general welfare of the City’s inhabitants. Fort Fund consists of a three-tiered funding system Tier #1 was established as an annual programming tier for organizations whose primary purpose is to present three or more public events annually. These groups may apply for f unding from Tier #1 each April. Tier #2 allows organizations to apply for funding of events. Applications for support from Tier #2 are accepted each January and June. The Cultural Innovation Tier #3 was established to further the goal of making Fort Collins a cultural center and destination. The Cultural Innovation Tier #3 grants address a need for cultural activity in Fort Collins, that will perpetuate the Tourism Account by generating overnight stays in local hotels, and/or develop new arts, cultural, or heritage tourism activities that have the potential to impact Fort Collins’ cultural and economic growth. Organizations may apply for funding from the Cultural Innovation Tier #3 each April. 16 Packet Pg. 286 Agenda Item 16 Item # 16 Page 2 April 2016 Funding Session At its April 27, 2016 regular meeting, the Cultural Resources Board reviewed 20 Tier #1 requests totaling $212,665 and 8 Tier #3 applications with requests totaling $188,000. The following table summarizes the amount and sources of available funds in 2016: FY 2016 AVAILABLE FUNDING AMOUNT SOURCE $261,084 FY 2016 Cultural Development and Programming Account (CDP) $58,300 FY 2016 Tourism Programming Account (TP) $100,275 Unspent Appropriations 2015 (CDP) $58,990 Unanticipated Lodging Tax 2015 (CDP) $8,070 Unspent Appropriations 2015 (TP) $11,798 Unanticipated Lodging Tax 2015 (TP) $498,517 Total Funding Available for 2016 FUNDS ALLOCATED TO APRIL 2016 FUNDING SESSION $250,000 Amount from Cultural Development and Programming Account (CDP) $78,000 Amount from Tourism Programming Account (TP) $328,000 Total amount allocated to this Session 66% % of Total FY2016 Funds allocated to this Session The Cultural Resources Board scored each application using the Funding Criteria outlined in the Fo rt Fund Guidelines (attached) and discussed each application at the April 27, 2016 meeting. The Board discussion is outlined in the draft minutes (Attachment 2). The Board is recommending disbursement of $239,350 from the City’s Cultural Development and Programming Account to 23 applicants and $78,000 from the City’s Tourism Programming Account to four applicants as outlined in Exhibit A to the Resolution. Of the total amounts requested, 94% is being recommended in Tier #1 and 62% in Tier #3 from available funds. The following table summarizes the utilization of funds from all sources. Recommended Funding % of Total Category $239,350 73% Cultural Development and Programming Account $78,000 24% Tourism Account $10,650 3% Unallocated $328,000 100% Funds Allocated to this Session The $10,650 of unallocated funds will be carried forward to the June 2016 Tier #2 grant funding session. CITY FINANCIAL IMPACTS The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code. This Resolution would distribute $239,350 from the Cultural Development and Programming Account and $78,000 from the Tourism Programming Account to local non- profit organizations, leaving $10,650 unallocated in this funding session and available for the June 2016 funding session. Each grantee organization must provide funds to match the grant amount. These funds were budgeted and appropriated in the 2016 budget. Lodging tax is collected pursuant to Section 25-252 of the City Code. 16 Packet Pg. 287 Agenda Item 16 Item # 16 Page 3 BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board (CRB) is presenting these recommendations to City Council on public events that should receive funding and the recommended grant amounts each event should receive from the available Cultural Development and Programming Account and Tourism Programming Account revenues. Exhibit A to Resolution 2016-043 presents the allocations recommended by the CRB to the City Council for Tier #1 and Tier #3. ATTACHMENTS 1. Fort Fund Guidelines (PDF) 2. Cultural Resources Board Minutes April 27, 2016 (PDF) 16 Packet Pg. 288 The Cultural Development & Programming and Tourism Accounts (Fort Fund) is funded by an allocation of the lodging tax revenues. Applications are reviewed by the Cultural Resources Board of the City of Fort Collins and recommendations to fund events are submitted to the Fort Collins City Council for final approval. The objective of Fort Fund is to provide funds to foster, encourage, and promote 1) cultural development and programming, and 2) economic and tourism development. The overarching goal for Fort Fund is to serve as a catalyst in making Fort Collins a cultural center and destination. Fort Fund supports events that: · Enrich the cultural life of the Fort Collins community · Promote local heritage and diversity · Provide opportunities for community members to participate in, create, learn from or experience arts and culture · Help to define Fort Collins as a destination for arts and culture · Elevate the community and broaden perspectives · Have wide appeal for a significant part of the community · Promote the general welfare of the inhabitants of the City. The following will not be considered for funding: · Applications for funds solely to print brochures, magazines or promotional materials, or for capital improvements. · Any event in which the net proceeds or profit from the event is donated by the sponsor to another organization and/or individual. Funds will not be disbursed directly after each funding session. Organizations recommended for grant monies by the Cultural Resources Board must first be approved by the City Council. ATTACHMENT 1 16.1 Packet Pg. 289 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) Funding Tiers & Application Deadlines An organization and/or event may receive funding from one or more of the following three tiers as described below. Specific application deadlines are listed immediately following each tier. Requests must be for a minimum of $500. Funding is subject to the amount of available funds per funding session. The Cultural Resources Board reserves the right to not fund an organization if it does not fully meet the criteria. Fort Fund will now only accept one application per organization per funding session. Colorado State University organizations are required to submit their applications through the Sponsored Programs Office. All applications are to be submitted to the Lincoln Center Administration Office, 417 W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not qualify. Please direct all questions regarding the application process to Gail Budner at (970) 221-6737. TIER # 1: Annual Programming Fund Organizations are eligible to apply for funding from Tier #1 if they meet the following criteria: 1. The primary purpose of the organization is to present three or more different public performances, events or exhibits per year. 2. The organization has proven annual program success for three previous years. Organizations that meet the criteria may apply for up to $15,000 per year (July 1 - June 30). The organization must submit a mission statement stating the organizations' officially accepted primary purpose; provide evidence of having presented three or more performances, events, or exhibits for three previous years; submit financial statements for the three most recently completed fiscal years; provide a list of the organization's current Board of Directors, their business/organizational affiliations, the date they were elected to the Board and their term limit date; and submit a Tourism Impact form. Fort Fund will only accept one Tier #1 application per organization per calendar year. Organizations that apply for this level of funding would have to show that no more than 35% of their projected expenses are coming from Fort Fund. Proposal Deadline for Tier #1: First Tuesday of April, 5:00 p.m. Requests must be for a minimum of $500 and a maximum of $15,000 Request amount cannot exceed 35% of the total projected expenses ATTACHMENT 1 16.1 Packet Pg. 290 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) TIER # 2: Special Events Fund Organizations that present event(s) may apply for up to $5,000 for a single event or series of events per funding session. Events would have to be held within one year of the funding session. Fort Fund will only accept one Tier #2 application per organization per funding session at which Tier #2 applications are accepted. The organization must submit a financial statement from the most recently completed fiscal year and submit a Tourism Impact form. Organizations funded under Tier #1 could apply one time per calendar year for up to $5,000 under Tier 2, but the event cannot also be funded under Tier 1. Organizations that apply for this level of funding would have to show that no more than 50% of their projected expenses are coming from Fort Fund. Proposal Deadline for Tier #2: First Tuesday of January, 5p.m.; First Tuesday of June, 5p.m. Requests must be for a minimum of $500 and a maximum of $5,000 Request amount cannot exceed 50% of the total event expenses Cultural Innovation Fund (CIF) - Formerly Tier #4 Organizations are eligible to apply for up to $25,000 from the CIF if they seek funding for an activity or event that will increase Fort Collins' identity as a cultural center and tourist destination. The term 'activity' can mean event, projects, products, exhibits, festivals, programs, etc. and can be in the area of arts, nature, heritage, recreation, science, and /or humanities. The event or activity must meet the eligibility requirements and the strategies outlined below: CIF Strategies: Proposals should address specific strategies to increase Fort Collins' identity as a cultural center and tourism destination, resulting in at least one of the following benefits: 1. Address a need in the cultural activity of Fort Collins 2. Perpetuate the Tourism Fund by generating over night stays in local hotels 3. Develop new arts, cultural, or heritage tourism activities and products that have the potential to impact Fort Collins cultural and economic growth. These events or activities should enrich the cultural life available in the city because they will serve as an attraction to visitors, represent new cultural offerings or can be described as unique, innovative or inventive. The organization must submit a mission statement stating the organizations' officially accepted primary purpose; provide evidence of having been in existence for at least three years; submit financial statements for the three most recently completed fiscal years; provide a list of current Board members; and submit a Tourism Impact form. CIF applicants may also be required to present an oral presentation to the Cultural Resources Board. ATTACHMENT 1 16.1 Packet Pg. 291 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) Fort Fund will only accept one CIF application per organization per calendar year. Request amount cannot exceed 50% of the total activity expenses. Request amount requires a dollar-for- dollar cash match. Neither in-kind contributions nor Fort Fund dollars from current or previous grants may be used in calculating the organization's match. Activities funded under the CIF shall not be simultaneously funded under Tiers #2 of Fort Fund. CIF funded activities can only apply for a maximum of three years and must compete each time. Proposal Deadline for the CIF: First Tuesday of April, 5:00p.m. Requests must be for a minimum of $500 and a maximum of $25,000 Request amount cannot exceed 50% of the total activity expenses All applications are to be submitted to the Lincoln Center Administration Office, 417 W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not qualify. Please direct all questions regarding the application process to Gail Budner, (970) 221-6737. ATTACHMENT 1 16.1 Packet Pg. 292 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) Eligibility Requirements Organizations chartered in Colorado with IRS non-profit status may submit an application for consideration. Written proof of this status must accompany all applications. All organizations that fall under the same IRS non-profit tax status will be considered the same unit for funding. · For all Tiers, Fort Fund will only accept one application per organization per funding session. Colorado State University organizations are required to submit their applications through the Sponsored Programs office. · Applications must be submitted on the forms provided at www.fcgov.com/fortfund and must arrive at the Lincoln Center administration office by the date/time listed as the deadline. Postmarks are not valid. Late applications will not be reviewed. · Events must be held in Fort Collins or in the Fort Collins Growth Management Area. · Events must be open to the general public and efforts must be made to advertise and make the public aware of the opportunity to attend and/or participate in the event. · Events or activities must provide a direct public benefit of a reasonably general character to a significant number of City residents. · Events may occur no earlier than 45 days after the application deadline. · Events funded under Tier #1 must be completed by June 30th of the year following the date of funding. Events funded under Tier #2 must be completed within one year of the date of the funding session. Events funded under the CIF must be completed within 18 months of the funding session. · The applicant organization must be in good standing with the Fort Fund program. The applicant must not be delinquent on any previous mid-year or final Fort Fund reports; must have used the new Fort Fund logo on promotional materials; and must have listed the funded event on the Fort Collins Convention and Visitors Bureau website calendar. Organizations not in good standing will not be considered for funding for one calendar year. · Religious, sectarian or faith-based organizations may apply for funding, but only for events which are secular (non-religious) in nature. Fort Fund money may not be used for events that promote religion. · Fort Fund does not consider applications for funds solely to print brochures, magazines or promotional materials, or for general operating support or capital improvements. Additional Eligibility Requirements for Tier #1 and the CIF: · The organization must have and submit an officially adopted mission statement expressing their primary purpose. · The organization has been in existence for a minimum of three years, and provides financial statements for the previous three completed fiscal years prior to the application date. · For Tier #1, the organization must show evidence of having presented three or more performances, events, or exhibits for three previous years. ATTACHMENT 1 16.1 Packet Pg. 293 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) Criteria For Funding The following criteria are used by the Cultural Resourced Board to evaluate applications that have met all the eligibility requirements. Funding is based on how well an event or activity meets these criteria. Funding is subject to the amount of available funds per funding session. The Cultural Resources Board reserves the right to not fund an organization if it does not fully meet the criteria. Fort Fund supports events that: 1. Are of the highest quality; 2. Bring awareness of the arts to the local community; 3. Aspire to bring regional and national recognition to Fort Collins; 4. Are engaging and innovative and/or original; 5. Build a wide range of arts and culture offerings; 6. Raise arts and culture quality and participation to a new level; 7. Have an impact on the community economically, culturally or both; 8. Present strong evidence of leveraging other funding sources; All applicants are required to submit the Tourism Impact form. The information provided on the form will be reviewed as part of the application. ATTACHMENT 1 16.1 Packet Pg. 294 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) Grant Requirements Organizations applying for Tier #1 funding cannot apply for more than 35% of their total projected annual expenses. Organizations applying for funding from Tier #2 may request funding for no more than 50% of the total projected expenses for any event. Organizations applying for the CIF cannot apply for more than 50% of their total projected expenses. · The amount requested under Tiers #1 and #2 must be matched with either cash or a combination of cash and in-kind services. At least one-half of the matching funds must be cash. For example, if an event is projected to cost $2,000, the amount requested from Fort Fund may not exceed $1,000. A $1,000 request would have to be matched with either $1,000 in projected cash revenues or at least $500 in cash and no more than $500 of in-kind services. The CIF requires the requested amount be matched dollar-for-dollar in cash. Neither in-kind contributions nor Fort Fund dollars from current or previous grants may be used in calculating the organization's match for the CIF. · Contracts for services with the City of Fort Collins must be signed prior to the issuance of funds. · All funds must be used for direct costs of the event(s) within the time frame as required by contract, or returned immediately to the Cultural Development and Programming Account. If the event changes significantly, the Cultural Resources Board must be notified in writing. Funding for the event may be re-evaluated at that time. · Organizations that receive funding must recognize the support of the City. All publicity and advertisements (including posters, programs, banners, flyers, newspaper ads and postcards) of the funded event must include the City's Fort Fund logo. If there is no printed material, a Fort Fund banner must be exhibited at the event. Organizations must also list the funded event on the Fort Collins Convention and Visitors Bureau website calendar at www.visitftcollins.com/events. · Organizations funded under Tier #1 must submit a financial mid-year and annual report by the date required in their contract. Organizations funded under Tier #2 and the CIF must submit a written report within sixty (60) days of the completion of an event. These reports, which evaluate estimated attendance, promotional materials, in-kind services, actual cash expenses and actual revenues must be submitted to the Cultural Resources Board through the Lincoln Center Administration Office. All reports must be signed by a representative of the organization that receives funding, verifying their accuracy. Records of the event need to be available for inspection upon request of the Cultural Resources Board. If the financial reports are not completed as required by contract, your organization's future funding may be effected. All organizations must provide a final report for previously granted funds before the contract for any new funding will be processed. · A member of the Cultural Resources Board may be assigned to each event to act as a liaison between funded organizations and the Board. If tickets are required for admission to an event and are not extended to the liaison as a courtesy, tickets will be purchased from the Cultural Development and Programming Account. · If the activity or event changes significantly from what was proposed in the original application, including date, location, or content, the organization must notify the Cultural Resources Board in writing at 417 W. Magnolia St., Fort Collins, CO 80521. Funding, even if already distributed, may be reevaluated at that time. ATTACHMENT 1 16.1 Packet Pg. 295 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) FORT FUND OVERVIEW Fort Fund, the City of Fort Collins’ Cultural Development & Programming and Tourism Accounts, is funded by an allocation of the lodging tax revenues collected within the city limits of Fort Collins. Applications are reviewed three times a year by the City of Fort Collins Cultural Resources Board and recommendations for funding are submitted to the Fort Collins City Council for final approval. The objective of Fort Fund is to foster, encourage, and promote cultural and/or tourism activities in Fort Collins. Fort Fund offers three tiers. Tiers 1 and 2 primarily fund events that are artistic, ethnic, historic, educational or recreational in nature and reflect the values and traditions of Fort Collins. Events of this type will have wide appeal for a significant part of the community, thereby advancing the good of all. The resulting economic and noneconomic benefits of these events will promote the general welfare of the inhabitants of Fort Collins. FORT FUND (FORMERLY TIER 4) CULTURAL INNOVATION FUND The Cultural Innovation Fund embodies the above, and is primarily focused on activities that will increase Fort Collins’ identity as a cultural center and tourist destination. The term “activity” can mean events, projects, products, exhibits, festivals, programs, etc. These activities can be in the area of arts, nature, heritage, recreation, science, and/or humanities and shall be designed to develop new arts, culture or heritage tourism activities and products that have the potential to impact Fort Collins’ economic and cultural growth and perpetuate the Tourism Fund by generating over night stays in the city’s hotels and lodges. These activities should enrich the cultural life available in the city because they will serve as an attraction to visitors, represent new cultural offerings or can be described as unique, innovative or inventive. The activities should be designed to meet the strategies and criteria as listed below. CIF ELIGIBILITY REQUIREMENTS: 1. The applicant organization must be a non-profit organization, or the governmental equivalent. Written proof of this status must accompany all applications. All organizations that fall under the same IRS non profit tax status will be considered the same unit for funding. 2. The organization has an officially adopted mission statement expressing their primary purpose. 3. The organization has been in existence for a minimum of three years. 4. The organization can provide financial statements for the previous three completed fiscal years from their application date. 5. Activities funded under the CIF shall not be simultaneously funded under Tier 2 of Fort Fund. 6. Funding under the CIF shall be available for a maximum of three years to any one activity and applicants must compete each time for funding. 7. Applicants must submit a completed Tourism Impact form with their application. 8. Activities must be held in Fort Collins or in such other location as will accomplish the CIF strategies. 9. The activities may not commence prior to thirty days following the funding session date (funding session is the fourth Wednesday of April). ATTACHMENT 1 16.1 Packet Pg. 296 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) 10. Activities funded under the CIF must be completed within 18 months of the funding session date (the fourth Wednesday of April). 11. Activities must benefit and be accessible and/or open to the general public. 12. Religious, sectarian or ‘faith-based’ organizations may apply for funding for activities which are secular (non-religious) in nature. Fort Fund monies may not be used to promote religion. 