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Home My WebLink AboutCOUNCIL - COMPLETE AGENDA - 07/16/2013 - COMPLETE AGENDAKaren Weitkunat, Mayor Gerry Horak, District 6, Mayor Pro Tem Council Chambers Bob Overbeck, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue Gino Campana, District 3 Wade Troxell, District 4 Ross Cunniff, District 5 Cablecast on City Cable Channel 14 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Nelson, 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 July 16, 2013 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring July 21-27, 2013, as Flood Awareness Week. B. Proclamation Declaring August 4-10, 2013 as “Supply Our Students” Week. C. Proclamation Declaring August 11-17, 2013 as National Health Center Week. D. Proclamation Declaring August 6, 2013 as Neighborhood Night Out. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. 1 of 390 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. 28) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 33) 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 24. 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: ! Ordinances 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. Speakers are asked to: ! State your name and address for the record. ! Keep comments brief; if available, provide a written copy of statement to City Clerk. ! Address your comments to Council, not the audience. ! Promptly cease your comments when the allotted time expires. ! You may not yield part or all of your time to another and another speaker will not be credited with time requested but not used by you. ! Applause, outbursts or other demonstrations by the audience are not allowed. 2 of 390 Page 3 6. Second Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates federal grant monies received from the Office of National Drug Control Policy and the Department of Justice to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset operating expenses for each participating agency. The Northern Colorado Drug Task Force currently includes Fort Collins Police Services, the Loveland Police Department, and Colorado Adult Parole. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $170,888 from its forfeiture reserve account to its 2013 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 7. Second Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates medical marijuana application and licensing fees to fund the services provided by a contractual Medical Marijuana Licensing Authority. 8. Second Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates $100,000 split evenly between Stormwater Reserves and Transportation Reserves for 60 feet of frontage restoration between the Block One area of responsibility and the Linden Street bridge. Reimbursement from the City shall be limited to 40% of the total actual costs, not to exceed $100,000. Reimbursements are to cover the restoration of 60 feet of frontage owned by the City of Fort Collins. Eligible costs for reimbursement include design, a conditional letter of map revision (CLOMR) and construction costs. 9. Items Relating to Natural Area Appropriations. A. Second Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. Second Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. Ordinance No. 090, 2013, appropriates previously appropriated funds for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other natural area program needs to benefit the citizens of Fort Collins. Natural Areas has received unanticipated revenues in 2013 and has reasons to need these funds in 2013 to fund a number of land conservation efforts. This Ordinance appropriates $7,310,000: $5,380,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues in the Natural Areas Fund for the purpose of providing Natural Areas Programming not included in the 2013 budget. Ordinance No. 091, 2013, appropriates $1,420,000 from prior year reserves in the Natural Areas Fund for transfer to the Capital Project Fund for the purpose of constructing a new Natural Areas Office building. Both Ordinances were unanimously adopted on First Reading on July 2, 2013. 10. Second Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. This Ordinance, unanimously adopted on First Reading on July 2, 2013, makes a variety of changes, additions and clarifications in the 2013 annual update of the Land Use Code. 3 of 390 Page 4 11. Second Reading of Ordinance No. 093, 2013, Amending Chapter 26 of the City Code to Establish User Fees for Public Use Electric Vehicle Charging Stations. This Ordinance, unanimously adopted on First Reading on July 2, 2013, establishes user fee rates for public use electric vehicle charging stations operated through the City’s public electric vehicle (EV) charging station pilot program. These user fees only apply to the public use charging stations owned and operated by the City of Fort Collins Utility Services. The user fees for use of 240 volt “Level 2” charging stations will be $1.00 per 1 hour charging session and the fee for use of a 480 volt “Level 3” DC quick charger will be $3.00 per session. These fees are calculated to recover the direct energy and payment processing costs associated with each charging session. While user fees for general fund services can be established administratively by the City Manager, Council must establish all Utility Services rates and fees by ordinance. 12. Second Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. The purpose of this Ordinance, unanimously adopted on First Reading on July 2, 2013, is to amend Ordinance No. 068, 2013,extending the period from fifteen to twenty years. Ordinance No. 068, 2013, authorizing conveyance of a Non-Exclusive Utility Easement to Xcel, was adopted in May, and follow- up conversations with Xcel (Public Service Company) require this extension. This easement addresses the location of West Main pipeline at the northwest corner of Harmony Road and Shields Street and provides for the location in the right of way instead of on private property. The City has agreed to pay for any relocation of the approximately 2000 feet of line adjacent to the property that may be necessary in the next twenty years. This is a low-risk option and will be consistent with the location of the pipeline in the Shields Street right of way. In order to document this agreement between the City and Xcel, staff is recommending a Non-Exclusive Pipeline Easement within the Shields Street right of way. 13. Items Relating to Appropriations for Woodward Related Public Improvements. A. First Reading of Ordinance No. 098, 2013, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Natural Areas Fund to the Capital Projects Fund for Woodward Related Public Improvements. B. First Reading of Ordinance No. 109, 2013, Waiving the Application of the Art in Public Places Requirements in Article XII of Chapter 23 of the City Code to Improvements Constructed Pursuant to the City’s Agreement with Woodward, Inc., and the Downtown Development Authority Regarding the Link-N-Green Development. Council approved the public improvement portion of the Woodward incentive package in April 2013. The City of Fort Collins agreed to provide assistance for Woodward’s relocation, construction and expansion. The following are the projects to be funded: Transmission Line Relocation $1,297,080 Right-of-Way Improvements 1,750,000 Open Space Improvements 3,500,000 $6,547,000 The projects will be funded through two sources: $6,047,080 from DDA contributions and $500,000 from 2013 appropriations existing in the Natural Areas Fund. Ordinance No. 109, 2013, exempts the right-of-way improvements under the Woodward Agreement from the requirement to contribute 1% to Art in Public Places because the contribution would not be required if the developer were constructing the Improvements and the City’s management of the right- of-way improvement project is being provided as part of the Woodward incentive package. 4 of 390 Page 5 14. Items Relating to the Completion of the 2013 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, and the City’s Human Services Program (HSP). A. Public Hearing and Resolution 2013-062 Approving the Programs and Projects That Will Receive Funds from the Federal Community Development Block Grant Program, and the City’s Human Services Program. B. Hearing and First Reading of Ordinance No. 099, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Program. C. Public Hearing and Resolution 2013-063 Approving the Fiscal Year 2013 Administration and Project Budgets for the Home Investment Partnership Program. D. Hearing and First Reading of Ordinance No. 100, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Home Investment Partnership Program. Resolution 2013-062 will complete the 2013 spring cycle of the Competitive Process for allocating $1,685,496 in City financial resources to affordable housing projects, public facility activities, public service programs and administration of the program that will receive funding beginning October 1, 2013. Ordinance No. 099, 2013 appropriates the City’s FY 2013 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Resolution 2013-063 establishes the major funding categories within the HOME Program for the FY 2013 program year, which also starts on October 1, 2013. Specific projects for the use of HOME funds will be determined in November as a result of the 2013 fall cycle of the Competitive Process. Ordinance No. 100, 2013 appropriates the City’s FY 2013 HOME Participating Jurisdiction Grant from HUD. 15. First Reading of Ordinance No. 101, 2013, Calling a Special Municipal Election to Be Held in Conjunction with the November 5, 2013 Larimer County Coordinated Election. This Ordinance calls a Special Municipal Election to be held in conjunction with the November 5, 2013 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 20 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 5, 2013 ballot. However, a group of citizens is currently circulating an initiative petition relating to a moratorium on the use of hydraulic fracturing. The deadline to submit the petition to the City Clerk’s Office is August 5, 2013. Adoption of this Ordinance is a required step in preserving the option for City Council to submit the initiated ordinance, and/or any other ballot measures that Council may desire, at the November 5, 2013 Coordinated Election. 16. Items Relating to the Residential Parking Permit Program. A. First Reading of Ordinance No. 102, 2013, Establishing a Residential Parking Permit Zone Program. B. First Reading of Ordinance No. 103, 2013, Amending Various Provisions of the Fort Collins Traffic Code. The purpose of this item is to authorize the City Manager or a designee to implement residential parking permit programs in neighborhoods with parking problems. 5 of 390 Page 6 City staff will develop administrative procedures for the program by working with neighborhoods and residents. The Traffic Code ordinance is needed to make the program enforceable. This program will be phased in over a two-year period as problem areas are identified and residents request assistance. 17. First Reading of Ordinance No. 104, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. This item is a request to expand the boundaries of the Fort Collins Downtown Development Authority (DDA) and amend the Plan of Development of the Authority to include a property in the 100 block of West Laurel Street and adjacent right-of-way on South Mason Street and West Laurel Street. The property includes the current location of Ram Bookstore (northeast corner of West Laurel and South Mason Streets). 18. First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years. Feeding Our Community Ourselves, Inc. wishes to lease 212 West Laporte Avenue to house a non- profit café with a minimal food processing facility. The total yearly lease payment for the property will be a minimum of $44,688. The term of the lease shall be for one (1) year, with renewals on a yearly basis for up to four (4) successive one-year terms. With this lease, either party will have the option to terminate at any time upon a one (1) year advance written notice to the other party. The tenant will be responsible for the taxes, all utilities, communication services, trash services and janitorial services. 19. First Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive Right-of-Way as Dedicated on the Ricketts Harmony Minor Subdivision. The purpose of this item is to vacate a portion of right-of-way along Lady Moon Drive that is no longer necessary or desirable to retain for street purposes. In 1993, the Ricketts Harmony Minor Subdivision, located southeast of Harmony Road and Lady Moon Drive, platted two lots and dedicated additional right-of-way for Cambridge Avenue (now known as Lady Moon Drive). Cambridge Avenue was realigned and constructed in its current alignment with the approval of Harmony Technology Park Second Filing Development Plans on the west side of Cambridge Avenue, which left the portion to be vacated no longer necessary for street purposes. The adjacent property owners have been contacted regarding this vacation and have no objections. All public and private utilities have been notified of the proposed vacation and they report no objections, provided the area is retained as a utility easement. With this Ordinance, the entire area proposed to be vacated will be retained as a utility easement. 20. Resolution 2013-064 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The purpose of this item is to adopt the recommendations from the Cultural Resources Board to disburse Fort Fund grants to community events from the Cultural Development and Programming and Tourism Programming Accounts. 21. Items Relating to the Maintenance of Old Town Plaza. A. Resolution 2013-065 Authorizing the City Manager to Execute the 2013 Old Town Plaza Master Agreement with Restrictive Covenants Between the Downtown Development Authority, Progressive Old Town Square, LLC and the City Regarding Maintenance of Old Town Plaza. B. Resolution 2013-066 Authorizing the City Manager to Execute an Intergovernmental Agreement Regarding Maintenance of Old Town Plaza Between the Downtown Development Authority and the City. 6 of 390 Page 7 The purpose of this item is to consider approval of an agreement between the Downtown Development Authority (DDA), Progressive Old Town Square and the City regarding ownership, operation and maintenance of Old Town Plaza and an agreement between the City and the DDA regarding maintenance and repair of the Plaza. Resolution 2013-065 adopts the 2013 Old Town Plaza Master Agreement with Restrictive Covenants (“Master Agreement”), a three party agreement with the City of Fort Collins, the Downtown Development Authority (and Progressive Old Town Square, LLC (“POTS”). The Agreement redefines the parties’ operation and maintenance obligations for Old Town Plaza, defines POTS’ maintenance payments and how they relate to the purchase of the Kiosk at 13 Old Town Square, acknowledges POTS’ pledge to make a financial contribution towards the renovation of the Plaza, addresses the restrictive covenants set forth during the original construction of the Plaza, and further defines the rules and regulations governing Old Town Plaza. Resolution 2013-066 adopts the Intergovernmental Agreement Regarding Maintenance of Old Town Plaza (“IGA”) between the DDA and the City. The Master Agreement will supersede all previous agreements that defined roles for maintenance and repair/replacement of Plaza infrastructure, and because POTS is being removed from their previous role except for a continuing payment obligation, the City and DDA require an agreement to define their continuing responsibilities related to the operation and maintenance of the Plaza. The approval of these two items by Council will complete a chain of approvals that allow the DDA to acquire the Old Town Plaza Kiosk from POTS and begin steps toward the renovation of Old Town Plaza. 22. Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort Collins-Loveland Water District For Participation in a Joint Regional Water Treatment Solutions Study. Staff proposes to enter into an intergovernmental agreement to fund a joint study to examine options for regional water treatment solutions between the Tri-Districts and the City of Fort Collins. The Fort Collins-Loveland Water District shall be the lead agency entering into the contract with the consultant. The scope of any cooperative solution is strictly limited to creating a business model of receiving raw water, treating it, and returning a finished potable water product to the member entities at a wholesale rate. Options range from remaining independent, additional intergovernmental agreements, combining facilities, or other options to be determined during the investigation phase of the study. Acquisition and control of water rights or raw water storage is not part of this discussion. The utilities would maintain separate control over their raw water and their distribution systems. 23. Resolution 2013-067 Authorizing the Mayor to Sign Additional Intergovernmental Agreements Regarding Funding of Cache La Poudre Watershed Mitigation in Response to the High Park Fire. The purpose of the requested Intergovernmental Agreements is to establish a mechanism to pay for contractor services administered jointly with the City of Greeley and to ensure the City of Fort Collins will receive reimbursement to the extent possible from the Federal government through the EWP funds. Fort Collins submitted to the United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”) an Application for Federal Assistance, seeking NRCS funding for Emergency Watershed Protection (EWP) the City of Fort Collins, City of Greeley, and Larimer County in July 2012. NRCS provided a Notice of Financial Assistance award for initial federal funding through the NRCS Emergency Watershed Protection program in the amount of $7.2 million in February 2013. 24. Resolution 2013-059 Making a Liaison Appointment to the Planning and Zoning Board. This Resolution appoints Karen Weitkunat as liaison to the Planning and Zoning Board, replacing Councilmember Gino Campana. 7 of 390 Page 8 25. Routine Easement. Easement for construction and maintenance of public utilities from Edwards Real Estate Holdings, LLC, to relocate existing underground electric services at 1201 Juniper. END CONSENT 26. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 27. Staff Reports. a. Introduction of Vanessa Fenley, new Director of Homeward 2020. b. Colorado Government Association of Information Technology Organization Award. 28. Councilmember Reports. 29. 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. 30. Items Relating to Oil and Gas Operations. (staff: Laurie Kadrich, Dan Weinheimer, Lindsay Ex; 5 minute staff presentation; 1 hour discussion) A. First Reading of Ordinance No. 106, 2013, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins for a Period of Seven (7) Years. OR 8 of 390 Page 9 First Reading Ordinance No. 107, 2013, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins until Midnight, December 31, 2013. B. First Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include Additional Regulations for Development in Close Proximity to Oil and Gas Operations. The purpose of this item is two-fold: first, to establish a Moratorium on the acceptance and processing of land use applications related to oil and gas until either December of 2013 or for a period of 7 years and second, to establish requirements for proposed residential developments in close proximity to existing oil and gas operations. Item #1 - Moratorium: Ordinance No. 145, 2012, established a Moratorium on the acceptance or processing of land use applications, permit applications, and other applications seeking approval to conduct Oil and Gas Extraction or related operations within the city or on City-owned lands. Council has determined that the seven (7) months established by Ordinance No. 145, 2012, as the duration of the moratorium is insufficient for City staff and City Council to determine the extent to which oil and gas uses may be locally regulated and to properly investigate, develop, and, if appropriate, adopt and implement any additional local regulations related to oil and gas uses in the City in order to protect and preserve the public’s health, safety and welfare. As the Moratorium established by Ordinance No. 145 expires on July 31, 2013, Council will determine whether to establish a moratorium until December 31, 2013 or for seven (7) years. Item #2 - Regulations for Residential Developments in close proximity to existing Oil and Gas Operations: On May 21, 2013, Council adopted the Operator Agreement with the only existing oil and gas operator, Prospect Energy, that requires stringent public health and safety measures be taken during both existing and planned operations within the City of Fort Collins. Neither this agreement nor state regulations address how proposed residential development must respond to existing oil and gas operations. The Land Use Code (LUC) currently contains buffer standards for proposed residential developments within fifty feet (50’) of existing industrial land uses. In order to better buffer proposed residential developments from existing oil and gas operations, the proposed LUC amendments establish a tiered approach to requirements for new residential developments in close proximity to oil and gas operations. Disclosure to future residents is required for any proposed oil and gas development within one thousand feet (1,000’) of an existing operation. If the development is proposed to be closer than five hundred feet (500’) of an existing oil and gas operation, additional screening and protection measures are required. If the subdivision is proposed to be less than three hundred fifty feet (350’) from an existing operation, a Modification of Standard would be required. 31. Items Relating to Urban Agriculture. (staff: Laurie Kadrich, Lindsay Ex; 5 minute staff presentation; 45 minute discussion) A. Second Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. Second Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II and III of the City Code Related to the Care and Keeping of Animals. The purpose of this item is to better align the Land Use and City Code with City Plan by allowing urban agriculture land uses in all zone districts, expand the districts where farmers markets are allowed, and allow a broader range and number of animals to be raised in the City. Ordinance No. 096, 2013, amending the Land Use Code, was unanimously adopted on First Reading on July 2, 2013. These changes include (1) the establishment of an urban agriculture licensing system that will allow urban agriculture in all zone districts and (2) allowing farmers markets in more zone districts in the City. 9 of 390 Page 10 Ordinance No. 097, 2013, amending City Code, was adopted by a 4-3 vote on First Reading on July 2, 2013 (Nays: Campana, Troxell, Weitkunat). The City Code changes include (1) scaling the number of chickens allowed based on lot size, (2) allowing duck hens to be raised, (3) updating the beekeeping Ordinance to reflect current best practices, and (4) allowing two dwarf or pygmy goats per household for milk production. 32. Resolution 2013-068 Supporting the Establishment of a Friendship City Partnership Between the City of Fort Collins and San Cristobal de las Casas, Chiapas, Mexico. (staff: Diane Jones, Ginny Sawyer; 5 minute staff presentation; 15 minute discussion) The municipality of San Cristobal de las Casas, Chiapas, Mexico is highly interested in pursuing a more formal partnership with the City of Fort Collins and has put forth a Friendship City application highlighting the benefits to both communities. The City of Fort Collins requires a Council resolution of support prior to the communities moving forward with development of goals, project implementation, or visitations. 33. Consideration of Citizen-Pulled Consent Items. 34. Other Business. a. Motion to cancel the Regular Council Meeting of August 6, 2013. 35. Adjournment. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. 10 of 390 PROCLAMATION WHEREAS, April to September is the season most commonly associated with snowmelt flooding and thunderstorm flash flooding; and WHEREAS, Fort Collins has experienced the social, economic and environmental consequences of loss of life and damage to property caused by flood disasters; and WHEREAS, emergency preparedness depends on the leadership and efforts of public officials dedicated to public safety; and WHEREAS, emergency preparedness requires the establishment of farsighted and proactive public policy; and WHEREAS, by being informed and prepared, and by taking proper protective action, the people of Fort Collins can reduce the potential for loss of life and damage to property when threatened by these events. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the week of July 21-27, 2013, as FLOOD AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of July, A.D. 2013. __________________________________ Mayor ATTEST: _________________________________ City Clerk 11 of 390 PROCLAMATION WHEREAS, more than 8,500 Poudre School District students who qualify for the Free and Reduced Lunch program will likely struggle to purchase school supplies this year; and WHEREAS, the number of students who qualify for the Free and Reduced Lunch program has increased to more than 32% of 26,097 students; and WHEREAS, currently only about half of the students who qualify are served by existing school supply programs and the need continues to increase; and WHEREAS, the “Supply Our Students” initiative is a collaborative effort comprised of representatives from Volunteers of America, Colorado State University, the OtterCares Foundation, Poudre School District, local faith communities, Concerned Larimer and Realities for Children; Office Max and Townsquare Media; and WHEREAS, the intention of “Supply Our Students Week” is to raise awareness of the need for school supplies and to encourage donations so that all students have access to the supplies necessary to succeed. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim August 4-10, 2013 as SUPPLY OUR STUDENTS WEEK in Fort Collins and I urge all citizens of Larimer County to become actively involved in supporting the Supply Our Students Week through the campaign and donation of school supplies. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of July, A.D. 2013. __________________________________ Mayor ATTEST: _________________________________ City Clerk 12 of 390 PROCLAMATION WHEREAS, Salud Family Health Center, a Community Health Center, is a nonprofit, community-owned and operated health provider serving low-income and medically underserved people in the city of Fort Collins and the surrounding catchment area; and WHEREAS, Salud Family Health Center provides access to quality health care for all people and contains health care costs by fostering prevention and integrating the delivery of primary care with outreach, patient education, translation and other enabling services; and WHEREAS, Salud Family Health Center promotes 100% access and zero health disparities to help achieve health care for all people. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the Week of August 11-17, 2013 as NATIONAL HEALTH CENTER WEEK in the city of Fort Collins and urge citizens to recognize the important contributions of Salud in safeguarding health and improving the quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of July, A.D. 2013. __________________________________ Mayor ATTEST: _________________________________ City Clerk 13 of 390 PROCLAMATION WHEREAS, the first Tuesday night in August is celebrated across the nation as National Night Out; and WHEREAS, the City of Fort Collins, in conjunction with the national event, sponsors a unique community building program on August 6, 2013 called “Neighborhood Night Out;” and WHEREAS, Neighborhood Night Out provides an exceptional opportunity for residents throughout the city to join their neighbors in promoting community and safe neighborhoods; and WHEREAS, the City of Fort Collins plays a vital role in assisting with neighborhood community building, crime prevention, and quality of life enhancement within Fort Collins by supporting “Neighborhood Night Out”; and WHEREAS, it is essential that all citizens of Fort Collins be aware of the importance that their participation can have on the safety and enjoyment of their neighborhood; and WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to help make our community a safe and enjoyable place to live, work and play. NOW, THEREFORE, I Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim Tuesday, August 6, 2013, as NEIGHBORHOOD NIGHT OUT IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of July, A.D. 2013. __________________________________ Mayor ATTEST: _________________________________ City Clerk 14 of 390 DATE: July 16, 2013 STAFF: Greg Yeager AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Second Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates federal grant monies received from the Office of National Drug Control Policy and the Department of Justice to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset operating expenses for each participating agency. The Northern Colorado Drug Task Force currently includes Fort Collins Police Services, the Loveland Police Department, and Colorado Adult Parole. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $170,888 from its forfeiture reserve account to its 2013 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 15 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Greg Yeager AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT First Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. EXECUTIVE SUMMARY Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset operating expenses for each participating agency. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $170,888 from its forfeiture reserve account to its 2013 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. BACKGROUND / DISCUSSION This appropriation is not a request to identify new dollars for the Police Services 2013 budget. This action is taken every year when federal awards are granted and the NCDTF budget is set. This action will appropriate $96,007 and $65,573 in new federal grant money and will authorize the transfer of $170,888 from the forfeiture reserve account for unfunded operating expenses in 2013. The NCDTF currently includes Fort Collins Police Services, the Loveland Police Department, and Colorado Adult Parole. FINANCIAL / ECONOMIC IMPACTS The City has received two grant awards for the operation of the NCDTF. These grants will be used for task force operating expenses. • Office of National Drug Control Policy (2013-HIDTA) in the amount of $96,007. • Edward Byrne Memorial Justice Assistance Grant (2012-2013 JAG) in the amount of $65,573. In addition, $170,888 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins General Fund to establish the 2013 annual operating budget for expenses that are not grant funded. There is no financial impact to the City of Fort Collins as there are no matching funds required. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 16 of 390 ORDINANCE NO. 087, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN ACCOUNTS AND PROJECTS FOR THE MULTI-JURISDICTIONAL NORTHERN COLORADO DRUG TASK FORCE WHEREAS, the Office of National Drug Control Policy and Department of Justice has awarded Fort Collins Police Services (“FCPS”) two grant awards of federal money in the amount of $161,580; and WHEREAS, there is $170,888 in prior forfeiture reserve funds in the Northern Colorado Drug Task Force (the “Task Force”) Reserve in the General Fund; and WHEREAS, the grants and prior reserve funds will be used by the Task Force to help fund the investigation of illegal narcotics activities and the 2013 annual operating budget of the Task Force; and WHEREAS, the Task Force consists of representatives from FCPS, Loveland Police Department, and Colorado Adult Parole; and WHEREAS, the City and FCPS will administer the grant funds for the Task Force; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, not withstanding that such reserves were not previously appropriated; and WHEREAS, City staff has determined that the appropriation of the grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, it is the desire of the City Council to appropriate unanticipated grant revenue and prior reserves in the Task Force Forfeiture Reserve for transfer to the General Fund for appropriation therein for FCPS for the Task Force. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 17 of 390 Section 1. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of ONE HUNDRED SIXTY ONE THOUSAND FIVE HUNDRED EIGHTY DOLLARS ($161,580) for expenditure, upon receipt, in the General Fund for Police Services for the Northern Colorado Drug Task Force. Section 2. That there is hereby appropriated from prior year reserves in the Northern Colorado Drug Task Force Forfeiture Reserve the sum of ONE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED EIGHTY EIGHT DOLLARS ($170,888) for transfer to the General Fund and appropriated therein, for Police Services for the Northern Colorado Drug Task Force. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 18 of 390 DATE: July 16, 2013 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates medical marijuana application and licensing fees to fund the services provided by a contractual Medical Marijuana Licensing Authority. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 19 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT First Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. EXECUTIVE SUMMARY The purpose of this Ordinance is to appropriate medical marijuana application and licensing fees to fund the services provided by a contractual Medical Marijuana Licensing Authority. BACKGROUND / DISCUSSION On November 6, 2012, the registered electors of Fort Collins approved Initiative 301, reestablishing medical marijuana businesses in Fort Collins and creating licensing provisions for such businesses. The licensing provisions included the creation of a Medical Marijuana Licensing Authority (the “Authority”), consisting of a person appointed by the City Manager. To fulfill the need for this service, the City solicited proposals from individuals interested in providing the services required of the Authority, and subsequently entered into a professional services agreement with the law firm of Widner Michow & Cox, LLP, in Centennial, Colorado, for services to be performed by Kathie Guckenberger at a rate of $175 per hour. This rate is consistent with the rate paid for other types of hearing officers serving the City. Widner Michow & Cox dedicates its practice to the representation of Colorado local governments, special districts, and quasi- governmental authorities, and provides other hearing officer services for the City of Fort Collins. When the 2013-2014 budget was developed, Initiative 301 had not yet been placed on the November ballot. Upon approval of the initiative by the voters, staff began to develop a licensing process, fees, and rules and regulations to provide clarity to some of the provisions in the initiative. The City began accepting applications for medical marijuana business licenses, along with application and licensing fees, in late January 2013, with only previously licensed medical marijuana businesses being allowed to apply for the first 90 days. The City received applications for 14 centers, 12 cultivation facilities, and two infused-products manufacturers. Application and licensing fees collected equal $63,000. FINANCIAL / ECONOMIC IMPACTS This Ordinance appropriates $63,000 of unanticipated revenue in the General Fund to cover the cost of services provided by a contractual Medical Marijuana Licensing Authority. Because the City has no prior experience with the time needed to adequately review license applications and conduct enforcement hearings (if needed), it is difficult to project costs for 2013. As of June 14, the Authority has invoiced $8,142 for an initial meeting with staff, research and a legal opinion on the ability of the Authority to grant conditional licenses, consultation with staff and creation of a staff report form for license applications, the drafting of hearing procedures, and other administrative expenses associated with establishing the Authority and its regulatory processes. As of the publication of this agenda, six application files have been submitted to the Authority for review. By law, the Authority has 30 days to render a decision. The Authority’s decision on the first two application files submitted are due on or before July 5. Until such time as the Authority has completed an application file review, and invoiced the City for that review, it is difficult to estimate costs for the remainder of 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 20 of 390 ORDINANCE NO. 088, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND TO FUND THE COSTS ASSOCIATED WITH THE MEDICAL MARIJUANA LICENSING AUTHORITY WHEREAS, on November 6, 2012, the registered electors of Fort Collins approved Initiative 301, reestablishing medical marijuana businesses in Fort Collins and creating licensing provisions for such businesses; and WHEREAS, Initiative 301 provided for a Medical Marijuana Licensing Authority (the “Authority”), to be a person appointed by the City Manager whose operations will be overseen by the City Clerk’s department ; and WHEREAS, the City began accepting applications for medical marijuana business licenses and collecting application and licensing fees in January 2013; and WHEREAS, in February 2013, the City solicited proposals from individuals interested in providing the services required of the Authority; and WHEREAS, one response to the Request for Proposals was received, and upon review and consideration, the City entered into an agreement with the respondent to perform such service; and WHEREAS, funding is needed to cover the costs of the Authority's services for the remainder of 2013; 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, application and licensing fees in the amount of $63,000 have been collected to date, and are available to cover the costs associated with establishing and operating the Authority. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the General Fund the sum of SIXTY-THREE THOUSAND DOLLARS ($63,000) to the City Clerk’s Department to fund the services provided by the Medical Marijuana Licensing Authority. 21 of 390 Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 22 of 390 DATE: July 16, 2013 STAFF: Bruce Hendee Jon Haukaas AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates $100,000 split evenly between Stormwater Reserves and Transportation Reserves for 60 feet of frontage restoration between the Block One area of responsibility and the Linden Street bridge. Reimbursement from the City shall be limited to 40% of the total actual costs, not to exceed $100,000. Reimbursements are to cover the restoration of 60 feet of frontage owned by the City of Fort Collins. Eligible costs for reimbursement include design, a conditional letter of map revision (CLOMR) and construction costs. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 23 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Bruce Hendee Jon Haukaas AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT First Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance appropriates $100,000 split evenly between Stormwater Reserves and Transportation Reserves for 60 feet of frontage restoration between the Block One area of responsibility and the Linden Street bridge. Reimbursement from the City shall be limited to 40% of the total actual costs, not to exceed $100,000. Reimbursements are to cover the restoration of 60 feet of frontage owned by the City of Fort Collins. Eligible costs for reimbursement include design, a conditional letter of map revision (CLOMR) and construction costs. BACKGROUND / DISCUSSION Linden Bridges LLC has purchased 418 Linden Street with the intent to build a larger project called Encompass-River District Block One Mixed Use Development (“Block One”). The project will include the development of multi-family housing, retail, restaurant, and Encompass Technologies headquarter. Block One sits next to the bridge that carries Linden Street across the Poudre River. The project is within the City’s River Downtown Redevelopment District, which includes the area just northeast of Old Town Square including Jefferson, Linden, and Willow Streets and Lincoln Avenue. The River Downtown Redevelopment District is a component of the City Plan’s Poudre River Corridor. Block One is required to restore approximately 100 feet of frontage along the Poudre River, which leaves approximately 60 feet of frontage between the Block One area of responsibility and the Linden Street bridge. Block One owners have agreed to prepare the design, CLOMR, and construction costs for all 160 feet of frontage with the understanding that the City will reimburse 40% of the total actual costs, not to exceed $100,000. The appropriation of reserve funds is for the City’s 60 feet of frontage restoration between Block One’s area of responsibility and the Linden Street bridge. FINANCIAL / ECONOMIC IMPACTS Staff is requesting an appropriation for up to $100,000 split evenly between Stormwater Reserves and Transportation Reserves for the reimbursement of 40% of actual costs incurred by the Block One owners for the design, CLOMR and construction costs for the 160 feet of frontage restoration along the Poudre River. This reimbursement shall be split evenly between Stormwater and Transportation Reserves. ENVIRONMENTAL IMPACTS The frontage restoration improvements include a proposed tiered streambank stabilization plan that includes native plants, native rock, and two small retaining walls, which will be obscured by the planted vegetation. The design is based on the vision set forth in the Poudre River Enhancement Project, an addendum to the Poudre River Drainage Master Plan. An interdisciplinary team will oversee the tree mitigation and pruning efforts on the site, including the City Forester and the City’s Environmental Planner. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 24 of 390 COPY COPY COPY July 2, 2013 -2- ITEM 11 ATTACHMENTS 1. Site map 25 of 390 ORDINANCE NO. 089, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION SERVICES FUND AND IN THE STORMWATER FUND FOR THE RESTORATION OF 60 FEET OF FRONTAGE ALONG THE POUDRE RIVER OWNED BY THE CITY OF FORT COLLINS WHEREAS, Linden Bridges, LLC has purchased 418 Linden Street with the intent to build a larger development called Block One, which will include apartment units, retail space, a restaurant, and the Encompass Technologies headquarters; and WHEREAS, Block One is on the banks of the Poudre River, sits next to the Linden Street bridge and is within the City’s River Downtown Redevelopment District, which is a component of the City Plan’s Poudre River Corridor; and WHEREAS, Block One is required to restore approximately 100 feet of frontage along the Poudre River, which leaves an unrestored area owned by the City of approximately 60 feet of frontage between the Block One area of responsibility and the Linden Street bridge; and WHEREAS, the Block One owners have agreed to pay the design costs, the cost of a conditional letter of map revision, and the construction costs for all 160 feet of river frontage; and WHEREAS, the City will reimburse the Block One owners for the 60 feet of river frontage on City property at no more than 40% of the total actual costs, not to exceed $100,000; and WHEREAS, the City’s cost will be split evenly between the Stormwater Fund and the Transportation Services Fund; and WHEREAS, funds are available in the Stormwater Fund prior year reserves and in the Transportation Services Fund prior year reserves; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the Stormwater Fund the sum of FIFTY THOUSAND DOLLARS ($50,000) to be applied toward the reimbursement of the costs attributable to the restoration of 60 feet of frontage along the Poudre River owned by the City of Fort Collins. 26 of 390 Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Services Fund the sum of FIFTY THOUSAND DOLLARS ($50,000) to be applied toward the reimbursement of the costs attributable to the restoration of 60 feet of frontage along the Poudre River owned by the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 27 of 390 DATE: July 16, 2013 STAFF: John Stokes AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Items Relating to Natural Area Appropriations. A. Second Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. Second Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY Ordinance No. 090, 2013, appropriates previously appropriated funds for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other natural area program needs to benefit the citizens of Fort Collins. Natural Areas has received unanticipated revenues in 2013 and has reasons to need these funds in 2013 to fund a number of land conservation efforts. This Ordinance appropriates $7,310,000: $5,380,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues in the Natural Areas Fund for the purpose of providing Natural Areas Programming not included in the 2013 budget. Ordinance No. 091, 2013, appropriates $1,420,000 from prior year reserves in the Natural Areas Fund for transfer to the Capital Project Fund for the purpose of constructing a new Natural Areas Office building. Both Ordinances were unanimously adopted on First Reading on July 2, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 28 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: John Stokes AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Items Relating to Natural Area Appropriations. A. First Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. First Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY Prior to 2004, the Natural Areas Department was housed within the Capital Projects Fund and, therefore, funds did not lapse from year to year. During 2004, in order to comply with the Governmental Accounting Standards Board, Natural Areas appropriations and funding sources were moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds need to be appropriated into the following year’s budget before they can be spent. The purpose of the previously appropriated funds remains the same: land conservation, construction of public improvements, restoration of wildlife habitat and other natural area program needs to benefit the citizens of Fort Collins. Natural Areas has received unanticipated revenues in 2013 and has reasons to need these funds in 2013 to fund a number of land conservation efforts. Ordinance No. 090, 2013, will appropriate $7,310,000: $5,380,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues in the Natural Areas Fund for the purpose of providing Natural Areas Programming not included in the 2013 budget. Ordinance No. 091, 2013, will appropriate $1,420,000 from prior year reserves in the Natural Areas Fund for transfer to the Capital Project Fund for the purpose of constructing a new Natural Areas Office building. BACKGROUND / DISCUSSION The funds for the Natural Areas Department come from the following designated sources of revenue, including the City: Open Space Yes! sales tax; the Larimer County - Help Preserve Open Space sales tax; and, miscellaneous unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from easements, leases or grants. The total prior year reserve funds appropriated with these two ordinances is $6,800,000: $5,380,000 for Natural Areas Programming and $1,420,000 for a new Natural Areas Office building. The unanticipated 2013 revenues being appropriated are more specifically described: $ 80,000 PRPA - Woodward Power Line Easement Fees and Mitigation Fees 100,000 Pending Donation to the purchase of Coy Ditch Water Rights 750,000 Natural Areas’ portion of the Xcel Gas Line Mitigation Funds 300,000 Revenues - sale of the Vangbo Property with a Conservation Easement 700,000 Revenues - sale of the Maxwell Property with a Conservation Easement $1,930,000 Unanticipated 2013 Revenues Therefore, the total amount appropriated with these two Ordinances is $8,730,000: $6,800,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues. 29 of 390 COPY COPY COPY July 2, 2013 -2- ITEM 12 The anticipated use of these funds is as follows: Natural Areas Fund - $7,310,000 • Land Conservation - $5,124,270. $3,194,270 from prior year reserves and $1,930,000 from the 2013 unanticipated revenues will be used for land conservation efforts per the Land Conservation and Stewardship Master Plan. • Rangers - $28,000 from prior year reserves to fund upgraded radios to be compatible with police radios. • Education - $12,500 from prior year reserves to fund unanticipated program needs: to complete the Soapstone Prairie history research and documentation project started in 2012; and to fund the cost to hire a consultant to prepare a State Historical Grant. • Resource Management - $1,365,000 from prior year reserves to fund several major habitat restoration projects along the Poudre River in 2013-14. • Public Improvements - $742,815 from prior year reserves to complete public improvement projects that are underway of which $478,217 are unspent funds designated for contribution to Parks’ paved trails system; $125,500 in matching funds for the GOCO grant to construct a new trail head parking lot at Arapaho Bend; complete the trail and parking lot at Reservoir Ridge; complete the trails at Pelican Marsh; construct educational kiosks at ten sites along the Poudre River; and a number of smaller trail improvements. • Facility Operations - $37,415 from prior year reserves to complete facility maintenance projects that are underway: Reservoir Ridge caretaker house; storage shed at the Nix Farm operations center; and miscellaneous supplies and maintenance work. Capital Projects Fund - $1,420,000 • New Natural Areas Office Building - $1,420,000 from prior year reserves is being appropriated to construct the new office building which will be located at Nix Farm, adjacent to an existing office building and operations shop, this is in addition to $440,000 that was appropriated in the 2013 budget to remodel/reconstruct an existing historic farm house into a useable office building. Upon further review of office needs and analysis of the existing structure; it was determined that a much larger office was needed, and the existing farm house could not be reconstructed to meet those needs. An appropriate sized office building is currently being designed, that will allow for some future growth. The cost of the 4,200 square foot office building project is estimated to be $1,860,000, based upon the preliminary design. The goal is to build this new office building to be LEED Gold certifiable; it will not actually be certified since its size is under the City’s policy of certifying buildings over 5,000 square feet. The new office building will provide much needed office and meeting space for the seven Natural Areas employees that are currently housed downtown at 215 N. Mason and for the five Natural Areas Education staff that are currently housed in the existing Natural Areas Office at Nix Farm. The office space being freed up at 215 N. Mason will provide more office space for Environmental Services and the office space being freed up in the existing Natural Areas Office Building will free up space for existing staff that have been doubling up in the existing offices for years. The new building will have needed space for a multipurpose room that will serve as a class room, a conference room and a work room for our volunteers and three offices for future growth. The project appropriation of $1,420,000 includes $14,200 for 1% Art in Public Places (APP). Of this amount $11,076 will be transferred to the APP project in the Cultural Services and Facilities Fund for the artwork and the remaining $3,124 will be transferred to the same fund for the maintenance of the artwork and operations of the APP program. The 2013 project budget of $440,000 included a transfer of $4,400 for APP so the total amount transferred for APP will be $18,600 or 1% of the total project cost. 30 of 390 COPY COPY COPY July 2, 2013 -3- ITEM 12 FINANCIAL / ECONOMIC IMPACTS Ordinance No. 090, 2013 increases 2013 appropriations in the Natural Areas Fund by $7,310,000: $5,380,000 is funded by prior year reserves and $1,930,000 is funded with 2013 unanticipated revenues. Ordinance No. 091, 2013, increases 2013 appropriations in the Natural Areas Fund by $1,420,000, which will come from prior year reserves. The total amount appropriated with these two Ordinances is $8,730,000, with a total of $6,800,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. ATTACHMENTS 1. Nix Farm Location map 2. Site map and Building drawings 31 of 390 ORDINANCE NO. 090, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUES IN THE NATURAL AREAS FUND FOR THE PURPOSE OF PROVIDING NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2013 ADOPTED CITY BUDGET WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, the Natural Areas Fund has unspent and unencumbered appropriations and additional revenue from 2012 in excess of $5,380,000 and 2013 unanticipated revenue in the amount of $1,930,000; 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 Natural Areas 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 11 of the City Charter requires that all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except that appropriations for capital projects and federal or state grants do not lapse until the completion of the capital project or until the expiration of the federal or state grant; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and 32 of 390 WHEREAS, City staff recommends appropriating from prior year reserves in the Natural Areas Fund $5,380,000 and from unanticipated revenue in 2013, $1,930,000 for a total amount of $7,310,000 to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the Natural Areas Fund the sum of FIVE MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS ($5,380,000) to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Natural Areas Fund the sum of ONE MILLION NINE HUNDRED THIRTY THOUSAND DOLLARS ($1,930,000) to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 33 of 390 ORDINANCE NO. 091, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS TO THE CAPITAL PROJECTS FUND FOR THE NATURAL AREAS OFFICE BUILDING PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the current Natural Areas Office Building is a two-story historic farm house located at the Nix Farm that was remodeled in 2002 to house the Natural Areas Department staff which was less than 20 permanent employees; and WHEREAS, with the growth of the Natural Areas Department, the 2013 budget appropriated $440,000 to construct an additional office building at Nix Farm for the Natural Areas staff by adding to and remodeling the existing two-story historic farm house; and WHEREAS, after further review of office needs and analysis of the existing farm house, it has been determined that a much larger office space is needed and the existing farm house cannot be reconstructed to meet those needs; and WHEREAS, a new Natural Areas office building that will allow for future growth is currently being designed for construction adjacent to an existing office building and operations shop at the Nix Farm; and WHEREAS, based on the preliminary design, the total cost of a 4,200 square foot office building is currently estimated to be $1,860,000; and WHEREAS, additional funds in the amount of $1,420,000 are needed to build the office structure and these funds are available from prior year reserves in the Natural Areas Fund; and WHEREAS, $14,200, which represents one percent of the additional appropriation for the new office building, must be transferred to the Cultural Services and Facilities fund for the Natural Areas cost center contribution to the Art in Public Places (APP) program, with $11,076 reserved for the APP artwork project and $3,124 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged; and 34 of 390 WHEREAS, the additional appropriation of $1,420,000 herein, would be applied to the same purpose as the original $440,000 in the 2013 budget appropriation; and WHEREAS, City staff recommends appropriating from prior year reserves in the Natural Areas Fund $1,420,000 to be used for the design and construction of a new Natural Areas office building. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the Natural Areas Fund the sum of ONE MILLION FOUR HUNDRED TWENTY THOUSAND DOLLARS ($1,420,000) for transfer to the Capital Projects Fund - Natural Areas Office Building Project and appropriated therein for expenditure on the Project. Section 2. That the unexpended appropriated amount of ELEVEN THOUSAND SEVENTY-SIX DOLLARS ($11,076) in the Capital Projects Fund - Natural Areas Office Building Project is authorized for transfer to the Cultural Services and Facilities Fund - Art in Public Places Project and appropriated therein for the Art Project. Section 3. That the unexpended appropriated amount of THREE THOUSAND ONE HUNDRED TWENTY-FOUR DOLLARS ($3,124) in the Capital Projects Fund - Natural Areas Office Building Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- 35 of 390 Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- 36 of 390 DATE: July 16, 2013 STAFF: Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 2, 2013, makes a variety of changes, additions and clarifications in the 2013 annual update of the Land Use Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 37 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. EXECUTIVE SUMMARY Staff has identified a variety of proposed changes, additions and clarifications in the 2013 annual update of the Land Use Code. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. The proposed revisions were considered by the Planning and Zoning Board at its June 20, 2013 regular meeting. All of the proposed revisions included in the Ordinance have received unanimous approval from the Board. FINANCIAL / ECONOMIC IMPACTS Code revision number 933 provides for greater opportunities for Limited Indoor Recreation Establishments (under 5,000 square feet) by allowing these uses to now go into the L-M-N, Low Density Mixed-Use Neighborhood, but only if contained within a specifically defined Neighborhood Center. These uses include yoga studios, exercise clubs, dance studios, martial arts schools, and arts or crafts studios. This change allows the Land Use Code to respond to changing trends and conditions by providing for wider distribution of facilities that promote health and wellness. ENVIRONMENTAL IMPACTS There are no Code revisions that would have either a positive or negative an impact on the environment. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at various work sessions between February and June of this year. On June 20, 2013, the Planning and Zoning Board considered the proposed revisions to the Land Use Code and voted unanimously to recommend approval of all the changes. ATTACHMENTS 1. List of Land Use Code Issues 2. Summary report of all the issues 3. Cross-reference of the issues to the Ordinance section numbers 4. Planning and Zoning Board minutes, June 20, 2013 38 of 390 1 ORDINANCE NO. 092, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, City staff and the Planning and Zoning Board hav1e reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1.2.2 of the Land Use Code is hereby amended by the addition of a new subparagraph (O) which reads in its entirety as follows: (O) encouraging a wide variety of housing opportunities at various densities that are well-served by public transportation for people of all ages and abilities. Section 2. That Section 2.2.7(C) of the Land Use Code is hereby amended to read as follows: (C) Order of Proceedings at Public Hearing. The order of the proceedings at the public hearing shall be as follows: (1) Director Overview. The Director shall provide an overview of the development application. (2) Applicant Presentation. The applicant may present information in support of its application, subject to the determination of the Chair as to relevance. Copies of all writings or other exhibits that the applicant wishes the decision maker to consider must be submitted to the Director no less than five (5) working days before the public hearing. 39 of 390 2 (3) Staff Report Presented. The Director shall present a narrative and/or graphic description of the development application, as well as a staff report that includes a written recommendation. This recommendation shall address each standard required to be considered by this Land Use Code prior to approval of the development application. (4) Staff Response to Applicant Presentation. The Director, the City Attorney and any other City staff member may respond to any statement made or evidence presented by the applicant. (5) Public Testimony. Members of the public may comment on the application and present evidence, subject to the determination of the Chair as to relevance. (6) Applicant Response. The applicant may respond to any testimony or evidence presented by the public. (7) Staff Response to Public Testimony or Applicant Response. The Director, the City Attorney and any other City staff member may respond to any statement made or evidence presented by the public testimony or by the applicant's response to any such public testimony. Section 3. That Section 2.2.10(A)(1) is hereby amended by the addition of a new subparagraph (g) which reads in its entirety as follows: (g) in the case of a change of use of any property that was developed pursuant to a basic development review or use-by-right review under prior law, the minor amendment results in the building and parcel of ground upon which the building is located being brought into compliance, to the extent reasonably feasible, with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Land Use Code. Section 4. That Section 2.2.11(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Publication. A "notice of approval" describing generally the type and intensity of use approved and the specific parcel or parcels affected, and stating that a vested property right has been created or extended, shall be published by the City once, not later than fourteen (14) days after the approval of any final plan or other site specific development plan in a newspaper of general circulation within the City. The period of time permitted by law for the exercise of any applicable right of referendum or judicial review shall not begin to run until the date of such publication, whether timely made within said fourteen-day period, or thereafter. 