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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/21/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers Ben Manvel, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Gerry Horak, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Krajicek, 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. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING February 21, 2012 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring February 19-25, 2012 as National Engineers Week. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. PROCLAMATION WHEREAS, Engineers Week was started in 1951 by the National Society of Professional Engineers to raise public awareness of engineers’ positive contributions to quality of life; and WHEREAS, Engineers Week is celebrated in February at the time of George Washington’s birthday, because he was an engineer as well as our nation’s first president; and WHEREAS, each year Engineers Week reaches thousands of schools, businesses, and community groups across the United States; and WHEREAS, the important efforts of engineers help drive our economy, protect our environment, and ensure public safety; and WHEREAS, the engineers of the State of Colorado will actively help to maintain and sustain the vital infrastructure of our civilized and natural environments; and WHEREAS, engineers help America remain at the forefront of technological development and contribute to countless breakthroughs that improve the quality of life for people throughout the world. NOW, THEREFORE, I Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim February 19-25, 2012 as NATIONAL ENGINEERS WEEK in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 21st day of February, A.D. 2012. __________________________________ Mayor ATTEST: _________________________________ City Clerk Page 2 3. AGENDA REVIEW: • City Manager Review of Agenda. • Consent Calendar Review. This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent Calendar and considered separately. N Council opportunity to pull Consent Calendar items. (will be considered under Item No. 23) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 26) 4. CITIZEN PARTICIPATION 5. CITIZEN PARTICIPATION FOLLOW-UP This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. CONSENT CALENDAR The Consent Calendar consists of Items 6 through 19. This 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. The Consent Calendar consists of: ! Ordinance on First Reading that are routine ! Ordinances on Second Reading that are routine ! Those of no perceived controversy ! Routine administrative actions. Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ! State your name and address for the record. ! Applause, outbursts or other demonstrations by the audience are not allowed ! Keep comments brief; if available, provide a written copy of statement to City Clerk Page 3 6. Items Relating to the Safe Routes to School Program. A. Second Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program. B. Resolution 2012-006 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for Infrastructure Funding of the Safe Routes to School Program. This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates a $50,176 federal grant received through the Colorado Department of Transportation (CDOT) for the FY 2011–12 Safe Routes to School program. This funding will allow the City of Fort Collins’ Safe Routes to School Program (administered and staffed by the Transportation Planning Division) to provide new, higher quality bike racks at public schools within the City of Fort Collins and roll out a new “Bicycle Parking at Schools” educational program. The Resolution authorizes the execution of the agreement with CDOT. 7. Second Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins- Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Another extension is needed, and Ordinance No. 007, 2012, unanimously adopted on First Reading on February 7, 2012, extends the period of time within which the parties’ Growth Management Area boundaries are to be amended to February 12, 2013. 8. Second Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project. In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid Transit Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding designated for local match. This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. 9. Second Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. City Council met in executive session on November 9, 2011, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 012, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the 2012 salary of the Municipal Judge at $95,436. Page 4 10. Second Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. City Council met in Executive Session on January 17, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 013, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the 2012 salary of the City Attorney at $165,691. 11. Second Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. City Council met in executive session on November 9, 2011, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 014, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the salary of the City Manager at $197,203. 12. Items Relating to the City’s Traffic Signal System Software. A. Resolution 2012-007 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation to Use Federal Congestion Mitigation Air Quality Funds for the Purpose of Procuring New Traffic Signal System Software. B. First Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the Acquisition of New Traffic Signal System Software. The City’s Traffic Operations Department has been awarded a $248,000 Federal Congestion Mitigation Air Quality (CMAQ) grant to procure and install new traffic signal system software to replace existing software in the City’s Traffic Operations Center and in traffic signal controllers at intersections throughout the City. The current software is aging and the vendor has discontinued support. Updating the system software provides the ability to utilize new technologies that were not available previously. The installation process will be done in phases and the old software will be retired, once full conversion is completed. 13. Items Relating to the North College Improvements Project - Conifer Street to Willox Lane. A. Resolution 2012-008 Authorizing the Execution of an Intergovernmental Agreement with the Colorado Department of Transportation for Funding for the North College Improvements Project - Conifer Street to Willox Lane. B. First Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund and Appropriating Prior Year Reserves and Authorizing the Transfer of Existing Appropriations in the Keep Fort Collins Great Fund for the North College Improvements Project - Conifer Street to Willox Lane. The North Front Range Metropolitan Planning Organization (NFRMPO) has awarded the City of Fort Collins $2,039,000 in federal funds to design improvements, and begin rights-of-way acquisition along North College Avenue between Conifer Street and Willox Lane. This Resolution authorizes the Mayor to sign an intergovernmental agreement with the Colorado Department of Transportation (CDOT) authorizing the City of Fort Collins to receive this funding. The Ordinance will appropriate fiscal year 2012 federal funds into the Capital Project Fund for use on the North College Improvements Project – Conifer to Willox. Keep Fort Collins Great (KFCG) funds are intended to be used as the local funds required for the project as per the intergovernmental agreement with CDOT. This project is one of the highest ranked roadway projects in the City’s Capital Improvements Plan. Page 5 14. Items Relating to the Bryan Bridge Replacement Project. A. Resolution 2012-009 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation in Support of the Bryan Avenue Bridge Replacement Project. B. First Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the City Bridge Program Project. The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off- System Bridge Program. This intergovernmental agreement between the City and Colorado Department of Transportation (CDOT) is for the replacement of the structurally deficient Bryan Avenue Bridge over the Larimer County Canal No. 2, located just north of Poudre Fire Authority Fire (PFA) Station 2 by City Park. 15. Resolution 2012-010 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 16. Resolution 2012-011 Supporting the City’s Application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Environmental Education Sites at the Gardens on Spring Creek and Authorizing the Execution of a Grant Agreement. The Gardens on Spring Creek is currently applying for a $350,000 Great Outdoors Colorado Local Parks and Outdoor Recreation Grant. Staff is preparing an application for construction of the Environmental Education Sites at The Gardens. These sites include: (1) Foothills Demonstration Site, (2) Prairie Demonstration Site, (3) Wetland Demonstration Site, and (4) the Undaunted Garden, a xeriscape demonstration garden. As part of the application process, Great Outdoors Colorado requires a resolution which indicates the City’s support for the project, verifies that matching funds must be secured, that the project will be maintained in a high quality condition, the land for the project is City-owned, and designates an official to sign the grant agreement. 17. Resolution 2012-012 Authorizing a Revocable Permit for Lafarge West, Inc. to Access and Complete Initial Work to Repair a Breach in the Riverbank Within the Archery Range Natural Area. Lafarge West, Inc. owns and operates the Port of Entry (POE) Gravel Mine adjacent to Running Deer and Archery Range Natural Areas. During the spring runoff in 2011, Poudre River flows overtopped the River bank on the northwest corner of the POE Pit and eroded the bank back to the River so deeply that the River bank was breached and the River was completely diverted through the gravel mine and back into the River at the southeast corner of the pit. The breach is partially located within the Archery Range Natural Area. Lafarge has developed a plan to repair the breach and return the Poudre River to its former channel prior to spring 2011 runoff. The revocable permit is needed to allow Lafarge access to the City property and begin implementation of the plan within the time frame being required by the Colorado Division of Reclamation, Mining, and Safety. 18. Resolution 2012-013 Approving a Two Year Extension of the Second Interim Intergovernmental Agreement among the City, the Downtown Development Authority, the Downtown Business Association and Progressive Old Town Square, LLC, Regarding the Maintenance and Management of Old Town Plaza. This Resolution authorizes the City to extend the current Old Town Plaza maintenance and management agreement for two years by amending the existing agreement with the Downtown Page 6 Development Authority (DDA), the Downtown Business Association (DBA), and Progressive Old Town Square, LLC (POTS). 19. Routine Easements. A. Easement for construction and maintenance of public utilities from PJM7, LLC, to install an electric switch cabinet, located at 1611 South College Avenue B. Easement for Johnson Investments, to relocate existing electric duct bank, located on South College Avenue, Lot 1, Choice Center. END CONSENT 20. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 21. Staff Reports. - Canal Importation Ponds and Outfall Project Award - Airport Update 22. Councilmember Reports. 23. Consideration of Council -Pulled Consent Items. DISCUSSION ITEMS The method of debate for discussion items is as follows: ! Mayor introduces the item number and subject; asks if formal presentation will be made by staff ! Staff presentation (optional) ! Mayor requests citizen comment on the item (five-minute limit for each citizen) ! Council questions of staff on the item ! Council motion on the item ! Council discussion ! Final Council comments ! Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. Page 7 24. Second Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II, Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council. (staff: Steve Roy, Karen Cumbo, Ginny Sawyer; 10 minute staff presentation; 45 minute discussion) This Ordinance, which is being presented on Second Reading, has been modified in several respects in response to comments and concerns expressed during the public outreach process that has been conducted since First Reading. The changes include: shortening the previously proposed period of time within which the hearing on an appeal must be held; clarifying the form of notice of appeal; eliminating the provision that would have allowed parties-in-interest to file a written response to the notice of appeal; and changing to the provisions dealing with the introduction and handling of new evidence. No changes have been made to two of the amendments that were proposed on First Reading. The amendments that remain the same are: the amendment that would allow a Councilmember to participate in hearing an appeal even if he or she had filed the appeal, and amendments related to the site inspection process. 25. Items Relating to Medical Marijuana. (staff: Ginny Sawyer, Jerry Schiager, Medical Marijuana Staff Team; 5 minute staff presentation; 30 minute discussion) A. Second Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of the City Code Relating to Medical Marijuana. B. Second Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to Medical Marijuana Businesses. C. Second Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers (Option A or Option B). On Second Reading of Ordinance No. 011, 2012, staff is presenting two options for Council to consider that deal with the cultivation of medical marijuana in dwelling units that are located in two- family and multi-family dwellings and their accessory structures. Option A would impose the same twelve-plant limit for such structures that applies to single-family dwellings. Option B would entirely prohibit the cultivation of medical marijuana in such structures. Staff is recommending Option A pending further review of the issue. At Council’s direction, staff is also exploring a possible amendment to Ordinance No. 010, 2012, which deals with the permitted uses in various zone districts in the City. This Ordinance, if adopted “as is” on Second Reading, will eliminate all references to medical marijuana businesses in the Land Use Code, thereby also eliminating any zone districts in which the cultivation medical marijuana is specifically permitted. The practical effect of this will be to leave only residential dwelling units as permissible locations for such cultivation. Staff believes that it will be able to present a recommendation to the Council on this subject within the next four to six months, following a public outreach process and review by the Planning and Zoning Board. These Ordinances were unanimously adopted on First Reading on February 7, 2012. 26. Consideration of Citizen-Pulled Consent Items. 27. Other Business. 28. Adjournment. Page 8 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 Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. DATE: February 21, 2012 STAFF: Nancy Nichols Kathleen Bracke AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Items Relating to the Safe Routes to School Program. A. Second Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program. B. Resolution 2012-006 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for Infrastructure Funding of the Safe Routes to School Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates a $50,176 federal grant received through the Colorado Department of Transportation (CDOT) for the FY 2011–12 Safe Routes to School program. This funding will allow the City of Fort Collins’ Safe Routes to School Program (administered and staffed by the Transportation Planning Division) to provide new, higher quality bike racks at public schools within the City of Fort Collins and roll out a new “Bicycle Parking at Schools” educational program. The Resolution authorizes the execution of the agreement with CDOT. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Nancy Nichols Kathleen Bracke AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program. EXECUTIVE SUMMARY The City of Fort Collins Transportation Planning Division has received a $50,176 federal grant through the Colorado Department of Transportation for the FY 2011–12 Safe Routes to School (SRTS) program. This funding will allow the City of Fort Collins’ Safe Routes to School Program (administered and staffed by the Transportation Planning Division) to provide new, higher quality bike racks at public schools within the City of Fort Collins and roll out a new “Bicycle Parking at Schools” educational program. BACKGROUND / DISCUSSION The City of Fort Collins Transportation Planning staff develops and administers the local SRTS program. The success of the program is based on collaborations with local partners, including Poudre School District (PSD), Healthier Communities Coalition, Bicycle Colorado, Fort Collins Bike Co-op, Bike Fort Collins, various City departments (Traffic Operations, Police, Engineering, FC Bikes), individual schools, and parents. This project builds on a long-term partnership between the City and PSD to construct infrastructure improvements to support walking and bicycling to school. In the past, this has included a complete streets policy, coordination on sidewalk and bicycle parking provision, and installing signalized pedestrian crosswalks near schools. As a result, Fort Collins has a growing number of students walking and biking to school. The federal grant will be utilized as follows: • Fund installation of 20 new bicycle racks at 10 Poudre School District elementary and middle schools within the City of Fort Collins. • Fund a “Bicycle Parking at School” program. The City and PSD will collaborate to teach students how to efficiently and safely use the new bike rack design. New Bicycle Racks Providing convenient, high-quality storage for bicycles is a key component of getting more schoolchildren biking to school. Most of the grant ($48,595) will fund the installation of 20 new bicycle racks at 10 Poudre School District elementary and middle schools within the City. The following elementary schools have already been selected: Bacon, Bauder, Bennett, Dunn and Zach. Lesher Middle School has also been selected. Four additional schools will be selected in spring 2012 based on recommendations from PSD. The bicycle racks will expand on existing bicycle parking at these schools. The project is a pilot program to identify a new design for bicycle racks at elementary and middle schools within PSD. Currently PSD uses A-frame racks due to ease of use and high capacity. However, these racks are widely known as “wheel benders” due to the potential for damage to bikes when racks are overfilled, as is the case at many schools. This project directly supports City Plan and the City’s Transportation Master Plan: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law COPY COPY COPY COPY February 7, 2012 -2- ITEM 8 enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 – Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use. The City has received national recognition as a gold-level Bicycle-Friendly Community from the League of American Bicyclists (LAB). With so many cyclists in the community, the City and LAB have noted a major obstacle to continued growth is end-of-trip facilities, including bike racks at schools. This project helps mitigate this issue in the community. In addition to the bike racks, the project includes funding for installation pads when necessary (concrete pads to install bolts). After installation, PSD Facility Services will maintain the bike racks; maintenance funding is dedicated in the PSD operating budget. “Bicycle Parking at School” Program The grant will also fund an educational component, a “Bicycle Parking at School” program ($1,581 of the total grant). The City’s new SRTS coordinator will collaborate with individual schools to educate students how to efficiently and safely use the new bike rack design. School staff in charge of morning and afternoon supervision will assist with the training. Students will learn, as they park their bicycles, how to properly load and unload bikes with respect for their own and others’ bicycles. They will also learn how to safely secure their bikes to the racks to avoid theft. Spring Bike to School Day will offer another opportunity to provide education on using the bike racks. In coordination with the non- infrastructure SRTS program, the City and PSD hosts Spring Bike to School Day. As a part of this event, the City and PSD will create encouragement activities specific to the new bike racks, such as a ribbon cutting with the principal and parent-teacher organization president and bike decoration for students. FINANCIAL / ECONOMIC IMPACTS A bicycle is an economic investment for a family. If there is the potential that this investment may be damaged due to the design and capacity of a bicycle rack, parents may be less enthusiastic about allowing their children to bike to school. High-quality bike parking encourages more families to make this investment in active transportation. Many of the bikes used by local schoolchildren are purchased at local bike shops, boosting the local economy as well. The Colorado Department of Transportation (CDOT) is providing 100 percent of the funds for this project, with no required local match. The funds will be allocated as outlined in the City Engineering Cost Estimate/CDOT-Approved Scope of Work. A purchase order from CDOT will identify a “start date” when the City can begin utilizing the grant funds. This date is expected to be in March 2012. ENVIRONMENTAL IMPACTS More and more, public-health and environmental agencies are recognizing the connection between active transportation alternatives and improved health of both people and the environment. According to the Centers for Disease Control and Prevention: “Expanding the availability of, safety for, and access to a variety of transportation options and integrating health-enhancing choices into transportation policy has the potential to save lives by preventing chronic diseases, reducing and preventing motor-vehicle-related injury and deaths, improving environmental health, while stimulating economic development and ensuring access for all people. COPY COPY COPY COPY February 7, 2012 -3- ITEM 8 With this goal in mind, the Centers for Disease Control and Prevention (CDC) has identified transportation policies that can have a profound positive impact on health. CDC supports strategies that can provide a balanced portfolio of transportation choices that supports health and reduces healthcare costs. Transportation policies can: • Reduce injuries associated with motor vehicle crashes • Encourage healthy community design • Promote safe and convenient opportunities for physical activity by supporting active transportation infrastructure • Reduce human exposure to air pollution and adverse health impacts associated with these pollutants • Ensure that all people have access to safe, healthy, convenient, and affordable transportation.” Promoting active transportation to and from school will help reduce air pollution around schools as more students walk or bike to school rather than get dropped off by motor vehicles. Programs such as SRTS, which promote safe, active transportation, reduce pollution throughout the community while also promoting healthier, active lifestyles. Project engineering will conform to PSD Sustainable Design Guidelines. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Bicycle Advisory Committee reviewed the 2011-12 SRTS grant application at its November 8, 2010, meeting prior to submittal to CDOT. The BAC did not provide any comments at the meeting, but was invited to share any additional thoughts with City staff via email. No additional comments were received. PUBLIC OUTREACH The 2011-12 SRTS infrastructure grant application was developed and written by the City’s Transportation Planning staff with input from PSD, including its SRTS liaison and its facilities team. Input was also received from the Bicycle and Pedestrian Education Coalition (BPEC), part of the Healthier Communities Coalition. Public outreach began in early 2011 with a news release about the grant. Outreach will continue throughout the remaining 2011–12 school year and the fall semester of the 2012–13 school year. Student, teacher, parent, and principal feedback will be used to refine the current and future programs to be responsive to community needs. ATTACHMENTS 1. City and CDOT Intergovernmental Agreement 2. Example of New Bike Rack Design 3. Photos of Existing Bike Racks at PSD Schools 4. PSD Letter of Responsibility 5. City Engineering Cost Estimate (CDOT-Approved Scope of Work) 6. Bicycle Advisory Committee minutes, November 8, 2010 ORDINANCE NO. 006, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION SERVICES FUND FOR THE FY 2011-2012 SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, the Safe Routes to School Program established by the Colorado Department of Transportation (“CDOT”) is designed to promote the safety of students traveling to and from school and to encourage more students to choose walking or bicycling to and from school; and WHEREAS, the City’s Transportation Planning Division has received a Safe Routes to School Program (the “Program”) grant in the amount of $50,176 from CDOT to provide new, higher quality bike racks at public schools within the City and to initiate a new “Bicycle Parking at Schools” educational program; and WHEREAS, twenty new bicycle racks will be installed at ten Poudre School District elementary and middle schools and the City and Poudre School District will collaborate on teaching students how to efficiently and safely use the new bike rack design; and WHEREAS, there is no requirement for local matching funds associated with the 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 grant funds totaling $50,176 will not cause the total amount appropriated in the Transportation Services Fund - FY 2011-2012 Safe Routes to School program to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the Transportation Services Fund the sum of FIFTY THOUSAND ONE HUNDRED SEVENTY-SIX DOLLARS ($50,176) to provide new, higher quality bike racks at public schools within the City of Fort Collins and to initiate a new “Bicycle Parking at Schools” educational program. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk RESOLUTION 2012-006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR INFRASTRUCTURE FUNDING OF THE SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, federal funds in the amount of $50,176 have been made available to the City from the Colorado Department of Transportation (CDOT) for the fiscal year 2011/2012 Safe Routes to School Program; and WHEREAS, this funding will allow the City’s “Safe Routes to School Program” to provide new higher quality bike racks at public schools within the City and to establish a new “Bicycle Parking at Schools” educational program; and WHEREAS, the City Council has determined that the grant of $50,176 from CDOT to the City in support of the Safe Routes to School Program is in the bests of the City and that the Mayor should be authorized to execute an intergovernmental agreement between the City and CDOT in support thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with CDOT for the purpose of acquiring $50,176 in federal funds to support the “Safe Routes to School Program” and to institute a new “Bicycle Parking at Schools” educational program. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk DATE: February 21, 2012 STAFF: Darin Atteberry Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. EXECUTIVE SUMMARY On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Another extension is needed, and Ordinance No. 007, 2012, unanimously adopted on First Reading on February 7, 2012, extends the period of time within which the parties’ Growth Management Area boundaries are to be amended to February 12, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Darin Atteberry Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT First Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. EXECUTIVE SUMMARY On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Another extension is needed, and Ordinance No. 007, 2012, will extend the period of time within which the parties’ Growth Management Area boundaries are to be amended for an additional year. BACKGROUND / DISCUSSION In February 2009, the City Council adopted Ordinance No. 011, 2009, approving an intergovernmental agreement between the City of Fort Collins and the Town of Timnath regarding Growth Management Areas (GMAs) for the two communities and associated issues authorizing the disposition of certain properties (the “Intergovernmental Agreement”). On February 17, 2009, the Intergovernmental Agreement was signed by both parties. Section 2.2 of the Fort Collins-Timnath IGA deals with the City's GMA boundary. Specifically, Section 2.2(b) states that the City shall within one year (by February 17, 2010) seek approval by Larimer County of an amendment to the Fort Collins-Larimer County IGA changing the Fort Collins GMA boundary to be consistent with the boundary contained in the Fort Collins-Timnath IGA. Section 2.2(b) goes on to say, "...irrespective of whether or not Larimer County approves such amendment, Fort Collins shall within the same period of time (by February 17, 2010) take all actions necessary to amend the boundaries of the Fort Collins GMA as it exists independently of the Intergovernmental Agreement between Fort Collins and Larimer County..." The City’s IGA with the County also establishes boundaries for the Fort Collins Growth Management Area (“FCGMA”). The boundaries in that agreement conflict with the boundaries established in the Intergovernmental Agreement. In addition, the City/County IGA states that Fort Collins will not amend its GMA boundaries without the consent of the County. The County has expressed concerns about amending the FCGMA as proposed by the Intergovernmental Agreement and having to provide urban level services on a long-term basis to areas which were, under the City/County IGA, to be annexed into Fort Collins. Because of the conflicting obligations of Fort Collins under these two agreements, Fort Collins requested in late 2009 that Timnath agree to extend the deadline imposed by the Intergovernmental Agreement upon Fort Collins pursuant to Section 2.2(b) of the Intergovernmental Agreement for six months (with the possible extension for an additional six months) to afford Timnath and Larimer County adequate time to resolve their differences and come to agreement about the Timnath/Fort Collins growth management area boundary. In return, Timnath asked for an extension of Article 6 of the IGA, which gives Timnath an option to purchase the Vangbo property from Fort Collins. Therefore, in February 2010, the City and the Town approved a First Amendment to the IGA which extended both deadlines. COPY COPY COPY COPY February 7, 2012 -2- ITEM 9 In February 2011, the City Council approved a Second Amendment to the IGA that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Since that time, Timnath has been faced with a number of pressing issues that have made it difficult for Town officials to bring to closure their discussions with the City, the County and affected property owners to resolve the County’s concerns about the provision of urban level services to the properties that will be removed from the City’s GMA and placed in Timnath’s GMA. Therefore, the parties have agreed to an additional one-year extension of the period of time within which the Fort Collins and Timnath GMA boundaries will be amended. Timnath has also agreed that, within the same period of time, it will actively pursue County approval of its own GMA with a western boundary that is consistent with the Intergovernmental Agreement. On January 24, 2012, the Timnath Town Council adopted an Ordinance on First Reading (see Attachment 1) adopting the third amendment to the Intergovernmental Agreement; Second Reading is scheduled for February 14, 2012. The extension agreement approved by this Ordinance extends the deadline for GMA boundary amendments for an additional year (until February 12, 2013). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Town of Timnath Ordinance Approving A Third Amendment to the February 17, 2009 Intergovernmental Agreement Entered Into Between The Town Of Timnath And The City Of Fort Collins ORDINANCE NO. 007, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A THIRD AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT, AND RELATED ISSUES, EXTENDING THE DEADLINES FOR THE CITY AND TOWN TO AMEND THEIR GROWTH MANAGEMENT AREA BOUNDARIES WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an intergovernmental agreement relating to annexation, growth management and related issues, which agreement resolved certain differences that had arisen between the parties regarding a variety of planning and growth management issues (the “Intergovernmental Agreement”); and WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by February 17, 2010, Fort Collins seek the approval of Larimer County to amend the boundaries of the Fort Collins Growth Management Area (the “FCGMA”) to match the boundaries that are specified in the Intergovernmental Agreement; and WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins shall, within the same period of time, take all actions necessary to amend the boundaries of the FCGMA independently of the intergovernmental agreement between Fort Collins and Larimer County dated November 21, 2000 (the “City/County IGA”); and WHEREAS, Section 2.3(b) of the Intergovernmental Agreement contains a similar provision stating that Timnath shall, within one year, amend the boundaries of its Growth Management Area (the “TGMA”) match the boundaries that are specified in the Intergovernmental Agreement; and WHEREAS, due to a number of extenuating circumstances, the parties have not yet been able to accomplish the amendment of their respective growth management area boundaries; and WHEREAS, on March 3, 2010, the parties executed a First Amendment to Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment to Intergovernmental Agreement, both of which extended the periods of time within which Fort Collins was to amend the FCGMA; and WHEREAS, the parties wish to execute a third amendment to the Intergovernmental Agreement to extend until February 12, 2013, the period of time within which both parties will amend the boundaries of their growth management areas. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into a Third Amendment to the Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues in substantially the form attached hereto as Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (“Amendment”) is made and entered into this ____ day of ______, 2012, by and between THE TOWN OF TIMNATH, COLORADO, a Colorado home rule town (hereinafter referred to as “Timnath”), and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as “Fort Collins”). RECITALS WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an intergovernmental agreement relating to annexation, growth management and related issues, which agreement resolved certain differences that had arisen between the parties regarding a variety of planning and growth management issues (the “Intergovernmental Agreement”); and WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by February 17, 2010, Fort Collins seek the approval of Larimer County to amend the boundaries of the Fort Collins Growth Management Area (the “FCGMA”) to match the boundaries that are specified in the Intergovernmental Agreement; and WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins shall, within the same period of time, take all actions necessary to amend the boundaries of the FCGMA independently of the intergovernmental agreement between Fort Collins and Larimer County dated November 21, 2000 (the “City/County IGA”); and WHEREAS, Section 2.3(b) of the Intergovernmental Agreement contains a similar provision stating that Timnath shall, within one year, amend the boundaries of its Growth Management Area (the “TGMA”) match the boundaries that are specified in the Intergovernmental Agreement; and WHEREAS, due to a number of extenuating circumstances, the parties have not yet been able to accomplish the amendment of their respective growth management area boundaries; and WHEREAS, on March 3, 2010, the parties executed a First Amendment to Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment to Intergovernmental Agreement, both of which extended the periods of time within which Fort Collins was to amend the FCGMA; and WHEREAS, the parties wish to execute a third amendment to the Intergovernmental Agreement to extend until February 12, 2013, the period of time within which both parties will amend the boundaries of their growth management areas. Page 1 of 3 EXHIBIT A NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Section 2.2(b) of the Intergovernmental Agreement is hereby amended to extend the period of time within which Fort Collins must amend the FCGMA, so that such Section reads in its entirety as follows: (b) Fort Collins shall seek the approval of Larimer County to amend the boundaries of the FCGMA in accordance with Section 2.2(a) above. In addition, and irrespective of whether or not Larimer County approves such amendment, Fort Collins shall, on or before February 12, 2013, take all actions necessary to amend those boundaries to the FCGMA as it exists independently of the Intergovernmental Agreement between Fort Collins and Larimer County, Colorado dated November 21, 2000, to conform the FCGMA to the limitations of Section 2.2(a) above, it being the intention of and agreement of the parties that the requirements of Section 2.1 shall apply to the (as hereby described and amended) FCGMA boundaries irrespective of any action by Larimer County. 2. Section 2.3(b) of the Intergovernmental Agreement is hereby amended to extend the period of time within which Timnath must amend the TGMA, so that such Section reads in its entirety as follows: (b) Timnath shall amend the TGMA in accordance with Section 2.3(a) above on or before February 12, 2013. 3. No Further Modification. Except as expressly amended by this Amendment, the Intergovernmental Agreement is unmodified and shall continue in full force and effect. 4. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment shall be binding upon them. 5. Amendments. This Amendment may only be amended, changed, modified or altered in writing, signed by both parties hereto. 6. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. 7. Jointly Drafted; Rules of Construction. The parties hereto agree that this Amendment was jointly drafted, and, therefore, waive the application of any law, regulation, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. 8. Defined Terms. Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings set forth in the Intergovernmental Agreement. Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE TOWN OF TIMNATH, COLORADO By: ____________________________________ Mayor ATTEST: ________________________ Town Clerk APPROVED AS TO FORM ________________________ Town Attorney THE CITY OF FORT COLLINS, COLORADO By: ____________________________________ Mayor ATTEST: ________________________ City Clerk APPROVED AS TO FORM ________________________ City Attorney Page 3 of 3 DATE: February 21, 2012 STAFF: Helen Migchelbrink Kurt Ravenschlag AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project. EXECUTIVE SUMMARY In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid Transit Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding designated for local match. This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Helen Migchelbrink Kurt Ravenschlag AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Items Relating to the Mason Corridor Bus Rapid Transit Project. A. Resolution 2012-005 Authorizing the Execution of a Project Construction Grant Agreement between the City and the Federal Transit Administration for the Construction of the Mason Corridor (MAX) Bus Rapid Transit Project. B. First Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project. EXECUTIVE SUMMARY In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid Transit (BRT) Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding designated for local match. This Ordinance appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. This Resolution authorizes the execution of the final contract for the Project Construction Grant Agreement with the FTA. BACKGROUND / DISCUSSION The MAX Bus Rapid Transit Project is a north-south bus system located in the central area of Fort Collins. The Project extends from the Downtown Transit Center at Maple Street to approximately 1/4 mile south of Harmony Road, with a total length of approximately five miles. The BRT system is proposed within an exclusive bus-only guideway for 2.8 miles, with the remaining 2.2 miles intermixed with street traffic on portions of existing McClelland Drive and North Mason Street. Along the entire length of the corridor, the BRT system runs parallel to the existing Burlington Northern Santa Fe (BNSF) railroad tracks. The BRT system is just west of, and parallel to, College Avenue (US 287). Within the BRT travel-way, there will be two Transit Centers and twelve stations/stops, including six park and ride locations. The Project includes improvements to the existing Downtown Transit Center (the northern terminus for the BRT) and the construction of the new South Transit Center (the southern terminus for the BRT). Lastly, the Project includes expansion of the existing Transfort Maintenance Facility to accommodate six new exclusive BRT buses. The implementation of the MAX BRT is an essential step to achieving the Transfort transit system vision. Removing bus traffic from the highly congested College Avenue corridor and creating an exclusive guideway will provide the backbone for the future transit system. The MAX BRT will provide the essential infrastructure to redesign the transit system to improve effectiveness. Project Schedule: FTA Design Review: January 2012 Release Bid: February 2012 Begin Construction: Spring 2012 Begin Revenue Operations: Spring 2014 FINANCIAL / ECONOMIC IMPACTS This Project Construction Grant Agreement between the Federal Transit Administration (FTA) and the City of Fort Collins is for construction and acquisition of the Mason Corridor Bus Rapid Transit (MAX) Project. The Grant provides for 80% of the funding from FTA, and 20% from Local Match: 80% FTA $69,467,076 20% Local Match $17,366,772 Total Project $86,833,848 COPY COPY COPY COPY February 7, 2012 -2- ITEM 16 Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of Local Match. This Ordinance appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. The Project Construction Grant Agreement is expected to be finalized in May 2012. ENVIRONMENTAL IMPACTS The construction of the MAX system was included in the National Environmental Policy Act (NEPA) Environmental Assessment for the Mason Corridor Bus Rapid Transit Project. On September 9, 2008, the Federal Transit Administration declared a Finding of No Significant Impact (FONSI) would result from the construction and operation of the MAX Bus Rapid Transit Project. On December 21, 2010, the FTA affirmed that the 2008 EA and 2008 FONSI are valid, and the changes in final design documented in the 2010 Environmental Re-Evaluation serve to amend the 2008 EA and 2008 FONSI. The Environmental Assessment analyzed impacts on the following categories: Land Use and Zoning Wildlife/Ecological Vegetation Social Conditions Threatened and Endangered Species Noxious Weeds Economic Conditions Visual Quality Construction Environmental Justice Cultural Resources Transportation Right-of-way Hazardous Materials Air Quality Parks and Recreation Resources Noise and Vibration Farmland Water Resources and Water Quality Public Safety and Security Wetlands Cumulative Impacts Flooding and Floodplain Management For more detailed information concerning the environmental impacts and mitigation measures, please refer to the Mason Corridor Environmental Assessment located at: www.fcgov.com/mason/environment.php. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On September 20, 2000, the Transportation Board unanimously voted to approve the Mason Street Corridor Master Plan, which included plans for the purchase of BRT buses and construction of the MAX transit route. Since 2000, staff has regularly updated the Transportation Board regarding the progress of the Mason Corridor, most recently on May 18, 2011. PUBLIC OUTREACH Significant public outreach has been conducted since 1998 for the Mason Corridor project. The most recent public outreach event was an open house held November 17, 2011. Information related to the scope, budget, alignment, and two-way conversion of Mason Street were presented. ATTACHMENTS 1. Project location map MAX Bus Rapid Transit 2 Project Construction Grant Agreement between Federal Transit Administration and City of Fort Collins 3 Transportation Board minutes, September 20, 2000 4 Transportation Board minutes, May 18, 2011 5. Powerpoint presentation ORDINANCE NO. 008, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND, MASON CORRIDOR PROJECT FOR THE MAX BUS RAPID TRANSIT PROJECT WHEREAS, the MAX Bus Rapid Transit project (“MAX”) is a five-mile, north-south byway extending from Cherry Street to approximately one quarter mile south of Harmony Road; and WHEREAS, the City was awarded a grant from the Federal Transit Administration (“FTA”) for the MAX project (the “Grant”); and WHEREAS, MAX includes six park-n-ride locations, twelve stations/stops, and two transit centers; and WHEREAS, the MAX project also includes improvements to the existing Downtown Transit Center, construction of the new South Transit Center, and expansion of the existing Transfort maintenance facility to accommodate six new BRT buses; and WHEREAS, the City Council adopted Resolution 2012-005 authorizing the Mayor to sign the Project Construction Grant Agreement between the City and the FTA for the construction of the MAX project; and WHEREAS, the total construction cost for the MAX project is $86,833,848; and WHEREAS, the Grant provides that 80% of the MAX project funding will come from the FTA and 20% will come from local matching funds; and WHEREAS, this Ordinance appropriates the remaining FTA funds of $14,845,076 resulting in the total appropriated amount of $86,833,848 for the MAX project; and WHEREAS, Article V, Section 9, of the City Charter authorizes the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Grant funds will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund the sum of FOURTEEN MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND SEVENTY- SIX DOLLARS ($14,845,076) for expenditure in the Capital Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: February 21, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Second Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. EXECUTIVE SUMMARY City Council met in executive session on November 9, 2011, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 012, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the 2012 salary of the Municipal Judge at $95,436. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 2. Comparison of 2011 and 2012 Total Compensation COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT First Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. EXECUTIVE SUMMARY City Council met in executive session on November 9, 2011, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 012, 2012, establishes the 2012 salary of the Municipal Judge. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet twice a year to discuss performance and set goals for the coming year. In 2011, the total compensation paid to the Municipal Judge included the following: 2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary (0.8 FTE) Medical Insurance Dental Insurance Life Insurance Long Term Disability ICMA (457) ICMA (401) $ 93,045 8,400 552 164 339 2,791 9,305 Vacation (30 days per year) Holidays (11 days per year) Total Monetary Compensation $ 114,596 Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2012 salary. STAFF RECOMMENDATION Not applicable. ATTACHMENTS 1. Powerpoint presentation Prepared by Human Resources February 7, 2012 Municipal Judge Monetary Monetary Base Salary 93,045 Base Salary 95,436 Medical Insurance 8,400 Medical Insurance 8,640 Dental Insurance 552 Dental Insurance 588 Life Insurance 164 Life Insurance 167 Long Term Disability 339 Long Term Disability 401 ICMA 457 2,791 ICMA 457 2,863 ICMA 401 9,305 ICMA 401 9,544 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days One-Time Perf Award $1,125 Total Compensation 114,596 Total Compensation 118,764 Percent Increase 2.57% 2011 (.8 FTE) Projected 2012 (.8 FTE) ATTACHMENT 2 ORDINANCE NO. 012, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE MUNICIPAL JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council (the “Council”) is responsible for fixing the compensation of the Municipal Judge; and WHEREAS, the City of Fort Collins is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, each year the Council conducts a review of the past year's performance and the next year’s goals of the Municipal Judge; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the Municipal Judge to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, in lieu of additional market adjustments or merit increases, the City is making one-time performance awards to employees who meet or exceed performance expectations; and WHEREAS, the Council has determined that the base salary of the Municipal Judge should be established at the amount of $95,436, effective January 9, 2012, so that the total compensation paid to the Municipal Judge in 2012 will be in the amount of $118,764. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-606. Salary of the Municipal Judge. The base salary to be paid to the Municipal Judge for working 0.8 FTE shall be ninety-five thousand four hundred thirty-six dollars ($95,436.) per annum, payable in biweekly installments, which sum shall be charged to general government expense. Section 2. The Municipal Judge shall receive a one-time performance incentive award for 2011 performance in the amount of $1,125. Section 3. That the effective date of the salary adjustment and one-time performance incentive award shall be January 9, 2012. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: February 21, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. EXECUTIVE SUMMARY City Council met in Executive Session on January 17, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 013, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the 2012 salary of the City Attorney at $165,691. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 2. Comparison of 2011 and 2012 Total Compensation COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. EXECUTIVE SUMMARY City Council met in Executive Session on January 17, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 013, 2012, establishes the 2012 salary of the City Attorney. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year. In 2011, the total compensation paid to the City Attorney included the following: 2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary Medical Insurance Dental Insurance Life Insurance Long Term Disability ICMA (457) ICMA (401) $ 161,650 8,400 552 282 590 4,850 16,165 Vacation (32.5 days per year) Holidays (11 days per year) Total Monetary Compensation $ 192,489 Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Attorney Roy’s 2012 salary. STAFF RECOMMENDATION Not applicable. Prepared by Human Resources February 7, 2012 City Attorney Monetary Monetary Base Salary 161,650 Base Salary 165,691 Medical Insurance 8,400 Medical Insurance 8,640 Dental Insurance 552 Dental Insurance 588 Life Insurance 282 Life Insurance 289 Long Term Disability 590 Long Term Disability 696 ICMA 457 4,850 ICMA 457 4,971 ICMA 401 16,165 ICMA 401 16,569 Non-Monetary Non-Monetary Vacation 32.5 Vacation 32.5 Holiday 11 days Holiday 11 days One-Time Perf Award $1,125 Total Compensation 192,489 Total Compensation 198,569 Percent Increase 2.50% 2011 Projected 2012 ATTACHMENT 2 ORDINANCE NO. 013, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council (the “Council”) is responsible for fixing the compensation of the City Attorney; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Attorney to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Attorney to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, in lieu of additional market adjustments or merit increases, the City is making one-time performance awards to employees who meet or exceed performance expectations; and WHEREAS, the City Council believes that the base salary of the City Attorney should be established at the amount of $165,691 effective January 9, 2012, so that the total compensation paid to the City Attorney in 2012 will be in the amount of $198,569. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-581 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-581. Salary of the City Attorney. The base salary to be paid the City Attorney shall be one hundred sixty-five thousand six hundred ninety-one dollars ($165,691.) per annum, payable in biweekly installments. Sixty (60) percent of such sum shall be charged to general government expense, twenty (20) percent to the city water utility and twenty (20) percent to the city electric utility. Section 2. The City Attorney shall receive a one-time performance incentive award for 2011 performance in the amount of $1,125. Section 3. That the effective date of the salary adjustment and one-time performance incentive award shall be January 9, 2012. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: February 21, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 9, 2011, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 014, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the salary of the City Manager at $197,203. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 2. Comparison of 2011 and 2012 Total Compensation COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 9, 2011, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 014, 2012, establishes the salary of the City Manager. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year. In 2011, the total compensation paid to the City Manager included the following: 2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary Medical Insurance Dental Insurance Life Insurance Long Term Disability ICMA (457) ICMA (401) Car Allowance $ 190,571 8,400 552 332 696 5,717 19,057 9,000 Vacation (30 days per year) Holidays (11 days per year) Total Monetary Compensation $ 234,325 Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin Atteberry’s 2012 salary. STAFF RECOMMENDATION Not applicable. Prepared by Human Resources February 7, 2012 City Manager Monetary Monetary Base Salary 190,571 Base Salary 197,203 Medical Insurance 8,400 Medical Insurance 8,640 Dental Insurance 552 Dental Insurance 588 Life Insurance 332 Life Insurance 345 Long Term Disability 696 Long Term Disability 828 ICMA 457 5,717 ICMA 457 5,916 ICMA 401 19,057 ICMA 401 19,720 Car Allowance 9,000 Car Allowance 9,000 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days One-Time Perf Award $1,125 Total Compensation 234,325 Total Compensation 243,365 Percent Increase 3.48% 2011 Projected 2012 ATTACHMENT 2 ORDINANCE NO. 014, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY MANAGER WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Manager; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Manager to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Manager to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, in lieu of additional market adjustments or merit increases, the City is making one-time performance awards to employees who meet or exceed performance expectations; and WHEREAS, the City Council believes that the base salary of the City Manager should be established at the amount of $197,203 effective January 9, 2012, so that the total compensation paid to the City Manager in 2012 will be in the amount of $243,365. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-596 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-596. Salary of the City Manager. The base salary to be paid the City Manager shall be one hundred ninety-seven thousand two hundred three dollars ($197,203.) per annum, payable in biweekly installments. Forty (40) percent of such sum shall be charged to the city electric utility, twenty (20) percent to the city water utility and forty (40) percent to general government expense. Section 2. The City Manager shall receive a one-time performance incentive award for 2011 performance in the amount of $1,125. Section 3. That the effective date of the salary adjustment and one-time performance incentive award shall be January 9, 2012. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: February 21, 2012 STAFF: Ward Stanford Joe Olson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Items Relating to the City’s Traffic Signal System Software. A. Resolution 2012-007 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation to Use Federal Congestion Mitigation Air Quality Funds for the Purpose of Procuring New Traffic Signal System Software. B. First Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the Acquisition of New Traffic Signal System Software. EXECUTIVE SUMMARY The City’s Traffic Operations Department has been awarded a $248,000 Federal Congestion Mitigation Air Quality (CMAQ) grant to procure and install new traffic signal system software to replace existing software in the City’s Traffic Operations Center and in traffic signal controllers at intersections throughout the City. The current software is aging and the vendor has discontinued support. Updating the system software provides the ability to utilize new technologies that were not available previously. The installation process will be done in phases and the old software will be retired, once full conversion is completed. BACKGROUND / DISCUSSION The City currently utilizes traffic signal system software developed in the late 1990s and early 2000s. The current system began initial operation in 2003, with full implementation by 2005. Over time, operational issues have surfaced that interfere with the system’s effectiveness. Specifically, there are issues in maintaining signal coordination; uploading and downloading timing data, logging events, implementing holiday plans; and transitioning in/out of preemption. In addition, important features such as signal monitoring, vehicle detector monitoring, and data archiving are limited. The current system vendor has announced that it has developed new proprietary software and that no additional upgrades are planned for the software operated by the City. Without software upgrades targeted at those significant issues, the current system does not have a path forward. Traffic management software has progressed technologically in many significant ways. GIS based mapping, web based interfaces, enhanced security, enhanced system status reporting, improved database management, improved detector utilization, and enhanced notification of system malfunctions are all available in modern systems. The Traffic Operations Department is proposing to replace the current software with modern signal system software to improve signal operations and provide modern tools and technology to continue the City’s traffic management efforts. The project is for software only. No hardware changes (other than possible minor changes necessary for software compatibility) are planned for this project. FINANCIAL / ECONOMIC IMPACTS The City has been awarded a $248,000 Federal Congestion Mitigation Air Quality (CMAQ) grant to procure and install new traffic signal system software. The project is estimated to cost $400,000 with the funding coming from a Federal CMAQ grant and City Local Overmatch funds. The Overmatch funds are available in the current Traffic Operations equipment replacement budget. Federal Funds: $248,000 City funds: $152,000 February 21, 2012 -2- ITEM 12 ENVIRONMENTAL IMPACTS The purpose of the software upgrade is to enhance signal operational capabilities intended to ensure safe and efficient travel. More efficient travel results in reduced emissions and reduced fuel consumption. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and of the Ordinance on First Reading. RESOLUTION 2012-007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION TO USE FEDERAL CONGESTION MITIGATION AIR QUALITY FUNDS FOR THE PURPOSE OF PROCURING NEW TRAFFIC SIGNAL SYSTEM SOFTWARE WHEREAS, the City’s Traffic Operations Department has been awarded a $248,000 Federal Congestion Mitigation Air Quality (CMAQ) grant for the purpose of procuring and installing new traffic signal system software to replace the existing software in the City’s operations center and in traffic signal controllers at intersections throughout the City; and WHEREAS, the current City software is aging, and the vendor for this software has discontinued support for it; and WHEREAS, updating the system software will provide the City with the ability to utilize new and beneficial technologies not previously available; and WHEREAS, the CMAQ grant also requires that the City provide matching funds in the amount of $152,000, which funds are available in the City’s traffic operations equipment replacement budget; and WHEREAS, the City Council has determined that the grant in the amount of $248,000 from CMAQ funds is in the best interests of the City and that the Mayor should be authorized to execute an intergovernmental agreement with CDOT for the purpose of acquiring this grant. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with CDOT to use Federal Congestion Mitigation Air Quality funds in the amount of $248,000, with City matching funds in the amount of $152,000, for the purpose of procuring new signal system software. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 015, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION SERVICES FUND FOR THE ACQUISITION OF NEW TRAFFIC SIGNAL SYSTEM SOFTWARE WHEREAS, the City has been awarded a Federal Congestion Mitigation Air Quality (“CMAQ”) grant in the amount of $248,000 (the “Grant”); and WHEREAS, the Grant is for the acquisition and installation of new software for the City’s traffic signal system; and WHEREAS, the current software is becoming obsolete because of operational issues, limited features, and the discontinued support of the software by the vendor; and WHEREAS, the total estimated cost to procure and install the new software is $400,000 which can be funded by the Grant and local matching funds consisting of appropriations in the Transportation Services Fund for traffic operations; and WHEREAS, the City Council has adopted Resolution 2012-007 authorizing the City to enter into a contract with the Colorado Department of Transportation to obtain and use CMAQ funds to procure the new software; 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 have determined that the appropriation of the Grant revenue as described herein will not cause the total amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and anticipated revenues during fiscal year 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the Transportation Services Fund the sum of TWO HUNDRED FORTY-EIGHT THOUSAND DOLLARS ($248,000) for the acquisition of new traffic signal system software. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk DATE: February 21, 2012 STAFF: Kyle Lambrecht Rick Richter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Items Relating to the North College Improvements Project - Conifer Street to Willox Lane. A. Resolution 2012-008 Authorizing the Execution of an Intergovernmental Agreement with the Colorado Department of Transportation for Funding for the North College Improvements Project - Conifer Street to Willox Lane. B. First Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund and Appropriating Prior Year Reserves and Authorizing the Transfer of Existing Appropriations in the Keep Fort Collins Great Fund for the North College Improvements Project - Conifer Street to Willox Lane. EXECUTIVE SUMMARY The North Front Range Metropolitan Planning Organization (NFRMPO) has awarded the City of Fort Collins $2,039,000 in federal funds to design improvements, and begin rights-of-way acquisition along North College Avenue between Conifer Street and Willox Lane. This Resolution authorizes the Mayor to sign an intergovernmental agreement with the Colorado Department of Transportation (CDOT) authorizing the City of Fort Collins to receive this funding. The Ordinance will appropriate fiscal year 2012 federal funds into the Capital Project Fund for use on the North College Improvements Project – Conifer to Willox. Keep Fort Collins Great (KFCG) funds are intended to be used as the local funds required for the project as per the intergovernmental agreement with CDOT. This project is one of the highest ranked roadway projects in the City’s Capital Improvements Plan. BACKGROUND / DISCUSSION North College Avenue, also known as US Highway 287, is a major north-south, four lane arterial that runs through north Fort Collins, providing both local and regional connectivity. Through previous planning efforts, City staff identified the need to enhance the northern gateway to the city, improve multimodal travel while accommodating the large volume of interstate truck traffic, and to address aging utility infrastructure and drainage issues. There was also a desire to establish a strong connection between the growing North College corridor and the rest of the community, in particular, the historic Old Town area as well as the locally and regionally significant Poudre River bicycle/pedestrian trail. The portion of North College Avenue north of Conifer Street to Willox Lane is typical of older state highway corridors; it was constructed over many years in a fragmented approach aimed at accommodating development, minor roadway improvements, and increased traffic flows. North College is, within this section, a four-lane highway with a striped center left turn lane, has partially paved shoulders, sporadic curb and gutter, occasional drainage swales, discontinuous sidewalks, no on-street bike lanes, and minimal defined accesses. Much of this section of North College lacks defined business access points, creating a dangerous traveling environment, as well as impacting vehicular flow for a defined truck route. In addition to high automobile and truck traffic volumes, many pedestrians and cyclists use North College to access residential, employment, and commercial destinations. Through previous improvement projects, much of the North College Corridor either has been constructed, or will be constructed, to current City of Fort Collins street standards by the end of 2012. The section of North College from Conifer Street to Willox Lane will be the only remaining section of North College within the city limits to be constructed to complete the City’s vision for the corridor. In the summer of 2011, the NFRMPO awarded the City of Fort Collins $2,039,000 in federal funds to design improvements and begin rights-of-way acquisition along North College Avenue between Conifer Street and Willox Lane. The funding will be available over a four year period. Of the total federal funds received for this project, $1,426,000 is currently available for use by the City. Per the intergovernmental agreement, $326,481 is required from the City in 2012 as local match and over-match funds. February 21, 2012 -2- ITEM 13 Goals for the roadway and streetscape improvements along North College Avenue between Conifer Street and Willox Lane include: • Creating a safe and effective travel corridor for all users including bicycles, pedestrians, transit users, passenger vehicles, and heavy vehicles. • Defining access points as highlighted in the US 287/SH14 Access Management Report. • Maintaining compatibility with utilities, including stormwater, water, sewer, power, and communications. • Supporting the economic viability of the project area. • Upgrading the image of the North College Corridor while minimizing impacts to existing infrastructure. • Maintaining compatibility with the intent of previous local planning efforts. All of the planned improvements along North College Avenue will be designed in accordance with previous planning efforts: the Larimer County Urban Area Street Standards (LCUASS), the CDOT Standard Specifications for Road and Bridge Construction, the US 287/SH14 Access Management Report, and the North College Corridor Plan. FINANCIAL / ECONOMIC IMPACTS Ordinance No. 016, 2012, will authorize the appropriation of fiscal year 2012 Federal Grant Funds into the City of Fort Collins Capital Project Fund to begin the design and right-of-way acquisition phases for the North College Improvements Project – Conifer to Willox. The following is a summary of the funding appropriation: Funding Summary (FY 2012) Total Federal Funds $1,426,000 Local Agency Matching Funds (2011 unspent KFCG Funds) $226,000 Local Agency Match and Overmatch Funds (2012 budgeted KFCG Funds) $100,481 Total Budgeted Funds $1,752,481 The North College Improvements Project – Conifer to Willox was awarded a total of $2,039,000 from the NFRMPO. The following is an anticipated schedule summary of the federal funding awarded to the project: FY 2012 FY 2013 FY 2014 FY 2015 TOTAL Federal Funds $1,426,000 $174,000 $19,000 $420,000 $2,039,000 One of the primary goals of this project is to support the economic viability of the project area by upgrading the image and safety of the North College Corridor, while minimizing impacts to existing infrastructure. This is consistent with adopted long-term plans for the area, including the North College Corridor Plan (2007) and Fort Collins City Plan (2011). The project will address these goals through the design and construction of multimodal improvements, urban design features, the consolidation and definition of accesses, and other improvements which target and encourage redevelopment. The awarded federal funds will enable design development as well as partial right-of-way acquisition. At this time no funds have been identified for construction. With a completed design, the project will be in a position to compete for potential construction funding. The completion of these improvements will provide an economic benefit to the North College area as well as to the City of Fort Collins as a whole with increased property values and sales tax collection. ENVIRONMENTAL IMPACTS The project will have a positive impact on long-term air and storm water quality. The addition of improved bicycle and pedestrian facilities will increase the number of people walking and biking along North College Avenue, resulting in a clearly definable air quality improvement. The utility upgrades in this project include improvements to the stormwater distribution system. Stormwater will ultimately be piped to water quality ponds where suspended solids and February 21, 2012 -3- ITEM 13 hydrocarbon contaminants from roadway drainage will be removed prior to discharge into receiving waters. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Transportation Board will receive updates as the project progresses. PUBLIC OUTREACH The North Front Range Metropolitan Planning Organization has received a project overview presentation resulting in awarding federal funds to the project. The project team plans significant public outreach throughout the project, including public open houses, individual meetings with property owners, regular updates to the North Fort Collins Business Association, and project updates to be posted on the project’s website, http://www.fcgov.com/engineering/ncollege.php. ATTACHMENTS 1. Location Map ÉZYXW ÉZYXW ³I ÕZYXW Project Location Map ¥ North College Avenue - Conifer Street to Willox Lane 0 750 1,500 3,000 Feet 1:10,825 North College Avenue Improvement Area E Vine Dr Conifer St Hickory St Willox Ln Willox Ln N College Ave Cache la Poudre River Legend City Limits ATTACHMENT 1 RESOLUTION 2012-008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT - CONIFER STREET TO WILLOX LANE WHEREAS, North College Avenue is a major four-lane arterial that also serves as the gateway to the northern part of the City and provides both local and regional connectivity; and WHEREAS, City staff has identified a need to enhance the northern gateway by improving multi-modal travel and accommodating a large volume of interstate truck traffic as well as addressing the aging utility infrastructure and drainage issues along the route; and WHEREAS, the City also desires to establish a strong connection between the North College corridor and the historic Old Town area as well as the Poudre River bicycle/pedestrian trail; and WHEREAS, in furtherance of these goals, the North Front Range Metropolitan Planning Organization (NFRMPO) has awarded the City $2,039,000 in federal funds to design improvements and commence right-of-way acquisition along North College Avenue between Conifer Street and Willox Lane, which project is one of the highest ranked roadway projects in the City’s Capital Improvements Plan; and WHEREAS, the intergovernmental agreement is to be entered into between the City and the Colorado Department of Transportation (CDOT), which intergovernmental agreement calls for City matching funds in the sum of $326,481; and WHEREAS, all of the planned improvements along North College Avenue will be designed in accordance with the Larimer County Urban Area Street Standards, the CDOT Standard Specifications for Road and Bridge Construction and the US 287/SH 14 Access Management Report as well as the North College Corridor Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with CDOT in order to provide federal funding to the City in support of the North College Improvement Project between Conifer Street and Willox Lane in the sum of $2,039,000, with City matching funds in the sum of $326,481. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February, A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 016, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CAPITAL PROJECTS FUND AND APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS IN THE KEEP FORT COLLINS GREAT FUND FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT- CONIFER STREET TO WILLOX LANE WHEREAS, as a result of previous capital improvement projects, much of North College Avenue has been reconstructed or will be reconstructed to current City street standards by the end of 2012; and WHEREAS, the section of North College Avenue from Conifer Street to Willox Lane is the remaining section of North College Avenue, within the City limits, that does not meet current City street standards; and WHEREAS, this portion of North College Avenue is a four-lane highway with a striped center left turn lane, partially paved shoulders, sporadic curb and gutter, occasional drainage swales, discontinuous sidewalks, no bike lanes, and undefined access to local business; and WHEREAS, the North Front Range Metropolitan Planning Organization awarded the City $2,039,000 in federal funds through the Colorado Department of Transportation (“CDOT”) to be received over four years to design improvements and begin right-of-way acquisition for the North College Improvements Project - Conifer Street to Willox Lane (the “Project”); and WHEREAS, the City Council has adopted Resolution 2012-008 authorizing the City to enter into a contract with CDOT for the Project; and WHEREAS, $1,426,000 of the funds will be available for the Project in fiscal year 2012 and the City will need to provide local matching funds in the amount of $326,481 for the Project; and WHEREAS, $226,000 in matching funds is available in reserves in the Keep Fort Collins Great Fund and an additional $100,481 is available for transfer to the Project from existing appropriations in such fund for transportation capital needs; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated federal grant revenue in the Capital Projects Fund the sum of ONE MILLION FOUR HUNDRED TWENTY-SIX THOUSAND DOLLARS ($1,426,000) for expenditure on the Project. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Keep Fort Collins Great Fund the sum of TWO HUNDRED TWENTY-SIX THOUSAND DOLLARS ($226,000) for expenditure on the Project. Section 3. That the unexpended appropriated amount of ONE HUNDRED THOUSAND FOUR HUNDRED EIGHTY-ONE DOLLARS ($100,481) is authorized for transfer from the Keep Fort Collins Great Fund operating budget to the Project. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk DATE: February 21, 2012 STAFF: Jin Wang Rick Richter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Items Relating to the Bryan Bridge Replacement Project. A. Resolution 2012-009 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation in Support of the Bryan Avenue Bridge Replacement Project. B. First Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the City Bridge Program Project. EXECUTIVE SUMMARY The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-System Bridge Program. This intergovernmental agreement between the City and Colorado Department of Transportation (CDOT) is for the replacement of the structurally deficient Bryan Avenue Bridge over the Larimer County Canal No. 2, located just north of Poudre Fire Authority Fire (PFA) Station 2 by City Park. BACKGROUND / DISCUSSION Bridges are an important element of the roadway network. An inadequate bridge can cause various capacity and safety problems on roadways. A road will not be able to function if it is disconnected because of a bridge that has failed. Based on federal bridge inspection standards, the Bryan Avenue Bridge is identified as structurally deficient and is vehicle weight restricted. This means that the bridge is in advanced stages of deterioration and does not have the desired load carrying capacity. Replacing this bridge will eliminate unsafe conditions that could potentially result in property damage and loss of life. This load posted, structurally deficient bridge, is located 500 feet north of the PFA Station 2, or 900 feet north of Mulberry Street, along Bryan Avenue (Attachment 1). For any emergency call located north of the station, the responding vehicles have to detour south to Mulberry Street and around the lake, to avoid driving across the load posted bridge. The detour length is 3,600 feet compared to 500 feet going across the bridge to the same location. Replacing this bridge will make a huge difference in the response time to any emergency north of the fire station. The Bryan Avenue Bridge plays an important role to its surrounding area. This bridge is located by City Park, where many social activities take place. The public generally accesses City Park, City Park Pool, City Park Nine golf course, kids’ train depot and the park picnic shelter by going over the Bryan Avenue Bridge. This bridge is failing and will continue to deteriorate. By replacing the failing Bryan Avenue Bridge, the City can continue to provide the necessary access and level of service. A Request For Proposal (RFP) for the design of a replacement bridge is currently underway, with construction scheduled for Fall 2013. FINANCIAL / ECONOMIC IMPACTS The City was awarded a grant from federally funded Colorado Off-System Bridge Program for $522,000 to replace the Bryan Avenue Bridge by City Park. The twenty percent local matching fund needed for the grant will come from the City Bridge Program. The additional local overmatch will be funded with 2012 Keep Fort Collins Great (KFCG) funds (2012 BFO Offer 146.15). The estimated total cost of the Bryan Avenue Bridge Replacement Project is $1,040,000, which is to be funded as follows: February 21, 2012 -2- ITEM 14 Federal Funds $ 552,000 Local Agency Matching Funds (City Bridge Program) $ 138,000 Local Agency Overmatch Funds (KFCG Fund) $ 350,000 Total Project Funds $1,040,000 This bridge is classified as structurally deficient. It is failing and needs to be replaced. If allowed to fail, an emergency bridge replacement can cost up to fifty percent more than a planned bridge replacement. The proactive completion of bridge replacement will provide continued accessibility to businesses, parks and residences. ENVIRONMENTAL IMPACTS The project will have a positive impact on long term air quality. Vehicles that are currently restricted by the bridge weight limit posted will be able to drive over the replacement bridge, instead of using a longer alternative route, thus reducing greenhouse gas emission. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION A Request For Proposal (RFP) for the design of a replacement bridge is currently underway. The Transportation Board will receive updates as the project progresses. PUBLIC OUTREACH The Project Team plans significant public outreach throughout the project, including public open houses and meetings with different City departments and PFA. The team will also be working with utility companies that have services over or under the existing bridge. Public outreach will be intensified prior to, and during, construction of the replacement bridge. ATTACHMENTS 1. Project Area Map Sheldon Dr City Park Dr S Br y a n A ve Cook Dr Homer Dr City Park Ave Westview Ave S k y l i n e D r Lakeside Ave Dale Ct W Myrtle St Homer Ct S Bryan Ave Westv i e w A v e W Mulberry St Bryan Avenue Bridge Vicinity Map ¥ 0 95 190 380 570 760 Feet Bryan Ave. Bridge Poudre Fire Authority Station #2 Sheldon Lake 1:4,500 New Mercer Ditch Larimer Canal #2 ATTACHMENT 1 RESOLUTION 2012-009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION IN SUPPORT OF THE BRYAN AVENUE BRIDGE REPLACEMENT PROJECT WHEREAS, the Bryan Avenue Bridge (the “Bridge”) over the Larimer County Canal No. 2, located just north of the Poudre Fire Authority Station No. 2, is deteriorating and, according to federal bridge inspection standards, is structurally deficient and weight restricted; and WHEREAS, the condition of this Bridge is such that, in the event of an emergency call from Fire Station No. 2, emergency equipment must detour south to Mulberry Street and avoid driving across the Bridge; and WHEREAS, because of the condition of the Bridge, the City has applied for and been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-System Bridge Program to be used for reconstruction of the Bridge; and WHEREAS, the proposed intergovernmental agreement between the City and the Colorado Department of Transportation (CDOT) in support of the Bryan Avenue Bridge Replacement Project is in the amount of $552,000 federal funding, with local matching funds in the amount of $488,000; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Bryan Avenue Bridge Replacement Project be promptly pursued and that the Mayor be authorized to execute an intergovernmental agreement between the City and CDOT in support thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement between the City and CDOT for the purpose of acquiring $552,000 in federal funds from the Colorado Off-System Bridge Program, and providing $488,000 in local matching funds in support of the Bryan Avenue Bridge Replacement Project. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 017, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CAPITAL PROJECTS FUND FOR THE CITY BRIDGE PROGRAM PROJECT WHEREAS, the City has been awarded a grant from the Colorado Department of Transportation’s Off-System Bridge Program for $552,000 (the “Grant”); and WHEREAS, the Grant is for the replacement of the Bryan Avenue Bridge (the “Bridge”) over Larimer Canal No. 2, which bridge is located just north of the Poudre Fire Authority fire station by City Park; and WHEREAS, based on federal bridge inspection standards, the Bridge has been identified as structurally deficient because it does not have the desired load carrying capacity; and WHEREAS, the total estimated cost of the Bryan Avenue Bridge Replacement is $1,040,000, which will be funded by the Grant, the existing appropriation of $138,000 in the Capital Projects Fund - City Bridge Program which will meet the required local match for the Grant, and by the existing appropriation of $350,000 in the Keep Fort Collins Great Fund - City Bridge Program Project; and WHEREAS, the City Council has adopted Resolution 2012-009 authorizing the City to enter into a contract with the Colorado Department of Transportation for the construction of the Bryan Avenue Bridge Replacement; 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 have determined that the appropriation of the Grant revenue described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues during fiscal year 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund the sum of FIVE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($552,000) for expenditure in the Capital Projects Fund for the City Bridge Program Project. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of March, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk DATE: February 21, 2012 STAFF: Jill Stilwell AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Resolution 2012-010 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. EXECUTIVE SUMMARY The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. BACKGROUND / DISCUSSION The Fort Fund program, established in 1989, disburses funds from the City’s Cultural Development and Programming Account and the Tourism Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax is utilized for this program. Local non-profit organizations may apply to Fort Fund for cultural event support. The City Council-appointed Cultural Resources Board reviews grant applications based on approved guidelines and makes recommendations for Fort Fund disbursements to City Council, pursuant Section 2- 203(3) of the City Code. Fort Fund grants support events that enrich the cultural life of the community, 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 fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events. Applications for support from Tier #2 are accepted each January and June. The Cultural Innovation Fund (CIF) Tier (formerly Tier #4) was established to further the goal of making Fort Collins a cultural center and destination. The CIF Tier grants address a need in the cultural activity of Fort Collins, perpetuate the Tourism Fund by generating over night 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 CIF Tier each April. FINANCIAL / ECONOMIC IMPACTS The Fort Fund program, established in 1989, disburses funds from the City’s Cultural Development and Program Account and the Visitor Events Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax is designated for this use. Local non-profit organizations may apply to Fort Fund for cultural event support and must match the grant amount. These funds were budgeted and appropriated in the 2012 budget. January 2012 Funding Session At its January 25, 2012, regular meeting, the Cultural Resources Board reviewed applications submitted for Tier #2 funding. The Cultural Resources Board reviewed 21 applications with total requests equaling $67,600. February 21, 2012 -2- ITEM 15 The following table summarizes the amount and sources of available funds in 2012: FY 2012 AVAILABLE FUNDING AMOUNT SOURCE $182,166 FY 2012 Cultural Development and Programming Account (Fund 1) $40,750 FY 2012 Tourism Programming Account (Fund 2) $222,916 Total Funding Available for 2012 FUNDS ALLOCATED TO JANUARY 2012 FUNDING SESSION 20% % of Total FY 2012 Funds allocated to the January Funding Session $44,583 Total Funds Allocated to the January Funding Session $36,433 Amount from Cultural Development and Programming Account (Fund 1) $8150 Amount from Tourism Programming Account (Fund 2) The Cultural Resources Board scored each application using the eleven Funding Criteria outlined in the Fort Fund Guidelines (Attachment 1) and discussed each application at the meeting. The Board discussion is outlined in the January 25, 2012 draft minutes (Attachment 2). The Board is recommending disbursement of $32,000 from the City’s Cultural Development and Programming account and $2,250 from the Tourism Programming account, totaling $34,250 to 21 applicants as outlined in Exhibit A to the Resolution. The requests totaled $67,600 and $44,583 was available. Of the total amount requested and considered, 66% is being recommended for funding with available funds. The following table summarizes the utilization of funds from all sources. Recommended Funding % of Total Category $32,000 72% Cultural Development and Programming Account $2,250 5% Tourism Programming Account $10,333 23% Unallocated $44,583 100% Funds Allocated for January Funding Session Economic Impact The non-profit arts are a $15.9 million industry in Fort Collins (Arts & Economic Prosperity III - Americans for the Arts). By awarding these grants, the City is partnering with 21 organizations to leverage a variety of cultural events that contribute to this economic impact and add to the community’s quality of life. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board presents recommendations as to which events should receive funding from the available Cultural Development and Programming and Tourism Accounts. Exhibit A to the Resolution presents the allocations recommended by the Board to the City Council for Tier 2. At its January 25, 2012 meeting, the Cultural Resources Board voted unanimously to recommend adoption of the Resolution. ATTACHMENTS 1. Fort Fund Guidelines 2. Cultural Resources Board minutes, January 25, 2012 1 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 2 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 3 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. 4 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. 5 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. 6 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. 7 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. 8 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). 9 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 10 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. Cultural Resources Board Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.221-6735 970.221-6373 – fax . DRAFT CULTURAL RESOURCES BOARD MINUTES Regular Meeting – Wednesday, January 25, 2012 5:00 p.m. Lincoln Center, 419 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Aislinn Kottwitz Staff Liaison: Jill Stilwell Chairperson: Jan Gilligan Phone: 224-2481 (h) Vice-Chair: Chris Clemmer A regular meeting of the Cultural Resources Board was held on Wednesday, January 25, 2012 at 5:00 p.m. The following members were present: Board Members present: Janet Gilligan, Carol Ann Hixon, John Hayes, Chris Clemmer, Diane Gaede, Maggie Dennis Board Members absent: Francisco Gutierrez Staff Members present: Jill Stilwell, Gail Budner Guests Present: Katy Schneider, FCCVB I. Call to Order: 5:07 p.m. - Ms. Jan Gilligan II. Consideration of agenda: Item V will not be a discussion item at this meeting. The Annual Report is still being amended. Ms. Stilwell will complete it and e-mail it to the Board for their approval before its submission. III. Consideration and approval of minutes from November 17, 2011 and December 15, 2011. Ms. Hixon made a motion to accept the minutes as amended. Mr. Hayes seconded the motion. The motion passed unanimously. IV. Public input: None V. Approval of 2011 Annual Report: N/A VI. Fort Fund - Discussion and funding recommendations: Because of his current employment with KRFC Public Radio for the Front Range, Mr. Hayes abstained from scoring their application. Prior to reviewing and awarding grant monies to the Fort Fund applicants, the Board discussed the quality and the eligibility of the applications and the available budget for this session. The Board then reviewed 21 Tier 2 applications and developed their recommendations for funding as outlined below and on the attached spreadsheet ATTACHMENT 2 2 ALZHEIMER’S ASSOCIATION: Memories in the Making Art Auction Location: Drake Centre , May 31, 2012 This event offers those with early to mid-stage Alzheimer’s disease and related dementias an outlook for creative expression. Amount Requested: $1,500 Amount Recommended: $600 ARCINDA: JAVA and Beyond….An Ultimate in Diversity Location: CSU, September 8, 2012 This event includes an information session about Indonesian culture, a demo on playing Gamelan, an Indonesian product booth, a stage performance, and Javanese Gamelan music, songs and dance. Amount Requested: $1,400 Amount Recommended: $500 ARTISTS ASSOCIATION OF N. COLORADO: 21ST Annual National Art Exhibit & Auction Location: AANC/CoCOA Galleries, April 21 – May 26, 2012 Up to 400 local, regional, national and international artists will be entered in this art exhibition. They will also present a public educational lecture and demonstration. Amount Requested: $3,200 Amount Recommended: $2,500 CENTER FOR FINE ART PHOTOGRAPHY: Center Forward 2012 Location: Center for Fine Art Photography, September 7 – October 20, 2012 / DIA exhibit, November 2012 – March 2013 This annual event includes photography exhibitions, artist and photographic expert lectures, receptions and portfolio reviews Amount Requested: $3,000 Amount Recommended: $1,200 CITY OF FORT COLLINS RECREATIONAL DEPT.: Kites in the Park Kite Festival Location: Spring Canyon Community Park, April 29, 2012 This is a free community event. Highlights include kite making, professional kite flyers and performers, and a presentation featuring cultural clubs from CSU. Amount Requested: $3,000 Amount Recommended: $2,700 COLORADO BACH ENSEMBLE: 2012 – 2013 Season Location: Griffin Hall, CSU, June 29, 2012 This event will be the organization’s inaugural performance. They are a unique professional group dedicated to the study and performances of the music of Johann Sebastian Bach. Amount Requested: $5,000 Amount Recommended: $500 CUS – UNIVERSITY ART MUSEUM: Colorado’s Valentine Location: University Art Museum, October 1 – December 14, 2012 This is an exhibit planned for the Art Museum’s fall exhibition featuring a survey of the work of artist De Wain Valentine, who was born and raised in Fort Collins. Amount Requested: $5,000 Amount Recommended: $4,500 CROSSROADS SAFEHOUSE, INC.: Crossroads Half-Marathon & 5K Location: Buckingham Park, September 16, 2012 This race generates funds for Crossroads Safehouse services and attracts runners from all of the country and throughout Colorado. Amount Requested: $800 Amount Recommended: $250 3 DANCE EXPRESS: Dance Express Fest Location: Bas Bleu Theatre, July 20 – 21, 2012 Audiences for these performances will be those interested in dance, music and performing arts in diverse experiences for persons with disabilities. Amount Requested: $3,500 Amount Recommended: $700 DISABLED RESOURCE SERVICES: Wine Fest 30 Location: Fort Collins Hilton, March 23, 2012 This is an annual Northern Colorado premier wine tasting event with a silent auction. The proceeds benefit Disabled Resource Services. Amount Requested: $1,500 Amount Recommended: $600 JUNIOR LEAGUE OF FORT COLLINS: 30th Annual Garden Tour Location: Warren Shores neighborhood, June 16, 2012 The Tour showcases the possibilities of outdoor living spaces designed by both homeowners and gardening professionals. It is the League’s longest running major fundraising event. Amount Requested: $3,000 Amount Recommended: $1,500 KRFC PUBLIC RADIO FOR THE FRONT RANGE: KRFC 9th Annual Birthday Bash Location: Lincoln Center, March 10, 2012 KRFC’s intent is to create a birthday event that will serve as a celebration of local music and also as an outreach event to interest people in KRFC and their new and diverse local music lineup. Amount Requested: $5,000 Amount Recommended: $1,000 LINCOLN CENTER SUPPORT LEAGUE: Fort Collins Studio Tour Location: The Lincoln Center and various artists’ studios, June 23 – 24, 2012 This self-guided tour will engage the public directly with local artists in Fort Collins, Bellvue and LaPorte, and reveals the diversity of creative, professional artists living and working in our community. Amount Requested: $3,000 Amount Recommended: $2,700 NORTHERN COLORADO INTERTRIBAL POWWOW ASSOCIATION: 20th Annual Spring Contest Powwow and Indian Art Market / High Plains Society for Applied Anthropology Conference Location: Colorado State University Moby Arena and Lory Student Center, April 18 – 22, 2012 NCIPA is collaborating with High Plains Society for Applied Anthropology in presenting a joint conference, powwow, lectures and seminars. Events include literary, performing and visual arts. Amount Requested: $5,000 Amount Recommended: $4,000 OPENSTAGE THEATRE: Casino Royale Location: Lincoln Center, March 24, 2012 This is OpenStage Theatre’s annual fundraising event. It provides its regular patrons, along with new audiences, a unique event with casino gaming and a costume contest. Amount Requested: $5,000 Amount Recommended: $1,000 4 OPERA FORT COLLINS: Afternoon Tea with a Diva Location: Fort Collins Country Club, April 29, 2012 This is a fundraising event for Opera Fort Collins. It is a unique event for all ages that combines a British tea and a live opera performance. Amount Requested: $3,000 Amount Recommended: $1,500 POUDRE LANDMARKS FOUNDATION: PLF’s 40th Anniversary / Dazzling Decades Location: Lincoln Center, May 26, 2012 This event celebrates the organization’s founding in the 1970’s. It will feature member recognition, music, fashion, food, memorabilia and fads from the 70’s era. Amount Requested: $3,000 Amount Recommended: $2,400 POUDRE RIVER PUBLIC LIBRARY DISTRICT: History Comes Alive @ Your Library, Series 2 Location: Front Range Community College, June 29 – November 20, 2012 This free series reinforces the Library District’s new emphasis on literature, readers and writers, and fills a niche for local Chautauqua-quality programming. Amount Requested: $2,700 Amount Recommended: $2,100 ROCKY MOUNTAIN RAPTOR PROGRAM: 2nd Chance at Freedom Dinner and Auction Location: Fort Collins Hilton, February 25, 2012 This event is for people interested in wildlife and the environment. Attendees are given the opportunity to see the raptors up close and personal in a gala setting with music, dinner and a live and silent auction. Amount Requested: $2,000 Amount Recommended: $400 SPOKESBUZZ FORT COLLINS: BandSwap Location: Hodi’s Half Note, Avogadro’s, and TBD, October 1, 2012 This is a unique event promoting the Fort Collins music scene nationwide by importing music fans to Fort Collins while exporting local musicians to partner cities. Amount Requested: $5,000 Amount Recommended: $3,000 SUSTAINABLE LIVING ASSOCIATION: Earth Day Fort Collins Location: Civic Center Park, April 21, 2012 This Earth Day celebration provides activities and events for the entire family to encourage and inspire the community to honor the Earth and to make efforts toward conservation and preservation of our planet. Amount Requested: $3,000 Amount Recommended: $600 Total Funding Requested by Applicants: $67,600 Total Funding Recommended for disbursement by CRB: $34,250 Total Unfunded Balance: $33,350 % of Requests Funded: 53% Ms. Hixon made a motion to submit these recommendations for Fort Fund disbursements to City Council as outlined below Dr. Gaede seconded the motion. The motion passed unanimously. RESOLUTION 2012-010 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE RECOMMENDATIONS OF THE CULTURAL RESOURCES BOARD REGARDING FORT FUND DISBURSEMENTS WHEREAS, the City disburses funds from 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 through its Fort Fund Program; and WHEREAS, the City’s Cultural Resources Board reviews applications for Fort Fund monies and makes recommendations to the City Council in accordance with the provisions set forth in 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, pursuant to Section 25-244 of the City Code, the 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, at its regular meeting on January 25, 2012, the Cultural Resources Board recommended funding for various proposals as set forth on Exhibit “A”, attached and incorporated herein by this reference, based upon the criteria and considerations set forth in Section 2-203 and the Fort Fund Guidelines; and WHEREAS, the proposals recommended by the Cultural Resources Board provide a public benefit to the Fort Collins community by supporting cultural development and programming activities, and promote the utilization of public accommodations within the City; and WHEREAS, the City Council wishes to adopt the recommendations of the Cultural Resources Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that funds in the total amount of THIRTY TWO THOUSAND DOLLARS ($32,000.) in the City’s Cultural Development and Programming Account and TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.) in the City’s Tourism Programming Account be distributed in accordance with the recommendations of the Cultural Resources Board as set forth on Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk EXHIBIT A FORT FUND TIER 2 PERCENT OF FUNDING UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUEST FUND 1 FUND 2 BALANCE FUNDED ALZHEIMER'S ASSOCIATION Memories in the Making Art Auction Location: Drake Centre May 31, 2012 $1,500 $600 $0 $900 40% This event offers those with early to mid-stage Alzheimer's disease and related dementias an outlook for creative expression. ARCINDA JAVA and Beyond…an Ultimate in Diversity Location: CSU September 8, 2012 $1,400 $500 $0 $900 36% The event includes an informational session about Indonesian culture, a demo on playing Gamelan, an Indonesian product booth, a stage performance, and Javanese Gamelan music, songs and dance. ARTISTS ASSOC. OF N. COLORADO 21st Annual National Art Exhibit & Auction Location: AANC/CoCOA Galleries April 21 - May 26, 2012 $3,200 $2,500 $0 $700 78% Up to 400 local, regional, national and international artists will be entered in this art exhibit. They will also present a public educational lecture and demonstration. CENTER FOR FINE ART PHOTOGRAPHY Center Forward 2012 Location: Center for Fine Art Photography September 7 - October 20, 2012 $3,000 $1,200 $0 $1,800 40% DIA Exhibit November 2012 - March 2013 This annual event includes photography exhibitions, artist and photographic expert lectures, receptions and portfolio reviews CITY OF FC RECREATIONAL DEPT. Kites in the Park Kite Festival Location: Spring Canyon Community Park April 29, 2012 $3,000 $2,700 $0 $300 90% This is a free community event. Highlights include kite making, professional kite flyers & performers, and a presentation featuring cultural clubs from CSU. COLORADO BACH ENSEMBLE 2012 - 2013 Season Location: Griffin Hall, CSU June 29, 2012 $5,000 $500 $0 $4,500 10% This event will be the organization's inaugural performance. They are a unique professional group dedicated to the study and performances of the music of Johann Sebastian Bach. CSU - UNIVERSITY ART MUSEUM Colorado's Valentine Location: University Art Museum October 1 - December 14, 2012 $5,000 $4,500 $0 $500 90% This is an exhibit planned for the Art Museum's fall exhibition featuring a survey of the work of artist De Wain Valentine, who was born and raised in Fort Collins. CROSSROADS SAFEHOUSE, INC. Crossroads Half-Marathon & 5K Location: Buckingham Park September 16, 2012 $800 $0 $250 $550 31% This race generates funds for Crossroads Safehouse services and attracts runners from all over the country and throughout Colorado. DANCE EXPRESS Dance Express Fest Location: Bas Bleu Theatre July 20 - 21, 2012 $3,500 $700 $0 $2,800 20% Audiences for these performances will be those interested in dance, music and performing arts in diverse experiences for persons with disabilities. DISABLED RESOURCE SERVICES Wine Fest 30 Location: Fort Collins Hilton March 23, 2012 $1,500 $600 $0 $900 40% This is an annual Northern Colorado premier wine tasting event with a silent auction. The proceeds benefit Disabled Resource Services JUNIOR LEAGUE OF FORT COLLINS 30th Annual Garden Tour CULTURAL RESOURCES BOARD RECOMMENDATION FORT FUND GRANT PROGRAM January 2012 Location: Warren Shores neighborhood June 16, 2012 $3,000 $1,500 $0 $1,500 50% The tour showcases the possibilities of outdoor living spaces designed by both homeowners and gardening professionals. It is the League's longest running major fundraising event KRFC PUBLIC RADIO/FRONT RANGE KRFC 9th Annual Birthday Bash Location: Lincoln Center March 10, 2012 $5,000 $1,000 $0 $4,000 20% KRFC's intent is to create a birthday event that will serve as a celebration of local music and also as an outreach event to interest people in KRFC and their new and diverse local music lineup. LINCOLN CENTER SUPPORT LEAGUE Fort Collins Studio Tour Location: Lincoln Center & various artists' studios June 23 -24, 2012 $3,000 $2,700 $0 $300 90% This self-guided tour will engage the public directly with local artists in Fort Collins, Bellvue and LaPorte, and reveals the diversity of creative, professional artists living and working in our community. N. COLO. INTERTRIBAL POWWOW ASSOC. 