13. Activities must provide a direct public benefit of reasonably general character to a significant number of Fort Collins’ residents and meet the strategies as outlined below. STRATEGIES: Proposals should address specific strategies to increase Fort Collins’ identity as a cultural center and tourism destination, resulting in at least two of the following benefits: 1. Address a need in the cultural activity of Fort Collins 2. Perpetuate the Tourism Fund by generating over night stays in local hotels 3. Develop new arts, cultural, or heritage tourism activities and products that have the potential to impact Fort Collins cultural and economic growth. Fort Fund will not fund capital improvements or projects, or any activity in which the net profit or proceeds from the activity is donated by the sponsor to another organization and/or individual. CIF GRANT REQUEST AMOUNT • Maximum Request Amount: $25,000 (a higher amount may be considered) • Minimum Request Amount: $500 • Funding is subject to the amount available per funding session. The Cultural Resources Board reserves the right to not fund any organization if it does not fully meet the criteria. • Request amount cannot exceed 50% of the total activity expenses. • Request amount requires a dollar-for-dollar cash match. • In-kind contributions may not be used in calculating the organization’s match. • Fort Fund monies, from current or previous funding sessions, may not be used in calculating the organization’s match. • Activities funded under the CIF cannot be simultaneously funded under Tier 2 of Fort fund. • Funding under the CIF shall be available for a maximum of three years to any one activity and applicants must compete each time for funding. CIF APPLICATIONS DUE: First Tuesday of April by 5:00 p.m. To the Lincoln Center Administration Office 417 West Magnolia Street, Fort Collins LATE APPLICATIONS WILL NOT BE ACCEPTED ATTACHMENT 1 16.1 Packet Pg. 297 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) Notification of Award: The Cultural Resources Board will review applications on the fourth Wednesday of April, provide a recommendation for funding to City Council, who will then approve the recommendation at a regularly scheduled Council meeting in May. Applicants will be notified by mail after the Council meeting. GRANT AWARD REQUIREMENTS • Contracts for services with the City of Fort Collins must be signed prior to the issuance of funds. The funds must be spent on the activity within 18 months of the funding session. • All funds must be used for direct costs of the activity within the time frame as required by contract, or returned immediately to the Cultural Development and Programming Account. • If the activity changes significantly, the Cultural Resources Board must be notified in writing. Funding, even if already distributed to the organization, may be re-evaluated at that time. • Organizations that receive funding must recognize the support of the City. All publicity and advertisement of the funded activity must include the Fort Fund logo. Downloadable images are available on the Fort Fund website at www.fcgov.com/fortfund and a Fort Fund banner to exhibit at the activity is available through the Lincoln Center Administration Office. Organizations must also list the funded activity on the Fort Collins Convention and Visitors Bureau website calendar at www.visitftcollins.com/events. • Organizations funded under the CIF must submit a written report within sixty (60) days of the completion of an activity. These reports, which evaluate estimated attendance, promotional materials, in-kind services, actual cash expenses and actual revenues, must be submitted to the Cultural Resources Board through the Lincoln Center Administration Office. All reports must be signed by a representative of the organization that receives funding, verifying their accuracy. Records of the activity need to be available for inspection upon request of the Cultural Resources Board. • A member of the Cultural Resources Board may be assigned to each organization receiving a CIF Grant to act as liaison between funded organizations and the Board. If tickets are required for admission to an activity and are not extended to the liaison as a courtesy, tickets will be then purchased from the Cultural Development and Programming Account. ATTACHMENT 1 16.1 Packet Pg. 298 Attachment: Fort Fund Guidelines (4423 : Fort Fund April 2016) CULTURAL RESOURCES BOARD MINUTES Regular Meeting – Wednesday, April 27, 2016 5:00 p.m. Lincoln Center, 417 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Wade Troxell Staff Liaison: Jill Stilwell Chairperson: Steven Sorenen Email: ssorensen@bellisimoinc.com Vice-Chair: Will Flowers A regular meeting of the Cultural Resources Board was held on Wednesday, April 27, 2016 at 5:00 p.m. The following members were present: Board Members present: Janet Gilligan, Steven Sorensen, Jane Folsom, Gregg Adams Jesse Solomon, Tedi Cox Board Members absent: Will Flowers Staff Members present: Jill Stilwell, Cheryl Donaldson, Megan Kelley Guests Present: Katy Schneider/Visit Fort Collins I. Call to Order: 4:08 p.m. – Steven Sorensen II. Consideration of agenda: none III. Consideration and approval of minutes from March 31, 2016. Ms. Cox made a motion to accept the minutes as amended. Mr. Sorensen seconded the motion. The motion passed unanimously. IV. Public input: none V. Fort Fund Tier 1 and Tier 3 - discussion and funding recommendations: Prior to reviewing and awarding grant monies to the Fort Fund applicants, the Board discussed the eligibility and the quality of the submitted applications and the available budget for this session. The Board then reviewed 20 Tier 1 applications, and developed their recommendations for funding as outlined below and on the attached spreadsheet ATTACHMENT 2 16.2 Packet Pg. 299 Attachment: Cultural Resources Board Minutes April 27, 2016 (4423 : Fort Fund April 2016) TIER 1 APPLICANTS BAS BLEU THEATRE COMPANY: 2016-2017 Main Stage Season Location: Bas Bleu Theatre Company Amount Requested: $15,000 Amount Recommended: $15,000 CANYON CONCERT BALLET: 2016-2017 Season of Dance Location: Lincoln Center Performance Hall and Magnolia Theatre Amount Requested: $15,000 Amount Recommended: $15,000 COLORADO STATE UNIVERSITY: Author Series FY17 Location: Hilton Fort Collins, University Center for the Arts, Lory Student Center Amount Requested: $10,000 Amount Recommended: $7,000 DEBUT THEATRE COMPANY: 2016-2017 Children’s Theatre Productions Location: Lincoln Center Magnolia Theatre Amount Requested: $1,400 Amount Recommended: $1,400 FOOTHILLS POPS BAND: 20156-2017 Concert Season Location: Lincoln Center Magnolia Theatre, the Hilton, Griffin Music Hall, The Hilton Amount Requested: $1,500 Amount Recommended: $1,500 FORT COLLINS MUSEUM OF ART: 2016-2017 Exhibitions and Programing Location: Fort Collins Museum of Art Amount Requested: $15,000 Amount Recommended: $15,000 FORT COLLINS MUSEUM OF DISCOVERY: 2016-2017 Series Location: Fort Collins Museum of Discovery Amount Requested: $15,000 Amount Recommended: $15,000 FORT COLLINS SYMPHONY ASSOCIATION: 2016-2017 Masterworks Season Location: Lincoln Center Performance Hall Amount Requested: $15,000 Amount Recommended: $15,000 FORT COLLINS WIND SYMPHONY: 2016-2017 Season Location: Griffin Concert Hall, UCA Amount Requested: $4,700 Amount Recommended: $4,700 FRIENDS OF THE GARDENS ON SPRING CREEK: 2016 Community Events Location: The Gardens on Spring Creek Amount Requested: $11,000 Amount Recommended: $15,000 FRONT RANGE CHAMBER PLAYERS: 2016-2017 Concert Series Location: Fort Collins High School, Harmony Library, Council Tree Library Amount Requested: $7,000 Amount Recommended: $7,000 IMPACT DANCE COMPANY: Beyond Bodies – Season Support Location: Old Town Fort Collins and the Community Center for Creativity Amount Requested: $11,065 Amount Recommended: $10,000 ATTACHMENT 2 16.2 Packet Pg. 300 Attachment: Cultural Resources Board Minutes April 27, 2016 (4423 : Fort Fund April 2016) LARIMER CHORALE: Concert Season 40 / 2016-2017 Location: Fort Collins Methodist Church, First United Methodist Church, Lincoln Center Performance Hall, Campion Seventh-day Adventist Church Amount Requested: $15,000 Amount Recommended: $14,250 LAUDAMUS CHAMBER CHORALE: Laudamus Chamber Chorale Location: Fort Collins Amount Requested: $6,000 Amount Recommended: $0 LAUNCH: COMMUNITY THROUGH SKATEBOARDING: The Launch Creative Center Location: The Launch Creative Center Amount Requested: $5,000 Amount Recommended: $5,000 NEW HORIZONS BAND OF NORTHERN COLORADO: 2016-2017 Concert Season Location: Foothills Gateway, and TBD Amount Requested: $5,000 Amount Recommended: $4,000 OPENSTAGE THEATRE & COMPANY: 2016-2017 Season Location: Lincoln Center Magnolia Theatre and Columbine Health Systems Park, Center for Fine Art Photography Amount Requested: $15,000 Amount Recommended: $15,000 OPERA FORT COLLINS: 2015-2016 Season 37 Location: Lincoln Center Performance Hall Amount Requested: $15,000 Amount Recommended: $15,000 POUDRE LANDMARKS FOUNDATION, INC.: 2016-2017 Season of Events Location: Avery House, 1882 Water Works, Avery Carriage House, private homes Amount Requested: $15,000 Amount Recommended: $15,000 CENTER FOR FINE ART PHOTOGRAPHY: Main Gallery Annual Exhibitions, Receptions, Artist Talks, and Director Tours Location: Center for Fine Art Photography Amount Requested: $15,000 Amount Recommended: $15,000 Total Funding Requested by Applicants for Tier 1: $212,665 Total Funding Recommended for disbursement by CRB: $200,850 Total Unfunded Balance: $11,815 % of Requests Funded: 94% VI. Dinner Break/Visit the Art in Public Places 20th Anniversary event: The Board took a small break to eat a dinner, and also go to the APP 20th Anniversary celebration. VII. The Board then discussed eight Tier 3 applications and developed their recommendations for funding as outlined below and on the attached spreadsheet. Ms. Cox disclosed her conflict of interest and recused herself from scoring and deliberating on the Fort Collins Museum of Art applications. ATTACHMENT 2 16.2 Packet Pg. 301 Attachment: Cultural Resources Board Minutes April 27, 2016 (4423 : Fort Fund April 2016) TIER 3 APPLICANTS COLORADO STATE UNIVERSITY: ACT Human Rights Film Festival Location: Lory Student Center, Lyric Cinema, other downtown venues Amount Requested: $25,000 Amount Recommended: $17,500 DENVER YOUNG ARTISTS ORCHESTRA ASSOCIATION: Denver Young Artists Orchestra Retreat at Colorado State University Location: Griffin Concert Hall, University Center for the Arts at CSU Amount Requested: $3,000 Amount Recommended: $0 DOWNTOWN BUSINESS ASSOCIATION: 21st Annual First Night Fort Collins Location: Various venues downtown Amount Requested: $25,000 Amount Recommended: $12,000 FORT COLLINS MUSEUM OF ART: Frida Kahlo: Through the Lens of Nikolas Muray Exhibition Location: Fort Collins Museum of Art Amount Requested: $25,000 Amount Recommended: $25,000 FORT COLLINS MUSEUM OF DISCOVERY: Pterosaurs: Flight in the Age of Dinosaurs Location: Fort Collins Museum of Discovery Amount Requested: $25,000 Amount Recommended: $35,000 INTERNATIONAL KEYBOARD ODYSSIAD & FESTIVAL, U.S.A.: 2016 International Keyboard Odyssiad & Festival Location: Colorado State University Center of the Arts Amount Requested: $25,000 Amount Recommended: $15,000 POUDRE RIVER PUBLIC LIBRARY DISTRICT: FoCo Book Festival: Brewing Up Books Location: Wolverine Farm Publick House; Downtown Artery; Firehouse Books Amount Requested: $20,000 Amount Recommended: $0 POJECT YOUTH AND CHAMBER MUSIC DBA OFF THE HOOK ARTS: Off the Hook SummerFest Location: Various venues in Old Town Fort Collins Amount Requested: $15,000 Amount Recommended: $12,000 Total Funding Requested by Applicants for Tier 3: $188,000 Total Funding Recommended for disbursement by CRB: $116,500 Total Unfunded Balance: $71,500 % of Requests Funded: 62% Mr. Sorensen made a motion to submit these recommendations for Fort Fund Tier 1 and Tier 3 disbursements to City Council for their approval. Mr. Solomon seconded the motion. The motion passed unanimously. VIII. Review and Prioritize Work Plan: Since Mr. Flowers was not present the Board decided to address this in the next meeting on May 26th. ATTACHMENT 2 16.2 Packet Pg. 302 Attachment: Cultural Resources Board Minutes April 27, 2016 (4423 : Fort Fund April 2016) IX. Review of Past Fort Fund Events: Mr. Solomon reported on the Sustainable Living event “Earth Day.” Mr. Sorensen reported on the Disable Resources event “WineFest.” Ms. Gilligan reported on the Arcinda event “Javanese Dance.” Ms. Cox report on the Opera Fort Collins event “Afternoon Tea with a Diva.” X. Other Business: Ms. Cox mentioned the Loveland Art Source brochure and the marketing that had been put into the brochure. The Board further discussed an arts marketing compaign. VII. Adjournment: 7:30 p.m. Respectfully submitted, Megan Kelley Administrative Clerk II ATTACHMENT 2 16.2 Packet Pg. 303 Attachment: Cultural Resources Board Minutes April 27, 2016 (4423 : Fort Fund April 2016) -1- RESOLUTION 2016-043 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING FORT FUND GRANT DISBURSEMENTS WHEREAS, providers of lodging accommodations in the City are required by Section 25-252 of the City Code to pay three percent of all revenues derived from such lodging accommodations to the City as a lodging tax; and WHEREAS, pursuant to Section 25-244 of the City Code, twenty-five percent of those revenues are reserved for cultural development and programming, and seventy-five percent of all revenues received by the City from lodging tax are reserved for promotion of convention and visitor activities; and WHEREAS, pursuant to Section 25-244 of the City Code, the Community Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities, and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, the City disburses funds from the City's Cultural Development and Programming Account and Tourism Programming Account in accordance with Section 25-244 of the City Code through its Fort Fund Program; and WHEREAS, the City's Cultural Resources Board reviews applications from the community for Fort Fund monies and makes recommendations to the City Council in accordance with Section 2-203(3) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the "Fort Fund Guidelines"); and WHEREAS, at its regular meeting on April 27, 2016, the Cultural Resources Board recommended funding for various proposals based on the criteria and considerations set forth in Section 2-203 of the City Code and the Fort Fund Guidelines; and WHEREAS, the use of lodging tax revenues will provide a public benefit to the Fort Collins community by supporting cultural development and public programming activities within the City that promote the use of public accommodations within the City; and WHEREAS, the City Council wishes to approve Fort Fund grant disbursements as set forth on Exhibit “A”. 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. Packet Pg. 304 -2- Section 2. That the City Council hereby finds that the distribution of funds through the Fort Fund program as set forth on Exhibit “A” serves a public purpose that benefits the community. Section 3. That funds in the total amount of TWO HUNDRED THIRTY NINE THOUSAND THREE HUNDRED FIFTY DOLLARS ($239,350) in the City's Cultural Development and Programming Account are hereby approved for distribution as set forth on Exhibit “A”. Section 4. That funds in the total amount of SEVENTY EIGHT THOUSAND DOLLARS ($78,000) in the City’s Cultural Development and Programming Account, budgeted for the Fort Fund program April 2016 funding session, are hereby reserved for allocation during the June 2016 funding session. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 305 EXHIBIT AFORT FUND GRANT PROGRAMApril 2016APPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDBas Bleu Theatre Company2016-2017 Main Stage Season Location: Bas Bleu Theatre CompanyBas Bleu's Main Stage season offers 5 full length plays. The theatre provides a venue in which writers, directors, $15,000 $15,000 $0 $0100%actors, designers, musicians, poets, visual artists and students can practice their craft and develop new works.Canyon Concert Ballet2016-2017 Season of DanceLocation: Lincoln Center Performance Hall and Magnolia TheatreCanyon Concert Ballet will present Canyon Concert Youth Ensemble, The Nutcracker, For the Love of Dance, and $15,000 $15,000 $0 $0100%Sleeping Beauty for their 2016/2017 season.Colorado State UniversityAuthor Series FY17Location:The Hilton, UCA, and Lory Student CenterCSU will be bringin in Bryan Stevensen, Paula McLain , and addition authors for their annual Author Series.$10,000 $7,000 $0 $3,00070%Debut Theatre Company 2016-2017 Children's Theatre Productions Location: Lincoln Center Magnolia TheatreThe Fall 2016 play, tentatively Sherlock Holmes, will be 9 performances of a classic literary tale, suitable for family$1,400 $1,400 $0 $0100%audiences, including evening and matinee showings. Foothills Pops Band2016-2017Concert SeasonLocation: Lincoln Center Magnolia Theatre,Griffin Music HallThere will be 4 general concerts with varying music along with a Christmas concert and an annual Valentine's$1,500 $1,500 $0 $0100%Dance & Silent Auctions at the Hilton. Fort Collins Museum of Art2016-2017 Exhibition ProgramsLocation: Fort Collins Museum of ArtThe Fort Collins Museum of Art will present 4 exhibitions, along with educational programming. The schedule $15,000 $15,000 $0 $0100%begins with "Touching Strangers."Fort Collins Museum of Discovery 2016-2017 Programming Series Location: Fort Collins Museum of Discovery APPROVED FUNDINGFort Fund Tier 1: Annual Programming APPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDAPPROVED FUNDINGFCMoD's mission is to create meaningful opportunities to learn, reflect, and have fun through hands-on and $15,000 $15,000 $0 $0100%collections based explorations in science and culture.Fort Collins Symphony Association2016-2017 Masterworks SeasonLocation: Lincoln Center Performance HallFor their event season, the Fort Collins Symphony Orchestra will conduct 5 Masterworks Concerts.$15,000 $15,000 $0 $0100%Fort Collins Wind Symphony2016-2017 Concert SeasonLocation: Griffin Concert Hall / UCAThe Fort Collins Wind Symphony will perform 4 concerts featuring high quality concert band compositions in $4,700 $4,700 $0 $0100%a wide variety of styles and performed by local professional musicians. Friends of the Gardens on Spring Creek2016 Community EventsLocation: The Gardens on Spring CreekThe Gardens on Spring Creek's community events are comprised of 3 cultural events which include $11,000 $11,000 $0 $0100%and the Harvest Festival, Halloween Enchanted Garden and culminates with the Garden of Lights.Front Range Chamber Players2016-2017 Concert SeriesLocation: Fort Collins High School, Council Tree Library, Harmony LibraryThe Front Range Chamber Players will present a series of 5 professional chamber music concerts along with$7,000 $7,000 $0 $0100%2 additional Children's concerts.IMPACT Dance CompanyBeyond Bodies - Season 2016-2017Location: Old Town areaIMPACT Dance Company's season includes 9 unique events that often revolve around current societal issues$11,065 $10,000 $0 $1,06590%and personal experiences, offering attendees an individual, yet distinctive experience.Larimer Choral Society2016-2017 Concert Season 40Location: First United Methodist Church, Lincoln Center, Fort Collins Masonic Temple, Campion Seventh-day Adventist Church Larimer Chorale is a group of non-auditioned singers that provides live choral music to local audiences in their$15,000 $14,250 $0 $75095% season of 3 concerts.Laudamus Chamber ChoraleLaudamus Chamber Chroale Location: TBDLaudamus Chorale will have two Fall concerts and two Spring concerts that have themed performances of classical$6,000 $0 $0 $6,0000%choral music from ancient to modern eras.Launch: Community Through Skateboarding The Launch Creative CenterLocation: The Launch Creative Center APPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDAPPROVED FUNDINGLaunch will have events and programs throughout the year of 2016 such as Build Your Own Skateboard, $5,000 $5,000 $0 $0100%Beginner Skateboard Lessons, and Public Skatepark Clean-up events.New Horizon's Band of Northern Colorado2016-2017 Concert SeasonLocation: First Methodist ChurchThe New Horizon's Band presents a winter, spring and fall concert. They also perform a Christmas concert $5,000 $4,000 $0 $1,00080%for Foothills Gateway residents and at 3 or 4 elementary schools throughout Fort Collins.OpenStage Theatre & CompanyOST 2015-2016 SeasonLocation: Lincoln Center Magnolia Theatre and Columbine Health Systems ParkOpenStage Theatre will present a season of 6 shows. Each production runs 5 weekends with 16 public $15,000 $15,000 $0 $0100%performances, 1 student preview and 1 corporate performance.Opera Fort Collins2016-2017 Season 37Location: Lincoln Center, Griffin HallThe Opera's 37th season will included three performances that include A Night at the Opera Chorus, La Cenerantola$15,000 $15,000 $0 $0100%and Salome.Poudre Landmarks Foundation, Inc.2016-2017 Season of EventsLocation: Avery & Carriage House, 1882 Water Works, Avery Carriage House, private homesPoudre Landmarks Foundation offers local history related events for the community during their numerous tours $15,000 $15,000 $0 $0100%and events throughout the year and produces an Annual Historic Homes Tour.The Center for Fine Art Photography2016-2017 Main Gallery Exhibitions and Location: Center for Fine Art PhotographyAssociated EventsThe Center for Fine Art Photographys' main gallery exhibitions are held once a month and are internationally $15,000 $15,000 $0 $0100%juried. The viewing audience experiences a variety of images from local as well as artists' from around the globe. Total Funding Requested by Applicants$212,665Total Funding Recommended for disbursement by CRB$200,850 $0Total Unfunded Balance$11,815% of Requested Amounts Funded94%Scores are based on application materials and Fort fund's "Criteria for Funding" APPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDAPPROVED FUNDINGColorado State University ACT Human Rights Film FestivalLocation: Lory Student Center Theatre and The Lyric Cinema CaféThe week-long festival will feature approximately 20 international documentary and narative fiction films that explore$25,000 $17,500 $0 $7,50070%a wide range of human rights and social justice issues affecting individuals and commnuities around the worldDenver Young Artists Orchestra AssociationDenver Youn gartists Orchestra Retreat at CSULocation: Griffin Hall, UCAThe annual retreat for the Young Artists Orchestra, DYAO'S senior level orchestra and musicians age 13-23, and the$3,000 $0 $0 $3,0000%Conservatory Orchestras, DYAO'S top training orchestras with musicians ages 10 to 18. Downtown Business Association21st Annual First Night Fort CollinsLocation: Various venues in Downtown Fort CollinsFamily friendly event that brings in the New Year in Old Town Fort Collins. $25,000 $12,000 $0 $13,00048%Fort Collins Museum of ArtFrida Kahlo: Through the Lens of Mikolas MurayLocation: Fort Collins Museum of Art Exhibition of Nikolas Murry pictures of the famous artist Frida Kahlo.$25,000 $0 $25,000 $0100%Fort Collins Museum of DiscoveryPterosaurs: Flight in the Age of DinosaursLocation: Fort Collins Muesum of DiscoveryFestivalPterosars, developed by the American Museum of Natural History in New York City, highlights the lastest research$50,000 $0 $35,000 $15,00070%by leading scientists worldwide and presents these discoveries in way accesible to all audiences.International Keyboard Odyssiad & Festival 2016 International Keyboard Odyssiad &Location: CSU Center of the ArtsFestivalThe event will open with the semifinal round of competition, both solo anc concerto divisions. The opening festival$25,000 $3,000 $12,000 $10,00060%will be performed by the brilliant Russian pianists Valery Kuleshov.Poudre River Public Library District**FoCo Book Festival:Brewing Up BooksLocation: Wolverine Farm Publick House, Downtown Artery, Firehouse BooksThe intended audience will listen with and meet authors and speakers on beer, coffee, and tea brewing; master$20,000 $0 $0 $20,0000%brewers in all three industries; and award-winning literary fiction writers and poets discussing their lives work.Project Youth and Chamber MusicOff the Hook SummerFestFort Fund Tier 3: Cultural Innovation APPLICANT PROPOSED EVENT/DATEFUNDING REQUESTSCULTURAL DEVELOPMENT & PROGRAMMINGTOURISM PROGRAMMINGUNFUNDED BALANCEPERCENT OF REQUEST FUNDEDAPPROVED FUNDINGLocation: Various venues in Old Town Fort CollinsEvents include opera, movement and dance, a juried show, classes in science, technology, engineering, arts and $15,000 $6,000 $6,000 $3,00080%mathematics, a film premier, and a variety of concerts both in publice venues and private homes in Old Town.Total Funding Requested by Applicants$188,000Total Funding Approved$38,500 $78,000Total Unfunded Balance$71,500% of Requested Amounts Funded62%** This event was not recommended for a grant due to their low score. Scores are based on application materials and Fort Fund's "Criteria for Funding." Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Ellen Martin, Visual Arts Administrator SUBJECT Resolution 2016-044, Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission Artists to Create the Art Project Pursuant to the Art In Public Places Program EXECUTIVE SUMMARY The purpose of this item is it to approve expenditures from the Art in Public Places Utility Funds to commission an artist team to create art for the Utility Administration Building Project. The expenditures of $48,800 will be for design, materials, fabrication, installation, and contingency for Creative Stained Glass Studio to create multiple art elements for the interior of the new Utility Administration Building. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 23-303 of the Code, which was added in 1995, established the Art in Public Places Reserve Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of works of art, and administrative expenses related to the Art in Public Places Program, in accordance with the Art in Public Places Guidelines adopted by the Council in Ordina nce No. 20, 1995. The Council permanently adopted the Art in Public Places Program, and reenacted City Code Chapter 23, Article IX with certain modifications , in 2012. The Utilities Administration Building (UAB) is currently under construction on Block 32 on LaPorte Avenue in downtown Fort Collins. The artist team of Michael Shields and Keeley Musgrave from Creative Stained Glass Studio worked with the Project Team to develop concepts for art at the site. Michael Shields and Keeley Musgrave were selected through an RFQ process, and the City entered into a design contract with the artist team, dated March 23, 2015. The artists are working on multiple art elements for the interior of the building. The art will be placed in the windows of the east and west stairwells, in the lobby of the north entrance, and the Customer Service Lobby. The art elements will speak to both water and energy themes, as they relate to the services provided by Utilities. The first art elements will be stained glass installations f or the windows of the east and west stairwells of the building. The windows will be illuminated at night when the stairwells are lit from the interior, engaging the passer-by in the Old Town area. 17 Packet Pg. 309 Agenda Item 17 Item # 17 Page 2 West Stairwell The theme of the west stairwell stained glass windows are inspired by water. The blue and green color and curvilinear lines represent the flow of water through the Cache La Poudre River, Utility systems, and agricultural growth. Shapes within the stained glass design represent Utility equipment; m anhole covers, pentagonal bolts, and a pipe clamp can be found in the design. East Stairwell The east stairwell windows are inspired by the theme of energy. The reds, oranges, and amber colors represent the power and warmth of energy. Within the design there are representations of historic streetlights, the sun, solar panels, and the movement of wind turbine blades. Customer Service Lobby Wall This wall hung multimedia sculptural piece will be created from glass, sandstone, metal and objects from the Utility warehouse that represent the everyday function of Utility work. Usually these objects are hidden from view, but are made visible here in order to celebrate the contributions and workings of the underground systems of the Utilities. The grid pattern in the art work will be taken from a detail section of the map of the City of Fort Collins. Customer Service Lobby Wall - Sculptural Wall Extension A second companion installation uses the same materials and concepts, but on a larger scale. Glass will play a larger role in this piece. Visitors will be able to see through the art work to the Customer Service area. This design is influenced by mountains, rivers, and terrain surrounding the City of Fort Collins. Larger objects from the Utility warehouse will be used in this multi-media work. North Lobby Entrance This sculptural wall hung piece will be created from painted ABS and PVC pipes of different diameters. These components will be mounted in a topographical pattern representing Horsetooth Reservo ir and the foothills to the west of the City of Fort Collins. This work represents our local geography by using pipes that are commonly used by Utilities. The lengths of the pipes and their color will reflect the corresponding topographical altitude of the geography. This design concept was reviewed and recommended by the Project Team and the Art in Public Places Board. CITY FINANCIAL IMPACTS The funds for this item have been appropriated in the APP Utilities’ Funds. The Art in Public Places program has a maintenance fund for the long-term care of the Art in Public Place art collection. The Utility Administration Project art budget is $48,800 to be used for design, materials, fabrication, installation, and contingency for this artwork. The APP funds for this art project are available from the APP Utilities’ Funds which include the Electric, Water, W astewater, and Stormwater Utilities. BOARD / COMMISSION RECOMMENDATION The design concept and budget for this project was reviewed and recommended for Ci ty Council approval by the Art in Public Place Board at the March 30, 2016 board meeting. PUBLIC OUTREACH The Utility Administration Building Project was promoted in a national call to artists through a Request for Qualifications (RFQ) process. In an RFQ process all submissions are reviewed and the artist selection is based on their portfolio of work. Submissions are reviewed by the APP Board, Purchasing representative, and representatives of the project team. 17 Packet Pg. 310 Agenda Item 17 Item # 17 Page 3 Artists then collaborate with the project team and together they develop concepts for the artwork based on the goals of the project and input from the team. The final design and budget is reviewed and approved by the project team and then the APP Board. The Board recommends the project to City Council for approval. ATTACHMENTS 1. Art in Public Places Board Minutes March 30, 2016 (PDF) 2. Proposed Artwork (PDF) 17 Packet Pg. 311 ATTACHMENT 1 17.1 Packet Pg. 312 Attachment: Art in Public Places Board Minutes March 30, 2016 (4441 : APP Utility Administration Building Interior Art Project) ATTACHMENT 1 17.1 Packet Pg. 313 Attachment: Art in Public Places Board Minutes March 30, 2016 (4441 : APP Utility Administration Building Interior Art Project) Stairwell Stained Glass Windows: The UƟ liƟ es AdministraƟ on Building (UAB) is currently under construcƟ on on Block 32 on LaPorte Avenue in downtown Fort Collins. The arƟ st team of Michael Shields and Keeley Musgrave worked with the Project Team to develop concepts for art at the site. The arƟ sts are working on mulƟ ple art elements for the interior of the building. The art will be placed in the windows of the east and west stairwells of the builiding, in the Customer Service lobby, and the the lobby of the north entrance. The art elements will speak to both water and energy, as they relate to the services provided by UƟ liƟ es. ART IN PUBLIC PLACES PROGRAM UTILITIES ADMINISTRATION BUILDING ARTISTS: CreaƟ ve Stained Glass Studio Michael Shields and Keeley Musgrave West Stairwell: The blue and green color and curvilinear lines represent the fl ow of water through the systems, agricultural growth and the Cache La Poudre River East Stairwell: The reds, oranges, and amber colors represent the power and warmth of energy. Within the design there are representaƟ ons of historic streetlights, the sun, solar panels, and the movement of wind turbine blades. ATTACHMENT 2 17.2 Packet Pg. 314 Attachment: Proposed Artwork (4441 : APP Utility Administration Building Interior Art Project)  Customer Service Lobby Wall  Artwork:    A wall hung piece with  glass, sandstone,   metal, and mulƟple  uƟlity objects that  were selected by the  arƟsts in the UƟlity  supply warehouse.   The grid paƩern is   taken directly from a  detail secƟon of a map  of the City of Fort   Collins.  Examples of uƟlity objects that will be included in the artwork .   ATTACHMENT 2 17.2 Packet Pg. 315 Attachment: Proposed Artwork (4441 : APP Utility Administration Building Interior Art Project)   A sculptural wall extension uses the same   materials and components as the wall hung   sculpture, but on a larger scale. The design is   influenced by mountains, rivers, and terrain   surrounding the City of Fort Collins.  This three dimensional sample shows  the proposed layers of the artwork.  The installaƟon will appear different  depending on the posiƟon of the  viewer.   North Lobby Entrance Artwork:    This sculptural wall hung piece  will be created from painted  PVC pipes of different   diameters. These components  will be mounted in a   topographical paƩern   represenƟng Horsetooth   Reservoir and the foothills to  the West. The lengths of the  pipes and their color reflect the  corresponding topographical  alƟtude of the geography.  This work represents our local  geography by using pipes that  are commonly used by UƟliƟes.   Rendering depicƟng  the varying pipe  lengths.  Straight on view Angled view  ATTACHMENT 2 17.2 Packet Pg. 316 Attachment: Proposed Artwork (4441 : APP Utility Administration Building Interior Art Project) -1- RESOLUTION 2016-044 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ART PROJECT FOR THE UTILITIES ADMINISTRATION BUILDING AND APPROVING EXPENDITURES FROM THE UTILITY PROJECT ACCOUNT TO COMMISSION ARTISTS TO CREATE THE ART PROJECT PURSUANT TO THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City is in the process of constructing the Utilities Administration Building Project on Block 32 of LaPorte Avenue in downtown Fort Collins (the “Project”); and WHEREAS, pursuant to Sections 23-303 and 23-304 of the City Code, one percent of the funds appropriated for the Project has been set aside for use in the acquisition, installation and maintenance of works of art in accordance with the Art in Public Places Guidelines adopted by the City Council in Ordinance No. 047, 1998 (the “Guidelines”); and WHEREAS, the Art in Public Places Board (the “Board”) and members of t he Project team selected artists Michael Shields and Keeley Musgrave from Creative Stained Glass Studio (the “Artists”) to develop design concepts appropriate to the Project site; and WHEREAS, the City entered into a design contract with the Artists dated March 23, 2015, to develop designs for art for the Project to be submitted for Board approval; and WHEREAS, the Board evaluated designs prepared by the Artists at its regular meeting on March 30, 2016, and made further recommendations; and WHEREAS, the Board has recommended approval of the use of project funds for artwork at the Project site consisting of stained glass installations in the windows of the east and west stairwells of the building and multimedia sculptured pieces created from glass, sandstone, metal and other materials hung in the lobby, integrating elements and objects related to water and energy utility services (the “Art Project”); and WHEREAS, the budget for the Art Project, including design, materials, fabrication, installation, and contingency, is $48,800, which is available from prior contributions to and appropriations from the Electric, Water, Wastewater and Stormwater Utilities Art in Public Places funds (collectively, the “Utilities’ APP Funds”); and WHEREAS, the Art Project funds will be drawn from unencumbered funds appropriated in the Utilities’ APP Funds for the Artists’ design fees, materials, fabrication, installation and contingency; and WHEREAS, Section 23-308 of the City Code requires that the Board’s recommendation concerning the use of funds for the Art Project be presented for Council review and approval as the cost of the art exceeds $30,000; and Packet Pg. 317 -2- WHEREAS, pursuant to the Guidelines, a priority in selecting works of art to be acquired with restricted Utilities’ APP Funds is that the art relate to and logically connect with the source of the funds used to acquire the artworks; and WHEREAS, the City Council finds that expending funds from the Utilities’ APP Funds for the selected Art Project relates to, logically connects with, and benefits the utility rate payers by enhancing the administration facilities necessary to deliver utility services. 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 above. Section 2. That the City Council hereby approves the use of previously appropriated funds in the amount not to exceed FORTY EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($48,800) from the Utilities’ APP Funds for the Art Project described herein for inclusion in the Utilities Administration Building Project, the conceptual design for which was reviewed and approved by the Art in Public Places Board on March 30, 2016. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 318 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Judge Kathleen M. Lane, Municipal Judge SUBJECT Resolution 2016-045 Reappointing Teresa Ablao as Temporary Judge and Authorizing the Execution of an Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to reappoint Teresa Ablao as the temporary judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of a temporary judge (commonly referred to as the Assistant Municipal Judge) to serve in the absence of the Municipal Judge. Teresa Ablao has served in this capacity since mid-2012. Municipal Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as the Assistant Municipal Judge. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution authorizes the Mayor to execute an employment agreement with Teresa Ablao, an attorney who is both reputable and qualified to be the Assistant Municipa l Court Judge for Fort Collins. The current employment agreement with Teresa Ablao relating to her service as the Assistant Municipal Judge for Fort Collins expires on June 30, 2016. This resolution reappoints Judge Ablao for an additional two year term, beginning July 1, 2016 and authorizes the execution of a new employment agreement for that service. CITY FINANCIAL IMPACTS The proposed rate of pay of $75 per hour is the same rate Judge Ablao has been earning since starting in this position in mid-2012. The Assistant Municipal Judge serves on an occasional basis and the expense is covered in the current Municipal Court budget. 18 Packet Pg. 319 -1- RESOLUTION 2016-045 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING TERESA ABLAO AS TEMPORARY JUDGE AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII of the City Charter allows the City Council to designate a temporary judge to serve in the absence of the Municipal Judge; and WHEREAS, the City Council appointed Teresa Ablao to serve in that capacity for a term ending June 30, 2016; and WHEREAS, the City Council recognizes that Teresa Ablao is a reputable and qualified attorney; and WHEREAS, the City Council wishes to reappoint Teresa Ablao to serve in such capacity on the recommendation of and at the discretion of the Municipal Judge. 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 Teresa Ablao is hereby reappointed temporary judge, for a term beginning July 1, 2016 and ending June 30, 2018, to serve as a temporary judge for the City as deemed necessary by the Municipal Judge. Section 3. That the compensation to be paid by the City to Ms. Ablao for serving in this capacity shall be at the rate of Seventy-Five Dollars ($75) per hour. Section 4. That the Mayor is hereby authorized to enter into an employment agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this reference, for the period of July 1, 2016 through June 30, 2018, between the City and Teresa Ablao to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 320 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July, 2016, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Teresa Ablao, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Temporary Judge, hereafter referred to as Assistant Municipal Judge, and the Employee wishes to provide her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2016-___, the City Council has approved of the appointment of Teresa Ablao as Assistant Municipal Judge and has authorized the Mayor to enter into an Employment Agreement; and WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and requirements regarding the employment of the Employee by the City. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and the Employee do hereby agree to the following: 1. Scope of Services The City agrees to employ the Employee as Assistant Municipal Judge and the Employee agrees to perform all functions and duties as specified in the job description attached hereto as Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be assigned. 2. Compensation (a) The Employee shall be compensated at the regular rate of Seventy Five Dollars ($75.00) per hour, less deductions and withholdings required by law, or authorized by Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in coordination with the Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay. 3. Term of Employment (a) The term of this Agreement shall be from July 1, 2016 to and including June 30, 2018. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. EXHIBIT A 1 Packet Pg. 321 Attachment: Muni Judge.Exh A (4469 : Municipal Court - Temporary Judge RESO) Teresa Ablao Employment Agreement July 1, 2016 Page 2 of 5 (b) It is understood and agreed to by the Employee that upon termination of this Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other than as provided in Paragraphs 2 and 6 of this Agreement. 4. Early Termination (a) Either party may terminate this Agreement at any time with or without cause prior to the expiration of the term hereof by providing written notice of termination to the other party at least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion, provide the Employee with fifteen (15) calendar days' compensation at her regular rate in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into the United States mail, postage prepaid, addressed as follows: TO THE EMPLOYEE: Teresa Ablao last known address on file with the Human Resources Department TO THE CITY: City of Fort Collins, Colorado Judge Kathleen M. Lane P.0. Box 580 Fort Collins, CO 80522 (b) The City has appropriated funds in the current fiscal year to meet the obligations of this Agreement through the current fiscal year. This Agreement shall terminate at the end of the City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to appropriate funds beyond the current fiscal year. 5. Insurance Coverage; Vacation, Holiday and Sick Leave The Employee shall not be entitled to the medical insurance plans, dental insurance plans, vision plan, life and accidental death and dismemberment insurance plans, long term disability plan, an Employee Assistance Program, retirement or deferred compensation plans, or any other group insurance plan or other benefits that may be offered to some other City employees. The Employee shall not be entitled to paid vacation time, paid holiday time, paid sick leave, paid short-term disability leave, or any other sort of paid leave as may be available to some other City employees. EXHIBIT A 1 Packet Pg. 322 Attachment: Muni Judge.Exh A (4469 : Municipal Court - Temporary Judge RESO) Teresa Ablao Employment Agreement July 1, 2016 Page 3 of 5 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and agrees that she shall comply with and be bound by all provisions that apply to contractual employees. The Employee acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or otherwise change any and all policies and procedures in the Personnel Policies and Procedures at any time. (b) Although the City’s Personnel Policies and Procedures contains examples of types of disciplinary action including dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4 above. (c) In the event that any applicable personnel policies set forth in the City’s Personnel Policies and Procedures are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling. 7. Proprietary Rights (a) The Employee will disclose to the City promptly all improvements, discoveries, ideas, inventions, and information pertinent to the operation or functions of the City which the Employee may develop either individually or in conjunction with others, or of which existence the Employee may otherwise learn during the period of employment by the City. (b) The Employee agrees that all products which she may develop during the Employee's employment, whether individually or in conjunction with others, and all intermediate and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like created in connection therewith (collectively referred to as “Work Product”), and any formulae, processes, logarithms, ideas and other information not generally known to the public, whether or not protected by copyright, and developed or generated by the Employee in the course of the Employee's employment hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable works, fixation in a tangible medium of expression. (c) The Employee hereby assigns to the City the sole and exclusive right, title and interest in and to all Work Product, and all copies of such Work Product, without further consideration. The EXHIBIT A 1 Packet Pg. 323 Attachment: Muni Judge.Exh A (4469 : Municipal Court - Temporary Judge RESO) Teresa Ablao Employment Agreement July 1, 2016 Page 4 of 5 Employee further acknowledges that the City shall retain ownership of and the right to reproduce, market, license, or otherwise distribute any program or material produced by the Employee under the terms of this Agreement. 8. Entire Agreement This Agreement constitutes the entire agreement between the parties concerning the rights granted herein and the obligations assumed herein. Any oral representation or oral modification concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in the City's Personnel Policies and Procedures may be amended, modified, supplemented or rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is further understood and agreed by the Employee that no representation, promise or other agreement not expressly contained herein has been made to induce the execution of this Agreement, and that the terms of this Agreement are contractual and not merely recitals. 9. Enforcement of Agreement; Attorneys' Fees and Costs If any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it or she is entitled. 10. Severability Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and enforceability of the remaining parts, terms and provisions should not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement. 11. Binding Effect This Agreement shall be binding upon the parties hereto and the heirs, successors and assigns of each respectively. The City and the Employee freely and voluntarily enter into this Agreement and have executed this Agreement having first read the same and intending to be bound. EXHIBIT A 1 Packet Pg. 324 Attachment: Muni Judge.Exh A (4469 : Municipal Court - Temporary Judge RESO) Teresa Ablao Employment Agreement July 1, 2016 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: __________________________ Mayor ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: ______________________________ Assistant City Attorney EMPLOYEE: _____________________________ Teresa Ablao, Esq. APPROVED: _______________________________ Human Resources Director APPROVED: ___________________________ Judge Kathleen M. Lane EXHIBIT A 1 Packet Pg. 325 Attachment: Muni Judge.Exh A (4469 : Municipal Court - Temporary Judge RESO) EXHIBIT A JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort Collins Municipal Court on the dates and times agreed upon with the Municipal Judge. During arraignment sessions (including video advisements of prisoners held at the Larimer County Jail), the Assistant Municipal Judge shall give the advisements (or ensure that written advisements have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and process paperwork as requested by the Municipal Judge or Court Administrator. During trial sessions, the Assistant Municipal Judge shall conduct the trials in accordance with the laws and procedures applicable to the Court. EXHIBIT A 1 Packet Pg. 326 Attachment: Muni Judge.Exh A (4469 : Municipal Court - Temporary Judge RESO) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager SUBJECT First Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. Ordinance No. 043, 2016 was adopted on Second Reading on April 19, 2016, allowing City staff to begin the property acquisition process for the preferred alternative on the six commercial properties at this intersection. Staff delayed the residential properties approximately six weeks to allow additional design work and discussions with the property owners. The following work has been done recently in regards to the residential properties:  Council Work Session presentation and discussion on April 12, 2016, resulting in: o Majority support for dual westbound left turn lanes o Request to provide follow-up on additional design questions  Meeting with Mayor Pro Tem Horak, City Manager, City staff and affected property owners to discuss property owners requested design (April 25, 2016).  Memo to Council providing detailed analysis of the impacts and benefits of moving the roadway south to avoid wall impacts.  Support from Transportation Board and Bicycle Advisory Committee on staff’s preferred alternative. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff will negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all proper ty acquisitions for the Project only if such action is necessary in order to keep the project on schedule. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council approved the second reading of Ordinance No. 043, 2016 on April 19, 2016, allowing staff to being the property acquisition process on the six affected commercial properties at this intersection. In order to construct the preferred alternative for the Project, the City needs to acq uire property from the two residential properties on the east end of the Project as well. 19 Packet Pg. 327 Agenda Item 19 Item # 19 Page 2 The Prospect and College intersection has some of the highest traffic volumes in the entire City in addition to high numbers of crashes, significant congestion in peak travel times, substandard bicycle and pedestrian facilities and insufficient turn lanes. Turn lane improvements and improved signal timing will be implemented to reduce congestion, while re-designed medians and bicycle and pedestrian facilities will update the look, feel and functionality of the intersection for all modes of transportation Multiple planning efforts and projects over the last several years help inform and set the stage for the proposed improvements at Prospect and College. These are sum marized as follows: 2011 Master Street Plan and Transportation Master Plan designated Prospect from Mason Street to I - 25 as an Enhanced Travel Corridor (ETC) and as a Gateway Intersection. The Capital Improvement Plan (CIP) (Appendix D to the 2011 Transportation Master Plan) lists intersection improvements to Prospect and College as a High priority project. Roadway improvements to Prospect Avenue from College to Lemay are listed as a Medium priority project. The 2011 Arterial Intersection Prioritization Study identified Prospect and College as a top priority for congestion and safety improvements The West Central Plan (adopted in 2015) eastern limit is College Avenue. However, improvements to Prospect and College are sited as a Short-Term project (0-10 years) and the location is noted as “High crash location, high vehicle delays, and review for multi-modal improvements.” ETC’s are identified as the most desired area of focus for the Transportation Master Plan and future transportation investments. ETC’s are designated as routes that provide connections between major activity centers such as downtown, CSU, Midtown, employment centers, shopping destinations and neighborhoods. Enhanced Travel Corridors are defined as uniquely designed corridors that a re planned to incorporate high frequency transit, bicycling, and walking as part of the corridor. Key elements of gateway intersections include extensive landscaping and urban design to highlight entryways into the city. This vision would include:  A safe and comfortable corridor for all modes of travel;  Safe crossing;  An attractive gateway to campus, downtown, and midtown; and  A seamless connection to transit, including MAX. The Project is recognized as being in a constrained area where proposed improvem ents may have property impacts to adjacent businesses and residents. Designing in this area requires a context sensitive approach with potentially narrower roadway elements than are typically required, while still meeting minimum safety and operational considerations. City staff presented a preferred alternative for the intersection improvements at the April 12, 2016 City Council Work Session. Staff provided background information on the current design of the improvements. The preferred design concept is included as an attachment. After the April 25 meeting with Mayor Pro Tem Horak, the City Manager and affected property owners, City staff prepared an alternative that would move the road sufficiently south to avoid impacts to the wall in front of 1535 Remington and maintain the westbound dual left turn lanes. This alternative is discussed in detail in the attached Memo to Council. In summary, the alternative is not recommended for the following reasons: Impacts are shifted to multiple properties Most substantially, this requires a full purchase of 1601 Remington, demolition of the house and garage structures and restoration of the property (filling the basement, restoring the landscaping, etc.) Additional property acquisition from the fueling station and convenience store on the SW corner of Prospect and College to the extent that damages to the business operation are expected. Extension of the project limits to the east of Remington to include two right of way acquisitions that to this point have not been included in any discussions. 19 Packet Pg. 328 Agenda Item 19 Item # 19 Page 3 Additional construction costs associated with the extended project limits, reconfiguration of the Remington and Prospect intersection, and full reconstruction of the roadway where an asphalt overlay is no longer feasible. These impacts in total are estimated to add at least $1.3M in additional costs to the project above and beyond the cost savings from 1535 Remington. This “Southern Shift” alternative does not provide any additional operational or safety benefit s compared to the preferred alternative. It does provide the opportunity to build a detached wide sidewalk along 1601 Remington after the house is removed. The “Southern Shift” has the following key design differences:  All the lanes on the west side of the intersection would be 10’ wide. This is a design that City staff does not support in this context for safety reasons.  The “Southern Shift” would fail to improve the existing condition of a 6 -foot sidewalk adjacent to a narrow lane along the 1535 Remington property.  Medians would be narrower than the minimum necessary to plant trees.  The “Southern Shift” alternative would preserve 3 mature trees on the north side of the road, but would require the removal of 3 mature trees on the south side. Both alter natives impact the same number of trees -- 15 trees in total. Based on a thorough evaluation of all possible design alternatives, the City recommends proceeding with the preferred design alternative as presented in the April 12 Work Session. This design provides the following benefits: Dual left turn lanes westbound, extended right turn lanes, landscaped medians, porkchop islands and sidewalks to accommodate bicycles and pedestrians 20-25% reduction in overall delay and congestion at the intersection Multimodal improvements with safety and operational benefits for all modes Urban design and landscaping for this Gateway Intersection This alternative does require relocation of the retaining wall and removal of the tree at 1535 Remington Street. The City has met with the property owner numerous times and looked at all alternatives that leave the existing wall in place. This wall will need to be relocated as part of the preferred design alternative. The City Forester has evaluated the affected tree to be in “Fair” condition. The Forester has also noted that moving the wall at all, even a few feet, would require removal of the tree. Through negotiations the City will propose to mitigate and restore the wall and landscape areas on the property. Staff’s preferred design alternative was presented to both the Bicycle Advisory Committee and the Transportation Board. Both groups supported staff’s preferred design alternative. The necessary property interests include right-of-way and permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their property. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the improvements goals of the Project. At our meetings, the property owners were notified that City staff would b e requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensur e that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorizatio n of eminent domain prior to First Reading of this Ordinance. 19 Packet Pg. 329 Agenda Item 19 Item # 19 Page 4 CITY FINANCIAL IMPACTS The Project is funded with local funds. Council appropriated $2,700,000 through a mid -budget offer in 2015 for the design, right-of-way and construction of this Project. City of Fort Collins Utilities is planning significant stormwater improvements as a part of the Project. Colorado State University has financial responsibility for coordinated improvements generally related to the NW corner of the intersection. The purchase of this right - of-way will allow staff to move forward with final design and construction. BOARD / COMMISSION RECOMMENDATION The project was presented and discussed at the April 20, 2016 Transportation Board Meeting. Letter of Support from the Transportation Board is attached. The project was presented and discussed at the March 28, 2016 Bicycle Advisory Committee. PUBLIC OUTREACH This project has been included as a part of the Prospect Corridor Outreach Plan. The project team has held over 20 individual meetings with the eight adjacent property owners. . ATTACHMENTS 1. Location Map (PDF) 2. Sustainability Assessment Summary (PDF) 3. Proposed ROW Exhibit (PDF) 4. Preferred Alternative Design Concept (PDF) 5. Memo to Council May 3, 2016 (PDF) 6. Transportation Board Letter of Support (PDF) 7. Staff Presentation (PDF) 19 Packet Pg. 330 S College AveBNSF RailroadI³ E Prospect RdW Prospect Rd Remington StCollege and ProspectProject Location Map ³0 200 400 600 800Feet Legend Railroad Lines Project Limits ATTACHMENT 1 19.1 Packet Pg. 331 Attachment: Location Map (4457 : Prospect and College Eminent Domain Authorization -- Residential Properties) SUSTAINABILITY ASSESSMENT SUMMARY DATE: March 1, 2015 SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road Intersection Improvements Project Key issues identified: • Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians, and the environment. Suggested mitigation actions: • Detours, pedestrian and bicycle access, and other construction best practices will be used to maintain connectivity and access to local businesses. Economic , 1.0 Social , 2.0 Environmental 0 Rating Average, 1.0 1 2 0 1.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 2 19.2 Packet Pg. 332 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain Authorization -- Residential Properties) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystem s upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross -department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less This Council action item will authorize the use of eminent domain for Prospect Road and College Avenue Intersection Improvements Project. Staff lead(s): Please note staff name, position/division and phone number Dan Woodward, Civil Engineer, 970-416-4203 Lindsay Kuntz, Real Estate Specialist, 970-221-6275 ATTACHMENT 2 19.2 Packet Pg. 333 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 2 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis.  Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description This Council action item will authorize the use of eminent domain for right-of- way acquisition at the College and Prospect Intersection Improvements project. 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion At the project location, gaps in pedestrian and bicycle connectivity currently exist. This project will eliminate existing gaps by constructing sidewalks and multi-use paths. All pedestrian improvements will comply with ADA requirements. This project will result in more efficient traffic flow due in large part to the installation of an additional westbound left turn lane and lengthening the east bound right turn lane. Less vehicle congestion will likely result in reduced frustration for commuters. There will be temporary negative impacts to local residents, businesses and the traveling public as a result of construction activities. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth Providing improved bicycle and pedestrian connectivity will likely result in improved quality of life, as well as access opportunities, for seniors, youth, people with disabilities, etc. The improved pedestrian infrastructure will result in better access to local businesses and public transportation including transit and MAX. This project will provide pedestrian refuge islands that don’t currently exist. The ATTACHMENT 2 19.2 Packet Pg. 334 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 3 and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) islands and wider walks will result in a more comfortable crossing for many pedestrians, as well as a likely safer crossing. This project will improve the access to the Remington Greenway and MAX, promoting bicycle use as well as pedestrian. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? Providing improved bicycle and pedestrian infrastructure will likely result in a safer environment for pedestrians and bicyclists. The shorter crossing distance provided by this project will likely result in safer crossing conditions for pedestrians. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? This project includes culturally-rich components, such as Art in Public Places, urban design elements, and landscaped medians/parkways. The design elements in this project match the brand and spirit of Fort Collins, provide a sense of place at the intersection, and will enhance the aesthetics of this gateway intersection. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? This project will have a positive impact on the access of local residents to nearby businesses, trails, and other destinations. With this intersection being a gateway to CSU, many of the local residents may not have access to vehicles and may rely heavily on walking or bicycling. Community outreach, open houses and other opportunities for public input are planned as part of the design phase of this project. During construction there will be negative impacts to the neighborhoods as well as right-of-way purchases to some residential properties. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? The project team will engage in property owner outreach through direct contact, open houses, and other outreach activities. Cooperation between various City departments (Engineering, Parks, Utilities, etc.) has and will be a key element in the development and execution of this project. Social Equity Summary Key issues: Positive impact on vehicular commuters, pedestrians, and bicyclists through improved infrastructure. ATTACHMENT 2 19.2 Packet Pg. 335 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 4 Develop a strong sense of place, community and culture through infrastructure and design elements. Temporary negative construction impacts. Potential mitigation strategies: Detour routes and other construction mitigation strategies for vehicles, bicycles and pedestrians. Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? Analysis/Discussion It is anticipated that construction activities and roadway widening will have negative impacts on the local ecosystems. Landscaped areas and trees will be added to the project location. There will be existing trees that are taken down as part of this project that will be mitigated. The improvement of traffic flow will likely result in reduced air pollution. Staff anticipates recycling of construction materials at Hoffman Mill as opposed ATTACHMENT 2 19.2 Packet Pg. 336 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 5 • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? to relocation to a landfill. Stormwater master plan improvements will be done as part of this project which will improve water quality and flooding issues associated with rainfall runoff events. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? Project improvements will support bicycle and pedestrian travel through infrastructure and safety improvements. As a result, it is anticipated that total vehicle miles traveled may reduce. Reduced idle time and improved traffic flow will likely reduce carbon and greenhouse gas emissions. Construction activities will temporarily increase emissions. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? Not Applicable 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? It is anticipated that a large portion of the construction materials generated as part of this project will be recycled at Hoffman Mill, diverting these materials from a landfill. ATTACHMENT 2 19.2 Packet Pg. 337 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 6 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? It is anticipated that, as with other roadway improvement projects, the asphalt and concrete waste generated will be recycled. 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? The construction of this project will be awarded as part of a competitive bidding process. It is common for local contractors to bid on and be awarded similar construction contracts. Material for similar construction projects is generally locally sourced, and it is anticipated that this project will likely be locally sourced as well. Environmental Health Summary Key issues: Negative impacts on air quality as part of construction activities. Negative impacts on local ecosystems as part of construction activities and roadway widening. Positive impact on air quality as part of increased traffic efficiency and promotion of multi-modal transportation. Reuse and recycling of materials within the City. Potential mitigation strategies: Best practice measures will be taken during construction to mitigate environmental impacts. Trees and vegetation will be added to the project location to mitigate those removed as well as additional trees and vegetation. Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. ATTACHMENT 2 19.2 Packet Pg. 338 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 7 Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion Providing improved connectivity for bicycles and pedestrians will likely benefit the local businesses. It is anticipated that there will be economic benefits as a result of improved transportation infrastructure and improved commuting times. Project improvements will support the general attractiveness and appeal of the City, as well as specifically support the bicycle and pedestrian culture found in the City. Infrastructure improvements will directly improve access to local employers and businesses including CSU. There will be temporary negative impacts to local business access during construction. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? It is likely that there will be temporary work for local construction contractors during construction. 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? Project improvements will have direct positive impacts for businesses in the area as a result of reduced congestion and delays. Temporary negative impacts to local businesses as a result of construction are likely. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. It is typical for construction contractors and material suppliers to be local for this type of project. Many of the construction materials used in roadway projects are comprised of ATTACHMENT 2 19.2 Packet Pg. 339 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 8 • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? locally-sourced components. 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Key issues: Long-term benefits to local business access and connectivity. Improved aesthetics promotes general appeal of the City. Improvements to bicycle and pedestrian infrastructure promote the culture of the City. Construction activities will likely have a temporary negative impact on local businesses. Potential mitigation strategies: Connectivity to local businesses will be maintained for vehicles, pedestrians and bicycles during construction. Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X ATTACHMENT 2 19.2 Packet Pg. 340 Attachment: Sustainability Assessment Summary (4457 : Prospect and College Eminent Domain 3' UTIL. ESMT. PER REC. NO. 95028202 PROPOSED ROW TEMPORARY EASEMENT PROPOSED PROPOSED ROW TEMPORARY EASEMENT PROPOSED 10'10'23.05'9'5' MH 10004 4991.12 MH MH 10003 4991.70 MH MH 10002 4993.18 MHCOLLEGE PROSPECT REMINGTON60'0'30'120' REC. NO. 94052938 MARJORIE LEWAN 1608 S. COLLEGE BRADLEY'S ADDITION AND 2, BLK. 1, I. C. PORTION OF LOTS 1 REC. NO. 20080020376 DOWNTOWN FIREHOUSE LLC & ADJM LLC 1601 REMINGTON REC. NO. 20060062682 KEVIN HARPER ANNE M. CLEARY & 1535 REMINGTON L. C. MOORES SECOND ADDITION LOTS 11 AND 12, BLOCK 6, PORTION OF LOT 13, BLK. 1, I. C. BRADLEY'S ADDN. CITY R.O.W. PER REC. NO. 95028201 DRNG. & DETENTION ESMT. R.O.W. PER PLAT OF TACO BELL P.U.D.STATE HIGHWAY R.O.W.CITY R.O.W. REC. NO. 92051920 TACO BELL CORP. 1530 S. COLLEGE STATE HIGHWAY R.O.W.5'X5' UTIL. ESMT. 10'X20' UTIL. ESMT. 94098302, AND 95045489 R.O.W. PER REC. NOS. 85033326, 05/04/2016 PROPOSED MAXIMUM ROW COLLEGE AND PROSPECT LEGEND PROPOSED ROW EASEMENT PROPOSED TEMPORARY ATTACHMENT 3 19.3 Packet Pg. 341 Attachment: Proposed ROW Exhibit (4457 : Prospect and College Eminent Domain Authorization -- Residential Properties) PREFERRED DESIGN CONCEPT5/3/2016ATTACHMENT 419.4 Packet Pg. 342 Attachment: Preferred Alternative Design Concept (4457 : Prospect and College Eminent Domain Authorization -- Residential Properties) ATTACHMENT 519.5 Packet Pg. 343 Attachment: Memo to Council May 3, 2016 (4457 : Prospect and College Eminent Domain Authorization -- ATTACHMENT 519.5 Packet Pg. 344 Attachment: Memo to Council May 3, 2016 (4457 : Prospect and College Eminent Domain Authorization -- SOUTHERN SHIFTALTERNATIVEATTACHMENT 519.5 Packet Pg. 345 Attachment: Memo to Council May 3, 2016 (4457 : Prospect and College Eminent Domain Authorization -- Residential Properties) Eric Shenk, Chair Annabelle Berklund, Vice Chair Transportation Board DATE: April 27, 2016 TO: Mayor Troxell and City Councilmembers FROM: Eric Shenk, Transportation Board Chair, on behalf of the Transportation Board RE: College and Prospect Intersection Design The Transportation Board reviewed the College and Prospect Intersection Design presented by Dan Woodward and Dean Klingner at our April 20, 2016 meeting. Two options presented in the Alternative Analysis Report included dual eastbound and westbound left turn lanes off of Prospect Road vs dual eastbound left turn lanes and a single extended westbound left turn lane off of Prospect Road. The dual eastbound and westbound turn lanes are the preferred alternative in terms of congestion relief. The Transportation Board unanimously voted to support College and Prospect Intersection Design that includes dual eastbound and westbound left turn lanes off Prospect Road. Respectfully submitted, C. Eric Shenk, Transportation Board Chair ATTACHMENT 6 19.6 Packet Pg. 346 Attachment: Transportation Board Letter of Support (4457 : Prospect and College Eminent Domain Authorization -- Residential Properties) 1College and Prospect –Proposed Intersection Improvements5-17-16 Tonight’s Proposed Council Action:• Authorizes eminent domain, if necessary, on portions of two residential properties• Requires ~10 months of good faith negotiation prior to any court action• Based on the Recommended Concept (dual westbound left turn lanes)2 Context• Authorization for 6 commercial properties passed on 1stand 2ndreadings in April, 2016• Additional work on residential properties• April 12th, 2106 Work Session• Support for westbound dual left turn lanes• Request to continue discussions with property owners• Follow-up meeting with property owners (April 25th)• Design Memo detailing option to shift the road south3 Project Background, Process, History4 Communication & Public Involvement• Proposed Project is an implementationof approved standards, plans, goals and visions.• Consistent with approved policies and many recent plans, master plans and corridor studies and community feedback• Is a localized project, not a corridor plan or long-range plan• Opportunity to fund based on leverage with CSU• Over last 5 months:• Dozens of property owner meetings• 2 Council Meetings and a Design Work Session• Prospect Corridor Communication Plan, Transportation Board, Bike Advisory Committee5 Other Options Considered• Single Westbound Left Turn Lane• Response to property owner concerns• Presented at April 12thWork Session• Not Recommended due to operational concerns• Southern Roadway Shift – requested at April 25thmeeting• Not Recommended• Shifts impacts to multiple other properties• Adds significant cost ($1.3M) to project• Jeopardizes 2017 construction schedule• Leaves narrow sidewalk/wall condition; removes trees from median6 7 8 Existing conditionsNarrow lane +Narrow attached sidewalk +Inadequate setback to wall9 Draft Recommended ConceptKey Project Benefits:• Congestion Relief (~25%)• Improved Safety• Upgraded infrastructure (utilities, sidewalks, etc.)