40 of 390 3 Section 5. That Section 2.2.11(D)(9) of the Land Use Code is hereby amended to read as follows: (9) Post denial re-submittal delay. Property that is the subject of an overall development plan or a project development plan that has been denied by the decision maker or denied by City Council upon appeal, or withdrawn by the applicant, shall be ineligible to serve, in whole or in part, as the subject of another overall development plan or project development plan application for a period of six (6) months from the date of the final decision of denial or the date of withdrawal (as applicable) of the plan unless the Director determines that the new plan includes substantial changes in land use, residential density and/or non-residential intensity. Section 6. That Section 3.2.1(A) of the Land Use Code is hereby amended to read as follows: (A) Applicability. This Section shall apply to all development (except for development on existing lots for single-family detached dwellings) within the designated "limits of development" ("LOD") and natural area buffer zones established according to Section 3.4.1 (Natural Habitats and Features). Section 7. That Section 3.2.2(L)(2) of the Land Use Code is hereby amended to read as follows: (2) Compact Vehicle Spaces in Long-term Parking Lots and Parking Structures. Those areas of a parking lot or parking structure that are approved as long- term parking have the option to include compact parking stalls. Such approved long-term parking areas may have up to forty (40) percent compact car stalls using the compact vehicle dimensions set forth in Table B, except when no minimum parking is required for a use pursuant to Section 3.2.2(K), in which event the number of compact car stalls allowed may be greater than forty (40) percent. No compact spaces shall be designated as handicap parking spaces. . . . Section 8. That Section 3.2.2(L)(3) of the Land Use Code is hereby amended to read as follows: (3) Long-Term Parking Stalls. As an option in long-term parking areas, all long- term parking stalls may be designated using the following stall dimensions: . . . Section 9. That Section 3.2.4(C) of the Land Use Code is hereby amended to read as follows: 41 of 390 4 (C) Lighting Levels. With the exception of lighting for public streets and private streets, all other project lighting used to illuminate buildings, parking lots, walkways, plazas or the landscape shall be evaluated during the development review process. The following chart gives the average minimum and, for under- canopy fueling areas, maximum lighting levels for outdoor facilities used at night. Area/Activity* Foot-candle Building surrounds (nonresidential) 1.0 Bikeways along roadside Commercial areas Intermediate areas Residential areas 0.9 0.6 0.2 Walkways along roadside Commercial areas Intermediate areas Residential areas 0.9 0.6 0.5 Park walkways 0.5 Pedestrian stairways 0.3 Loading and unloading platforms 5.0 Parking areas 1.0 Playgrounds 5.0 Under-canopy area (maintained maximum) 20.0 Under-canopy area (initial installation maximum) 26.0 * Illuminating Engineering Society (IES) Lighting Handbook Section 10. That Section 3.5.2(D) of the Land Use Code is hereby amended to read as follows: (D) Residential Building Setbacks, Lot Width and Size. (1) Setback from Arterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be thirty (30) feet from any arterial street right-of- way, except for those buildings regulated by Section 3.8.30 of this Land Use Code, which buildings must comply with the setback regulations set forth in Section 3.8.30. (2) Setback from Nonarterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be fifteen (15) feet from any public street right-of- way other than an arterial street right-of-way, except for those buildings regulated by Section 3.8.30 of this Land Use Code, which buildings must comply with the setback regulations set forth in Section 3.8.30. Setbacks 42 of 390 5 from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20) feet. . . . Section 11. That Section 3.7.1(B) of the Land Use Code is hereby amended to read as follows: (B) Establishment of Growth Management Area. The city has adopted a cooperative planning area policy in the City Plan that includes a growth management area as adopted by Intergovernmental Agreement with Larimer County. Section 12. That Section 3.7.2(A)(3) and (4) of the Land Use Code is hereby amended to read as follows: (3) Exemption for Properties Located Within Certain Planned Subareas. Development located within the following planned subareas need not comply with the requirements of this subsection (A): (a) Fossil Creek Reservoir Area. (b) Harmony Corridor. Section 13. That Section 3.7.2(B) of the Land Use Code is hereby amended to read as follows: (B) Developments Outside Growth Management Area. No development application shall be accepted or approved as part of an annexation petition if the proposed development is located outside the Growth Management Area. Section 14. That Section 3.8.30(A) of the Land Use Code is hereby amended to read as follows: (A) Purpose/Applicability. The following standards apply to all multi-family devel- opments projects that contain at least four (4) dwelling units. These standards are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets and compatibility with surrounding neighborhoods. Multi-family developments in the Transit-Oriented Development (TOD) Overlay Zone are exempt from subsections (C) and (E) of this Section. Section 15. That Section 3.8.30(B)(3) of the Land Use Code is hereby amended to read as follows: (3) The following list of housing types shall be used to satisfy this requirement: (a) Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet. 43 of 390 6 (b) Two-family dwellings. (c) Single-family attached dwellings. (d) Mixed-use dwelling units. (e) Group homes. (f) Multi-family dwellings containing three (3) to four (4) units per building. (g) Multi-family dwellings containing five (5) to seven (7) units per building. (h) Multi-family dwellings containing more than seven (7) units per building. Section 16. That Section 3.8.30(E)(3) of the Land Use Code is hereby amended to read as follows: (3) Minimum setback from the right-of-way along an arterial street shall be fifteen (15) feet and along a non-arterial street shall be nine (9) feet. (a) Exceptions to the setback standards are permitted if one of the following is met: 1. Each unit side that faces the street has a porch and/or balcony that has a minimum depth of six (6) feet (as measured from the building facade to the far side posts, railings/spindles) and a minimum length of eight (8) feet. If more than one side of a unit faces the street, then only one side is required to comply. 2. An outdoor space such as a plaza, courtyard, patio or garden is located between a building and the sidewalk, provided such space shall have landscaping, low walls, fencing or railings, a tree canopy and/or other similar site improvements along the sidewalk designed for pedestrian interest, comfort and visual continuity. 3. All ground units that face a street are ADA compliant units that have street-facing porches that are directly and individually accessed from the 44 of 390 7 public sidewalk by a connecting walkway that is at least six (6) feet in width. 4. All ground units that face a street with a transit stop that fronts the building are affordable housing units, each having a street-facing stoop that directly accesses the public sidewalk by a connecting walkway. . . . Section 17. That Section 3.10.4(E) of the Land Use Code is hereby amended by the deletion of subparagraph (e) as follows: Section 18. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Shelters for victims of domestic violence for up to fifteen (15) residents. Section 19. That Section 4.5(B)(2)(a)7 of the Land Use Code is hereby amended to read as follows: 7. Extra occupancy rental houses with four or more tenants. Section 20. That Section 4.5(B)(2)(c)3 of the Land Use Code is hereby amended to read as follows: 3. Neighborhood centers consisting of at least two (2) of the follow- ing uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; limited indoor recreation establishments; and places of worship or assembly. Section 21. That Section 4.5(D)(2)(c) of the Land Use Code is hereby amended to read as follows: (c) The following list of housing types shall be used to satisfy this requirement: 1. Single-family detached dwellings with rear loaded garages. 2. Single-family detached dwellings with front or side loaded garages. 45 of 390 8 3. Small lot single-family detached dwellings (lots containing less than four thousand [4,000] square feet or with lot frontages of forty [40] feet or less) if there is a difference of at least two thousand (2,000) square feet between the average lot size for small lot single-family detached dwellings and the average lot size for single-family detached dwellings with front or side loaded garages. 4. Two-family dwellings. 5. Single-family attached dwellings. 6. Mixed-use dwelling units. 7. Multi-family dwellings containing more three (3) to four (4) units per building. 8. Multi-family dwellings containing five (5) to seven (7) units per building. 9. Multi-family dwellings containing more than seven (7) units per building (limited to twelve [12] dwelling units per building);. 10. Mobile home parks. Section 22. That Section 4.5(E)(4) of the Land Use Code is hereby amended to read as follows: (4) Design Standards for Multi-Family Dwellings Containing More Than Eight (8) Dwelling Units and for Multi-Family Dwellings Containing between Four (4) and Eight (8) Dwelling Units When Three (3) or More Stories in Height. Each multi-family dwelling containing more than eight (8) dwelling units and each multi-family dwelling containing between four (4) and eight (8) dwelling units, when located in a building of three (3) stories in height, shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. The following specific standards shall also apply to such multi-family dwellings: . . . Section 23. That Section 4.9(D)(5) of the Land Use Code is hereby amended to read as follows: (5) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. 46 of 390 9 Section 24. That the table contained in Section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) A. RESIDENTIAL . . . . . . . . . B. INSTITUTIONAL/CIVIC/PUBLIC . . . . . . . . . C. COMMERCIAL/RETAIL . . . . . . . . . Microbrewery/distillery/winery Not permitted Type 1 Section 25. That the table contained in Section 4.24(B)(2) of the Land Use Code is hereby amended to read as follows: Land Use Riverside Area All Other Areas A. RESIDENTIAL . . . . . . . . . E. ACCESSORY - MISC. Wireless telecommunication equipment Type 1 Type 1 Wireless telecommunication facilities Type 1 Type 1 Satellite dish antennas greater than thirty-nine (39) inches in diameter BDR BDR Outdoor vendor BDR BDR Accessory uses BDR BDR Accessory buildings BDR BDR Section 26. That Section 4.26(D)(5)(a) of the Land Use Code is hereby amended to read as follows: (a) A minimum of two (2) housing types shall be required on any residential portion of a development plan greater than ten (10) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty (30) acres in size, including parcels which are part of a phased development. The following list of housing types shall be used to satisfy this requirement: 1. single-family detached dwellings. 2. single-family attached dwellings. 3. two-family dwellings. 47 of 390 10 4. multi-family dwellings containing three (3) to four (4) units per building. 5. multi-family dwellings containing five (5) to seven (7) units per building. 46. multi-family dwellings containing more than seven (7) units per building. 7. group homes. 8. mixed-use dwellings. Section 27. That Section 4.27(D)(2)(m) of the Land Use Code is hereby amended to read as follows: (m) Minor public facilities. . . . Section 28. That Section 4.27(D)(6)(a) of the Land Use Code is hereby amended to read as follows: (a) A minimum of two (2) housing types shall be required on any residential portion of a development plan greater than ten (10) acres but less than thirty (30) acres in size, including parcels which are part of a phased development. A minimum of three (3) housing types shall be required on any residential portion of a development plan greater than thirty (30) acres in size, including parcels which are part of a phased development. The following list of housing types shall be used to satisfy this requirement: 1. single-family detached dwellings located on lots containing no more than six thousand (6,000) square feet. 2. single-family attached dwellings. 3. two-family dwellings. 4. multi-family dwellings containing three (3) to four (4) units per building. 5. multi-family dwellings containing five (5) to seven (7) units per building. 6. multi-family dwellings containing more than seven (7) units per building. 48 of 390 11 7. group homes. 8. mixed-use dwellings. 9. mobile home parks. Section 29. That the definition “Development” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: . . . (2) Development shall not include: … (b) work by the City or any public utility for the purpose of restoring or stabilizing the ecology of a site, or for the purpose of inspecting, repairing, renewing or constructing, on public easements or rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like; provided, however, that this exemption shall not include work by the City or a public utility in constructing or enlarging mass transit or railroad depots or terminals or any similar traffic-generating activity; . . . Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Disabled person” which reads in its entirety as follows: Disabled person shall mean any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. A physical or mental impairment shall mean hearing, mobility and visual impairment, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation that substantially limit one or more major life activities. Major life activities shall mean walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and/or caring for oneself. Section 31. That the definition “Dwelling, mixed-use” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Dwelling, mixed-use shall mean a dwelling that is located in the same building as a nonresidential use (but not including an accessory use). Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Existing limited permitted use” which reads in its entirety as follows: 49 of 390 12 Existing limited permitted use shall mean any use that was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997, which is not specifically listed as a permitted use under the zone district regulations of the zone district of this Code in which the parcel of property is located, and which physically existed upon such parcel on March 27, 1997. Such use is permitted in the various zone districts established in Division 4 under the limitation that such use shall constitute a permitted use only on such parcels of property. Section 33. That the definition “Mixed use” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Mixed use shall mean the development of a lot, tract or parcel of land, building or structure with two (2) or more different uses, including, but not limited to, residential, office, retail, public uses, personal service or entertainment designed, planned and constructed as a unit. Section 34. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Vehicle” which reads in its entirety as follows: Vehicle shall mean a truck, bus, van, railroad car, automobile, tractor, trailer, motor home, recreational vehicle, semi-tractor or any other motorized transportation device, regardless of whether it is in operating condition. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 50 of 390 DATE: July 16, 2013 STAFF: Tom Vosburg Steve Catanach AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second Reading of Ordinance No. 093, 2013, Amending Chapter 26 of the City Code to Establish User Fees for Public Use Electric Vehicle Charging Stations. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 2, 2013, establishes user fee rates for public use electric vehicle charging stations operated through the City’s public electric vehicle (EV) charging station pilot program. These user fees only apply to the public use charging stations owned and operated by the City of Fort Collins Utility Services. The user fees for use of 240 volt “Level 2” charging stations will be $1.00 per 1 hour charging session and the fee for use of a 480 volt “Level 3” DC quick charger will be $3.00 per session. These fees are calculated to recover the direct energy and payment processing costs associated with each charging session. While user fees for general fund services can be established administratively by the City Manager, Council must establish all Utility Services rates and fees by ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 51 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Tom Vosburg Steve Catanach AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT First Reading of Ordinance No. 093, 2013, Amending Chapter 26 of the City Code to Establish User Fees for Public Use Electric Vehicle Charging Stations. EXECUTIVE SUMMARY This Ordinance will establish user fee rates for public use electric vehicle charging stations operated through the City’s public electric vehicle (EV) charging station pilot program. These user fees only apply to the public use charging stations owned and operated by the City of Fort Collins Utility Services. The user fees for use of 240 volt “Level 2” charging stations will be $1.00 per 1 hour charging session and the fee for use of a 480 volt “Level 3” DC quick charger will be $3.00 per session. These fees are calculated to recover the direct energy and payment processing costs associated with each charging session. While user fees for general fund services can be established administratively by the City Manager, Council must establish all Utility Services rates and fees by ordinance. BACKGROUND / DISCUSSION The 2013 budget includes Light and Power Utility capital project funding for a public use EV charging station pilot program. The program includes funding for approximately five to ten public use EV charging stations located in off- street parking at City facilities. The actual number of charging stations installed will depend on installation costs associated with the selected sites. While the City has a number of charging stations for City fleet vehicles, that equipment is not available for use by the general public to charge private vehicles. The public use charging stations will be located in public parking areas and EV drivers will pay a service fee to use the equipment. There are three classes of EV charging equipment based on the type of power required by the equipment and the relative speed of charging. Level 1 charging uses ordinary household 120 volt power and can be supported by simply plugging an EV into a typical electric outlet. Level 2 charging requires using a battery charging appliance powered by 240 volt electric service similar to that used by clothes dryers and air conditioners. Level 3 charging requires advanced direct current (DC) quick charging equipment powered by 480 volt high power commercial electric service. Level 1 equipment will provide between two to five miles of EV driving range for each hour of charging time; Level 2 chargers will provide between 7 and 20 miles for each hour of charging; while Level 3 chargers can provide 60 to 80 miles of range in less than 30 minutes. The City will offer both Level 2 and Level 3 charging services. The user fee for Level 2 charging stations will be $1.00 per 1 hour charging session and the fee for Level 3 DC quick charger service will be $3.00 per session. These fees are calculated to recover the direct energy and user fee payment processing costs associated with each charging session. The fees are not expected to recover all equipment, installation, and fixed administrative overhead costs. The City has received significant equipment donations from Nissan Motor Corporation and the Bohemian Companies, as well as a grant from the State of Colorado for assistance with capital and installation costs. Staff researched user fees set by other public agencies for EV charging services. Many public agencies are initially offering EV charging for free, but most expect to implement fees at some point. Fees now in place by public agencies typically range between $1.00 and $2.00 per hour for Level 2 charging. Very few Level 3 stations are available to the public and it is difficult to find comparisons of what other communities charge for such service. Table 1 below lists the locations identified to date for City owned public use EV charging stations. Staff will continue to evaluate options for installing charging stations at other City facilities. 52 of 390 COPY COPY COPY July 2, 2013 -2- ITEM 14 Table 1: Planned City of Fort Collins Public Use EV Charging Stations Location Number and Type of EV Charging Stations Date Planned to be Available Fort Collins Museum of Discovery 1 Level 3 1 Level 2 July 29, 2013 Civic Center Parking Structure 2 Level 2 July 29, 2013 MAX BRT South Transit Center 2 Level 2 Spring, 2014 Fort Collins Senior Center 2 Level 2 To Be Determined The City of Fort Collins is coordinating its public use charging station program with the City of Loveland, as well as private businesses, through the Electrification Coalition’s Drive Electric Northern Colorado initiative. The City of Loveland will be installing eight public use Level 2 charging stations this year. The Loveland public use charging stations will be located at the Loveland Library, the City of Loveland Civic and Service Centers, and McKee Hospital. The redevelopment of Foothills Mall will include two customer use EV charging stations, and both New Belgium Brewing and O’Dell’s Brewery have installed free EV customer use charging stations. FINANCIAL / ECONOMIC IMPACTS Implementing user fees for EV charging services (rather than offering free charging as some agencies do) will help reduce the ongoing operating costs of the public EV charging station program. ENVIRONMENTAL IMPACTS The public use EV charging station pilot program aligns with the City’s sustainability goals. Staff believes there will be no significant environmental impacts resulting from collecting user fees for City operated EV charging station services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH Notice of the proposed fee was published in the Coloradoan on June 14, 2013, and a mailing was sent to city electric customers outside of the city limits in accordance with state requirements. 53 of 390 ORDINANCE NO. 093, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH USER FEES FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, the City Council is authorized and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the 2013-2014 Biennial Budget includes Light and Power Utility capital project funding for a pilot public use electric vehicle (EV) charging station program (the “Program”) in coordination with the Electrification Coalition’s Drive Electric Northern Colorado initiative; and WHEREAS, the City currently has several charging stations for City fleet vehicles, but that equipment is not available for use by the general public to charge private vehicles; and WHEREAS, the Program includes funding for up to ten public use EV charging stations located in off street public parking areas at City facilities with EV drivers paying a service fee to use the equipment; and WHEREAS, following the initial use of budgeted funds for startup expenses, staff anticipates that the Project will be self-sustaining; and WHEREAS, under the Program, Level 2 (240 volt) and Level 3 (480 volt) services will be available at fee rates of $1.00 per one-hour session for Level 2 charging stations and $3.00 per session for Level 3 charging stations; and WHEREAS, the fees are calculated to recover the Electric Utility’s direct energy and payment processing costs associated with each charging session; however, the fees are not expected to recover all equipment, installation, and fixed administrative costs; and WHEREAS, initially subsidizing the Program at fixed costs will result in a greater long-range ratepayer benefit by enabling quicker development of baseline EV charging infrastructure and incentivizing local EV purchases; and WHEREAS, the Energy Board considered the Program on April 5, 2012 and recommended adoption of the Program as a “mature” public EV charging program that integrates charging station use with parking policies and user service fees; and WHEREAS, the City Manager and staff have recommended to the City Council the following electric rates, fees and charges applicable for services at City EV charging stations under the Program on or after August 1, 2013; and 54 of 390 WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to adopt electric rates, fees and charges for public electric vehicle charging stations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 26 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 26-476 which reads in its entirety as follows: Sec. 26-476. Public electric vehicle charging station service user fees. (a) Availability. Designated electric vehicle charging stations will be made available by the Electric Utility for public use within the corporate limits of the City at the user rates set forth in this Section. (b) Applicability. The fees set forth in this Section shall apply to all public electric vehicle charging stations owned and operated by the Electric Utility. (c) User Fee Rates. Public electric vehicle charging station service user fees (including six and zero tenths percent charge in lieu of taxes and franchise) will be provided and billed on a session basis as follows: (1) Level 2-240 volt charging: One dollar and zero cents per one-hour charging session. (2) Level 3-480 volt DC Quick Charging: Three dollars and zero cents per charging session. (d) Payment of fees. Payment for electric vehicle charging station services will be collected directly from the customer at the point of service (the charging station or City facility at which the charging station is located) through credit card or other payment processing service. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- 55 of 390 Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- 56 of 390 DATE: July 16, 2013 STAFF: Karen Cumbo Rick Richter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Second Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. EXECUTIVE SUMMARY The purpose of this Ordinance, unanimously adopted on First Reading on July 2, 2013, is to amend Ordinance No. 068, 2013,extending the period from fifteen to twenty years. Ordinance No. 068, 2013, authorizing conveyance of a Non-Exclusive Utility Easement to Xcel, was adopted in May, and follow-up conversations with Xcel (Public Service Company) require this extension. This easement addresses the location of West Main pipeline at the northwest corner of Harmony Road and Shields Street and provides for the location in the right of way instead of on private property. The City has agreed to pay for any relocation of the approximately 2000 feet of line adjacent to the property that may be necessary in the next twenty years. This is a low-risk option and will be consistent with the location of the pipeline in the Shields Street right of way. In order to document this agreement between the City and Xcel, staff is recommending a Non-Exclusive Pipeline Easement within the Shields Street right of way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 57 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Karen Cumbo Rick Richter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT First Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non- exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. EXECUTIVE SUMMARY The purpose of this Ordinance is to amend Ordinance No. 068, 2013,extending the period from fifteen to twenty years. Ordinance No. 068, 2013, authorizing conveyance of a Non-Exclusive Utility Easement to Xcel, was adopted in May, and follow-up conversations with Xcel (Public Service Company) require this extension. This easement addresses the location of West Main pipeline at the northwest corner of Harmony Road and Shields Street and provides for the location in the right of way instead of on private property .The City has agreed to pay for any relocation of the approximately 2000 feet of line adjacent to the property that may be necessary in the next twenty years. This is a low-risk option and will be consistent with the location of the pipeline in the Shields Street right of way. In order to document this agreement between the City and Xcel, staff is recommending a Non-Exclusive Pipeline Easement within the Shields Street right of way. BACKGROUND / DISCUSSION Public Service Company of Colorado (PSCo), an Xcel Energy company, is requesting easements within the Shields Street right of way to construct, operate, and maintain a high pressure gas pipeline. The proposed project is part of the larger West Main Natural Gas Pipeline Replacement Project (West Main Project) that encompasses Larimer, Weld, and Boulder Counties. The project will replace an existing eight-inch gas pipeline that is 83 years old and at the end of service life with a 16-inch high pressure gas pipeline. The proposed project will traverse the city north to south and will impact the road surface and traffic along Shields Street, Horsetooth Road, and Timberline Road. PSCo is authorized in Section 6 of the City Code to construct operate and maintain gas facilities with in the public right of way. However, in this case, PSCo, in exchange for relocating its proposed gas line from a private easement to the public right of way, is requesting a pipeline easement that would release it from the obligation to relocate this pipeline within the proposed easement at its expense. FINANCIAL / ECONOMIC IMPACTS The extension of the easement period from fifteen to twenty years is not expected to appreciably affect the likelihood of City financial responsibility. ENVIRONMENTAL IMPACTS The proposed re-alignment for the project will avoid impacts to the private property and place the pipeline with in the public right of way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 58 of 390 COPY COPY COPY July 2, 2013 -2- ITEM 16 PUBLIC OUTREACH Xcel conducted three open houses in the region, and established a West Main project website (www.xcelenergywestmainpipeline.com) to provide information on the project. The City did not conduct additional public outreach on this proposed extension. ATTACHMENTS 1. Location map 59 of 390 ORDINANCE NO. 095, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 068, 2013, AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT IN A PORTION OF SOUTH SHIELDS STREET TO PUBLIC SERVICE COMPANY OF COLORADO, TO INCREASE THE EASEMENT TERM FROM FIFTEEN TO TWENTY YEARS WHEREAS, the City is the owner of the current Shields Street right-of-way lying within the southwest quarter of Section 34 and the southeast quarter of Section 35, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, between Harmony Road and a point 548 feet north, more or less, of the intersection between Troutman Parkway and Shields Street (the “City Property”); and WHEREAS, on May 7, 2013, the City Council adopted Ordinance No. 068, 2013, authorizing the conveyance of a non-exclusive utility easement to Public Service Company of Colorado (“PSCo”) (the “Easement”) on a portion of the City Property for the benefit of its West Main High Pressure Natural Gas Line Replacement Project (the “Project”); and WHEREAS, Ordinance No. 068 authorized the Easement for the limited term of fifteen years, after which the natural gas pipeline would be governed by all requirements and limitations applicable to utility lines, and particularly natural gas pipelines, in City rights-of-way; and WHEREAS, Xcel has asked that the City extend the term of the Easement to twenty years, rather than fifteen years; and WHEREAS, staff has reviewed this request and has not identified any appreciable detriment to the City that would result from the increased term length; and WHEREAS, authorization of a longer term of the Easement would be consistent with the terms that had been negotiated with PSCo, and would allow the Project to proceed as planned; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City's conveyance to PSCo of the Easement on the City Property as provided in Ordinance No. 068, 2013, for a term of twenty years, is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to PSCo on terms and conditions consistent with Ordinance No. 60 of 390 068, 2013, for a term of twenty years as provided in this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 61 of 390 DATE: July 16, 2013 STAFF: John Voss AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Items Relating to Appropriations for Woodward Related Public Improvements. A. First Reading of Ordinance No. 098, 2013, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Natural Areas Fund to the Capital Projects Fund for Woodward Related Public Improvements. B. First Reading of Ordinance No. 109, 2013, Waiving the Application of the Art in Public Places Requirements in Article XII of Chapter 23 of the City Code to Improvements Constructed Pursuant to the City’s Agreement with Woodward, Inc., and the Downtown Development Authority Regarding the Link-N-Green Development. EXECUTIVE SUMMARY Council approved the public improvement portion of the Woodward incentive package in April 2013. The City of Fort Collins agreed to provide assistance for Woodward’s relocation, construction and expansion. The following are the projects to be funded: Transmission Line Relocation $1,297,080 Right-of-Way Improvements 1,750,000 Open Space Improvements 3,500,000 $6,547,000 The projects will be funded through two sources: $6,047,080 from DDA contributions and $500,000 from 2013 appropriations existing in the Natural Areas Fund. Ordinance No. 109, 2013, exempts the right-of-way improvements under the Woodward Agreement from the requirement to contribute 1% to Art in Public Places because the contribution would not be required if the developer were constructing the Improvements and the City’s management of the right-of-way improvement project is being provided as part of the Woodward incentive package. BACKGROUND / DISCUSSION On April 2, 2013, Council adopted Ordinance No. 056, 2013, Appropriating General Fund Reserves to Fund a Reimbursement Reserve Fund in Connection with an Agreement between the City, Downtown Development Authority (DDA) and Woodward, Inc., Regarding the Link-N-Green Development. The agreement provided that Woodward would advance up to $6.05 million to the City to be repaid by the DDA through Pledged Tax Increment Revenues (“TIF”) to fund certain public improvements, including right-of-way improvements and open space restoration, as well as the relocation of a power transmission line. To allow the commencement of the capital improvement projects, City staff is requesting the immediate appropriation of $6,547,000. The following are the projects to be funded: Transmission Line Relocation $1,297,080 ROW Improvements 1,750,000 Open Space Improvements 3,500,000 $6,547,000 Transmission Line — Design plans resulted in placing one new transmission tower in the Williams Natural Area just south of the Mulberry/Lemay Avenue intersection and the removal of three transmission towers northwest of Mulberry; two in the Springer Natural Area and one at the Water Reclamation natural area. Ordinance No. 063, 2013, authorizing the necessary easements from the City, was adopted on second reading on May 7, 2013. Specifically, one pole will be added in the Williams Natural Area (reference pole #6, yellow line. The general size of the pole will be approximately 100 to 125 feet tall and 3 to 5 feet in circumference at the base, depending upon the distance from pole #5. Placement will be approximately 150 feet south of the existing bike trail and approximately 60 62 of 390 July 16, 2013 -2- ITEM 13 feet west of the sidewalk that parallels south bound Lemay Avenue. Contingency placement will be known once the following items are specified: • Signal light/pole on the northwest corner of Mulberry and Lemay for the westbound traffic on Mulberry • Proposed restaurant placement at the southeast end of the Woodward Property • New bike trail route across Lemay. Funds for the Transmission Line were appropriated in the General Fund in Ordinance No. 076, 2013, on June 4, 2013. However, City staff recommends keeping all the public improvement funds related to the Woodward project in the same fund, the Capital Projects Fund (400). The General Fund appropriation will be frozen once this ordinance is approved. Right-of-way (ROW) Improvements — The City will design and construct improvements to both Lincoln Avenue and Lemay Avenue required by the proposed relocation and expansion of Woodward’s corporate headquarters and production facility. The improvements along Lincoln Avenue will generally include a center turn lane, bike lanes, and a temporary pedestrian path along the south side of the street. Improvements to Lemay Avenue will include a parkway, trees, sidewalk, street lighting, and other improvements to comply with the full street cross section. Some improvements may be on an interim basis until funds are available for the broader Lincoln Boulevard Improvements. Open Space Improvements — Woodward will gift a 31-acre parcel to the City for the purpose of restoring the property to a natural condition. The restoration will include landscape and habitat improvements based on a design developed by the City’s natural areas department. The tax increment financing will be used to help offset the design and construction costs related with these improvements. Art in Public Places Exception—1% of funds appropriated by or for a City construction project are to be allocated to Art in Public Places (for projects $250,000 or greater). The transmission line relocation is not a City construction project because it is being paid for by the DDA, the work is being done by Platte River Power Authority and there are no City improvements to be constructed through the project. Consequently, the transmission line portion of the project is not required to contribute to APP. Under the City Code, the ROW improvements must be constructed as a condition of development approval. If the developer provides the improvements, it is not a City construction project, so the 1% for APP is not required. In this instance, the City has agreed to construct the ROW improvements using funds paid by Woodward to the DDA and then provided to the City to be appropriated by the City for use for the project. This triggers the 1% for APP, which is not in the project budget. Adoption of Ordinance No. 109, 2013, exempts the ROW Improvements from the APP contribution. Staff is recommending adoption of Ordinance No. 109, 2013, because the APP contribution would not be required if the developer were constructing the improvements. The City agreed to manage the construction as an incentive to facilitate development of the project. Finally, the Open Space Improvements will contribute 1% to the extent required for project elements covered by APP, such as the trail. Restoration of a natural area does not require an APP contribution. FINANCIAL / ECONOMIC IMPACTS The appropriation of $6,547,080 in the Capital Projects Fund will provide the necessary funds for the Woodward project to move forward. The transmission line relocation is a critical path component of the redevelopment of the new Woodward site. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 63 of 390 ORDINANCE NO. 098, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE NATURAL AREAS FUND TO THE CAPITAL PROJECTS FUND FOR WOODWARD RELATED PUBLIC IMPROVEMENTS WHEREAS, pursuant to Ordinance No. 055, 2013, the City, the Downtown Development Authority (“DDA”), and Woodward Inc (“Woodward”) entered into an agreement which provides that Woodward will advance up to $6.05 million to the DDA to fund certain public improvements, to be made on or near the former Link-N-Greens Golf Course in connection with the redevelopment of that property (the “Woodward Site”) and the City will act as either the project manager or construct the public improvements; and WHEREAS, the improvements include right-of-way improvements ($1,750,000), open space restoration ($3,500,000), and the relocation and installation of a power transmission line ($1,297,080) that currently crosses the Woodward Site for a total cost of $6,547,080; and WHEREAS, Woodward has agreed to advance funds to the City through the DDA in amount of $6,047,080 for these public improvements, and the Natural Areas Fund is providing $500,000 for the open space restoration; and WHEREAS, on June 4, 2013, Ordinance No. 076, 2013, the City appropriated unanticipated DDA revenue in the amount of $1,297,080 in the General Fund for the relocation and installation of the transmission line on the Woodward Site; and WHEREAS, City staff recommends keeping all of the public improvement funds related to the Woodward Site in the Capital Projects Fund; and WHEREAS, the DDA revenue will now be recorded in the Capital Projects Fund and not the General Fund, so the General Fund appropriations in the amount of $1,297,080 will be treated as unavailable for expenditure after this ordinance is approved; 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. WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof 64 of 390 from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the unexpended appropriated amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000) in the Natural Areas Fund is hereby authorized for transfer to the Capital Projects Fund - Woodward Public Improvements Project and appropriated therein. Section 2. That there is hereby appropriated from unanticipated revenue in the Capital Projects Fund the sum of SIX MILLION FORTY-SEVEN THOUSAND EIGHTY DOLLARS ($6,047,080) for the Woodward Public Improvements Project. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 65 of 390 ORDINANCE NO. 109, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS WAIVING THE APPLICATION OF THE ART IN PUBLIC PLACES REQUIREMENTS IN ARTICLE XII OF CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS TO IMPROVEMENTS CONSTRUCTED PURSUANT TO THE CITY’S AGREEMENT WITH WOODWARD, INC., AND THE DOWNTOWN DEVELOPMENT AUTHORITY REGARDING THE LINK-N-GREEN DEVELOPMENT WHEREAS, pursuant to Ordinance No. 055, 2013, the City, the Downtown Development Authority (“DDA”), and Woodward Inc (“Woodward”) entered into an agreement which provides that Woodward will advance up to $6.05 million to the DDA to fund certain public improvements, to be made on or near the former Link-N-Greens Golf Course in connection with the redevelopment of that property (the “Woodward Site”) and the City will act as either the project manager or construct the public improvements; and WHEREAS, the public improvements include right-of-way improvements ($1,750,000), open space restoration ($3,500,000), and the relocation and installation of a power transmission line ($1,297,080) that currently crosses the Woodward Site for a total cost of $6,547,080; and WHEREAS, Woodward has agreed to advance funds to the City through the DDA in the amount of $6,047,080 for these public improvements, and the Natural Areas Fund is providing $500,000 for the open space restoration; and WHEREAS, on June 4, 2013, Ordinance No. 076, 2013, the City appropriated unanticipated DDA revenue in the amount of $1,297,080 in the General Fund for the relocation and installation of the transmission line on the Woodward Site; and WHEREAS, on this date the City Council has adopted Ordinance No. 098, 2013, appropriating unanticipated revenue in the Capital Projects Fund and authorizing the transfer of existing appropriations from the Natural Areas Fund to the Capital Projects Fund for the public improvements; and WHEREAS, Article XII of Chapter 23 of the City Code, regarding Art in Public Places (“APP”), requires that appropriations for construction projects estimated to cost over $250,000, must include an amount equal to one percent of the estimated project cost for works of art; and WHEREAS, the one-percent APP requirement applies only to construction projects by or for the City, and the relocation and installation of the Platte River transmission line the City will not constitute a City improvement; and WHEREAS, the one-percent APP requirement applies only to construction, rehabilitation, renovation, remodeling or improvement of a building, structure, street, sidewalk, park, utility or other public improvement, and the open space improvements for which DDA funds are appropriated in Ordinance No. 098, 2013, primarily constitute land restoration activites that are not generally treated as construction under the APP provisions; and 66 of 390 WHEREAS, as part of the open space improvements staff will arrange for the APP one- percent requirement to be met using appropriate City funds to the extent required for project elements that constitute construction, such as the trail; and WHEREAS, the right-of-way improvements for which funds are appropriated in Ordinance No. 098, 2013, generally fall within the scope of the one-percent APP requirement as written; and WHEREAS, the financing arrangements established in the Agreement are unique and result in the undertaking by the City of developer right-of-way improvements projects that would not normally be the responsibility of the City; and WHEREAS, the potential application of the one-percent APP requirement was not taken into account in developing the financing and cost estimates for the Agreement, and the funds provided to the City for the improvements do not include funds for the APP requirement; and WHEREAS, in light of the foregoing, the City Manager has requested that the City Council waive the application of Article XII of Chapter 23 of the City Code to the public improvements to be constructed by the City using funds provided by Woodward through the DDA pursuant to the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the application and enforcement of the Article XII of Chapter 23 of the City Code is hereby waived to the extent it may apply to the public improvements to be constructed by the City using funds provided by Woodward through the DDA pursuant to the Agreement. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- 67 of 390 Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- 68 of 390 REVISED - JULY 15, 2013 DATE: July 16, 2013 STAFF: Sharon Thomas Heidi Phelps AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Items Relating to the Completion of the 2013 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, and the City’s Human Services Program (HSP). A. Public Hearing and Resolution 2013-062 Approving the Programs and Projects That Will Receive Funds from the Federal Community Development Block Grant Program, and the City’s Human Services Program. B. Hearing and First Reading of Ordinance No. 099, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Program. C. Public Hearing and Resolution 2013-063 Approving the Fiscal Year 2013 Administration and Project Budgets for the Home Investment Partnership Program. D. Hearing and First Reading of Ordinance No. 100, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Home Investment Partnership Program. EXECUTIVE SUMMARY Resolution 2013-062 will complete the 2013 spring cycle of the Competitive Process for allocating $1,685,496 in City financial resources to affordable housing projects, public facility activities, public service programs and administration of the program that will receive funding beginning October 1, 2013. Ordinance No. 099, 2013 appropriates the City’s FY 2013 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Resolution 2013-063 establishes the major funding categories within the HOME Program for the FY 2013 program year, which also starts on October 1, 2013. Specific projects for the use of HOME funds will be determined in November as a result of the 2013 fall cycle of the Competitive Process. Ordinance No. 100, 2013 appropriates the City’s FY 2013 HOME Participating Jurisdiction Grant from HUD. BACKGROUND / DISCUSSION Resolution 2013-062 establishes which programs and projects will receive funding with CDBG funds for the FY 2013 program year (including the Entitlement Grant and Program Income), which starts October 1, 2013; and which programs will receive funding from the City’s 2013 Human Services Program (HSP), including an allocation of Keep Fort Collins Great (KFCG) funds. The FY 2013 CDBG Entitlement Grant and FY 2013 CDBG Program Income (through March 31, 2013) totals $1,145,162. HUD regulations allow a maximum of 20% of these funds, or $229,031 for planning and program administrative purposes. Program Income includes repayments from rehabilitation loans, homebuyer assistance loans, acquisition loans and development loans. HUD regulations limit a maximum of 15% of the CDBG funds and Program Income for use in the Public (Human) Services category, which is $171,773. The City’s 2013 HSP adds $389,601 and HSP KFCG funds add an additional $250,733, for use in the category, for a total of $812,107 of available funding in the Public (Human) Services category. Considering the set-asides for Planning and Administration and Public (Human) Services discussed above, the balance of the FY 2013 CDBG Entitlement Grant ($647,173) and FY 2013 CDBG Program Income ($97,185) amounts, or $744,358 is available for allocation to the Economic Development, Housing and Public Facility category. The following table summarizes the total amount and sources of all available CDBG and City funds for distribution during the 2013 spring cycle of the Competitive Process and how the funding is distributed among the three categories: 69 of 390 July 16, 2013 -2- ITEM 14 Funding Amount Funding Source Administration (Maximum of 20% of CDBG Entitlement) Public Service (Maximum of 15% of CDBG Entitlement) Economic Development, Housing & Public Facility $995,649 FY 2013 CDBG Entitlement Grant $199,129 $149,347 $647,173 $149,513 FY 2013 CDBG Program Income $29,902 $22,426 $97,185 $389,601 FY 2013 HSP $0 $389,601 $0 $250,733 FY 2013 HSP KFCG $0 $250,733 $0 $1,785,496 Total Funding Available $229,031 $812,107 $744,358 The City received 45 applications for funding (not including one public service proposal which was subsequently withdrawn by the applicant) and a staff administration request as part of the 2013 spring cycle of the Competitive Process requesting a total of $3,840,816. The total amount of funds available from all sources is $1,785,496. The total of application requests is $2,055,320 more than the amount of available funding. HUD regulation limitations within the Public Service category results in a total of $452,753 more in requests than the available funds for the category. Unfortunately, funds in the Planning and Administration category and Economic Development, Housing and Public Facility category cannot be used to fund any Public Service applications. The following summarizes the amount of funding requests compared to the amount of funding available for each of the major funding categories: Category Number of Applications Available Funding Requested Funding Available - Request Difference Administration * $229,031 $229,031 $0 Public Services 35 $812,107 1,264,860 -$452,753 Economic Development, Affordable Housing & Public Facilities 10 $744,358 $2,346,925 -$1,602,567 Totals 45 $1,785,496 $3,840,816 -$2,055,320 FINANCIAL / ECONOMIC IMPACTS The Community Development Block Grant (CDBG) Program, and the Home Investment Partnership (HOME) Program (allocated in the fall) provide federal funds from the Department of Housing and Urban Development (HUD) to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby reducing the demand on the City’s General Fund Budget to address such needs. The total amount of CDBG funds available for allocation during FY 2013 is $1,145,162. The City’s General Fund contributes $389,601 in the Human Services Program (HSP) and $250,733 in HSP KFCG funds for allocation during the spring cycle of the Competitive Process and $325,047 in Affordable Housing Fund (AHF) dollars in the fall. Through the provision of affordable housing, more of Fort Collins’ work force can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. Public/human services programs contribute to economic sustainability by providing such programs as job training and child care, so workers can maintain their employment and housing situations. By providing funding to these programs for needed upgrades to their facilities or for partial purchase of service locations, the agencies are better able to utilize funds to serve their clients. July 16, 2013 -3- ITEM 14 Affordable housing developers, including for-profit and non-profit agencies, are utilizing green building practices in both new construction and major rehabilitation of existing housing unit projects. These practices include geo-thermal applications and other energy saving techniques. All affordable housing projects utilizing CDBG and HOME funds are required to pass a HUD Environmental Review which covers such items as noise impacts, floodplains, hazardous materials, etc. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions and the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION Community Development Block Grant (CDBG) Commission Recommendations The CDBG Commission presents recommendations as to which programs and projects should receive funding from the available funding sources presented above, including CDBG and HSP funds. The federal sequestration delayed notification of the City’s entitlement grant amounts, and therefore the deliberations meeting, by about two months. The following tables present the allocations recommended by the Commission to the City Council within each major category: Planning and Administration Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration $229,031 $229,031 $0 100% Economic Development, Affordable Housing & Public Facility Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded ED-1 City of Fort Collins: FoCo Café $80,000 $0 $80,000 0% HO-1 Asbury House: Housing Purchase $375,000 $0 $375,000 0% HO-2 CARE Housing: Provincetowne II $250,000 $250,000 $0 100% HO-3 Habitat for Humanity: Cottages at Avondale $45,000 $45,000 $0 100% HO-4 Housing Catalyst (FCHA): Cunningham Corner Rehab $500,000 $49,358 $450,642 10% *HO-5 JAG: Property Purchase $100,000 $0 $100,000 0% HO-6 Neighbor to Neighbor: Energy Efficiency Projects $221,925 $0 $221,925 0% PF-1 Asbury House: Facility Purchase $375,000 $0 $375,000 0% PF-2 Elderhaus: Property Purchase $300,000 $300,000 $0 100% PF-3 SAVA Center: Capital Campaign $100,000 $0 $100,000 0% Economic Development, Housing & Public Facility Total $2,346,925 $744,358 $1,602,567 *JAG Properties received a unanimous vote from the CDBG Commission to fully fund this project. On July 11, 2013 staff was notified by HUD that this applicant, a for-profit company, was not eligible to receive CDBG dollars. The CDBG Commission, at its regular meeting held July 11, 2013, voted July 16, 2013 -4- ITEM 14 Public Service Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Alliance for Suicide Prevention: Education & Awareness Programs $4,200 $4,200 $0 100% B.A.S.E. Camp: Childcare Scholarships $60,000 $55,000 $5,000 92% Boys & Girls Club: After-School & School- Break Childcare/Youth Prog. $24,907 $24,907 $0 100% CASA Program: Court Appointed Special Advocate $26,250 $0 $26,250 0% CASA Program: Harmony House Supervised Visit Center $24,500 $8,950 $15,550 37% Catholic Charities: Senior Services $15,000 $15,000 0% 100% Catholic Charities: Shelter & Rapid Rehousing $60,000 $40,000 $20,000 67% Center for Family Outreach: Assessments Low-Income Youth $8,000 $8,000 $0 100% ChildSafe Colorado: Child Sexual Abuse Treatment Program $23,000 $23,000 $0 100% Colo. Health Network (NCAP): Client Services & Homelessness Prev $28,480 $14,240 $14,240 50% Crossroads Safehouse: Advocacy Program $98,623 $31,885 $66,738 32% Disabled Resource Services: Access to Independence (ATI) $30,193 $26,186 $4,007 87% Education & Life Training Center: JobReady & Circles Employment $59,125 $29,310 $29,815 50% Elderhaus: Mindset Therapy Center Program $34,925 $20,000 $14,925 57% Family Center: Childcare Scholarships $45,000 $40,000 $5,000 89% Food Bank for Larimer County: Kids Café $27,000 $27,000 $0 100% Front Range Exceptional Equestrians: F.R.E.E. $10,200 $0 $10,200 0% GLBT Community Center: SAGE of the Rockies Elder Services $7,500 $0 $7,500 0% Health District of Larimer County: Dental Connections $58,250 $18,170 $40,080 $31% Homelessness Prevention Initiative: Emergency Rental Assistance $60,000 $45,000 $15,000 75% Laramie River Valley Rendezvous: At-Risk Youth Camp $10,600 $0 $10,600 0% Larimer County Child Advocate Center: Victim Services $35,000 $24,472 $10,528 70% The Lift of Northern Colorado: Senior & Disabled Transportation $18,500 $0 $18,500 0% The Matthews House: Empowering Youth Program $33,500 $32,229 $1,271 96% Neighbor to Neighbor: Housing Counseling $60,188 $33,174 $27,014 55% July 16, 2013 -5- ITEM 14 Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Respite Care: Childcare Scholarships $35,000 $35,000 $0 100% SAVA Center: Sexual Assault Victim Services $41,338 $18,273 $23,065 44% Touchstone Health Partners: CDDT Program $57,847 $29,011 $28,836 50% Touchstone Health Partners: Mental Health Services – Murphy Center $22,500 $22,500 $0 100% Turning Point: Crisis Intervention Program Applicant Withdrew Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $55,000 $5,000 92% Volunteers of America: Home Delivered Meals Program $33,600 $33,600 $0 100% Women’s Resource Center: Neighborhood Promotora Project $48,634 $0 $48,634 0% Public Service Total $1,264,860 $812,107 $452,753 A summary of the Commission’s funding recommendations by category is presented in the following table: Funding Recommendations by Category Category Recommended Funding % of Total CDBG Administration $229,031 13.6% Public Service $812,107 48.2% Economic Development, Housing & Public Facility $644,358 38.2% Total $1,685,496 100.0% The CDBG Commission has recommended $1,685,496 (94.4%) of the available funding amount of $1,785,496 be allocated. The Commission has recommended that 11 of the 35 Public Service proposals receive full funding; 18 proposals receive partial funding (ranging from 31% to 96%); and 6 proposals receive no funding. In the Economic Development, Housing and Public Facility category, the recommendation is for full funding for 32 housing proposals, partial funding for one housing proposal, full funding for one public facility proposal and no funding for the remaining 6 proposals. The justifications for the CDBG Commission’s recommendations can be found in Attachment 5, Minutes of the June 13, 2013, meeting. Minutes from the July 11, 2013 meeting which changed the recommendation for JAG Properties are not available at this time. PUBLIC OUTREACH HUD regulations require a 30-day public comment period on the proposed allocation of CDBG funds as recommended by the CDBG Commission. Staff placed an ad in the Coloradoan newspaper, presenting the list of recommended funding for programs/projects and indicated the public comment period would start on June 17, 2013, and end on July 16, 2013. To date, no public comments have been received. HOME Program Resolution 2013-063 establishes the major funding categories within the Home Investment Partnership (HOME) Program for the FY 2013 Program year, which starts October 1, 2013. Specific projects for the use of HOME funds will be determined in November as a result of the 2013 fall funding cycle of the Competitive Process for the allocation of the City’s financial resources to affordable housing programs/projects and community development activities. The FY 2013 HOME grant is $521,147 and HOME Program Income for 2013 (through March 31, 2013) is $244,834, for a total of $765,981. The following table summarizes the sources of HOME funding for FY 2013. 73 of 390 July 16, 2013 -6- ITEM 14 Funding Source Amount FY 2013 HOME Participating Jurisdictions Grant $521,147 FY 2013 Program Income $244,834 Total $765,981 HUD regulations allow a maximum of 10% of the HOME grant, or $54,250, and $12,748 of eligible Program Income, for a total of $64,862, for program administrative purposes. HUD regulations also require a 15% set-aside of the HOME grant, or $78,172, for Community Housing Development Organizations (CHDOs). CHDOs in Fort Collins include CARE Housing, Neighbor to Neighbor, and The Villages (formerly the Fort Collins Housing Corporation). The following table summarizes the distribution of HOME funding: In addition to the HOME funds above, $313,047 from the City’s Affordable Housing Fund will be available for allocation to affordable housing projects in the 2013 fall cycle of the Competitive Process. ATTACHMENTS 1. Background and Summary of the CDBG Commission’s Recommendations for Funding (revised 7/15/13) 2. Background Information on the Competitive Process 3. Affordable Housing Board’s Housing Priority Recommendations, March 27, 2013 4. Background Information on the CDBG and HOME Federal Programs 5. CDBG Commission’s Funding Recommendations, June 13, 2013 6. Letter from applicant, CASA 7. Focus Questions 8. Deliberations Information Sheet 74 of 390 Attachment 1 BACKGROUND AND SUMMARY OF CDBG COMMISSION’S RECOMMENDATIONS FOR FUNDING At the July 16, 2013, regular City Council Meeting, the Council will be conducting a public hearing and considering the adoption of a Resolution establishing which programs and projects will receive funding with Community Development Block Grant (CDBG) and City Human Services Program (HSP) funds for the FY 2013 Program year, which starts on October 1, 2013. The Resolution establishing which programs and projects will receive funds represents the culmination of the spring cycle of the Competitive Process approved in January 2000 by the Council for the allocation of the City’s financial resources to affordable housing programs/projects and community development activities. Additional background material about the Competitive Process is included in Attachment 2. Since early January of this year, the CDBG Commission and members of the City Affordable Housing and Human Services Program team have conducted public hearings to assess community development and housing needs in Fort Collins, conducted technical assistance training workshops for applicants, and solicited applications for funding. The City’s Affordable Housing Board reviewed the written applications for affordable housing projects and forwarded comments on the proposals to the CDBG Commission. See Attachment 3 for a copy of Board’s priority rankings from their March 27, 2013 special meeting. The CDBG Commission, in addition to reviewing the written applications, personally interviewed each applicant, analyzed the applications, and formulated a list of recommendations to the City Council as to which programs and projects should receive funding. The Commission also considered the funding guidelines contained in the Affordable Housing Strategic Plan 2010-2014 report adopted by the Council in July 2010. These guidelines include: CDBG funds should generally be allocated as follows: 65% for Housing programs and projects. HUD CDBG Program regulations also permit up to a maximum of 15% for Public Services, and up to a maximum of 20% for Planning and Program Administration. The CDBG Program is an ongoing grant administration program funded by the Department of Housing and Urban Development (HUD). The City of Fort Collins has received CDBG Program funds since 1975. The City is an Entitlement recipient of CDBG funds, meaning the City is guaranteed a certain level of funding each year. The level of funding is dependent upon the total amount of funds allocated to the program by Congress and on a formula developed by HUD comprised of several measures of community need, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas. 75 of 390 2 Additional background information on the City's CDBG and HOME Investment Partnership Programs (HOME) is presented in Attachment 4. The Human Services Program (HSP) was formerly the Community Partnership Program, a joint human services funding venture between the City of Fort Collins and Larimer County. Historically administered by the County, the City’s funding portion of the program switched to internal administration as a result of the 2006 Budgeting for Outcomes (BFO) process. In a focus towards streamlining government processes, improving customer service, and fine tuning desired results, HSP has been folded into the spring cycle of the City’s semi-annual Competitive Process, which manages a variety of funding streams. Funding awarded to programs targets households in Fort Collins whose incomes are at or below 80% of Area Median Income (AMI). Those monies help fill other funding gaps, and lower the cost of housing and other basic services for Fort Collins citizens who are most vulnerable and in need. By empowering and stabilizing families, these funds strengthen and improve the fundamental building blocks of Fort Collins - its neighborhoods. AVAILABLE FUNDS The following table summarizes the amount and sources of all available CDBG and City funds for distribution during the 2013 spring cycle of the Competitive Process: Available Funding Funding Amount Funding Source $995,649 FY 2013 CDBG Entitlement Grant $149,513 FY 2013 CDBG Program Income $389,601 FY 2013 HSP $250,733 FY 2013 HSP Keep Fort Collins Great (KFCG) $1,785,496 Total Funding Available Program Income includes repayments from rehabilitation loans and home buyer assistance loans, along with repayments from development and acquisition loans. SELECTION PROCESS The selection process for the City's FY 2013 Spring Competitive Process began on January 10, 2013, when the CDBG Commission held a public hearing to obtain citizen input on community development and affordable housing needs. The Social Sustainability Department placed legal advertisements in local newspapers in January to solicit requests for housing and community development projects for FY 2013. Notices were sent via email to potential applicants in late December 2012. The Competitive Process utilizes a web-based application through ZoomGrants. Pre-applications were due Tuesday, January 22, 2013 and applications were due Thursday, February 21, 2013. At the close of the deadline the City had received 46 applications and a staff program administration proposal requesting over $3.6 million in funding. On March 7, 2013, all 76 of 390 3 applications were made available to the CDBG Commission and the housing proposals were made available to the Affordable Housing Board for review. On Tuesday March 19, Thursday, March 21, Wednesday, March 27, and Thursday, March 28, the Commission met to hear presentations and ask clarification questions from each applicant. A subcommittee of the Affordable Housing Board, at a special meeting on Wednesday, March 27, 2013, voted to recommend to the CDBG Commission a priority ranking of the six affordable housing proposals (see Attachment 3). The priority ranking was presented to the CDBG Commission on Thursday, March 28. The Commission then met on Thursday, June 13 for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded for the FY 2013 program year. This meeting was postponed by two months because of the federal sequestration which delayed funding allocations for CDBG and HOME funds. At this meeting the Commission reviewed the written applications, the applicant's verbal presentations, the information provided during the question and answer session, and reviewed the performance of agencies who received funding in previous years. The Commission then worked on the formulation of its list of recommendations. CDBG COMMISSION'S LIST OF RECOMMENDATIONS In addition to HUD funding limitations (20% for Planning and Administration and 15% for Public Services), the Commission had to decide which applicants presented programs and projects which best fit the City's needs and follow the funding priorities contained in the Affordable Housing Strategic Plan 2010-2014. Listed below is a summary of each applicant's initial request for funding and the Commission's list of recommendations. PLANNING AND ADMINISTRATION AD-1 City of Fort Collins CDBG Administration Request: $229,031 Recommendation: $229,031 Percentage: 100% The CDBG Program Administration budget covers partial salary and benefits for three program administrators (total of 1.6 FTEs), an administrative support (.3 FTE) and the Social Sustainability Department director (.05 FTE), and operating expenses for the program. ECONOMIC DEVELOPMENT, HOUSING and PUBLIC FACILITY APPLICATIONS ED-1 City of Fort Collins: FoCo Café Request: $80,000 Recommendation: $0 Percentage: 0% Feeding Our Community Ourselves or FoCo Café is a new non-profit agency that seeks to build community by providing nutritious meals to people in Fort Collins, in a café setting, regardless of their ability to pay. This request is to provide partial funding for the 77 of 390 4 construction phase to build the café in a City owned building. HO-1 Asbury House: Housing Purchase Request: $375,000 Recommendation: $0 Percentage: 0% Asbury House is a new non-profit agency in Fort Collins that seeks to provide affordable, voluntary residential substance use disorder, co-occurring mental health disorder and trauma treatment for women. The goal of Asbury House is to provide extended care residential treatment for women, including women veterans in our community who suffer from substance dependence and the co-occurring mental health disorders and unaddressed trauma that often accompany the illness of addiction. Asbury House is requesting funding to purchase an existing multipurpose facility at 706 E. Stuart St. This request is for funds to pay for the four transitional housing apartments located on the property. HO-2 CARE Housing: Provincetowne II Request: $250,000 Recommendation: $250,000 Percentage: 100% CARE Housing, established in 1992, develops and manages affordable housing rental communities that provide supportive services to strengthen and empower families, and to build community. They currently have six affordable housing communities in Fort Collins. This request addresses one of the four goals of the City’s Affordable Housing Strategic Plan, to increase the inventory of affordable rental housing. CARE is seeking funding for pre-development costs for phase II of the Provincetowne development. They expect to provide 66 townhouse rental units, 54 2-bedroom and 12 3-bedroom units. These units will be available to those with incomes of 30% to 60% of Area Median Income (AMI). HO-3 Habitat for Humanity: Cottages at Avondale Request: $45,000 Recommendation: $45,000 Percentage: 100% Habitat for Humanity works in partnership with the community and partner families to build affordable owner-occupied home units. Fort Collins Habitat for Humanity received a donation of an in-fill parcel of land (1.51 acres) at the southeast corner of West Trilby Road and Avondale Road in 2004. This request is to provide soft costs related to the development of this property to build a minimum of 10 single-family housing units. Soft costs include such things as mechanical fees, architectural fees, engineering fees, soils testing, etc. HO-4 Housing Catalyst (FCHA): Villages at Cunningham Corner – Housing Rehabilitation Request: $500,000 Recommendation: $49,358 Percentage: 10% Housing Catalyst is a wholly owned entity of the Fort Collins Housing Authority. It was established to create the appropriate legal structure most conducive to utilization of the Low Income Housing Tax Credit (LIHTC) program. In December 2012, Housing 78 of 390 5 Catalyst was given the opportunity to purchase 284 rental units, known as Cunningham Corner, to prevent them from going to market rate rentals. This purchase preserved the units for affordable rental housing. Housing Catalyst purchased the units with the intent of substantially rehabilitating the properties, thereby providing long-term preservation of a significant portion of the community’s affordable housing stock. Total renovations are expected to cost more than $8.5 million dollars. This request is “first-in” money to help acquire additional funding for this project. Housing Catalyst anticipates making a funding request in the 2013 fall cycle of the Competitive Process as well. HO-5 J.A.G. Properties: Acquisition of a Fourplex for Re-Entry Affordable Housing Request: $100,000 Recommendation: $0 Percentage: 0% Just Another Guy Properties, or JAG, provides temporary housing for low-income individuals and families with a family member who has recently been released from community corrections with a felony conviction. Their clients are non-violent and are not sex offenders. They combine housing and supportive services to help make a successful transition to permanent housing and create a path to reestablishing individuals as productive members of the community. This service provides a unique service in Fort Collins. JAG is requesting funding for the down payment of an existing fourplex at 721 Remington St. in Fort Collins. JAG received a unanimous vote from the CDBG Commission on June 13 for full funding. On July 11, City staff was notified by HUD that according to CDBG regulations JAG is not eligible to receive CDBG funds as a private for-profit company. On July 11, 2013 at the CDBG Commission’s regular meeting they voted to recommend $0 funding for JAG but encouraged them to submit a proposal in the fall cycle of the Competitive Process where HOME and Affordable Housing Funds will be available. They are eligible to receive those funds. JAG has been notified by staff and understands the situation and is cooperating. HO-6 Neighbor to Neighbor: Energy Efficiency Upgrades Request: $221,925 Recommendation: $0 Percentage: 0% The mission of Neighbor to Neighbor (N2N) is to open doors and advance lives by providing housing counseling, supportive services and multi-family affordable housing. Three of the communities owned by N2N; Coachlight Plaza, Clearview and Ponderosa, are showing signs of aging. Coachlight Plaza has 68 units and was built in 1982. Clearview is an eightplex built in 1968 and Ponderosa, also an eightplex, was built in 1967. N2N is asking for funding to install energy efficient windows and patio doors, and boilers/hot water heaters. These upgrades will provide savings on utilities for the residents living at these properties, all of whom are at or below 50% of the Area Median Income (AMI). 