20TH Annual Spring Contest Powwow & Indian Location: CSU Moby Arena/Lory Student Ctr Art Market - April 22, 2012 $5,000 $2,000 $2,000 $1,000 80% NCIPA is collaborating with Hiigh Plains Society for Applied Anthropology in presenting a joint conference, powwow, lectures and seminars. Events include literary, performing and visual arts. OPENSTAGE THEATRE Casino Royale Location: Lincoln Center March 24, 2012 $5,000 $1,000 $0 $4,000 20% This is OpenStage Theatre's annual fundraising event. It provides its regular patrons, along with new audiences, a unique event with casino gaming and a costume contest. OPERA FORT COLLINS Afternoon Tea with a Diva Location: Fort Collins Country Club April 29, 2012 $3,000 $1,500 $0 $1,500 50% This is a fundraising event for Opera Fort Collins. It is a unique event for all ages that combines a British tea and a live opera performance. POUDRE LANDMARKS FOUNDATION PLF's 40th Anniversary: Dazzling Decades Location: Lincoln Center May 26, 2012 $3,000 $2,400 $0 $600 80% This event celebrates the organization's founding in the 1970's. It will feature member recognition, music, fashion, food, memorabilia and fads from the 70's era. POUDRE RIVER PUBLIC LIBRARY DIST. History Comes Alive @ Your Library Series 2 Location: Front Range Community College June 29 - November 20, 2012 $2,700 $2,100 $0 $600 78% This free series reinforces the Library District's new emphasis on literature, readers and writers, and fills a niche for local Chautauqua-quality programming. ROCKY MOUNTAIN RAPTOR PROGRAM 2nd Chance at Freedom Dinner & Auction Location: Fort Collins Hilton February 25, 2012 $2,000 $400 $0 $1,600 20% This event is for people interested in wildlife and the environment. Attendees are given the opportunity to see the raptors up close and personal in a gala setting with music, dinner and a live and silent auction. SPOKESBUZZ FORT COLLINS BandSwap Location: Hodi's Half Note, Avogadro's, & TBD October 1, 2012 $5,000 $3,000 $0 $2,000 60% This is a unique event promoting the Fort Collins music scene nationwide by importing music fans to Fort Collins while exporting local musicians to partner cities. SUSTAINABLE LIVING ASSOCIATION Earth Day Fort Collins Location: Civic Center Park April 21, 2012 $3,000 $600 $0 $2,400 20% This Earth Day celebration provides activities & events for the entire family to encourage and inspire the community to honor the Earth and to make efforts toward conservation and preservation of our planet. Total Funding Requested by Applicants $67,600 Total Funding Recommended for disbursement by CRB $32,000 $2,250 Total Unfunded Balance $33,350 % of Requests Funded 53% DATE: February 21, 2012 STAFF: Michelle Provaznik AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Resolution 2012-011 Supporting the City’s Application for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Environmental Education Sites at the Gardens on Spring Creek and Authorizing the Execution of a Grant Agreement. EXECUTIVE SUMMARY The Gardens on Spring Creek is currently applying for a $350,000 Great Outdoors Colorado Local Parks and Outdoor Recreation Grant. Staff is preparing an application for construction of the Environmental Education Sites at The Gardens. These sites include: (1) Foothills Demonstration Site, (2) Prairie Demonstration Site, (3) Wetland Demonstration Site, and (4) the Undaunted Garden, a xeriscape demonstration garden. As part of the application process, Great Outdoors Colorado requires a resolution which indicates the City’s support for the project, verifies that matching funds must be secured, that the project will be maintained in a high quality condition, the land for the project is City-owned, and designates an official to sign the grant agreement. BACKGROUND / DISCUSSION Great Outdoors Colorado (GOCO) provides grant opportunities for eligible government agencies. In the past, the City has been successful in obtaining numerous GOCO grants, including a $200,000 grant for the Children’s Gardens at the Gardens on Spring Creek. Construction of the Foothills, Prairie and Wetland Demonstration Sites and the Undaunted Garden completes over two acres of The Gardens Master Plan. These areas will be designed to educate the public about local eco-systems; inspire residents to add native or xeric plants to their own landscapes; and connect people to nature. Estimated cost of the project is $554,000. FINANCIAL / ECONOMIC IMPACTS The Gardens staff in conjunction with the Friends of the Gardens on Spring Creek board of directors has been raising funds for this project. Currently, $100,000 has been raised in addition to pledged in-kind contributions of $24,000. The Gardens and the Friends are seeking remaining funds of $80,000, through grant opportunities and donations. If this funding is not secured, the project will be scaled back accordingly. Operation and maintenance funding of the project will be approximately $50,000 per year. These O&M costs will be budgeted in The Gardens future budgets and will be raised by earned revenues generated by the facility. ENVIRONMENTAL IMPACTS The Environmental Educational Sites will replace the alfalfa field north of the new Rock Garden. These sites will improve plant diversity at The Gardens and provide additional wildlife habitat. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. February 21, 2012 -2- ITEM 16 PUBLIC OUTREACH The Friends of the Gardens on Spring Creek, the 501(c)3 partner of The Gardens, and the Grants Committee is aware of, and supportive of the grant application. In 1999 – 2000, significant public outreach was done to create the Master Plan of the Gardens on Spring Creek. Each of the Sites proposed are a part of that Master Plan. RESOLUTION 2012–011 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE CITY’S APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE ENVIRONMENTAL EDUCATION SITES AT THE GARDENS ON SPRING CREEK AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WHEREAS, the City is applying for a Local Parks and Outdoor Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund (GOCO) for the City’s horticulture program in the amount of $350,000 to fund construction of four environmental education sites at the Gardens on Spring Creek (the “Project”); and WHEREAS, as part of its grant application process, GOCO requires that the governing body of any entity applying for grant funds show its support for the grant application, and its awareness of the obligations a grant creates, through a resolution of the governing body; and WHEREAS, such resolution is to include a statement of support for the proposed project; a recognition of the need to provide matching funds; a statement verifying that the project will be properly maintained after completion; verification that the real property necessary for the project will be under the control of the applicant or a project partner for at least 25 years; and a statement authorizing a designated official to sign a grant agreement with Great Outdoors Colorado if the grant is awarded; and WHEREAS, City staff and the Friends of the Gardens on Spring Creek have already secured approximately $100,000 of the funds necessary to complete the Project, and the City acknowledges that, should it receive a GOCO grant, it would be responsible for providing the necessary matching funds for the Project in order to meet the obligations of the grant application and agreement; and WHEREAS, the Project is to be built on property owned by the City and, upon completion, it is the City’s intent that the Project will be owned by the City for at least 25 years, subject to the discretion of future City Councils; and WHEREAS, should the City receive a GOCO grant for the Project and complete the Project as planned, the City intends to maintain the Project in high quality condition, subject to the annual appropriation by the City Council of funds sufficient and intended for such purpose, in its discretion; and WHEREAS, the annual maintenance cost for the Project is estimated to be $50,000; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: (1) That in light of the foregoing, the City Council hereby states its support for the City’s application for a GOCO Local Parks and Outdoor Recreation Grant in the amount of $350,000 for the Project. (2) That, should the City be awarded the GOCO grant described in this Resolution, the City Manager is hereby authorized to enter into a grant agreement with the GOCO Board obligating the City to use the grant proceeds to construct the Project, on terms and conditions consistent with this Resolution together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the best interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk DATE: February 21, 2012 STAFF: John Stokes, Mark Sears Daylan Figgs AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT Resolution 2012-012 Authorizing a Revocable Permit for Lafarge West, Inc. to Access and Complete Initial Work to Repair a Breach in the Riverbank Within the Archery Range Natural Area. EXECUTIVE SUMMARY Lafarge West, Inc. owns and operates the Port of Entry (POE) Gravel Mine adjacent to Running Deer and Archery Range Natural Areas. During the spring runoff in 2011, Poudre River flows overtopped the River bank on the northwest corner of the POE Pit and eroded the bank back to the River so deeply that the River bank was breached and the River was completely diverted through the gravel mine and back into the River at the southeast corner of the pit. The breach is partially located within the Archery Range Natural Area. Lafarge has developed a plan to repair the breach and return the Poudre River to its former channel prior to spring 2011 runoff. The revocable permit is needed to allow Lafarge access to the City property and begin implementation of the plan within the time frame being required by the Colorado Division of Reclamation, Mining, and Safety. BACKGROUND / DISCUSSION The Colorado Division of Reclamation, Mining and Safety (CDRMS) conducted a site inspection of the POE Pit and determined that Lafarge was in violation of state mining regulations. In January 2012, the Colorado Mined Land Reclamation Board stated that it would issue an order and requiring a technical revision be submitted within thirty days from the date of the written order describing Lafarge’s plans to return the Cache la Poudre River to the channel that existed prior to the breach. It is anticipated that the order, which has yet to be issued, will also require that substantial steps be taken towards the implementation of the technical revision no later than thirty days from the approval date of the technical revision. Lafarge has developed a plan to repair the breach and return the Poudre River to its former channel. The revocable permit is needed to allow Lafarge to access the City property and begin implementation of the plan within the time frame outlined by CDRMS. A complicating factor to this project is the location of breach; it is located within a River segment that has significant river bank stability issues, primarily due to the historic gravel mining adjacent to the River. Following a series of River breaches in the area in 1997 and again in 1999, the City funded a River Stability Study in 2001 to better understand the bank stability issues and look at methods to address the issues. The City shared the results with the landowners, mining permit holders, and other potentially affected parties in the area, and hosted several meetings in an attempt to develop a comprehensive approach to addressing the bank stability issues. Unfortunately this effort did not result in a comprehensive plan to stabilize the River banks and as a result, breaches like the ones that occurred in 1997 and 1999 have continued. It is important to note that Lafarge’s repair of this breach will not address the overall bank stability issues; as such this project is considered the first phase of a larger project that will occur in the future. The primary focus of Phase I is to repair the breach in the embankment and redirect the River back into its former channel before spring runoff begins in 2012. The City will continue to work with Lafarge and potentially others on the design and implementation of a more comprehensive project addressing the stability issues. In the Phase I project, Lafarge will reconstruct approximately 200 feet of river embankment that occurs both on Lafarge property and Archery Range NA. The embankment side slope will be constructed at a 3:1 slope and armored with rock riprap from the toe of the slope to the top of the River bank. Material used to construct the embankment will be covered with topsoil and seeded to native vegetation. Additional work will occur within the River bed to fill areas scoured out during the breach and remove sediment deposited downstream of the breach. Redirecting the River flow back into the channel will help protect the cottonwood trees and riparian habitat within Running Deer and Archery Range Natural Area. February 21, 2012 -2- ITEM 17 Phase II of the project will be designed after the completion of Phase I and is anticipated to include additional work both on and off the City Property. As part of Phase II, Lafarge will be required to obtain from the City any permanent easements required and meet compensation and mitigation required by the Natural Areas and Conserved Lands Easement Policy. The revocable permit will require Lafarge to obtain a permanent easement for Phase I including all compensation and mitigation requirements. Staff expects to present the Phase I and Phase II easements to the City Council for approval at the same time, and depending upon the details of the work, the terms and conditions for Phase I and Phase II may be consolidated into one easement document. Natural Areas staff recognizes that not having a fully executed easement in place at the time of the repair may pose some risk to the City; however, staff believes that the risk is less than the risk of not allowing the repair to be made until after an easement can be executed. If Lafarge were to wait until after an easement could be executed, it would likely delay the repair to after spring runoff. Staff is concerned that allowing the 2012 runoff event to flow through the gravel pit will cause the breach to enlarge, continue to erode the River bed upstream, and increase the damage to the River channel. Further, the existing River channel is effectively dewatered and continuing this condition may cause irreversible damage to the cottonwood trees and riparian habitat. FINANCIAL / ECONOMIC IMPACTS Lafarge has agreed to pay $1,500 to cover the cost to administer the Phase I Revocable Permit. Prior to implementing Phase II Lafarge will be required to obtain any permanent easements required and compensate Natural Areas for future administrative fees, the value of the easements, and ecological good and service values as outlined in the Easement Policy. ENVIRONMENTAL IMPACTS Impacts that occur during Phase I construction activities will be restored to the current version of the Natural Areas and Conserved Lands Resource Protection Standards. The loss in ecological services that results from granting the revocable permit will be considered in Phase II of the project. Natural Areas will be compensated for this impact through mitigation efforts, cash, or a combination of both as outlined in the Easement Policy. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION At its February 8, 2012 meeting, the Land Conservation and Stewardship Board discussed this topic and voted unanimously to recommend authorization of the revocable permit to LaFarge, Inc. PUBLIC OUTREACH Several meetings have occurred to discuss this project and have involved Larimer County, City of Fort Collins Natural Areas and Utilities Departments, Boxelder Sanitation District, Colorado Department of Water Resources, and the Colorado Division of Reclamation, Mining, and Safety. In addition, this topic was discussed at the Colorado Mined Land Board in January 2012. ATTACHMENTS 1. Location map 2. Land Conservation and Stewardship Board minutes, February 8, 2012 RUNNING DEER NATURAL AREA ARAPAHO BEND NATURAL AREA RIVERBEND PONDS NATURAL AREA VANGBO PROPERTY ENVIRONMENTAL LEARNING CENTER KINGFISHER POINT NATURAL AREA CATTAIL CHORUS NATURAL AREA COTTONWOOD HOLLOW NATURAL AREA ARCHERY RANGE NATURAL AREA EAGLE VIEW NATURAL AREA PROSPECT PONDS NATURAL AREA THE COTERIE TIMBERLINE HARMONY ZIEGLER PROSPECT DRAKE HORSETOOTH HORSETOOTH MAIN 4TH KECHTER COUNTY ROAD 5 BUSS GROVE PROSPECT LINCOLN COUNTY ROAD 7 COUNTY ROAD 9 COUNTY ROAD 36 PRIVATE DRIVE RIVERSIDE COUNTY ROAD 5 HIGHWAY 14 MULBERRY MULBERRY INTERSTATE 25 INTERSTATE 25 Archery Range Natural Area Location Map Natural Areas General City Natural Areas City Open Lands Other Agency Natural Areas Created by City of Fort Collins Natural Areas - 2012 Water Bodies ¹ City Natural Areas City Open Lands Other Agency Natural Areas 0 0.25 0.5 1 Miles ARCHERY RANGE NATURAL AREA ATTACHMENT 1 River Leaves Existing Channel River Returns to Existing Channel F L O W RESOLUTION 2012-012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT FOR LAFARGE WEST, INC., TO ACCESS AND COMPLETE INITIAL WORK TO REPAIR A BREACH IN THE RIVERBANK WITHIN THE ARCHERY RANGE NATURAL AREA WHEREAS, Lafarge West, Inc. (“Lafarge”), owns and operates a gravel mine in Larimer County known as the Port of Entry Pit (the “POE Pit”); and WHEREAS, during spring runoff in 2011, flows in the Cache La Poudre River overtopped the riverbank near the northwest corner of the POE Pit, and the erosive effect of the flows into the POE Pit resulted in a breach of the riverbank that diverted flows from the riverbed into the POE Pit; and WHEREAS, the breach of the riverbank is located on a portion of the City’s Archery Range Natural Area, described on Exhibit “A”, attached and incorporated herein by this reference (the “Permit Area”); and WHEREAS, the Colorado Division of Reclamation, Mining and Safety (“CDRMS”), which permits and regulates mining activities in the State, has determined that the breach constitutes a violation of the legal requirements applicable to Lafarge’s mining of the POE Pit; and WHEREAS, CDRMS has presented its findings to the Colorado Mined Land Reclamation Board at that Board’s January 2012 meeting, and as a result of that discussion of the issue, Lafarge has been directed to develop plans for immediate steps to repair the breach before the 2012 spring runoff, and to prepare a technical permit revision for CDRMS approval; and WHEREAS, although additional analysis and more extensive work will be required to address the river stability issues caused by the proximity of the POE Pit to the river, immediate work is needed in order to prevent aggravation of the existing condition by high flows in the coming months; and WHEREAS, Lafarge has committed to working with the City and with other affected property owners in the vicinity to design and implement more comprehensive measures to address the river stability issues; and WHEREAS, in order to carry out the immediate work to repair the breach, Lafarge has requested that the City grant a revocable permit for access, to and reconstruction of, the riverbank within the Permit Area, consistent with plans to be approved by the City; and WHEREAS, the revocable permit will require that Lafarge cover the reconstructed area with topsoil and suitable native vegetation, and otherwise perform its work in accordance with the City’s Natural Areas and Conserved Lands Resource Protection Standards; and WHEREAS, Lafarge will be required to pay $1,500 to cover City administrative costs associated with processing the requested revocable permit; and WHEREAS, Lafarge will further be required to enter into a permanent easement agreement for ongoing maintenance and repair of the riverbank, and to obtain a permanent easement from the City in order to carry out the future obligations on, and in the vicinity of, the Permit Area; and WHEREAS, it is in the City’s interest for the riverbank to be repaired and reconstructed prior to high flows in spring 2012, and the granting of a revocable permit as described herein will enable that work to proceed; and WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to permit the use of occupation of any street, alley, or public place, provided that such permit shall be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that the granting of a revocable permit, as described herein, is for the benefit of the citizens of Fort Collins and in the interest of the City. Section 2. That the City Manager is hereby authorized to execute such documents as are necessary to grant a revocable permit to Lafarge, consistent with the terms of this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, including any necessary corrections to the legal descriptions thereof that do not result in a material increase or change in character of the Permit Area. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk ARCHERY RANGE NATURAL AREA RUNNING DEER NATURAL AREA ¹ Lafarge Breach POE Pit Project Location Created by City of Fort Collins Natural Areas - 2012 Project Area Larimer County Project Boundary Natural Areas 0 50 100 200 300 400 Feet EXHIBIT A Project Location DATE: February 21, 2012 STAFF: J.R. Schnelzer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Resolution 2012-013 Approving a Two Year Extension of the Second Interim Intergovernmental Agreement among the City, the Downtown Development Authority, the Downtown Business Association and Progressive Old Town Square, LLC, Regarding the Maintenance and Management of Old Town Plaza. EXECUTIVE SUMMARY This Resolution authorizes the City to extend the current Old Town Plaza maintenance and management agreement for two years by amending the existing agreement with the Downtown Development Authority (DDA), the Downtown Business Association (DBA), and Progressive Old Town Square, LLC (POTS). BACKGROUND / DISCUSSION The Old Town Plaza was developed in 1983-84 by a private developer to enhance the businesses in the Old Town area and provide a walking mall for shoppers. The DDA is the owner of this public plaza. In July 1993, Resolution 1993-161 authorized an intergovernmental agreement between the City of Fort Collins, and the DDA and the Fort Collins Old Town Limited Liability Company (FCOT) regarding the maintenance and management of Old Town Plaza, and established a payment in lieu of taxes, in the event the City did not receive a specified minimum tax increment from FCOT. The initial agreement ran for a period of 25 years, with two ten year periods. On October 29, 1993, the City, DDA and Progressive Old Town Square Limited Liability Company (POTS), successor in interest to FCOT, entered into an agreement pursuant to Resolution1993-161. The agreement was for a period of 25 years, with two ten-year extension periods. There were two amendments to the October 29, 1993 agreement: one on May 20, 1994, concerning the provision of electrical energy supply to lights and signs; and another dated August 14, 2000, which provided for enhanced maintenance and capital improvements for Old Town Plaza. On July 13, 2005, the City, DDA and POTS entered into an Interim Agreement redefining and modifying the roles, responsibilities and financial commitments of each of the parties with regard to the use, operation, maintenance and repair of Old Town Plaza and adjacent rights-of-way. The Interim Agreement was for a one-year term while the parties worked on a new permanent agreement to replace the 1993 agreement. All parties met their responsibilities under the Interim Agreement, even after its expiration. A second Interim Agreement, which also included the DBA, was entered into on April 21, 2010, effective retroactively to June 15, 2006, and expiring on December 31, 2011. The parties have not yet been able to negotiate a new permanent agreement, and now wish to enter into an amendment that would extend the Second Interim Agreement, continuing each party’s responsibilities for Old Town Plaza and adjacent rights-of-way for up to another two years, expiring on December 31, 2013. The City, DDA and POTS will each contribute funds for maintenance and repair work, which will be performed by the City. FINANCIAL / ECONOMIC IMPACTS Under the terms of the Second Interim Agreement, the DDA and City each contributed $59,645 as their share of the costs for maintaining Old Town Plaza and the adjacent rights-of-way; POTS contributed $54,566 in 2011 as its share. These amounts will be adjusted annually based on the Consumer Price Index. The agreement provides for the maintenance of the Old Town Plaza. The level of maintenance provided by the City’s Parks Department is superior to the level of maintenance provided before the Parks Department’s involvement. A well- maintained Plaza is an essential element to an attractive and vital Downtown. The success of downtown businesses is enhanced by an attractive Old Town Plaza and their success improves the economic health of the community. February 21, 2012 -2- ITEM 18 ENVIRONMENTAL IMPACTS The current environment of the Old Town Plaza is developed around high intensity use, consisting of raised planter beds, a water feature and hardscape consisting of pavers. The proposed extension of the Interim Agreement will maintain the integrity of the hard surfaces by periodic power washing where all reclaimed water is captured. Flower beds will be installed and maintained, utilizing annual planting and backed up with perennial plants. Watering will be kept to a minimum with needed amounts determined by the weather and temperature. Fertilization will conform to sustainable practices, utilizing organic material as much as possible, and recycled wood products. Staff in the core area will utilize a bicycle mode of transportation as much as possible for the majority of the daily work. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The DDA, DBA and POTS have all approved and executed the First Amendment to Second Interim Agreement, which would extend the agreement for two additional years. ATTACHMENTS 1. Map of service area 2. Scope of work 3. Downtown Development Authority minutes, January 12, 2012 1 Attachment 2 Extension of Second Interim Agreement “Scope of Services” A. The City shall be responsible for the following maintenance tasks in Old Town Plaza, Trimble Court, Tenney Court, and the Rights-of-Way (collectively the “Service Area”): 1. Routine Cleaning and Maintenance. The City will be responsible for cleaning of all surfaces within the Service Area, including but not limited to maintaining the cleanliness of flagstone and concrete surfaces, light standards, trash receptacles, cigarette receptacles, movable planters, flag poles and benches. The City will provide one power washing per week for surfaces in areas where food vendors are permitted to operate, and eight power washings per year for other paver surfaces. The City will repair movable fixtures, including but not limited to benches and trash receptacles. The City is not responsible under this Agreement for repairing permanent fixtures, including but not limited to light standards and flag poles. The DDA agrees to be responsible for repair and replacement of such permanent fixtures, for replacement of all movable fixtures, and for repair or replacement of infrastructure. The DDA may arrange with the City to provide these additional services at the DDA’s expense. 