• Improved bike/pedestrian connections and crossings• Gateway Amenities10 11 Summary• This action initiates negotiation on the residential properties• Does not include any full property acquisitions• Based on the Recommended Concept• Result of exhaustive alternative analysis• Constrained corridor requires compromise• Next steps will initiate negotiation & mitigation• Best achieves project goals while minimizing impacts 12 -1- ORDINANCE NO. 073, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF ADDITIONAL LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS AS PART OF THE PROSPECT ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and College Avenue Intersection Improvements Project (the “City Project”) in 2017; and WHEREAS, the City Project will construct needed road and intersection improvements, multimodal transportation enhancements, utility improvements, and access control improvements; and WHEREAS, Colorado State University is also required to build certain improvements at the same intersection in conjunction with the construction of its new medical center (the “Medical Center Project”); and WHEREAS, it is necessary for the City to acquire certain property interests for the City Project in a timely manner in order to coordinate construction of the City Project with the Medical Center Project; and WHEREAS, on April 19, 2016, the City Council adopted on second reading Ordinance No. 043, 2016, authorizing the acquisition of certain lands necessary for construction of the City Project; and WHEREAS, the City has identified certain additional real property interests needed for the City Project, as described on Exhibits “A” through “D”, attached hereto and incorporated herein by this reference (the “Property Interests”); and WHEREAS, the Property Interests include real property to be acquired either in fee simple for right-of-way or for temporary construction easements; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Interests from the owners thereof; and WHEREAS, the acquisition of the Property Interests is desirable and necessary for the construction of the City Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the City is authorized under Article XX, §1 of the Colorado Constitution and Article V, §14 of the City Charter to use the power of eminent domain to acquire real property as reasonably necessary for public improvements such as the City Project; and WHEREAS, the acquisition of the Property Interests may, by law, be accomplished through eminent domain. Packet Pg. 359 -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 and determines that is necessary in the public interest to acquire the Property Interests described herein for the purpose of constructing the City Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Interests for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of any of the Property Interests, or any portion of them, is commenced, immediate possession of the same is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. _________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 360 EXHIBIT "A"1 Packet Pg. 361 Attachment: College-Prospect Exhibit A (4462 : Prospect and College Eminent Domain ORD) EXHIBIT "B"2 Packet Pg. 362 Attachment: College-Prospect Exhibit B (4462 : Prospect and College Eminent Domain ORD) EXHIBIT "C"3 Packet Pg. 363 Attachment: College-Prospect Exhibit C (4462 : Prospect and College Eminent Domain ORD) EXHIBIT "D"4 Packet Pg. 364 Attachment: College-Prospect Exhibit D (4462 : Prospect and College Eminent Domain ORD) Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Alternate Review of the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining to the Gardens on Spring Creek and First Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. EXECUTIVE SUMMARY The purpose of this item is to review the April 7 Planning & Zoning Board decision regarding the Ga rdens on Spring Creek amended Master Plan, formally known as the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center. The Board approved the Gardens amended master plan on the condition that: (1) the general standards related to time limitations, sound monitoring, and security and safety requirements set forth in attachment 3 (to the Board packet) be included in the notes set forth on the site plan; and (2) that the 14 foot high western sound mitigation wall be removed from the project. Under Section 2.2.12 of the Land Use Code, the Planning & Zoning Board decision on this City project is not subject to appeal. Instead, Section 2.2.12(B) provides for an “Alternate Review” by Council as requested by a City Councilmember within the 14 days following the Board’s decision. The Alternate Review permits the Council to review the Board’s decision on the City’s amended master plan as an exercise of its legislative power over a City development project and, after conducting a hearing, to adopt an ordinance overturning or modifying the Board’s decision if Council so desires in its sole discretion. The Ordinance modifying the Board decision is included for Council’s use if desired. The Ordinance: 1. Does not offer the option of overturning the Board’s approval of the Gardens amended master plan (with conditions), since this would leave the City without an approved amended plan and necessitate a new application by the Gardens; 2. Clarifies the Board’s decision by clearly identifying the “general standards” to be included on the amended site plan (since the Board reference to standards on “attachment 3” of its materials may have resulted in some confusion); and 3. Includes a possible modification to the Board decision to re-instate the westernmost sound wall, since the Board’s approval removed this element of the City’s plan and this is the portion of the decision that generated much of the discussion at the Board’s hearing and has an impact on the Garden’s operational plan, and a placeholder for other possible modifications (in case any are desired). If Council wishes to include other modifications to the Board Decision, such changes can be added to the Ordinance by amendment. 20 Packet Pg. 365 Agenda Item 20 Item # 20 Page 2 If a motion to consider the Ordinance to modify fails for lack of a second or is postponed indefinitely, or if the Ordinance is voted down, then the Planning and Zoning April 7, 2016, decision will remain unmodified and in effect. STAFF RECOMMENDATION Staff recommends Council conduct an Alternate Review of the Planning and Zoning Board decision. BACKGROUND / DISCUSSION The original master plan for the Gardens on Spring Creek was approved in 2001. At that time, the master plan included a number of future components, which are now planned in detail with the currently proposed Master Plan. Specifically, the amended components that are shown with these proposed plans include: expanded garden areas; a stage structure, sound walls, and attendance increase for music concerts; a modified circulation and parking plan; and site plan notes which update the operational and management standards for Gardens events, and include other standard City requirements (Attachment 3). The Gardens on Spring Creek (GSC) facility was approved by a Hearing Officer in 2001 as the Centre for Advanced Technology 22nd Filing Community Horticulture Center. The approved plan includes two primary uses - Community Facility and Neighborhood Park. The park designation applies to portions of the Plan along the Spring Creek Trail, known as Lilac Park. The approved 2001 plan includes all of the elements of the GSC facility that currently exist today, including the main facility building and greenhouse/conservatory, themed gardens, parking area, trail alignment and perimeter landscaping. The approved 2001 plan also includes several elements to be built with future phase construction, including additional themed gardens, a great lawn, gazebo and bandstand. In conjunction with th e great lawn, gazebo and bandstand, the approved plan proposes a maximum of 350 people on-site for amplified music performances and other events. Because the amended plans propose to expand the scope of the amplified music performances to accommodate a maximum of 1,500 people, this change in scope triggered a Major Amendment review process . Compliance with Applicable Employment Standards: The project remains in compliance with all applicable Employment District standards with the following relevant comments provided: A. Section 4.27 - Permitted Uses While the current approval describes the Gardens on Spring Creek facility as a “Community Horticulture Center”, the designated permitted use per the Land Use Code (LUC) is community facility. This specific land use designation is listed in Section 4.27(B)(2)(b)(4) of the Employment District as a permitted use subject to Administrative Review with a Hearing Officer. However, effective July 21, 2015, under Ordinance No. 82, 2015, all projects in which the C ity is the applicant are reviewed by the Planning and Zoning Board. The new review process is described in Division 2.17: City Projects. Development projects for which the City is the applicant shall be processed in the manner described in this Land Use Code, as applicable, but shall be subject to review by the Planning and Zoning 20 Packet Pg. 366 Agenda Item 20 Item # 20 Page 3 Board in all instances, despite the fact that certain uses would otherwise have been subject to administrative review. Compliance with Article 3 of the Land Use Code - General Development Standards The project complies with all applicable General Development Standards with the following relevant comments provided: A. Division - 3.2, Site Planning and Design Standards The project plan, as amended, remains in compliance with the standards in this Division of the code, which includes Landscaping and Tree Protection, Access, Circulation and Parking, Solar Access, Orientation and Shading, Site Lighting, and Trash and Recycling Enclosures . The majority of the site elements that relate to these standards have already been constructed, including the on-site parking lot, main building/conservatory, street trees along Centre Avenue, alignment of the Spring Creek Trail, and perimeter plantings. 1) Section 3.2.4 - Site Lighting. A photometric plan is provided for the additional light fixtures that are included in the amended phases of the facility. The additional lighting provided incorporates down -directional and sharp cut-off fixtures. All lighting complies with the lighting levels an d design standards of this section. 2) Section 3.2.2 - Access, Circulation and Parking. The amended plans comply with the minimum parking required by providing off-site parking for events as needed. The minimum parking required is based on the City’s standards for Alternative Compliance, and is based on the minimum parking required for the peak demand anticipated at a ticketed performance event, for a maximum of 1,500 people. Parking demand for a 1,500 person event is anticipated to arrive using the following travel modes: 150 visitors travel to events via bicycle 50 visitors travel to events via MAX 1300 visitors travel to events via car w/2 persons per vehicle average. This demand estimate requires total of 650 parking spaces. A total of 700 parking spaces are provided with the plans as follows: 65 vehicles will utilize the existing Gardens on Spring Creek on-site parking lot, of the 74 spaces available in this parking lot. 350 vehicles will utilize the NRRC facility parking lot located across Centre Avenue to the east. 285 vehicles will utilize the CSU Research Blvd parking Lot, which is located 1,800 feet (.34 miles) along Center Avenue to the south of the Gardens. The applicant’s alternative compliance narrative attached with this st aff report provides more detail. Staff finds that the off-site parking arrangement provides an adequate solution within acceptable proximity to the facility to accommodate larger planned events. The operational standards provided with the site plan outline the need for traffic control and other measures that will be provided in conjunction with this off -site event parking. B. Division - 3.3 Engineering Standards Utility Plans are provided for the amended project which demonstrate compliance with all Ci ty requirements. Site grading and stormwater drainage design are the major focus of these plans. The proposed design and drainage analysis demonstrates that the project complies with the original design from the approved drainage and erosion control report for the project, dated January 31, 2003 and prepared by EDAW, Inc. Portions of the site are in the City floodplain and a Floodplain Use Permit is required, which must show that there will be no rise in the Base Flood Elevation on neighboring properties. 20 Packet Pg. 367 Agenda Item 20 Item # 20 Page 4 An updated floodplain memo has been provided by the Garden’s consulting engineer. The floodplain memo and associated plans must be provided in final form and a Floodplain Use Permit issued prior to construction. A summary of the floodplain requirements outlined in the memo are as follows: All development activities on all properties located within a Federal Emergency Management Agency (FEMA) regulatory floodplain are subject to the requirements of Chapter 10 of the City Municipal Code. This includes the Gardens on Spring Creek property, which is in the FEMA regulatory 100-year floodplain for Spring Creek. As required by city code, the project’s engineer has provided City staff with a detailed floodplain analysis. The analysis must demonstrate that the Garden’s proposed improvements will not increase existing flood risk in the area. All new construction of structures as well as filling, excavation, or grading associated with the proposed site work in the floodplain are considered in the analysis. The ana lysis confirms that: The proposed improvements will not cause a rise in the FEMA Base Flood Elevation (BFE), will not change the boundaries of the FEMA floodplain boundaries, and will not reduce the required regulatory flood storage volume in the area. Com pliance with these requirements is achieved through several measures: All proposed earthwork is balanced so that any proposed raise in grade (fill) is offset by lowering the grade (cut) in other areas of the site. The floodplain model must also be updat ed to reflect the proposed improvements and show no increase in the Base Flood Elevation. The result of these analyses is called a “No-Rise Certification” which must be provided to the city along with the Floodplain Use Permit. The certification includes required volume calculations for all site elements, including temporary elements. The calculations also take into account proposed plant material. All new accessory structures must be “flood vented” or elevated above the Regulatory Flood Protection Elevation (RFPE), which is defined as 12 inches above the base flood elevation (BFE). The RFPE elevation is 4,999.42 feet. The term “flood vented” means that the proposed structures (such as the proposed pergolas), must not be fully enclosed. Examples of open structures in the FEMA floodplain can be found in City Parks such as Edora, Spring Creek, Lee Martinez, and Rolland Moore. These parks have open structures in the floodplain/floodway (such as picnic shelters) but not enclosed buildings. Enclosed structures at these parks, such as bathrooms, are outside of the regulatory FEMA floodplain. In addition to flood venting, all permanent features such as the garden’s pergolas must be permanently anchored. Outdoor storage of materials that might float away is pr ohibited. All outdoor materials will be confined inside latched utility sheds behind the stage and within the Garden’s maintenance/service yard buildings, anchored and removed after each event, or will be elevated above regulatory flood levels. The proposed finished elevation of the new stage deck (the lowest floor level of the structure) is 4999.50 feet, above the required flood protection elevation of 4999.42 feet. The stage structure is elevated above the RFPE through earthwork and terracing with stone walls. Portions of the walls of the stage structure below the Regulatory Flood Protection Elevation (RFPE) of 4999.42 feet are required to be permanently anchored and constructed of Class 4 and 5 flood resistant materials as defined in FEMA Technical Bulletin 2: Flood Damage-Resistant Materials Requirements and as required per Section 10-39 (5) of the Municipal Code. The stage structure meets these requirements by using a concrete pad on an elevated earthen berm, without any voids or enclosed spaces within the stage area, and by using permanently anchored stone walls surrounding the stage structure to achieve grade transition to the surrounding lawn seating area. C. Section 3.4.1 Natural Habitats and Features The project is located within 500 feet of a number of special features that require protection, including the Spring Creek and associated wetlands, the re-routed Sherwood Lateral ditch and associated wetlands, and a series of small wetlands on the eastern edge of the site. Based on the updated Ecological Characterization 20 Packet Pg. 368 Agenda Item 20 Item # 20 Page 5 Study for the site and the requirements of Section 3.4.1(E), the following Natural Habitat Buffer Zones apply to this project, which have been delineated on the site and landscape plans: Spring Creek Corridor and wetlands (100 feet) Sherwood Lateral Ditch and wetlands (50 feet) Two groups of wetlands on east side of property (50 feet for each wetland area) Section 3.4.1(E) limits the type of development activity that may occur within these buffer zones. As proposed, this project conflicts neither with the intended purpose nor the specific requirements for these buffer zones. While some disturbance will occur within the buffers (e.g., the addition of paths and walkways), these impacts will be adequately mitigated through the restoration of disturbed areas with additional plantings and habitat enhancements throughout the site. D. Municipal Code Chapter 20, Article II - Noise. Noise levels from the Gardens on Spring Creek Facility must be below the maximum decibel levels (dBA) at the following adjacent receiving land uses: Low Density Residential District (R-L): 7:00 a.m. to 8:00 p.m. 55 dBA 8:00 p.m. to 7:00 a.m. 50 dBA Employment District (E): 7:00 a.m. to 8:00 p.m. 70 dBA 8:00 p.m. to 7:00 a.m. 65 dBA An acoustical model was developed by the applicant’s consultant in conjunction with the design of the outdoor stage and great lawn seating area. In conjunction with the outdoor stage orientation, a series of sound walls are provided to absorb and diffuse sound from amplified music performances. The design recommends a series of four sound barrier walls, ranging in height between 14 and 19.5 feet above the stage level, with a new fifth sound wall located along the western boundary of the site. The proposal demonstrates that compliance with the maximum permissible noise levels at the receiving land uses can be achieved. CITY FINANCIAL IMPACTS City financial impacts were not reviewed with the project’s Major Amendment development review process. PUBLIC OUTREACH Prior to initial consideration by the Planning and Zoning Board, t hree neighborhood meetings were held for the proposed project on July 24, 2014; September 8, 2014; and February 8, 2016. The project was originally presented to the Planning and Zoning Board at its December 15, 2015 hearing. At the hearing, the Board continued this item, and directed staff to continue neighborhood outreach efforts. On February 8, 2016, the City hosted an additional neighborhood meeting to discuss ways to address concerns from neighbors in relation to the Garden’s development proposal, specifically the increase in capacity of the music venue from 350 to 1500 people. After the meeting, changes were made to the Operational Standards to further clarify the scope of the facility’s use and the management practices for all events. A detailed meeting summary letter was also mailed to all residents within the notification area summarizing the changes. 20 Packet Pg. 369 Agenda Item 20 Item # 20 Page 6 An additional sound wall was added along the Gardens’ western property boundary to further mitigate noise impacts from music concerts as well as events which are already programmed. A noise monitoring system for music concerts was also added, which includes a direct override control at the mixing console. The starting point of the conversation for the February 8, 2016 neighborhood meeting was the following list of concerns generated from previous neighborhood meetings: Noise/Sound Parking Trespass/Loitering/Camping Non-ticketed/Private Events Port-a-Lets Alcohol Enforcement Floodplain/Environmental Assessment Other/Grove/Lilac Park Comments captured at the February 8, 2016 meeting: More clarity on tangible mitigation for each subject item. Preference for a distributed sound system. Concern with loitering/event crashing along Spring Creek Trail and Lilac Park area. Sound transition and stage orientation unreasonably impacts areas to the SW, in particular 603 Gilgalad Way. Overall effects of impacts -- in particular, sound levels, number of concert events per year, and the ticketed scope of the venue, seems out of place at this location. i.e., Too much program for the location. Parking/enforcement for un-ticketed events. Renters (like the symphony) can’t use the venue - counts against 8. First, I love it. Yay! -Second… In case it hasn’t been addressed… is the local mobile network robust enough for the increased usage during events? 1500 capacity, negotiable? Do 500 Capacity at Gardens + 1500 where there are TOILETS like the new SE area Park & not next to homes. No alcohol, only family concerts to promote the love of nature + get families outdoors. Do non-ticketed events get to have amplified music? Noise citation- criminal (mandatory court appearance). How will you stop the additional 1500 spectators from gathering outside the fence line for ticketed concerts Automated sound control: have the sound level meter directly connected to the sound board. That way any exceedance would be automatically addressed, w/o needing human intervention. Through a polling exercise conducted at the meeting , noise, parking, enforcement, and trespassing issues were the top concerns of those attending. Based on comments and questions staff received at the meeting, mitigation techniques are incorporated into the Garden’s operations in two ways: Addressed with the Site Plan Notes as General Standards which are included with the proposed amended Master Plan. Attachment 3 provides a full list of these noted standards that are included with the proposed plan. Addressed by Gardens Staff as operating agreements to be finalized with neighbor input through the formation of a Neighborhood Committee. Attachment 2 provides a summary of neighborhood concerns 20 Packet Pg. 370 Agenda Item 20 Item # 20 Page 7 and a matrix comparison of the noted standards that are included with the proposed plan (Attachment 3) and the additional standards that are not included with these plan notes, which are addressed separately by Gardens staff. ATTACHMENTS 1. Vicinity Map (PDF) 2. Summary of Standards to Address Neighborhood Concerns (PDF) 3. Site Plan Notes (Operational Standards and other notes) (PDF) 4. Site Plan Color Rendering (PDF) 5. West Wall Photo Simulation (PDF) 6. Floodplain Exhibit (PDF) 7. Floodplain effective / ineffective flow exhibit (PDF) 8. Planning and Zoning Board minutes, April 7, 2016 (PDF) 9. Powerpoint presentation (PDF) 20 Packet Pg. 371 Colorado State University Colorado State University Spring Creek Country Day School Har Shalom Preschool And Kindergarten Bennett Elementary Trinity Lutheran Church Preschool Creekside Park Rolland Moore Community Park Lilac Park Spring Park Spring Creek Rolland Moore Pond ¬«287Bay RdSouth Dr W Pitkin St East DrSheely Dr Frontage RdShire Ct Mathews StHar var d StBirky Pl S Whitcomb StMeridian AveH ill Pond Rd Yale AveJuniper Ln Rolla n d M o o r e D r Hobbit St Parker St E Lake St Balsam Ln Wallenberg Dr Gilgala d Way Worthington AveA St Edwards St Ellis DrRutgers Ave Bay Dr Worthing t o n Cir Vassar AveJohnson Dr Loyola AveJames Ct Prospect LnDartmouth Trl Arthur DrBotanical Ln Summer St Wind Trl W Stuart St Buckeye St Mathews StW Pitkin St James Ct W Lake St Centre Ave Resear ch Bl vdCenter AveE Pitkin St E Stuart St S Shields StS College AveW Drake Rd W Prospect Rd Remington StE Drake Rd /Gardens on Spring Creek Major Amendment 1 inch = 900 feet900 0 900450 Feet Site ATTACHMENT 1 20.1 Packet Pg. 372 Attachment: Vicinity Map (4464 : Gardens on Spring Creek) 1 of 6 Gardens on Spring Creek Major Amendment Planning and Zoning Board Continued Hearing April 7, 2016 Summary of Neighborhood Concerns and Plan Changes: Neighborhood Concern Addressed in Proposed Plans and Notes See plan notes (Attachment 6, Sheet LS003) Addressed by Gardens Staff General Standards to address Event Sound and Scope What’s Changed on the plan:  Garden’s property line to the west now included in enforcement of sound levels.  