79 of 390 6 PF-1 Asbury House: Facility Purchase Request: $375,000 Recommendation: $0 Percentage: 0% This proposal requests funding to purchase and provide furnishings for the facility portion of the property located at 706 E. Stuart Ave. in Fort Collins. The facility will provide the supportive services needed by the residents. For more information about Asbury House please read the narrative provided above for the housing application submitted by Asbury House (HO-1). PF-2 Elderhaus Adult Day Program: Purchase Property Request: $300,000 Recommendation: $300,000 Percentage: 100% Established over 30 years ago as Colorado’s first non-profit adult day program, Elderhaus provides services to adults with special needs, offering direct care, social and recreational programs, and mobile health services. They help keep families together by providing family caregivers with trained resources for adult day services, enabling them to pursue jobs and other needs essential to supporting their families. Elderhaus serves a wide-range of clientele, including elderly, developmentally disabled, veterans, and individuals with early-stage Alzheimer’s. Elderhaus was presented with an opportunity to purchase the properties they currently reside in from American Baptist Church at 605 S. Shields St. and 1105 Myrtle St. Elderhaus is requesting funding to purchase these adjoining properties. Owning the properties will provide stability for the agency and an opportunity to leverage funds in the future for expansion as our population ages. PF-3 Sexual Assault Victim Advocate (SAVA) Center: Capital Campaign Request: $100,000 Recommendation: $100,000 Percentage: 0% SAVA provides crisis intervention, advocacy, and counseling to those affected by sexual violence and provides prevention programs through community outreach and education. In October 2012, the landlord of the office space SAVA was renting decided to demolish the building, so SAVA was required to relocate. SAVA moved to 4812 S. College Ave. to a building they would like to purchase. SAVA received partial funding for the building from the City through the 2012 Fall Competitive Process of $175,222. This request would provide the remaining funds they need to complete the purchase. PUBLIC SERVICE APPLICATIONS PS-1 Alliance for Suicide Prevention of Larimer County: Education, Awareness & Support Programs Request: $4,200 Recommendation: $4,200 Percentage: 100% The Alliance’s R.A.P.P. (Raising Awareness of Personal Power) and Hope for Today programs provide education and awareness for middle and high school populations to recognize mental health disorders and suicidal behavior and provides the tools to seek help for those in need. The request would pay for printing costs for the materials and resources needed for the programs. 80 of 390 7 PS-2 B.A.S.E. Camp: Childcare Scholarships Request: $60,000 Recommendation: $55,000 Percentage: 92% B.A.S.E. Camp is a before- and after-school childcare service, and also provides full-day care for “school-out” days and the 11-week summer break. This application requests funding to cover the gaps created when serving low-income families with reduced fees. PS-3 Boys & Girls Club: After-School & School-Break Child Care & Youth Development Request: $24,907 Recommendation: $24,907 Percentage: 100% The Boys and Girls Club has requested assistance for its long-standing after-school and summer care program. The Club charges an annual fee of only $5 and provides activities for a wide age-range of kids. This application requests $4,907 to supplement the salaries of 20% of 4 full time Program Directors who work directly with kids. PS-4 CASA Program: Court Appointed Special Advocate Request: $26,250 Recommendation: $0 Percentage: 0% CASA provides trained community advocates for children who have been abused and/or neglected by their parents. CASA is requesting assistance with partial salary and benefits for two CASA case supervisors, who provide training and supervision to the children’s advocates, and one volunteer coordinator. PS-5 CASA Program: Harmony House Supervised Visitation Center Request: $24,500 Recommendation: $8,950 Percentage: 37% Harmony House provides families who are in contentious divorces a place for supervised visitations and exchanges for conflict-free interactions. The services keep the children in a safe, neutral location to maintain relationships with parents. This request by CASA is for partial salaries for two case managers and staff training. PS-6 Catholic Charities: Senior Services Request: $15,000 Recommendation: $15,000 Percentage: 100% Senior Outreach Services provides assistance to at-risk elderly with the goal of enabling them to maintain greater health, safety, and independence. Funding would cover approximately 31% of the salary and benefits of the Senior Case Manager. PS-7 Catholic Charities: Shelter Services and Rapid Rehousing Request: $60,000 Recommendation: $40,000 Percentage: 67% Catholic Charities’ Shelter (The Mission) provides shelter, food, case management, resource referrals, and benefits application assistance in support of the homeless and near homeless. This application requests $40,000 of City funds to partially pay for shelter 81 of 390 8 staff salaries and $20,000 for Rapid Rehousing, $5,000 for case management and $15,000 for financial assistance for households moving into stable housing. PS-8 Center for Family Outreach: Mental/Drug/Alcohol Assessments for Low Income Youth Request: $8,000 Recommendation: $8,000 Percentage: 100% The Center for Family Outreach provides early intervention for youth ages 10 to 18 (and their parents) who are experiencing high-risk behaviors, such as alcohol and drug use. Funding requested would partially pay for modest program fees and substance testing for low-income participants. PS-9 ChildSafe: Child Sexual Abuse Treatment Program Request: $23,000 Recommendation: $23,000 Percentage: 100% ChildSafe provides treatment to children from low-income families, who have been sexually abused. Funding requested would assist with salaries of therapists assisting children whose families cannot pay. PS-10 Colorado Health Network, dba Northern Colorado AIDS Project (NCAP): Client Services and Homelessness Prevention Program Request: $28,480 Recommendation: $14,240 Percentage: 50% The Case Management and Homelessness Prevention Programs help families and individuals coping with HIV/AIDS retain their household stability and health as their ability to be financially independent diminishes. NCAP’s request will supplement the salaries of direct service providers. The remainder will provide medical, emergency and basic needs to clients of NCAP. PS-11 Crossroads Safehouse: Advocacy Program Request: $98,623 Recommendation: $31,885 Percentage: 32% Crossroads provides emergency shelter, services and outreach to abused adults at a full- service facility. This application requests City funds of $98,623 to fund 38% of salaries of direct service staff. PS-12 Disabled Resource Services (DRS): Access to Independence Request: $30,193 Recommendation: $26,186 Percentage: 87% Access to Independence provides supportive case management and community assistance to increase the independence of severely disabled adults. This application requests funds to pay for 29% of five case managers’ salaries for Fort Collins clients. PS-13 Education and Life Training Center (ELTC): JobReady & Circles Employment Skills Training Request: $59,125 Recommendation: $29,310 Percentage: 50% 82 of 390 9 The JobReady program is ELTC’s educational program for its Circle Leaders. The Circles initiative helps people achieve self-sufficiency. The JobReady coursework is designed to provide integrated, customized, fast-track training in the areas of computer skills and job readiness, in order to prepare Circle Leaders to attain and retain gainful employment. This application is requesting funding to partially cover the salaries of part- time instructors, GED testing fees and equipment. PS-14 Elderhaus Adult Day Program: Mindset Therapy Center Program Request: $34,925 Recommendation: $20,000 Percentage: 57% Mindset provides at-risk elderly and/or disabled adults with activities which enhance their ability to function independently. It also provides a respite for caregivers. This application seeks City funding of $34,925 to supplement the salaries of four program directors, a dietary manager and transportation costs. PS-15 Family Center/La Familia: Childcare Scholarships Request: $45,000 Recommendation: $40,000 Percentage: 89% The Family Center provides affordable child care for infants, toddlers and preschool-aged children. This application requests $45,000 to provide scholarships for low- income households. PS-16 Food Bank for Larimer County: Kids Café Request: $27,000 Recommendation: $27,000 Percentage: 100% Kids Café provides meals for children ages 3 to 18 who are at risk of hunger. Meals are provided without regard to the income of the child’s family, but the sites where the meals are provided are in or near schools with the highest eligibility rates for free or reduced priced lunches. This application requests $27,000 to partially cover the salaries of the Kids Café Manager ($16,000) and Kids Café Coordinator ($11,000). PS-17 Front Range Exceptional Equestrians: F.R.E.E. Request: $10,200 Recommendation: $0 Percentage: 0% Front Range Exceptional Equestrians provides therapeutic horseback riding classes to children and adults with a range of special circumstances, such as traumatic brain injuries, cerebral palsy, stroke, multiple sclerosis, etc. This request is to provide scholarships to 56 low- income Fort Collins residents who can benefit from this type of therapy. PS-18 Gay, Lesbian, Bisexual, and Transgender (LGBT) Community Center (The Center): SAGE of the Rockies Elder Services Request: $7,500 Recommendation: $0 Percentage: 0% 83 of 390 10 SAGE of the Rockies is a community engagement and support program for LGBT seniors in Fort Collins. Through SAGE, seniors can participate in activities that reduce isolation and connect them to vital resources in the community. LGBT elders are five times less likely than heterosexual elders to access senior services and twice as likely to live alone. The Center is requesting $7,500 to provide salary support for a part-time coordinator for the SAGE program and for program supplies. PS-19 Health District of Northern Larimer County: Dental Connections Request: $58,250 Recommendation: $18,170 Percentage: 31% The Health District has recently taken the lead role for Dental Connections which is a collaborative effort with local dentists. Dental Connections provides oral health care to low income and disabled adults which is priced on a sliding scale. This request is to fund a portion of salaries and benefits to four employees working with Dental Connections. PS-20 Homelessness Prevention Initiative (HPI): Emergency Rental Assistance Request: $60,000 Recommendation: $45,000 Percentage: 75% Emergency Rent Assistance provides temporary funding to cover the cost of rent for families facing eviction. This application requests $60,000 to cover one-time assistance towards rent for 600 individuals (or approximately 200 households). PS-21 Laramie River Valley Rendezvous (LRVR): At-Risk Youth Wilderness Adventure Camp Request: $10,600 Recommendation: $0 Percentage: 0% LRVR is a wilderness camping trip for at-risk youth ages 13 to 16 for Larimer County. The goals are to increase the self-esteem and confidence of these youth and decrease their likelihood of becoming involved in alcohol or drug use. Funding to cover program costs associated with the week-long camp is being requested. PS-22 Larimer County Child Advocacy (CAC): Victim Services Request: $35,000 Recommendation: $24,472 Percentage: 70% The CAC seeks to reduce trauma to victimized children and their families as they move throughout the legal system. Working closely with local law enforcement and the courts child victims are interviewed on camera by a CAC Forensic interviewer, in a child- friendly environment rather than a police station or interrogation room. The CAC is seeking funding for a Bilingual Victim Advocate and Program Director/Forensic Interviewer. PS-23 Lift of Northern Colorado (The Lift): Senior and Disabled Transportation Request: $18,500 Recommendation: $0 Percentage: 0% Providing medical transportation needs for seniors and anyone disabled, temporarily or permanently, is the goal of The Lift. This $18,500 request is to help with the costs of 84 of 390 11 running The Lift: gas, insurance and salary of one driver. Larimer County donated the vehicle that is used to transport clients. PS-24 Matthews House: Empowering Youth Program Request: $33,500 Recommendation: $32,229 Percentage: 96% The Matthews House works intensively with at-risk, homeless, and abused youth, ages 16 to 21, transitioning them to become contributing adult community members. Case management, independent living skills, and aftercare are offered towards achieving self- sufficiency. This request is for 50% of two full time case manager salaries. City funds would be used for case management of youth who do not come to the program through any contract basis (e.g. homeless youth). PS-25 Neighbor to Neighbor: Housing Counseling Request: $60,188 Recommendation: $33,174 Percentage: 55% Housing Counseling consists of the following services: Emergency Rent Assistance Counseling, Pre-rental Counseling, Landlord/Tenant Counseling, Pre-purchase Counseling/Homebuyer Classes and Training, Mortgage Default Counseling and Reverse Mortgage Counseling. Neighbor to Neighbor has requested $60,188 in funding to fully fund two full-time Housing Counselors. PS-26 Neighbor to Neighbor: Rent Assistance Request: $30,000 Recommendation: $30,000 Percentage: 100% Neighbor to Neighbor’s Emergency Rent Assistance Program provides rent assistance and first month’s rent for residents who need financial assistance to maintain housing. N2N has requested $30,000 in funding to subsidize 220 persons (85 households). Clients are assisted with a one-time $300 payment for rent assistance, or $450 towards a first month’s rent payment. PS-27 Project Self-Sufficiency (PS-S): Services for Single Parent Families Request: $33,000 Recommendation: $33,000 Percentage: 100% The mission of Project Self-Sufficiency is to assist low-income single parents in their efforts to build and maintain strong, healthy families, achieve economic independence, and become free from community and government assistance. They have requested $33,000 to pay 20% of the salaries and benefits for three PS-S Advisors who work with program participants living in Fort Collins. PS-28 Rehabilitation and Visiting Nurse Association: Home Health Care Scholarships Request: $40,000 Recommendation: $35,000 Percentage: 88% RVNA provides home care services, skilled and unskilled, as well as acute and long-term care in the clients’ homes. Services include nursing, physical therapy, occupational 85 of 390 12 therapy, speech therapy, medical social services, certified nurse aide service, personal care service and homemaking services. RVNA has requested $40,000 of City funds to pay for both skilled and unskilled service for 57 low-income clients. PS-29 Respite Care: Childcare Scholarships Request: $35,000 Recommendation: $35,000 Percentage: 100% Respite Care offers day and overnight care as a service for families who have children (up to age 21) with developmental disabilities. Funding of $35,000 is being requested to help with 37 childcare assistance scholarships for low-income families. PS-30 Sexual Assault Victim Advocate (SAVA) Center: Sexual Assault Victim Services Request: $41,338 Recommendation: $18,273 Percentage: 44% SAVA provides crisis intervention, advocacy, and counseling for all those affected by sexual violence and provides prevention through community outreach and education. SAVA requests funding to support a portion of six staff members, who provide direct services to victims of sexual assault. PS-31 Touchstone Health Partners: Community Dual Disorders Treatment (CDDT) Program Request: $57,847 Recommendation: $29,011 Percentage: 50% The CDDT is a collaboration of Touchstone Health Partners, the Health District of Northern Larimer County and the Fort Collins Housing Authority which combines intensive case management and therapeutic services with housing assistance for persons with severe mental illness and severe substance abuse disorders. The request would cover partial salaries for four key positions within the CDDT team. PS-32 Touchstone Health Partners: Essential Mental Health Services at Murphy Center Request: $22,500 Recommendation: $22,500 Percentage: 100% The Connections Mental Health specialist at the Murphy Center is a Touchstone employee who provides intervention services for clients needing and seeking mental health and/or substance abuse treatment. The request would cover .41 FTE (without benefits) for this position. PS-33 Turning Point Center for Youth and Family Development: Crisis Intervention Program Request: $25,000 Withdrawn by Applicant Turning Point offers both residential and outpatient treatment programs designed to address the individual needs of children and families experiencing mental health and substance abuse disorders. The Crisis Intervention Program provides no cost treatment services to low income populations ages 4 to 23 who are in crisis due to untreated mental 86 of 390 13 health and substance abuse issues. PS-34 Teaching Tree Early Childhood Learning Center: Childcare Scholarships Request: $60,000 Recommendation: $55,000 Percentage: 92% Teaching Tree provides full-day early child care and education programs for children from 6 weeks to 8 years old. $60,000 is being requested to subsidize the difference between the sliding scale parent fee and the actual cost of care for 55 children in low- income families. PS-35 Volunteers of America (VOA): Home Delivered Meal Service Request: $33,600 Recommendation: $33,600 Percentage: 100% VOA, through its Home Delivered Meals service, offers home delivered frozen meals, nutrition education, nutrition assessment and counseling to low income seniors who are frail, homebound and struggling to meet their nutritional needs. The requested funds would leverage the federal grant and help cover the costs of providing 11,390 home delivered meals to about 102 seniors at $2.95 per meal. The service operates on a donation basis. PS-36 Women’s Resource Services (WRC): Neighborhood Promotora Project Request: $48,634 Recommendation: $0 Percentage: 0% WRC is a bridge between clients facing barriers to health care and partners in the healthcare system. The Neighborhood Promotora Project is a new endeavor in Fort Collins that employs nine, part-time Promotoras (community health workers) in eight of the most disadvantaged areas of Fort Collins. The Promotoras primary roles are to promote healthy living, recruit clients for wellness workshops and medical screening, problem solve for unmet needs and recruit residents for neighborhood leadership roles. WRC requests funding for salaries of staff that train and supervise Promotoras. Summary A summary of the Commission's funding recommendations by category is presented in the following table: Funding Recommendations by Category Category Recommended Funding % of Total CDBG Administration $229,031 13.6% Public Service $812,107 48.2% Economic Development, Housing & Public Facility $644,358 38.2% Total $1,685,496 100.0% The CDBG Commission has recommended 1,685,496 (94.4%) of the available funding amount of $1,785,496 be allocated. This year the City received a total of 46 proposals. Of those, 36 were in the Public Service category. This is an increase of eight proposals 87 of 390 14 over last year and a dollar request increase of $260,652. The Commission has recommended that 11 of the 35 Public Service proposals (one applicant withdrew from the process) receive full funding; 18 proposals receive partial funding (ranging from 31% to 96%); and 6 proposals receive no funding. In the Economic Development, Housing and Public Facility category the recommendation is for full funding for 2 housing proposals, partial funding for 1 housing proposal, full funding for one public facility proposal and no funding for the remaining 6 proposals. During the June 13 meeting the Commission voted unanimously to fully fund JAG Properties at $100,000. On July 11 staff was notified by HUD that as a private for-profit company JAG is not eligible to receive CDBG funds. At the Commission’s regular meeting held on July 11, 2013 the Commission voted to not fund JAG. Those CDBG funds will be put into the 2013 fall cycle of the Competitive Process. JAG is eligible to receive HOME and Affordable Housing Funds and have been encouraged to submit a fall proposal. The justifications for the CDBG Commission’s recommendations can be found in Attachment 5, Minutes of the June 13, 2013, meeting. The minutes from the July 11, 2013 meeting are not available at this time. Attachment 6 contains a letter from one applicant, CASA, which was received during the Public Comment period, and sent to City Council and/or the CDBG Commission. Attachment 7 contains Focus Questions used by the Commission to review the applications. Attachment 8 contains information provided to general citizen attendees on Commission’s deliberations session and how it formulates its funding recommendations. 88 of 390 Attachment 2 BACKGROUND INFORMATION ON THE COMPETITIVE PROCESS In February of 1999, the City Council approved the Priority Affordable Housing Needs and Strategies report, which contained the following strategy: Change from an administrative funding mechanism...to a competitive application process for the Affordable Housing Fund. Between September and November of 1999, a subcommittee consisting of members from the Affordable Housing Board (AHB) and the Community Development Block Grant (CDBG) Commission met with staff to review issues and develop options for establishment of a competitive process. In addition, the staff solicited ideas from existing affordable housing providers. The subcommittee established the following Mission Statement for their work: Develop a competitive application process and establish a set of shared criteria for the allocation of the City’s financial assistance resources to affordable housing projects/programs that address the City’s priority affordable housing needs. Competitive Process Five options for a competitive process were reviewed and discussed by the subcommittee. The subcommittee reached a general consensus to support a competitive process that involved both the AHB and the CDBG Commission. The option selected would have the AHB providing recommendations to the City Council in regards to affordable housing policy. In addition, the option would have the AHB reviewing all affordable housing applications for CDBG, Home Investment Partnership (HOME) and Affordable Housing funds. The Board would then provide a priority listing of proposals to the CDBG Commission. The CDBG Commission would then make the final recommendations to the City Council for funding. Funding Cycles The subcommittee also agreed that there should be two funding cycles per year, one in the spring and the other in the fall. CDBG Program funds would be allocated in the spring to affordable housing programs/projects and other community development activities (public services, public facilities, etc.). HOME funds and Affordable Housing Funds (AHF) would be allocated in the fall primarily to affordable housing programs/projects. The staff and subcommittee agreed that overlaying the new process and cycles would necessitate an increase in staff technical assistance to applicants. Both the subcommittee and staff recognize that a bi-annual process will require additional meetings by both the CDBG Commission and AHB, and will require more time from City staff, and increase the City Council’s involvement. Schedule 89 of 390 2 The subcommittee also discussed two alternative schedules for the funding cycles. The option selected incorporates a spring cycle that starts in January and ends in May, and a fall cycle that starts in July and ends in November. Review Criteria The subcommittee also discussed and agreed to a new set of review criteria to be used to rank proposals. The criteria are divided into the following five major categories: 1. Impact/Benefit 2. Need/Priority 3. Feasibility 4. Leveraging Resources 5. Capacity and History The Impact/Benefit criteria provide greater rewards to proposals that target lower income groups and provide longer benefits. The Need/Priority criteria help to assure the proposal meets adopted City goals and priorities. The Feasibility criteria reward projects for timeliness and documented additional funding. The Leveraging Resources criteria reward proposals which will return funds to the City (loans) and for their ability to leverage other resources. And, the Capacity and History criteria help gage an applicant’s ability to do the project and reward applicants that have completed successful projects in the past (have good track records). Application Forms Two new application forms have also been developed for a new on-line application process using a web-based platform through a product called ZoomGrants. One form is used for Housing proposals, while the other form is used for Non-Housing Proposals (Public Services, Public Facilities, etc.). City Council Adoption On January 18, 2000, the City Council approved Resolution 2000-13, formally adopting the Competitive Process for the allocation of City financial resources to affordable housing programs/projects and community development activities and the component parts discussed above. Human Services Program The Human Services Program (HSP) was formerly the Community Partnership Program, a joint human services funding venture between the City of Fort Collins and Larimer County. Historically administered by the County, the City’s funding portion of the program switched to internal administration as a result of the 2006 Budgeting for Outcomes (BFO) process. This funding source has been folded into the spring cycle of the Competitive Process where funding is targeted to programs that serve Fort Collins households and individuals whose incomes are at or below 80% of the Area Median Income (AMI). 90 of 390 3 Guidance Charts for CDBG, HSP, HOME and AHF There are two different “ranking sheets” which are used as guidelines for the Competitive Process. Primarily, the components listed serve to ensure that federal regulations and local policies and preferences are being addressed. These guidance charts are one set of many tools to assist the CDBG Commission and the AHB in Competitive Process decision making. The ranking sheets are completed by staff, based on information provided in proposal applications. Public (Human) Service Category Guidance Chart For Public (Human) Service applications, the ranking criteria are divided into five major categories. Each category is given a total number of points that has been weighed according to their importance with respect to local and federal priorities. PS-# [ ] Agency Name: Program Name The ranking criteria are divided into five major categories. Each category is given a total number of points that has been weighed according to its importance with respect to local and federal priorities. A. Impact/Benefit (maximum 30 points) 1. Primarily targets low income persons? (0-10) (all persons 0-30% of AMI and presumed benefit = 10 pts; at least half of the persons at or below 30% of AMI and the remaining persons at 31-50% of AMI = 8 pts; at least half of the persons at 31- 50% of AMI (or below) and at least half of the persons at 51-80% of AMI = 6 pts; all persons between 51-80% of AMI = 4 pts) 2. Project produces adequate community benefit related to cost? (0-5) 3. Does the project provide assistance for persons to gain self- sufficiency or maintain independence, or serve a special population? (0-5) 4. Does the project provide long-term benefit or affordability? (0-10) (1-10 yrs = 3 pts, 11-19 yrs = 6 pts, 20 - 30 yrs = 8 pts, permanent = 10 pts) Sub-total B. Need/Priority (maximum 15 points) 1. Meets a Consolidated Plan priority? (0-10) 2. Has the applicant documented a need for this project? (0-5) Sub-total C. Feasibility (maximum 15 points) 1. The project will be completed within the required time period? (0-3) 91 of 390 4 2. Project budget is justified? (Costs are documented and reasonable.) (0-4) 3. The level of public subsidy is needed? (Private funds are not available.) (0-4) 4. Has the applicant documented efforts to secure other funding? (0-4) Sub-total D. Leveraging Resources (maximum 20 points) 1. Does the project allow the reuse of our funding? (0-10) A. Principal and interest (30 - year amortization or less) 10 points B. Principal and no interest or principal and balloon payment (repayment) 6 points C. Due-on-sale loan 4 points D. Grant (no repayment) 2 points 2. Project leverages other financial resources? (0-10) A. Less than 1:1 0 points B. 1:1 to 1:3 4 points C. 1:3.01 to 1:6 7 points D. More than 1:6 10 points Sub-total E. Capacity and History (maximum 20 points) 1. Applicant has the capacity to undertake the proposed project? (0-10) 2. If previously funded, has the applicant completed prior projects and maintained regulatory compliance? (0-10) 3. If new, applicant has capacity to maintain regulatory compliance? (0-20) Sub-total GRAND TOTAL Housing Category Guidance Chart COMPETITIVE PROCESS SELECTION CRITERIA GUIDANCE CHART 92 of 390 5 Project ID: HO-1 HO-2 Primary Applicant: Name Name Secondary Applicant: Program/Project: Program or Project Name Program or Project Name Funding Request: $--,--- $--,--- Spring 2013 POLICIES AND STRATEGIES ALIGNMENT Name Name Affordable Housing Srtrategic/Consolidated Plan Priority Yes #? or No: Y - #1 & #3 Y - #2 Targets Low Income Persons Number of units serving households: 30% of AMI or lower: 27 1 31-50% of AMI: 6 3 51-60% of AMI: 6 3 61-80% of AMI: 1 1 81% of AMI or higher: 0 0 Total Units: 40 8 Percentage of units serving 50% of AMI or lower: 83% 50% Long Term/Benefit/Affordability Number of years of affordability: 40 N / A Serves Special Population Yes ( ? ) or No: Y (Homeless) N PLANNING FRAMEWORK ALIGNMENT Name Name Location According to City Plan located within… Skattered sites. …1/4 mile of a transit line (Yes or No): Y Unknown 1/4 mile of an employment district (Yes or No): Y Unknown 1/4 mile of a community commercial district (Yes or No): Y Unknown located in… ...the downtown (Yes or No): N Unknown ...a targeted redevelopment area (Yes or No): Y Unknown Distribution Policies of City Plan distance to nearest AH project: .25 miles Unknown nearest Affordable Housing project name: ??? Unknown Hotel FINANCIAL HEALTH ALIGNMENT Name Name Justified Budget all cost documented: X more then 1/2 costs documented: X less than 1/2 costs documented: no costs documented: 93 of 390 6 Attempt to Secure Other Funding Yes or No: Y Y Returns Funds to City principle and interest: principle, no interest, balloon: due-on-sale: X grant: X unknown: Leverage other Financial Resources Leveraging ratio (City funds .vs. other funds) 1 / ?: 1 / 11.89 1 / 1.54 PROJECT DEVELOPMENT ALIGNMENT Name Name "Ready to Go" Status "final" gap financing: some funding, but not all: X X "conceptual" project: Capacity to Undertake the Project Proven track record: X X some concerns with the capabilities: serious concerns with the capabilities: Previously Funded, Regulatory Compliance successfully adminstered previous funding: X X some administrative issues: serious administrative issues: New Applicant, Demonstrated Capacity proven administrative track record, no concerns: N/A N/A some administrative concerns: N/A N/A serious administrative concerns: N/A N/A 94 of 390 95 of 390 96 of 390 97 of 390 98 of 390 Attachment 4 BACKGROUND INFORMATION ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) and HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CDBG Program National Objectives The primary objective of the CDBG Program is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Programs and projects funded with CDBG funds must address at least one of the following three broad National Objectives: (1) provide a benefit to low or moderate income households or persons, (2) eliminate or prevent slum and blight conditions, or (3) meet urgent community development needs which pose an immediate and serious threat to the health and welfare of the community. Presented below is a comparison of City CDBG expenditures for programs and projects categorized according to the National Objectives. HUD regulations require at least 70% of CDBG funds be used for activities that primarily benefit low and moderate-income persons. National Objectives Low/Moderate Income Benefit Slum/Blight Elimination Urgent Need National Average 90% 10% 0% City Expenditures for: 2012 100% 0% 0% 2011 100% 0% 0% 2010 100% 0% 0% 2009 100% 0% 0% 2008 100% 0% 0% 2007 100% 0% 0% 2006 100% 0% 0% 2005 100% 0% 0% 2004 100% 0% 0% 2003 100% 0% 0% 2002 100% 0% 0% 99 of 390 2 CDBG Program Eligible Activities CDBG funds can be used on a wide range of activities including: (1) acquiring deteriorated and/or inappropriately developed real property (including property for the purpose of building new housing); (2) acquiring, constructing, rehabilitating or installing publicly owned facilities and improvements; (3) restoration of historic sites; (4) beautification of urban land; (5) conservation of open spaces and preservation of natural resources and scenic areas; (6) housing rehabilitation can be funded if it benefits low and moderate income people; and (7) economic development activities are eligible expenditures if they stimulate private investment of community revitalization and expand economic opportunities for low and moderate income people and the handicapped. Certain activities are ineligible, under most circumstances, for CDBG funds including: (1) purchase of equipment, (2) operating and maintenance expenses including repair expenses and salaries, (3) general government expenses, (4) political and religious activities, and (5) new housing construction. HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM Program Guidelines (Adopted by the Fort Collins City Council, July 18, 1995) Purpose: The purpose of the Home Investment Partnership (HOME) Program is to increase the supply of decent, safe, and affordable housing in the City of Fort Collins for an extended period of time. All of the HOME funds must benefit low and very low income households which are defined by the Department of Housing and Urban Development as having a total household income not exceeding 80% of the median household income for the Fort Collins area. Eligible Projects: HOME funds must be used in the following ways: 1. DIRECT HOUSING ASSISTANCE: Down payment assistance: To help low- income individuals to purchase housing for their principal residence. Applicants must meet income guidelines of no more than 80% of the current median 100 of 390 3 household income for the Fort Collins area and will be required to attend a homebuyer workshop. Assistance is in the form of zero percent deferred loan up to a maximum of $10,000 to help cover downpayment and closing cost expenses. The funding is repaid with a 5% simple interest charge when the property is sold or transferred out of the buyer’s name. Restrictions will apply which will assure the property remains affordable. This is accomplished by the “recapturing” of the HOME investment. Tenant based rental assistance: To help low-income households avoid eviction and homelessness, TBRA provides up to two years of housing subsidy and case management services to stabilize households and put them on the road to self- sufficiency. 2. NEW CONSTRUCTION of units for homeownership as well as rental occupancy targeted for low-income individuals and families which are developed, sponsored, or owned by community housing development organizations (CHDOs), non-profit agencies, and for-profit developers. 3. ACQUISITION of undeveloped, or developed, land resulting in the development or purchase of units for homeownership as well as rental occupancy. All regulations regarding income guidelines, purchase price limitations, resale limitations, rental rates, etc., will apply to acquisition projects. Eligible Property Types: Eligible property types for purchase include both existing property and newly constructed homes. Eligible property includes a single-family property, a condominium unit, a manufactured home (including mobile homes on a permanent foundation), or a cooperative unit. For purposes of the HOME program, homeownership means: (1) ownership in fee simple title, or (2) a 99 year leasehold interest, or (3) ownership or membership in a cooperative, or (4) an equivalent form of ownership which has been approved by the Department of Housing and Urban Development. The value and purchase price of the HOME assisted property to be acquired must not exceed 95% of the area median purchase price for that type of housing as established by HUD. RECAPTURE RESTRICTIONS WILL APPLY. (The value must be verified by a qualified appraiser or current tax assessment.) Initial purchase price limit established by HUD is currently $212,015. HOME Program Priorities The 2010-2014 Consolidated Plan, a planning document required for HUD by entities receiving federal monies for housing and community development activities, identifies the following priorities for housing related needs: 101 of 390 4 1. Stimulate housing production for very low, low and moderate income households. 2. Increase home ownership opportunities for very low, low and moderate income households. 3. Increase the supply of public housing for families and those with special needs. Implementation and funding of activities to address these priorities will come, in part, from the City of Fort Collins HOME Investment Partnership Program. 102 of 390 Attachment 5 MINUTES FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) JUNE 13, 2013 DELIBERATIONS MEETING TO MAKE FUNDING RECOMMENDATIONS FOR THE 2013 SPRING COMPETITIVE PROCESS The following pages contain the meeting minutes of the CDBG Commission’s deliberations meeting where funding recommendations to City Council were formulated. The meeting took place Thursday, June 13, 2013. These minutes have not been approved by the CDBG Commission at this time. Approval will take place at the upcoming July 11, 2013 meeting. 103 of 390 2 COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION FUNDING DELIBERATIONS 215 N. MASON ST., FORT COLLINS JUNE 13, 2013, 5:30 P.M. COMMISSION MEMBERS PRESENT: Kay Rios, Chair Anita Basham Robert Browning Gordon Coombes Catherine Costlow Jamaal Curry Margaret Long Kristin Stephens COMMISSION MEMBERS ABSENT: None STAFF PRESENT: Heidi Phelps; Sharon Thomas; Beth Rosen; Sue Beck‐Ferkiss; Kellen Wittkop OTHERS PRESENT: A dozen citizens; Kate Jeracki, Note Taker The meeting was called to order by Chair Kay Rios at 6 p.m. The purpose of the meeting was to allocate funds requested during the 2013 Spring Cycle of the Competitive Process. The Commission deliberated one Economic Development request; six Housing requests; three Public Facility requests and 35 Public Service requests. The Commission received requests for $2,346,925 for ED/Housing/Public Facility funding; $744,358 was available to allocate. Public Service requests totaled $1,264,860, while $812,107 was available. Sharon Thomas opened the meeting with thanks to the Commission for its efforts during the unusually long process in this funding cycle. She asked any citizens with questions or concerns about the process or the decisions reached tonight to contact her before the Commission’s recommendations go before City Council on July 16. Chair Kay Rios recapped the process for deliberations and reminded the public that the Commission would not take comments tonight. 104 of 390 3 ED‐1 CoFC: FOCO Cafe ‐‐ $80,000 requested Kristin Stephens moved zero funding for ED‐1. Gordon Coombes seconded. Stephens said while a pay‐what‐you‐wish café is a nice, novel idea, it doesn’t support housing opportunities. She hopes the Commission can look at it again in the future. Motion passed unanimously. No funding approved. HO‐1 Asbury House: Housing Purchase ‐‐ $375,000 requested Anita Basham moved zero funding for HO‐1. Kay Rios seconded. Basham said it was too early in the process to fund this program, since the applicant is not ready to purchase the property. Rios agreed. Motion passed unanimously. No funding approved. HO‐2 CARE Housing: Provincetowne II ‐‐ $250,000 requested Bob Browning moved to fully fund HO‐2; Gordon Coombes seconded. Browning said that this was longest ongoing project before the Commission and it was time to get it off the table. Coombes agreed. Motion passed unanimously. Full funding approved. HO‐3 Habitat for Humanity: Cottages at Avondale ‐‐ $45,000 requested Anita Basham moved to fully fund HO‐3. Gordon Coombes seconded. Basham said that this project offers nice units that meet the goals of the No. 2 priority of the city’s strategic plan. Coombes added that Habitat is a proven a successful program. Motion passed unanimously. Full funding approved. HO‐4 Housing Catalyst (FCHA): Cunningham Corner Rehab ‐‐ $500,000 requested Kay Rios moved zero funding for HO‐4. Margaret Long seconded. Rios pointed out that this project can come back for funding in the fall cycle, while some others before the Commission tonight cannot. Long agreed. 105 of 390 4 Kristin Stephens said the project is necessary and worth doing because the many units need to be fixed up so people can live there. Jamaal Curry suggested that at least partial funding would show a commitment to the project which could help with the project’s application for tax credits. Bob Browning said he could not support zero funding. Rios asked staff if zero funding would affect tax credit applications. Beth Rosen said that while she hasn’t asked about the specifics, this project has received $1 million over the last three funding cycles, and the cumulative impact is what is important. Motion failed on a 4‐4 tie, with Gordon Coombes, Jamaal Curry, Margaret Long and Kay Rios in favor. Anita Basham, Bob Browning, Catherine Costlow, and Kristin Stephens were opposed. Bob Browning moved to partially fund HO‐4 at $349,350. Kristin Stephens seconded. Browning said the large number of housing units that would be improved makes this a higher priority than some other projects, and the Commission has to fund housing first. Stephens agreed. Motion failed on a 3‐5 vote, with Browning, Stephens and Gordon Coombes in favor. Anita Basham, Catherine Costlow, Jamaal Curry, Margaret Long and Kay Rios were opposed. Catherine Costlow moved to partially fund HO‐4 at $49,358. Kay Rios seconded. Costlow said it was important to show some kind of commitment to this project. Bob Browning said he was not comfortable with the lower amount. Jamaal Curry said the Commission has already invested in the project in the past and this shows continued commitment. Motion passed 6‐2, with Bob Browning and Kristen Stephens opposed. Partial funding of $49,358 approved. HO‐5 JAG Properties: Property Purchase ‐‐ $100,000 requested Bob Browning moved to fully fund HO‐5. Margaret Long seconded. Browning said the project was ready to go, and people need this sort of facility, which also provides skills training. Long agreed. Motion passed unanimously. Full funding approved. HO‐6 Neighbor to Neighbor: Energy Efficiency Projects ‐‐ $221,925 requested 106 of 390 5 Anita Basham moved zero funding for HO‐6. Bob Browning seconded. Basham said while Neighbor to Neighbor is really focused on housing, this money is for energy upgrades, and the Affordable Housing Board placed it at the bottom of its list of priorities. Browning agreed, pointing out that the payback on the investment would not happen for about 10 years and the Commission has higher priorities to fund. Motion passed unanimously. No funding approved. PF‐1 Asbury House: Facility Purchase ‐‐ $375,000 requested Kay Rios moved zero funding for PF‐1. Gordon Coombes seconded. Rios said this is not a statement about the program, but that the project is still in the conceptual stage with a long way to go. With limited money, she would not want to fund such a new program at the expense of other programs. Coombes and Anita Basham both agreed. Motion passed unanimously. No funding approved. PF‐2 Elderhaus: Property Purchase ‐‐ $300,000 requested Margaret Long moved to fully fund PF‐2. Kay Rios seconded. Long said this project addresses the needs of a demographic at risk, seniors facing cognitive difficulties. Such facilities are hard to find a site for, but can help maintain seniors in their homes by assisting families with care. Rios agreed. Bob Browning said the property will not be used for housing, so he cannot support the request. He would prefer to use the money to support HO‐4. Motion passed 4‐3, with Jamaal Curry abstaining and Anita Basham, Catherine Costlow, Margaret Long and Kay Rios in favor. Bob Browning, Gordon Coombs and Kristin Stephens were opposed. Full funding approved. PF‐3 SAVA Capital Campaign ‐‐ $100,000 requested Bob Browning moved zero funding for PF‐3. Kay Rios seconded. Browning said this was not a housing project, and he does not want to take funding away from housing for it. He noted that SAVA received $175,000 in the last funding cycle. Rios agreed. 107 of 390 6 Motion passed 4‐3, with Jamaal Curry abstaining, Browning, Rios, Anita Basham and Gordon Coombes in support, Catherine Costlow, Margaret Long and Kristin Stephens opposed No funding approved. Staff updated the draft Funding Matrix to reflect the CDBG Commission’s decisions. Jamaal Curry moved that the Commission approve the final Funding Matrix for Economic Development, Housing and Public Facility funds as presented. Anita Basham seconded. Motion passed 6‐2, with Bob Browning and Kristin Stephens opposed. Commission took a 10‐minute break at 7 p.m., then continued consideration of requests for Public Service Program funding. After the first round of deliberations, the Commission needed to cut an additional $32,441 from its preliminary allocations. PS‐1 Alliance for Suicide Prevention: Education and Awareness Program ‐‐ $4,200 requested Bob Browning moved to fully fund PS‐1. Jamaal Curry seconded. Browning said this program has a lot of reach for a small amount of money, and addresses a growing problem. Curry agreed. Motion passed unanimously. Full funding approved. PS‐2 B.A.S.E. Camp: Childcare Scholarships ‐‐ $60,000 requested Jamaal Curry moved to fully fund PS‐2. Kay Rios seconded. Curry said this is a long‐ term program with a successful track record that provides year‐round child care that helps sustain families when the kids are not in school and the parents have to work. Rios agreed. Motion passed unanimously. On the second round of deliberations, Gordon Coombes moved to reduce funding to PS‐2 to $55,000. Kay Rios seconded. Motion passed unanimously. Partial funding of $55,000 approved. 108 of 390 7 PS‐3 Boys & Girls Club: After‐School‐Break Child Care/Youth Program ‐‐ $24,907 requested Jamaal Curry moved to fully fund PS‐3. Anita Basham seconded. Curry said this is a program that serves families who need to work, providing quality child care for just $5 per year, while providing benefits to the kids. He shared that it is not just babysitting–the program helps kids learn so much and develop positive skills. Basham agreed. Kristin Stephens added that B&G Clubs serve an age group not eligible for traditional daycare. Motion passed 7‐1, with Bob Browning opposed. Full funding approved. PS‐4 CASA Program: Court Appointed Special Advocate ‐‐ $26,250 requested Gordon Coombes moved zero funding for PS‐4. Anita Basham seconded. Coombes said these are services that other entities within the system can provide. Basham agreed. Bob Browning said he could not support zero funding, because this is a good program, although he can’t justify full funding because there is some duplication of services. He suggested funding at $15,309, enough to cover the applicant’s first priority of a case administrator, but did not offer a friendly amendment. Motion failed 4‐3, with Browning, Catherine Costlow, Kristen Stephens and Kay Rios opposed and Jamaal Curry abstaining. On the second round of deliberation, Bob Browning moved to increase funding to PS‐4 to $15,309. Catherine Costlow seconded. Browning said he was not comfortable with zero funding, and this amount would fund the applicant’s first priority. Motion failed 4‐3, with Browning, Costlow and Kay Rios in favor and Jamaal Curry abstaining. No funding approved. PS‐5 CASA Program: Harmony House Supervised Visit Center ‐‐ $24,500 requested Gordon Coombes moved zero funding for PS‐5. Kay Rios seconded. Coombes said there are other ways of providing this service, some of which are privately funded. Rios agreed. Bob Browning said he couldn’t support zero funding, because the alternative is supervision by the police department. 109 of 390 8 Bob Browning offered a friendly amendment to partially fund PS‐5 in the amount of $8,950, which would cover the applicant’s first priority. Coombes and Rios accepted the amendment. Amended motion passed unanimously. Partial funding of $8,950 approved. PS‐6 Catholic Charities: Senior Services ‐‐ $15,000 requested Margaret Long moved to fully fund PS‐6. Kay Rios seconded. Long said this is a program that addresses the needs of the senior demographic at no cost to them, helping to keep them in their homes. Rios agreed, adding that despite the name, this is not a religiously‐based program. Motion passed 7‐1, with Bob Browning opposed. Full funding approved. PS‐7 Catholic Charities: Shelter and Rapid Rehousing ‐‐ $60,000 requested Bob Browning moved to partially fund PS‐7 in the amount of $40,000. Jamaal Curry seconded. Browning pointed out that this amount would fund the applicant’s first priority‐‐shelter staff. Curry agreed. Motion passed unanimously. Partial funding of $40,000 approved. PS‐8 Center for Family Outreach: Assessments Low‐Income Youth ‐‐ $8,000 requested Bob Browning moved to fully fund PS‐8. Gordon Coombes seconded. Browning said this program provides important early help for kids. Coombes agreed. Motion passed unanimously. Full funding approved. PS‐9 ChildSafe Colorado: Child Sexual Abuse Treatment Program ‐‐ $23,000 requested Gordon Coombes moved to fully fund PS‐9. Bob Browning seconded. Coombes pointed out that without treatment children experience far‐reaching effects of sexual abuse, and getting them help early can help reduce other problems later in life. Browning agreed. 110 of 390 9 Motion passed unanimously. Full funding approved. PS‐10 Colorado Health Network – NCAP: Client Services/Homelessness Prevention ‐‐ $28,480 requested Kay Rios moved to fully fund PS‐10. Kristin Stephens seconded. Rios pointed out that clients can’t get services elsewhere. Stephens agreed. Anita Basham offered a friendly amendment to partially fund PS‐10 in the amount of $14,240, which would fund the applicant’s first priority. Rios and Stephens accepted the amendment. Amended motion passed unanimously. Partial funding of $14,240 approved. PS‐11 Crossroads Safehouse: Advocacy Program ‐‐ $98,623 requested Kay Rios moved to partially fund PS‐11 in the amount of $43,515. Gordon Coombes seconded. Rios said that the application priority list breaks out several different salaries, and since the Commission can’t fund them all, she would like to provide an amount that would fund the directors and managers who are key to keeping the facility open. Coombes said Crossroads is a good program, but given this year’s budget, the full request is a lot of money. Bob Browning said he would rather not change the applicant’s priorities, which listed the administrators as second to the youth advocates. Bob Browning offered a friendly amendment to fund PS‐11 in the amount of $31,885 to partially fund youth director and 1.5 youth advocates. Both Kay Rios and Gordon Coombes accepted the amendment. Amended motion passed unanimously. On the second round of deliberation, Bob Browning moved to reduce funding to PS‐ 11 to $14,711. The motion received no second. Partial funding of $31,885 approved. PS‐12 Disabled Resource Services: Access to Independence (ATI) ‐‐ $30,193 requested Anita Basham moved to fully fund PS‐12. Kay Rios seconded. Basham said that now that DRS has moved into its new facility, it needs funds for case managers to handle the increased load. Bob Browning said he was more in favor of funding the applicant’s first priority than in full funding. 111 of 390 10 Bob Browning offered a friendly amendment to partially fund PS‐12 in the amount of $26,186. The amendment was accepted by Basham and Rios. Amended motion passed unanimously. Partial funding of $26,186 approved. PS‐13 Education and Life Training Center (ELTC): JobReady and Circles Employment ‐‐ $59,125 requested Kay Rios moved to partially fund PS‐13 in the amount of $29,310. Bob Browning seconded. Rios said this level of funding provides for 50 percent of the JobReady staff. Circles is a new program, with not enough support for how successful it is. Browning agreed, saying this amount will fund the applicant’s first priority. Motion passed unanimously. Partial funding of 29,310 approved. PS‐14 Elderhaus: Mindset Therapy Center Program ‐‐ $34,925 requested Bob Browning moved to partially fund PS‐14 in the amount of $20,000. Jamaal Curry seconded. Browning said this is a good program that should be funded. Curry agreed, and asked for a clarification from staff that this amount would fund the applicant’s first priority. Motion passed unanimously. Partial funding of $20,000 approved. PS‐15 Family Center: Childcare Scholarships ‐‐ $45,000 requested Kristin Stephens moved to fully fund PS‐15. Kay Rios seconded. Stephens pointed out that there are not a lot of options for child care for lower income parents. Rios agreed. Motion passed unanimously. On the second round of deliberations, Catherine Costlow moved to reduce funding to PS‐15 to $40,000. Bob Browning seconded. Motion passed unanimously. Partial funding of $40,000 approved. 112 of 390 11 PS‐16 Food Bank for Larimer County: Kids Café Program ‐‐ $27,000 requested Kristin Stephens moved to fully fund PS‐16. Jamaal Curry seconded. Stephens said feeding kids in the summer should be a priority, and this is a program with low expenses. Curry agreed, saying that the important part for him is that it operates in the summer when school is not in session, and this might be their only meal of the day. Motion passed 7‐1, with Bob Browning opposed. On the second round of deliberations, Bob Browning moved to reduce funding to PS‐ 16 to $16,000. The motion received no second. Full funding approved. PS‐17 Front Range Exceptional Equestrians: F.R.E.E. ‐‐ $10,200 requested Anita Basham moved zero funding for PS‐17. Gordon Coombes seconded. Basham said this is the first time this program has come to the Commission and it is too new to judge results. Coombes agreed, adding that the Commission has other funding commitments. Bob Browning agreed with zero funding until the program has a proven track record. Kay Rios said the Commission should support what works, and if funds are limited, should go with tested programs. Motion passed unanimously. No funding approved. PS‐18 GLBT Community Center: SAGE of the Rockies Elder Services ‐‐ $7,500 requested Bob Browning moved zero funding for PS‐18. Kay Rios seconded. Browning said that while this population is underserved, this application duplicated other services. Rios agreed. Motion passed 7‐1, with Margaret Long opposed. No funding approved. PS‐19 Health District of Larimer County: Dental Connections ‐‐ $58,250 requested Margaret Long moved to fully fund PS‐19. Kristin Stephens seconded. Long said this program makes use of pro bono work by local dentists to meet the dental needs of low‐income adults, and adults who have healthy teeth are healthier overall. 113 of 390 12 Stephens agreed, adding that physical health and appearance are vital for getting a job. Motion failed on a 4‐4 tie, with Jamaal Curry, Catherine Costlow, Bob Browning and Gordon Coombes opposed. Catherine Costlow moved to partially fund PS‐19 in the amount of $30,000. Kristin Stephens seconded. Costlow said this amount would fund the applicant’s top two priorities. Kay Rios offered a friendly amendment to make the amount $29,340 the exact amount of the top two priorities. Both Costlow and Stephens accepted the amendment. Amended motion passed unanimously. On the second round of deliberations, Bob Browning moved to reduce funding of PS‐ 19 to $18,170. Kay Rios seconded. Browning said this would fund the applicant’s first priority. Motion passed 7‐1, with Margaret Long opposed. Partial funding of $18,170 approved. PS‐20 Homelessness Prevention Initiative: Emergency Rental Assistance ‐‐ $60,000 requested Kay Rios moved to fully fund PS‐20. No second was received. Jamaal Curry moved to partially fund PS‐20 at $45,000. Gordon Coombes seconded. Curry said this is the amount the program received last year, and although the Commission can’t fund it fully, ending homelessness is a priority for the city. Coombes agreed, saying it was a good program but full funding just isn’t feasible. Motion passed unanimously. Partial funding of $45,000 approved. PS‐21 Laramie River Valley Rendezvous: At‐Risk Youth Camp ‐‐ $10,600 requested Gordon Coombes moved zero funding for PS‐21. Bob Browning seconded. Coombes said this is a successful program that has used other sources of funding in the past, and suggested it return to those sources first. Browning agreed. Motion passed 7‐1, with Anita Basham opposed. No funding approved. 