2. Routine Cleaning and Maintenance of the Fountain. The City will apply chemicals, change filters, and be responsible for turning on and shutting off the fountain in Old Town Plaza. The city will drain, clean and refill the fountain as needed. The DDA will be responsible for pump repairs, replacement of fountain components and infrastructure and annual underground pipe cleaning and/or replacement. The DDA may arrange with the City to provide these additional services at the DDA’s expense. 3. Snow Removal. The City will provide snow removal services within the Service Area up to $12,000 per calendar year. The cost of snow removal services in excess of $12,000 per calendar year shall be paid for by the DDA. The City will provide notice to the DDA when snow removal costs have exceeded $9,600 per calendar year. 4. Flower Beds, Movable Planters, Hanging Baskets. The City will design, purchase, install and provide routine maintenance of all plant materials, including seasonal plantings, water, fertilizer, and fall cleanup for beds, planters and hanging baskets located within the Service Area, based on the quantity of materials provided the previous year. Any significant increase or decrease in 2 plantings from the previous year will only be by mutual agreement of the parties. The City will replace plant materials damaged or destroyed by vandalism. Should the DDA request that annual plants be installed prior to May 15 (average date of last frost), the DDA will bear the cost of replacing annual plants damaged by frost, snow, ice or freezing temperatures. The DDA or event sponsor will also reimburse the City for the cost of replacement required as a result of damage during special events, as described in Section D, below, or extreme weather. 5. Routine Litter Control. The City will be responsible for litter control and debris removal within the Service Area, except for special events where the event sponsor is contractually responsible for cleanup, and except as described in Section D, below. While performing its obligations under this Agreement, the City shall be entitled to use the POTS dumpsters located behind Building 11, Old Town Square, at no charge. 6. Statuary. The City will consult with POTS about any maintenance to be done by the City for statuary owned by POTS within the Service Area, and the costs of any such maintenance shall be the responsibility of POTS. The City will consult with the DDA about maintenance to be done by the City for statuary owned by the DDA within the Service Area, and the costs of any such maintenance shall be the responsibility of the DDA. 7. Other. Any other maintenance requests beyond those listed in this Scope of Services can be arranged for between the City and DDA at an additional cost based on time and materials. B. Building 13, Old Town Square. The DDA is responsible for routine maintenance of Building 13, Old Town Square (the “Kiosk”) under the DDA Lease Agreement with POTS. The DDA has arranged for the City to provide janitorial services for the Kiosk under a separate IGA dated August 24, 2007. The City shall have no other responsibility for maintenance of the Kiosk. C. Flags and Holiday Decorations. The City will not be responsible for providing or maintaining holiday decorations, banners or flags, other than holiday lighting as stipulated in the separate Holiday Lighting Agreement dated December 1, 2008, or as the parties may otherwise agree. The City will not be responsible for repairing any vandalism to decorations, banners or flags. The City will assist in set up and removal of holiday decorations, Santa’s House banners or flags, if requested, at an additional cost for time and materials. D. Special Events. If a DDA-or DBA-authorized special event held in the Service Area requires higher than normal levels of trash pickup, repair or replacement of damaged plantings and fixtures, the need for additional power washing, or other cleaning or maintenance services beyond regularly scheduled day-to-day 3 levels in order to return the Service Area to the approximate condition it was in prior to the special event, the City may bill the DDA for such additional services. The DDA must notify the City Parks Department in advance of all DDA- or DBA- scheduled special events occurring within the Service Area, including the expected size and length of the event. E. Level of Service. The City will provide the level of maintenance and repair, snow removal services, and quantity, quality and type of plant materials that it normally and customarily provides in its own programs, and the City, in consultation with the DDA, will make the determination of any needed repair or replacement or the type and manner of such repair or replacement. Repairs and replacements shall be generally consistent with the design of similar improvements in the Old Town Plaza. Beginning on June 30, 2009 and by the same date in each succeeding year during the Term, the City will provide the DDA with a description of services being performed in Old Town Plaza and the Rights-of-Way by the City under this Scope of Services and a breakdown of the cost of each service, and shall further identify any modifications to the levels of service that have been affected by changes in the City’s customary service levels. F. No POTS Responsibility. In accordance with Paragraph 3.2 of the Second Interim Agreement and notwithstanding any limitations on the City’s Scope of Services as set forth in this Exhibit D, POTS shall have no responsibility for maintenance, repair or replacement of improvements within the Old Town Plaza or the Rights-of-Way during the Term hereof provided that it is current in making its required payments under the Second Interim Agreement. Attachment #2: Service area defined. RESOLUTION 2012-013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A TWO-YEAR EXTENSION OF THE SECOND INTERIM AGREEMENT AMONG THE CITY, THE DOWNTOWN DEVELOPMENT AUTHORITY, THE DOWNTOWN BUSINESS ASSOCIATION AND PROGRESSIVE OLD TOWN SQUARE, LLC, REGARDING THE MAINTENANCE AND MANAGEMENT OF OLD TOWN PLAZA WHEREAS, the Downtown Development Authority (DDA) is the owner of certain real property located in Fort Collins, Colorado, known as “Old Town Plaza”, as shown on Exhibit “A”, attached and incorporated herein by reference; and WHEREAS, Old Town Plaza was developed by a private developer in 1983-84 to enhance the Old Town area by providing a pedestrian mall for shoppers; and WHEREAS, Progressive Old Town Square Limited Liability Company (POTS) is the owner of private buildings adjacent to Old Town Plaza, as shown on Exhibit A; and WHEREAS, the Downtown Business Association (DBA) manages Old Town Plaza on behalf of the DDA; and WHEREAS, the City is the owner of certain rights-of-way adjacent to and abutting both Old Town Plaza and the POTS property, as shown on Exhibit A; and WHEREAS, in July, 1993, the City Council approved Resolution 1993-161, authorizing an agreement between the City, the DDA, and POTS’ predecessor in interest; and WHEREAS, on October 29, 1993, in accordance with Resolution 1993-161, the City, DDA and POTS entered into an agreement regarding the maintenance and management of Old Town Plaza and establishing a payment in lieu of taxes (the “1993 Agreement”); and WHEREAS, the parties have since executed two amendments to the 1993 Agreement, the first of which, dated May 20, 1994, had to do with the provision of electricity to lights and signs, and the second, dated August 14, 2000, provided for payments for enhanced maintenance and capital improvements for Old Town Plaza; and WHEREAS, On July 13, 2005, the City, DDA and POTS entered into an agreement modifying the roles, responsibilities and financial commitments of each party with regard to the use, operation, maintenance and repair of Old Town Plaza and adjacent rights-of-way (the “First Interim Agreement”); and WHEREAS, on April 21, 2010, the City, DDA, DBA and POTS entered into a revised agreement regarding Old Town Plaza and the adjacent rights-of way (the “Second Interim Agreement”); and WHEREAS, under the Second Interim Agreement the City and DDA each agreed to contribute $58,931 annually and POTS agreed to contribute $4,500 per month, as their respective shares of the maintenance costs, with these amounts being adjusted annually to reflect changes in the consumer price index; and WHEREAS, the First and Second Interim Agreements were meant to remain in place only until the parties negotiated a new agreement to replace the 1993 Agreement; and WHEREAS, the Second Interim Agreement expired on December 31, 2011; and WHEREAS, the parties have not yet negotiated a new agreement and now wish to extend the Second Interim Agreement on the same terms and conditions; and WHEREAS, a proposed First Amendment to the Second Interim Agreement, which would extend the Second Interim Agreement for up to three more years, is attached and incorporated herein as Exhibit “B”; and WHEREAS, the First Amendment to the Second Interim Agreement has been approved by the DDA, DBA and POTS; and WHEREAS, under the Second Interim Agreement, the City, DDA and POTS would each continue to contribute funds to pay for maintenance and repair work for Old Town Plaza and the rights-of-way, with the City performing the work; and WHEREAS, pursuant to Section 1-22 of the City Code, the City Council is being asked to approve the First Amendment to the Second Interim Agreement by resolution because it is, in part, an intergovernmental agreement between the City and the DDA, and the direct monetary payments to be made by the City exceed $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the First Amendment to the Second Interim Agreement in substantially the form as is shown in Exhibit “B”, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of February A.D. 2012. Mayor ATTEST: City Clerk Exhibit B DATE: February 21, 2012 STAFF: Patti Teraoka AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT Routine Easements. EXECUTIVE SUMMARY A. Easement for construction and maintenance of public utilities from PJM7, LLC, to install an electric switch cabinet, located at 1611 South College Avenue B. Easement for Johnson Investments, to relocate existing electric duct bank, located on South College Avenue, Lot 1, Choice Center. FINANCIAL IMPACTS A. PJM7, LLC will be reimbursed $480. B. Johnson Investments will be reimbursed $12,017. STAFF RECOMMENDATION Staff recommends adoption of these routine easements. ATTACHMENTS 1. PJM7, LLC Location Map 2. Johnson Investments Location Map DATE: February 21, 2012 STAFF: Steve Roy, Karen Cumbo, Ginny Sawyer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT Second Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II, Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council. EXECUTIVE SUMMARY This Ordinance, which is being presented on Second Reading, has been modified in several respects in response to comments and concerns expressed during the public outreach process that has been conducted since First Reading. The changes include: shortening the previously proposed period of time within which the hearing on an appeal must be held; clarifying the form of notice of appeal; eliminating the provision that would have allowed parties-in-interest to file a written response to the notice of appeal; and changing to the provisions dealing with the introduction and handling of new evidence. No changes have been made to two of the amendments that were proposed on First Reading. The amendments that remain the same are: the amendment that would allow a Councilmember to participate in hearing an appeal even if he or she had filed the appeal, and amendments related to the site inspection process. BACKGROUND When this Ordinance was presented to Council on First Reading, there were two proposed amendments that the Council modified before voting in favor of the Ordinance. The first Council modification was to the proposed amendment that would allow parties-in-interest who were opposed to an appeal to file a written response to the notice of appeal. The Council modified that proposal by expanding the group of persons who could file a written response to the notice of appeal so as to include any party-in-interest, rather than just those who were opposed to the appeal. The second change that Council made was to reject a proposed amendment that would have allowed members of the general public to participate in the hearing on an appeal. Second Reading of the Ordinance was postponed in order to allow time for additional public outreach. Staff has conducted three different outreach meetings—two with the general public and one with the Chamber of Commerce-- and additional changes to the proposed Ordinance have been made in response to citizen comments received at these meetings. Summaries of the comments received at each of those meetings are attached. Several concerns raised during the meetings have been addressed by additional revisions to the proposed Ordinance. The concerns expressed and the revisions suggested by staff are as follows: • That the new period of time that staff had suggested for scheduling the hearing on an appeal was too long. Under the Code as presently written, an appeal must be heard no less than 30 nor more than 60 calendar days after the date of filing of the notice of appeal. This time frame has created problems because the City Clerk is sometimes unable to find a date within 60 days that is acceptable to the parties-in-interest and that accommodates the other business that is scheduled for Council’s consideration during that period of time. On First Reading, staff had suggested expanding the period to 120 days. Because of concerns that this expanded time frame would cause undue delay in the processing of a development application, staff is now recommending that the hearing be set as soon as reasonably practicable but no more than 75 days after the date of filing of the notice of appeal. • That the form of the notice of appeal should be clarified. In order to ensure that the notice of appeal contains all the requisite information and does not introduce new information into the appeal process, staff is recommending that language be added to Section 2-49, pertaining to the filing of the notice of appeal, clearly stating that no information other than that specified in the revised version of that section may be included in or attached to the notice of appeal or submitted to or received by the City prior to the hearing on the appeal. In addition, a standardized form has been prepared for the notice of appeal. February 21, 2012 -2- ITEM 24 • That it would be a mistake to allow parties-in-interest to file a written response to an appeal. While a written response could help better frame the issues, the primary concern expressed was that those responses would likely contain new evidence, which would create a need to either disallow the responses or have them modified. Another concern was that adding an opportunity for a written response would lengthen and complicate the process. Staff believes that these concerns have merit; therefore, staff is no longer recommending that parties-in-interest be allowed to file a written response. • That Councilmembers who file an appeal should not participate in hearing the appeal. The concern here is that if a Councilmember feels strongly enough about a decision made by a board or commission or hearing officer to appeal the decision, he or she may not be able to be impartial in deciding the appeal. While staff believes that this concern may have merit, the Council directed that this change be brought forward, so it is still included in the proposed amendments. From a strictly legal standpoint, there is a strong presumption under the relevant case law that administrative decision makers will be impartial. Consequently, it is unlikely that a decision on appeal would be overturned on the grounds of bias merely because one or more Councilmembers who participated in the appeal hearing had asked the Council to review the decision by filing an appeal. • That the way in which new evidence is handled at appeal hearings is confusing and unpredictable. The Ordinance addresses this concern in the following ways. - The opportunity for parties-in-interest to file written materials in advance of the hearing has been eliminated. At present, Section 2-54(b) states that such materials may be filed in the office of the City Clerk up until noon on the Wednesday prior to the hearing as long as any new evidence contained in the materials is limited to that which responds to an allegation that the original decision maker considered evidence that was substantially false or grossly misleading. This provision has proven to be confusing to parties-in-interest and has led to the misconception that written materials other than those permitted under this section can be presented to the Council prior to the hearing on the appeal. - Section 2-57(b), which describes the extent to which new evidence may be considered on appeal, has been amended by the addition of a new subparagraph stating that any new evidence offered by the appellant at the hearing shall be limited to the new evidence that is either described in the notice of appeal or offered in response to Council questions. - A provision has been added to Section 2-57 stating that any party-in-interest may object to the introduction of new evidence at the hearing, and the objection will be ruled on by the Mayor, subject to being overridden by the majority of the Council. • That the changes being recommended to the section relating to site inspections should not allow for individual site inspections without staff or parties-in-interest being present. The changes to the provision relating to site inspections are being recommended in response to questions and concerns that were raised by a citizen during the appeal of the Planning and Zoning Board’s decisions regarding The Grove ODP and PDP. The revised language would, among other things, allow Councilmembers to inspect the site of a proposed development plan either alone or in the company of staff and any parties-in-interest who wish to attend the inspection. Concern was expressed that, if Councilmembers inspect the site without staff present (other than by simply driving by the site), their observations might somehow compromise the integrity of the process and/or lead to misimpressions about the development proposal or its impact upon adjacent properties. However, staff continues to believe that the proposed changes are appropriate, that they will allow for more flexibility in the site inspection process, and that this flexibility is necessary because it is often difficult to find a date and time when all Councilmembers who are interested in viewing the site can attend as a group. In combination, staff believes that the proposed amendments will improve the appeals process and are responsive to the concerns that have been raised during the public outreach. Because a considerable period of time has elapsed since First Reading, the Ordinance shows in blue the changes that have been made since First Reading as well as in comparison to the existing language of the Code. February 21, 2012 -3- ITEM 24 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board discussed the proposed changes at its February 10, 2012 work session and will make a recommendation at its February 16 meeting. This recommendation will provided to Council in the February 21 read before packet. PUBLIC OUTREACH Following First Reading of Ordinance No. 131, 2011, staff hosted a public meeting on November 30, 2011 seeking feedback on the proposed changes. Based on citizen feedback additional changes were made to the Ordinance. On January 27, 2012, staff presented proposed changes to the Chamber Legislative Affairs Committee and on February 1, 2012 another public meeting was held. General notes from all meetings are included as attachments. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - October 4, 2011 (w/o attachments) 2. New form for Notice of Appeal 3. Public Outreach meeting notes, November 30, 2011 4. Chamber Legislative Affairs Committee meeting notes, January 27, 2012 5. Public Outreach meeting notes, February 1, 2012 6. Powerpoint presentation COPY COPY COPY COPY ATTACHMENT 1 DATE: October 4, 2011 STAFF: Steve Roy Karen Cumbo AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT First Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II, Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council. EXECUTIVE SUMMARY This Ordinance makes several changes to the way in which appeals to the City Council are handled. The changes are in response to concerns and suggestions of persons who have participated in recent land use appeals, and to direction provided by the City Council at a Council work session. The changes deal with the following topics: the scheduling of the appeal hearing; the ability of Councilmembers who file an appeal to participate in hearing the appeal; the ability of opponents of an appeal to present their views in writing in addition to presenting argument at the hearing; the manner in which site visits are conducted; the submission of written materials to the Council; and expanding the group of persons who can participate in appeal hearings. BACKGROUND / DISCUSSION Chapter 2, Article II, Division 3 of the City Code establishes a procedure whereby the final decisions of certain boards and commissions and other decision makers can be appealed to the City Council. Most frequently, this appeal process is used for considering appeals from the decisions of the Planning and Zoning Board or the City’s administrative hearing officer on applications for approval of land use proposals. Over the recent past, parties on both sides of the appeal process have expressed concerns about the process and have suggested ways in which it could be improved. On June 14, 2011, at a City Council work session, the Council considered a number of these issues, including the possibility of establishing a “de novo” appeal process in place of the existing “on the record” appeal process. Under a de novo process, the Council would conduct an entirely new hearing on the matter that had been decided by the initial decision maker rather than limiting the evidence at the appeal hearing to the record that was established at the hearing before the initial decision maker. At the conclusion of the work session discussion, the Council indicated a preference for retaining the current appeal process but making several revisions. The proposed revisions to be included in this Ordinance were the following: • eliminating the current provision that prevents Councilmembers who file an appeal from participating in hearing the appeal; • expanding the period of time within which the hearing on an appeal must be scheduled; and • expanding the group of persons who are entitled to speak at an appeal hearing to include members of the general public. Those changes are included in the proposed Ordinance. In addition, City staff has recommended the following additional changes: • creating an opportunity for parties opposed to an appeal to file a statement in opposition to the appeal; • clarifying the extent to which new evidence may be contained in written materials presented to the Council prior to the hearing and in presentations made at the hearing; • clarifying the purpose and procedure for conducting inspections of the site that is the subject of an appeal. COPY COPY COPY COPY October 4, 2011 -2- ITEM 17 The primary purpose behind allowing opponents of an appeal to file a written statement in opposition to the appeal is to give the parties on both sides of the appeal early notice of the other party’s position. In that way, the parties can better prepare and focus their remarks at the appeal hearing. This change should also shorten the time needed at the appeal hearing for the parties to make their oral presentations, especially in the case of appeals that are complex in nature. STAFF RECOMMENDATION Staff is supportive of all of the proposed changes with the exception of expanding participation in the appeal process to allow comment at the appeal hearing by members of the general public in addition to parties-in-interest. Staff is concerned about that proposal for several reasons. First, the City’s decision whether to approve a land use proposal is made through a “quasi judicial” process in which the decision maker (both the initial decision maker and the City Council), determine the rights of particular parties who are directly and immediately affected by the proposal. The decision must be based upon established criteria. Those who have been involved in the process prior to the Council appeal hearing and who are directly affected by a development proposal are more likely to focus their remarks on the facts in the record and the relevant criteria rather than on general policy consideration. Second, the City Code already defines “parties-in-interest” to include not only the applicant, the interest holder in the property that is the subject of the application, and those who live close to the site, but also those members of the general public who sent comments to the initial decision maker or appeared at the hearing before the initial decision maker. Thus, the general public is already able to participate in the process for reviewing land use applications. Third, allowing the general public to speak at the appeal hearing would likely make it more difficult for the Council to hear all persons who wish to speak at the hearing within the limited period of time that is available for presentations at the hearing. Finally, this change could be construed as expanding the group of persons who would have legal “standing” to challenge the Council’s decision in court, in which case, then even nonresidents of the City who have no direct stake in the approval or denial of the particular application could bring such a challenge. Therefore, if the Council decides to make this change, staff recommends that additional language be added on Second Reading expressly stating that the ability of members of the public to speak at the appeal hearing should not be construed as giving those members of the public the right to challenge the City Council’s decision in court. ATTACHMENTS 1. Chart of Appeal Timeline 2. Powerpoint presentation NOTICE OF APPEAL Action Being Appealed: Board, Commission, or Other Decision Maker: Date of Action: Grounds for Appeal (U all that apply): The board, commission or other decision maker committed one (1) or more of the following errors: G Failure to properly interpret and apply relevant provisions of the City Code, the Land Use Code and Charter. List Code and/or Charter sections (by section number only) below: G Failure to conduct a fair hearing in that: G The board, commission or other decision maker exceeded its authority or jurisdiction as contained in the Code or Charter; G The board, commission or other decision maker substantially ignored its previously established rules of procedure; G The board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; (see attached description of any new evidence appellant wishes to submit at the hearing in support of this allegation); or G The board, commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant. (For each allegation marked above, please attach a separate summary of the facts contained in the record which support the allegation. Each summary is limited to two pages, Times New Roman 12 point font. Please restate allegation at top of first page of each summary.) Appellant Representative (if more than one appellant): Name, address, and telephone number(s) of individual appellant authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants regarding the City Attorney’s review of the notice of appeal (City Code Section 2-50). ATTACHMENT 2 Please describe the nature of the relationship of each appellant to the subject of the action of the Board, Commission or other Decision Maker: If appellant has alleged that the decision maker considered evidence relevant to its findings that was substantially false or grossly misleading, describe any new evidence the appellant intends to submit at the hearing on the appeal in support of this allegation. NO NEW EVIDENCE WILL BE RECEIVED AT THE HEARING IN SUPPORT OF THIS ALLEGATION UNLESS IT IS EITHER DESCRIBED BELOW OR OFFERED IN RESPONSE TO QUESTIONS PRESENTED BY COUNCILMEMBERS AT THE HEARING. Appellants: Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Appellants: Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ Phone ______________________________ Date ______________________________ Signature ______________________________ Name ______________________________ Address ______________________________ 1 Ordinance 131‐Changes to the Appeals Process Public Outreach Meeting Wednesday, November 30 from 6 p.m. to 7 p.m. 14 people in attendance Comments related to the Ordinance: Allows Council members who file an appeal to participate in hearing the appeal.  