A new sound wall added along the western boundary of the site. Addressed in plans and notes: • All events must meet City code: 55 dB(A): 7 a.m. to 8 p.m. 50 dB(A): 8 p.m. to 7 a.m. • No more than 8 Music Concerts per year. • Attendance cap of 1,500 persons at music concerts. • All Music Concerts shall be ticketed. • Maximum attendance to be managed and regulated through ticket sales. • Festivals/multi-day concerts prohibited. Addressed by Gardens Staff: • All Music Concerts to occur between May and September. • Music Concerts will be coordinated and not overlap with major CSU events. Time Limitations to Address Noise and Sound Addressed in plans and notes: • Music for all events to end by 8 p.m. • Music Concerts: visitors to leave by 9 pm. • General Events: end by 9 pm. and visitors to leave by 10 pm. • Private Events: end by 8 pm. and visitors to leave by 9 pm. Addressed by Gardens Staff: • Garden gates will open one hour (or time most suitable as determined by Gardens and neighbors) prior to show times to allow ticket holders onto property. ATTACHMENT 2 20.2 Packet Pg. 373 Attachment: Summary of Standards to Address Neighborhood Concerns (4464 : Gardens on Spring Creek) 2 of 6 Scope of Events – Definitions and limitations to address:  Problems with the terms “ticketed events” and “non- ticketed events”; terms could be misinterpreted in the future allowing additional concerts.  Clarify that “non- ticketed events” shall not include large, free concerts. Addressed in plans and notes: • “Music Concert” is defined and replaces “ticketed events”: • “There shall be a maximum of (8) music concert events per year with an attendance cap of 1,500 persons. The maximum attendance shall be managed and regulated through ticket sales. All music concert events shall be ticketed.” • A “General Event” replaces “non- ticketed event” and is defined as: Any event which uses all or a portion of the gardens, other than day-to-day attendance for the purpose of viewing the gardens, in which attendance is anticipated to be more than 100 persons for the event.” • General Events Include: Garden of Lights Tour, school field trips, education programs and tours, sculpture in the garden, spring plant sale, yoga in the gardens, garden a ‘fare, nature’s harvest fest, Halloween enchanted garden. • Additional General Events may be considered by Garden’s staff. • No attendance cap for General Events. Such events may provide amplified music in compliance with the municipal code. Private Events:  Clarify scope and limitations. Addressed in plans and notes: • “Private events include all private rentals such as weddings, birthdays, etc.” • Private events may not have DJ’s and any proposed music must be approved by Gardens staff. Addressed by Gardens Staff: • Private events will also be addressed in the Garden’s operating agreement (Neighborhood Plan). • Private events are limited to 350 attendees. • No private concerts allowed. ATTACHMENT 2 20.2 Packet Pg. 374 Attachment: Summary of Standards to Address Neighborhood Concerns (4464 : Gardens on Spring Creek) 3 of 6 Sound Monitoring Addressed in plans and notes: • Music Concerts: Active sound level monitoring enforcement during performance. • Direct override control at the mixing console (See Attachment 5). • Perimeter monitoring stations included. • All other events: Active monitoring by Gardens staff. Addressed by Gardens Staff: • Private events may not have DJ’s and any proposed music must be approved by Gardens staff. • Music Concerts: Active sound level monitoring enforcement during the performance event. Security and Safety Addressed in plans and notes: • Music Concerts: Security staff at entrance points and perimeter of premises. Staff to be Gardens staff or private company contracted by Gardens. • Egress lighting provided; turned off no later than 10 pm. • Crossing Assistants provided to help pedestrians at Centre Avenue. Addressed by Gardens Staff: • Gardens staff will manage event policies and refine operations as needed. Alcohol Sales and Monitoring Addressed in plans and notes: • Any alcoholic beverages sold during events shall be served by trained and licensed servers. • Servers shall follow all City regulations, consistent with other City facilities and events. Addressed by Gardens Staff: • Alcohol sales could be limited by drink number or by limiting times of sales (i.e. alcohol only available from 5:30-7:30.) Details are not finalized. • Any limitations on alcohol made available will be determined by Gardens with neighbor committee input. • No permanent alcohol signage or advertising will be allowed. ATTACHMENT 2 20.2 Packet Pg. 375 Attachment: Summary of Standards to Address Neighborhood Concerns (4464 : Gardens on Spring Creek) 4 of 6 Port-a-Lets Addressed in plans and notes: • Port-a-Lets will be elevated above regulated flood level. • Port-a-Lets will be ground anchored. Addressed by Gardens Staff: • Port-a-Lets will be onsite for as minimal time as necessary for vendor schedule. • The Gardens will rely on GSI Sanitation recommendations for number of needed Port-a-lets (currently estimated at 5 for a 3- hour event) given the existing restrooms on-site. • The proposed plan provides space for additional Port-a-Lets if needed. • Bike path will not be used or impacted during pick-up or delivery. Parking Concerns Addressed in plans and notes: • “No public on-street parking” shall be strictly enforced for all music concerts on Centre Avenue and on streets in the Windtrail and Sheely neighborhoods. • Anticipated minimum off-street parking quantities are shown on the land use table on Sheet LS100. • These parking quantities are anticipated minimums, and shall be adjusted to meet the parking demands of events if needed. • Proposed parking locations are shown on Sheet LS002. • Agreements for off-site parking locations shall be adjusted, if needed, to meet parking demands for events. Addressed by Gardens Staff: • Parking instructions and options will be provided and included with ticket purchase for all music concert events. • Neighborhood parking enforcement will be addressed through a windshield pass system, active barricade, or other agreeable method. ATTACHMENT 2 20.2 Packet Pg. 376 Attachment: Summary of Standards to Address Neighborhood Concerns (4464 : Gardens on Spring Creek) 5 of 6 Trespass/Loitering/ Camping Addressed by Gardens Staff: • Garden gates will open one hour (or time most suitable as determined by Gardens and neighbors) prior to show times to allow ticket holders onto property. • The Gardens will work with the Parks Department, Rangers, Neighborhood Services, and Police Services to address any unlawful and disruptive behaviors either on Gardens property or on adjacent public property. • If necessary, Gardens will work with Parks Department on a special event permit to temporarily close the portion of Lilac Park adjacent to The Gardens during Music Concert events. Flooding Concerns  More explanation of proposed plan and floodplain requirements provided to neighbors.  Similar park examples provided.  More clarification and notes added to the plans. Addressed in plans and notes: • All structures and sound walls (including anchoring design) must be designed by a licensed structural engineer and shall meet all City floodplain and building permit requirements. • Stage design as a concrete pad, elevated above flood level with earthwork, terraced by stone walls. • Floodplain modeling exhibit provided (Attachment 8) showing areas above the flood levels in green. • Outdoor storage of materials that might float away is prohibited. • Final City review and Floodplain Use Permit required prior to construction. Detailed summary of floodplain requirements on page 9 and 10 of the staff report. Addressed by Gardens Staff: • Gardens staff is aware of floodplain restrictions and will continue to actively manage property based on the Floodplain Use Permit. ATTACHMENT 2 20.2 Packet Pg. 377 Attachment: Summary of Standards to Address Neighborhood Concerns (4464 : Gardens on Spring Creek) 6 of 6 • All proposed earthwork is balanced so that any proposed raise in grade (fill) is offset by lowering the grade (cut) in other areas of the site. General Enforcement Concerns Addressed in plans and notes: • As noted in the plan requirements, changes to the plans or scope of operations may require an amendment to plans to be approved. Addressed by Gardens Staff: • The Gardens is committed to being a good neighbor and to working directly with appropriate enforcement staff to ensure illegal and disruptive behaviors are addressed in a timely manner. • The Gardens supports the creation of a Neighborhood Committee and an Event Hotline. (Details have not been finalized.) ATTACHMENT 2 20.2 Packet Pg. 378 Attachment: Summary of Standards to Address Neighborhood Concerns (4464 : Gardens on Spring Creek) 1 Notes included with the Gardens on Spring Creek Amended Plan (See sheet LS003 of the Site Plan) DRAFT 3-23-2016 THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS. GENERAL EVENT STANDARDS: 1. ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE STANDARDS OF CHAPTER 20, ARTICLE II: SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT. 2. THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT EVENTS SHALL BE TICKETED. 3. THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC FESTIVALS. 4. A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE: GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE, YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST, HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS. SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE MUNICIPAL CODE. 5. PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF. ATTACHMENT 3 20.3 Packet Pg. 379 Attachment: Site Plan Notes (Operational Standards and other notes) (4464 : Gardens on Spring Creek) 2 ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW. TIME LIMITATION STANDARDS: 1. ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT SHALL CONCLUDE NO LATER THAN 8PM. 2. EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT 8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME. 3. ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 4. ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 5. ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE BY 9 P.M. SOUND MONITORING STANDARDS: 1. DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION. 2. FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. 3. MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. SECURITY AND SAFETY REQUIREMENTS: 1. DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK. 2. EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL BE TURNED OFF NO LATER THAN 10 P.M. ATTACHMENT 3 20.3 Packet Pg. 380 Attachment: Site Plan Notes (Operational Standards and other notes) (4464 : Gardens on Spring Creek) 3 3. CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS CONSTRUCTED AT THIS LOCATION IN THE FUTURE. ADDITIONAL GENERAL STANDARDS: 1. ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS. MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN. 2. “NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3. OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100 REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET PARKING DEMANDS FOR ALL GARDENS EVENTS. 4. THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND CONDUCT ALL OPERATIONS IN ACCORDANCE W ITH THE FINAL PLANS. ANY MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE REVIEWED AND APPROVED. 5. THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES. NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT SHALL AT A MINIMUM ADDRESS THE FOLLOWING: a) CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD COMMITTEE. ATTACHMENT 3 20.3 Packet Pg. 381 Attachment: Site Plan Notes (Operational Standards and other notes) (4464 : Gardens on Spring Creek) 4 b) PARKING MANAGEMENT AND ENFORCEMENT. c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT. d) MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT AMPLIFICATION AND VOCAL PERFORMANCES. e) ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR INCLUDING: LOITERING, DAY-CAMPING AND LITTERING. f) MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS. g) THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR. h) COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS. REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL: 1. USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY SUCH TRANSFER. 2. LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE PLANS. FLOODPLAIN NOTES: 1. PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100- YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK. 2. ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS MUNICIPAL CODE. 3. NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL ATTACHMENT 3 20.3 Packet Pg. 382 Attachment: Site Plan Notes (Operational Standards and other notes) (4464 : Gardens on Spring Creek) 5 DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR FURTHER DETAILS AND RESTRICTIONS. 4. ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS. NATURAL AREA BUFFER REQUIREMENTS: 1. STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT. 2. ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONES. 3. CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS. 4. CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF THE DEVELOPMENT DURING CONSTRUCTION. STANDARD PLAN NOTES AND REQUIREMENTS: 1. REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS. 2. REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS, AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS, WALKS AND OTHER SURVEY INFORMATION. 3. ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS. 4. ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND UNNECESSARY DIFFUSION. 5. FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE EXTINGUISHING SYSTEM. ATTACHMENT 3 20.3 Packet Pg. 383 Attachment: Site Plan Notes (Operational Standards and other notes) (4464 : Gardens on Spring Creek) 6 6. ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED. 7. ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS. ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES. ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE. 8. ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. GENERAL LANDSCAPE NOTES: 1. MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES, WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT, LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND CONDITION. 2. THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN TREES/SHRUBS AND UTILITIES: 40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS 15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS 10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN LINES 6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE LINES. 4 FEET BETW EEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER LINES 4 FEET BETWEEN TREES AND GAS LINES 3. THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. ATTACHMENT 3 20.3 Packet Pg. 384 Attachment: Site Plan Notes (Operational Standards and other notes) (4464 : Gardens on Spring Creek) russell+millsstudiosGardens on Spring Creek0 15 30 60’SPRING CREEK TRAILGREAT LAWNUNDAUNTEDGARDENCOMMUNITYGARDENOverall Site PlanPARKINGC E N T R E A V ESPRING CREEKSTORM WATERDETENTION/WETLANDSROCK GARDENCAFE GROVEBackdrop PlantingEvergreen Screening adjacent to sound mitigation wallProposed Fence, typ.Future Trail Connection to PERCExisting Tree, typ.Stage TentsStage 35’x40’TerracedShade SeatingMoon GardenSound Mitigation WallsSound Mitigation Wall along west property lineFragrance GardenRose GardenHummingbirdGardenChaparral PlantingCactus PlantingOutdoor ClassroomCottage PlantingPlant Select GardenHistoricGroveVehicleAccessFood TrucksGatehouseExisting FencePortableRestroomsBike Parking-150 BikesSingle TrackAdventure TrailRockOutcrops/HogbacksDryStreamPrairieMazeOverlookWeather stationGatheringAreaPotentialBoardwalkDeckFOOTHILLS GARDENPRAIRIE GARDENS H E R W O O D L A T E R A L$77$&+0(17ATTACHMENT 420.4 Packet Pg. 385 Attachment: Site Plan Color Rendering (4464 : Gardens on Spring Creek) russell+millsstudiosGardens on Spring CreekWest Soundwall PhotosimulationExisting view looking south on Spring Creek TrailExisting buffer planting between trail and adjacent neighborhoodSpring Creek TrailExisting Evergreen Trees$77$&+0(17ATTACHMENT 520.5 Packet Pg. 386 Attachment: West Wall Photo Simulation (4464 : Gardens on Spring Creek) russell+millsstudiosGardens on Spring CreekWest Soundwall PhotosimulationExisting buffer planting between trail and adjacent neighborhoodView looking south on Spring Creek TrailSpring Creek TrailStep back at end of wall Sound Mitigation Wall - 14’ heightEvergreen Screen Planting -(Height Shown at Time of Planting)Existing Evergreen TreesBeginning of step back for sound mitigation wall -10’ wall height$77$&+0(1720.5 Packet Pg. 387 Attachment: West Wall Photo Simulation (4464 : Gardens on Spring Creek) ATTACHMENT 620.6 Packet Pg. 388 Attachment: Floodplain Exhibit (4464 : Gardens on Spring Creek) russell+millsstudiosGardens on Spring CreekFloodplain Design Criteria• Primary Gardens site is storage/ not conveyance - CUT AND FILL MUST BE BALANCED IN GRADING PLAN• Volume calculations required for site elements, including temporary elements• New Floodplain Use Permit will become overriding permit document for The Gardens• No enclosed structures within floodplain• Portable restrooms to be cabled and on raised platform - removed after each eventFloodplain CriteriaATTACHMENT 720.7 Packet Pg. 389 Attachment: Floodplain effective / ineffective flow exhibit (4464 : Gardens on Spring Creek) Planning & Zoning Board April 7, 2016 DRAFT minutes Project: Centre for Advanced Technology 22nd Filing, Community Horticulture Center #MJA150006 Project Description: This is a Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center, which is the formal name and location of the Gardens on Spring Creek. The proposed plan reflects the major components outlined in the original master plan, which was approved in 2001. At that time, the master plan included a number of future components, which are now planned in detail with this amended plan. Specifically, the amended components that are shown with these proposed plans include:  expanded garden areas including – Plant Select Garden, Fragrance Garden,  Rose Garden, Moon Garden, Undaunted Garden, Prairie Garden, Bird Garden, and Foothills Garden;  a stage structure and sound walls for outdoor performances;  modified circulation through the gardens and to the existing Spring Creek Trail;  a parking area for approximately 150 bikes;  small arbor structures at various gardens and one larger structure in the Undaunted Garden; and  operational and management standards for events. Assistant City Attorney Yatabe recused himself due to a conflict of interest; Senior City Attorney Schmidt sat in for him for this project. Recommendation: Approval Staff and Applicant Presentations Planner Holland gave some updates and highlights of this project, including the reason for the major amendment being proposed, the additional neighborhood outreach performed, and the concerns that were previously addressed. He reviewed the various outreach efforts and mediation procedures performed, polling that was done, comments received, and the sound mitigation plan. He showed some slides to indicate the changes to the sound model that were made since the last presentation and how the mitigation has been redesigned. He reviewed the more gradual sound transition, the colors proposed, the landscaping proposed to fill gaps, and details regarding the floodplain regulations and risks. He explained the restrictions tied to the Gardens proposal, the changes that have been made, and the possibility of another amendment process. Top neighborhood concerns:  Sound  Parking  Trespassing/Loitering  Sound and scope  Time limitations to address noise and sound  General enforcement concerns Michelle Provasnik, Director of the Gardens at Spring Creek, recapped the history of this proposed project and the changes that were made since the first presentation last December 20.8 Packet Pg. 390 Attachment: Planning and Zoning Board minutes, April 7, 2016 (4464 : Gardens on Spring Creek) Planning & Zoning Board April 7, 2016 DRAFT minutes 2015. The size of the proposed bandstand has increased to 1,400; capacity has increased to 1,500; and the number of concerts would be limited to 8 per year. Her goal has been to establish a maximum capacity to meet the community’s demand while maintaining the character of the community. She showed diagrams of the Great Lawn and how the maximum numbers would look. She also discussed the neighborhood outreach recently performed and how input has been considered and developed into additional solutions. She discussed forming a Neighborhood Advisory Committee and a Neighborhood Plan for dates, parking, etc. She is also proposing a neighbor hotline for real-time issues. Her team has explored several different sound systems; some were cost-prohibitive (for ongoing maintenance and calibration). An additional sound wall would be built to buffer crowd noise and reduce noise level at the property lines (it will have conifers covering it during the summer and will be a neutral color for winter). She confirmed that this project will meet the sound ordinance (< 55 sound decibels). All concerts will end by 8pm, and guests will be exit the property by 9pm. In addition, all events will be ticketed to control capacity. They do not plan to rent the facility for other concert events. They will ensure there is no parking in neighborhoods during events by providing information on available parking, working with partners to finalize parking strategy, and work with the Advisory Committee on this. Regarding the possibility of loitering, she said that their gates would open early before the show, and there would be security along the trail. In addition, Lilac Park will be addressed by the City’s Park Planning Department, including upcoming neighborhood outreach for planning purposes. Secretary Cosmas reported that 4 emails in support of this major amendment had been received, and 1 email opposing the increase of allowed numbers for events on the Great Lawn. Public Input Mary Kopco, 2126 Friar Tuck Court, is the Executive Director of the Fort Collins Symphony, and she supports this project and praised it for being well thought-out and planned. Larry Kendall, 4007 Harbor Walk Lane, supports this project, and believes the prior concerns have been addressed. He stated that this is another example of how the City is keeping Fort Collins great. Jesse Eastman, 2625 Meadowlark Avenue, is on the Board of Directors of Gardens on Spring Creek and is in favor of this project. He further stated that this plan fits well with the City’s Master Plan, as it is centrally located in mid-town, is the only facility located in this area, and will provide enhancement through arts and botany. Barbara Albert, 603 Gilgalad Way, has concerns that issues are address by City Staff and may not be properly communicated – she feels that all of the concessions should be made part of the plans and notes. She is also concerned about the placement of the wall (that it should be on the Great Lawn rather than not next to the neighborhood properties. Dulcie Willis, 219 N. Overland Trail, supports the project, believes this project represents a good compromise between the various parties involved and that this plan is a good representation of City goals by building community through arts and culture. Bruce Freestone, 701 Pear Street, one of the cofounders of Open Stage Theatre Company, supports this proposal and feels that the community engagement fostered by these outdoor 20.8 Packet Pg. 391 Attachment: Planning and Zoning Board minutes, April 7, 2016 (4464 : Gardens on Spring Creek) Planning & Zoning Board April 7, 2016 DRAFT minutes events has been key. Connie Hanrahan, 8334 Coeur D’Alene Drive, supports this project for its educational possibilities and for the botanical benefits. She cited the success of the Lagoon concerts at CSU and stated that there have not been any issues with these events. Stacey Poncelow, 620 Gilgalad Way, opposed this project, and she said that many neighbors did not receive notification of the proposed wall. She is concerned with potential flood issues concerning the proposed wall and also any amplified performances other than concerts. Justin Larson, 424 Stover Street, supports this project and thinks this is an intuitive project; he feels the efforts to control the sound have been excellent. Allison Marshall, 626 Gilgalad Way, opposes this project and would like to see all of the concessions in writing. She has concerns about the future of Lilac Park and the floodplain issues; she would like to see a plan for Lilac Park with consideration to the floodplain limitations. Steve Newman, 2312 Hampshire Court, supports this project, saying he feels this area provides an excellent teaching tool for his students, and these cultural events enhance the overall CSU experience. Kevin Barrier, 602 Gilgalad Way, opposes this project, saying he is concerned with the zoning proposed for the Lilac Park area. He feels that this project does not support the