114 of 390 13 PS‐22 Larimer County Child Advocate Center: Victim Services ‐‐ $35,000 requested Gordon Coombes moved to partially fund PS‐22 in the amount of $24,472. Bob Browning seconded. Coombes said this program has a long history of successful outreach, and although it has gone through rough times recently, it will need resources after this storm. Browning agreed, saying this amount will fund the applicant’s first priority. Motion passed unanimously. Partial funding of $24,472 approved. PS‐23 The Lift of Northern Colorado: Senior and Disabled Transport ‐‐ $18,500 requested Margaret Long moved to partially fund PS‐23 at $15,000. The motion received no second. Bob Browning moved zero funding for PS‐23. Gordon Coombes seconded. Browning said he felt these services were duplicative, with the applicant being the third or fourth party into the market. Margaret Long disagreed, said these are services not offered by any other providers in areas no longer served by Dial‐a‐Ride or SAINT. Anita Basham agreed, pointing out that Dial‐a‐Ride has a limited area, and this application would serve the “donut hole” of transportation for the disabled and the elderly. Motion passed 5‐3, with Margaret Long, Anita Basham and Kay Rios opposed. No funding approved. PS‐24 Matthews House: Empowering Youth Program ‐‐ $33,500 requested Gordon Coombes moved to fully fund PS‐24. Anita Basham seconded. Coombes said this is a good program that serves “gap” children who are aging out of foster care to help them adjust to adulthood and be successful. Basham added that it serves young adults up to age 21. Motion passed 6‐2, with Catherine Costlow and Bob Browning opposed. Partial funding of $32,229 approved. PS‐25 Neighbor to Neighbor: Housing Counseling ‐‐ $60,188 requested 115 of 390 14 Kay Rios moved to partially fund PS‐25 in the amount of $33,174. Jamaal Curry seconded. Rios said it was important to help people understand the responsibilities of homeowership, and this amount would fund one full‐time counselor. Curry agreed. Motion passed unanimously. Partial funding of $33,174 approved. PS‐26 Neighbor to Neighbor: Rent Assistance ‐‐ $30,000 requested Gordon Coombes moved to fully fund PS‐26. Kay Rios seconded. Coombes said this is a good program that the Commission has supported in the past and it gets more people into homes. Rios agreed, adding that it keeps people in their homes, too. Motion passed unanimously. Full funding approved. PS‐27 Project Self‐Sufficiency: Service Single Parent Families ‐‐ $33,000 requested Kay Rios moved to fully fund PS‐27. Gordon Coombes seconded. Rios said this program has been successful while operating at little cost with good turnout. Coombes agreed. Motion passed 7‐1, with Catherine Costlow opposed. Full funding approved. PS‐28 Rehabilitation and Visiting Nurse Association: Home Health Care Scholarships ‐‐ $40,000 requested Anita Basham moved full funding for PS‐28. Gordon Coombes seconded. Basham said this is the only place where both young and old can get the care they need to keep them in their homes, on a sliding fee scale. Coombes agreed. Kay Rios added that home health care also prolongs the life of the people being served. Motion passed unanimously. On the second round of deliberation, Catherine Costlow moved to reduce funding to PS‐28 to $35,000. Kristin Stephens seconded. Motion passed unanimously. Partial funding of $35,000 approved. 116 of 390 15 PS‐29 Respite Care: Childcare Scholarships ‐‐ $35,000 requested Kristin Stephens moved to fully fund PS‐29. Gordon Coombes seconded. Stephens said this is the only group providing care for special needs children so their parents can keep a job and keep the family healthy. Coombes added that it helps keep people in a challenging situation employed. Motion passed unanimously. Full funding approved. PS‐30 SAVA Center: Sexual Assault Victim Services ‐‐ $41,338 requested Bob Browning moved to partially fund PS‐30 in the amount of $18,273. Gordon Coombes seconded. Browning said this amount would fund the applicant’s first two priorities. Motion passed unanimously. Partial funding of $18,273 granted. PS‐31 Touchstone Health Partners: CDDT Program ‐‐ $57,847 requested Bob Browning moved to partially fund PS‐31 in the amount of $29,011. Kristin Stephens seconded. Browning said this would fund the first priority of this high priority program. Stephens agreed, saying clients would otherwise be homeless. Motion passed unanimously. Partial funding $29,011 granted. PS‐32 Touchstone Health Partners: Mental Health – Murphy Center ‐‐ $22,500 requested Kristin Stephens moved to fully fund PS‐32. Jamaal Curry seconded. Stephens said that last year this program served 278 people making 0‐30 percent of AMI, and it provides a big bang for the buck and there have been cuts to mental health services by other funders this year. Curry agreed, saying there is a growing need for these services. Stephens said in 2011, the program served 120 people/day; in 2012 it was 137/day and already this year it has served 157/day, and these are services not duplicated elsewhere. Bob Browning asked if there was any city funding for this program, but Sharon Thomas said the city funding goes to the United Way, not directly to the Murphy Center. Motion passed 6‐2, with Bob Browning and Catherine Costlow opposed. 117 of 390 16 Full funding approved. PS‐33 Turning Point: Crisis Intervention Program ‐‐ WITHDRAWN PS‐34 (UDCC) Teaching Tree: Childcare Scholarships ‐‐ $60,000 requested Kristin Stephens moved to fully fund PS‐34. Bob Browning seconded. Stephens said infant care is hard to find, and this program provides it for those making 0‐30 percent of AMI, who could not afford care without these scholarships and could not work. Browning agreed, saying it keeps people working while doing the right thing for their kids. Motion passed unanimously. On the second round of deliberations, Bob Browning moved to reduce funding for PS‐34 to $55,000. Kay Rios seconded. Motion passed unanimously. Partial funding of $55,000 approved. PS‐35 Volunteers of America: Home Delivered Meals Program ‐‐ $33,600 requested Kay Rios moved to fully fund PS‐35. Jamaal Curry seconded. Rios said this is a program that helps people stay in their homes and enjoy a higher quality of life. Curry agreed. Motion passed unanimously. Full funding approved. PS‐36 Women’s Resource Center: Neighborhood Promotora Project ‐‐ $48,634 requested Kay Rios moved zero funding for PS‐36. Bob Browning seconded. Rios said she felt the applicant had not adequately answered questions about the impact of the program, and with 44 objectives, the impact is hard to measure. Browning agreed, saying it is a new program and its track record is unclear. Rios added that the applicant can come back to the Commission in the future. Motion passed unanimously. No funding approved. 118 of 390 17 Wrap‐Up Motions Staff updated the funding matrix to reflect Commission decisions. Bob Browning moved to accept the final funding matrix for the Public Service category as presented. Anita Basham seconded. The motion passed unanimously. Bob Browning moved that the Commission approve HOME funds in the amount of $765,981 for administration of the HOME program ($64,862) and specific project allocation ($701,119) in the Fall 2013 Competitive Process funding cycle. Kay Rios seconded. The motion passed unanimously. Jamaal Curry moved to accept the entire funding matrix, encompassing the Economic Development/Housing/Public Facility and Public Service categories, as presented. Bob Browning seconded. The motion passed unanimously. The funding recommendations will go before City Council for final approval on July 16 at 6 p.m. The next regular meeting of the Community Development Block Grant Commission is set for July 11, 6:30 p.m., 215 N. Mason St., Fort Collins. Meeting adjourned at 8:03 p.m. 119 of 390 120 of 390 121 of 390 122 of 390 123 of 390 124 of 390 Attachment 7 City of Fort Collins: Spring Competitive Process Cycle Public (Human) Service Category (rev: 2/12) Focus Questions for CDBG Commission Decision Making: “The Big Framework”  One of the three main national objectives for CDBG funds is “benefit to low and moderate income persons or households.”  Historically, the City’s Human Service Program funds have been used for various services benefiting primarily low and moderate income persons in Fort Collins. Questions: 1) Is it serving the lower end income levels? 2) How many is it serving? 3) Is there a majority of Fort Collins area residents being served? 4) Is it a good cost/unit (understanding that the cost of case management is more than the cost of a hot meal)? 5) Who else needs to be stepping up to the plate in terms of funding or service (volunteers)? 6) Maslow’s Hierarchy: Is it critical in terms of: a) Food, shelter or other basic needs b) Health and safety issues c) Serving a special population, or d) Self-sufficiency or major empowerment (teaching to fish vs. giving a fish)? 7) Is there anyone else in the community who can or is serving this need (i.e., trying to avoid duplication of service)? 8) Is City money being used as “gap financing”, match money, or seed money? 9) Is this a program/project where City $ is really making a difference for, i.e., -- it’s nobody else’s “baby”, not “sexy”, or there’s been a critical cut in funding? 10) Has project/program been aggressively seeking other funding sources? 11) If the agency requesting funding has a statewide or national base, is the umbrella organization providing adequate proportionate funding and resources? (Is the local operation a priority for them?) 12) How does this application address and provide solutions for social sustainability issues in our community? 125 of 390 Attachment 8 Formulation of Funding Recommendations Session: Information Sheet City of Fort Collins CDBG Commission The Community Development Block Grant (CDBG) Commission has prepared this hand-out to help you understand how the Commission formulates funding recommendations for City Council. It is the Commission’s wish that our methodology during this meeting be understandable to even the most casual observers. As you might imagine, the entire process is complex and time-consuming, especially given that requests usually greatly exceed the amount of available funding. City staff has prepared an electronic matrix in advance which shows each application, the funding requested, and the total funds available. The Commission discusses the pros and cons of every application within each major funding category (Housing, Public Service, etc.). The order in which applications are discussed has no bearing on the final outcome, and there is no danger of ‘running out’ of funds before all applications are fully discussed. There will be preliminary funding motions made, seconded, and approved throughout the deliberation process. These recommendations will be incorporated into the matrix. It must be emphasized that the matrix is a working document. Any figures used, whether they be for full, partial, or zero funding, are tentative until a final vote is taken for each category. It is also possible that the total funds listed on the matrix might exceed the total of funds available at any point in the process. After all applications within a major funding category have been discussed, the Commission starts to finalize its funding recommendations to City Council. The matrix gets adjusted accordingly. Funding amounts shown on the matrix may change drastically -- either positively or negatively -- during this part of the process. As a final action, the Commission agrees on the matrix as shown (reflecting the funding recommendations) by: a motion to accept it, a second to the motion, and a positive majority vote. The recommendation is then forwarded to Council. While the Commission’s main purpose is to provide Council with the best funding allocation alternative, the Commission is also sensitive that the funds being recommended for expenditure are taxpayer-provided. For this reason, it is entirely possible that not all available funds may be recommended for expenditure. Some applications may be recommended for zero or reduced funding, even if there is still money available. Finally, while this meeting is open to the public, in fairness to applicants who are not present, no public comments will be taken. 126 of 390 REVISED 7/15/13 RESOLUTION 2013-062 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE CITY’S HUMAN SERVICES PROGRAM WHEREAS, the Community Development Block Grant (CDBG) Program is an ongoing grant administration program funded by the Department of Housing and Urban Development (HUD); and WHEREAS, the City has received CDBG Program funds since 1975; and WHEREAS, the City Council has budgeted General Fund dollars in the Human Services Program for use in assisting community development activities; and WHEREAS, on January 18, 2000, the City Council approved Resolution 2000-013, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs and projects, and community development activities; and WHEREAS, since January 2013, the CDBG Commission has held a public hearing to obtain citizen input on community development and affordable housing needs, and has heard presentations and asked clarifying questions of each applicant that submitted a proposal to the City requesting funding; and WHEREAS, on June 13, 2013, the CDBG Commission met in a special meeting for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded with the FY 2013 CDBG Entitlement Grant, FY 2013 CDBG Program Income, and funds from the City’s 2013 Human Services Program, including Keep Fort Collins Great funds; and WHEREAS, as required by HUD regulations, a 30-day public comment period began on June 17, 2013, and ended on July 16, 2013, and to date no comments have been received; and WHEREAS, on July 11, 2013, the CDBG Commission met and adopted a revised recommendation to redistribute funds made available by the elimination of an ineligible grant to other community development projects, which adjusted funding recommendations are reflected in this Resolution; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission and has determined that the City’s 2013 allocation should be made as set out in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that City staff is hereby authorized to submit an application to HUD as follows: 127 of 390 Section 1. PLANNING and ADMINISTRATION City of Fort Collins: CDBG Administration $229,031 Section 2. ECONOMIC DEVELOPMENT, AFFORDABLE HOUSING and PUBLIC FACILITIES Applicant Project/Program Commission’s Recommended Funding HO-2 CARE Housing: Provincetowne II $250,000 HO-3 Habitat for Humanity: Cottages at Avondale $45,000 HO-4 Housing Catalyst (FCHA): Cunningham Corner Rehab $49,358 HO-5 JAG: Property Purchase $100,000 PF-2 Elderhaus: Property Purchase $300,000 Economic Development, Housing & Public Facility Total $7644,358 Section 3. PUBLIC SERVICES Applicant Project/Program Commission’s Recommended Funding Alliance for Suicide Prevention: Education & Awareness Programs $4,200 B.A.S.E. Camp: Childcare Scholarships $55,000 Boys & Girls Club: After-School & School-Break Childcare/Youth Prog. $24,907 CASA Program: Harmony House Supervised Visit Center $8,950 Catholic Charities: Senior Services $15,000 Catholic Charities: Shelter & Rapid Rehousing $40,000 Center for Family Outreach: Assessments Low-Income Youth $8,000 ChildSafe Colorado: Child Sexual Abuse Treatment Program $23,000 Colo. Health Network (NCAP): Client Services & Homelessness Prev $14,240 Crossroads Safehouse: Advocacy Program $31,885 Disabled Resource Services: Access to Independence (ATI) $26,186 -2- 128 of 390 Education & Life Training Center: JobReady & Circles Employment $29,310 Elderhaus: Mindset Therapy Center Program $20,000 Family Center: Childcare Scholarships $40,000 Food Bank for Larimer County: Kids Café $27,000 Health District of Larimer County: Dental Connections $18,170 Homelessness Prevention Initiative: Emergency Rental Assistance $45,000 Larimer County Child Advocate Center: Victim Services $24,472 The Matthews House: Empowering Youth Program $32,229 Neighbor to Neighbor: Housing Counseling $33,174 Neighbor to Neighbor: Rent Assistance $30,000 Project Self-Sufficiency: Services for Single Parent Families $33,000 Rehab. & Visiting Nurse Association: Home Health Care Scholarships $35,000 Respite Care: Childcare Scholarships $35,000 SAVA Center: Sexual Assault Victim Services $18,273 Touchstone Health Partners: CDDT Program $29,011 Touchstone Health Partners: Mental Health Services – Murphy Center $22,500 Turning Point: Crisis Intervention Program Teaching Tree Early Childhood Learning Center: Childcare Scholarships $55,000 Volunteers of America: Home Delivered Meals Program $33,600 Public Service Total $812,107 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July A.D. 2013. Mayor ATTEST: City Clerk -3- 129 of 390 ORDINANCE NO. 099, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City will receive in federal fiscal year 2013-2014 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds totaling $995,649; and WHEREAS, the City also received unanticipated CDBG Program income in the 2012-2013 federal fiscal year in the amount of $149,513; and WHEREAS, by adoption of Resolution 2013-062 the City Council approved the 2013 Community Development Block Grant Program; and WHEREAS, by adoption of Resolution 2013-062 the City Council authorized the City Manager to transmit for approval the 2013 Fort Collins Consolidated Annual Action Plan to HUD as required to receive the grant funds; and WHEREAS, Article V, Section 9, of the City Charter permits City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, City staff has determined that the appropriation of all unanticipated CDBG grant and program revenue as described herein will not result in total appropriations in excess of the current estimate of actual and anticipated revenues for fiscal year 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2013-2014 into the Community Development Block Grant Fund, the sum of NINE HUNDRED NINETY-FIVE THOUSAND SIX HUNDRED FORTY-NINE DOLLARS ($995,649), upon receipt thereof for federal fiscal year 2013-2014 Community Development Block Grant Funds. Section 2. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof into the Community Development Block Grant Fund, the sum of ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED THIRTEEN DOLLARS ($149,513), for approved Community Development Block Grant projects. 130 of 390 Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 131 of 390 RESOLUTION 2013-063 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FISCAL YEAR 2013 ADMINISTRATION AND PROJECT BUDGETS FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM WHEREAS, the purpose of the Home Investment Partnership (HOME) Program is to increase the supply of decent, safe, and affordable housing in the City of Fort Collins for an extended period of time; and WHEREAS, the City’s Consolidated Plan identifies the following priorities for housing related needs: (1) stimulate housing production for very low, low and moderate income households, (2) increase home ownership opportunities for very low, low and moderate income households, and (3) increase the supply of public housing for families and those with special needs; and WHEREAS, specific projects for the use of federal HOME funds will be determined in November as a result of the fall funding cycle of the competitive process for the allocation of the City’s financial resources to affordable housing programs and projects, and community development activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that City staff is hereby authorized to submit the FY 2013 Home Investment Partnership Program application as follows: Funding Source Amount FY 2013 HOME Participating Jurisdictions Grant $521,147 FY 2013 Program Income $244,834 Total $765,981 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July A.D. 2013. Mayor ATTEST: City Clerk 132 of 390 ORDINANCE NO. 100, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities which would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City has been notified by HUD that the City’s HOME Participating Jurisdiction Grant for the federal fiscal year 2013-2014 is $521,147; and WHEREAS, the City also received unanticipated HOME Program income in the 2012-2013 federal fiscal year in the amount of $244,834; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2013 fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the fiscal year until the expiration of the federal grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2013-2014 in the HOME Program Fund the sum of FIVE HUNDRED 133 of 390 TWENTY-ONE THOUSAND ONE HUNDRED FORTY-SEVEN DOLLARS ($521,147), upon receipt from federal fiscal year 2013-2014 HOME Participating Jurisdiction Grant Funds. Section 2. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fund the sum of TWO HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED THIRTY-FOUR DOLLARS ($244,834), for approved HOME Program projects. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 134 of 390 DATE: July 16, 2013 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT First Reading of Ordinance No. 101, 2013, Calling a Special Municipal Election to Be Held in Conjunction with the November 5, 2013 Larimer County Coordinated Election. EXECUTIVE SUMMARY This Ordinance calls a Special Municipal Election to be held in conjunction with the November 5, 2013 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 20 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 5, 2013 ballot. However, a group of citizens is currently circulating an initiative petition relating to a moratorium on the use of hydraulic fracturing. The deadline to submit the petition to the City Clerk’s Office is August 5, 2013. Adoption of this Ordinance is a required step in preserving the option for City Council to submit the initiated ordinance, and/or any other ballot measures that Council may desire, at the November 5, 2013 Coordinated Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 135 of 390 ORDINANCE NO. 101, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 5, 2013 LARIMER COUNTY COORDINATED ELECTION WHEREAS, under Article X, Section 1 of the City Charter, the registered electors of the city have the power to propose a measure to the City Council, and if the City Council fails to adopt such measure, to have the same considered by the electors of the City at the polls; and WHEREAS, an initiative petition proposing a ballot measure relating to a moratorium on the use of hydraulic fracturing has been approved for circulation and is due to be filed with the City Clerk’s Office on August 5, 2013; and WHEREAS, said petition requests a special election on November 5, 2013; and WHEREAS, while the City Council may, by resolution, submit any question or proposed ordinance or resolution, or submit any initiative or referendum measure, to a vote of the people at a special election at any time prior to the statutory deadline to certify ballot content to the County Clerk, the decision to call a special election must be made by ordinance at an earlier date; and WHEREAS, for the foregoing reasons, the City Council wishes to call a special municipal election on November 5, 2013, to be held in conjunction with the Larimer County Coordinated Election, for the purpose of submitting to the electorate of the City any ballot issues approved by the City Council prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a Special Municipal Election in the City is hereby called for Tuesday, November 5, 2013, which shall be held in conjunction with the Larimer County Coordinated Election and conducted in such form as shall be determined by the Larimer County Clerk and Recorder. Section 2. That the provisions of the Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 3. That, notwithstanding any provision in the state statutes to the contrary, the City Council may, by resolution, submit to the voters at said election any citizen-initiated or City- initiated measure that complies with the requirements of the City Charter, irrespective of the nature of such measure. 136 of 390 Section 4. That the City Clerk is hereby directed to certify the ballot content for the Special Municipal Election to the Larimer County Clerk no later than September 4, 2013. Section 5. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election, pursuant to Section 1-7-116(2) of the Colorado Revised Statutes. Section 6. That, in the event that the City Council does not take action by ordinance or resolution prior to September 4, 2013 to submit any ballot measures to the voters at the November 5, 2013 Larimer County Coordinated Election, the election provided for herein shall be cancelled and the provisions of this Ordinance shall be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 137 of 390 DATE: July 16, 2013 STAFF: Randy Hensley AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Items Relating to the Residential Parking Permit Program. A. First Reading of Ordinance No. 102, 2013, Establishing a Residential Parking Permit Zone Program. B. First Reading of Ordinance No. 103, 2013, Amending Various Provisions of the Fort Collins Traffic Code. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Manager or a designee to implement residential parking permit programs in neighborhoods with parking problems. City staff will develop administrative procedures for the program by working with neighborhoods and residents. The Traffic Code ordinance is needed to make the program enforceable. This program will be phased in over a two-year period as problem areas are identified and residents request assistance. BACKGROUND / DISCUSSION City Council has taken previous action to address residential parking problems by adopting the Parking Plan (see fcgov.com/parkingplan, Principle 5 on page 37) and by approving Offer 69.1 in the 2013-14 budget (see “Financial Impacts” below). The City has received complaints for many years from residents who are not able to park on the street near their homes because non-residents have taken all the spaces. Typically, this happens in neighborhoods near downtown or around the campus of Colorado State University. Recent conversations about a possible new stadium at CSU have placed a spotlight on this issue. During the public outreach portion of the recently completed Parking Plan, a frequent comment was about the need for solutions to address residential parking problems. These ordinances provide a solution by authorizing the City Manager or a designee to create parking permit programs in neighborhoods that request assistance. The ordinances are required because streets in neighborhoods are public right-of-way. City Council must take action to grant preferential parking privileges on public right-of-way to those who live there. City staff will develop administrative procedures, and work with residents to create programs that work for each neighborhood. The following bullets describe program features: • A permit will be required to park in a defined zone in each participating neighborhood. • The requirement for a permit can be combined with a time limit. If a time limit is used, anyone can park for the length of the time limit without a permit, but a permit is required to park longer than the time limit. Time limits are typically, but not always, two hours. • Permit zone boundaries must be defined. This is done by collecting occupancy and turnover data to identify the extent of the parking problem. Input from residents is also important in this process. Zones must be sufficiently large to preclude simply pushing the problem to an adjacent block. • The cost of permits is a frequent question. Because City Council approved Offer 69.1 in the 2013-14 budget cycle, the City will be able to provide one or two free permits to each residence (the exact number will depend on the amount of off-street parking in the neighborhood.) Residents who need additional permits will be able to purchase them. • If excess capacity exists in a neighborhood, non-residents and businesses may purchase permits. The City Manager will develop a fee schedule for permits based on the cost of the program. • Residents will be able to obtain permits for their visitors and guests. • Permits will be available for delivery and service vehicles. Emergency vehicles will not need a permit. • A process will be established to verify residency and determine who is eligible for a permit. Property owners cannot get a permit unless they are a resident in a permit zone. 138 of 390 July 16, 2013 -2- ITEM 16 • Procedures will be implemented for permit renewal and to provide replacements when permits are lost or stolen. The ordinance modifying the Traffic Code creates a violation if vehicles are parked without a valid permit in any area where signs indicate that a permit is required. Enforcement will be conducted with equipment and procedures similar to those currently in use, and will commence only after adequate notification is provided. Colorado State University (CSU) will be a partner in the outreach process. The University is supportive of the City’s efforts to improve parking conditions in residential areas around the campus. Staff from the university will be instrumental in providing education and notification about the new City program to CSU students, faculty and employees. FINANCIAL / ECONOMIC IMPACTS Offer 69.1 in the 2013-2014 budget includes $50,000 in each year, funded from “Keep Fort Collins Great” funds (KFCG), to implement residential parking permit programs. The funds will be used to subsidize the cost of permits, hire an hourly coordinator, install signs, help with enforcement, and provide communication materials. If funding from KFCG is not available in the future, it may be necessary to end the free permit program and charge for permits to cover the cost of the program. If that happens, neighborhoods will be given the option to end the program if they do not want to pay for permits. ENVIRONMENTAL IMPACTS The residential parking permit program will enhance the environmental and social character of neighborhoods by mitigating traffic hazards, noise reduction, litter prevention, and improved air quality (by reducing the number of vehicles hunting for parking spaces.) STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION During the process to develop the recently adopted Parking Plan, the following boards and commissions reviewed the Plan and discussed the residential permit program. All were supportive of the concept. Because extensive outreach was conducted during the Parking Plan, and positive support was received for residential parking solutions, additional board review was not conducted for these ordinances. Air Quality Advisory Board Natural Resources Advisory Board Bicycle Advisory Committee Planning and Zoning Board Downtown Development Authority Transportation Board Economic Advisory Commission PUBLIC OUTREACH As stated above, this topic was discussed extensively during the outreach process for the Fort Collins Parking Plan, therefore no additional outreach was conducted for these ordinances, except that Parking Services has maintained contact with several residents who continue to advocate for this program and support these ordinances. 139 of 390 July 16, 2013 -3- ITEM 16 ATTACHMENTS 1. Implementation Notes 2. Offer 69.1, Neighborhood Parking Permit Program, from the 2013-2014 Budgeting for Outcomes process 140 of 390 Residential Parking Permit Program Implementation Notes 1. Implementation Steps. Several areas in the City could be candidates for a residential parking permit program (see list below). Not every area or neighborhood can be implemented at the same time. A phased approach is necessary due to the amount of work involved. Implementation steps include: • outreach and education • public meetings and citizen input • occupancy and inventory studies to define the problem • definition of boundaries, time limits and other neighborhood-specific characteristics • installation of signs • issuance of permits • establishment of a “go live” date including when enforcement will begin 2. Criteria. Several criteria will be used to determine the order of implementation: • severity of the problem as determined by an occupancy study • neighborhood engagement, interest, and potential level of participation • proximity/severity of external factors, such as development, the new stadium, campus issues, businesses and other factors that create parking pressures in neighborhoods 3. Neighborhoods. The following is a list of areas that have either expressed an interest in the program, or where parking problems have been reported that could be addressed by a residential permit program. Note that this list IS NOT in priority order. The order of implementation will be determined using the criteria above. • Neighborhood around Centennial High School (Laurel and Mathews) • Parker Street • Bennett neighborhood (west of Shields, south of Elizabeth and north of Prospect) • Spring Court and Johnson Drive (south of Spring Creek and west of College) • Sheely subdivision • Mantz subdivision • Area around Dunn Elementary School • Neighborhoods around the old Fort Collins High School • University North, area west of College and north of Laurel • Area west of Shields between Elizabeth and Mulberry • Neighborhoods west of Downtown, including West Mountain, Meldrum, and Canyon ATTACHMENT 1 141 of 390 142 of 390 143 of 390 144 of 390 145 of 390 - 1 - ORDINANCE NO. 102, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A RESIDENTIAL PARKING PERMIT ZONE PROGRAM WHEREAS, in certain areas zoned for residential uses, restricting parking on streets primarily to persons residing within such areas will reduce hazardous traffic conditions, promote traffic safety, and preserve the safety of children and other pedestrians in such areas; and WHEREAS, such parking restrictions will also: protect the areas within the parking restricted zones from polluted air, excessive noise, trash and refuse; protect residents of those areas from unreasonable burdens in gaining access to their residences; and help preserve the character of such areas as residential neighborhoods; and WHEREAS, such parking restrictions will also promote efficiency in the maintenance of the streets and preserve the value of property in the subject areas and protect the peace, good order, comfort, convenience and welfare of the inhabitants of the City; and WHEREAS, in some situations, residential streets serve an important parking function for non-residents in the public and commercial life of the City; and WHEREAS, the City Council has therefore determined that it is in the best interests of the City that a residential parking permit zone program be established and enforced by the City Manager that will balance and accommodate these competing interests. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 24 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article V which reads in its entirety as follows: ARTICLE V. RESIDENTIAL PARKING PERMIT ZONE PROGRAM Sec. 24-160. Purpose and intent. The creation of residential parking permit zones is intended to promote the health, safety and welfare of residents of the City by reducing unnecessary personal motor vehicle travel, noise, pollution, litter, crime and other adverse environmental impacts; promote improvements in air quality; reduce congestion and/or hazardous traffic conditions in the neighborhood; increase the use of public mass transit; protect residents from unreasonable burdens in gaining access to their property; preserve neighborhood living within an urban environment; maintain the convenience and attractiveness of urban residential living; preserve the residential character of the neighborhood and the property values therein; and safeguard the peace and tranquility of the neighborhood. 146 of 390 - 2 - Sec. 24-161. Factors in establishment. Upon receipt of a request by any adult resident of a neighborhood proposing a residential parking permit zone, the City Manager may conduct studies to determine if a residential parking permit zone should be established in that neighborhood, and what its boundaries should be. The City Manager may also initiate this process without any request if he or she concludes that it is in the public interest to do so. In order to determine whether parking by nonresidents of a particular neighborhood substantially impacts the ability of residents of the proposed parking permit zone to park their vehicles on the streets of the proposed zone with reasonable convenience, and the extent to which a residential parking permit zone would significantly reduce this impact, the City Manager may consider, without limitation, the extent to which parking spaces are occupied during working or other hours, the extent to which parked vehicles are registered to persons not apparently residing within the neighborhood, and the impact that businesses and facilities located within or without the neighborhood have upon neighborhood parking within the neighborhood. The City Manager shall also take into consideration the need for reasonable public access to parking in the area and the manner and extent that it should be provided, as well as the hours and days on which parking restrictions should apply. Sec. 24-162. Establishment/termination. If the City Manager determines that establishing a residential parking permit zone in a particular neighborhood is in the public interest, the City Manager shall prepare a program for the zone, specifying the boundaries, the hours and days on which parking restrictions will apply, and the provisions, if any, for nonresident permit parking. The City Manager may hold such public meetings as he or she deems advisable to assist in formulating such program. The City Manager shall thereupon establish the zone by regulation as provided herein. If the City Manager determines that the rate of participation in a zone is insufficient to cover the costs of administering the program, and the City Council has not appropriated other funds to support the program, then the City Manager may terminate the program. Sec. 24-163. Traffic control devices. Upon establishment of a zone, the City Manager shall install the necessary traffic control devices within the zone and issue residential parking zone permits. Sec. 24-164. Permit regulations. (a) Upon designation of a residential parking permit zone pursuant to this Article, the City Manager shall issue parking permits for vehicles owned by, or in the custody of and regularly used by, the following persons: (1) residents of the zone, (2) persons employed by a business located within the zone, and, (3) if permitted in the zone, nonresidents. The permits shall be issued upon receipt of a completed application therefor and payment of the fees adopted by the City Manager as necessary to defray part or all of the cost of administrating the program. For the purpose of this provision, a “business” shall include nonresidential uses, but shall not include accessory uses. 147 of 390 - 3 - (b) A permitted vehicle may be parked in the zone specified in the permit without regard to the time limits prescribed for the zone, if any. (c) No person shall be deemed a resident of more than one (1) zone, and no more than one (1) permit may be issued for any one vehicle even if persons residing in different zones share ownership or use. (d) Residential permits issued under this Article shall be for a specific vehicle, shall not be transferred, and shall be displayed only as the permit may prescribe. The permitee shall remove the permit from the vehicle if the vehicle is sold, leased, or no longer in the custody of the permittee. (e) Permits for businesses may be issued only if parking capacity exceeds that needed for all residential parking. Business permits shall be sold on a first come, first serve basis. (f) The City Manager shall determine when the permit year begins for each residential parking permit zone. Permits issued based on new applications submitted during the last month of a permit year shall also be valid for the succeeding permit year without payment of an additional fee for the succeeding year. Otherwise, there shall be no proration of the permit fee. (g) No person shall use or display any permit issued under this Article in violation of any provision of this Code or any regulation promulgated by the City Manager under Section 24- 165. (h) If parking capacity is available, residents issued a permit pursuant to this Article may obtain guest permits for use by houseguests of the permittee. The City Manager may define the circumstances under which guest permits may be issued, taking into consideration the reasonable parking needs of the residences and available parking capacity. (i) Upon application to the City Manager, any person providing bona fide services in a residential parking permit zone may obtain at no cost a reasonable number of temporary permits for the vehicles of such person for the period of time that the person is engaged in work within a residential parking permit zone. (j) It shall be unlawful for any person to falsely represent himself or herself as eligible for a permit under this Article or to furnish any false information in or in conjunction with an application for a residential parking permit. (k) Possession of any of the permits provided under this Article shall not guarantee or reserve a parking space. (l) The City Manager may revoke any permit issued pursuant to this Article for any of the grounds set forth therein or on the ground that it has been misused. Revocation shall bar the permitee from holding any permit under this Article for a period of one (1) year thereafter. 148 of 390 - 4 - Sec. 24-165. Supplemental regulations. The City Manager may, by regulation, prescribe additional standards, not inconsistent with those set out in this Article, that must be met before the City Manager designates a residential parking permit zone, or adds or deletes territory from an established zone, or issues permits for residential parking permit zones. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 149 of 390 ORDINANCE NO. 103, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS PROVISIONS OF THE FORT COLLINS TRAFFIC CODE WHEREAS, City Council adopted the Parking Plan Fort Collins (the “Parking Plan”) on January 15, 2013, which directed City staff to research solutions to parking issues throughout the City; and WHEREAS, one of the issues identified in the Parking Plan is excessive parking in residential neighborhoods by individuals who do not live in the neighborhood; and WHEREAS, City staff has completed its research and is recommending the implementation of a residential parking permit program; and WHEREAS, concurrently with the adoption of this Ordinance, the City Council considering Ordinance No. 102, 2013, which authorizes the City Manager to implement such a program; and WHEREAS, it is the City Council’s desire to amend the Fort Collins Traffic Code to implement the residential parking permit program proposed by the City staff; and WHEREAS, the City Council has determined that the Fort Collins Traffic Code amendments which have been proposed are in the best interests of the City and are necessary for the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Fort Collins Traffic Code is hereby amended by the addition of a new Section 1214.5 that reads as follows: 1214.5. Permitted Parking. (1) Unless official traffic control devices provide otherwise, only vehicles that have been properly permitted pursuant to Section 24-164 of the City Code may be parked within a residential parking permit zone. (2) Parking a vehicle that does not display a residential parking permit in areas where official traffic control devices indicate a parking permit is required shall constitute a violation of this section. (3) Properly permitted vehicles that are legally parked in a residential parking permit zone shall be exempt from Section 1204(6) of the Traffic Code. (4) It shall be unlawful for anyone to modify, alter, or duplicate a residential parking permit in any way or to use such permit in any manner other than that for which it was intended. 150 of 390 Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 151 of 390 DATE: July 16, 2013 STAFF: Matt Robenalt Todd Dangerfield AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT First Reading of Ordinance No. 104, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. EXECUTIVE SUMMARY This item is a request to expand the boundaries of the Fort Collins Downtown Development Authority (DDA) and amend the Plan of Development of the Authority to include a property in the 100 block of West Laurel Street and adjacent right-of-way on South Mason Street and West Laurel Street. The property includes the current location of Ram Bookstore (northeast corner of West Laurel and South Mason Streets). BACKGROUND / DISCUSSION Currently, the DDA boundary includes several properties on South Mason Street from West Mulberry Street to West Laurel Street and the West Myrtle Alley and its west feeder alleys. On the southern edge, this property would be the first inclusion along West Laurel Street between South Mason Street and the south access to West Myrtle Alley. The DDA has received a formal petition from the property owner seeking inclusion. The request is attached as an Exhibit to the Ordinance. Petitioner: Kull Real Estate Investments, LLC (a Colorado limited liability company) Owner contact: Griff Kull. 130 West Laurel Street (also includes adjacent right-of-way on South Mason Street and West Laurel Street) The owner of this property has voluntarily submitted a Petition for Inclusion of Properties (“Petition” Exhibit A) requesting that land be placed in the DDA district boundary. The criteria for inclusion of additional property into the DDA boundary area pursuant to Section 31-25-822 adjacent to the existing DDA Boundary has been reviewed by DDA legal counsel, and evidence of ownership of the property has been documented. Inclusion of these properties is supported by the DDA policy for future inclusions. In 2009, the DDA Board established a policy to guide future inclusions of property into the district. A thorough examination of land adjacent to the DDA boundary was evaluated for compatibility with the DDA’s mission and vision, and the property associated with the Petitioner’s request was considered acceptable because of the adjacency to other properties within the DDA boundary as well as the recently completed West Myrtle Alley enhancement project and compatibility with the underlying zoning district. This inclusion of property resulting in a boundary line adjustment will effectively amend the DDA’s Plan of Development. The DDA Board of Directors took action on June 13, 2013 and recommended the Council amend the Plan of Development boundary area. There are public benefits associated with the proposed inclusion of this property: The property located at the corner of West Laurel Street/South Mason Street is zoned to allow mixed-use and higher density infill redevelopment. The property is immediately adjacent to the MAX Bus Rapid Transit line which ideally suits it for more intensive urban level development. FINANCIAL / ECONOMIC IMPACTS There is no negative or positive fiscal impact to the City resulting from specific action to include this property and right- of-way into the DDA boundary. 152 of 390 July 16, 2013 -2- ITEM 17 The Petition submitted by Kull Real Estate Investments, LLC (a Colorado limited liability company) is a voluntary request, and this Petitioner understands that upon inclusion into the DDA Boundary the Petitioner’s property will be subject to an increase of 5 mills to the current area mills rate of 93.312 mills, for a new total of 98.312 mills. The annual net fiscal impact to the DDA is positive and is estimated to result in approximately $883 in new operating revenue based on the current value of the property. This net fiscal impact estimate does not include future tax increment revenues that could be realized when the property redevelops. The effective date of the tax liability increase resulting from the DDA mil levy will be Tax Year 2013 payable in 2014. ENVIRONMENTAL IMPACTS There is no direct impact on the environment by the proposed boundary inclusion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its regular meeting on June 13, 2013, the Downtown Development Authority Board of Directors voted unanimously to recommend inclusion of the property, as requested by the property owner, located in the 100 block of West Laurel Street and adjacent right-of-way on South Mason Street and West Laurel Street into the DDA boundary area. PUBLIC OUTREACH While no outreach was required or conducted for this item specifically, a DDA Board of Directors meeting was publically advertised prior to and conducted on June 13, 2013 where the Board of Directors adopted a resolution recommending the Council amend the Plan of Development boundary area in accordance with DDA statute. ATTACHMENTS 1. Location map showing entire DDA Boundary, including proposed inclusion. 2. Location map showing aerial view of proposed 130 West Laurel Street inclusion. 3. Resolution 2013-05 of the Board of Directors of the Fort Collins Downtown Development Authority, including Exhibits A-D. 153 of 390 Cache La Poudre River Sycamore St Cherry St South Dr N Whitcomb St Sugarpine St E Olive St 12th St Cajet a n St E Laurel St Osian d er St Lopez Ct Smith St Blondel St P ascal St Locust St Old Main Dr E Myrtle St E Plum St Endicott St E Elizabeth St W Myrtle St W Magnolia St Garfield St W Plum St Kenroy Ct Trujillo St Renegade Ct N Mason St E Oak St M o r gan St 3rd St Martinez St 2nd St 1st St Ginseng Cir Pine St Alpine St Doctors Ln Colorado St Cowan St S Loomis Ave S Whitcomb St W Olive St Maple St Lupine Dr Bellflower Dr Locust Ct Alf S College Ave W Laurel St S Mason St S Howes St W Myrtle St Oval Dr S Mason St Old Main Dr Rembrandt Dr E Plum St E Myrtle St E Laurel St 0 50 100 200 Feet 1 inch = 200 feet DDA Boundary Proposed Inclusion Parcels DDA Boundary Map Proposed Inclusion Area © 155 of 390 Attachment 3 156 of 390 ORDINANCE NO. 104, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, creating The Fort Collins, Colorado Downtown Development Authority (the “Authority”) and establishing the boundaries of the Authority; and WHEREAS, on September 8, 1981, by Resolution 1981-129, the City Council approved the Authority’s plan of development (the “Plan of Development”), which also describes the boundaries of the Authority; and WHEREAS, pursuant to Section 31-25-822, C.R.S., subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority, pursuant to a petition signed by the owner or owners in fee of each parcel of land sought to the included; and WHEREAS, if the Board of Directors of the Authority (the “Board”) approves said application, the Board is to then submit the application to the City Council and, if the City Council also approves the application, it is to amend the ordinance creating the Authority so as to include the additional property as described in the petition; and WHEREAS, the City Council has, on fourteen previous occasions, amended Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002, 1982; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000; Ordinance No. 038, 2004; Ordinance No. 067, 2004; Ordinance No. 099, 2005; Ordinance No. 035, 2008; Ordinance No. 067, 2008; Ordinance No. 080, 2009; Ordinance No. 022, 2010; Ordinance No. 045, 2013; and Ordinance No. 049, 2013 (the “Amending Ordinances”); and WHEREAS, the Board has received a petition for the inclusion of one parcel of property into the boundaries of the Authority from the fee owner thereof; and WHEREAS, the legal description and the name of the fee owner of the property which is the subject of a petition for inclusion referred to herein (referred to herein as the “Property”) are set forth on Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the addition of the Property into the Authority boundaries would further the objectives and purposes of the Authority as contained in the Plan of Development and has, by Resolution 2013-05, recommended approval of the inclusion of such Properties by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 157 of 390 Section 1. That the City Council hereby approves the inclusion of the following Property into the boundaries of the Authority and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: A portion of Lot 13, Block 116, Harrison’s Addition to the City of Fort Collins, County of Larimer, State of Colorado, described as follows: Commencing at the SW Corner of Lot 13, thence North parallel with Mason Street 140.00 feet; thence East 50.0 feet; thence South parallel with Mason Street 140.00 feet; thence West parallel with Laurel Street 50.0 feet to the Point of Beginning, together with all its appurtenances and improvements. Also described in the records of the Assessor of Larimer County, Colorado as Parcel No. 97141-14-025. Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) be, and hereby is, further amended by deleting the legal description contained therein, which description establishes the boundaries of the Authority, and by substituting the following therefor: BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE OF SOUTH MASON STREET, TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 60 FEET OF LOT 13, BLOCK 116; THENCE EASTERLY TO THE SOUTHWEST CORNER OF THE NORTH 60 FEET OF SAID LOT 13; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF MASON STREET, 10 FEET; THENCE EASTERLY PARALLEL WITH LAUREL STREET, 50.0 FEET; THENCE SOUTHERLY PARALLEL WITH MASON STREET, 140.0 FEET TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET; THENCE EASTERLY ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN THE SAID BLOCK 116; THENCE NORTHERLY ALONG THE SAID RIGHT OF WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE 60.00 FEET; THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN BLOCK 116; THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK 116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST LINE OF THE WEST 60 FEET OF LOT 6 BLOCK 106; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 90 FEET OF THE SAID -2- 158 of 390 LOT 5 BLOCK 106; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116 HARRISON’S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN BLOCK 116; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK 116; THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH BLOCK 115 HARRISON’S ADDITION, TO THE CENTER 0F MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT OF WAY OF MASON STREET; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 1, BLOCK 105, HARRISON’S ADDITION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID LOT 1; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 1, AND ITS EXTENSION, AND ALONG THE WEST LINE OF LOT 3, BLOCK 105 HARRISON’S ADDITION AND ITS EXTENSION TO THE CENTER LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK 96 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96 HARRISON’S ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD -3- 159 of 390 STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING S89°58'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S00°07'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, N01°16'55"W 208.11 FEET, AND AGAIN S85°23'42"W 65.98 FEET, AND AGAIN N55°34'00"W 253.90 FEET, AND AGAIN N18°51'00"E 34.17 FEET, AND AGAIN N73°33'44"E 105.85 FEET, AND AGAIN N12°50'18"E 71.56 FEET, AND AGAIN N10°20'00"W 42.66 FEET, AND AGAIN N41°50'00"W 84.01 FEET, AND AGAIN N51°15'00"W 193.28 FEET, AND AGAIN N67°26'23"W 74.87 FEET; THENCE N18°50'30"E 108.60 FEET; THENCE N89°59'13"E 1484.20 FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N86°47'41"E 140.22 FEET, AND AGAIN N80°04'26"E 40.61 FEET, AND AGAIN N87°42'34"E 125.10 FEET, AND AGAIN N70°02'35"E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S67°39'55"E 180.15 FEET, AND AGAIN S00°01'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, S00°01'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS -4- 160 of 390 FACILITY P.U.D., S88°18'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING; THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S00°01'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO. 20080043084 LARIMER COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE SAID WEST LINE AND ITS EXTENSION, TO THE NORTHEAST CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION, TO THE NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1; THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY TO THE SOUTHEAST CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) NORTH 72 -5- 161 of 390 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES OO SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET, AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 94091198; THENCE (CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 AS BEARING NORTH 89°29'04" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO) ALONG THE WEST AND SOUTHERLY LINES OF SAID RECEPTION NO. 94091198 THE FOLLOWING 3 COURSES AND DISTANCES: 1) SOUTH 10° 44' 56" WEST, 314.08 FEET; 2) SOUTH 71° 25' 09" EAST, 198.03 FEET; 3) NORTH 87° 59' 46" EAST, 138.53 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 25° 27' 37", A RADIUS OF 930.93 FEET, AN ARC LENGTH OF 413.68 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 56' 48" EAST, 410.28 FEET; 2) SOUTH 01° 47' 03" WEST, 1519.07 FEET TO A POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20050097395; 3) ALONG THE WEST LINE OF SAID TRACT, SOUTH 05° 25' 37" WEST, 59.94 FEET; 4) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 02° 03' 31" WEST, 64.95 FEET; 5) CONTINUING ALONG THE WEST LINE OF SAID TRACT, ALONG A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 17° 18' 36", A RADIUS OF 299.50 FEET, AN ARC LENGTH OF 90.48 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 42' 48" WEST, 90.14 FEET; 6) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 19° 22' 04" WEST, 13.69 FEET TO THE NORTH LINE OF EAST MULBERRY STREET; THENCE ALONG SAID NORTH LINE THE FOLLOWING 2 COURSES AND DISTANCES: 1) NORTH 89° 47' 09" WEST, 205.09 FEET; 2) NORTH 89° 38' 44" WEST, 127.10 FEET TO THE SOUTHEAST CORNER OF LOT 2, SPRINGER THIRD SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LOT -6- 162 of 390 2 THE FOLLOWING 4 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 30° 50' 23", A RADIUS OF 1013.60 FEET, AN ARC LENGTH OF 545.58 FEET, AND THE CHORD OF WHICH BEARS NORTH 19° 18' 37" WEST, 539.01 FEET; 2) ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 04° 42' 22", A RADIUS OF 487.50 FEET, AN ARC LENGTH OF 40.04 FEET, AND THE CHORD OF WHICH BEARS NORTH 32° 23' 02" WEST, 40.03 FEET; 3) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 13° 56' 38", A RADIUS OF 512.50 FEET, AN ARC LENGTH OF 124.73 FEET, AND THE CHORD OF WHICH BEARS NORTH 36° 59' 47" WEST, 124.42 FEET; 4) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 00° 36' 28", A RADIUS OF 1023.60 FEET, AN ARC LENGTH OF 10.86 FEET, AND THE CHORD OF WHICH BEARS NORTH 44° 16' 20" WEST, 10.86 FEET TO THE NORTH CORNER OF SAID LOT 2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SOUTH 22° 29' 42" WEST, 24.98 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318; THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 2 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 14° 52' 11", A RADIUS OF 998.60 FEET, AN ARC LENGTH OF 259.16 FEET, AND THE CHORD OF WHICH BEARS NORTH 51° 43' 42" WEST, 258.43 FEET; 2) NORTH 59° 09' 48" WEST, 276.50 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318; THENCE ALONG THE WEST LINE OF SAID TRACT OF LAND, SOUTH 00° 20' 12" WEST, 239.20 FEET TO A POINT ON THE NORTH LINE OF THE WASTEWATER TREATMENT PLANT NO.1 SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING 4 COURSES AND DISTANCES: 1) NORTH 53° 16' 04" WEST, 5.70 FEET; 2) NORTH 79° 09' 04" WEST, 251.50 FEET; 3) NORTH 88° 17' 04" WEST, 452.30 FEET; 4) SOUTH 41° 12' 56" WEST, 89.29 FEET; THENCE, NORTH 79° 27' 04" WEST, 590.41 FEET; THENCE, NORTH 09° 34' 10" EAST, 985.84 FEET TO THE SOUTHEAST CORNER OF BALDWIN MINOR SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID BALDWIN MINOR SUBDIVISION, NORTH 09° 34' 10" EAST, 773.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF THE SAID IN-SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, AND ITS SOUTHERLY EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF -7- 163 of 390 WAY TO THE WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD; THENCE EASTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE SOUTH LINE OF THE SAID TRACT TWO OAKPARK PUD; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY T0 A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET; THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143; THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH- SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. Section 3. That the Plan of Development is hereby amended by the City Council so as to delete the legal description of the boundaries of the Authority, and to substitute therefor the legal description contained in Section 2 of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -8- 164 of 390 Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -9- 165 of 390 Page 1 of 1 Exhibit “A” Legal Description and Fee Owner of Property To be included in District A portion of Lot 13, Block 116, Harrison’s Addition to the City of Fort Collins, County of Larimer, State of Colorado, described as follows: Commencing at the SW Corner of Lot 13, thence North parallel with Mason Street 140.00 feet; thence East 50.0 feet; thence South parallel with Mason Street 140.00 feet; thence West parallel with Laurel Street 50.0 feet to the Point of Beginning, together with all its appurtenances and improvements. Also described as follows in the records of the Assessor of Larimer County, Colorado: Parcel No. 97141-14-025 Fee Owner: Kull Real Estate Investments, LLC 166 of 390 DATE: July 16, 2013 STAFF: Helen Matson Kayla Ballard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years. EXECUTIVE SUMMARY Feeding Our Community Ourselves, Inc. wishes to lease 212 West Laporte Avenue to house a non-profit café with a minimal food processing facility. The total yearly lease payment for the property will be a minimum of $44,688. The term of the lease shall be for one (1) year, with renewals on a yearly basis for up to four (4) successive one-year terms. With this lease, either party will have the option to terminate at any time upon a one (1) year advance written notice to the other party. The tenant will be responsible for the taxes, all utilities, communication services, trash services and janitorial services. BACKGROUND / DISCUSSION The City purchased the 6,384 square foot building at 212 Laporte Avenue, formerly Abraxis Glass (“Abraxis”), in July 2005 to allow for future City development. The City has leased the building to two commercial tenants since the purchase. Part of the purchase agreement with Abraxis was a lease while the new Abraxis facility was being constructed. In February 2008, Real Deals leased the property until it vacated in April 2012. After the property was vacant, the City considered using the property for City offices and/or storage. Once it was determined the City did not have an immediate use for the property, it was placed on Craig’s List. Staff received a few inquiry calls and showed it to a few companies. FoCo was the only company that made an offer to lease the space. Feeding Our Community Ourselves, Inc. (“FoCo Café”) is a non-profit organization that operates a café open to the general public and also provides meals to people, regardless of their ability to pay, while using local, organic, and sustainably-grown ingredients. FoCo Café hours of operation will be 11:00 a.m. through 2:00 p.m. Mondays through Saturdays. FoCo Café will have a “growing wall” inside the café that will contribute to the ingredients of the meals. FoCo Café is a 100% volunteer operated organization. In addition, the site will minimally process local fresh produce to increase its availability to low-income citizens. The floor plan at 212 West Laporte Avenue currently consists of a 4,101 square foot warehouse-type area with a 630 square foot showroom and three offices. FoCo Café plans to remodel the building to include customer seating/dining area in approximately one-half of the building, a kitchen with a food preparation area, and upgraded improvements to the restrooms. A new handicap accessible ramp will be installed on the east side of the building. The bike racks will be located next to and north of the ramp. FoCo will have six parking spaces, two on the east side of the building and four on the north side of the building by the loading dock. A full trash enclosure will be constructed adjacent to the loading dock. FoCo Café will pay all costs of the remodel. FINANCIAL / ECONOMIC IMPACTS Annual rent collected from this lease will result in at least $44,688 in unanticipated revenue. Market rent for this space is based on $7/square foot and is slightly higher than market warehouse space. This is valued as a warehouse space because the configuration of the property. There is a small finished area in the front and the majority is still open warehouse space. Staff confirmed the lease with a commercial broker that specializes in the downtown area. The Tenant will be responsible for expenses of all utilities, communication services, trash services, janitorial services, and taxes. In addition, it will be the obligation of the Tenant for any tenant finish costs. The City will be responsible for maintenance costs to the building. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 167 of 390 July 16, 2013 -2- ITEM 18 ATTACHMENTS 1. Location map 168 of 390 169 of 390 ORDINANCE NO. 094, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT 212 LAPORTE AVENUE TO FEEDING OUR COMMUNITY OURSELVES, INC. FOR UP TO FIVE YEARS WHEREAS, the City is the owner of the property legally described as Lots 44 and 45, Block 32, Fort Collins, Colorado, also known as 212 LaPorte Avenue (the “Property”); and WHEREAS, the Property was purchased by the City in 2005 to allow for future City development consistent with the Civic Center Master Plan; and WHEREAS, the City has no immediate plans for the Property, and City staff is therefore recommending that it be leased at a current market rate of no less than $7.00 per square foot to offset the City's maintenance expenses and generate revenue; and WHEREAS, the City desires to lease the Property to Feeding Our Community Ourselves, Inc. (“FoCo Café”) and FoCo Café desires to lease the Property from the City; and WHEREAS, the proposed lease would be for a period of one year, renewing on a yearly basis for up to four additional years with termination upon one-year's notice by either party; and WHEREAS, the lease of the Property will benefit the City by generating revenue, reducing the City’s costs for utilities for the Property and discouraging vandalism; and WHEREAS, under Section 23-111(a) of the City Code, the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, because the City will receive fair market rent for the Property, and the lease of the Property will discourage vandalism and reduce the City’s utility costs for the Property, the City Council hereby finds that leasing the Property located at 212 LaPorte Avenue under the terms listed above is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute a lease agreement for the Property on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size or change the character of the property to be leased. 170 of 390 Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 171 of 390 DATE: July 16, 2013 STAFF: Sherri Langenberger Andrew Gingerich AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive Right-of-Way as Dedicated on the Ricketts Harmony Minor Subdivision. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of right-of-way along Lady Moon Drive that is no longer necessary or desirable to retain for street purposes. In 1993, the Ricketts Harmony Minor Subdivision, located southeast of Harmony Road and Lady Moon Drive, platted two lots and dedicated additional right-of-way for Cambridge Avenue (now known as Lady Moon Drive). Cambridge Avenue was realigned and constructed in its current alignment with the approval of Harmony Technology Park Second Filing Development Plans on the west side of Cambridge Avenue, which left the portion to be vacated no longer necessary for street purposes. The adjacent property owners have been contacted regarding this vacation and have no objections. All public and private utilities have been notified of the proposed vacation and they report no objections, provided the area is retained as a utility easement. With this Ordinance, the entire area proposed to be vacated will be retained as a utility easement. BACKGROUND / DISCUSSION The property adjacent to this portion of right-of-way is owned by one owner who is requesting the vacation. The site will be the future site of the Banner Health Medical Campus, which was approved at a Planning and Zoning Board public hearing on May 16, 2013. The vacation of this right-of-way does not impact the ability to develop or provide adequate access to this property in the future. FINANCIAL / ECONOMIC IMPACTS There is no financial impact to this decision. ENVIRONMENTAL IMPACTS There are no environmental impacts to the vacation of this portion of right of way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and potentially impacted City departments. The adjacent property owner and the person requesting the vacation are one in the same and thus no letters were sent to adjacent property owners. ATTACHMENTS 1. Location map 172 of 390 ATTACHMENT 1 173 of 390 ORDINANCE NO. 105, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF THE RICKETTS HARMONY MINOR SUBDIVISION WHEREAS, the plat of the Ricketts Harmony Minor Subdivision included dedication to the public of right-of-way for Cambridge Avenue (now Lady Moon Drive); and WHEREAS, Imago Enterprises, Inc. has requested that the City vacate a portion of this right- of-way; and WHEREAS, said portion of right-of-way is no longer necessary or desirable for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that a utility easement is reserved to the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said portion of street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a portion of Lady Moon Drive right-of-way, more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving the same unto the City as a utility easement. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 174 of 390 Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 175 of 390 DESCRIPTION OF A PORTION OF LADY MOON DRIVE TO BE VACATED A portion of Lady Moon Drive right-of-way to be vacated located in the Northeast Quarter of Section 4, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northeast Quarter of Section 4 as bearing South 01°32'05" East and with all bearings contained herein relative thereto: COMMENCING at the North Quarter corner of Section 4; thence along the West line of the Northeast Quarter of Section 4, South 01°32'05" East, 498.47 feet to the POINT OF BEGINNING; thence, North 07° 38' 37" East, 213.16 feet to a point on the East right-of-way line of Lady Moon Drive; thence along said East line, South 01° 32' 05" East, 211.00 feet; thence continuing along said right-of-way line, South 89° 26' 08" West, 34.00 feet to the POINT OF BEGINNING, containing 3,587 square feet, more or less. LMS May 15, 2013 S:\Survey Jobs\306-003\Dwg\Exhibits\306-003 ROW Vacation.doc EXHIBIT A 176 of 390 177 of 390 DATE: July 16, 2013 STAFF: Jill Stilwell AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT Resolution 2013-064 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. EXECUTIVE SUMMARY The purpose of this item is to adopt the recommendations from the Cultural Resources Board to disburse Fort Fund grants to community events from the Cultural Development and Programming and Tourism Programming Accounts. BACKGROUND / DISCUSSION The Fort Fund grant program, established in 1989, disburses funds from the City’s Cultural Development and Programming Account and the Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax funds the Cultural Development and Programming Account utilized to support cultural events. An additional 5% of revenue from lodging tax is dedicated to the Tourism Programming Account that supports tourism events and activities. Local non-profit organizations may apply to Fort Fund for cultural and/or tourism 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 to Ordinance No. 28, 1992 and 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 tier 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 Tier #3 was established to further the goal of making Fort Collins a cultural center and destination. The Cultural Innovation Tier #3 grants address a need in the cultural activity of Fort Collins, perpetuate the Tourism Account by generating overnight stays in local hotels, and/or develop new arts, cultural, or heritage tourism activities that have the potential to impact Fort Collins’ cultural and economic growth. Organizations may apply for funding from the Cultural Innovation Tier #3 each April. June 2013 Funding Session At its June 26, 2013 regular meeting, the Cultural Resources Board reviewed 21 Tier #2 applications, with total requests equaling $61,720. The following table summarizes the amount and sources of available funds in 2013: FY 2013 AVAILABLE FUNDING AMOUNT SOURCE $211,552 FY 2013 Cultural Development and Programming Account (CDP) $47,750 FY 2013 Tourism Programming Account (TP) $56,096 Unanticipated Lodging Tax and Unspent Appropriations (CDP) $9,842 Unanticipated Lodging Tax (TP) $325,240 Total Funding Available for 2013 178 of 390 July 16, 2013 -2- ITEM 20 FUNDS ALLOCATED TO April 2013 FUNDING SESSION 25% % of Total FY 2013 Funds allocated to the June Funding Session $65,048 Total Funds Allocated to the April Funding Session $65,048 Amount from Cultural Development and Programming Account (CDP) $0 Amount from Tourism Programming Account (TP) 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 June 26, 2013 draft minutes (Attachment 2). The Board is recommending disbursement of $44,470 from the City’s Cultural Development and Programming Account and $0 from the Tourism Programming Account, totaling $44,470 to 21 applicants as outlined in Exhibit A. The requests totaled $61,720 and $65,048 was available. Of the total amount requested and considered, 72% is being recommended for funding with available funds. The following table summarizes the utilization of funds from all sources. Recommended Funding % of Total Category $44,470 68% Cultural Development and Programming Account $0 0% Tourism Account $20,578 32% Unallocated $65,048 100.0% Funds Allocated for January Funding Session The Fort Fund budget is based on the previous year’s lodging tax and the lodging tax received was significantly higher than expected. The $20,578 unallocated funds will be budgeted for 2014 grants. FINANCIAL / ECONOMIC IMPACTS Financial Impact: The Fort Fund grant program, established in 1989, 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. This Resolution distributed $44,470 from the Cultural Development and Programming Account and $0 from the Tourism Programming Account to local non-profit organizations. Each organization must match the grant amount. These funds were budgeted and appropriated in the 2013 budget. Economic Impact– The non-profit arts are a $19 million industry in Fort Collins (Arts & Economic Prosperity IV - Americans for the Arts, 2012). By awarding these grants, the City is partnering with 21 organizations to leverage a variety of cultural and tourism events that contribute to this economic impact and add to our quality of life. STAFF RECOMMENDATION Staff recommends adoption of this Resolution. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board (CRB) presents recommendations to City Council on events that should receive funding and the amounts from the available Cultural Development and Programming Account and Tourism Programming Account. Exhibit A to the Resolution presents the allocations recommended by the CRB to the City Council for Tier #2. ATTACHMENTS 1. Fort Fund Guidelines 2. Cultural Resources Board minutes (Draft), June 26, 2013 179 of 390 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 1 180 of 1 390 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 181 of 2 390 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. 182 of 3 390 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. 183 of 4 390 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. 184 of 5 390 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. 185 of 6 390 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. 186 of 7 390 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). 187 of 8 390 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 188 of 9 390 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. 189 10 of 390 Cultural Resources Board Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.221-6735 970.221-6373 – fax . CULTURAL RESOURCES BOARD MINUTES Regular Meeting – Wednesday, June 26, 2013 5:00 p.m. Lincoln Center, 417 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Wade Troxell Staff Liaison: Jill Stilwell Chairperson: Maggie Dennis Phone: 590-3790 (cell) Vice-Chair: Chris Clemmer A regular meeting of the Cultural Resources Board was held on Wednesday, June 26, 2013 at 5:00 p.m. The following members were present: Board Members present: Maggie Dennis, Chris Clemmer, Francisco Gutierrez Tedi Cox, Jesse Solomon, Janet Gilligan, Board Members absent: John Hayes Staff Members present: Jill Stilwell, Gail Budner Guests Present: none I. Call to Order: 5:09 p.m. – Maggie Dennis II. Consideration of agenda: Item VII, Review of past Fort Fund events, was added. III. Consideration and approval of minutes from May 30, 2013. Ms. Gilligan made a motion to accept the minutes as amended. Mr. Solomon seconded the motion. The motion passed unanimously. IV. Public input: none V. Fort Fund Tier 2 - Discussion and funding recommendations: Prior to reviewing and awarding grant monies to the Fort Fund applicants, the Board discussed the quality 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. BAS BLEU THEATRE COMPANY: 2013-2014 Reader’s Theatre Series Location: Bas Bleu Theatre Company Amount Requested: $5,000 Amount Recommended: $3,500 CANYON CONCERT BALLET: Dancing with the Stars Fort Collins 2014 Location: Sunset Event Center Amount Requested: $750 Amount Recommended: $500 ATTACHMENT 2 190 of 1 390 DANCE EXPRESS: The Christmas Rose Location: Lincoln Center Magnolia Theatre Amount Requested: 3,000 Amount Recommended: $1,000 DISABLED RESOURCE SERVICES: Colorado Disability Pride Fest Location: Parade from Old Town to CSU / Music Venue at CSU Amount Requested: $2,500 Amount Recommended: $2,250 ELDERHAUS ADULT DAY PROGRAM, INC.: 14th Annual Elderhaus Senior Prom Location: Poudre High School Amount Requested: $2,000 Amount Recommended: $1,600 ERACISM Film and Discussion Series: Film and Discussion Series Location: Poudre River Public Libraries, Old Town and Harmony Libraries Amount Requested: $500 Amount Recommended: $500 ETHOS WEST CHAMBER ORCHESTRA: JOY / An Open-Air Summer Concert Location: The Gardens on Spring Creek Amount Requested: $800 Amount Recommended: $500 FORT COLLINS SYMPHONY ASSOCIATION: Outside the Box Series Location: 5 Local Venues Amount Requested: $5,000 Amount Recommended: $5,000 FORT COLLINS SYMPHONY GUILD: 2014 Musical Zoo Location: Timberline Church Amount Requested: $4,000 Amount Recommended: $4,000 FORT COLLINS WIND SYMPHONY: 2013-2014 Concert Series Location: UCA / Griffin Concert Hall Amount Requested: $1,000 Amount Recommended: $1,000 FRIENDS OF LARIMER COUNTY OPEN LANDS: NoCo Nature Festival Location: Fossil Creek Reservoir Regional Open Space Amount Requested: $3,000 Amount Recommended: $2,000 HIGH PERFORMANCE DANCE THEATRE: Changes Location: Lincoln Center Magnolia Theatre Amount Requested: $2,000 Amount Recommended: $1,000 IBM RING 250, THE PRESTO DIGITATORS: Magic in the Rockies 2013 Location: Fort Collins Marriott Hotel Amount Requested: $5,000 Amount Recommended: $4,500 INTERNATIONAL KEYBOARD ODYSSIAD & FESTIVAL: International Festival U.S.A. Location: Evangelical Covenant Church Amount Requested: $5,000 Amount Recommended: $2,000 LINCOLN CENTER SUPPORT LEAGUE: 16th ArtWear Fashion Week Location: Lincoln Center Amount Requested: $4,100 Amount Recommended: $4,100 191 of 2 390 OPERA FORT COLLINS GUILD: Songs in Summer Location: The Hixon Residence Amount Requested: $1,800 Amount Recommended: $1,250 POUDRE RIVER PUBLIC LIBRARY DISTRICT: Authors Alive! Location: Local libraries and the Hilton Fort Collins Amount Requested: $5,000 Amount Recommended: $4,500 REACH: Michael Lanza Community Event Location: CSU Morgan Library or Northside Aztlan Community Center Amount Requested: $2,000 Amount Recommended: $500 ROCKY MOUNTAIN RAPTOR PROGRAM: A Second Chance at Freedom Location: Fort Collins Hilton Amount Requested: $2,000 Amount Recommended: $500 SPOKESBUZZ FORT COLLINS: BandSwap 2013 Location: Venues within the Fort Collins GMA Amount Requested: $5,000 Amount Recommended: $2,000 TEAM FORT COLLINS: Down For Life Hip Hop Expo Location: Northside Aztlan Community Center Amount Requested: $2,270 Amount Recommended: $2,270 Total Funding Requested by Applicants: $61,720 Total Funding Recommended for disbursement by CRB: $44,470 Total Unfunded Balance: $17,250 % of Requests Funded: 72% Ms. Cox made a motion to submit these recommendations for Fort Fund Tier 2 disbursements to City Council for their approval. Mr. Clemmer seconded the motion. The motion passed unanimously. Liaisons will be assigned by the Board for recently funded events at their regularly scheduled meeting in July. Liaisons were assigned for Ethos West Chamber Orchestra’s JOY-An Open-air Summer Concert and The International Keyboard Odyssiad’s Festival U.S.A. since the events will occur prior to the meeting. VI. Other Business: Ms. Stilwell notified the Board that she requested that a representative from the Fort Collins Musicians Association attend the meeting on July 25th to report on and answer questions regarding their 2012 and 2013 events that received Tier 3: Cultural Innovation grants. She has also requested that Beth Flowers with Beet Street attend the July or August meeting to update the Board on the Arts Incubator of the Rockies program. 192 of 3 390 VII. Review of past Fort Fund events: As CRB liaisons, Board members attended and reported on the following funded events: Mr. Clemmer: City of Fort Collins Recreation Department, Kites in the Park Festival, on April 28, 2013 Mr. Gutierrez: Pathways Hospice, Paths of Light, on April 14, 2013, Northern Colorado Intertribal Powwow Association, 21st Annual Spring Powwow Contest, on April 20-21, 2013, and ARCINDA, JAVA, Indonesia…an Ultimate Diversity, on April 13, 2013. Mr. Solomon: New Horizons Band of Northern Colorado, Band Camp, on June 2-6, 2013. Ms. Gilligan: GLBT Community Center of Colorado, PrideFest Fort Collins, on May 18, 2013, Project Youth and Chamber Music, Off the Hook Chamber Music Festival, on June 17- 23, 2013, and Zikr Dance Ensemble, Sacred Spaces II, on June 22, 2013. Ms. Cox: Lincoln Center Support League, Children’s Summer Series, June 12-26, 2013. VIII. Adjournment: 7:35p.m. Respectfully submitted, Gail Budner Administrative Clerk II 193 of 4 390 RESOLUTION 2013-064 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 June 26, 2013, 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 within the City and promoting the use 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 as follows: Section 1. That the City Council hereby finds that the distribution of funds through the Fort Fund program as recommended by the Cultural Resources Board serves a public purpose that benefits the community. Section 2. That funds in the total amount of FORTY FOUR THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($44,470) in the City’s Cultural Development and Programming Account are hereby distributed in accordance with the recommendations of the Cultural Resources Board as set forth on Exhibit “A”. 194 of 390 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July A.D. 2013. Mayor ATTEST: City Clerk 195 of 390 EXHIBIT A FORT FUND GRANT PROGRAM June 2013 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED Bas Bleu Theatre Company 2013-2014 Reader's Theatre Series Location: Bas Bleu Theatre Company September 2013 - June 2014 The Reader's Theatre series goal is to provide the audience with a chance to re-discover the imaginative $5,000 $3,500 $0 $1,500 70% thrill of "seeing" the plays by hearing them skillfully read. Canyon Concert Ballet Dancing with the Stars Fort Collins 2014 Location: Sunset Event Center February 8, 2014 This event will feature performances by local 'celebrities' and their professional dance partners. $750 $500 $0 $250 67% Dance Express The Christmas Rose Location: Lincoln Center Magnolia Theatre December 3, 2013 This seasonal dance tale is the celebration of community collaboration by Dance Express dancers with and $3,000 $1,000 $0 $2,000 33% without disabilities along with community members and children. Disabled Resource Services Colorado Disability Pride Fest Location: Parade from Old Town to CSU / Music Venue CSU September 7, 2013 This is the first disability pride event in Colorado. It consists of a parade followed by an outdoor music festival. $2,500 $2,250 $0 $250 90% Elderhaus Adult Day Program, Inc. 14th Annual Elderhaus Senior Prom Location: Poudre High School January 17, 2014 The prom is a non-fundraising event intended to unite the community. The event is intergenerational and $2,000 $1,600 $0 $400 80% enjoyed by persons of all ages and with varied capabilities. ERACISM Film And Discussion Series Film and Discussion Series Location: Poudre River Public Libraries, Old Town and Harmony Libraries October 2013 The series create an awareness of issues of race as they exist generally in America and specifically in Colorado $500 $500 $0 $0 100% and Fort Collins and address concerns commonly faced by people of minority ethnic backgrounds. Ethos West Chamber Orchestra JOY / An Open-Air Summer Concert Location: The Gardens on Spring Creek July 21, 2013 Ethos West is joining with the Gardens on Spring Creek to present an outdoor concert and will feature classical $800 $500 $0 $300 63% and jazz musicians. Fort Collins Symphony Association Outside the Box Series Location: 5 Local Venues September 2013 - April 2014 Outside the Box is now an established series of events sponsored by the Symphony that are specifically $5,000 $5,000 $0 $0 100% designed to introduce classical music to diverse audiences in our community. CULTURAL RESOURCES BOARD RECOMMENDATION Fort Fund Tier 2: Special Events Fund 196 1 of of 390 3 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED CULTURAL RESOURCES BOARD RECOMMENDATION Fort Collins Symphony Guild 2014 Musical Zoo Location: Timberline Church February 16, 2014 This event centers around a large hall with a carnival-like atmosphere buzzing with individual artists, strolling $4,000 $4,000 $0 $0 100% musicians and street dancers. The guests range from the community's very youngest to it's very oldest. Fort Collins Wind Symphony 2013-2014 Concert Season Location: UCA / Griffin Concert Hall October 19, 2013 & December 14, 2013 The two holiday performances feature high quality concert band compositions in a wide variety of styles, $1,000 $1,000 $0 $0 100% are crafted to appeal to many different tastes, and will be performed by local professional musicians. Friends of Larimer County Open Lands NoCo Nature Festival Location: Fossil Creek Reservoir Regional Open Space September 21, 2013 The festival is a free day of fun and learning celebrating the local environment and wildlife. $3,000 $2,000 $0 $1,000 67% High Performance Dance Theatre Changes Location: Lincoln Center Magnolia Theatre October 11-12, 2013 The performance will include a variety of dance styles all with the inspiration and theme of 'change.' $2,000 $1,000 $0 $1,000 50% IBM Ring 250, The Presto-Digitators Magic in the Rockies 2013 Location: Fort Collins Marriott Hotel October 3-6, 2013 The 20th annual Magic Convention features some of the world's greatest magicians that come to Fort Collins $5,000 $4,500 $0 $500 90% to headline the event. International Keyboard Odyssiad & Festival International Festival, U.S.A . Location: Evangelical Covenant Church July 21-24, 2013 This piano completion will be held in conjunction with SKI/Colorado, a Summer Keyboard Institute. It will attract $5,000 $2,000 $0 $3,000 40% competitors and participants from around the U.S.A. and from many foreign countries Lincoln Center Support League 16th ArtWear Fashion Week Location: Lincoln Center September 20-28, 2013 In conjunction with the theatrical fashion show, the goals of ArtWear are to present innovative and unique $4,100 $4,100 $0 $0 100% wearable works of art and to provide forums, exhibits, and demonstrations exploring fibers & design techniques. Opera Fort Collins Guild Songs in Summer Location: The Hixon Residence August 1, 2013 This event is an evening soiree of classical music held in the beautiful gardens of a private residence. It $1,800 $1,250 $0 $550 69% features two nationally recognized opera and musical singers. Poudre River Public Library District Authors Alive! Location: Local libraries and the Hilton Fort Collins September 2013 - April 2014 Authors Alive! will bring under one umbrella the many author and literary programs sponsored or co-sponsored $5,000 $4,500 $0 $500 90% by the Library District. Presentations include discussions of an author's latest work and their writing process. Reach Michael Lanza Community Event Location: CSU Morgan Library or NS Aztlan Community Center November, 2013 This event will give the community the chance to hear from and talk with the well known outdoor $2,000 $500 $0 $1,500 25% enthusiast and author discussing his adventures & insights while camping in our national parks. 197 2 of of 390 3 APPLICANT PROPOSED EVENT/DATE FUNDING REQUESTS CULTURAL DEVELOPMENT & PROGRAMMING TOURISM PROGRAMMING UNFUNDED BALANCE PERCENT OF REQUEST FUNDED CULTURAL RESOURCES BOARD RECOMMENDATION Rocky Mountain Raptor Program A Second Chance at Freedom Location: Fort Collins Hilton February 22, 2014 This gala, dinner and auction provide the attendees with live music, a buffet dinner, and a live and silent $2,000 $500 $0 $1,500 25% auction while benefiting our community's injured raptors with a chance to be released back into the wild. SpokesBUZZ Fort Collins BandSwap 2013 Location: Venues within the Fort Collins GMA September 21-October 6, 2013 The 'swap' entails partnering similar homegrown performers for shows in partner cities, thus highlighting $5,000 $2,000 $0 $3,000 40% Fort Collins culture and talented local bands in expanded venues. Team Fort Collins Down For Life Hip Hop Expo Location: Northside Aztlan Community Center March 8, 2014 Features of the event include hip hop performances by both local groups and one 'big name' group. There are $2,270 $2,270 $0 $2,270 100% also live art performances done to hip hop music, hip hop lessons, interactive booths and competitions. Total Funding Requested by Applicants $61,720 Total Funding Recommended for disbursement by CRB $44,470 $0 Total Unfunded Balance $17,250 % of Requested Amounts Funded 72% Scores are based on application materials and Fort Fund's "Criteria for Funding." 198 3 of of 390 3 DATE: July 16, 2013 STAFF: Marty Heffernan AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT Items Relating to the Maintenance of Old Town Plaza. A. Resolution 2013-065 Authorizing the City Manager to Execute the 2013 Old Town Plaza Master Agreement with Restrictive Covenants Between the Downtown Development Authority, Progressive Old Town Square, LLC and the City Regarding Maintenance of Old Town Plaza. B. Resolution 2013-066 Authorizing the City Manager to Execute an Intergovernmental Agreement Regarding Maintenance of Old Town Plaza Between the Downtown Development Authority and the City. EXECUTIVE SUMMARY The purpose of this item is to consider approval of an agreement between the Downtown Development Authority (DDA), Progressive Old Town Square and the City regarding ownership, operation and maintenance of Old Town Plaza and an agreement between the City and the DDA regarding maintenance and repair of the Plaza. Resolution 2013-065 adopts the 2013 Old Town Plaza Master Agreement with Restrictive Covenants (“Master Agreement”), a three party agreement with the City of Fort Collins, the Downtown Development Authority (and Progressive Old Town Square, LLC (“POTS”). The Agreement redefines the parties’ operation and maintenance obligations for Old Town Plaza, defines POTS’ maintenance payments and how they relate to the purchase of the Kiosk at 13 Old Town Square, acknowledges POTS’ pledge to make a financial contribution towards the renovation of the Plaza, addresses the restrictive covenants set forth during the original construction of the Plaza, and further defines the rules and regulations governing Old Town Plaza. Resolution 2013-066 adopts the Intergovernmental Agreement Regarding Maintenance of Old Town Plaza (“IGA”) between the DDA and the City. The Master Agreement will supersede all previous agreements that defined roles for maintenance and repair/replacement of Plaza infrastructure, and because POTS is being removed from their previous role except for a continuing payment obligation, the City and DDA require an agreement to define their continuing responsibilities related to the operation and maintenance of the Plaza. The approval of these two items by Council will complete a chain of approvals that allow the DDA to acquire the Old Town Plaza Kiosk from POTS and begin steps toward the renovation of Old Town Plaza. BACKGROUND / DISCUSSION The vision and construction of Old Town Square by Gene Mitchell nearly 30 years ago has truly helped to define downtown Fort Collins. By turning a city street into a public plaza, it has provided a sense of place for downtown where people can gather to share in the numerous festivals and concerts performed in the square, enjoy the wonderful flowers and plantings, take innumerable photos in front of the fountain, and shop, dine or work at the wonderful establishments that line the Plaza. Because of consistent use by hundreds of thousands of people during the last three decades and infrastructure systems reaching the end of industry expected lifecycles, the infrastructure of the Plaza has deteriorated to a point where it is more desirable and makes greater financial sense for the DDA and City to renovate the infrastructure with new rather than to continue to repair original infrastructure. The DDA anticipates investing $1,000,000-$1,500,000 towards the renovation of the Plaza. The DDA will be working closely with the City on the renovation design of the Plaza as there is an anticipation of the City contributing towards the project. The City’s 2011 Capital Improvement Plan for the downtown General Improvement District (GID) acknowledges the renovation of Old Town Plaza as its highest priority in the plan, with available funding up to $1,000,000 towards the project. However, adoption of the Resolutions does not commit the City to provide funding for the Plaza renovation. 199 of 390 July 16, 2013 -2- ITEM 21 After lengthy negotiations, the DDA, City and POTS have structured new agreements that will allow the City and the DDA to take next steps towards the renovation of the Plaza. Because POTS also desires to see the Plaza renovated, it is pledging a donation ($61,525) toward the capital improvements. If all of the following agreements and transactions are fulfilled by August 2013, DDA staff would propose to begin the public outreach and design process for the renovation of the Plaza in 2014, with the intention to begin and complete the renovation of the Plaza in 2015. Below is a synopsis of the four agreements that have been negotiated between the DDA, City, and POTS. These four agreements are all interrelated, though the City is a party to only two of the agreements: the 2013 Old Town Plaza Master Agreement and the IGA Regarding Maintenance of Old Town Plaza. An explanation of all the agreements is provided in this agenda item summary in order to demonstrate their interrelationships. 2013 Old Town Plaza Master Agreement With Restrictive Covenants In 1993, the DDA, City and POTS entered into an agreement establishing the rights and obligations of each party as they relate to operation and maintenance of Old Town Plaza and the adjacent Rights-of-way. Numerous agreements and amendments to the agreements have followed. The proposed 2013 Master Agreement supersedes the previous agreements and is the final agreement, which has been long anticipated by the parties. The Agreement redefines the parties’ operation and maintenance obligation for Old Town Plaza, defines POTS’ maintenance payments and how they relate to the purchase of the Kiosk at 13 Old Town Square, acknowledges POTS’ pledge to make a financial contribution towards the renovation of the Plaza, addresses the restrictive covenants set forth during the original construction of the Plaza, and further defines the rules and regulations governing Old Town Plaza. This agreement does not specify the roles and obligations of the DDA and the City as related to the maintenance and Management of Old Town Plaza; these will be defined and specified in the IGA. Staff recommends Council approval of this Agreement. Intergovernmental Agreement Regarding Maintenance of Old Town Plaza It is necessary for the City and the DDA to enter into an Intergovernmental Agreement because the 2013 Agreement absolves POTS from any of the maintenance and/or repair responsibilities (provided POTS is current with its maintenance payments) and makes the DDA and the City the responsible parties for the management, maintenance, repair and replacement of Old Town Plaza and the rights-of–way. The IGA defines the responsibilities of both parties as they relate to the operation and maintenance of the Plaza until both parties enter into a second IGA for the renovation of the Plaza. The DDA and the City recognize that the operation and maintenance needs of the Plaza during a renovation project will be different than the current needs. This IGA also addresses the needs of the DDA and the City to enter into a third post-renovation IGA to further define the operation and maintenance of the Plaza after a renovation project takes place. Staff recommends Council approval of this IGA. Kiosk Purchase Contract The DDA would like to purchase the Kiosk in Old Town Plaza, owned by POTS, as part of the renovation of Old Town Plaza. After two appraisals of the property and negotiations between POTS and the DDA, a purchase price of $121,243 has been mutually agreed upon. In lieu of a cash payment, POTS’ Old Town Plaza maintenance payments in 2017 ($65,272) and 2018 ($55,971) will be credited to the purchase price of the Kiosk. This arrangement is further detailed in the Master Agreement. The City is not a party to this Purchase Agreement, but execution of this Purchase Agreement is contingent upon Council’s approval of the 2013 Master Agreement and the IGA. Termination and Release of Declaration of Covenants, Restrictions and Easements Old Town Project When Old Town Plaza was originally constructed, it was agreed to that the Plaza would be subject to the declaration of covenants, restrictions and easements of the Old Town Project. Because POTS is now the declarant of the covenants for the Old Town Project and the DDA is the owner of the Plaza subject to the covenants, both parties have mutually agreed to terminate the covenants because of the promises made in the 2013 Master Agreement. The DDA Board has consented to the Termination and Release of the Declaration of Covenants, Conditions, Restrictions and Easements Old Town Project as this is desired by the DDA and has been negotiated as part of the 2013 Agreement. 200 of 390 July 16, 2013 -3- ITEM 21 The City is not a party to the Termination and Release of Declaration of Covenants, but execution of this Agreement is contingent upon Council’s approval of the 2013 Master Agreement and the IGA. FINANCIAL / ECONOMIC IMPACTS Upon execution of the 2013 Master Agreement, the DDA and the City will be the responsible parties for the management, maintenance, repair and replacement of the Old Town Plaza and the Rights-of-way. POTS is obligated to make a monthly payment to the City in the amount of $4,856, with a 3% increase adjusted annually each calendar year as its share of the cost to perform the maintenance/repair responsibilities through October 2018. Recognizing the DDA and the City’s desire to renovate the Plaza in 2015, and that maintenance during that year will be minimal, the parties agree that POTS shall not be required to make its 2015 Maintenance Payment. Because POTS also desires to see the Plaza renovated, it has pledged to donate the equivalent amount of its 2015 Maintenance Payment ($61,525) to the DDA in 2014 to be used towards the renovation of the Plaza. The DDA desires to purchase the 13 Old Town Square (Kiosk) from POTS in anticipation of the Old Town Plaza renovation. The DDA and POTS have mutually agreed on a purchase price of $121,243 and, in lieu of a cash payment, POTS’ Old Town Plaza maintenance payments for 2017 ($65,272) and 2018 ($55,971) will be credited to the purchase price further detailed in the agreement. Any monies needed to cover a shortfall of funds to maintain the Plaza prior to renovation as a result of the Kiosk purchase will be the responsibility of the DDA. The DDA and the City shall continue to make an annual contribution towards the maintenance of the Plaza and rights- of way in the amount of $63,046, with an annual adjustment to reflect changes in the consumer price index. Any additional service requirements needed to the Plaza beyond the scope of service described in the IGA will be paid for by the DDA. This arrangement reflects the current practice between the DDA, City and POTS. Contributions for Plaza maintenance after the renovation will be determined in a post-renovation IGA to be negotiated between the City and the DDA. ENVIRONMENTAL IMPACTS Old Town Plaza is developed around high intensity use, consisting of raised planter beds, a water feature and hardscape consisting of pavers. The 2013 Agreement and IGA will keep the Plaza safe and operational until such time that the Plaza is renovated. The hard surfaces will continue to be periodically power washed, 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. The compost used in the flower beds is generated exclusively by the City’s earth tub pilot project where downtown restaurant food waste is diverted from the landfill. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BOARD / COMMISSION RECOMMENDATION • The DDA Board and POTS have both approved and signed the 2013 Master Agreement with Restrictive Covenants. • The DDA Board has approved and signed the IGA. • The DDA Board and POTS have both signed the Termination and Release of the Declaration of Covenants. ( This is contingent upon Council approval of the 2013 Master Agreement and the IGA) • The DDA Board and POTS have both signed the Kiosk Purchase Contract. (This is contingent upon Council approval of the 2013 Master Agreement and the IGA) 201 of 390 July 16, 2013 -4- ITEM 21 ATTACHMENTS 1. DDA Resolution 2013-06 approving the 2013 Old Town Plaza Master Agreement 2. DDA Resolution 2013-09 approving IGA Regarding Maintenance of Old Town Plaza 202 of 390 ATTACHMENT 1 203 of 390 204 of 390 ATTACHMENT 2 205 of 390 206 of 390 RESOLUTION 2013-065 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2013 OLD TOWN PLAZA MASTER AGREEMENT WITH RESTRICTIVE COVENANTS BETWEEN THE DOWNTOWN DEVELOPMENT AUTHORITY, PROGRESSIVE OLD TOWN SQUARE, LLC AND THE CITY REGARDING MAINTENANCE 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, the City is the owner of certain rights-of-way adjacent to Old Town Plaza including Trimble Court Alley (collectively, the “Rights-of-Way”) as shown on Exhibit A; and WHEREAS, Progressive Old Town Square, LLC (“POTS”) is the owner of certain real property located adjacent to Old Town Plaza, as shown on Exhibit A; and WHEREAS, on July 5, 1983, the DDA and Old Town Associates Ltd., POTS’s predecessor in title, entered into an agreement (the “Implementation Agreement”) for the development of Old Town Plaza and adjacent private property (the "Project") which set forth the duties and responsibilities of each party in connection with the Project; and WHEREAS, on October 29, 1993, the DDA, POTS and the City entered into an agreement which set forth the rights and obligations of each party in connection with the Project and the Rights- of-Way (the “1993 Agreement”), which superseded the Implementation Agreement in its entirety; and WHEREAS, on July 13, 2005, the DDA, POTS and the City executed an agreement that established certain rights and responsibilities of the parties in connection with the use, operation, maintenance and repair of Old Town Plaza while the parties worked on restructuring the 1993 Agreement (the “Interim Agreement”) and, on April 21, 2010, executed the “Second Interim Agreement” for the purpose of ratifying the performance of the parties from and after June 14, 2006 and establishing the rights and responsibilities of the parties through December 31, 2011; and WHEREAS, on March 6, 2012, the parties executed the “First Amendment to Second Interim Agreement” for the purpose of extending the term of the Second Interim Agreement until December 14, 2014, unless prior to such time the parties had executed an agreement restructuring the 1993 Agreement; and WHEREAS, the DDA contemplates making major renovations to Old Town Plaza in 2015 (the “Renovation Project”); and 207 of 390 WHEREAS, in contemplation of the Renovation Project, the DDA, the City and POTS wish to enter into an agreement called the 2013 Old Town Plaza Master Agreement, a copy of which is attached and incorporated herein as Exhibit “B” (the “2013 Agreement”); and WHEREAS, the 2013 Agreement would supersede any and all provisions of the 1993 Agreement and amendments thereto, the Second Interim Agreement and the First Amendment to Second Interim Agreement, and would set forth the continuing rights and financial obligations of POTS regarding the maintenance, repair and replacement of the Old Town Plaza infrastructure; and WHEREAS, the City Council is being asked to approve the 2013 Agreement because the agreements it supersedes were approved by the City Council; and WHEREAS, on June 13, 2013, the Board of Directors of the DDA adopted Resolution No. 2013-06 approving the 2013 Agreement and authorizing its execution by the Chairperson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the 2013 Agreement in substantially the form attached as Exhibit B, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or 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 16th day of July A.D. 2013. Mayor ATTEST: City Clerk 208 of 390 209 of 390 210 of 390 211 of 390 212 of 390 213 of 390 214 of 390 215 of 390 216 of 390 217 of 390 218 of 390 219 of 390 220 of 390 221 of 390 222 of 390 223 of 390 224 of 390 225 of 390 226 of 390 227 of 390 228 of 390 229 of 390 230 of 390 231 of 390 232 of 390 233 of 390 234 of 390 235 of 390 236 of 390 237 of 390 238 of 390 RESOLUTION 2013-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING MAINTENANCE OF OLD TOWN PLAZA BETWEEN THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE CITY 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, the City is the owner of certain rights-of-way adjacent to Old Town Plaza including Trimble Court Alley (collectively, the “Rights-of-Way”) as shown on Exhibit A; and WHEREAS, Progressive Old Town Square, LLC (“POTS”) is the owner of certain real property located adjacent to Old Town Plaza, as shown on Exhibit A; and WHEREAS, on July 5, 1983, the DDA and Old Town Associates Ltd., POTS’s predecessor in title, entered into an agreement (the “Implementation Agreement”) for the development of Old Town Plaza and adjacent private property (the “Project”) which set forth the duties and responsibilities of each party in connection with the Project; and WHEREAS, on October 29, 1993, the DDA, POTS and the City entered into an agreement which set forth the rights and obligations of each party in connection with the Project and the Rights- of-Way (the “1993 Agreement”), which superseded the Implementation Agreement in its entirety; and WHEREAS, on July 13, 2005, the DDA, POTS and the City executed an agreement that established certain rights and responsibilities of the parties in connection with the use, operation, maintenance and repair of Old Town Plaza while the parties worked on restructuring the 1993 Agreement (the “Interim Agreement”) and, on April 21, 2010, executed the “Second Interim Agreement” for the purpose of ratifying the performance of the parties from and after June 14, 2006 and establishing the rights and responsibilities of the parties through December 31, 2011; and WHEREAS, on March 6, 2012, the parties executed the “First Amendment to Second Interim Agreement” for the purpose of extending the term of the Second Interim Agreement until December 14, 2014, unless prior to such time the parties had executed an agreement restructuring the 1993 Agreement; and WHEREAS, the DDA contemplates making major renovations to Old Town Plaza in 2015 (the “Renovation Project”); and WHEREAS, in contemplation of the Renovation Project, the DDA, the City and POTS wish to enter into an agreement called the 2013 Old Town Plaza Master Agreement, (the “2013 Agreement”), the approval of which the City Council is considering under a separate Resolution; and 239 of 390 WHEREAS, the 2013 Agreement would supersede any and all provisions of the 1993 Agreement and amendments thereto, the Second Interim Agreement and the First Amendment to Second Interim Agreement, and would set forth the continuing rights and financial obligations of POTS regarding the maintenance, repair and replacement of the Old Town Plaza infrastructure; and WHEREAS, because the 2013 Agreement only specifies the obligations of POTS regarding Old Town Plaza, the City and the DDA wish to enter into a new Intergovernmental Agreement Regarding Maintenance of Old Town Plaza, a copy of which is attached and incorporated herein as Exhibit “B”, to memorialize their respective rights and obligations regarding maintenance, repair and replacement of improvements in Old Town Plaza (the “IGA”); and WHEREAS, pursuant to Section 1-22 of the City Code, the City Council is being asked to approve the IGA by resolution because the direct monetary payments to be made by the City under the IGA exceed $50,000; and WHEREAS, on June 13, 2013, the Board of Directors of the DDA adopted Resolution No. 2013-09 approving the IGA and authorizing its execution by the Chairperson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the IGA in substantially the form attached as Exhibit B, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or 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 16th day of July A.D. 2013. Mayor ATTEST: City Clerk 240 of 390 241 of 390 242 of 390 243 of 390 244 of 390 245 of 390 246 of 390 247 of 390 248 of 390 249 of 390 250 of 390 251 of 390 252 of 390 253 of 390 254 of 390 255 of 390 DATE: July 16, 2013 STAFF: Jon Haukaas AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort Collins- Loveland Water District For Participation in a Joint Regional Water Treatment Solutions Study. EXECUTIVE SUMMARY Staff proposes to enter into an intergovernmental agreement to fund a joint study to examine options for regional water treatment solutions between the Tri-Districts and the City of Fort Collins. The Fort Collins-Loveland Water District shall be the lead agency entering into the contract with the consultant. The scope of any cooperative solution is strictly limited to creating a business model of receiving raw water, treating it, and returning a finished potable water product to the member entities at a wholesale rate. Options range from remaining independent, additional intergovernmental agreements, combining facilities, or other options to be determined during the investigation phase of the study. Acquisition and control of water rights or raw water storage is not part of this discussion. The utilities would maintain separate control over their raw water and their distribution systems. BACKGROUND / DISCUSSION The City and the Tri-Districts (comprised of East Larimer County Water District, Fort Collins-Loveland Water District, and North Weld County Water District) each operate a water treatment plant, located next to each other on LaPorte Avenue. Both plants treat the same raw water sources, although there are different blends available depending on the water rights and time of the year, and distribute potable water to their customers. In addition, the City has the ability to share potable water with North Weld and Fort Collins-Loveland through interconnections in its distribution system, using long-standing agreements. While regionalization has been discussed many times in the previous 30 years, there is a renewed interest in determining the cost benefit for regional opportunities available to the utilities. Growth of the districts’ service area, excess capacity in the City’s facility, and costs of providing water are the driving forces for this work. Capital costs associated with new expansion, aging infrastructure, and efficiencies of operations and maintenance has led to the desire to look at the financial issues associated with collaboration. To that end, the Regional Water Cooperation Committee (RWCC), a committee made up of managers from each utility, developed a scope of work to request a consultant to assist with the decision making process. While all four entities agree in principle that collaborations between the utilities can only mean increased efficiencies, there has not been a thorough analysis of the financial implications of regionalization. CONSULTANT PROPOSALS The RWCC developed institutional options of regionalization, including: 1. Stay the same (status quo) 2. Enhanced collaboration through Sales Agreements, but remain separate entities 3. Merger of treatment facilities, similar to an Authority model 4. Other option as determined by the consultant and the project team. The committee conducted a rigorous request for qualifications from several (9) firms, and short-listed three, who then provided more detailed proposals. The apparent preferred consultant, Arcadis/Red Oak Consulting, provided a strong proposal that identified their approach through stakeholder engagement, integration of a work plan and analysis of options. In the financial analysis they would provide: 1. Assessment of value and accounting of assets from the utilities 2. Development of fair and equitable wholesale and retail cost allocation 3. Present worth and future cost projects for alternatives 256 of 390 July 16, 2013 -2- ITEM 22 It was unanimously agreed by the RWCC that a third-party analysis was critical to determining the financial piece of enhanced collaboration, particularly when evaluating regionalization through an authority model. The utilities would maintain separate control over their raw water and their distribution systems. The Fort Collins-Loveland Water District shall be the lead agency entering into the contract with the consultant. This item was presented to the City Council at its June 25, 2013 Work Session. Councilmembers expressed concerns about the final use of the treated water, as well as the governance of any joint operations. All options are being considered and would be presented in the final report later this fall. Council expressed general consent to bring the item forward for final consideration at its next regular Council meeting. FUTURE ACTION REQUIRED The investigation and analysis phases of the project are scheduled to be complete in the fall of 2013. Staff proposes to hold a joint meeting of the City Council and District Boards to review the findings and determine our next course of action. FINANCIAL / ECONOMIC IMPACTS The initial fee for the consultant providing these services is $220,185. This fee would be split evenly between the four entities. Staff is recommending the IGA state that Fort Collins shall reimburse 25% of the final costs for the study, not to exceed $75,000. Funds are available in our Water Enterprise Contingency Funds.. The individual Boards of the Tri-District entities have approved the expenditure of their shares of the cost. Upon approve of this expenditure by the City Council for the Fort Collins portion, the RWCC will negotiate with Red Oak to finalize the details of the scope of work. ENVIRONMENTAL IMPACTS As a result of this study, staff will have the information to truly understand any potential impacts to either the environment or from a social perspective. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The Water Board discussed this item at its June 20, 2013 meeting and voted unanimously to recommend City Council consider adoption of an Ordinance authorizing the joint funding of a Regional Water Treatment Solutions Study for 25 percent of the final cost, with the City of Fort Collins’ share not to exceed $75,000. ATTACHMENTS 1. Water Board minutes, June 20, 2013 257 of 390 Excerpt from Unapproved Water Board Minutes, June 20, 2013 Approve Joint Funding of a Regionalization Feasibility Study with the Tri-Districts (Attachments available upon request). Water Engineering and Field Operations Manager Jon Haukaas introduced the item and shared background information on the subject of regionalization. The City of Fort Collins and the Tri-Districts (East Larimer County Water District, Fort Collins- Loveland Water District, and North Weld County Water District) each operate a water treatment plant, located next to each other on LaPorte Avenue. The City has the ability to share potable water with North Weld and Fort Collins-Loveland through interconnections in its distribution system. Staff is currently investigating options for regional water solutions. Regionalization has been discussed in the past and there is renewed interest in determining the cost benefit due to growth in the service areas, excess capacity in the City’s facility, and the rising costs of treating water. A Regional Water Cooperative Committee was established by an Intergovernmental Agreement for Water Sharing and includes Operations Managers for each treatment facility. Mr. Haukaas presented the reasoning behind the study:  Both plants serve the citizens of Fort Collins  Parties agree in principle that collaboration is a more sustainable approach and can increase efficiencies.  A third party analysis is critical to determining the financial evaluations around costs. A Request for Proposal was developed:  Scope of Work  Consultants will meet with Stakeholders to discuss individual concerns or constraints.  Focused around developing a cooperative business model to receive “raw water” from the participants and return finished potable water.  Charging the members based on a Cost of Service model. Mr. Haukaas presented some limits of the study:  Member parties shall maintain control and responsibility for water rights, raw water storage, and distribution systems. The consultants will present the results to the City and the Tri-Districts late 2013 or early 2014. Mr. Haukaas presented the costs:  Initial fee is $220,185 split four ways  Fort Collins share would be approximately $55,050.  The three Water Districts have approved their contributions. Highlights from the discussion:  A board member asked if the amount of water used for hydraulic fracturing (‘fracking’) by North Weld will also be a part of the study. Mr. Haukaas stated this is not part of this study. This particular study looks at options for water treatment, and the demands from North Weld are not driving the study. Population growth in south Fort Collins is driving the study. ATTACHMENT 1 258 of 390 Excerpt from Unapproved Water Board Minutes, June 20, 2013  A board member inquired as to who brought the idea forward. Mr. Haukaas stated the idea is a result of the discussions by the Regional Water Cooperative Committee.  A board member asked about options for sewer treatment as part of the project. Mr. Haukaas stated staff has approached Boxelder Sanitation District to discuss options. Currently, there are no opportunities to increase the customer base.  A board member asked if improvements to the plant would be necessary. Mr. Haukaas stated a financial analysis is necessary to determine these costs. Ms. Voytko shared background information on the Regional Water Cooperation Committee. This committee includes Plant Managers and City Senior Managers. A subcommittee was formed to look at the Request for Proposal. The subcommittee made a recommendation to the full committee from a list of three possibilities. Mr. Haukaas reiterated the decision was made based on the consultants’ qualifications. Costs were in a sealed envelope so the committee would not automatically choose the low bid. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Brown moved that the Water Board recommend City Council consider approval of an Ordinance authorizing the joint funding of a Regional Water Treatment Solutions Study for 25 percent of the final cost with the City of Fort Collins’ share not to exceed $75,000. Board Member Goldbach seconded the motion. 259 of 390 RESOLUTION 2013-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND FORT COLLINS-LOVELAND WATER DISTRICT FOR PARTICIPATION IN A JOINT REGIONAL WATER TREATMENT SOLUTIONS STUDY WHEREAS, three area water districts, the Fort Collins-Loveland Water District (“FCLWD”), the East Larimer County Water District (“ELCO”) and the North Weld County Water District (“NWCWD”), together referred to as the Tri-Districts, cooperatively own and operate the Soldier Canyon Filter Plant (the “Plant”), which is located near the City’s Water Treatment Facility; and WHEREAS, the Tri-Districts provide drinking water service to customers within portions of Fort Collins, the Fort Collins growth management area, Larimer County, Weld County and the surrounding region, including the towns of Windsor, Eaton, Ault, Timnath, Pierce and Nunn, as well as the Sunset Water District, and portions of the Northern Colorado Water Association; and WHEREAS, the Tri-Districts will need to expand their treatment plant capacity to continue to comply with applicable regulations and to meet future capacity needs; and WHEREAS, as an alternative to expanding the Plant, the Tri-Districts, through FCLWD, desire to confer with the City regarding possible arrangements under which the City might provide for the treatment of a portion of its water flows to meet the Tri-Districts’ near term and future needs; and WHEREAS, the City has historically worked with FCLWD and with NWCWD through water sales and exchanges in order to cooperate in providing cost-effective and efficient water treatment and supply, and those existing agreements are currently under review and proposed to be updated; and WHEREAS, the City has unused treatment capacity at its Water Treatment Facility, which facility was constructed prior to water conservation efforts; and WHEREAS, if such water treatment arrangements were made, each of the Tri-Districts would remain independent from the City and the City will assess only those charges directly or indirectly related to the use of its treatment capacity for the Tri-Districts’ water flows; and WHEREAS, the Tri-Districts would provide their own raw water to the City for treatment; and WHEREAS, consolidation of water treatment services would eliminate construction at the Plant and increase efficiencies that could benefit the City, the Tri-Districts and the region; and WHEREAS, on April 21, 2009, the City Council adopted Resolution 2009-041, authorizing the City Manager to investigate options for a cooperative arrangement that would 260 of 390 provide water treatment services to the Tri-Districts and to negotiate a proposed agreement for future Council consideration; and WHEREAS, in order to more fully develop and evaluate options for cooperative arrangements and then prepare a proposal for City Council consideration if a desirable alternative is identified, the Tri-Districts have worked with City staff to develop a proposal for a study by outside experts of the technical and financial aspects of alternatives for cooperation (the “Study”); and WHEREAS, FCLWD is willing to coordinate the Study for the benefit of the Tri-Districts and the City, provided that each of the four entities pay twenty-five percent of the overall cost; and WHEREAS, the City’s share of the costs of the Study is expected to be approximately $55,000, and will be limited to no more than $75,000; and WHEREAS, the funds required to pay the City’s share of the costs are appropriated and available in the Water Enterprise Contingency Fund; and WHEREAS, City staff has proposed that the City enter into an intergovernmental agreement with FCLWD, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Agreement”), in order to provide for ongoing City staff involvement in directing and reviewing the work of the outside experts preparing the Study, and to provide for payment by each of the parties of an equivalent share of the Study costs; and WHEREAS, Article II, Section 16 of the City Charter of the City empowers the City Council, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an Intergovernmental Agreement for the Funding and Coordinating of a Regional Water Treatment Solutions Study between the City and FCLWD consistent with the terms of this Resolution, 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 Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 261 of 390 1 INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE STUDY OF REGIONAL WATER TREATMENT OPTIONS THIS AGREEMENT is made and entered into as of the ___ day of ___________ 2013, by and between the City of Fort Collins, a home rule municipality, acting by and through its _____________ (hereinafter “Fort Collins”), and the Fort Collins-Loveland Water District, acting by and through its Water Enterprise (hereinafter “the District”) (collectively “Parties”). RECITALS WHEREAS, three area water districts, the Fort Collins-Loveland Water District (AFCLWD@), the East Larimer County Water District (AELCO@) and the North Weld County Water District (ANWCWD@), together referred to as the Tri-Districts, cooperatively own and operate the Soldier Canyon Filter Plant (the APlant@), which is located near the City=s Water Treatment Facility; and WHEREAS, the Tri-Districts provide drinking water service to customers within portions of Fort Collins, the Fort Collins growth management area, Larimer County, Weld County and the surrounding region, including the towns of Windsor, Eaton, Ault, Timnath, Pierce and Nunn, as well as the Sunset Water District, and portions of the Northern Colorado Water Association; and WHEREAS, the Tri-Districts will need to expand its treatment plant capacity to continue to comply with applicable regulations and to meet future capacity needs; and WHEREAS, as an alternative to expanding the Plant, the Tri-Districts, through FCLWD, desire to confer with the City regarding possible arrangements under which the City might provide for the treatment of a portion of its water flows to meet the Tri-Districts= near term and future needs; and WHEREAS, the City has historically worked with FCLWD and with NWCWD through water sales and exchanges in order to cooperate in providing cost-effective and efficient water treatment and supply, and those existing agreements are currently under review and proposed to be updated; and WHEREAS, the City has unused treatment capacity at its Water Treatment Facility, which facility was constructed prior to water conservation efforts; and WHEREAS, if such water treatment arrangements were made, each of the Tri-Districts would remain independent from the City and the City will assess only those charges directly or indirectly related to the use of its treatment capacity for the Tri-Districts= water flows; and WHEREAS, the Tri-Districts would provide their own raw water to the City for treatment; and 262 of 390 2 WHEREAS, consolidation of water treatment services would eliminate construction at the Plant and increase efficiencies that could benefit the City, the Tri-Districts and the region; and WHEREAS, on April 21, 2009, the City Council adopted Resolution 2009-041, authorizing the City Manager to investigate options for a cooperative arrangement that would provide water treatment services to the Tri-Districts and to negotiate a proposed agreement for future Council consideration; and WHEREAS, in order to more fully develop and evaluate options for cooperative arrangements and then prepare a proposal for City Council consideration if a desirable alternative is identified, the Tri-Districts have worked with City staff to develop a proposal for a study by outside experts of the technical and financial aspects of alternatives for cooperation (the AStudy@); and WHEREAS, FCLWD is willing to coordinate the Study for the benefit of the Tri- Districts and the City, provided that each of the four entities pay twenty-five percent of the overall cost; and WHEREAS, the City=s share of the costs of the Study is expected to be approximately $55,000, and will be limited to no more than $75,000; and WHEREAS, the funds required to pay the City=s share of the costs are appropriated and available in the Water Enterprise Contingency Fund; and WHEREAS, City staff has proposed that the City enter into an intergovernmental agreement with FCLWD (the AAgreement@), in order to provide for ongoing City staff involvement in directing and reviewing the work of the outside experts preparing the Study, and to provide for payment by each of the parties of an equivalent share of the Study costs; and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between FCLWD and Fort Collins as follows: AGREEMENT 1. AUTHORITY. This Agreement has been duly adopted by the Parties’ governing body and the undersigned representatives authorized to execute this Agreement on behalf of the respective Party. 263 of 390 3 2. PURPOSE. The foregoing Recitals are hereby incorporated into and made part of this Agreement. 3. FUNDING. FCLWD will fund the Study, using its own funds, payments to be received from the other Tri-Districts, and using the funds provided by Fort Collins, as provided herein. 4. APPORTIONMENT OF COSTS AND DUTIES. 4.1. FCLWD has advertised and requested bids for the Study, pursuant to the Request for Proposals, attached hereto as Exhibit “A” and incorporated herein (“RFP”) and shall execute a professional services contract in generally the form attached hereto as Exhibit “B” and incorporated herein (“Contract”), with a qualified consulting firm (the “Contractor”) to perform the services as generally described in the RFP (the “Work”). The parties acknowledge and agree that although the Contractor team includes a legal advisor, the role of any attorney or attorneys under the Contract will be to provide general information and facilitate discussion among the parties, but will not be to provide legal advice or representation to any of the entities involved. The parties agree to work cooperatively to ensure that this limitation is properly incorporated into the Work and to manage the Contract accordingly. 