What is the rationale for this?  Seems strange (and concerning) that someone could appeal and then be a decision making on same appeal. Allows parties‐in‐interest to file a response or statement.  Is this reactionary and maybe unnecessary?  Responses need legal review and need to be redacted prior to the hearing.  Who would know in a timely manner at a hearing if new information was being presented?  Does this add too many days to the process?  Does this improve any legal standing of the appeal or the findings?  Who determines if a response is from a Party‐in‐Interest?  By inviting all Parties‐in‐Interest into the appeal process does it mislead people to think it will be a “re‐ hearing” as opposed to an “appeal hearing?”  If Parties‐in‐Interest can write a response will that limit the speaking time at the hearing? Expands the time within which an appeal hearing must be scheduled. (Changes from 60 to 120 days.)  120 days is excessive.  75 to 90 days is more acceptable.  120 days could require a new appraisal or re‐submittal of all financial information.  120 days is punitive and is equivalent to an entire construction season.  The timing of this is bad considering the incredibly difficult financing climate.  What is the standard in other communities? Clarifies the extent to which new information may be presented to Council prior to and during the hearing.  Concerned about what is considered new or reconfigured. Referred to past case where applicant claimed they did not have time to review documents.  Define reconfigured. Clarifies the purpose and procedure for conducting site inspections.  Why is this needed? General Ord. 131 Comments  Timing isn’t good. Public should have been involved prior to First Reading.  It would be good to have a problem statement (backed up with data) showing what the problem is we’re trying to fix.  This ordinance may not help the process. ATTACHMENT 3 2 General Appeal Process Comments  Since we do so few appeals maybe training for Council ahead of time to ensure the process is followed and runs smoothly.  Need a handout or materials outlining the appeal process and objective.  Have a neighborhood meeting prior to an appeal hearing.  The applicant should always be held to a higher standard than the neighbors (they know the process.)  Need a forum for people to voice non LUC related issues and concerns.  Appeal vs. Re‐hearing. Need to be clear and careful in messaging.  Will there be any change to the exparte rule to allow greater dialogue between residents and neighbors?  Need to create assurance amongst public tat the process is good and fair.  Need process changes to limit the length of hearings. No one should be expected to perform well and think clearly at a 6‐8 hour meeting late into the night.  Before anything can move forward we must address the failure of the process and must uphold the LUC.  Verbal arguments at hearing should only address specific elements of the LUC. Can Council control this? Ordinance 131‐Changes to the Appeals Process Chamber Legislative Meeting Friday, January 27, 2012 Comments related to the Ordinance: Allows Council members who file an appeal to participate in hearing the appeal.  Strong concern about this.  Bad public perception.  Is this a change? Was it previously not allowed? What is the history?  Why an exemption for Council to appeal rather than only allowing a Party‐in Interest?  What if it took 3 Councilmembers to appeal? Allows parties‐in‐interest to file a response or statement.  Support this change. Expands the time within which an appeal hearing must be scheduled. (Changes from 60 to 120 days.) 75 days  Support this change and are good with timeline. Clarifies the extent to which new information may be presented to Council prior to and during the hearing.  No discussion on this. Clarifies the purpose and procedure for conducting site inspections.  Concerned about Council inspecting on their own without opportunity for technical explanations and background.  Suggested scheduling inspections at time of appeal (future date) that could be included in the notice and whomever can and wants to attend does so. General Comments  Try to do outreach on the frontend, not between 1st and 2nd readings.  Can an attorney attend on February 1 to better explain technical aspects of the changes?  Consider having a 3rd party moderator at appeal hearing to run the meeting. This would take pressure off the Mayor to remember all protocol and manage time and comments. ATTACHMENT 4 Ordinance 131‐Changes to the Appeals Process Public Outreach Meeting Wednesday, February 1, 2012 Comments related to the Ordinance: Allows Council members who file an appeal to participate in hearing the appeal.  Strong concern about this.  Bad public perception. Feels like a slippery slope.  Is this a change? Was it previously not allowed? What is the history? Why the change?  Suggest that at it take at least 3 or 4 Councilmembers to appeal. Allows parties‐in‐interest to file a response or statement.  Support this change although also see why those involved would want to respond in writing. If written appeals were allowed, ideally it would help (shorten, clarify, keep on track) the entire hearing process. Expands the time within which an appeal hearing must be scheduled. (Changes from 60 to 120 days.) 75 days  Support this change and are good with timeline. Clarifies the extent to which new information may be presented to Council prior to and during the hearing.  There are still questions and concerns regarding who determines what is new evidence during the hearing. Anything not addressing what is included in the filed appeal should not be discussed.  Sec. 2‐57 might need another look. With this language would the pro‐Grove neighbors be allowed to speak as they did at the Grove hearing? Clarifies the purpose and procedure for conducting site inspections.  Concerned about Council inspecting on their own without opportunity for technical explanations and background. Want to ensure that even if Councilmembers go alone that property owners would be notified (particularly if there are residents at the property.)  Who would “police” a solo visit? Now the visits are somewhat regulated and procedural as to method and discussion.  Why the word “inspection” vs “visit?” General Comments  Multiple comments regarding procedure and the need and responsibility for Council to keep the appeal on track (only addressing the merits of the filed appeal) and well run. Appeals should not be a new hearing. Suggestions included a pre‐meeting with all parties to cover the appeal process and what is and is not allowed. Equal time for all parties, no extensions.  Is this an over‐reaction to the Grove appeal?  What are the real improvements in this ordinance?  Over all process needs to be clearly laid out ahead of time (brochure in laymen terms available with appeal paperwork.) Particularly need to address the ex parte issue. People are still not clear what is allowed, when. Freedom of speech issue was raised.  Feeling that Council does not have a good understanding of what quasi‐judicial means and their role. ATTACHMENT 5 1 1 Ordinance No. 131, 2011 Amending the Procedures for Hearing Appeals to the City Council City Council Meeting February 21, 2012 Agenda Item 2244 2 Council Appeal Process Council hears appeals from boards, commissions and hearing officers that make “quasi‐judicial” decisions. City’s appeal process is based on the record of the hearing before the initial decision maker—not an entirely new hearing. Different than a “de novo” hearing. ATTACHMENT 6 2 3 Background Council heard Ord. No. 131 in October 2011. The ordinance proposed numerous changes to the appeal process. Council requested public outreach and input on proposed changes before a second reading. 4 Staff conducted a public meeting in November 2011. Changes were made based on feedback. New changes were presented to the Chamber Legislative Affairs Committee, the P & Z Board, and at a public meeting. Background 3 5 Proposed amendments Councilmembers who file an appeal may participate in hearing the appeal. (No Change) More time for holding appeal hearing –increased from 60 days to 75 days after filing of notice of appeal. (Changed from original recommendation of 120 days.) 6 Revised ordinance: ‐ Limits the information that may be included in a notice of appeal and requires the use of City form. ‐ Eliminates previous recommendation that parties‐in‐ interest have opportunity to file written response. ‐ Clarifies provisions related to new evidence by: ‐ Eliminating submission of written materials prior to hearing on appeal. – Clarifying process for presenting and objecting to any new evidence at the hearing. ‐ Clarifies procedures for site inspections. (No change.) Proposed amendments 4 7 Notice of Appeal Internal Review Must be filed within 14 calendar days of date of decision subject to appeal. Within 5 working days of filing of Notice of Appeal – City Attorney reviews. Within 7 working days of filing of Notice of Appeal – City Attorney’s comments are mailed to Appellant. Within 14 working days of filing of Notice of Appeal - Appellant may file an amended appeal. Site Inspection? Within 10 calendar days of filing of Notice of Appeal, Council may request a site inspection. Notice of Hearing No less than 10 calendar days prior to the hearing date – Notice of Hearing is mailed to parties-in- interest. Hearing Must be held within 75 calendar days of filing of Notice of Appeal. 8 Staff Recommendation Approval of all changes Changes made between First and Second Reading are in blue ORDINANCE NO. 131, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE APPEALS PROCEDURE CONTAINED IN CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PROCEDURES FOR HEARING APPEALS TO THE CITY COUNCIL WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a procedure whereby the final decisions of boards, commissions and other decision makers can be appealed to the City Council (the “Appeals Procedure”); and WHEREAS, City staff has identified a number of issues related to the appeal process that warrant Council consideration, some of which were considered and discussed by the City Council in a work session held on June 14, 2011; and WHEREAS, the issues discussed by the City Council at the work session and the additional issues that have been identified by City staff include the following: • the period of time within which the hearing on an appeal must be scheduled; • the fact that parties-in-interest to an appeal do not have an opportunity to respond in writing to the allegations contained in the notice of appeal that is filed by appellants; • the process for scheduling site inspections; • the role of the public in appeal hearings; and • whether Councilmembers who file an appeal should be able to participate in hearing the appeal; and WHEREAS, the City Council has determined that these issues should be addressed by amendments to the Appeals Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-48(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-48. Appeal of final decision permitted; effect of appeal; grounds for appeal. . . . (c) Appeals filed by members of the City Council need not include specific grounds for appeal, but shall include a general description of the issues to be considered on appeal. Upon the filing of any such appeal, the director of the affected City service area shall identify the specific Code provisions that may pertain to the issues raised by such appeal and shall provide such information to the City Clerk prior to the date that the notice of hearing on the appeal is to be mailed by the City Clerk to parties-in-interest under § 2-54. Said information shall then be mailed to the parties-in-interest together with the notice of hearing. Councilmembers who file an appeal shall not participate in deciding the appeal. Such Councilmembers may, however, participate in the appeal hearing in the same manner as other appellants, notwithstanding the provisions of Paragraph 2-568(c)(2)Councilmembers who file an appeal may participate in hearing such an appeal in the same manner as they participate in hearing appeals filed by other parties-in-interest. Section 2. That Section 2-49 of the Code of Fort Collins is hereby amended to read as follows: Sec. 2-49. Filing of notice of appeal; No other written materials. (a) An appeal shall be taken by filing a notice of appeal of the final decision of a board, commission or other decision maker to which this Division applies with the City Clerk within fourteen (14) calendar days after the action which is the subject of the appeal. Such notice of appeal shall be on a form provided by the City Clerk, shall be signed by all appellants and shall include the following: (1) The action of the board, commission or other decision maker which is the subject of the appeal; (2) The date of such action; (3) The name, address, telephone number and relationship of each appellant to the subject of the action of the board, commission or other decision maker; (4) ForIn all appeals except those filed by members of City Council, the grounds for the appeal, including specific allegations of error and a summary of the facts contained in the record on appeal which support those allegations; and (5) For anyIn the case of an appeal alleging under Subsection 2-48(2)c that a board, commission or other decision maker considered evidence relevant to its findings whichthat was substantially false or grossly misleading, any new evidence the appellant wishes to submit at the hearing on the appeal that tends to prove or disprove such in support of this allegation; and -2- (65) In the case of an appeal filed by more than one (1) appellant, the name, address and telephone number of one (1) such appellant who shall be authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants under the provisions of § 2-50; and (7) any other information required by the City Clerk. (b) No information other than that specified in subsection (a) of this Section shall be included in or attached to the notice of appeal, nor shall any additional written materials be submitted to or received by the City prior to or during the hearing on an appeal. Section 3. That the Code of the City of Fort Collins is hereby amended by the addition of a new Section 2-53 which reads in its entirety as follows and all subsequent section are hereby renumbered accordingly: Sec. 2-53. Submissions related to appeal. (a) Any party-in-interest opposed to the appeal who wishes to respond in writing to the allegations contained in the notice of appeal or amended notice of appeal, as applicable, may do so by filing a written statement with the City Clerk no later than ten (10) days after the date of mailing of notice of the appeal hearing pursuant to Subsection 2-54(a). No new evidence shall be contained within such response unless such new evidence falls within the exception contained in Subsection 2-57(b)(1). Any new evidence contained in the response that does not fall within such exception shall be disregarded by the Council in deciding the appeal, unless that same information is independently provided to the City Council at the hearing under the exceptions contained in Subsection 2-57(2) or (3). (b) Other than the notice of appeal, or amended notice of appeal, as applicable, and a responsive statement filed by one or more parties-in-interest in opposition to an appeal pursuant to Subsection (a) of this Section, no written materials may be submitted by parties-in-interest in advance of the appeal hearing in connection with an appeal. (c) Parties-in-interest may provide copies of, or direct the City Council to, specific evidence in the record of an appeal, but may not reconfigure, revise or otherwise modify materials from the record for the purpose of presentation at the hearing on the appeal. Section 4. That Section 2-54 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-54. Scheduling of the hearing. -3- (a) In the event of an appeal, the City Clerk shall schedule a date forthe hearing on the appeal for a date as early as reasonably practicable but no less than thirty (30) nor more than sixty (60)one hundred twenty (120) more than seventy-five (75) calendar days after the date of filing of the notice of appeal. Written notice of the date, time and place of the hearing shall be mailed by the City Clerk to the appellant and all other parties-in-interest no less than thirty ten (130)ten (10) calendar days prior to the date of said hearing. Said notice shall also include a copy of the notice of appeal or amended notice of appeal, as applicable, and shall inform the parties-in-interest of the period of time within which additional issues may be identified under § 2-56. (b) Any written materials that any party-in-interest may wish the City Council to consider in deciding the appeal and that fall within the exception to new evidence contained in Paragraph 2-57(b)(1) shall be submitted to the City Clerk no later than 12:00 p.m. on the Wednesday immediately preceding the date upon which the hearing on the appeal is scheduled to be held. Such materials shall then be included by the City Clerk in the agenda materials pertaining to the appeal. Section 5. That Section 2-55 of the Code of the City of Fort Collins is amended to read as follows: Sec. 2-55. Site visitsinspection/no ex parte contacts. (a) If a Councilmember wishes to inspect the site of a project development plan or other proposal that is the subject of an appeal, he or she may no later than ten (10) days prior to the date of the hearing on the appeal request that the City Manager schedule such inspection.Councilmembers may inspect the site of an overall development plan, project development plan, or other proposal that is the subject of an appeal, either alone or with City staff present, for the purpose of gaining a better understanding of the physical characteristics of the site and the surrounding area, as well as the issues on appeal. If a Councilmember wishes to schedule a site inspection with City staff present, he or she shall, no later than ten (10) days after the filing of the notice of appeal, request that the City Manager schedule such inspection. Upon receipt of such a request, the City Manager shall forthwith schedule the inspection for a date and time when he or she believes that thea majority of the Councilmembers wishing to inspect the site will be able to attend. The City Clerk shall, no less than five (5) days prior to the date of the hearing on the appealsite inspection, mail notice of the proposed sitesuch inspection to the appellant and to all parties-in-interest to whom notice of the appeal hearing was sent by the City Clerk under Subsection 2-54(a) of this Article. The appellant and all other parties-in-interest shall be entitled to attend such scheduled inspection, along with any members of City staff whose presence is requested by the City Manager. -4- (b) Any Councilmembers conducting a site inspection under thisthe provisions of Subsection (a) above, either alone or with City staff present, shall, at the hearing on the appeal, state on the record any observations they made or conversations they had at the site which they believe may be relevant to their determination of the appeal. The requirements of this provision shall not apply to observations made of the site by Councilmembers during the course of their travels within public rights-of-way adjacent to the site, but only to site inspections conducted for the express purpose of gathering additional information that may assist them in determining the appeal. (c) Nothing in this Section shall be construed to authorize any Councilmember or other officer or employee of the City to enter upon any parcel of real property that is not open to the public without the permission of the owner of such property or the permission of such other person or entity as may be lawfully in possession of the property. (bd) In order to afford all parties-in-interest a fair opportunity to respond to the information upon which the City Council is to base its decision on appeal, and in order to preserve the impartiality of Councilmembers hearing the appeal, all Councilmembers who intend to participate in hearing the appeal shall, to the extent reasonably possible, avoid communications with parties-in-interest and members of the general public regarding the merits of the appeal prior to the hearing on the appeal. Section 6. That Section 2-56(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-56. Procedure at the hearing. (a) At the hearing on the appeal by the City Council, the presentation of argument on the merits of the appeal shall be made in the following order, subject to such limitations in time and scope as may be imposed at the discretion of the Mayor: (1) Explanation of the nature of the appeal and presentation by City staff; (2) Comments by Councilmembers who have visitedinspected the site pursuant to Subsection 2-55(a); (3) Presentation of argument by the appellant and any party-in-interest and/or other member of the public in support of the appeal; (4) Presentation of argument by any party-in-interest and/or other member of the public who is an opponent of the appeal; -5- (5) Rebuttal presentation by the appellant and any party-in-interest and/or other member of the public in support of the appeal; (6) Rebuttal presentation by any party-in-interest and/or other member of the public who is an opponent of the appeal; (7) Councilmember questions of City staff and parties-in-interest; and (8) Motion, discussion and vote by City Council. (b) Factors to be considered in determining the period of time for the presentation of argument on the merits of an appeal shall include, but not be limited to, the complexity of the issues raised in the notice of appeal, the length of the record on appeal, the potential impact that the determination of the appeal may have on the community at large, and the number of parties-in-interest who wish to address the Council with regard to the merits of the appeal. (c) Prior to hearing the presentation of argument on the merits of the appeal, the Mayor may, in his or her discretion, establish a separate period of time during which the Council may first consider and determine, by majority vote, any procedural issues related to the hearing of the appeal, including, but not limited to, the possible introduction or exclusion of certain evidence, the period of time to be allowed by the Mayor for presentation of argument on the merits of the appeal, and any concerns or objections related to the record on appeal. (bd) No person making a presentation to the City Council shall be subject to cross- examination except that members of the City Council and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. (ce) In the event of multiple appeals involving the same decision of a board, commission or other decision maker, the Mayor, in his or her discretion, may modify the procedure contained in Subsection (a) above so as to expedite the hearing of such appeals. Section 7. That Section 2-57(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-57. New