horticulture and education of the Gardens. He also cited past events when flood water created huge issues in the neighborhood. Jeff Cullers, 2427 Maple Hill Drive, supports this project. He is on the Board for Friends of the Gardens and he feels that this is very special lifestyle project for Fort Collins. Ed Peyronnin, 632 Gilgalad, supports the Gardens and music but does not support this project. He believes that the original attendance numbers proposed were adequate, but he is now concerned with the currently proposed numbers. He also has a concern with the lack of toilet facilities. The Board recessed at 8:00pm – they reconvened at 8:10pm. Board Questions and Staff Response Ms. Provasnik addressed several citizen concerns:  she stated that she is willing to put all items formally on the Plan (she was hoping to keep some flexibility by not detailing all items); and  she stated that the intent in putting up the wall was not meant to be punitive - a sound wall was found to improve the sound control. Planner Holland also addressed some of the concerns by saying:  the purpose of the proposed site plan notes was to have the vast majority of notes and conditions memorialized so that any changes to the Plan would require formal amendments as needed; and 20.8 Packet Pg. 392 Attachment: Planning and Zoning Board minutes, April 7, 2016 (4464 : Gardens on Spring Creek) Planning & Zoning Board April 7, 2016 DRAFT minutes  the Plan would provide a framework for mitigation items (they are listed as general standards, like time limitations of events). Member Schneider asked if these items could be consolidated to reduce complexity and to avoid micro-managing the plan. Planner Holland confirmed that the document in question is in fact attached to the Plan. Member Carpenter suggested that changes are noted by Garden Staff and the Advisory Committee, so the neighborhood will be confident that changes will not be arbitrarily made without notice. Planner Holland agreed to this plan. He continued by explaining the adequacy of the distance from the event area to the sound and flood lines. He also confirmed that the mailings were sent to the proper neighborhood residents, that there was no returned mail, and how the City Staff have tried to be thorough with these mailings. He discussed the plans for Lilac Park, which will not be finalized until the other surrounding projects are confirmed. Heidi Hanson, Flood Plain Management, responded to the flood concerns by saying how the flood flow areas have been mitigated since the last big flood, which now meets the City of Fort Collins flood regulations. Regarding the 500-year flood discussions, there isn’t enough information to indicate potential impacts at this time. The proposed wall is not in the flood plain and would not have any effect on flood patterns. Groundwater is not part of the flood plain review, so that is not being considered at this time. Play structures within Lilac Park should be allowed in the future. Permanent toilets are available in the main building and adjacent to the main entrance, which they have found to be sufficient during past events. Planner Holland discussed the landscaping measures to provide buffering for sound in conjunction with the proposed wall. Craig Russell, architect for Russell+Mills, also addressed this question by saying that an unlimited number of trees could be established, but the walls will also be treated with a sound-absorption material to enhance the reduction of sound. The height of the wall depends on the proximity to the stage (closer to the stage, the higher the wall). Ben Bridgewater, Sound Engineer, stated that the goal was to minimize the impact of the wall (the shorter the better). Member Hansen inquired about the acoustics analysis, and Mr. Bridgewater explained this is based on code interpretation. Member Hobbs questioned the proposal of building a wall relative to the sound monitoring devices. Planner Holland responded that the wall is needed to be in compliance with the LUC at the Gardens property line. More discussion followed on the acceptable sound levels, how to maintain them at the proper levels, why the project has changed since the original presentation to now require a sound wall, and the differences between an HOA entity and a private resident. Other types of walls were discussed, but none appear to be feasible. Other locations were also explored, but any movement will impact both visual and auditory performance. Board Deliberation Member Hart stated that he was under the impression that more outreach was needed after the first hearing; he is concerned that there were subsequent changes made to the overall plan. Member Carpenter said that her only issue now is the newly-proposed wall; she feels that it will be important to properly screen the wall. She also wants to ensure that changes are supported by the community. Member Hansen feels that the wall will cause a disconnect within the community, and he would like the proposed wall to be eliminated from the plan. 20.8 Packet Pg. 393 Attachment: Planning and Zoning Board minutes, April 7, 2016 (4464 : Gardens on Spring Creek) Planning & Zoning Board April 7, 2016 DRAFT minutes Senior Assistant Attorney Schmidt stated that the LUC indicates that, if noise source is located on public property, noise will be measured at the property line. Member Hobbs supports the current plan without the inclusion of the wall proposal. Member Hansen added that he feels that the commitment to sound mitigation has been excellent. Member Schneider agreed but questions whether the wall will enable better performances; he acknowledged that the crowd noise may not be mitigated. Member Heinz agreed that the wall detracts from the neighborhood and prefers the monitoring at the origin of the noise. Member Hart agreed with the other Board members. There was more discussion of the noise impacts made only by crowds. Chair Kirkpatrick asked what the impact would be if the proposed wall was discontinued. Planner Holland responded that the project will not meet City code without the wall. Board members appear to be uncomfortable approving this project with this new addition to the project. Ms. Provasnik is not in favor of the wall; however, the design will blend well into the Gardens décor. Compliance with City codes was further discussed. Ms. Provasnik expressed her concern that, without the wall, the sound decibels would have to be significantly lowered, which could significantly impact the event experience. Planner Holland suggested that options could still be developed to ensure code compliance while minimizing neighborhood impacts. Ms. Provasnik is willing to continue working on solutions. Director Gloss added that nominal changes to the site plan could be made that would not alter the intent of the approval; changes should be gauged for materiality. Other solutions were also discussed. Member Carpenter made a motion that the Planning and Zoning Board approve the major amendment for the Centre for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA150006, based on the findings of fact on page 11 of the staff report, adding that the landscape screening of the wall be re-examined and that all of the items in the Summary of Neighborhood Concerns and Plan Changes be addressed by Garden staff and the Neighborhood Advisory Committee. Member Hart seconded the motion. More discussion continued around the LUC application with consideration to the sound wall and the sound mitigation. A friendly amendment was suggested to approve this project without the wall initially, with the caveat that the operation complies with the City code and, and, after a period of operation, they may want to re-evaluate the operation by adding the wall, which could pose a separate amendment. Planner Holland suggested an Administrative Interpretation that the wall isn’t needed at some future time. Member Schneider made a friendly amendment to approve this project as presented without the sound mitigation wall. Member Hobbs seconded. After more discussion, Member Hobbs withdrew his friendly amendment. The Board members expressed concerns with approving this project with the current alterations. The Board feels that a friendly amendment is appropriate to allow the applicants to make refinements to the final design, which could also be scrutinized later through an Administrative Interpretation within compliance with the LUC. Senior Assistant Attorney Schmidt counselled the Board against giving up their responsibility to evaluate the plan details. The Board decided the best solution would be to approve the project as it is presented with amendments, if necessary. Planning Director Gloss reviewed the Alternate Review process (there is no longer an appeal process on City-initiated projects); this new process would be initiated by a Council member, and the decision made on this project would then be up for discussion. At that time, there would be a legislative determination whether to move forward with the project in question. 20.8 Packet Pg. 394 Attachment: Planning and Zoning Board minutes, April 7, 2016 (4464 : Gardens on Spring Creek) Planning & Zoning Board April 7, 2016 DRAFT minutes Chair Kirkpatrick reviewed the motion still on the table, without the friendly amendment. Vote: 3:4 with Hobbs, Hanson, Heinz, and Schneider dissenting. The motion did not pass. There was more discussion regarding the impact of the newly-proposed sound wall. Member Schneider made a motion that the Planning and Zoning Board approve the Centre for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA150006, based on the findings of fact on page 11 of the staff report, to include the amendment on Attachment 3 along with the removal of the sound mitigation wall. The Board has also imposed two conditions for approval: 1.) that the general standards related to time limitations, sound monitoring, and security and safety requirements become part of the overall plan, and 2.) that the proposal to build a sound wall be withdrawn. Member Hansen seconded. More discussion continued regarding the compatibility and ultimate inclusion of the sound wall. In addition, they discussed the criteria for future discussions with this Board. Ms. Provasnik conceded that, if the project is approved without the sound wall, she will retain the option of returning to the Board at such time as she feels the wall is necessary for performance enhancement. Vote: 7:0. Other Business None noted. The meeting was adjourned at 10:20 pm. 20.8 Packet Pg. 395 Attachment: Planning and Zoning Board minutes, April 7, 2016 (4464 : Gardens on Spring Creek) 1 Staff Presentation Cameron Gloss, Planning Manager Gardens on Spring Creek May 17, 2016 ATTACHMENT 8 20.9 Packet Pg. 396 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 2 Gardens on Spring Creek Background •Originally approved in 2001, included: • Themed gardens, parking lot, main building, neighborhood park; •Amplified music performance venue for 350 people; •“Great lawn” and “Gazebo/Bandstand“ for music events 20.9 Packet Pg. 397 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 3 Gardens on Spring Creek Background Not Included in Plan: •Sound mitigation design; •Operational guidelines and restrictions not addressed. (notes on plan). 20.9 Packet Pg. 398 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 4 A.Noise/Sound -25% B.Parking -20% C.Tr espass/Loitering/Camping -12% D.Non-ticketed/Private Events -10% E.Enforcement -14% F.Port-a-Lets -5% G.Alcohol -4% H.Floodplain - 8% I.Other -2% Feedback from Feb. 8th Meeting TOP CONCERNS 20.9 Packet Pg. 399 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 5 Proposed West Sound Wa ll Sound Walls 17’,19’,19.5’ Height Ad ded Sound Wa ll 14’Height 12’Stage Wall 20.9 Packet Pg. 400 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 6 Proposed Sound Walls Gardens Boundary Windtrail H.O.A. Gilgalad Added Sound Wall 14’height Sound Walls Spring Creek Trail spur Stage/ Sound Wall115’ 30’ Spring Creek Trail 20.9 Packet Pg. 401 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 7 We st Sound Wall –Before View 20.9 Packet Pg. 402 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 8 We st Sound Wall –Proposed View 20.9 Packet Pg. 403 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 9 We st Wall –Close-up 20.9 Packet Pg. 404 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 10 Existing Conditions --Site Photos West of Gardens Sound wall Replaces existing 6’fence 20.9 Packet Pg. 405 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 11 Existing Conditions --Site Photos West of Gardens 20.9 Packet Pg. 406 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 12 Sound Wall Landscaping 20.9 Packet Pg. 407 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 13 Floodplain Concerns •Floodplain Modeling and Use Permit Required. •Sound walls elevated, structural design for anchoring/wind loads •Stage design --concrete pad, elevated above flood level with earthwork, terraced by stone walls. •Examples of open structures in the FEMA floodplain can be found in City Parks such as Edora, Spring Creek, Lee Martinez, and Rolland Moore. 20.9 Packet Pg. 408 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 14 Current Sound Model West Boundary +/-5 Dba below max. 20.9 Packet Pg. 409 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 15 Previous Model Current Model Sound Model –Western Transition > 55 dB Grey: 50 to 55 dB Windtrail Property 20.9 Packet Pg. 410 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) 16 Summary of changes Nine Mitigation Topics: Noise/Sound, Parking, Tr espass/Loitering/Camping, Non- ticketed/Private Events, Enforcement, Port-a-Lets, Alcohol, Floodplain, Lilac Park, Other/Grove. Ad dressed Through: 1)Review staff – addressed with plan notes as General Standards (attachment 3). 2)Plan changes – 5th sound wall, sound monitoring system. 3)Gardens staff –through neighborhood plan and Gardens policy. 20.9 Packet Pg. 411 Attachment: Powerpoint presentation (4464 : Gardens on Spring Creek) -1- ORDINANCE NO. 074, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS MODIFYING THE APRIL 7, 2016, PLANNING AND ZONING BOARD DECISION APPROVING THE MAJOR AMENDMENT TO THE CENTRE FOR ADVANCED TECHNOLOGY 22nd FILING, COMMUNITY HORTICULTURE CENTER #MJA 150006 PERTAINING TO THE GARDENS ON SPRING CREEK WITH CONDITIONS WHEREAS, the Centre for Advanced Technology 22nd Filing, Community Horticulture Center (the “Major Amendment), informally known as the “Gardens on Spring Creek” or “Gardens”; and WHEREAS, the City is the owner of certain property known as the “Gardens on Spring Creek” (or “Gardens”) and the Applicant for the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center (the “Major Amendment); and WHEREAS, the Major Amendment reflects a proposed plan to complete development by the City of a number of future components outlined in the original master plan for the Gardens approved in 2001, including new and expanded garden areas, the “great lawn” area that includ es a covered stage structure and improvements for outdoor performances (referred to herein as the “Performance Area”), modified circulation through the gardens and to the Spring Creek Trail, a bicycle parking area, garden and arbor structures in various gardens and operational and management standards for events in the Performance Area (collectively, the “Project”); and WHEREAS, in addition the stage and related improvements such as the sound system and mixing station, the Performance Area includes five sound mitigation walls - four in close proximity to the stage and a fifth sound mitigation wall fourteen feet high, stepping down to 10 feet on either end, with a length of approximately 240 feet in length along the west boundary of the Gardens (referred to herein as the “Western Sound Wall”) intended to mitigate the impact of sound from music and other performances on the neighborhood adjacent to the Gardens on the west; and WHEREAS, at its regular meeting on April 7, 2017, the City’s Planning and Zonin g Board (the “Board”) considered the Project proposed by the Major Amendment, held a duly noticed public hearing, and considered citizen comment and input on the Project; and WHEREAS, after discussion, the Board voted unanimously to approve the Centre for Advanced Technology 22nd Filing, Community Horticulture Center, #MJA 150006 on the condition that: (1) the general standards related to time limitations, sound monitoring, and security and safety requirements set forth in Attachment 3 to the Board packet be included in the Notes set forth in the Site Plan; and (2) that the Western Sound Wall be removed from the Project (the “Board’s Decision”); and WHEREAS, in July 2015, Council adopted Ordinance No. 082, 2015, which amended the Sections 2.17 and 2.2.12 of the Land Use Code to: (1) provide that all development projects for which the City is the applicant are subject to review by the Board; (2) eliminate appeals of Packet Pg. 412 -2- decisions under the Land Use Code pertaining to City development projects to City Council; and (3) permit the City Council to exercise its legislative power and in its sole discretion, to overturn or modify any decision regarding a City development project by adoption of an ordinance by majority vote (referred to as an “Alternate Review”); and WHEREAS, the Project is the first City development project to come forward since adoption of Ordinance No. 082, 2015; and WHEREAS, Councilmember Campana filed a written request for an Alternate Review of the Project within 14 days after the Board’s Decision as permitted under Section 2.2.12(b) of the Land Use Code; and WHEREAS, after a hearing to obtain public testimony, and receipt and consideration of any other public input (whether at or before the hearing), and evaluation of the Project considering factors in addition to or in substitution of the standards set forth in the Land Use Code, all in connection with the Alternate Review of the City Project, Council has determined to exercise its legislative power and in its sole discretion to modify the B oard’s Decision as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby modifies the Board Decision as follows: A. To clarify that the requirements set forth on Exhibit “A” attached hereto and incorporated herein by reference, are acceptable to the Council and shall constitute the conditions referred to in the Board Decision as the general standards related to time limitations, sound monitoring, and security and safety requirements. B. To reinstate the Western Sound Wall and approve its construction as a part of the Project. [C. Any other modifications desired by Council.] Section 3. That the Board Decision continues in effect unmodified except as expressly set forth herein. Packet Pg. 413 -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 414 1 EXHIBIT A Notes included with the Gardens on Spring Creek Amended Plan (See sheet LS003 of the Site Plan) DRAFT 3-23-2016 THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS. GENERAL EVENT STANDARDS: 1. ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE STANDARDS OF CHAPTER 20, ARTICLE II: SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT. 2. THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT EVENTS SHALL BE TICKETED. 3. THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC FESTIVALS. 4. A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE: GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE, YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST, HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS. SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE MUNICIPAL CODE. 1 Packet Pg. 415 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 2 5. PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF. ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW. TIME LIMITATION STANDARDS: 1. ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT SHALL CONCLUDE NO LATER THAN 8PM. 2. EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT 8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME. 3. ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 4. ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 5. ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE BY 9 P.M. SOUND MONITORING STANDARDS: 1. DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION. 2. FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. 3. MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 1 Packet Pg. 416 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 3 SECURITY AND SAFETY REQUIREMENTS: 1. DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK. 2. EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL BE TURNED OFF NO LATER THAN 10 P.M. 3. CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS CONSTRUCTED AT THIS LOCATION IN THE FUTURE. ADDITIONAL GENERAL STANDARDS: 1. ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS. MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN. 2. “NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3. OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100 REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET PARKING DEMANDS FOR ALL GARDENS EVENTS. 1 Packet Pg. 417 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 4 4. THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND CONDUCT ALL OPERATIONS IN ACCORDANCE WITH THE FINAL PLANS. ANY MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE REVIEWED AND APPROVED. 5. THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES. NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT SHALL AT A MINIMUM ADDRESS THE FOLLOWING: a) CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD COMMITTEE. b) PARKING MANAGEMENT AND ENFORCEMENT. c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT. d) MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT AMPLIFICATION AND VOCAL PERFORMANCES. e) ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR INCLUDING: LOITERING, DAY-CAMPING AND LITTERING. f) MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS. g) THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR. h) COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS. REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL: 1. USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE 1 Packet Pg. 418 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 5 RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY SUCH TRANSFER. 2. LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE PLANS. FLOODPLAIN NOTES: 1. PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100- YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK. 2. ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS MUNICIPAL CODE. 3. NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR FURTHER DETAILS AND RESTRICTIONS. 4. ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS. NATURAL AREA BUFFER REQUIREMENTS: 1. STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH 1 Packet Pg. 419 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 6 THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT. 2. ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONES. 3. CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS. 4. CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF THE DEVELOPMENT DURING CONSTRUCTION. STANDARD PLAN NOTES AND REQUIREMENTS: 1. REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS. 2. REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS, AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS, WALKS AND OTHER SURVEY INFORMATION. 3. ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS. 4. ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND UNNECESSARY DIFFUSION. 5. FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE EXTINGUISHING SYSTEM. 6. ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED. 1 Packet Pg. 420 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 7 7. ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS. ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES. ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE. 8. ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. GENERAL LANDSCAPE NOTES: 1. MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES, WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT, LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND CONDITION. 2. THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN TREES/SHRUBS AND UTILITIES: 40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS 15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS 10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN LINES 6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE LINES. 4 FEET BETWEEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER LINES 4 FEET BETWEEN TREES AND GAS LINES 1 Packet Pg. 421 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) 8 3. THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. 