4.2. FCLWD, ELCO, NWCWD and Fort Collins shall be joint project managers for the Work. Fort Collins shall be entitled to review and receive copies of all drafts, notes, summaries, data or work product or deliverables prepared by the Contractor in connection with the performance of the Work. 4.3. FCLWD shall be the contract manager for all activities under the Contract, including but not limited to all of the Work thereunder. 4.4. Upon receipt of invoices for the Work, FCLWD shall provide a copy to Fort Collins for review. Fort Collins shall be entitled to request additional information to confirm the tasks completed and the charges associated with those tasks. No later than twelve (12) business days after provision to Fort Collins by FCLWD of notice that FCLWD has prepared payment to the Contractor, Fort Collins shall remit to FCLWD twenty-five percent (25%) of the payment amount as reimbursement for Fort Collins’ share of the total payment, up to a total maximum payment by Fort Collins of $75,000. 4.5. FCLWD shall account for and maintain records of the Work and all invoices and payments under or related to the Contract, and shall retain such records for a period of not less than five (5) years after full completion of the Work. Upon request, FCLWD shall allow Fort Collins to inspect all accounting or other financial records related to the Work or the Contract. 5. ASSIGNMENT. The Parties may not assign this Agreement without prior written consent from the other party. 264 of 390 4 6. NOTICE. All notices, demands, or other written communication required or permitted to be given by this Agreement shall be by electronic mail, hand delivered or sent by certified or registered mail, postage prepaid, and return receipt requested, to the parties as follows: If to Fort Collins: With a copy to: If to FCLWD: With a copy to: 7. NO WAIVER OF IMMUNITY. Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act (“CGIA”), CRS §24-10-101, et seq., or the Federal Tort Claims Act (“FTCA”) 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the CGIA or the FTCA as applicable, as now or hereafter amended. 8. MUTUAL INDEMNIFICATION-GENERAL. To the extent provided by law, FCLWD shall indemnify, save, and hold harmless Fort Collins, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission of FCLWD, or its employees, agents, or assignees pursuant to the terms of this Agreement. Likewise, Fort Collins shall indemnify, save, and hold harmless FCLWD, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission of Fort Collins, or its employees, agents, or assignees pursuant to the terms of this Agreement. The provisions hereof shall not be construed or interpreted as either party’s waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the CGIA or the FTCA as applicable, as now or hereafter amended. 265 of 390 5 9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The forum for any dispute regarding this Agreement shall be in the Larimer County District Court, State of Colorado. 10. COMPLETE AGREEMENT. This Agreement consists of all the agreements, understandings, and promises between the Parties, and there are no agreements, understandings, or promises between the Parties other than those set forth in this Agreement. 11. AMENDMENTS. Any amendments or modifications to this Agreement must be in writing and executed by all parties to be valid and binding. 12. BINDING EFFECT. This Agreement, when executed and delivered, shall bind the parties and their successors and assigns. 13. SEVERABILITY. If any provision of this Agreement is invalidated by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set opposite their respective signatures below. FORT COLLINS-LOVELAND WATER THE CITY OF FORT COLLINS, DISTRICT ENTERPRISE COLORADO By:_____________________________ By: ___________________________ Board President Karen Weitkunat, Mayor Dated: _________________ Dated: __________________ ATTEST: ATTEST: By: _____________________________ By: _____________________________ Board Secretary City Clerk APPROVED AS TO LEGAL FORM By:_____________________________ City Attorney 266 of 390 Regional Water Cooperation Committee Request for Proposal Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins April 19, 2013 267 of 390 2 TABLE OF CONTENTS Request for Proposal Page 2 I. Scope of Work Page 4 II. Compensation Page 6 III. Proposal Submittal Page 6 IV. Other Proposal Requirements Page 7 V. Proposal Schedule Page 7 VI. Selection Process and Criteria Page 8 VII. Conditions of Submittal Proposals Page 8 268 of 390 REQUEST FOR PROPOSAL Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins The City of Fort Collins and the Tri-Districts (Fort Collins – Loveland Water District (FCLWD), North Weld County Water District (NWCWD) and the East Larimer County Water District (ELCO)) have formed a Regional Water Cooperation Committee (RWCC) to evaluate the merits of creating regional water treatment solutions to providing drinking water to their customers in Northern Colorado. This Request for Proposals (RFP), as delivered to prequalified firms, seeks proposals that describe in more detail the plan to evaluate the cost and impact of regional water treatment cooperative alternatives. The evaluation will need to include, but not be limited to, equitable financial representation of assets and debt, cost of service equity, equitable treatment of staff and equal representation relative to governance. Written proposals from qualified firms must be received at the location as given in the submittal deadline section of this document. RFPs will be distributed electronically by the RWCC only to those prequalified firms. Questions concerning this RFP should also be directed to Mr. Terry Farrill, tfarrill@aol.com, (970) 226- 3104 extension 104 or Ms. Lisa Voytco, lvoytko@fcgov.com, (970) 221-6692. The TRI-DISTRICTS is subject to public information laws, which permit access to most records and documents. Proprietary information in proposals must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this RFP will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of the Tri-Districts or its Board of Directors, shall have a financial interest in the sale to the Tri-Districts of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the Tri-Districts. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the Tri- Districts is prohibited. The Tri-Districts reserves the right to reject any and all proposals and to waive any irregularities or informalities. The Tri-Districts anticipates selecting a qualified firm from the proposals received to complete the work based on Section III in this RFP. Additionally, the Tri-Districts reserves the right to solicit additional or revised proposals from any or all of the firms should they deem it in the best interest of the Tri-Districts. 269 of 390 4 REQUEST FOR PROPOSAL (RFP) Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins I. SCOPE OF WORK A. General Project Description The City of Fort Collins currently owns and operates the 87-mgd Fort Collins Water Treatment Facility, . The Tri-Districts own and operate the 45-mgd Soldier Canyon Filter Plant The treatment plants are located in close proximity and draw from the same water sources. The City and the Tri-Districts have certain water sharing agreements in place and are exploring the potential for some type regional cooperation of their treatment works that may bring a more efficient, long term arrangement that will benefit their customers. B. Project Activities The RWCC envisions, in general, the following phases of project activity. The Consultant, in their proposal, is encouraged to expand upon or modify the below activities based on their experience and knowledge conducting this type of analysis. Phase 1 – Foundation of Regionalization Project Consultant to focus the members of the RWCC to develop the vision of regionalization by including the goals and expectations of each Tri-Districts, with an end result of a strategic vision for this project. During this phase the Consultant shall also identify the institutional options of regionalization which shall include, at minimum, the following options: 1. Stay the same (status quo) – with existing and/or enhanced collaboration 2. Combine through agreements, but no merger of assets or governance 3. New Tri-Districts/merger/ of treatment facilities (Authority model) The Consultant is encouraged to present to the RWCC other possible regionalization options. Phase 1 Deliverable: A Technical Memorandum will be delivered to the RWCC that summarizes the activities (e.g. meetings, workshops) and evaluations of Phase 1. Phase 2 – Financial Analysis The Consultant shall provide a detailed financial analysis of, the regional options identified in Phase 1. This financial analysis shall include true life-cycle costs, including debt financing and repayment, operation and maintenance costs, reliability and redundancy capabilities of the facilities and depreciation. The analysis must also accommodate future expected costs – plant 270 of 390 5 capacity expansions, plant process changes (due to regulations or water quality), and other identified future costs. For the option of the merger/authority, there should be discussion of how merged assets would be valued and accounted for in the authority, as it may be expected that the authority will own the treatment plant assets. The analysis for this option (merger/authority) will also necessitate fair and equitable cost calculations of wholesale and/ or retail charges to the regional customers. While the completion of this task may entail some technical expertise in regards water resources, finished water quality (water from each facility should be treated to same level), and transmission of the finished water, these technical aspects are not the main focus of the analysis. There should be a future component that will project costs at present day level, then in 10 and 20 years, as it may be apparent that the options costs and benefits would change over time. No costs associated with water resource (supply) acquisition, water transmission or distribution should be included. There may be costs associated with finished water delivery that may be addressed. Phase 2 Deliverable: A Technical Memorandum will be delivered to the RWCC that summarizes the evaluations of Phase 2. Phase 3 - Strategic Implementation Plan Development The financial analysis is a large component of the overall recommendation of regionalization solution. The Consultant is to incorporate the financial aspects with the other issues in the strategic plan, keeping the initial RWCC vision intact. Strategic implementation issues include:  Operational and management activities  Governance issues  Regulatory and legal  Labor and employee issues  Organizational cultural assessment  Internal and external communication plan  Financial and rate recommendation – cost of service analysis Phase 3 Deliverables: A final report shall be delivered to the RWCC at the completion of Phase 3. This report shall summarize and incorporate information from the previous phases and make a recommendation to the RWCC on a future institutional option. C. Scheduling, Project Management and Contracting The selected Consultant shall be responsible for preparing a project schedule identifying all necessary tasks, milestones and critical path tasks. During the implementation of the project 271 of 390 6 the Consultant shall, at minimum, provide a monthly update (during all phases of their services, design through start-up) of the status of the project schedule, Consultant’s budget and tasks being worked on. The Consultant should demonstrate in its proposal its ability and methods (i.e. software to be used, means of presenting the design and status to the Tri-Districts, etc.) to properly schedule and manage the project. II. COMPENSATION Payment will be made based on the unit rates of work satisfactorily performed. The total compensation to the selected firm shall be subject to a not to exceed maximum amount. These unit rates are to be contained within the fee schedule submitted with the firm’s proposal. III. PROPOSAL SUBMITTAL Respondents must submit a technical proposal and a separate cost proposal. A. Technical Proposal 1. General Information: Name of firm, contact person for this proposal, title, phone number, fax number, e-mail address, street and mailing addresses, any previous names of firm in last ten (10) years, and date established. 2. Project Approach a. Describe the firm’s proposed method of evaluating, developing the work products, and completing the work. b. Schedule: Provide a project schedule outlining the major tasks, phases, timeframes, and milestones necessary to complete the project as proposed. 3. Key Project Staffing a. Provide an organization chart of anticipated staff (including management), with names, that will be involved in the project including subcontractors/sub consultants. b. Project responsibility descriptions of key positions (i.e., project manager, financial analyst, etc.) c. Resumes of proposed staff, if different than those proposed from the SOQ. Page limit to 1 page per resume. 4. Insurance: Provide documentation that the firm will provide insurance coverage as follows: General Liability $1,000,000 per occurrence $2,000,000 aggregate Worker’s Compensation As required by law Professional Liability $2,000,000 (with no property or damage or bodily injury exclusion) B. Cost Proposal Cost proposals shall be delivered in a separate, sealed envelope and clearly marked “Cost Proposal”. Cost proposals must include, at minimum, the information listed below. 1. Tasks and Costs: Include a cost proposal for completion of work for all phases that clearly delineates the tasks, staff skill level allocation per task, hours allocated to each staff skill 272 of 390 7 level per task, unit rates, and task subtotals for hours and cost. Cost proposals shall also show any other direct or indirect costs. 2. Hourly Rate Schedule: Include an hourly rate schedule for all staff proposed by the firm, including subcontractors, if any. IV. OTHER PROPOSAL REQUIREMENTS A. Proposal Length: Technical proposals must be limited to 20 pages maximum, appendices, exhibits, cover letters, dividers, cover sheets and figures not counted. Do not supply firm history or other generic material on the firm. Do not duplicate background material that was already presented in the SOQ. B. Proposal Submittal: 1. All hard copy proposals must be printed double sided in an 8-1/2” x 11” page format, single line spacing, 10 point font minimum size. Electronic proposal submittals must be in ‘Adobe PDF’ format. 2. Submit hard copy proposal documents in sealed packages, Technical and Cost Proposals in separate packages, labeled as follows: a. Technical Proposal: “Technical Proposal – Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins” b. Cost Proposal: “Cost Proposal – Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins” 3. Submit one (1) hard copy and one electronic (.pdf format) copy of the Technical Proposal and 8 (eight) hard copies of the Cost Proposal. V. PROPOSAL SCHEDULE: Distribution of RFP (electronically): Friday, April 19, 2013 Final Addendum Issued: Wednesday, May 1, 2013 RFP Final Questions Due: Friday, May 3, 2013 RFP Due: Monday, May 6, 2013, 12:00 Noon Short List Identified: Thursday, May 9, 2013 Interview Schedule (If Required): May 13-15, 2013 Selection Committee Recommendation: May 16, 2013 273 of 390 8 VI. SELECTION PROCESS AND CRITERIA Firms will be ranked by a Selection Committee based on the information provided in their Proposal and the selection criteria below. The Selection Committee will make a recommendation to the Tri-Districts based upon the rankings of the firms. The Tri-Districts will make the final determination of the consulting firm selected. The selection criteria are summarized below, along with the weighting factors that will be used for each of the criteria. The Selection Committee will evaluate proposals using the following factors. Criteria Weighting (%) Project scope and approach 25 Firm and staff experience with similar projects 20 Demonstrated understanding and knowledge of project needs 15 Responsiveness/Location/Intangibles 10 References 10 Schedule 10 Cost effectiveness 5 VII. CONDITIONS OF SUBMITTAL OF PROPOSALS A. Proposal Delivery Location: Written proposals from qualified Proposers must be received at the location and by the time given in the submittal deadline section of this document. B. Late Proposals: Late Proposals will not be accepted. C. Questions or Clarifications: Prospective Proposers may make inquiries concerning this RFP to obtain clarification of requirements. All inquiries must be made in writing to the person identified in the section(s) above. No inquiries will be accepted after the RFP Questions to Tri-Districts Due date noted above. All Proposer inquiries and Tri-Districts responses will be distributed to all Proposers by the Final Addendum date as noted above. D. Collusive or Sham Proposals: Any Proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature on your proposal assures that such proposal is genuine and is not a collusive or sham proposal. E. Right or Rejection of Proposals: The Tri-Districts reserves the right to reject any or all Proposals, to waive informalities and minor irregularities in Proposals received and to accept any portion of the Proposals or all items of the Proposals if deemed in the best interest of the Tri-Districts to do so. The Tri-Districts reserves the right to negotiate directly with the Consultant selected for reduced or additional project work. The Tri- Districts also reserves the right to make such inquiries regarding a Consultant’s qualifications and reputation, as it deems necessary to evaluate the proposals. F. Ownership of Submitted Material: All materials submitted to Tri-Districts in response to this RFP becomes the property of the Tri-Districts and will only be returned to the Proposer at the Tri-District’s option. Any person may review responses after the final selection has been made. The Tri-Districts reserves the right to use any or all ideas presented in any Proposer’s reply to this request. Disqualification of a Proposer does not eliminate this right. G. Cost of Proposal Preparation: The Tri-Districts is not liable for any cost incurred by the Proposers prior to issuance of an agreement, contract or purchase order. 274 of 390 9 H. Incorporation of Proposal into Contract: The contents of (or appropriate parts of) the Proposal of the successful Proposer may become contractual obligations if contractual agreement action ensues. Failure of the successful Proposer to accept these obligations in a purchase agreement, purchase order, contract, delivery order or similar acquisition instrument (together all hereinafter referred to as the “Contract”) may result in cancellation of the award and such Proposer may be removed from future solicitations. I. Ownership of Information: All information, data, documents, photos, computer records, and other materials, of any kind acquired or developed by the Consultant as part of this project shall be the property of Tri-Districts. J. Right of Termination: The Tri-Districts shall, at any time, have the right to terminate the Contract for convenience upon giving thirty (30) business days written notice to the contracted firm. Unless otherwise provided for in the Contract, in the event of early termination, the awarded firm shall be entitled to the full amount of the approved estimate of services satisfactorily completed. K. News Releases: Proposers shall make no news releases pertaining to this RFP without the express written approval of the Tri-Districts. L. Scope of Work Obligations: Contract obligations will include all work defined under the Scope of Work as found in this RFP. In addition, work not specifically called out, but indicated as provided in the proposals shall become contract obligations. M. Right to Solicit Additional Proposals: The Tri-Districts intends to select a qualified consultant to complete the work. However, the Tri-Districts reserves the right to solicit additional proposals for any or all of the work should they deem it in the best interest of the Tri-Districts. N. Award of Proposal: The Contract will be awarded to that Proposer whose Proposal, conforming to the RFP, will be the most advantageous to the Tri-Districts, price and other factors considered. O. Standard Contract Provisions: The Tri-Districts reserves the right to incorporate standard contract provisions into any contract resulting from acceptance of a Proposal submitted in response to the RFP. P. Term of Proposal: All firms that submit a Proposal will be obligated to keep their proposals in effect until the Tri-Districts has successfully exercised a contract with one of the submitting firms. 275 of 390 Regional Water Cooperation Committee Request for Proposal Regional Water Treatment Solutions for the Tri-District and City of Fort Collins Addendum 1 April 25, 2013 The technical parts of the proposals are to be submitted electronically in pdf format to Terry Farrill, tfarrill@aol.com. Only the proposed costs are to be mailed to Terry Farrill, Fort Collins – Loveland Water District, 5150 Snead Drive, Fort Collins, CO, 80525. The post mark is to be on or before the due date. Please acknowledge receipt of Addendum 1 by email to Terry Farrill. 276 of 390 Regional Water Cooperation Committee Request for Proposal Regional Water Treatment Solutions for the Tri-District and City of Fort Collins Addendum 2 April 30, 2013 Clarification was requested regarding Section VI. Selection Process and Criteria, Firm and staff experience with similar experience, page 8. The RFP does not need to duplicate the information submitted in the SOQ. The RFP needs to specifically reference the citation submitted in the SOQ (page, paragraph, etc.). Please acknowledge receipt of Addendum 2 by email to Terry Farrill tfarrill@aol.com. 277 of 390 TO BE PROVIDED AT A LATER DATE EXHIBIT B 278 of 390 DATE: July 16, 2013 STAFF: Kevin Gertig, Lance Smith AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT Resolution 2013-067 Authorizing the Mayor to Sign Additional Intergovernmental Agreements Regarding Funding of Cache La Poudre Watershed Mitigation in Response to the High Park Fire. EXECUTIVE SUMMARY The purpose of the requested Intergovernmental Agreements is to establish a mechanism to pay for contractor services administered jointly with the City of Greeley and to ensure the City of Fort Collins will receive reimbursement to the extent possible from the Federal government through the EWP funds. Fort Collins submitted to the United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”) an Application for Federal Assistance, seeking NRCS funding for Emergency Watershed Protection (EWP) the City of Fort Collins, City of Greeley, and Larimer County in July 2012. NRCS provided a Notice of Financial Assistance award for initial federal funding through the NRCS Emergency Watershed Protection program in the amount of $7.2 million in February 2013. BACKGROUND / DISCUSSION The High Park Wildfire burned 259 homes and approximately 87,000 acres of forest and private land west of Fort Collins in June – July 2012. The City of Fort Collins began immediate steps managing seeding and mulching to decrease sediment debris flows, poor water quality, and recovery planning. City staff requested and City Council approved emergency appropriation of $626,014 in August 2012. As the work continued, there was an additional appropriation of $2.0 million for further mulching and seeding efforts. In total, $1,315,724 was spent in 2012 for these efforts and $1,310,291 was encumbered for work in 2013. To date, the NRCS has reimbursed the City of Fort Collins $397,658 for the work done in 2012. Additional reimbursement is expected in 2013 once all work has been completed. It is anticipated that the City of Fort Collins Utilities could experience water quality related issues for another 2 – 8 years in the Cache la Poudre River. Staff is requesting updated intergovernmental agreements for 2013 for the purpose of mulching, slope stabilization, debris removal and tree felling activities. Fort Collins will remove debris in the Skin Gulch drainage area once permissions are granted. The main contract for mulching and tree felling will be administered together with the City of Greeley . In particular, Fort Collins will be involved in quality assurance and inspections of approximately 1600 acres of land that will be treated in 2013. FINANCIAL / ECONOMIC IMPACTS It is imperative that the City of Fort Collins takes a proactive response to help restore the Cache la Poudre watershed. Our water is essential for public health, firefighting, and maintaining the economic health of Fort Collins. Fort Collins is well known for excellent water quality which residents and businesses depend on. The High Park Fire continues to have significant financial impact to all water users of the Cache la Poudre River. The City participated in mulching and seeding of approximately 3000 acres of private land in 2012, along with the Co- Sponsors. In addition, Utility water rates were increased 4% in January 2013 in order to pay for a new Pre- Sedimentation basin and increased operation and maintenance costs associated with increased sediment in the River. The mulching and seeding work that will be done in 2013 is expected to be fully reimbursed by the NRCS through the EWP funding, although the total cost of the work has not been finalized. 279 of 390 July 16, 2013 -2- ITEM 23 ENVIRONMENTAL IMPACTS The 87,000 acre fire impacted each watershed area in the Cache la Poudre Watershed. Hydrologists have examined each area and rated the severity based on the burned area, as well as how well vegetation has grown in the spring of 2013. The environmental impacts include, but are not limited to, possible aquatic life impacts (e.g., fish and river biology), increased sediment on the River banks, which gets suspended with increased flows, growth of invasive weeds on properties, increased atmospheric dust particles due to eroded and burnt soil, increased water treatment costs, and increased costs for sampling, and site visits to impacted areas. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. PUBLIC OUTREACH Staff has been managing the public outreach for the High Park Fire since July 2012. The extensive outreach effort has focused on public awareness and education to support customers in managing the Cache la Poudre watershed. Key efforts to date are: • Media interviews • Bill inserts and City News articles • Utility website with a focus on High Park Fire • Articles in City and local newsletters, newspapers and other outlets • Speakers Bureau that has reached over 800 individuals to date both with internal and external presentations to key customer accounts, landscape contractors, restaurants and others 280 of 390 -1- RESOLUTION 2013-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO SIGN ADDITIONAL INTERGOVERNMENTAL AGREEMENTS REGARDING FUNDING OF CACHE LA POUDRE WATERSHED MITIGATION IN RESPONSE TO THE HIGH PARK FIRE WHEREAS, the High Park Fire, which began on June 9, 2012 and ended on July 11, 2012, has affected the Cache la Poudre watershed (the AWatershed@); and WHEREAS, a formal assessment of the impacts of the High Park Fire was prepared by an interagency Burned Area Emergency Response (ABAER@) team, consisting of the Natural Resources Conservation Agency (ANRCS@), Larimer County (the ACounty@), the Colorado Department of Transportation (ACDOT@) and the U.S. Forest Service (AUSFS@), and was issued on July 17, 2012 (the ABAER Report@); and WHEREAS, considering the severity of the impacts of the High Park Fire, and the resulting potential for increased soil erosion and related cumulative effects from increased peak runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded that the High Park Fire has resulted in emergency conditions for roads, recreation, water diversion infrastructure, water quality degradation, flood hazard, debris flow hazard, and road washout hazard, each of which poses a very high level of risk of major loss to human life, safety and property; and WHEREAS, in addition, the BAER Report identifies other related emergency conditions created by the High Park Fire, such as the risk related to recovery of native vegetation, and identifies a high level of risk to cultural and heritage resources; and WHEREAS, subsequent to the fire, rain events have demonstrated the negative effects of erosion in the Watershed and on the Cache la Poudre River (the APoudre River@), a key water source for the City; and WHEREAS, in view of the foregoing, there is an urgent need for the City and other entities that will experience the impacts identified in the BAER Report to act quickly to mitigate the conditions in the Watershed so as to reduce the potential for these emergency conditions and related risk to human life, safety and property; and WHEREAS, on August 21, 2012, the City Council adopted Resolution 2012-079, authorizing intergovernmental agreements with Greeley, the Districts, and NRCS to carry out certain Watershed mitigation work, and the City entered into agreements with those entities and proceeded with the initial work authorized at that time; and WHEREAS, the Watershed is largely located on land not owned by the City; consequently, it is necessary to work with federal and state agencies, the City of Greeley (AGreeley@), the Tri-Districts (Fort Collins-Loveland Water District, East Larimer County Water District, and 281 of 390 -2- North Weld County Water District) (the ADistricts@), and the County to develop an erosion mitigation plan to effectively address the negative effects of rain, erosion and sediment transport due to rain on the burn area; and WHEREAS, these Watershed mitigation efforts have been, and will continue to be, coordinated through the NRCS, which administers a program called the Emergency Watershed Protection (AEWP@) program that is designed to prescribe and facilitate recovery measures that are environmentally and financially sound; and WHEREAS, the City has worked with local, state and federal agencies to secure possible recovery funding; and WHEREAS, on September 18, 2012, the City Council adopted Resolution 2012-090, authorizing intergovernmental agreements regarding Watershed mitigation efforts, although at the time only nominal federal funding had been made available; and WHEREAS, during the intervening months, agreements were finalized with Greeley and NRCS, in accordance with the terms of Resolution 2012-090; and WHEREAS, ongoing efforts to jointly fund and support the Watershed mitigation work have continued, including additional agreements with Greeley for Watershed mitigation work to be conducted by a contractor under contract for Greeley and the City; and WHEREAS, additional funds have been made available through the EWP program, and in order to increase the federal funds available to the City, it is necessary for the City to enter into additional agreements with NRCS for the EWP program and related technical assistance (the “NRCS Agreements”); and WHEREAS, of the total funds appropriated in the Water Fund for High Park Fire mitigation work of approximately $2.6 million, approximately $1.3 million are planned to be used for work during the summer and early fall months of 2013; and WHEREAS, pursuant to the authorization in Resolution 2012-090, the City will continue to arrange for ongoing cooperation with Greeley, and in the future it is likely that additional new arrangements for continuing mitigation efforts will be needed in order to provide for efficient operation of the Watershed mitigation efforts and cooperative cost sharing with Greeley (“Mitigation IGAs”); and WHEREAS, the Mitigation IGAs will provide for the City to be responsible for no more than fifty percent of the costs associated with the Watershed mitigation work pursuant to the BAER report, and will limit the City=s total obligation for such work to no more than the funds then appropriated; and WHEREAS, to the extent practicable, all Watershed mitigation work be conducted in accordance with the requirements of the NRCS in order to ensure eligibility for federal funds, 282 of 390 -3- should such funds become available, and City staff will continue to seek opportunities for reimbursement to the City for the Watershed mitigation work it undertakes or funds; 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.; and WHEREAS, the City Council desires that the City enter into one or more NRCS Agreements and Mitigation IGAs, as described herein. NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Mayor is hereby authorized to execute the NRCS Agreements, and such amendments thereto and additional agreements with NRCS on behalf of the City, in such specific form and number consistent with the terms of this Resolution as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or further the purposes of this Resolution. Section 2. That the Mayor is hereby authorized to execute one or more Mitigation IGAs with Greeley on behalf of the City, in such specific form and number consistent with the terms of this Resolution as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or further the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 283 of 390 DATE: July 16, 2013 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT Resolution 2013-059 Making a Liaison Appointment to the Planning and Zoning Board. EXECUTIVE SUMMARY This Resolution appoints Karen Weitkunat as liaison to the Planning and Zoning Board, replacing Councilmember Gino Campana. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 284 of 390 RESOLUTION 2013-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A LIAISON APPOINTMENT TO THE PLANNING AND ZONING BOARD WHEREAS, the City Council appoints Councilmembers to serve as liaisons to the City’s boards and commissions; and WHEREAS, Resolution 2013-039 named Councilmember Gino Campana as liaison to the Planning and Zoning Board; and WHEREAS, City Council wishes to appoint a different liaison to the Planning and Zoning Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Karen Weitkunat is hereby appointed to serve as the liaison to the Planning and Zoning Board. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2013. Mayor ATTEST: City Clerk 285 of 390 DATE: July 16, 2013 STAFF: Patti Teraoka AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 25 SUBJECT Routine Easement. EXECUTIVE SUMMARY Easement for construction and maintenance of public utilities from Edwards Real Estate Holdings, LLC, to relocate existing underground electric services at 1201 Juniper. FINANCIAL IMPACTS There are no financial impacts. STAFF RECOMMENDATION Staff recommends adoption of this easement. ATTACHMENTS 1. Edwards Real Estate Holdings, LLC, Location Map. 286 of 390 287 of 390 DATE: July 16, 2013 STAFF: Laurie Kadrich, Lindsay Ex, Dan Weinheimer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 30 SUBJECT Items Relating to Oil and Gas Operations. A. First Reading of Ordinance No. 106, 2013, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins for a Period of Seven (7) Years. OR First Reading Ordinance No. 107, 2013, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins until Midnight, December 31, 2013. B. First Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include Additional Regulations for Development in Close Proximity to Oil and Gas Operations. EXECUTIVE SUMMARY The purpose of this item is two-fold: first, to establish a Moratorium on the acceptance and processing of land use applications related to oil and gas until either December of 2013 or for a period of 7 years and second, to establish requirements for proposed residential developments in close proximity to existing oil and gas operations. Item #1 - Moratorium: Ordinance No. 145, 2012, established a Moratorium on the acceptance or processing of land use applications, permit applications, and other applications seeking approval to conduct Oil and Gas Extraction or related operations within the city or on City-owned lands. Council has determined that the seven (7) months established by Ordinance No. 145, 2012, as the duration of the moratorium is insufficient for City staff and City Council to determine the extent to which oil and gas uses may be locally regulated and to properly investigate, develop, and, if appropriate, adopt and implement any additional local regulations related to oil and gas uses in the City in order to protect and preserve the public’s health, safety and welfare. As the Moratorium established by Ordinance No. 145 expires on July 31, 2013, Council will determine whether to establish a moratorium until December 31, 2013 or for seven (7) years. Item #2 - Regulations for Residential Developments in close proximity to existing Oil and Gas Operations: On May 21, 2013, Council adopted the Operator Agreement with the only existing oil and gas operator, Prospect Energy, that requires stringent public health and safety measures be taken during both existing and planned operations within the City of Fort Collins. Neither this agreement nor state regulations address how proposed residential development must respond to existing oil and gas operations. The Land Use Code (LUC) currently contains buffer standards for proposed residential developments within fifty feet (50’) of existing industrial land uses. In order to better buffer proposed residential developments from existing oil and gas operations, the proposed LUC amendments establish a tiered approach to requirements for new residential developments in close proximity to oil and gas operations. Disclosure to future residents is required for any proposed oil and gas development within one thousand feet (1,000’) of an existing operation. If the development is proposed to be closer than five hundred feet (500’) of an existing oil and gas operation, additional screening and protection measures are required. If the subdivision is proposed to be less than three hundred fifty feet (350’) from an existing operation, a Modification of Standard would be required. 288 of 390 July 16, 2013 -2- ITEM 30 BACKGROUND / DISCUSSION Item #1 – Moratorium Local governments have considered the use of moratoriums to postpone new oil and gas operations within their jurisdictions, citing the need to craft and adopt local land use regulations. Council adopted such a moratorium on December 18, 2012. While much work was completed during the first seven (7) months of the moratorium, Council requested that staff prepare an extension of Ordinance No. 145, 2012. Staff suggests the following two options be considered: Option #1 Impose a new seven-year moratorium in order to better determine the potential health impacts of various aspects of oil and gas operations and incorporate any findings into local regulations. The moratorium would apply to Prospect Energy as well as all other operators. City-owned lands outside the city limits would be excluded. Option #2 Impose a moratorium until December 31, 2013 in order to re-evaluate Land Use Code (LUC) changes, engage the community in the LUC options, and codify any recommendations. City-owned lands outside the City limits would be excluded, and Prospect Energy would be exempt from the moratorium as long as it operates in accordance with the Operator Agreement approved by the Council by resolution on May 21, 2013. Note: The current moratorium, established by Ordinance No. 145, 2012, will expire July 31, 2013 at midnight. However, the City Code prohibiting hydraulic fracturing would still be in place so any new drilling activity (except for Prospect Energy) would need to secure an operator agreement with the City due to the likelihood that hydraulic fracturing would be used in the drilling process. As highlighted during the June 25, 2013 Work Session (Attachment 1), a great deal of work was completed in developing appropriate regulations to minimize any adverse impacts that oil and gas exploration and extraction may have on the health, safety, and welfare of the City and its citizens including the following: • Staff testimony was given to the Colorado Oil and Gas Conservation Commission (COGCC) rule-making process resulting in greater set-backs from residential areas and water quality monitoring and sampling requirements. While the water quality rules went into effect in May, the setback rules are effective August 1, 2013 and can now be incorporated into Land Use Code amendments. • Local regulations were adopted by Council to prohibit the use hydraulic fracturing in the City limits and the permanent storage of waste products associated with hydraulic fracturing. • Extensive research into best management practices were incorporated into an operator agreement with the only local operator (Prospect Energy) resulting in greater health and safety protections for the residents of Fort Collins. • Staff is addressing citizen concerns by preparing a draft Ordinance for Council consideration scheduled for the July 2, 2013 meeting to enact reciprocal set-backs and buffering requirements for proposed residential developments in close proximity to existing oil and gas operation. The proposed Ordinance also contains disclosure, fencing and screening requirements. • Additional work is needed to incorporate the best management practices, updated COGCC regulations and other research into zoning and land use regulations. Attachment 2 provides a more detailed update of the work requested by Council during the time of the moratorium and the work completed. 289 of 390 July 16, 2013 -3- ITEM 30 Oil and Gas and Property Values While the state has proposed to study the health effects of oil and gas development, a few studies have also examined the effects of oil and gas development on property values. Staff is aware of a few studies related to oil and gas development and property values: • In one study, negative effects on rural residential property values in Alberta, Canada were found at up to 4 km from the gas development based on presence of sour gas wells and flaring (Boxall et al. 2005, available at http://www.sciencedirect.com/science/article/pii/S0928765505000084). • A second, unpublished Canadian study examined the effect of sour gas activity on rural residential properties (between 1 and 40 acres in size) using econometric models and found that as the density of oil and gas wells increased, property values could be negatively impacted by up to 10 percent within 4 km of the development (Molik et al. 2003, available at http://www.ekcbm.org/files/Property_Value_Study_0.pdf). • A working paper prepared by BBC Research and Consulting in La Plata County presents results of a modelling effort to evaluate how property values are impacted by proximity to coalbed methane wells. The study indicated that the overall area studied had a less than 1% decrease in sales price (2001, available at http://tinyurl.com/n7nh93u). • Finally, a recent article in KUNC suggested that agricultural property values in Weld County have increased 18 percent from the prior year (http://tinyurl.com/led535j). Note: the Canadian studies and the property values from Weld County were focused on gas development and the La Plata study was focused on coalbed methane. Staff could find no studies that discussed the impacts of oil development on property values, which is what is produced in the Fort Collins Field. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation Oil and gas production is currently limited to the Fort Collins Field (Attachment 3), located in the northeast portion of the city. The Fort Collins Field is regulated by the Colorado Oil and Gas Conservation Commission (COGCC) and the recently adopted Operator Agreement between the City and Prospect Energy. The Fort Collins Field has been in production since about 1924. Initially, the Field existed outside Fort Collins city limits and portions of the Field were annexed into city limits, beginning in 1984 (County Club North Annexation). Prospect Energy has been the owner and operator of the Fort Collins Field since approximately 2009. As the city has developed within the boundaries of its Growth Management Area, residential development has occurred around the field. The Land Use Code, the City’s adopted set of standards for regulating land development, contains provisions for residential developments adjacent to existing industrial land uses (Section 3.8.26 of the Land Use Code). These standards are designed to minimize impacts of industrial uses on future residents by providing landscaping, fencing, or other screening options to better separate these land uses. Many citizens have expressed concerns about oil and gas activity in Fort Collins. Some of the concerns expressed reflect a concern about living near oil and gas operations. Currently, the buffer requirements for oil and gas operations are contained within the definition for resource extraction. These standards require screening between the residential development and the operation to separate the land uses. The closer the development is proposed to the industrial use, the more screening is required. The proposed Land Use Code amendments create separate definitions for resource extraction and oil and gas operations. The proposed buffer standards for oil and gas operations (Buffer Yard D) would include the following requirements: • If the subdivision is proposed within one thousand feet (500-1,000') of an existing operation: N Disclosure shall be provided to future residents of the subdivision. The purpose of the disclosure is to inform future residents of the existing operation, the potential hazards associated with the operation, and contact information for the oil and gas operator. 290 of 390 July 16, 2013 -4- ITEM 30 • If the subdivision is proposed within three hundred fifty to five hundred feet (350-500') of an existing operation: N If it does not already exist, fencing must be erected between the development and the operation to restrict public access, and N Landscaping, berming, or installation of a wall to aesthetically screen the operation from the future residents shall be provided. • If the subdivision is proposed to be less than three hundred fifty feet (350') from an existing operation: N A Modification of Standard would be required. The applicant would need to demonstrate that the proposed residential development is not detrimental to the public good and that, for example, it is equal to or better than a proposed plan that would comply with the standard (for additional criteria, see Section 2.8.2(H) of the Land Use Code). A map of the areas in the city that could be affected by these proposed changes is attached to this agenda item summary (see Attachment 4). FINANCIAL / ECONOMIC IMPACTS Item #1 – Moratorium: The financial and economic impacts of an oil and gas moratorium were outlined in previous Council Agenda Item Summaries, e.g., the AIS from the December 4 and December 18, 2012 meetings. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation: Increasing the setbacks between proposed residential developments and existing oil and gas operations further minimizes the potential risks of these two land uses in close proximity. However, the financial impacts of amending the Land Use Code include the potential for reduced developable land on property owners. The disclosure requirements are consistent with other City requirements, e.g., radon disclosure, and would not have significant financial ramifications. The aesthetic and fencing improvements could add cost to the project’s development; however, these improvements may also increase property values for the future residents and therefore make the lots or homes more desirable. ENVIRONMENTAL IMPACTS Item #1 – Moratorium: The financial and economic impacts of an oil and gas moratorium were outlined in previous Council Agenda Item Summaries, e.g., the AIS from the December 4 and December 18, 2012 meetings. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation: Increasing the setbacks between proposed residential developments and existing oil and gas operations reduces the risks for future residents living in close proximity to oil and gas operations. The disclosure requirement ensures future residents are informed of the potential risks association with the oil and gas operation. STAFF RECOMMENDATION Item #1 – Moratorium: If Council extends the moratorium, Staff recommends Option #2 to extend the moratorium until December 31, 2013. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation: Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board unanimously (5-0) recommended approval of the Land Use Code amendments regarding reciprocal setbacks and buffering requirements during its November 1, 2012 meeting (Attachment 5). These amendments were discussed within the broader context of Land Use Code regulations for oil and gas. 291 of 390 July 16, 2013 -5- ITEM 30 PUBLIC OUTREACH Staff has facilitated public discussion of the proposed amendments within the broader oil and gas issue since 2012. For a specific outline of these outreach efforts, please see the Agenda Item Summary from the December 4, 2012 Regular Meeting. Three pending residential developments would be affected by the proposed regulations. Staff has discussed the proposed regulations with all three developers. Staff has also contacted the Chamber of Commerce and the Board of Realtors to discuss the proposed changes. A meeting is scheduled with the Chamber’s Legislative Affairs Committee on July 19 to discuss the proposed regulations and to provide an overall update on oil and gas issues within the city. ATTACHMENTS 1. Work Session Summary – June 25, 2013 2. Work Session AIS – June 25, 2013 (without attachments) 3. Vicinity Map 4. Potentially Affected Areas by the Proposed Standards 5. Planning and Zoning Board – November 1, 2012 Meeting Minutes 6. Powerpoint Presentation 292 of 390 ATTACHMENT 1 293 of 390 294 of 390 COPY COPY COPY ATTACHMENT 2 DATE: June 25, 2013 STAFF: Laurie Kadrich Dan Weinheimer Pre-taped staff presentation: none WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Oil and Gas Regulations Follow Up. EXECUTIVE SUMMARY Council requested staff follow up on a number of issues raised regarding oil and gas regulations, including the preparation of an extension of Ordinance No. 145, 2012. Ordinance No. 145, 2012 established a Moratorium on the acceptance or processing of land use applications, permit applications, and other applications seeking approval to conduct Oil and Gas Extraction or related operations within the city or on City-owned lands. Council further requested a detailed analysis of the Operator Agreement approved with Prospect Energy to determine where local requirements exceed state or federal guidelines. Council asked for a timeline to be developed outlining the Initiative process started by “Citizens for a Healthy Fort Collins”. The purpose of this work session is to discuss whether Council supports a formal consideration to extend Ordinance No. 145, 2012, and if so, which option(s) should be prepared for a Council meeting. An additional purpose is to consider what, if any, additional monitoring and/or inspections are needed, now that an Operator Agreement has been approved with Prospect Energy. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council support formal consideration to extend Ordinance No. 145, 2012? If so, which option(s) should staff prepare for a Council meeting? 2. Does the Council support moving ahead with any of the monitoring and/or added inspection options? If so, should staff prepare a more detailed scope of work and budget for those options? BACKGROUND / DISCUSSION PART ONE Moratorium Discussion Council requested that staff prepare an extension of Ordinance No. 145, 2012. Staff suggests the following two options be considered: 295 of 390 COPY COPY COPY June 25, 2013 Page 2 • Option #1 Extend the moratorium by five (5) to seven (7) years and apply the extension to Prospect Energy in order to better determine the potential health impacts of various aspects of oil and gas operations. Exclude City-owned lands outside the City limits. • Option #2 Extend the moratorium to December 31, 2013 in order to re-evaluate Land Use Code (LUC) changes, engage the community in the LUC options, and codify any recommendations. Exclude City-owned lands outside the City limits. Note: If neither option is selected, the moratorium will expire July 31, 2013 at midnight. However, the City Code prohibiting hydraulic fracturing would still be in place so any new drilling activity (except for Prospect Energy) would need to secure an operator agreement with the city due to the likelihood that hydraulic fracturing would be used in the drilling process. Much work has been completed in developing appropriate regulations to minimize any adverse impacts that oil and gas exploration and extraction may have on the health, safety, and welfare of the City and its citizens including the following: • Staff testimony was given to the Colorado Oil and Gas Conservation Commission (COGCC) rule-making process, resulting in greater set-backs from residential areas and water quality monitoring and sampling requirements. While the water quality rules went into effect in May, the setback rules are effective August 1, 2013 and can now be incorporated into Land Use Code amendments. • Local regulations were adopted by Council to prohibit the use hydraulic fracturing in the City limits and the permanent storage of waste products associated with hydraulic fracturing. • Extensive research into best management practices was incorporated into an operator agreement with the only local operator (Prospect Energy), resulting in greater health and safety protections for the residents of Fort Collins. • Staff is addressing citizen concerns by preparing a draft Ordinance for Council consideration, scheduled for the July 2, 2013 meeting, to enact reciprocal set-backs and buffering requirements for proposed residential developments in close proximity to existing oil and gas operation. The proposed Ordinance also contains disclosure, fencing and screening requirements. • Additional work is needed to incorporate the best management practices, updated COGCC regulations and other research into zoning and land use regulations. Part Two of this staff report provides a more detailed update of the work requested by Council during the time of the moratorium and the work completed. 296 of 390 COPY COPY COPY June 25, 2013 Page 3 Monitoring and Inspection Discussion 1. Staff suggests that if additional monitoring and inspection are implemented it be done in stages. The first stage should be limited to the Fort Collins Field since that is where current production is and where expansion is likely to occur first. Staff provides the following options (see Attachment 1 for details) for consideration in the Fort Collins Field either separately or in combination: • Site assessment for water and air quality to establish current conditions N Estimated cost: $35,000 • Short or long-term air quality monitoring N Short-term estimated cost: $150,000 initial; $50,000 annually N Long-term estimated cost: $200,000-500,000 initial; $75,000-200,000 annually • A review of waste management practices N Estimated cost: $10,000-$15,000 • An inspection of the existing field for compliance with the Operator Agreement. N Estimated cost: $5,000-$10,000 • A third party contractor be placed on “retainer” to act as the City’s representative for the following: a. Visiting the site when the operator voluntarily calls to allow observation of certain activities; b. Accompany state inspectors on routine inspections; c. Be the City’s on-site representative for any emergence response actions. N Estimated cost: $200-500 per hour; costs for four (4) annual inspections would be $8,000 to $20,000. 2. Council directed staff to complete a thorough comparison of Prospect Energy’s Operator Agreement with state and federal regulations and/or guidelines to determine which Best Management Practices (BMPs) required by the Agreement meet or exceed other agencies requirements. The agreement contains forty-eight (48) general BMP requirements and exceeds state and federal guidelines in fifty-nine (59) areas. Twenty-two (22) of the guidelines that exceeded are in air quality standards. See Attachment 2 for details. Citizens for a Healthy Fort Collins timeline Council further directed staff to prepare a timeline for the effort by “Citizens for Healthy Fort Collins” – see Attachment 3, prepared by the City Clerk’s office. 297 of 390 COPY COPY COPY June 25, 2013 Page 4 PART TWO On December 18, 2012, Council adopted Ordinance No. 145, 2012, requesting staff to complete the work outlined below during the moratorium. The following is a summary of the work completed thus far. City Council direction for additional work during moratorium 1. Monitor the Colorado Oil and Gas Conservation Commission’s rulemaking process, as described above. Present City Council recommendations during the rulemaking process. Incorporate, as needed, any changes into proposed Land Use Code (LUC) amendments. Results Council’s recommendations were presented, although not adopted, (see details below). The Land Use Code (LUC) amendments are not completed. After nearly a year of stakeholder meetings, the Colorado Oil and Gas Conservation Commission (COGCC) undertook rulemaking hearings on groundwater quality sampling and setbacks from November 2012 through January 2013. Fort Collins established party status for both rulemaking topics and submitted comments and testimony during the development of the new rules. The setback proceedings culminated with implementation of several measures aimed at mitigating the conflicts between oil and gas encroaching into more urban parts of Colorado. Among the steps taken was extending the distance a new well can be from a home, requiring meetings with affected property owners, giving local governments the option to have more time to comment on permit applications, and inclusion of nuisance mitigation measures. The COGCC implemented a uniform statewide standard of a 500 foot buffer between new oil and gas wells and existing homes. COGCC also established a 1,000-foot buffer zone where additional standards apply to any operator trying to drill within 1,000 feet from an existing home. Within this zone, operators must first appear for a hearing before the COGCC. Operators also must engage in expanded outreach efforts with nearby residents and take enhanced measures to minimize disruptions for all structures near a drilling rig. The setback rules go into effect August 1, 2013. Water sampling rules went into effect May 1, 2013 and require operators to sample up to four water wells within a half mile of a new oil and natural gas well prior to drilling, take two more samples each between six and 12 months of drilling, and conduct additional sampling five to six years after drilling has been completed. 2. Monitor COGCC and present City Council recommendations to any relevant bills considered during the 2013 State of Colorado Legislative Session, especially as any further legislation is considered related to air or water quality. Results During the 2013 General Assembly session, at least ten bills were introduced that would have increased regulations on the oil and gas industry. Only two of these bills were approved by the Assembly and signed into law by the Governor. The requirements of these bills are as follows: 298 of 390 COPY COPY COPY June 25, 2013 Page 5 • HB13-1278 - Requires operators to notify state regulators and communities when there are spills of at least one (1) barrel of liquid. The prior threshold for reporting was five (5) barrels spilled. • SB13-202 - Directs the Colorado Oil and Gas Conservation Commission to develop a plan for risk-based inspections and to then pilot this strategy. A risk-based inspection regime would focus regulatory efforts on processes or operations that carry the most risk of a spill or hazard. 3. Develop maps that address the following: • Identify the geological formations present within the City and the Growth Management Area. • Identify the locations of oil and shale gas deposits including the various formations • Map the locations of all wells within those areas and locations currently seeking permits to drill and include mineral ownership information where available. • Visually extend the setback criteria into the Growth Management Area. • Identify areas currently exempt from drilling, and areas that would be exempt if additional setback criteria were adopted by the COGCC. Results Partially completed. Staff found that the State Geologist and other publicly available maps did not include the area near Fort Collins. Experts at Colorado State University explained this discrepancy was because of the low likelihood of oil and gas activity in or immediately adjacent to Fort Collins. 4. Evaluate the impact of proposed regulations on existing and future oil and gas operations and consider code amendments as needed for addressing the differences in oil extraction compared to gas or methane production. Staff should specifically consider whether soil gas testing is needed for both. Results Not completed. 5. Update the Best Practice Matrix dated August 27, 2012 to include LUC Option A and B as well as more specific information on street maintenance, financial consequences, local impact fee, cultural resources, reclamation, and water source disclosure. Results Completed. 6. Propose an intergovernmental agreement with Larimer County that ensures any oil and gas activity within the GMA would be considered new development and as such annexed into the city and permitted under the city’s development process. 299 of 390 COPY COPY COPY June 25, 2013 Page 6 Results Provided Larimer County with a copy of the approved Operator Agreement and invited further discussion regarding implementation. 7. Negotiate and present a proposal for adopting an operator agreement with Prospect Energy, the owner and operator of the Fort Collins Field. Results Completed. 8. Re-engage the boards and stakeholder groups and seek their recommendations regarding the proposed LUC amendments (Option A or B). Results: Not completed. 9. Provide additional information regarding surface use agreements, especially as the agreement relates to habitat fragmentation and restoration; include examples. Results The Natural Areas Department is developing a model surface use agreement that includes strict requirements relating to habitat fragmentation and restoration. 