evidence; scope of review; alternative actions available to the City Council; date of final action. (a) The City Council shall consider an appeal based upon the record on appeal, the relevant provisions of the Code and Charter, and the grounds for appeal -6- cited in the notice of appeal, together with and the arguments in favor of and opposing the appeal submitted or presented in accordance with the terms of this Article.made by parties-in-interest at the hearing on the appeal; provided however, that Iissues raised during the presentation of argument but not raised in the notice of appeal shall not be considered by the City Council in deciding the appeal. (b) New evidence shall not be considered on appeal except under the following circumstances: (1) When offered in support of or in opposition to an allegation under Subparagraph 2-48(2)c that a board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; (2) When offered by City staff or parties-in-interest in response to questions presented by Councilmembers under Subsection 2-56(a) or (b); (3) When offered by Councilmembers after inspecting the site of the project development plan or other proposal that is the subject of an appeal pursuant to the provisions of Subsection 2-55(a). (c) New evidence offered under subsection (b)(1) above shall be limited to any new evidence that is either described in the notice of appeal or offered in response to questions presented by Councilmembers. (d) Any party-in-interest who believes that new evidence has been improperly introduced into the appeal hearing may, at any time during the hearing, object to the Council’s consideration of such evidence. The Mayor shall rule on such objection, after consultation with the City Attorney if necessary, and the evidence shall either be received and considered by the Council or disregarded by the Council in accordance with the ruling of the Mayor; provided, however, that the Mayor’s ruling on this or any other procedural issue raised during the course of the hearing may be overridden by a majority of the Council. (ce) In considering an allegation that a board, commission or other decision maker failed to properly interpret and apply the relevant provisions of the Code or Charter asserted under Paragraph 2-48(1), the City Council shall determine how such provisions should, in the City Council's judgment, be applied to the evidence contained in the record on appeal. (df) At the conclusion of such hearing, the City Council shall uphold, overturn or modify the decision of the board, commission or other decision maker; provided, however, that: -7- (1) The City Council shall instead remand the matter for rehearing if it finds that the appellant was denied a fair hearing before the board, commission or other decision maker for any of the reasons stated in Paragraph 2-48(2). (2) The City Council may also remand the matter for rehearing in order for the board, commission or other decision maker to receive and consider additional information with regard to any issue raised on appeal. Any such remand shall include direction from the City Council to the board, commission or other decision maker as to the issues to be considered at the rehearing. (eg) No later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. The date of passage of such resolution shall be the date of final action of the City Council for the purpose of any subsequent judicial review of the decision of the City Council. Introduced, considered favorably on first reading, and ordered published this 4th day of October, A.D. 2011, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk -8- Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -9- DATE: February 21, 2012 STAFF: Ginny Sawyer, Jerry Schiager Medical Marijuana Staff Team AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 25 SUBJECT Items Relating to Medical Marijuana. A. Second Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of the City Code Relating to Medical Marijuana. B. Second Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to Medical Marijuana Businesses. C. Second Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers (Option A or Option B). EXECUTIVE SUMMARY On Second Reading of Ordinance No. 011, 2012, staff is presenting two options for Council to consider that deal with the cultivation of medical marijuana in dwelling units that are located in two-family and multi-family dwellings and their accessory structures. Option A would impose the same twelve-plant limit for such structures that applies to single- family dwellings. Option B would entirely prohibit the cultivation of medical marijuana in such structures. Staff is recommending Option A pending further review of the issue. At Council’s direction, staff is also exploring a possible amendment to Ordinance No. 010, 2012, which deals with the permitted uses in various zone districts in the City. This Ordinance, if adopted “as is” on Second Reading, will eliminate all references to medical marijuana businesses in the Land Use Code, thereby also eliminating any zone districts in which the cultivation medical marijuana is specifically permitted. The practical effect of this will be to leave only residential dwelling units as permissible locations for such cultivation. Staff believes that it will be able to present a recommendation to the Council on this subject within the next four to six months, following a public outreach process and review by the Planning and Zoning Board. These Ordinances were unanimously adopted on First Reading on February 7, 2012. BACKGROUND When Council approved these ordinances on First Reading, it gave staff direction to explore two possible changes on Second Reading. The first had to do with Ordinance No. 011, 2012, which contains certain regulations pertaining to the cultivation of medical marijuana by primary caregivers and patients. The Code section that contains these regulations, Section 15-501, limits the number of plants that can be cultivated or kept within, or on the same legal parcel as, a single-family dwelling to twelve plants, only six of which may be mature. However, the Code is silent as to whether cultivation activities may be undertaken in two-family and multi-family dwellings and their accessory structures. When staff first presented this Code section to Council for adoption in March of 2011, staff recommended that the cultivation of medical marijuana in these kinds of structures be prohibited. However, the Council decided against adopting such a prohibition and instead amended the ordinance on second reading to delete the proposed prohibition, thus leaving the Code silent with regard to cultivation in such structures. On Second Reading staff has presented for Council’s consideration two options for dealing with this subject. Option A would impose the same twelve-plant limit for dwelling units in two-family and multi-family dwellings and their accessory structures as exists for single-family dwellings. Option B would ban cultivation in such structures as recommended in March 2011. Staff recommends adoption of Option A. The reason for this recommendation is to ensure that, pending further study, all patients and primary caregivers have the same opportunity to cultivate at their residences. February 21, 2011 -2- ITEM 25 The second issue that staff has been directed to pursue has to do with the areas of the City in which medical marijuana may be cultivated by primary caregivers and patients. In response to the voter-approved ban on medical marijuana businesses that went into effect February 14, 2012, Ordinance No. 010, 2012, amends the City’s Land Use Code to delete all references to such businesses. The effect of this amendment to the LUC is that residential dwelling units will now be the only locations in the City where medical marijuana may be cultivated. At the hearing on First Reading, several primary caregivers and one of their representatives asked that Council reconsider this situation and make available additional areas in the City where they and their patients may lawfully cultivate medical marijuana. Because any additional amendment to the LUC dealing with this issue would require review by the Planning and Zoning Board, and because additional research and outreach will need to be conducted in order for staff to formulate a recommendation on this subject, no other amendments to Ordinance No. 010, 2012, are being recommended at this time. Instead, staff intends to return to Council with a recommendation within the next four to six months. At that point in time, staff will present a comprehensive recommendation to the Council with regard to a system of regulation for the cultivation of medical marijuana by primary caregivers and patients. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments) 2. Medical Marijuana Timeline 3. Powerpoint presentation MMJ Timeline  In late 2009 Medical Marijuana (MMJ) dispensaries and home businesses came to the attention of City staff. There were no local or State regulations in place and therefore people were growing in their homes (any amount legal to them under amendment 20), opening dispensaries (as commercial retail), and operating grows in warehouse environments (as a light industrial use.)  Without regulation and definitions, if police were called to investigate a grow there was not much they could do if the home owner or occupant showed paperwork for patients and their associated plant counts which at a minimum could be 36 plants and could be more if a doctor recommended more than 6 plants for any one patient.  In December 2009 Council passed a 3 month moratorium on any new MMJ licenses (which at that time meant a sales tax license.)  January 2010‐public outreach included individual interviews with MMJ business operators, focus groups with patients, business operators, community members, and a public open house. The LUC changes went to the Planning and Zoning Board February 18, 2010.  February 9, 2010‐Council work session  March 2, 2010‐ staff took the first licensing ordinance and Land Use Code (LUC) amendments to Council. This ordinance also included the 12 plant limit. The LUC amendments, for the first time, defined MMJ businesses. Prior to this time, a dispensary was considered to be a retail store and a cultivation facility was considered a light industrial use. The intent of both ordinances was to effectuate the Colorado Medical Marijuana Code which regulates the retail businesses ‐‐ not caregivers.  March 16, 2010‐Second Reading, included numerous clarifying changes.  April 20, 2010‐First Reading of three ordinances addressing location requirements, combined dispensary and cultivation facilities, and clarifying existing businesses eligible for licensing.  May 4, 2010‐Second Reading  June 1, 2010‐First Reading of an ordinance addressing MMJ business models and maintaining “existing businesses.”  June 15, 2010‐Second Reading  August 17, 2010‐First Reading of a resolution postponing a grandfathering decision and an ordinance amending our Code to be consistent with State Code.  September 7, 2010‐Second Reading.  February 22, 2011‐First Reading of 3 ordinances addressing continued operation (grandfathering), amendments to existing licensing regulations to bring local provisions in line with State law, and associated changes to the LUC.  March 15, 2011‐Second Reading with amendments. Staff can provide Agenda Items for all meetings if further detail and background is needed. ATTACHMENT 2 1 1 Second Reading Proposed Ordinances Related to the Medical Marijuana Ban City Council Meeting February 21, 2012 Agenda Item 25 2 Proposed Ordinances Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of the City Code Relating to Medical Marijuana. Ordinance No. 010, 2012, Amending the Land Use Code to Delete Medical Marijuana Businesses from the Definitions, Permitted Use List, and Other References. Ordinance No. 011, 2012, Amending Chapter 15, Article XVII of the City Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers. ATTACHMENT 3 2 3 Background All three ordinances were approved on First Reading. Staff is bringing two options related to Ord. No. 011. 4 Repeals the sections of the City Code that were enacted to regulate such businesses and reenacts the chapter provisions in a manner consistent with the adopted ballot language. Ordinance No. 009, 2012 3 5 Ordinance No. 010, 2012 Addresses changes specific to the Land Use Code. This Ordinance will delete such businesses from the permitted use lists in Article 4, delete definitions from Article 5, and delete all references in Articles 1 and 3. 6 Ordinance No. 010, 2012 Will limit cultivation by caregivers and patients to residential units. Staff will undertake research and outreach and present a recommendation as to whether any other locations should be made available for non‐commercial grows. 4 7 Ordinance No. 011, 2012 Clarifies regulations applicable to primary caregivers and their patients. 8 Option A Up to 12 plants allowed in single‐family dwelling units and in dwelling units located in two‐family and multi‐ family dwellings. Option B: No cultivating in two‐family and multi‐family dwellings or accessory structures. Ordinance No. 011, 2012 5 9 Recommendation Staff recommends approval of all three ordinances with Option ““AA”” for Ordinance No. 011, 2012 ORDINANCE NO. 011, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS TO ADD ADDITIONAL PROVISIONS REGARDING MEDICAL MARIJUANA PATIENTS AND PRIMARY CAREGIVERS WHEREAS, Chapter 15, Article XVII of the City Code establishes limitations for medical marijuana patients and primary caregivers in the City; and WHEREAS, Chapter 15, Division 1, Article XVI of the City Code authorizes the licensing and regulation of medical marijuana businesses; and WHEREAS, on November 1, 2011, a majority of the registered electors of the City approved a citizen-initiated ordinance that, in effect, required medical marijuana centers, optional premises cultivation operations, and medical marijuana infused products manufacturers to cease operation within the City limits on or before February 14, 2012; and WHEREAS, the closure of those businesses has occurred; and WHEREAS, several provisions currently contained in Chapter 15, Division 1, Article XVI of the City Code are also applicable to medical marijuana patients and primary caregivers; and WHEREAS, the City Council therefore believes it to be in the best interests of the City to modify this article of the City Code to incorporate those provisions; and WHEREAS, in addition, the City Code provisions pertaining to patients and primary caregivers currently establish a limit on the number of plants that may be cultivated or kept within, or on the same legal parcel as, a single-family dwelling but they are silent as to whether such cultivation activities may be conducted within, or on the same legal parcel as, a two-family or multi- family dwelling unit; and WHEREAS, the City Council believes that, pending further staff evaluation and recommendations regarding such cultivation activities, Section 15-501 should be amended to address that subject. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15, Article XVII of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE XVII. MEDICAL MARIJUANA PATIENTS AND PRIMARY CAREGIVERS Sec. 15-500. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Cultivation or cultivate shall mean the process by which a person grows a marijuana plant. Mature plants means a flowering medical marijuana plant that is taller than eight inches and wider than eight inches produced from a cutting, clipping, or seedling and that is in a growing container that is no smaller than two inches wide and two inches tall that is sealed on the sides and bottom. Medical marijuana means marijuana that is grown and sold pursuant to the provisions of the Colorado Medical Marijuana Code and for a purpose authorized by section 14 of article XVIII of the state constitution. Patient shall mean a person who has a debilitating medical condition as defined in Article XVIII, Section 14 of the Colorado Constitution. Primary caregiver shall mean a person, other than the patient and the patient's physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Sec. 15-501. Limitations. Primary caregivers who cultivate, possess or dispense medical marijuana for use by patients, and patients who cultivate or possess medical marijuana for their own medical use, shall be subject to the following limitations: (1) All cultivation of medical marijuana shall be conducted entirely within a building or other fully enclosed structure. OPTION A: (2) Not more than twelve (12) marijuana plants, including no more than six (6) mature plants, may be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. (3) No more than twelve (12) marijuana plants, including no more than six (6) mature plants, may be cultivated or kept within any dwelling unit in a two- family or multi-family dwelling. No such plants may be cultivated within any other structure that is located on the same legal parcel as a two-family or multi-family dwelling. (34) In no event shall a patient or primary caregiver keep, cultivate, grow or process more medical marijuana than such person is entitled to possess under Article XVIII, Section 14 of the Colorado Constitution. -2- OPTION B: (2) Not more than twelve (12) marijuana plants, including no more than six (6) mature plants, may be cultivated or kept within, or on the same legal parcel as, any single- family dwelling. (3) No medical marijuana plants may be cultivated within any dwelling unit in a two-family or multi-family dwelling, or within any other structure that is located on the same legal parcel as a two-family or multi-family dwelling. (34) In no event shall a patient or primary caregiver keep, cultivate, grow or process more medical marijuana than such person is entitled to possess under Article XVIII, Section 14 of the Colorado Constitution. Sec. 15-502. Violations and penalties. Any person, including, but not limited to, any medical marijuana patient or primary caregiver who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1-15 of this Code. Sec. 15-503. No defense or immunity. The practice of providing medical marijuana pursuant to this Article shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have under federal law for the cultivation, possession, sale, distribution or use of marijuana Sec. 15-504. Severability. If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand, notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision. -3- Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4- ORDINANCE NO. 009, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING CHAPTER 15, DIVISION 1, ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO MEDICAL MARIJUANA WHEREAS, in 2010 and 2011, the City Council adopted a series of ordinances adopting and revising a comprehensive system for licensing and regulating medical marijuana businesses in the City; and WHEREAS, a majority of the registered electors of the City that cast votes in the November 1, 2011 City election approved a citizen-initiated ordinance banning medical marijuana businesses in the City limits, with the ban to take effect 90 days after the date of certification of the results of the election; and WHEREAS, on November 16, 2011, the results of the City’s special election were certified, which, under the citizen initiated ordinance, set the date by which all medical marijuana businesses must cease operation within the City as February 14, 2012, at midnight; and WHEREAS, Article II, Section 9 of the City Charter requires that all permanent ordinances of the City be codified; and WHEREAS, accordingly, staff has recommended that Chapter 15, Division 1, Article XVI of the Code be repealed and reenacted consistent with the wishes of the registered electors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Sections 15-450 through 15-493 of Article XVI, Division 1 of the Code of the City of Fort Collins are hereby repealed and the following sections reenacted to read as follows: ARTICLE XVI. MEDICAL MARIJUANA DIVISION 1. IN GENERAL Sec. 15-450. Title; purpose. (a) This Division shall be known and cited as the “Fort Collins Medical Marijuana Ordinance.” (b) The provisions of this Division have been enacted by the City Council for the purpose of implementing and codifying that certain citizen-initiated ordinance adopted by the registered electors of the city as Question 300 at the November 1, 2011, special election. Sec. 15-451. Medical marijuana businesses prohibited. As of 12:01 am on February 15, 2012, no person shall operate a medical marijuana business in the city. For the purposes of this provision, medical marijuana business shall mean a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code. Sec. 15-452. Violations and penalties. Any person who violates any of the provisions of this Division shall be guilty of a misdemeanor punishable in accordance with § 1-15. Secs. 15-453 - 15-499. Reserved. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012., and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Ginny Sawyer, Jerry Schiager Medical Marijuana Staff Team AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT Items Relating to Medical Marijuana. A. First Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of the City Code Relating to Medical Marijuana. B. First Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to Medical Marijuana Businesses. C. First Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers. EXECUTIVE SUMMARY These Ordinances address actions needed as a result of the citizen initiated and voter approved ban on medical marijuana related business. Ordinance No. 009, 2012, repeals the sections of the Code that were enacted to license and regulate such businesses and reenacts those provisions in a manner consistent with the adopted ballot language. The new language bans all medical marijuana business in the City as of 12:01 am, February 15, 2012. Ordinance No. 010, 2012, addresses changes specific to the Land Use Code. It deletes such businesses from the list of permitted uses in Article 4, deletes definitions from Article 5, and deletes all references in Articles 1 and 3. Ordinance No. 011, 2012, adds certain provisions to the Code sections dealing with primary caregivers and their patients. BACKGROUND / DISCUSSION A citizen initiated measure to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-Infused Product Manufacturing within the City of Fort Collins Corporate Limits was approved by the voters on November 1, 2011. All such businesses must close on or before February 14, 2012. The three Ordinances presented bring consistency to both the City Code and the Land Use Code as the City moves forward in implementing the ban on medical marijuana related businesses. Changes are also being made to the provisions dealing with primary caregivers and medical marijuana patients. These provisions would state that: - any person who violates the regulations dealing with patients and primary caregivers commits a misdemeanor criminal offense; - the fact that the City is regulating the use of medical marijuana by patients and primary caregivers should not be construed as creating an exception, defense or immunity for those persons under federal law; and - if any of the provisions dealing with patients and primary caregivers is invalidated by a court, that holding shall not affect the validity of the remaining provisions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. COPY COPY COPY COPY February 7, 2012 -2- ITEM 17 BOARD / COMMISSION RECOMMENDATION At its regular meeting on January 19, 2012, as part of its Consent Agenda, the Planning and Zoning Board voted unanimously to recommend that City Council adopt Ordinance No. 010, 2012, amending the Land Use Code. ATTACHMENTS 1. Powerpoint presentation ORDINANCE NO. 010, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO DELETE ALL REFERENCES TO MEDICAL MARIJUANA BUSINESSES WHEREAS, on November 1, 2011, the voters of the City approved a citizen-initiated ordinance that requires all medical marijuana businesses to cease operations in the City on or before February 14, 2012; and WHEREAS, the Land Use Code currently defines three types of medical marijuana businesses in Article 5 and lists them as permitted uses in a number of zoning districts in Article 4; and WHEREAS, additional references and regulations pertaining to medical marijuana businesses are contained in Articles 1 and 3 of the Land Use Code; and WHEREAS, because these uses will, as of February 14, 2012, be prohibited in the City, staff has, with the concurrence of the Planning and Zoning Board, prepared an ordinance for the purpose of deleting from the Land Use Code all of these references to medial marijuana businesses; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Land Use Code be amended to delete all references to medical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses . . . (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added. Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as follows: 3.8.3 Home Occupations A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met: 2 . . . Section 3. That the table contained in Section 4.16(B)(2)C of the Land Use Code is hereby amended to delete Medical marijuana centers from the section as follows: Land Use Old City Center Canyon Avenue Civic Center C. COMMERCIAL . . . . . . Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to delete Medical marijuana centers from the section as follows: (B) Permitted Uses. . . . 3 C. COMMERCIAL/RETAIL . . . . . . Section 9. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . Section 10. That Section 4.24(B)(2)D of the Land Use Code is hereby amended to delete Medical marijuana option premises cultivation operations and Medical marijuana infused product manufacturers from the section as follows: (B) Permitted Uses. . . . D. INDUSTRIAL Riverside Area All Other Areas . . . Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Permitted Uses. . . . Section 12. That the definitions “Medical marijuana center”, “Medical marijuana- infused products manufacturer” and “Medical marijuana optional premises cultivation operation” contained in Section 5.1.2 of the Land Use Code are hereby deleted . 4 Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Phone ______________________________ Date ______________________________ ATTACH ADDITIONAL SIGNATURE SHEETS AS NECESSARY