1 Packet Pg. 422 Attachment: Exhibit A (4463 : Gardens on Spring Creek ORD) Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Rita Knoll, Chief Deputy City Clerk Wanda Winkelmann, City Clerk Marcus Bodig, GIS Manager Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Prior Consideration Four possible map options were presented to Council on First Reading at the May 3 Council meeting. Council selected Option 1, and it is included as Exhibit A to Ordinance No. 055, 2016. Precinct Boundary Changes by Larimer County State statute requires the County to set precinct boundaries so that no more than 2,000 eligible electors reside in a precinct. Population increases in some areas made it necessary for precincts to be divided to comply with the law. Within Fort Collins, Larimer County divided six precincts, none of which affected district boundaries. In order to access voter registration information, the City needs to adjust precinct boundaries to match the new County precinct boundaries. Council District Boundaries Because a review of the district-precinct map for precinct boundary changes was underway, staff used the opportunity to review the district population deviation as well. Not less than once every five years after the post-census adjustments, the City Clerk is required to review the maximum deviation and, if necessary, recommend boundary changes necessary to ensure that the districts conform to the standard. 21 Packet Pg. 423 Agenda Item 21 Item # 21 Page 2 Based on the current data, the deviation between the most populous district and the least populous district exceeds 19%, nearly twice the threshold set out in City Code Section 7-87(b): (b) Not more than eighteen (18) months after the official decennial publication of the United States Census concerning the population of the City of Fort Collins, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that, to the extent reas onably possible, there is no more than a ten-percent deviation between the most populous and the least populous district. Article II, Section 1(c) of the City Charter provides that “the city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants.” Thus, contiguity, reasonable compactness, and equality of total population are the key factors identified in the Charter for restricting decisions. In addition, it is appropriate and consistent with constitutional principles to seek to minimize the number of precincts that shift to a different district and avoid shifts that result in a missed elec tion cycle, to the extent reasonably possible. These are the considerations that have been the main drivers of staff’s work to identify and prioritize options for redistricting. Methodology Used to Create Map Options A full explanation of the methodology can be found in Attachment 2, “Population Based Redistricting Methodology.” Highlights of the methodology include: 1. Population data is obtained from the State demographer 2010 Census, City’s permitting system, and CSU; 2. Based on this information, the total 2015 population of Fort Collins was 154,573; 3. The ideal population of each district is 25,762 residents (154,573 divided by 6); 4. As the table below illustrates, Districts 1 and 3 are over the ideal population by approximately 2,200 residents; 5. Districts 2, 4, 5, and 6 need to “gain” anywhere from 195 to 2,700 residents. District Population % of Ideal % Change from Ideal Over/Under Ideal Pop'n 1 27976 108.59 8.59 -2,213.83 2 25567 99.24 -0.76 195.17 3 28010 108.73 8.73 -2,247.83 4 23057 89.50 -10.50 2,705.17 5 24933 96.78 -3.22 829.17 6 25030 97.16 -2.84 732.17 Total Population 154573 Ideal = Total population divided by number of districts = 25,762 Max deviation = sum of Absolute Value of both the highest (8.73) & lowest (10.50) population districts = 19.23 21 Packet Pg. 424 Agenda Item 21 Item # 21 Page 3 Criteria for Developing Map Options  Equal population in each district (as reasonably possible); represented by lowest deviation  Contiguity of district  Compactness of district  Fewest number of precincts moved  Avoid breaking major collectors/arterials  Consider future growth of the city  Representation of citizens by the elected Councilmember’s address considered The following summarizes the deviation and number of precincts being moved in the four options presented on May 3: Option Number % Deviation # Precincts Moved 1 5.96 7 2 7.54 8 3 6.05 8 4 6.02 4 ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. GIS Redistricting Method (DOC) 3. Powerpoint presentation (PDF) 4. Ordinance No. 055, 2016 (PDF) 21 Packet Pg. 425 Agenda Item 14 Item # 14 Page 1 ATTACHMENT 1 AGEND A ITEM SUMM ARY May 3, 2016 City Council ST AFF Rita Knoll, Chief Deput y City Clerk W anda W inkelm ann, City Clerk SUBJECT Items Relating to Am ending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMM ARY A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland. B. First Reading of Ordinance No. 055, 2016, Am ending the Cit y of Fort Collins District-Precinct Map. The purpose of this item is to am end the City of Fort Collins District-Precinct Map to (1) align the Cit y precinc t boundaries with the County precinct boundaries, which were am ended in Ma y 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the m ost populous district and the least populous district. T he district boundaries were last adjusted in August 2012. A protest of the proposed options for am ending the District-Precinct m ap was filed by Eric Sutherland on April 18, 2016. ST AFF RECOMMENDATION Staff recomm ends adoption of the Ordinance on First Reading with a m ap option selected b y the Council. B ACKGROUND / DISCUSSION Prior Consideration Council recently considered this item at its January 19, 2016 meeting and adopted the Ordinance on First Reading with m ap Option 1 selected. Prior to Second Reading, citizen concerns were raised about the com pleteness of the public notice. Additionally, staff becam e aware that the data obtained from the State Dem ographer did not include populations residing on Colorado State University (CSU) property, and staff withdrew the item on Second Reading. Staff has now republished the notice, obtained the CSU data, and is presenting a new Ordinance with four possible m ap options. Precinct Boundary Changes State statute requires the Count y to set precinct boundaries so that no m ore than 2,000 eligible electors reside in a precinct. Population increases in som e areas m ade it necessar y for precincts to be divided to com ply with the law. W ithin Fort Collins , six precincts were divided, none of which affected District boundaries. The City needs to adjust precinct boundaries to m atch the new County precinct boundaries, which is necessar y to access voter registration information. 21.1 Packet Pg. 426 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4418 : SR 055 District-Precinct Map) Agenda Item 14 Item # 14 Page 2 ATTACHMENT 1 Council District Boundaries Because staff was undertaking a review of the district-precinct m ap for precinct boundar y changes, staff used the opportunity to review the population deviation as well. This review was originally scheduled to tak e place in 2016 for revision in early 2017. It was determined that based on the current data, the current deviation between the m ost populous district and the least populous district exceeds 19%, nearl y twice the threshold set out in the Cit y Code. Therefore, staff is recommending that an adjustm ent be m ade now rather than in 2017. The GIS Division has an established m ethodolog y for population-based redistricting (Attachment 1). This methodology was applied and four options were developed for adjusting the district boundaries, as outlined below. In addition to balancing the population between districts, staff also considered the following: (1) Alignm ent of district boundaries to precinct boundaries; and (2) The residence address of each Councilm em ber, so that no Councilm em ber is disenfranchised from his or her district. The options presented from consideration are described below: Option 1 (identical to the January 19 Option 1) • Achieves the smallest deviation: 5.96% (slightly higher than the original Option 1) • Moves 7 precincts into different districts. - As a result, 2 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 2 (identical to the January 19 Option 2) • Deviation: 7.54% (considerabl y higher than the original Option 2) • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 3 (new) • Deviation: 6.05% • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 4 (new) • Deviation: 6.02% • Moves 4 precincts into different districts. - As a result, 1 precinct that voted for a district representative in 2015 would choose a representative in its new district in 2017; the other 3 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. In each of these options, the abilit y to vote for Ma yor, and ballot issues, is not affected. 21.1 Packet Pg. 427 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4418 : SR 055 District-Precinct Map) Agenda Item 14 Item # 14 Page 3 ATTACHMENT 1 Also attached is a m ap visuall y depicting growth in the cit y, as well as a map depicting growth trends (Attachment 2). All four m aps are attached to the Ordinance as Exhibit A (Options 1 through 4). Once a m ap option is selected on First Reading, the selected m ap will becom e the only exhibit to the Ordinance for Second Reading. PUBLIC OUTREACH As required by Section 7-87 of the City Code, two notices of this hearing were published, one no less than 14 da ys and one no less than 10 days prior to Council consideration on first reading. Publication of those notic es occurred on April 3 and April 6, 2016. Map options were m ade available on the City's web page devoted to Council district boundaries. ATT ACHM ENTS 1. Redistricting Methodology (PDF) 2. Cit y Growth Trends (PDF) 3. Redistricting Notice (PDF) 4. Sutherland Protest, April 18, 2016 (PDF) 5. Powerpoint presentation (PDF) 21.1 Packet Pg. 428 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4418 : SR 055 District-Precinct Map) GIS 215 N Mason St PO Box 580 Fort Collins, CO 80522 970.416.2050 970.221.6329 – fax www.fcgov.com/gis Population Based Redistricting Methodology The population increase was determined by getting the latest population data from the State demographer’s office. The latest available is for 2014 when the population was 154,570. To determine the population increase the 2010 Census population is subtracted from the new population. 154,570 – 143,988 = 10,582. GIS extracts data from the City’s permitting system and all certificates of occupancy that were issued since the census thru 2014 are converted into a GI S point feature. This information also includes the number of units associated with the certificate of occupancy. Annexations that occurred during this timeframe are identified and any existing units are added to the GIS point feature. This information is then aggregated citywide to get an overall count of new units added to the city. 3,847 new units + 220 annexed units = 4,067 new units. CSU’s population increase needs to be determined and accounted for as part of the total population increase. These numbers come from CSU and the increase can be determined by subtracting the census year value from the 2014 value. 7,282 – 7,070 = 212 new students. GIS then takes the increased population less CSU’s increase, this is dealt with separately, and determines a per-unit-population. (10,582 – 212) divided by 4,067 new units = 2.5498 people per unit. A population is then determined for each GIS point feature, distributing the population increase geographically. For example, a 4 unit building would have a population of 10.1992 assigned to it. CSU data needs to be handled a little differently as specific population counts for each building exist. GIS points are added to the database with the specific population increase for each building. This accounts for the 212 people that were removed earlier. Location based analysis is performed using point-in-polygon to aggregate the population increase per precinct. This aggregated population count is then added to the existing census population for each precinct. This new population count is then aggregated to determine the new population count of each district. A final check is preformed to make sure the individual precinct populations add up to the population from the state demographer. GIS data is exported into an Excel spreadsheet that GIS developed. This spreadsheet takes all of the data and calculates the ideal population, the deviation of each district from the ideal, the population needed to bring each district to the ideal and the maximum deviation of all dis tricts. Below is the result of that calculation. 21.2 Packet Pg. 429 Attachment: GIS Redistricting Method (4418 : SR 055 District-Precinct Map) District Population Percentage of Ideal Percentage Change from Ideal Absolute Value Change Needed 1 28037 108.8308361 8.830836115 -2275 2 25572 99.26247962 -0.737520379 190 3 28050 108.881298 8.881298036 -2288 4 23060 89.51168388 -10.48831612 2702 5 24765 96.12995885 -3.870041146 997 6 25088 97.3837435 -2.616256502 674 Total Population 154572 Lowest -10.48831612 10.48831612 Highest 8.881298036 8.881298036 Ideal = Total divided by number of districts 25762 Maximum deviation = sum of Absolute Value of both the highest and lowest population districts 19.3696142 GIS then uses a map with the new populations of each precinct displayed and the location of all Council members (show as a star) on it to identify precincts that can be moved to help meet the ideal. An example of the map is below. 21.2 Packet Pg. 430 Attachment: GIS Redistricting Method (4418 : SR 055 District-Precinct Map) Several options are created moving contiguous precincts between districts to change the population of the district. Making sure not to move council member precincts or creating non-compact districts (horseshoes, long and narrow, etc.). Making a change to this map causes the district calculations to dynamically update, helping identify additional changes that are needed. When enough changes have been made to bring the districts within a 10% deviation, the option is saved. Several options are generated and the ones with the best deviation and the least amount of changes are brought forward as options. This time around there were options with deviations ranging from 5.96 up to 9.53. The four best deviation options were then brought forward. Background Three precincts were moved in the 2012 redistricting (Ordinance No. 073, 2012). Two from odd numbered districts to even, shortening the voting cycle by two years from 4/2015 to 4/2013. One moved from an even numbered district to odd, lengthening the voting cycle by two years from 4/2013 to 4/2015. Option 1.  7 total changes. 5.96% deviation  All three of these precincts move again and will revert back to their previous voting cycle.  Two precincts will have voted in 2011 and 2013. They will vote next in 2019.  One precinct will have voted in 2009 and 2015. They will vote next in 2017.  Three additional precincts will change from voting in 2017 to 2019.  One additional precinct will change from voting in 2019 to 2017. Option 2.  8 total changes. 7.54% deviation  Only one of these precincts moves again and will revert back to their previous voting cycle.  One precinct will have voted in 2011 and 2013. They will vote next in 2019.  Four additional precincts will change from voting in 2017 to 2019.  Three additional precincts will change from voting in 2019 to 2017. Option 3.  8 total changes. 6.05% deviation  None of these precincts move again.  Five additional precincts will change from voting in 2017 to 2019.  Three additional precincts will change from voting in 2019 to 2017. Option 4.  4 total changes. 6.02% deviation  Only one of these precincts moves again and will revert back to their previous voting cycle.  One precinct will have voted in 2011 and 2013. They will vote next in 2019.  Two additional precincts will change from voting in 2017 to 2019.  One additional precinct will change from voting in 2019 to 2017. 21.2 Packet Pg. 431 Attachment: GIS Redistricting Method (4418 : SR 055 District-Precinct Map) 1 District-Precinct Map Amendment 05-17-16 21.3 Packet Pg. 432 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Amending the District-Precinct Map Why is this item coming forward? •Precinct boundaries were amended by Larimer County in May 2015 to accommodate the increase in the # of registered voters. We need to amend our precincts to match. •While conducting a review of the precincts, staff determined that the current population deviation of Council districts exceeds 20% (which is inconsistent with Article II, Section 1(c) of our Charter at City Code Section 7-87. 2 21.3 Packet Pg. 433 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Article II, Section 1(c) of the City Charter provides that: “the city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants.” 3 City Charter 21.3 Packet Pg. 434 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Other Constitutional and Legal Considerations •City Code Section 7-87 and General Case Law establish a standard of 10% deviation (between largest and smallest districts). •Courts have acknowledged the potential need to cause skipped elections with staggered districts and uphold that change where needed to balance population or meet other appropriate redistricting objectives. 4 21.3 Packet Pg. 435 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Redistricting Process Determine Population Change State Demographers Population (154,570 for 2014) minus 2010 Census Population (143,988) = 10,582 Locate Certificate of Occupancies issued Extract location and number of units from the city’s permit database. Use GIS to geographically locate the units. Determine Total Number of New Units 3,847 (New) + 220 (Annexed) = 4,067 5 21.3 Packet Pg. 436 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Redistricting Process Determine CSU Population Change CSU Housing (7,282 for 2014) –CSU Housing Census Year (7,070) = 212 Determine Per-Unit-Population Population Increase less CSU change divided by Units (10,582 –212) / 4,067 = 2.5498 Add Data and Calculate in GIS Disperse population increase to Geocoded CO’s and annexed units. Add CSU increase to individual residence halls. 6 21.3 Packet Pg. 437 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Redistricting Process Preform Spatial Analysis to Determine Precinct Population Point-in-Polygon aggregation of new population added to existing 2010 census precinct population. Calculate New District Population and Deviation Add population from all precincts in each district. Calculate maximum deviation from ideal = 19.37 (Developed Excel Spreadsheet to do calculations) Determine Changes Needed Determine ideal population change per district. 7 21.3 Packet Pg. 438 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Redistricting Process Develop Options Use GIS to Identify precincts or combination of precincts that are adjacent and come close to the ideal population change. Te st Options As changes are made they dynamically recalculate the district population and maximum deviation. Final Options Several options are considered and ones with the lowest deviation and least number of changes are finalized and provided to Council. 8 21.3 Packet Pg. 439 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Criteria for Developing Options •Equal population •Contiguity of district •Fewest amount of residents/precincts moved •Breaking major collectors/arterials •Consider future growth of the city •Representation of citizens by the elected Councilmember ’s address considered 9 21.3 Packet Pg. 440 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) Future Considerations •Determine what additional information Council would like included in the criteria 10 21.3 Packet Pg. 441 Attachment: Powerpoint presentation (4418 : SR 055 District-Precinct Map) -1- ORDINANCE NO. 055, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP WHEREAS, Article II, Section 1 of the City Charter requires that the City be divided into six contiguous, reasonably compact City Council districts, each of which shall consist of contiguous, undivided general election precincts, and, to the extent reasonably possible, an equal number of inhabitants; and WHEREAS, pursuant to City Code Section 7-87(b), not less than 180 days after the official decennial publication of the United States Census concerning the population of Fort Collins, the City Clerk must recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent (10%) deviation between the most populous and the least populous City Council districts; and WHEREAS, City Code Section 7-87(c) requires a review of the district boundaries not less than once every five (5) years after making the decennial post-Census determination, to determine whether the maximum deviation between the most populous and the lest populous district meets the ten-percent deviation standard set forth in Section 7-87(b); and WHEREAS, staff recently completed a review of the composition of the existing districts of the City, and has determined that, as currently configured, the deviation between the most and least populous City Council districts exceeds twenty percent; and WHEREAS, pursuant to the above-referenced provisions of the City Code, the City Clerk has presented four alternative district boundary changes for the City Council's consideration from which the City Council has selected an alternative that it believes best serves the interests of the residents of the City and comports with the requirements of the City Charter and Code; and WHEREAS, Larimer County recently revised its precinct boundaries and it is advisable for the City to match those precinct boundaries for purposes of accessing and using voter registration records; and WHEREAS, the City Clerk caused the publication of notices of proposed district boundary amendments to be made in accordance with the requirements of City Code Section 7- 87; and WHEREAS, the new Council district-precinct map attached as Exhibit “A” depicts adjusted precinct boundaries and adjusted Council district boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 21.4 Packet Pg. 442 Attachment: Ordinance No. 055, 2016 (4418 : SR 055 District-Precinct Map) -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 the district-precinct map dated March 9, 2016, a copy of which is attached as Exhibit “A” [Option 1, 2, 3 or 4] and incorporated herein by this reference, is hereby adopted and shall be in effect for the following purposes: (1) determining eligibility for City Council offices for the April 4, 2017, regular municipal election; and (2) determining eligibility of any interim appointments to fill any City Council vacancies which may occur following the effective date of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 21.4 Packet Pg. 443 Attachment: Ordinance No. 055, 2016 (4418 : SR 055 District-Precinct Map) W HORSETOOTH RD W MULBERRY ST LAPORTE AVE N US HIG H W AY 28 7 STRAUSSCABINRDW LAUREL ST W DRAKE RD E PROSPECT RD W WILLOX LN STAFTHILLRDKECHTER RD W VINE DR COUNTRY CLUB RD E VINE DR RICHARDS LAKE RD REMINGTON STW MOUNTAIN AVE TURNBERRYRDE WILLOXLN E TRILBY RD W PROSPECT RD E DOUGLAS RD W ELIZABETH ST NLEMAYAVEE MULBERRY ST WCOUNTYROAD38EMOUNTAIN VISTA DR ELINCOLNAVE N TIMBERLINE RDE HORSETOOTH RD COUNTY ROAD 54G W HARMONY RD W DOUGLAS RD W VINE DR MAIN STW TRILBY RD E DRAKE RD ZIEGLER RDCARPENTE R RD E COUNTY ROAD 30 E COUNTY ROAD 52 S S U M MIT VIE W D R S COUNTY ROAD 5E COUNTY ROAD 30 INTERSTATE25N COUNTY ROAD 5NTAFTHILLRDE COUNTY ROAD 54 E HORSETOOTH RD S COUNTY ROAD 19GIDDINGS RDS COLLEGE AVES OVERLAND TRLSOVERLAND TRLSLEMAYAVESLEMAY AVEZIEGLERRDRIVERSIDEAVEN SHIELDS STNCOLLEGEAVETERRYLAKERDGREGORY RD Z I E GLERRDS COUNTY ROAD 5NOVERLANDTRLSMASONSTI NTERSTATE258 43 47 49 50 51 25 26 52 53 54 21 23 201917575518 13 58 15605914 63 48 3 27 2256 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 3046 28 64 9 61 1112 686766 769 7675 36 5 2 1 6 6 16 40 70 7271 4 74 78 78 78 29 77 City of Fort CollinsDistrict-Precinct Map Printed: May 10, 2016 0 0.5 1 1.5 2 Miles 1:64,000Scale © Effective: May 27, 2016 CITY OF FORT COLLINSGEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS 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 members of 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 FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from 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 data contained 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. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak EXHIBIT A 21.4 Packet Pg. 444 Attachment: Ordinance No. 055, 2016 (4418 : SR 055 District-Precinct Map)