10. Identify areas that may be considered for a Designated Outside Activity Area, and have setbacks from oil and gas activities in alignment with High Density Area setbacks. Results None identified under current COGCC definitions. ATTACHMENTS 1. Monitoring and Inspection details 2. Operator Agreement Comparison Graph; State & Federal 3. Timeline for “Citizens for a Healthy Fort Collins” 4. Powerpoint presentation 300 of 390 Collins Fort Field Undeveloped Acreage Prospect City of Energy Fort Oil/Collins Gas Fields CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 12, 2013 0 1 2 3 4Miles © Fort Collins Field Undeveloped Acreage City of Fort Collins Growth Management Area ATTACHMENT 3 301 of 390 # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## # # # # # # # # # # # # ## # Brightwater Crossing Lind Maple Hill n Pheasant Ridge Hearthfire Water's Edge Richard's Lake Collins Fort Field ervoir er Long Pond R ichard's Lake Douglas Rd Turnberry Rd Oil/Gas Field Residential City of Development Fort Collins Restriction Zones CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT Planning and Zoning Special Hearing Board Minutes November 1, 2012 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 6:07 p.m. Roll Call: Campana, Carpenter, Schmidt, Smith, and Stockover Excused Absence: Kirkpatrick and Hatfield Staff Present: Kadrich, Eckman, Ex, Weinheimer, Pierce, Webb, and Sanchez-Sprague Agenda Review CDNS Director Laurie Kadrich reviewed the agenda. Citizen participation: None Chair Smith asked if any member of the audience, the Board or staff wanted to pull an item from consent. No one did. Consent Agenda: None Discussion Agenda: 1. Proposed Land Use Code Regulation for Local Oil and Gas Development _______ Project: Proposed Land Use Code Regulation for Local Oil and Gas Development Project Description: This is a request for the Board to consider making a recommendation to City Council to update its land use regulations concerning oil and gas exploration and develop options for mitigating impacts upon the community. Hearing Testimony, Written Comments and Other Evidence CDNS Director Laurie Kadrich said the City of Fort Collins staff is in the process of reviewing and updating its land use regulations concerning oil and gas exploration and developing options for mitigating impacts upon the community. The City’s goal is to develop strategies and tools that best reflect Fort 303 of 390 Collins’ community values. In order to accomplish the best outcome, staff has engaged residents through an extensive public engagement process, including boards and commissions and the formation of an advisory committee, composed of representatives from eight City Boards and Commissions, to assist in developing regulations that reflect community values. Staff would like to know: Does P&Z recommend the adoption of the proposed standards for oil and gas operations? Does P&Z recommend the adoption of a dual track (Standard vs. Expedited Review) for oil and gas operations? Their presentation included information on current activity, existing and proposed framework for oil and gas, outreach and feedback, discussion, and next steps. Currently, oil and gas operations are addressed by federal and state regulations and the City of Fort Collins Land Use Code (LUC) Section 3.8.14 (if a use is preempted, it shall be allowed. It is subject to a Type 2 (Planning and Zoning Board) review. At a federal level, existing regulations are: Clean Air Act, Clean Water Act, Resource and Recovery Act, Safe Drinking Water Act, Threatened and Endangered Species Act. Currently, the mechanisms to influence oil and gas operations have been to engage in stakeholder processes related to the development of federal laws and regulations. At a state level, regulation comes from the Colorado Oil and Gas Conservation Commission (COGCC). They oversee oil and gas operations in the state. It is composed of a seven-member board and has 17 inspectors for over 49,000 wells in Colorado. Area of COGCC staff expertise includes geochemistry, hydrology and geology. Additionally, the Colorado Department of Public Health and the Environment (CDPHE), Water Quality Control Division (WQCD) respond to spills, impacts to surface water and the Air Pollution Control Division (APCD) monitor air quality after well completion. The Division of Parks and Wildlife (DPW) can be engaged in permit review for sensitive habitat and species. State regulations address: comprehensive drilling plans; setbacks; noise, dust, and lighting; habitat and wildlife protection; safety, spill remediation and site reclamation; setback and water quality regulations currently under review. Currently, the mechanisms to influence oil and gas operations are: engage in stakeholder processes, local government designee, legislative advocacy, intergovernmental agreement, and designated outside activity areas. Regionally, mechanisms to influence oil and gas operations have been: local government designee, legislative advocacy, and intergovernmental agreements which obtain inspection authority and provide an opportunity to partner regionally for air and water quality monitoring. Locally, staff recommends the mechanisms to influence oil and gas operations are: local government designee, intergovernmental agreements, operator dialogue, regulatory options, designated outside activity areas, and maintain connections with researchers. Options to consider are: operator agreements (construct a single agreement for all operations within the City). It would require approval by City Council and must outline public process such as notice for activities and neighborhood meetings. It addresses similar standards in expedited review and a surface use agreement will be required if on City land. Option 2 is the development review track. It would require the development review for each new operation either by the standard or expedited review process. The standard review process is a public process with written comments with site specific goal based standards, neighborhood meeting, public hearing, and Planning and Zoning Board approval. The expedited review process is a public process with prescriptive standards for which a project must qualify and CDNS Director’ review and approval. This option, in staff’s view, includes proposed regulations in the area of air quality, water quality, natural resource protection, compatibility, transportation, emergency response, and additional concerns, e.g., noise and lighting. 304 of 390 Staff outlined the differences between the standard and expedited review process for air and water quality, natural resources, emergency response, transportation, and additional regulations (noise, lighting, weed control, spills, and abandoned and ‘plugged’ wells). They described their outreach and feedback process which included: researched what other communities are doing and working with them on partnering opportunities through intergovernmental agreements and shared inspection authority and monitoring. Staff said they met with COGCC staff and local stakeholders. They formed an Advisory Committee made up of members from the Water Board, Energy Board, Air Quality Board, Parks and Recreation Board, Planning and Zoning Board, Economic Advisory Commission, Natural Resources Advisory Board, and Land Conservation and Stewardship Board. Their work focused on water quality, air quality, emergency services, and fees and finances. Outside the Advisory Committee, all affected city boards discussed the proposal and are generally in support of the dual track. Staff reviewed next steps with include consideration by City Council at their December 4 and 18 meetings and the proposal that, if adopted, they would check in with the Planning and Zoning Board at regular intervals on proposed changes to the LUC to ensure regulations are up-to-date. Staff said the Advisory Committee at their November 14 rulemaking meeting will be reviewing setback for new well sites. Under consideration are potential drilling areas (Zones 1, 2 and 3) based on high density setbacks. The proposed setbacks by zone are: Zone 1 – within 350 feet from wellhead/equipment, Zone 2 – from 350 to 700 feet, Zone 3 – from 700 to 1,200 feet. Other setbacks are except as modified, minimum setbacks from buildings, public roads, major above ground utility lines or railroads to be increased from 150 to 200 feet and designated outdoor activity areas will be maintained – 350 foot minimum from approved site. Rules will include notice requirements, comment period and mitigation measure requirements. Staff said in the area of statewide groundwater sampling and monitoring, they collect initial groundwater samples prior to beginning construction at the two closest water wells, springs, or surface water and within 1 mile of proposed location. A new sampling event is required if drilling is delayed one year or more of site construction or if a well is re-stimulated one year or more after the initial sample is taken. Follow-up sampling events are conducted between 12 and 18 months after initial sampling at the time of final site reclamation. It may also be required due to changes in water quality documented by analytical data and at the Director’s discretion in response to complaints from water well owners. Test results will be provided to the well owner and to the COGCC (and posted on website). Staff asked the Planning and Zoning Board to recommend to City Council the adoption of the proposed standards as related to the LUC. They also asked if the board supported the dual track process of standard and expedited review process options. Chair Smith said the board is really focused on the land use components of the proposal. He said staff did a good job of presenting the various layers of regulations that occur in this industry and while we all have strong feelings about the topic, there is a very limited slice that is in the purview of this board. That doesn’t mean they don’t care. He said he thinks the board has done a very good job over the years in being able to be effective within their purview. Chair Smith said this is a legal hearing and he asked that everyone act appropriately. He will moderate the meeting for decorum, tone, and civility so along those lines he asked the audience not to cheer, jeer, or applaud. He said after the completion of public testimony, staff will have a chance to clarify. 305 of 390 Public Input Bob Osmundson, 1413 Cactus Ct, said he had worked 35 years with the same oil and gas company and sixteen of those years were as a public affairs officer for various western states. He said if there had been a problem, he would have heard about it. He said the industry would like to have one source of government regulations and that the State of Colorado has some of the most strenuous regulations in the nation. They protect our communities, our health and our environment. He asked that we please not over-regulate. He asked that we don’t make it difficult for business to flourish. He said Erie and Windsor have operating agreements and with them their community needs are met. Bill Jenkins, 710 Mathews Street, said he’d like to acknowledge staff’s efforts to find a way to play between potential conflicts with COGCC and the unknown health issues that are out there. He agrees with the written comments submitted by from the Clean Water Action group of the Poudre Canyon Sierra Club. He thinks each well should be scrutinized because there is so much potential for problems. He said Fort Collins has its own value system in terms of environment and health separate from what the COGCC has established for the rest of the state. He also thinks there should be some type of bonding situation where if anything comes up – concrete casing fails or blow-out; there should be some kind of operator financial responsibility. They need to be accountable. Delores Williams, 415 Mason Court, said she appreciates all the work done by staff. She thinks there should only be the expedited process because we’re a first class city and we have the air conversions. We have what some other places don’t have like prevailing winds. She asked how we are going to handle illnesses if nearby residents become ill. She said we are in a desert and each well uses between 1 and 5 million gallons of water. Are we doing away with agriculture? She’s concerned about its effect on global warming. She asked the board to consider the health of their constituents. Nancy York, 130 South Whitcomb, said she too wants to thank staff for their diligence. She thinks all of us are together in wanting to protect the health and environment. She noted that there’s more to come— more definition and more moderation. Her advice is to go for the most stringent possibilities. If it needs to be modified later, we can do that later. She agrees each well require an operator agreement and that there should be time constraints (not abandon it for a while). She thinks public notification should be a given. She thinks there should be baseline monitoring of the soil, water and air for all drilling. There should be full disclosure of the chemicals and the various ‘ingredients’ that go into the fracking method. Leo Bucilato, 2238 Iroquois Drive, said he attended the work session as well as this hearing. He thinks it’s outrageous not so much what was said but what was omitted. There was no mention of the chemicals leaking into the aquifers or the method by which aquifers could be poisoned. In fact, there was no mention of aquifers. There was no mention of negative effects of fracking nor of the potential for negative effects of fracking. He said the ‘fast track’ excludes public hearing—that will disempower the public. He said the ‘fast track’ allows for exemptions or waivers of requirements. Why in this meeting was there no mention of the waivers? In fact, one person has the power to grant waivers to the oil and gas industry—the Director of the CDNS. He said the ‘fast track’ allows the operator to do testing on their own. What are we supposed to do, trust them? He asked why doesn’t the city do it themself or pay a third party to do the testing. It’s difficult for him to understand; he thinks there’s a lot more to be said. Devin Hirning, a southeast Fort Collins resident, said he sent some correspondence to the staff contact at fcgov.com/oilandgas. He said he’s a much better writer than speaker and asked the board to consider his comments. He did want to thank staff because he thinks they’ve made extraordinary efforts. He doesn’t think their proposal is strict enough. He’s put forth ideas in the letter he’s submitted. He thinks the Board asks great questions. He does want to highlight some information circulated by the industry that was looking for people to come to tonight’s meeting to characterize people who offer local support. He has spoken on many occasions on issues that affect residents of southeast Fort Collins. He did want to highlight how much the extraction process has cost the public and read a portion of his letter – ‘ Texas 306 of 390 has more than 7,800 orphaned oil and gas wells – wells that were never properly closed and whose owners, in many cases, no longer exist as functioning business entities. These wells pose a continual threat of groundwater pollution and have cost the state of Texas more than $247 million to plug.’ He said there are other references. He asked who is going to pay the cost when the industry has come and gone from Fort Collins. He referenced a quote by Headwaters Economics that stated: ‘Some argue that Colorado’s low tax rate and incentives must be retained, or drilling activity will move to neighboring states. Despite these warnings, the academic literature shows that taxes are largely irrelevant to total oil production. Chiefly, the oil industry is a resource dependent industry and cannot move the location of production, like a textile mill or auto manufacturer, to seek out lower labor costs or to win greater tax concessions. According to the American Petroleum Institute, US based oil and gas companies must structure their operations and invest substantial capital where the resource is found rather than where the best tax regime is located.’ He asked that they pay for any situation they create. Tom Hoehn, 281 S. Washington, said he’d like to express his great alarm about the known risks to our health and water from the natural gas industry due to hydro fracking. He’s personally spoken to people in Garfield County and he’s learned about the consequences to their personal health, property values, and water. That has only increased his concern. He’d like to request the board take a stand to protect the health of the citizens and the water of Fort Collins by passing a single mandatory regulation combining both the expedited and standard review by city staff. He’d still like to the board review and he’d still like to have a vote and public input. He also requests that no city water be sold, leased, or rented to oil and gas companies. He requests that the companies operating within city limits be required to disclose all chemicals (both produced by and used) in the entire drilling and fracking processes. Rose Lew, 2014 Westview Road, said she’s been in Fort Collins for 15 years and she’s here both as a concerned citizen and as a professional. She has graduate degrees in environmental science and public health. She worked for 12 years with the US Environmental Protection agency—10 years in DC, 2 years in Denver. She helped developed guidelines on groundwater protection and then reviewed state groundwater protection programs as well as well-head protection area programs. She provided technical assistance to local governments. She is very concerned about fracking. She thinks government and business should be conducted as if we were in a fish bowl. She thinks the problems with fracking started in 2005 and 2006 when Dick Cheney created the national energy policy written by and for the oil and gas industry without any other interests represented. That exempted fracking from at least eight national environmental and health & safety laws. We don’t have all those protections we had up to 2006. Lew said she sees the very excellent and thorough work of staff but some of the things she’s concerned about are the lack of maps of the aquifer system in the area and the relationship of existing or planned wells to the aquifer system. She hasn’t seen any maps of what areas are vulnerable to being taken over because it’s the oil and gas companies that own the mineral rights. She has seen anything that addresses cumulative impacts (air, water quality/quantity) of these wells. Becky Boutz said she lives in Laporte. She said air and water pollution do not stop at the borders of the city. Basically she doesn’t think this technology is safe. She thinks the state is turning a blind eye. She thinks we’re caught in the middle. She wishes we can work together to pressure the state. She believes they have dollar signs in their eyes—they see jobs and revenue stream. She’s seeing increased costs for her health care. She’s also concerned about an early death sentence. She said there are cumulative health effects and we are being a little short sighted. She said everyone is giving feedback that there are adverse impacts and nobody is listening. Drilling is going forward. She spoke of individuals with asthma and cancer right where all the drilling is happening. There will be huge truck traffic—there’s potential for doubling our air pollution. She said well casings fail immediately in 6% of the cases. She said 50-75% of them fail over the life cycle of the well. It’s not safe and together she thinks we should ban it. Rudy Ziti, 1626 Fantail Ct, said he completely understands differences in issues that are partisan. He said this is not a partisan issue. We can agree on one thing. We need energy. Energy development is 307 of 390 vital to our community. He said Colorado has the most comprehensive regulations in the nation and they make sure that energy development happens in a responsible way that protects citizens and our beautiful state. He said fracking itself has been around since 1949. Perhaps there have been some accidents but he thinks it’s all about balance. He encouraged the board to say yes to good jobs, citizen engagement, and energy independence and no to unnecessary regulations. Chris Gabbar, 6321 Treestead Rd, said she’s lived in Fort Collins for 25 years. She’s here to beg the board not to sacrifice our beautiful city to the oil industry. She wonders how hydraulic fracking will benefit Fort Collins. She said hydraulic fracking is a relatively new technology and there are many questions. We’re living through the modern day equivalent of the gold rush with the oil industry racing to extract natural gas at maximum speed. She said ‘bust’ may be the end result. She said natural gas is mostly methane and it’s 100 times more powerful than CO2 in contributing to the ozone layer. If it’s safe, why is the practice exempt from the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, and other acts? There’s potential threat to local water resources. She said a few months ago Nationwide Mutual Insurance Company decided they would not cover damages by fracking. Risks to Fort Collins are water contamination, air pollution, toxic chemicals with compounds linked to cancer, birth defects, and other serious health problems. Wastewater can bring up dangerous radioactive particles that have been buried underneath the ground for millions of years. Safe disposal of radioactive wastewater is unachievable. Water processing facilities cannot handle this toxic fluid. Cleanup of spills and accidents is often the legal responsibility of land owners and not the fracking companies. Taxpayers will foot the bill for roads, police, EMTs and other infrastructure. Agricultural and tourism are the foundation of Colorado’s economy. Industrializing the state with tens of thousands of gas wells will negatively impact these important economic engines. We are here tonight to ask the board to join with them to keep Fort Collins safe for us and future generations. It’s not safe and it should not be allowed in city limits and natural areas. Marcy Mathews lives in west Fort Collins. She said as you consider oil and gas issues tonight, please remember these 4 key points. Colorado already has the most restrictive, cumbersome regulations in the nation. Fort Collins does not need to put a new layer of regulations on top of the state’s rules. We should work with the state. More oil and gas production means more jobs. Oil and gas production means more revenue. In addition to paying all the taxes we all pay, energy producers pay a huge property tax on the actual oil and natural gas they produce. We pay property tax at 20% of the assessed value. Oil and gas pays at 87.5% of the assessed value. This will be a huge windfall to our city and our schools. If Fort Collins passes restrictive oil and gas regulations even though Colorado already has the toughest rules in America; you chase away jobs, growth, and all that revenue for schools. She said that doesn’t make sense. She asked the board not to ‘fixate’ on all the irrational arguments of drilling opponents but rather focus on the tremendous opportunities that await. Scott Hall, 1600 Stout Street, Denver, said he is the CEO of Black Diamond Minerals. They are the wholly owned subsidiary of Prospect Energy. Prospect Energy is the operator for the Fort Collins oil field which is located between the City of Fort Collins and Wellington. A portion of that field is within the city limits of Fort Collins. They are the only active wells within the City of Fort Collins. He said the primary thing he does is bring energy to market and energy is a beautiful thing. It’s the essence of life. If you think about all the health aspects that people have talked about in the last 120 years, our life expectancy has doubled…from 35 to 77 years at a time we have been greatly increasing our energy consumption. The reason our life expectancy has doubled is because we use energy to help benefit all of us. It’s made our lives better. He’d like the board to keep that in mind. He’d also like the city to know that at any time, he’s available for any type of consultation they want on how oil and gas operations are conducted. He’s also an ‘SB” distinguished lecturer on horizontal drilling and fracturing. He holds US patents in fracturing. He’s written several technical papers on fracturing. He clearly believes it’s a very safe activity. He thinks it’s vital to their industry. He said 63% of our energy comes from oil and gas; another 20% comes from coal. 83% of our energy comes from hydrocarbons. We all want to move to a more sustainable 308 of 390 environment and we all hope we get there. Wanting to achieve sustainability by ‘punching’ one industry in the nose in order to try and help another is not a cooperative effort to get to that better, sustainable lifestyle. He said the rules the city is looking at are rules that are trying to be implemented in Boulder County and Longmont. We know that the Longmont rules are under litigation for the potential preemption and the potential for ‘taking’ and that’s one of his big concerns. He’s concerned about how much of this takes away value from his ability to effectively develop a field. He noted he also submitted written comments today which he didn’t hear mentioned. Member Schmidt asked Mr. Scott to explain the difference between hydraulic fracking and the fracking that was done in 1949. Scott said there is no difference and there have been over 1.2 million wells fracked in the United States since 1949. The technology is very similar. All you are essentially doing is pumping a sand laden fluid into the ground in order to create a wedge that you can pump sand into. When you stop pumping, the rock closes back in the sand and creates better permeability down the hole. The fractures all stay whole. They have done numerous testing and they’ve learned that all the fracks stay near the pay zones. In Fort Collins, the pay zones are 4,000 to 5,000 feet deep. Member Schmidt asked when they would frack an existing well and would you have to apply for a separate permit. Scott said wells are mostly fracked when they are initially completed. Scott said they recently fracked an existing well to improve its pay zone. Scott said he really supports the Local Government Designee or ‘LGD’ process and would really work with staff on a ‘MOU’ (Memorandum of Understanding) process. Fred Kirsch lives at 414B Meldrum Avenue. He said he’s representing himself as well as the Community for Sustainable Energy (CSE). He’ll work to keep comments within the purview of the board. He thanked staff for working so hard on developing the codes, the board, and those present to make democracy work. He said there’s a map in the packet that shows Fort Collins in its current state and areas that are drillable. He’d like to see that map under expedited conditions as well as the standard review so we can compare what areas might be drilled under each option. He said CSE has 12,000 contributing members in Fort Collins. He said since early October they’ve been knocking on doors to get peoples’ perceptions of oil and gas drilling. They’ve contacted 1000 and over 900 have agreed with the comment that citizens have the right to know what pollution is coming from an oil and gas well in their neighborhood. They think there should not be any more drilling in Fort Collins until there is proper monitoring and an alert system that lets people know immediately when there’s a toxic release. Right now, your nose is the alert system. He shared information on a recent case in Erie. Over a course of 2 months, they finally figured out to file a complaint and within a week the operator was out there making repairs. He said there needs to be an earlier detection system than your nose. Erin Lamb, 1476 Edgewood Ct, said she is a CSU student and a native of Colorado. She loves Fort Collins and she thinks oil and gas development would be a good thing for this community if done properly. She knows we all probably drove our cars here so we obviously we do use gas. She’s been keeping up with the state-wide regulations and she thinks following Windsor and Erie would be a good move for Fort Collins. They are a good frame of reference even though we are not exactly like them. They have great agreements with their operators and their community needs are met. Collaboration is key for Fort Collins. She said oil and gas will bring jobs to this great city and it will boost their economy to make Fort Collins the best it can be. John Reguse, 303 N. Meldrum, said he’s a graduate student at CSU studying physics, specifically solar panels. He thinks natural gas can be a friend of renewable energy however at this time it appears that the impact of hydraulic fracking on the community’s health and environment is unknown. Oil and gas have been around for a billion years, it will be here for another 10 or 20 years or until we can answer these questions. He said he works with heavy metals on a regular basis and volatile organic 309 of 390 compounds (VOC) are scarier than they sound. Allowing any amount of these compounds in the environment should be unacceptable. Rico Moore, 721 W. Myrtle, said he’d like to respond to a couple of things that have been said and to recommend the board says no to both questions because he thinks they should adopt one regulation that encompasses the most stringent from both the expedited and standard review. He said he had to resign his job at Aims Community College in Greeley after an oil well was drilled on campus and he became ill. He said resources in terms of domestic energy not true. The price of natural gas is extremely low, shipped to the coast and sent to developing Asian markets. Wellbore casing failure – the safety of fracking is not real – 6% of wellbore casings fail upon completion and 60% fail after 20 years. They all fail over time. Moore said the aim of the expedited and standard review is to protect the environmental health of Fort Collins while remaining in line with COGCC. He said its alignment and allegiance is for the health, longevity, and legacy of this land called Fort Collins. The values we hold dear in areas such as our air, water, and earth. He said a recent study showed that 43% of fracking spills contaminated ground water and service water. Another recent study from NOAA (National Oceanic and Atmospheric Administration) shows fracking releases twice as much methane as potent greenhouse gas. He said he visited a site and in every direction he looked there were wells and the smell of burning tires. He suggests to the board that they support and adopt one mandatory regulation that frackers must adhere to. Eric Sutherland, 3520 Golden Currant, said he’s here to express extreme disappointment in his city government with what he’s seen this evening. The idea that you’re holding a carrot out in front of the industry to adopt better practices because of an expedited review process is completely untested. He thinks it’s not going to be enough incentive for them to pursue the ‘better’ course. He thinks they are just wasting their time looking at this dual track process. With reference to PRPA (Platte River Power Authority) he said our Longmont partner is always doing interesting things in their city government and he’s become a student of their government. He said their mayor (Dennis Coons) is a very inspiring leader. What they’re doing in Longmont, he wishes our city would follow. Our desire to protect our citizens really is worth going the extra mile to preserve. He said Fort Collins is bound by state standards as to how much renewable energy we should be purchasing and deliver into their system. He said we’re not. He thinks we should not cede our power to the PUC (Public Utilities Commission). He wishes we would do what Longmont does. He laments the lack of back bone and perseverance of our values in the proposal being presented. Monte Barry said he lives in downtown Fort Collins. He referred to the women who spoke of 19,000 wells in Weld County. He recently took a trip through parts of Firestone and he got to see an oil and gas operation first hand. He was amazed at the setbacks near homes, business, and playgrounds. He would urge the board to visit Firestone. As far as fracking is concerned, it’s his understanding that only ½ of the injected fluids come back out. He thinks it’s “a Haliburton loophole back doored in” deep well injection operation. It needs to be heavily regulated by EPA (Environmental Protection Agency). He’d urge them to consider these factors. John Barnett, 3200 Greenwood Ct, said one of the things he heard tonight was that Colorado had one of the most stringent regulations in the country, please don’t adopt any more stringent regulations than that or you’ll drive business away. Indeed, if that was true, we would not have the drilling boom we have in Weld County. What the State Oil and Gas Commission did was adopt a set of fairly strict regulations because they did so late in the game and they were able to learn lessons from other states. They adopted a one size fits all. They also allowed space in there for other cities to adopt regulations to meet their own needs. We heard from industry representatives that towns like Erie and Windsor are quite satisfied with a fairly low level of additional regulation but if you compare the history of Fort Collins land use regulations with the history of those communities, you’ll know that Fort Collins has always set a higher standard. It’s kind of pioneered a lot of land use concepts and a lot more stringent regulations 310 of 390 than other communities. In fact, the reality is that Fort Collins is pretty healthy economically. He thinks it’s perfectly kosher to adopt more stringent regulations. He shared a story of growing up in Pennsylvania and impact on coal mining and a long standing fire. He urged the board to adopt strict regulations. He asked that they use public review but use it with the higher standards that you’re giving for the expedited review because that is really going to do a better job protecting the health, safety and welfare in Fort Collins. Leakage and cracks are a land use issue. Grant Hallet, 2301 Sheffeld Drive, said he just wants to echo the sentiment about the precautionary principle the last gentleman spoke on. Waiting for mitigation and adaptation after the disastrous effects have already happened is not enough. He referred to a recent study commissioned by the CI (Climate Institute). The National Resource Council did an 18 month investigation of climate change effects and national security implications. They were supposed to report on it on Tuesday but Hurricane Sandy got in their way. “Oops, I guess we learned.” He asked that they please use precautionary principle and not learn before it’s too late. Board Discussion Chair asked staff to comment. Director Kadrich said there were a couple of things she picked up on that she’d like to further review or re-review and that has to do with the differences in the process between the expedited and the standard review. Very clearly under the expedited review it is similar to the City’s basic development review wherein the Director has the final authority. That is not unique as a part of the LUC. What is unique under this proposal is that there would be notice given to others within a ½ mile distance of where the application was received. Folks could make written comments. There would not be a hearing on this matter and there would be an internal staff review very similar to what is done on other types of development. After all that was done, the director would provide a written finding about how it complied with the LUC and if the application was modified or varied modified in some way. Under the standard review there would also be a notice (a ½ mile area). There would be a neighborhood meeting rather than just accepting written comments. There would be a Planning and Zoning Board public hearing similar to what is being held tonight. In that case, the board, after public testimony and deliberation would make a finding. Kadrich said there is a waiver provision in the code. The waiver provision is not exclusive to the Director. It is determined by the decision maker. It is modeled on what is currently available for a modification of standard. The reasoning behind that has everything to do with different things that could be unique to that operation or different technology that could be present. Any time we write prescriptive LUC, we found that if something happens in the future (technology development, etc.) and the public good is not harmed; we add the ability to consider a modification to standard. The language that outlines waiver criteria can be found on page 3 of the draft code. Member Schmidt asked about the drillable map referred to in public testimony. Is there such a map? Member Carpenter said her notes referred to a mineral rights map and also maps of the aquifer. Kadrich said they do not have maps available tonight with that type of detail. Kadrich said they previously had used maps showing projects using the state’s setback criteria. That criterion was overlaid on the city map to determine what areas would be subject to drilling. She said they do not have that map tonight. Kadrich said what staff is working on is a map that would have that and an overlay for expedited review. She said that map is not available tonight; it has not been made yet. Member Schmidt asked if that map would be used to indicate there would be enough setback to use the expedited review process. Kadrich said what they looked at previously was the result of questions being asked is if you take the state’s setbacks in place today; how does that apply to the city? What area would be subject to potential or future drilling? Under the expedited review, we have a greater setback requirement than the state. Therefore, some have asked the question what area of the City of Fort 311 of 390 Collins could apply for eligibility for an expedited review. That information has not been put together yet. They plan to share that information with City Council. Member Schmidt said staff (Pierce) had mentioned after work session that most of the drilling goes below the aquifers so that is not a problem with horizontal drilling. Schmidt said for those that mentioned that wells fail; how are those monitored before there’s oil flowing down the street? Pierce said with regard to well casings where they are most likely to fail and affect an aquifer, as you go below ground most of the aquifers or sources of water (500-1,000 feet) are going to be higher and closer to the ground surface than where the hydro carbons are (e.g. 5,000 feet) that they are trying to extract. Pierce said on the vertical portion of the well they have to take the surface casing down below where that aquifer ends so that increases protection for the ground water and aquifer. A lot of emphasis is given to making sure that surface casing is installed properly. She said there are a number of tests that occur to check on the integrity of that seal and that a leak higher up does not impact an aquifer. Member Schmidt asked if older wells (that may have cracks) are inspected on a regular basis or only on an incident basis. Pierce said she does not know the exact inspection requirements for the state but she does know they will not let it go 30 years without ever taking another look. She said there are regular tests like the Bradenhead Test that most operators perform on their surface casings. Member Schmidt asked about a closed system where the wastes are all contained in storage areas and then removed in a responsible fashion. Pierce said when they were talking about closed systems it was mostly in relation to the protection of air quality. When you directly pipe the gas into a sales line with a green completion, you are preventing it from being vented or exposed to the air. Schmidt asked if there are going to be any situations where we’re having hazardous chemicals more frequently trucked on city streets. Pierce said generally the produced water is the largest amount of waste that is taken off site. They do have tank batteries and condensation tanks that store it but at some point it needs to be disposed. It may be trucked off site or it may be trucked to a disposal location. Most often that’s going to be an underground injection control well. That’s a program that’s regulated by COGCC where they permit and operate these facilities. The idea is the waste that is brought up with the hydro carbons is put back into the same area (portions of the formation underground where it originated). Schmidt wondered if we want to say when trucking is required it’s allowed on certain streets and not others. Staff member Lindsay Ex said on the traffic portion of the presentation, they worked with the Traffic and Engineering Departments. A part of the review process (whether expedited or standard) will be to determine where the access routes. Ex said there are designated routes for hazardous materials. Member Schmidt asked staff if they thought the carrot is big enough. Will we get takers on an expedited review? Is the MOU (Memorandum of Understanding) the Operator Agreement as referenced by the Black Diamond representative? Director Kadrich said that is what she would assume. Kadrich said the tools they are trying use are those that other communities who deal with this issue more than Fort Collins. She said they are collecting a number of tools and whether this one (Operator Agreement) is going to draw the most response, she couldn’t say for sure at this point. She said she knows that Boulder County’s goal is to have ½ of their applications go through an expedited review and ½ of them going through a standard review. Kadrich said they’ve tried to approach it as how different it is from the general standard. What have we learned from other operator agreements? What’s happening in the industry and what does staff believe is best to protect the public health and safety of our community? How can we put that together in a process that would make sense for someone to approve outside the Type 2 (Planning and Zoning Board) review. Member Carpenter said there were questions relative to the disclosure of chemicals being used. Is there any place in the state or proposed regulations that requires full chemical disclosure? Staff member Dan Weinheimer said there’s a process that just started this year using website (Frack Focus) – a joint effort of the state and the oil and gas industry. They post information on the chemical constituencies but it 312 of 390 may not be at the level of detail that some in the community would want. Weinheimer said they are trying to seek more information. Staff member Ex said that would apply in both the expedited or standard process. Member Carpenter asked if there could be anything in the Operating Agreement. Kadrich said yes. Member Carpenter asked about an early detection system. Will the wells have anything like that? Kadrich said there has been some discussion about detection systems at the wells particularly during drilling. Pierce said it depends on the operator and the size of the field. For safety reasons, PIDs (Photo Ion Detectors) and FIDs (Flame Ionization Detectors) are portable devices you can use for detecting a general emissions and volatiles. Carpenter said what’s she’s concerned about is some type of surveillance system for citizens. Pierce said she’s heard people mention that there are affordable on-site surveillance systems. She said her investigations have not found anything cheaper than $250,000 per site for monitoring air quality. If you’re talking about air toxics, the cost would be $500,000 per site. She said they’re open to anything information people may have relative to new technology. Member Stockover asked in the event we hire our own inspectors; is that something they could utilize on a routine basis. Pierce said absolutely. Deputy City Attorney Eckman said relative to the question about notification and chemicals, he referred to page 8 and 9 of the proposed ordinance reference the emergency preparedness plan. He said there are some requirements about coordination with Poudre Fire Authority and the plan on how to react in a dangerous situation. He said paragraph 9 says there should be a provision obligating the operator to have available a current materials safety data sheet for all chemicals used and stored on site. Member Schmidt asked if staff’s had a chance to review the document from Black Diamond, especially Rule 205a Chemical Disclosure citing that we cannot do anything more restrictive than what the COGCC currently has in place. Kadrich said she hasn’t had an opportunity to look at the detailed comments. Member Carpenter asked for clarification on ‘fugitive emissions’. She said under both the standard and expedited process, they would be required to maintain leak detection and repair program or a directed inspection and maintenance program. Does that address concerns raised about leaks and alerts? Pierce said that would be a pollution prevention measure that we are asking operators to use. We’re asking them to spell out their pollution prevention procedures. There are best practices put in place to check release and what you do when you find them. Member Schmidt said she lives by the oil and gas field in northeast Fort Collins and has since 1983 and that oil field has been there since 1923. Years ago we use to have a lot of rotten egg odor. The neighbors would confer on how someone ought to call. She thinks neighborhoods need to have something in place where they know who’s going to report. She referred to public testimony and the comment that the nose detector is one of the fastest ways of knowing something is going wrong. It may be part of the city’s education program. Member Schmidt said it looks like Black Diamond has a lot of issues with what we have in this proposal. She asked Eckman if those things will be worked out. Eckman said the comments that Black Diamond provided on the draft ordinance are really specific and they deserve our review. This is also pending legal review by the City Attorney. The version that goes to City Council may be slightly different from the one being considered by the board but not much. Kadrich said the version on which we received comments looks like an earlier version of the ordinance so there should be another opportunity for them to look at the current version. She agrees with Eckman that they are not prepared to comment on their comments tonight. Chair Smith asked about the practice of abandoning wells in Texas. Specifically to their LUC concern, we do concern ourselves with vacant buildings and big box stores that are causing blight because 313 of 390 they’ve been unoccupied. Do we have anything in the proposal that deals with that? Eckman said it’s a huge problem in Texas and it costs Texas a lot of money if what’s been reported is true. He thinks part of the solution at the state level is to require bonding when you drill a well if the state would be required to plug an orphaned well. He thinks Colorado has a bonding requirement. Staff indicated yes, the bonding requirement is in place. Kadrich said it’s not a gap they found that needed to be dealt with at the local level. Member Schmidt references the changes made to page 34, paragraph 3 (a) of the draft ordinance. She appreciates they changed the waiver to tie the economic cost and the adversely affect the public health…together. She doesn’t like the idea of a reasonable cost. She thinks that’s too vague. She asked reasonable based on what and thinks it’s too easy to meet the economic problem. She’s just worried that other waiver area is still a little too weak. Chair Smith said he thinks staff is talking about waiving the standard will not adversely public health, safety, welfare and the environment. Unless he doesn’t understand, that’s in the mind of the decision maker. Member Carpenter said she agrees with that—somehow we need to make that a little bit more stringent. A reasonable cost to one person may not be reasonable to another; she’s not sure how you define that. Chair Smith wondered how the board wanted to process the new/recently received materials. Did they want a 10 minute recess? Member Carpenter said the Black Diamond letter is a relatively hefty document received at the last minute. Member Stockover said he’s in agreement with member Carpenter, the materials presented tonight were not given to them with enough time to thoroughly analyze. He thinks we’re far enough down the path to make a recommendation. The new information could be forwarded to City Council and they could consider it before they act upon the board’s recommendation. Stockover felt fairly confident we have enough information to consider. Member Schmidt said she feels the same way given we’re supposed to make a recommendation on two general areas – dual tracks and adoption of the proposed standards. Since this is all pending legislation, it’s her feeling they could make a general recommendation. This ordinance could be a good first step but it needs to be supplemented. Deputy City Attorney Paul Eckman said one thing that’s not in the ordinance that will be added is in the expedited development review where the Director makes the decision (without a hearing); there is an application submitted, staff advise, there is an opportunity for the public to provide written comments so if the decision is appealed to District Court then there would be a good record for the court to review. There will also be language for the Director to make a detailed finding. Member Schmidt asked why it would not be appealed to City Council. Eckman said the idea with expedition is to take that step out. Member Campana said it’s pretty easy to get sucked into wordsmithing this ordinance. He thinks it’s still in draft form. He thinks staff has done a great job in the time they’ve been given. Clearly this is not a finished document. Campana appreciates all the comments and letters that have been received. He thinks he has enough information to be ready to offer a recommendation to City Council. He suggested a term should be added related to geographic specific best practices. Also, not understanding the industry he’s not sure it’s even something they might want. He believes it (the operator agreement) gives us the least amount of staff comment/public input. He thinks the expedited process gives us the most ‘teeth’ but not knowing enough about the industry, he doesn’t know which way an applicant might go. Based on his experience on the Advisory (Oil and Gas) Committee; he thinks staff has done a very good job of pulling together a plan for what could potentially be 17,000 wells. It’s good work. Member Stockover said this is an issue that is way bigger than Fort Collins. We’d be a very elitist society if we said we’ll burn your oil and gas in our cars and homes but we don’t want anything to do with producing it. He said we need to share this issue wholly as a nation not just as a community. He thinks 314 of 390 we are doing something and we may not have it exactly right but at least we have people coming down and voicing opinions. Stockover said Fort Collins is not a big oil and gas producing community so we need to keep the bigger picture in mind. He said he thinks our job is really just getting starting and pushing it up to the county and state level. He thinks we’re doing the right thing by acting out of awareness. He thinks we’ve had a great amount of research and discussion and we’re taking this very seriously. He said we always have the ability to tweak what we have when we discover something is not right. He thinks it’s more a Colorado than a Fort Collins issue. Member Schmidt said she agrees with some of what Member Stockover said. She said she just feels in general that staff has done a good job of trying to get down to the nitty-gritty and to cover all the bases. She thinks the board’s role as this document changes is to give City Council general guidance in their recommendation. From her perspective, the two tier approach sounds fine with the caveat that we don’t weaken the development review so there are no teeth in the standard review. She’d also like to see neighborhood notification include the posting of an “oil drilling possible here” sign. They could look on a website to see what’s going on. Director Kadrich said Member Schmidt has raised a key issue in her comments. She said the expedited review is a voluntary process. It is not a prescriptive process. Schmidt said her biggest worry is the operating agreements and it may be from her previous position on CAG (Citizen Advisory Group). When the city was just starting with TIF (tax increment financing), some of their first agreements were not very good. She’d hope we really do look at best practices and we have good idea of what is a good agreement so that we don’t have a few bad ones in our learning curve. Member Carpenter said in a way the whole thing is a little odd to be talking about. The problems we’d have (she agrees with many of the things stated tonight during public testimony) are air and water quality. We can’t stop the air at the Fort Collins boundaries. She agrees with Member Stockover in that what really needs to happen here is we need to be talking at the county, state, and federal level to get the regulations that we want. She said what we’ve done here is to do the best we can given a difficult situation. She thinks it’s a good start. She agrees with Member Schmidt in that we do need to send things to City Council. She thinks the Operator Agreements are going to be very important and they should be done well. She would like to encourage the people who came to speak tonight to take their message to their governor, congressman, and president. She said we can talk about aesthetics in Fort Collins. The rest of it is at a different level then where we are. She appreciates the work done by staff. She thinks we’ve come up with the best practice we can come up with for our city. Member Schmidt said as a part of their recommendation, we can encourage City Council to actively work with the county and the state. She’d like to see them proactive in that area to express the concerns of citizens. She does think the city should have an intergovernmental agreement with the county covering at least any land in the GMA (Growth Management Area). Without it we may be annexing problems we really don’t want to have. Chair Smith said he agrees and that is something they talked about last work session. We’d like to have the county agree to what our definitions of development (with regard to oil and gas) are. Member Carpenter said one of the strongest pieces of this proposal is the local government designee to facilitate communications between City Council and the state. Member Campana wondered why we have an operating agreement as an option. Director Kadrich said as staff looked at what best practices across the Front Range and within the State of Colorado, operator agreement came up as a positive way to deal with oil and gas regulations in some communities. Staff wanted to have it available as one of the tools that they could offer to City Council. She doesn’t recall it 315 of 390 ever being a part of a LUC process. It would be a direct agreement between the governing body and the operator. Campana said that’s a little confusing in that we’re saying it’s a land use issue and other times it can or cannot be. He thinks it’s a land use concern and it should be LUC. He thinks it’s difficult to make the argument both ways. Member Schmidt asked how neighborhood complaints are handled in an operating agreement scenario. Weinheimer said in Windsor they don’t have any local regulations; it’s all operator agreement. You would complain to the state. Schmidt asked if the agreements are filed with the COGCC. Weinheimer said they are retained at a local level (not filed with the state). It would be a responsibility at the local level to make sure the conditions are put forward on each permit. Once they’re on the permit, as long as the COGCC has enforcement authority, they will enforce the permit. Member Campana asked if the standard review is aligned with state regulations. Eckman said with the standard process review, yes. Campana said his opinion is there not be an operator agreement. He recommended we do away with it and have only the standard and expedited review. Chair Smith said he thinks it should be included for Council consideration. Eckman said an operator agreement is an agreement between the city and the operator. It could go beyond what the state requires. Eckman said he thinks may operators feel comfortable with an operator agreement and so that has been an option we have offered. It puts the question before City Council as to whether the operator agreement that was negotiated between the operator and staff is acceptable. It could be more or less stringent than the LUC. Member Carpenter asked if it could be less stringent than the state regulations. Eckman said no, the state regulations will always be followed. Member Schmidt said it could be a mechanism that could be advantageous for the city. She said they could faith in staff to negotiate the best situation by making sure situations unique to an application are addressed. She said it could be a bigger carrot than the expedited review. Chair Smith said he does have a lot of concerns but he believes the ‘game’ is changing –changing technology that we will be facing as a city and the community. He said we will have a lot of conversations and observations about oil and gas in the State of Colorado going forward. More of his concerns are probably best dealt in areas outside this Board’s purview so he won’t even air those concerns as it would taint what he needs to do here. Smith said at the worksession they discussed the possibility of getting frequent (monthly) updates from staff – how many projects we’ve looked at, how many applicants we’ve talked to, what’s working, what’s not working. If we’re tracking …whatever comes from the City Council side, we would have the ability to keep tabs on it. He said they could visit in worksession what those metrics would be on their ‘dashboard and at what point frequency of reporting could be lessened. Chair Smith said he’d like to make sure the city has a very strong voice with the county and at the State House. He said based on the Board’s very specific purview, that staff has done a good job. They’ve been creative in order to accomplish some community objectives that are sensitive to both what industry wants and to what our community demands. He could probably say yes to both questions posed by staff (Does P&Z recommend the adoption of the proposed standards for oil and gas operations? Does P&Z recommend the adoption of a dual track (Standard vs. Expedited Review for oil and gas operations?) with the caveat that we monitor. Member Schmidt made a motion that the Planning & Zoning Board supports the concept of a dual track in the Land Use Code for evaluating for oil and gas operations. Member Campana seconded the motion. Member Stockover thought we’ve firmly put this on the radar for the powers that be and that is a good thing. He’ll be supporting it. 316 of 390 Motion was approved 5:0. Member Schmidt made a motion that the Planning and Zoning Board recommendation encourages the county to consider oil drilling as a land development issue within the Growth Management Area (GMA) with the associated referral to the city for their review. Member Campana seconded the motion. Member Campana said he supports it in concept because he doesn’t consider oil and gas exploration a development. Chair Smith said to be real specific we could probably pursue through the existing IGA an amendment or whatever is needed for the county to recognize their definition of oil and development more closely fits ours thus triggering the referral process. Member Schmidt said she doesn’t know how specific we can be because she doesn’t know how open the county will be. She certainly wants the city to explore it but she wanted to give staff the latitude when starting the discussion. Chair Smith said that’s the ‘meat’ of his concern. Member Stockover asked Eckman if we didn’t already have that. If passed as an ordinance, wouldn’t we already have that in our IGA? Eckman said no; it would only apply within city limits. Deputy City Attorney Eckman said we are working to some extent with other municipalities within the county to approach this policy in a uniform fashion. He said to the extent we can get some energy behind that, we could approach the county and ask them to join that effort. Member Schmidt said when we’re looking at the GMA because in theory that is the area the city will eventually annex. She thinks it’s very important that we get review. It would be good to have a referral process. Deputy Director Kadrich said the county does not currently have a development review process for oil and gas exploration so the applicant would work with the Colorado Oil and Gas Commission if they want to drill in the county. Kadrich said they county would receive notice from the state that an application has been filed but they do not have a land use code process that applicant would be required to submit. Chairsubmit. Chair Smith said he thinks that would be equitable and fair (given the process for other development in the county) and he would hope the county would respond specifically and favorably to this request. Deputy City Attorney Eckman said the city defines oil drilling as development so if we can persuade the county that they should agree with us that it is development and if it is development contiguous to the city then under our present Intergovernmental Agreement (IGA) that land should be annexed into the city and the oil operation should be processed through our LUC like any other development would be. Member Schmidt would like to amend her motion to encourage the county to consider oil drilling as a land development within the GMA as land development issue (and it was incorporated above). Member Campana seconded the amendment. Motion was approved 5:0. Member Schmidt said as to staff’s other question about the recommendation to adopt a dual track (standard vs. expedited review for oil and gas operations); she’d like to make a motion. Member Schmidt said since the proposed standards are subject to additional review and changes, the Planning and Zoning Board agrees with the direction of the proposed standards for oil and gas operations and encourages the maintenance of transparency with citizens and the seeking of regulations that are as focused as possible on maintaining the health, safety, and welfare of the citizens. 317 of 390 Member Stockover said he thought we just need a yes or no to the recommendation. He thinks the motion is too interpretive. Do we recommend the adoption or not? Chair Smith said he agrees with Member Stockover that we recommend the adoption of the proposed standards because they are very clear. If there are specific changes, we might want to say that-- we’d want to modify. Member Schmidt said to say we recommend the adoption of the proposed standards when the proposed standards are going to go through changes as they look at the Black Diamond comments and other pending legal review; that’s like putting a rubber stamp on something she doesn’t even know what it ultimately will be. She wants to encourage the direction that staff is going but their language is subject to change. Member Carpenter seconded the motion. Chair Smith said Member Schmidt made a good point about the recommendation changing a bit. Maybe that just let’s Council know why we didn’t say yes or no. Member Schmidt said we could amend the motion at the beginning, adding “since the proposed standards are subject to additional review and changes, the Planning and Zoning Board recommends…” Director Kadrich asked if the board could be more specific (as the regulations are 40 pages long) in saying if you generally support this type of regulation in the LUC. That would be easier for the board and staff to understand than the more general language if the board said they are 90 or 95% there with this proposed draft. Member Schmidt said speaking for herself if staff were to go along with every bit of Black Diamond’s feedback; she thinks the whole thing would be gutted. Schmidt said she really supports the direction staff has gone so far especially with the two tiered track. It adheres as best we can within the state regulations to making sure we’re looking out for the health and welfare of citizens. She thinks that has been the goal of staff and as the changes go forth, she’d like to staff to keep that in mind. Director Kadrich said maybe she’s worrying too much about what the Planning and Zoning Board means when they made this recommendation. Kadrich said what was just said has made it clearer to her. Member Carpenter said she thinks we agree with what they’ve been given by staff. Chair Smith said provided any changes do not weaken the regulations being proposed, we’d support it. Member Schmidt suggested we change the motion to say “we support the oil and gas regulations as long as any changes made in these final processes do not significantly change or weaken the regulations”. Chair Smith said if the final draft was something, in their opinion, significantly different; we could go to the City Council meeting and read something into the record. Member Stockover said if it was not a formally adopted Board position, we’d have to act as individuals. Member Campana said he likes the original motion. Member Schmidt withdrew her motion. Member Carpenter made a motion that the Planning and Zoning Board recommend to City Council the adoption of the ordinance amending the Land Use Code pertaining to oil and gas exploration and production regulations provided no changes weaken or substantially change the document. Member Schmidt asked to make a friendly amendment that the Board recommends the adoption of the ordinance provided no subsequent changes weaken or substantially change the regulations. Carpenter said she accepts the friendly amendment and it was incorporated above. 318 of 390 Member Schmidt seconded the motion. Deputy City Attorney Eckman asked if the Board would be allowing staff to make changes that had been suggested regarding public input for the basic process and the neighborhood meeting for the operator agreement. Member Schmidt said yes. She said so long as there are not a lot of changes that would weaken it; Council should know the Board may not have the same level of support. Motion was approved 5:0. Other Business: None The meeting was adjourned at 10:00 p.m. Laurie Kadrich, CDNS Director Andy Smith, Chair 319 of 390 1 Establishing an Oil and Gas Moratorium and Reciprocal Setbacks for New Residential Developments Laurie Kadrich Director, Community Development & Neighborhood Services Lindsay Ex Senior Environmental Planner Dan Weinheimer Policy and Project Manager July 16, 2013 Council Meeting ATTACHMENT 6 320 of 390 2 Items for City Council Consideration: 1. Does Council support a establishing a moratorium? If so, which option? • Option #1: Establish for 7 years, apply to Prospect Energy and conduct a health impact study, exclude City-owned lands, or • Option #2: Establish until December 31, 2013 in order to re-evaluate Land Use Code (LUC) changes, engage the community in the LUC options and codify any recommendations. 321 of 390 3 Items for City Council Consideration: 2. Should the Land Use Code be amended to require residential buffering and set-backs from existing oil and gas operations? 322 of 390 4 Item #1: Ordinance No. 145, 2012: Expires July 31, 2013 • Has provided time to: – Participate in state rule-making processes – Adopt local regulations prohibiting hydraulic fracturing except under certain conditions – Adopt local regulation prohibiting permanent storage of waste materials – Adopt an Operator Agreement with Prospect Energy that exceeds general standards of operations – Draft local regulations for reciprocal set-backs and disclosure requirements 323 of 390 5 Item #1: Ordinance No. 145, 2012: Expires July 31, 2013 • Hasn’t provided time to: – Properly investigate, develop, and if appropriate adopt and implement local regulations, specifically LUC amendments or – Engage the public, other agencies and local boards in reviewing any changes that may be proposed 324 of 390 6 Item #2: Why is this needed? • Citizens have expressed concerns • State regulations do only address set- backs for new oil and gas operations • City regulations only address mitigating impacts when developments are within 50’ of existing industrial land uses 325 of 390 7 Item #2: What is proposed? • Tiered approach • Within 1000’ – Disclosure required • 350-500’ – Fencing – Screening • Less than 350’ – Modification of Standard required 326 of 390 8 Item #2: Recommendation • Planning and Zoning Board – Unanimous recommendation for the Land Use Code amendments discussed during their November 1, 2012 meeting – Set-backs and buffering were discussed in the broader context of Land Use Code regulations 327 of 390 9 Items for City Council Consideration: 1. Does Council support a establishing a moratorium? If so, which option? • Option #1: Establish for 7 years, apply to Prospect Energy and conduct a health impact study, exclude City-owned lands, or • Option #2: Establish until December 31, 2013 in order to re-evaluate Land Use Code (LUC) changes, engage the community in the LUC options and codify any recommendations. 328 of 390 10 Items for City Council Consideration: 2. Should the Land Use Code be amended to require residential buffering and set-backs from existing oil and gas operations? 329 of 390 OPTION 1 - SEVEN YEAR MORATORIUM -1- ORDINANCE NO. 106, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATIONS, AND OTHER APPLICATIONS SEEKING APPROVAL TO CONDUCT OIL AND GAS EXTRACTION OR RELATED OPERATIONS WITHIN THE CITY OF FORT COLLINS FOR A PERIOD OF SEVEN YEARS WHEREAS, the City Council recognizes that the oil and gas industry is one of many industries which may legitimately operate within the boundaries of the City, and also recognizes the importance of minimizing, through appropriate regulation, the adverse impacts that oil and gas exploration and extraction or any other industry may have on the health, safety, and welfare of the City and its citizens; and WHEREAS, there has been growing interest in the exploration of oil and gas resources underlying portions of the City, including property owned by the City; and WHEREAS, oil and gas exploration, extraction, production, transportation and related operations and activities, including, without limitation, all those oil and gas activities regulated by the Colorado Oil and Gas Conservation Commission (collectively AOil and Gas Uses@) may negatively impact Fort Collins citizens and the use and integrity of local water supplies and water infrastructure, air quality, roads and transportation infrastructure, wastewater infrastructure, land resources, wildlife and aesthetic values; and WHEREAS, the health and safety issues presented by the exploration for and extraction of liquid and gaseous hydrocarbon resources and related activities have not been adequately explored and it is imperative that those issues be studied by the City, particularly as they relate to the potential for deleterious health and safety effects that may be caused by hydraulic fracturing, to determine whether existing state and local regulations are sufficient to protect the public health, safety, and welfare, or whether different or additional regulations are necessary to address the impacts of such activities; and WHEREAS, if land use applications, permit applications, or any other applications for Oil and Gas Uses are approved within the City limits before City staff and the City Council have an opportunity to thoroughly examine the impact of such uses and take all steps necessary to protect the public health, safety, and welfare, irreparable harm may be done to the residents of the City; and WHEREAS, municipalities throughout Colorado are struggling to address the potential adverse impacts of proliferating Oil and Gas Uses in urban and suburban environments on their citizens= health, safety, and welfare, and several municipalities have enacted moratoria to allow a period of time to evaluate those impacts of Oil and Gas Uses in order to assess and determine the appropriate local regulation of such; and 330 of 390 OPTION 1 - SEVEN YEAR MORATORIUM -2- WHEREAS, by Ordinance No. 145, 2012, the City Council imposed a seven-month moratorium on the acceptance or processing of land use applications, permit applications, and other applications seeking approval to conduct oil and gas extraction or related operations within the City and within any City-owned parks or natural areas outside of the City limits that are open to the public, except for maintenance operations on existing wellheads; and WHEREAS, said seven-month moratorium was not sufficient to allow City staff and the City Council the time needed to further investigate the health and safety issues presented by oil and gas exploration and production activities, including hydraulic fracturing; and WHEREAS, the City Council anticipates that the Colorado Department of Public Health and Environment will be undertaking a comprehensive study of the impacts of oil and gas exploration and production on human health which will likely take at least five years to complete, and the State legislature may also be undertaking its own multi-year study of such impacts; and WHEREAS, the City Council has determined that a moratorium extending through December 31, 2019, is a reasonable period of time and is no longer than necessary for the City to gather additional information regarding the health and safety impacts of oil and gas exploration and production activites, including hydraulic fracturing, and to determine the extent to which Oil and Gas Uses may be locally regulated, and to properly investigate, develop, and, if appropriate, adopt and implement any local regulations related to Oil and Gas Uses in Fort Collins in order to protect and preserve the public=s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the preceding recitals contained in this Ordinance are hereby adopted and incorporated by reference as findings of fact of the City Council. Section 2. That the City Council further hereby finds as follows: a. That the submittal of land use applications, permit applications, or applications requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits may be imminent, and that the City=s existing regulations in this area do not adequately take into consideration current industry technologies so as to properly mitigate the impacts of these types of activities, to protect and preserve the public health, safety, and welfare. b. That a moratorium until midnight December 31, 2019, on the acceptance or processing of any land use application, permit applications, or any other application requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits is necessary and reasonable for the purpose of studying the impacts of these types of uses, including the impacts caused by hydraulic fracturing on the health and safety of City 331 of 390 OPTION 1 - SEVEN YEAR MORATORIUM -3- residents and for the purpose of determining whether additional land use and zoning regulations are necessary to protect and preserve the public health, safety, and welfare. Section 3. That, to address this situation, there is hereby imposed, as of the effective date of this Ordinance, a moratorium on the acceptance or processing of any land use application, permit application, or any other application requesting approval to conduct an Oil and Gas Use within the City limits; provided, however, that this moratorium shall not apply to applications to conduct maintenance operations on oil and gas wells existing in the City as of the effective date of this Ordinance. This moratorium shall terminate as of midnight December 31, 2019, or on such earlier date as may be established by the City Council by ordinance. Section 4. That this Ordinance shall control over any conflicting ordinance of the City, but only to the extent of the conflict. Section 5. That if any section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of and shall be severable from the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each part or parts hereof irrespective of the fact that any one part or parts may be declared unconstitutional or invalid. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: 332 of 390 OPTION 1 - SEVEN YEAR MORATORIUM -4- _____________________________ City Clerk 333 of 390 OPTION 2 - EXTEND MORATORIUM TO DECEMBER 31, 2013 ORDINANCE NO. 107, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATIONS, AND OTHER APPLICATIONS SEEKING APPROVAL TO CONDUCT OIL AND GAS EXTRACTION OR RELATED OPERATIONS WITHIN THE CITY OF FORT COLLINS UNTIL MIDNIGHT, DECEMBER 31, 2013 WHEREAS, the City Council recognizes that the oil and gas industry is important to the Fort Collins community, and also recognizes the importance of minimizing, through appropriate regulation, the adverse impacts that oil and gas exploration and extraction or any other industry may have on the health, safety, and welfare of the City and its citizens; and WHEREAS, there has been growing interest in the exploration of oil and gas resources underlying portions of the City, including property owned by the City; and WHEREAS, oil and gas exploration, extraction, production, transportation and related operations and activities, including, without limitation, all those oil and gas activities regulated by the Colorado Oil and Gas Conservation Commission (collectively AOil and Gas Uses@) may negatively impact Fort Collins citizens and the use and integrity of local water supplies and water infrastructure, air quality, roads and transportation infrastructure, wastewater infrastructure, land resources, wildlife and aesthetic values; and WHEREAS, the health and safety issues presented by the exploration for and extraction of liquid and gaseous hydrocarbon resources and related activities may not be adequately addressed in the City's zoning and land use regulations and it is imperative that those regulations be reviewed in light of current regulatory best management practices consistent with the Colorado Oil and Gas Conservation Commission (ACommission@) Rules and with industry technologies to determine whether they are sufficient to protect the public health, safety, and welfare, or whether different or additional regulations are necessary to address the impacts of such activities; and WHEREAS, if land use applications, permit applications, or any other applications for Oil and Gas Uses are approved within the City limits before City staff and the City Council have an opportunity to thoroughly examine the impact of such uses and take all steps necessary to protect the public health, safety, and welfare, irreparable harm may be done to the residents of the City; and WHEREAS, municipalities throughout Colorado are struggling to address the potential adverse impacts of proliferating Oil and Gas Uses in urban and suburban environments on their citizens= health, safety, and welfare, and several municipalities have enacted moratoria to allow a period of time to evaluate those impacts of Oil and Gas Uses in order to assess and determine the appropriate local regulation of such; and 334 of 390 OPTION 2 - EXTEND MORATORIUM TO DECEMBER 31, 2013 -2- WHEREAS, by Ordinance No. 145, 2012, the City Council imposed a seven-month moratorium on the acceptance or processing of land use applications, permit applications, and other applications seeking approval to conduct oil and gas extraction or related operations within the City, except for maintenance operations on existing wellheads; and WHEREAS, by Ordinance No. 057, 2013, the City Council terminated the moratorium with regard to all oil and gas operations conducted by Prospect Energy, LLC, as long as such operations are conducted in accordance with the terms and conditions of that certain Oil and Gas Operator Agreement between Prospect Energy and the City, dated May 29, 2013; and WHEREAS, said moratorium will expire at midnight, July 31, 2013; and WHEREAS, although City staff has been diligently researching best practices in this area and has prepared proposed new regulations, additional research and review are necessary in order for the City Manager and City Attorney and their respective staffs to clarify the extent of the City=s legal authority with regard to local regulation of such Oil and Gas Uses and to formulate any recommended amendments to the City Code to deal with those uses in an appropriate manner; and WHEREAS, the Commission has engaged in a rule making proceeding that resulted in new regulations being established; and WHEREAS, in preparing its regulations, the City should consider the new rules that have been promulgated by the Commission; and WHEREAS, for the foregoing reasons, the imposition of said seven-month moratorium on the submission, acceptance, consideration, and approval of any and all applications for City licenses, permits and other approvals related in any way to Oil and Gas Uses within the City, except on existing well heads, will not allow sufficient time for City staff and the City Council to further investigate the extent of the City=s authority to regulate such uses, to consider any new regulations adopted by the Commission, and to develop and implement appropriate regulations; and WHEREAS, the City Council has determined that a moratorium extending through December 31, 2013, is a reasonable period of time and is no longer than necessary for the City to determine the extent to which Oil and Gas Uses may be locally regulated and to properly investigate, develop, and, if appropriate, adopt and implement any local regulations related to Oil and Gas Uses in Fort Collins in order to protect and preserve the public=s health, safety and welfare; and WHEREAS, existing Oil and Gas Uses in Fort Collins will not be unduly prejudiced by the imposition of such a moratorium, since the ongoing operation of such uses will not be prohibited or terminated by this moratorium; and 335 of 390 OPTION 2 - EXTEND MORATORIUM TO DECEMBER 31, 2013 -3- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the preceding recitals contained in this Ordinance are hereby adopted and incorporated by reference as findings of fact of the City Council. Section 2. That the City Council further hereby finds as follows: a. That the submittal of land use applications, permit applications, or applications requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits may be imminent, and that the City=s existing regulations in this area do not adequately take into consideration current industry technologies so as to properly mitigate the impacts of these types of activities and protect and preserve the public health, safety, and welfare. b. That a moratorium until midnight December 31, 2013, on the acceptance or processing of any land use application, permit applications, or any other application requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits, is necessary and reasonable for the purpose of studying the impacts of these types of uses and the new rules promulgated by the Colorado Oil and Gas Conservation Commission, and determining whether additional land use and zoning regulations are necessary to protect and preserve the public health, safety, and welfare. Section 3. That, to address this situation, there is hereby imposed, as of the effective date of this Ordinance, a moratorium on the acceptance or processing of any land use application, permit application, or any other application requesting approval to conduct an Oil and Gas Use within the City limits; provided, however, that this moratorium shall not apply to applications to conduct maintenance operations on oil and gas wells existing in the City as of the effective date of this Ordinance or to any operations conducted under the permission and authority of that certain Amended Operation Agreement between the City and Prospect Energy, LLC dated May 29, 2013. This moratorium shall terminate as of midnight December 31, 2013, or on such earlier date as may be established by the City Council by ordinance. Section 4. That this Ordinance shall control over any conflicting ordinance of the City, but only to the extent of the conflict. Section 5. That if any section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of and shall be severable from the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each part hereof irrespective of the fact that any other parts may be declared unconstitutional or invalid. 336 of 390 OPTION 2 - EXTEND MORATORIUM TO DECEMBER 31, 2013 -4- Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 337 of 390 1 ORDINANCE NO. 108, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE TO INCLUDE ADDITIONAL REGULATIONS FOR DEVELOPMENT IN CLOSE PROXIMITY TO OIL AND GAS OPERATIONS WHEREAS, oil and gas operations have existed within City limits for many years; and WHEREAS, the Land Use Code contains residential setback requirements from existing oil and gas operations that are inconsistent with statewide setback regulations; and WHEREAS, the City Council has determined that the Land Use Code should be amended to increase residential setbacks from existing oil and gas operations to comport with the setback requirements promulgated by the Colorado Oil and Gas Conservation Commission in order to better protect the public health and safety of residents in close proximity to oil and gas operations; and WHEREAS, the proposed regulations require that notice be given to residents and potential buyers of existing oil and gas operations, that fencing to restrict access to the existing operation be provided, and that aesthetic improvements including trees, shrubs, berms, and walls be made so as to further enhance the public health, safety and welfare; and WHEREAS, after extensive public input has been received and upon the favorable recommendation of the Planning and Zoning Board, the City Council has determined that it is in the best interest of the City that these proposed amendments be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.26(C)(2) of the Land Use Code is hereby amended to read as follows: (2) There are three (3)four (4) types of buffer yards which are established according to land use intensity as described in Chart 1 below. Buffer yard distances are established in Chart 2 below and specify deciduous or coniferous plants required per one hundred (100) linear feet along the affected property line, on an average basis. Section 2. That Section 3.8.26(C) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows: (4) Additional Standards Applicable to Buffer Yard D. The following requirements shall also apply to development located in Buffer Yard D: (a) Measured. For purposes of Buffer Yard D standards, the buffer yard shall be measured as the distance from the outer edge of an 338 of 390 2 existing oil and gas operation site to the nearest wall or corner of any occupied building proposed in the residential development. The term “existing oil and gas operation site” shall include the impact area of any well that has received all required permits prior to submission of the residential development plan, even if drilling has yet to occur on the site. Buffer Yard D areas may include paved areas, notwithstanding subsection (1) above. (b) Disclosure. If any residential development is proposed to be located within one thousand (1,000) feet of an existing oil and gas operation, then at such time as the developer or any subsequent interest holder in the development transfers any proprietary or possessory interest in all or any portion of the development, the person or entity transferring such interest shall provide to the transferee a disclosure statement on a form provided by the City, which statement shall provide information about the potential emission of any hazardous, toxic, or carcinogenic air pollutants associated with oil and gas operations and the health effects associated with such emissions; including, but not limited to, hydrogen sulfide, sulfur dioxide, nitrogen oxides, volatile organic compounds, benzene, toluene, xylenes, and formaldehyde. The disclosure statement shall also include contact information for the oil and gas operator. (c) Fencing. If any residential development is proposed to be located within five hundred (500) feet of an existing oil and gas operation, and if an existing fence does not surround the oil and gas operation, a fence must be erected by the developer along the property boundary between the oil and gas operation and the development that restricts public access to the oil and gas operation. Section 3. That Chart 1 contained in Section 3.8.26 of the Land Use Code is hereby amended to read as follows: 339 of 390 3 Chart 1 Land Use Intensity Categories Land Use Intensity Category Buffer Yard Airports/airstrips Very High C Composting facilities High B Dry cleaning plants Very High C Feedlots Very High C Heavy industrial uses Very High C Light industrial uses High B Junkyards High B Outdoor storage facilities High B Recreation vehicle, boat, truck storage Medium A Recycling facilities High B Agricultural research laboratories High B Resource extraction Very High C Oil and gas operations, including plugged and abandoned wells Very High D Transportation terminals (truck, container storage) High B Warehouse & distribution facilities High B Workshops and custom small industry Medium A Section 4. That Chart 2 contained in Section 3.8.26 of the Land Use Code is hereby amended to read as follows: 340 of 390 4 Chart 2 Buffer Yard Types Type – Base Standard (plants per 100 linear feet along affected property line)* Option Width Plant Multiplier** Option: Add 6' Wall Option: Add 3' Berm or 6' Fence Buffer Yard A: 3 Shade Trees 2 Ornamental Trees or Type 2 Shrubs*** 3 Evergreen Trees 15 Shrubs (33% Type 1, 67% Type 2) 15 feet 20 feet 25 feet 30 feet 35 feet 40 feet 1.00 .90 .80 .70 .60 .50 .65 .80 Buffer Yard B: 4 Shade Trees 4 Ornamental Trees or Type 2 Shrubs*** 3 Evergreen Trees 25 Shrubs (Type 2) 15 feet 20 feet 25 feet 30 feet 35 feet 40 feet 45 feet 1.25 1.00 .90 .80 .70 .60 .50 .75 .85 Buffer Yard C: 5 Shade Trees 6 Ornamental Trees or Type 2 Shrubs *** 4 Evergreen Trees 30 Shrubs (Type 2) 5 Section 6. That the definition “Resource extraction, process and sales” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Resource extraction, processes and sales shall mean removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged., but does not include oil and gas operations. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 342 of 390 DATE: July 16, 2013 STAFF: Laurie Kadrich Lindsay Ex AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 31 SUBJECT Items Relating to Urban Agriculture. A. Second Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. Second Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of the City Code Related to the Care and Keeping of Animals. EXECUTIVE SUMMARY The purpose of this item is to better align the Land Use and City Code with City Plan by allowing urban agriculture land uses in all zone districts, expand the districts where farmers markets are allowed, and allow a broader range and number of animals to be raised in the City. Ordinance No. 096, 2013, amending the Land Use Code, was unanimously adopted on First Reading on July 2, 2013. These changes include (1) the establishment of an urban agriculture licensing system that will allow urban agriculture in all zone districts and (2) allowing farmers markets in more zone districts in the City. Ordinance No. 097, 2013, amending City Code, was adopted by a 4-3 vote on First Reading on July 2, 2013 (Nays: Campana, Troxell, Weitkunat). The City Code changes include (1) scaling the number of chickens allowed based on lot size, (2) allowing duck hens to be raised, (3) updating the beekeeping Ordinance to reflect current best practices, and (4) allowing two dwarf or pygmy goats per household for milk production. BACKGROUND / DISCUSSION During First Reading on July 2, 2013, several questions were raised related to the proposed Code changes. These questions are addressed as follows: Farm Animals in the Urban Estate and other Zone Districts During the public testimony portion of the Hearing, several citizens commented about the lack of standards for keeping farm animals in the zone districts in which they are allowed, including the Urban Estate, River Conservation, and the Residential Foothills zone districts. Several Councilmembers directed staff to develop regulations for these zone districts that address the keeping of farm animals. Staff will develop these regulations over the coming months and bring them back to Council after they have been vetted through a public outreach process and a recommendation has been received by the Planning and Zoning Board. Allowing Altered Males within City Limits As discussed during First Reading, the proposed Code language for allowing goats allows either does (female goats) or wethers (altered males) to be raised. Councilmembers asked why wethers would be allowed if no slaughtering was to be permitted. Wethers do not create a nuisance in the same way that bucks (unaltered males) do, e.g., the smells and the noise. As goats are herd animals and a minimum of two animals are required to minimize impacts on surrounding neighbors and for the health of the goats, staff recommends that wethers be allowed to be raised as an additional option for families to meet the required two goats per household. Minimizing Risks associated with Goats, particularly Q Fever When considering the potential risks associated with raising goats, Q fever, a disease caused by the bacteria Coxiella burnetii, was discussed as the highest risk to the community. Health professionals at the hearing indicated that the greatest risk associated with Q fever exposure occurred during the birthing process. To address this risk, staff is working with CSU professionals to ensure that the training provided prior to issuing a license addresses ways to 343 of 390 July 16, 2013 -2- ITEM 31 minimize exposure to Q fever during the birthing process. Staff expects to have this training ready by September 2013, which would allow the first licenses to be issued shortly thereafter. Councilmembers also questioned if on-site birthing should be prohibited because the greatest risks of exposure are during the birthing process. Staff spoke with the health experts after the hearing and indicated they would not recommend such a policy. This was due to the pregnant doe having to be placed into a separate facility where a resistance to that site’s antibodies would not have been developed. This would put the pregnant doe at greater risk for contracting other diseases, which could threaten the health of the kid. Thus, staff recommends addressing Q fever exposure during the proposed educational training instead of restricting where birthing can occur. The Health Department recommended creating a mechanism whereby citizens can easily identify if goats are being raised nearby. Staff will include the location of any issued license on FCMaps, available at http://gisweb.fcgov.com/FCMaps/, where all development related applications and licenses are also maintained. The Health Department also recommended requiring annual renewal of the goat licenses so the City can maintain an active list of goat owners, should an outbreak occur. The Larimer County Humane Society has committed to annual renewals of the licenses. Research Study on Q fever in Urban Agriculture When staff assessed the problem, we determined the problem to be solved was to better understand the prevalence of Q fever in urban animals. One initial solution was to test every goat licensed in the City for the disease. Based on further research and discussion with CSU experts, a single test would indicate whether Q fever antibodies were present in an animal, but only a shedding test, with samples taken at the time of kidding, could provide the most accurate assessment of the active presence of Q fever. We also learned that a single test in isolation would not provide a complete picture of the risks associated with raising goats in an urban environment. In further discussions with CSU, staff spoke with Drs. Kristy Pabilonia and Ragan Adams regarding the development of a study to assess Q fever in urban goats in a more systematic manner. Dr. Pabilonia conducted an initial literature review and found that published information related to Q fever was based on goat herds or goat farms, and that no studies had been conducted on raising goats in an urban environment. Dr. Pabilonia indicated that limited research funding was available to test licensed goats for Q fever to better develop a risk profile of Q fever occurrence in urban situations. The study would include the testing for antibodies and during kidding, so that a complete picture of the rates of Q fever in goats could be established. Should Ordinance No. 097, 2013, be adopted on Second Reading to allow goats to be raised, this research study could be developed and implemented over the next two years and would provide Council with a more thorough and locally- based assessment of the risk of this disease within our community. Staff believes this is the best solution because it provides a systematic and scientifically-based assessment of the risk environment surrounding goats in an urban environment. Council Follow-up Ordinance No. 097, 2013, as adopted on First Reading, required a full review of the regulations two years after adoption. Councilmembers also suggested reporting back to Council at six month intervals to report on any neighborhood concerns or issues that had arisen during that timeframe. Staff is committed to providing written updates to Council every six months on the outcome of the regulations, with a full report planned for July 2015. Staff expects that initial findings from the CSU research study will be available by July 2015 and could guide the two-year follow up discussion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. 344 of 390 July 16, 2013 -3- ITEM 31 ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 2, 2013 (w/o attachments) 2. Powerpoint presentation 345 of 390 COPY COPY COPY ATTACHMENT 1 DATE: July 2, 2013 STAFF: Laurie Kadrich Lindsay Ex AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 26 SUBJECT Items Relating to Urban Agriculture. A. First Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. First Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of the City Code Related to the Care and Keeping of Animals. EXECUTIVE SUMMARY The purpose of this item is to better align the Land Use and City Code with City Plan by allowing urban agriculture land uses in all zone districts, expand the districts where farmers markets are allowed, and allow a broader range and number of animals to be raised in the City. City Plan contains several principle and policy statements aimed at promoting local food production. Several City Departments are coordinating with numerous public, private, and academic entities to implement these principles and policies. However, the Land Use Code is in direct conflict with City Plan as it only allows urban agriculture in four of the twenty-five zone districts as a primary use. While City Council amended the Land Use and City Code in 2008 to allow six chickens hens per lot (Ordinance No. 072, 2008), hundreds of citizens expressed the desire to practice urban agriculture in more zones in the City, allow farmers markets in more areas, and allow for a wider range and number of animals to be raised. Based on City Plan and this feedback, staff proposes Land Use and City Code changes to implement City Plan. The proposed Land Use Code changes include (1) the establishment of an urban agriculture licensing system that will allow urban agriculture in all zone districts and (2) allowing farmers markets in more zone districts in the City. Proposed City Code changes include (1) scaling the number of chickens allowed based on lot size, (2) allowing duck hens to be raised, and (3) updating the beekeeping Ordinance to reflect current best practices. BACKGROUND / DISCUSSION Urban agriculture includes the production, distribution and consumption of locally produced food in an urban environment. City Plan contains principles and policy statements in support of urban agriculture in three of the seven key issue chapters. Partnerships internal and external to the City are working to implement these policy and principle statements. For example, the Social Sustainability Department and the Gardens on Spring Creek are implementing the Community Gardens Outreach Program (Offer 236.1) to promote access to community gardens in low-income neighborhoods. The Planning Department is coordinating with numerous entities to ensure the Land Use Code and City Codes are not acting as a barrier to implementing urban agriculture in the City. Throughout this year, representatives from the private sector, public sector, and academic sector are coming together to identify how we can implement City Plan strategically through the development of a Local Food Cluster, sponsored by the City’s Economic Health Department. Each of these efforts is critical to implement the urban agriculture portions of City Plan. What is before Council on July 2 is the effort to remove the Land Use and City Code barriers that would allow more urban agriculture practices to take place throughout the City. Currently, the Land Use Code only allows urban agriculture as a primary use in four of the City’s twenty-five zone districts (see Attachment 1: Map of Zone Districts), yet these uses are currently being practiced in numerous other zone districts (see Attachment 2: Map of Urban Agriculture Land Uses). This project aligns with the City Plan Principle SW 3, which states, “The City will encourage and support local food production to improve the availability and accessibility of healthy foods, and to provide other educational, economic, and social benefits.” 346 of 390 COPY COPY COPY July 2, 2013 -2- ITEM 26 Based on research, outreach, and City Plan direction, this project has the following objectives: Objective 1: Create an alternate development review process for urban agriculture land uses The first project objective is to create an urban agriculture licensing system that allows urban agriculture to be practiced throughout the City while ensuring neighborhood compatibility. If adopted, urban agriculture will be a permitted use in all zone districts, subject to the licensing requirements set forth in Section 3.8.31 of the Land Use Code. This licensing system creates a process for these land uses to be permitted without requiring the uses to go through development review, which could prove prohibitive for achieving the City Plan principle of encouraging local food production. Based on feedback from Council, a specific application requirement will be to provide more detailed information on the proposed manure management at the site (see Attachment 3 for all submittal requirements). Objective 2: Allows farmers markets to be permitted in additional zone districts Staff is proposing that farmers markets be allowed, in addition to the existing zone districts, in the LMN (Low Density Mixed-Use Neighborhood) and MMN (Medium Density Mixed-Use Neighborhood) zone districts. However, staff is recommending that these uses be allowed only if located within a neighborhood center, park, or central feature or gathering place to ensure that the traffic and other nuisance issues, as identified through the survey, are minimized. Staff is also proposing that farmers markets be allowed in the HMN (High Density Mixed-Use Neighborhood) district, which is limited in its geographic extent and would not likely pose the same concerns as in the other zone districts. Objective 3: Scale the number of chickens allowed based on lot size, allow duck hens to be raised, and update the beekeeping standards Staff proposes the following structure for scaling chickens and ducks based on lot size: • Less than 1/2 acre – up to eight chickens and/or ducks, combined (this would allow everyone in the City to have up to eight chickens and/or ducks, similar to the City of Denver); • Between 1/2 acre and 1 acre – up to twelve chickens and/or ducks; and • More than 1 acre – six chickens and/or ducks per each additional ½ acre above a one-acre lot size, however, when more than twelve chickens and/or ducks are requested, then all abutting property owners must be notified prior to the issuance of a license to ensure compatibility with the neighbors. One discussion during the May 14 Council Work Session was whether male ducks (drakes) should be allowed to be raised within the City. While they do not pose the same level of noise concerns that roosters do, CSU experts and Larimer County Department of Health staff presented concerns related to handling ducklings and to the noise concerns that could still arise from allowing drakes. Though raising drakes with hens can be beneficial to the overall health of the animals, staff is recommending that drakes not be allowed within the City at this time. With regard to bees, numerous citizens requested removing the current requirement that hives be only Langstroth-style hives, since it is an antiquated standard. Numerous other communities, including Larimer County, regulate beekeeping based on movable comb hives. Staff is recommending that the hive requirement be updated to reflect more recent best practices and require movable comb hives instead of Langstroth-style hives. In addition, citizens requested additional time to dispose of or combine nucleus colonies. Instead of 30 days to dispose of or combine the colony, staff is recommending allowing residents up to 60 days. Note there are two separate licenses within this discussion: 1. Uban Agriculture License – this license will be managed by the Planning Department and will be for those land uses, e.g., community gardens, market gardens, etc. where the garden or farm is the principal use on the land. As discussed during the May 14, 2013 Work Session, the fee for the licenses will be waived for the first year to allow existing gardens and farms to comply with the proposed regulations. 2. Poultry License (currently the chicken license) – this license will be managed by the Larimer County Humane Society and will be for anyone wishing to obtain chicken hens and/or ducks hens in compliance with the proposed City Code regulations. The fee for this license is $35. 347 of 390 COPY COPY COPY July 2, 2013 -3- ITEM 26 Other Objectives and Next Steps: Goats In discussions with the community, the public outreach process, and during the Council Work Session on May 14, significant support has been expressed for allowing miniature or pygmy goats to be raised within City limits. However, in May, staff met with representatives from the Larimer County Department of Health, CSU Extension, CanDo (the Coalition for Activity and Nutrition to Defeat Obesity), and Animal Control to obtain their feedback on the proposed code changes. During this discussion, staff learned that there is a disease associated with goats (Q fever) that has the potential to affect residents beyond the individuals actually raising the goats. For example, Q fever is a wind-borne disease that has the potential to affect neighbors who did not choose to be impacted, and can be threatening to sensitive populations. Further, staff learned there is not a vaccine or reliable screening test for this disease. In addition to Q fever, CSU experts also expressed concerns over the increasing number of cases of rabies in the Front Range. As such, they are concerned that increasing the types of animals allowed within the City could increase the number of rabies incidences, especially as there is a not a vaccine labeled for goats in the United States. Staff should note that there is an “off label” vaccine that veterinarians can use in goats in general practice, but the lack of an approved vaccine for goats creates a situation where prevention of transmitting the disease between goats and humans cannot be guaranteed. After the discussion, staff contacted other urban, municipal governments that allow goats, e.g., Denver (allowed since 2011) and Seattle (allowed since 2007). Staff spoke with health experts from those areas as well as representatives from the Center for Disease Control, CSU’s Urban Agriculture Program, and numerous citizens. While all health representatives acknowledged the risks of Q fever, they acknowledged that no Q fever outbreaks have occurred in urban environments and the risk is low that an outbreak would occur in the City, should the City allow goats to be raised. If the City were to move forward with allowing goats, CSU experts have recommended that potential goat owners be required to take a class in animal husbandry, care, and disease prevention and management. They also suggested an inspection of the goat facilities prior to issuing a license should be required. Due to the low number of citizens who have requested an interest in raising goats, to staff’s knowledge, the amount of resources required to coordinate these classes and conduct the inspections, and the potential health risks to the community, staff is not recommending that Council allow goats to be raised at this time. Year-round Growing During the public outreach process, citizens and farmers requested that other issues be addressed, including allowing hoop houses (temporary greenhouses with frames made of conduit, PVC, or wood covered by polyurethane) within the City without a building permit. Staff is currently coordinating the required code changes to allow hoop houses and intends to bring these changes forward with the building code revisions this fall. Water Quality During the May 14 Council Work Session, staff was asked to assess if baseline sampling could be conducted to ensure that water quality does not degrade as a result of allowing urban agriculture within the City. Through discussions with Utilities, staff learned we would need to have a better understanding of the types of chemicals being used at the site before we could conduct this sampling. Staff has added questions related to the use, timing, and frequency of chemicals to the submittal checklist. If farmers or gardeners propose to use these chemicals, staff will have a better understanding of what chemicals will need to be tested. As these tests can prove expensive, staff can also provide these applicants with resources regarding alternative, organic treatments to minimize the use of these chemicals. Implementation Report As discussed during the Work Session, staff will provide an implementation report to Council in the summer of 2013 with at least the following information: 348 of 390 COPY COPY COPY July 2, 2013 -4- ITEM 26 • Number of urban agriculture and poultry licenses issued; • Average staff time to process a license; • Whether a particular size of operation causes greater impacts than smaller operations; • If any applicants proposed to use synthetic chemicals and if a change in water quality was able to be sampled for (and detected); • If additional demand for goats has arisen and if the City should pursue allowing goats; • If allowing drakes (male ducks) should be considered; • Other key issues that have arisen during the licensing process; and • Any suggested refinements to the urban agriculture regulations. FINANCIAL / ECONOMIC IMPACTS The economic impacts to the City of Fort Collins from producing more food locally have not been quantified, However, Boulder County conducted a study in 2012 and found that if 25% of foods were produced locally, the economic impacts of this 25% shift would provide 1,899 additional jobs, over 80 million dollars in wages, and almost 12 million dollars in additional business taxes would be generated in Boulder County alone (see http://www.fcgov.com/developmentreview/pdf/ua-be-local.pdf for the presentation by Hill Grimmett, former Executive Director of Be Local Northern Colorado). In addition to the broader economic impacts, being able to produce your own food or obtain more food locally supports the City’s goal of a more resilient local economy (Principle EH1). ENVIRONMENTAL IMPACTS Allowing urban agriculture to proliferate within City limits presents the opportunity to have numerous environmental impacts. These benefits include the potential for increased pollinator populations (biodiversity) and the psychological benefits of local food production and being more self-sufficient. In addition, the production of more food locally can reduce greenhouse gas (GHG) emissions by reducing the vehicle miles traveled by the food we consume. For these reasons, and many more, urban agriculture presents an opportunity for the City to provide for a local, resilient food economy. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board unanimously (5-0) recommended approval of the Land Use Code amendments related to urban agriculture during its March 21, 2013 meeting (Attachment 4). The Economic Advisory Commission unanimously (9-0) recommended approval of the Land Use Code amendments during its April 17, 2013 meeting (Attachment 5). The Natural Resources Advisory Board unanimously (7-0) recommended approval of the Land Use Code and City Code amendments related to urban agriculture during its May 15, 2013 meeting (Attachments 6 and 7). Staff also met with the Landmark Preservation Commission (Aug 2012), the Fort Collins Housing Authority Development Committee (Aug 2012), the Parks and Recreation Advisory Board (Sept 2012), and the Senior Advisory Board (Sept 2012). All boards expressed general support for the changes. PUBLIC OUTREACH On July 2, 2012, the urban agriculture public engagement plan was submitted to Council. Extensive public outreach, including a project website, online survey (611 responses), public open house (95 attendees), several focus group 349 of 390 COPY COPY COPY July 2, 2013 -5- ITEM 26 discussions with local farmers, Homeowners Associations, the Larimer County Humane Society, and discussions with six City Boards and Commissions occurred since the project was initiated (in accordance with the Project’s Public Engagement Plan). Staff also benchmarked existing City regulations with other similar communities, including Austin, Portland, Seattle, Steamboat Springs, Denver, and Wheat Ridge. The attachments related to these outreach efforts were provided to Council during its May 14, 2013 Work Session (available at the project website at http://fcgov.com/urbanagriculture). ATTACHMENTS 1. Zone Districts where Urban Agriculture practices are currently allowed 2. Illustration of where Urban Agriculture practices are actually occurring 3. Submittal Requirements and Application Form for an Urban Agriculture License 4. Planning and Zoning Board – March 21, 2013 Meeting Minutes 5. Economic Advisory Commission – April 17, 2013 Meeting Minutes 6. Natural Resources Advisory Board – Memo from the Board Chair 7. Natural Resources Advisory Board – May 15, 2013 Meeting Minutes 8. City Council Work Session Summary, May 14, 2013 9. Powerpoint Presentation 10. Public Comment received since the May 14, 2013 Work Session (prior public comment provided to Council at the Work Session) 350 of 390 1 1 Urban Agriculture City Council Hearing Laurie Kadrich, Community Development and Neighborhood Services Director Lindsay Ex, Senior Environmental Planner July 16, 2013 2 Council Consideration • Second Reading of Ordinance No. 096, 2013 amending the City of Fort Collins Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture -and- • Second Reading of Ordinance No. 097, 2013 amending Chapter 4, Article II & III, of the Code of the City of Fort Collins related to the Care and Keeping of Animals ATTACHMENT 2 351 of 390 2 3 Project Goal Ensure City regulations align with City Plan in relation to urban agriculture practices, both when and where appropriate. Fossil Creek Community Gardens (Photo: Courtney Levingston) 4 Updates Since First Reading • Farm animals in the Urban Estate Zone District – Immediate concerns: Staff will address by enforcing Chapter 20 of City Code – Long-term solutions: Develop standards for farm animals in these zone districts Roosters (Photo: onderer.com). 352 of 390 3 5 Updates Since First Reading • Education and Training – Animal husbandry and disease prevention – Minimizing risks of Q fever exposure during kidding • Addressing Q fever risks – Research Study with CSU – Goat license information available on FC Maps, annual renewal Nigerian dwarf goats (Photo: dreamersfarm.com). 6 Updates Since First Reading • Formalized reporting back to Council on the code changes: – Every six months, a memo will be provided – Formal evaluation two years after adoption Volunteers at Lee Martinez Farm 353 of 390 4 7 Council Consideration • Second Reading of Ordinance No. 096, 2013 amending the City of Fort Collins Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture -and- • Second Reading of Ordinance No. 097, 2013 amending Chapter 4, Article II & III, of the Code of the City of Fort Collins related to the Care and Keeping of Animals 354 of 390 1 ORDINANCE NO. 096, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE BY THE ADDITION OF PROVISIONS PERTAINING TO URBAN AGRICULTURE WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, in 2011, the City Council adopted the City Plan ASafety and Wellness Vision,@ which contains numerous policies supporting local food production, including Principle SW3, which directs staff to encourage and support local food production to improve the availability and accessibility of healthy foods, and to provide other educational, economic, and social benefits; and WHEREAS, in furtherance of the Planning and Zoning Board’s 2013 Work Program, which calls for City staff to update the Land Use Code to reflect urban agriculture land uses currently practiced and desired to be practiced in the City, City staff has proposed certain Land Use Code changes to allow for these practices while also ensuring that neighborhood compatibility is achieved; and WHEREAS, City staff has vetted these proposed changes through focus groups with local farmers, interested citizens, and homeowners association representatives, and through a project website, an online survey and a public open house; and WHEREAS, City staff and the Planning and Zoning Board have reviewed the proposed Land Use Code changes regarding urban agriculture and have recommended to the City Council that they be adopted; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: . . . Section 1. That Division 3.8 of the Land Use Code is hereby amended by the addition of a new subsection 3.8.31 which reads in its entirety as follows: 355 of 390 2 3.8.31 Urban Agriculture (A) Applicability. These standards apply to all urban agriculture land uses, except those urban agriculture land uses that are approved as a part of a site-specific development plan. (B) Purpose. The intent of these urban agriculture supplementary regulations is to allow for a range of urban agricultural activities at a level and intensity that is compatible with the City’s neighborhoods. (C) Standards. (1) License required. Urban agriculture land uses shall be permitted only after the owner or applicant for the proposed use has obtained an urban agriculture license from the City. The fee for such a license shall be the fee established in the Development Review Fee Schedule. If active operations have not been carried on for a period of twenty-four (24) consecutive months, the license shall be deemed to have been abandoned regardless of intent to resume active operations. The Director may revoke any urban agriculture license issued by the City if the holder of such license is in violation of any of the provisions contained in Subsection (2) below, provided that the holder of the license shall be entitled to the administrative review of any such revocation under the provisions contained in Chapter 2, Article VI of the City Code. (2) General Standards. Urban agriculture shall be allowed as a permitted use, provided that all of the following conditions are met: (a) Mechanized Equipment. All mechanized equipment used in the urban agriculture land use must be in compliance with Chapter 20, Article II of the City Code regarding noise levels. (b) Parking. Urban agriculture land uses shall provide additional off- street vehicular and bicycle parking areas adequate to accommodate parking demands created by the use. (c) Chemicals and Fertilizers. Synthetic pesticides or herbicides may be applied only in accordance with state and federal regulations. All chemicals shall be stored in an enclosed, locked structure when the site is unattended. No synthetic pesticides or herbicides may be applied within a Natural Habitat Buffer Zone. (d) Trash/compost. Trash and compost receptacles shall be screened from adjacent properties by utilizing landscaping, fencing or storage within structures and all trash shall be removed from the 356 of 390 3 site weekly. Compost piles and containers shall be set back at least ten (10) feet from any property line when urban agriculture abuts a residential land use. (e) Maintenance. All urban agriculture land uses shall be maintained in an orderly manner, including necessary watering, pruning, pest control and removal of dead or diseased plant materials and shall be maintained in compliance with the provisions of Chapter 20 of the Municipal Code. (f) Water conservation and conveyance. To the extent reasonably feasible, the use of sprinkler irrigation between the hours of 10:00 a.m. and 6:00 p.m. shall be minimized. Drip irrigation or watering by hand may be done at any time. The site must be designed and maintained so that any water runoff is conveyed off-site into a city right-of-way or drainage system without adversely affecting downstream property. (g) Identification/contact information. A clearly visible sign shall be posted near the public right-of-way adjacent to all urban agriculture land uses, which sign shall contain the name and contact information of the manager or coordinator of the agricultural land use. If a synthetic pesticide or herbicide is used in connection with such use, the sign shall also include the name of the chemical and the frequency of application. The contact information for the manager or coordinator shall be kept on file with the City. All urban agriculture signs must comport with Section 3.8.7 of this Land Use Code. (h) If produce from an urban agriculture land use is proposed to be distributed throughout the City, the applicant must provide a list of proposed Food Membership Distribution Sites in the application. (i) Floodplains. If urban agriculture is proposed within a floodplain, then a Floodplain Use Permit is required in accordance with Chapter 14 of the Municipal Code. (j) Additional Impact Mitigation. Measures such as landscaping, fencing, or setbacks to mitigate potential visual, noise, or odor impacts on adjoining property may be required by the Director. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line of the parcel where the urban agriculture land use is conducted. Where an urban agriculture land use abuts a residential use, there shall be a 357 of 390 4 minimum setback of five (5) feet between the operation and the property line. (3) Notice. At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M- M-N, H-M-N, N-C-B, R-C and P-O-L) or if the urban agriculture land use exceeds 0.5 acres in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Land Use Code. Section 2. That Section 4.1(B)(1)(a) and 4.1(B)(1)(b) of the Land Use Code is hereby amended to read as follows: DIVISION 4.1 RURAL LANDS DISTRICT (R-U-L) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Farm animals. 4. Urban agriculture. . . . Section 3. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.2 URBAN ESTATE DISTRICT (U-E) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Farm animals. 358 of 390 5 4. Urban agriculture. . . . Section 4. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.3 RESIDENTIAL FOOTHILLS DISTRICT (R-F) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. . . . Section 5. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended to read as follows: DIVISION 4.4 LOW DENSITY RESIDENTIAL DISTRICT (R-L) . . . (b) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. . . . Section 6. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 359 of 390 6 2. Accessory uses. 3. Urban agriculture . . . Section 7. That Section 4.5(B)(2)(c)3 of the Land Use Code is hereby amended to read as follows: DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N) . . . 3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/ recreation facilities; schools; child care centers; open-air farmers markets; and places of worship or assembly. . . . Section 8. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. . . . 360 of 390 7 Section 9. That Section 4.6(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subsection 7 which reads in its entirety as follows: DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N) . . . 7. Open-air farmers markets, if located within a park, central feature or gathering place. . . . Section 10. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended to read as follows: Division 4.7 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L) . . . (b) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 3. Accessory uses. 4. Urban agriculture. Section 11. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended to read as follows: DIVISION 4.8 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M) . . . (b) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 3. Accessory uses. 361 of 390 8 4. Urban agriculture. . . . Section 12. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended to read as follows: DIVISION 4.9 NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B) . . . (b) Accessory/Miscellaneous Uses: 1. Accessory buildings, provided that they contain no habitable space. 2. Accessory buildings containing habitable space. 3. Accessory uses. 4. Urban agriculture. . . . Section 13. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.10 HIGH DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (H-M-N) . . . (b) Accessory/Miscellaneous Uses: 1. Accessory buildings 2. Urban agriculture. Section 14. That Section 4.10(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subsection 8 which reads in its entirety as follows: DIVISION 4.10 HIGH DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (H-M-N) . . . 8. Open-air farmers markets. . . . 362 of 390 9 Section 15. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.13 PUBLIC OPEN LANDS DISTRICT (P-O-L) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. . . . Section 16. That Section 4.14(B)(1)(a) and 4.14(B)(2)(d) of the Land Use Code is hereby amended to read as follows: DIVISION 4.14 RIVER CONSERVATION DISTRICT (R-C) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. . . . (2) The following uses are permitted in the R-C District subject to administrative review: … (d) Accessory/Miscellaneous Uses: 1. Farm animals. . . . Section 17. That Section 4.16(B)(1) of the Land Use Code is hereby amended to read as follows: 363 of 390 10 DIVISION 4.16 DOWNTOWN (D) . . . (B) Permitted Uses. (1) The following uses are permitted in the D District subject to basic development review: (a) Accessory/Miscellaneous Uses: 1. Urban agriculture. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. . . . Section 18. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.17 RIVER DOWNTOWN REDEVELOPMENT DISTRICT (R-D-R) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. 364 of 390 11 . . . Section 19. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.18 COMMUNITY COMMERCIAL DISTRICT (C-C) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 20. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.19 COMMUNITY COMMERCIAL – NORTH COLLEGE DISTRICT (C-C-N) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. … Section 21. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.20 COMMUNITY COMMERCIAL – POUDRE RIVER DISTRICT (C-C-R) . . . (a) Accessory/Miscellaneous Uses: 365 of 390 12 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 22. That Section 4.21(B)(1) of the Land Use Code is hereby amended to read as follows: DIVISION 4.21 GENERAL COMMERCIAL (C-G) . . . (1) The following uses are permitted in the C-G District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Accessory/Miscellaneous Uses: 1. Urban agriculture. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. . . . Section 23. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended to read as follows: 366 of 390 13 DIVISION 4.22 SERVICE COMMERCIAL DISTRICT (C-S) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 24. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.23 NEIGHBORHOOD DISTRICT (N-C) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 25. That Section 4.24(B)(1) of the Land Use Code is hereby amended to read as follows: DIVISION 4.24 LIMITED COMMERCIAL DISTRICT (C-L) . . . (1) The following uses are permitted in the C-L District, subject to basic development review: (a) Accessory/Miscellaneous Uses: 1. Urban agriculture. 367 of 390 14 (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997, and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property. . . . Section 26. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.26 HARMONY CORRIDOR DISTRICT (H-C) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 27. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.27 EMPLOYMENT DISTRICT (E) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 368 of 390 15 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 28. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended to read as follows: DIVISION 4.28 INDUSTRIAL DISTRICT (I) . . . (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Outdoor vendor. 4. Urban agriculture. . . . Section 29. That the definition “Agricultural activity” contained in Section 5.1.2 of the Land Use Code is hereby deleted in its entirety as follows: Section 30. That the definition “Development” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: . . . (2) Development shall not include: . . . (d) the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products; for raising or feeding livestock (other than in feedlots); for other agricultural uses or purposes, or for the delivery of water by ditch or canal to agricultural uses or purposes, provided none of the above creates a nuisance, and except that an urban agriculture license is required in accordance with Section 3.8.31 of this Land Use Code. . . . 369 of 390 16 Section 31. That the definition “Farm animals” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Farm animals shall mean animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules; provided, however, that farm animals shall not include chicken hens, ducks or based on the lot size thresholds outlined in Section 4-117 of the City Code, and exactly two (2) pygmy or dwarf goats except as otherwise authorized inkept pursuant to Section 4- 121 of the City Code shall not be considered to be farm animals. Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Food membership distribution site” which reads in its entirety as follows: Food membership distribution site shall mean a site where a producer of agricultural products delivers them for pick-up by customers who have pre- purchased an interest in the agricultural products. Section 33. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Urban agriculture” which reads in its entirety as follows: Urban agriculture shall mean gardening or farming involving any kind of lawful plant, whether for personal consumption, sale, and/or donation, except that the term urban agriculture does not include the cultivation, storage, and sale of crops, vegetables, plants and flowers produced on the premises in accordance with Section 3.8.1 of this Land Use Code. Urban agriculture is a miscellaneous use that does not include “plant nursery and greenhouse” as a principal use and that is subject to licensing in accordance with Section 3.8.31 of this Land Use Code. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 370 of 390 17 Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 371 of 390 ORDINANCE NO. 097, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 4, ARTICLE II & III, OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO THE CARE AND KEEPING OF ANIMALS WHEREAS, in 2011, the City Council adopted the City Plan ASafety and Wellness Vision,@ which contains numerous policies supporting local food production, including Principle SW3, which directs staff to encourage and support local food production to improve the availability and accessibility of healthy foods, and to provide other educational, economic, and social benefits; and WHEREAS, in 1989, the City Council adopted Ordinance No. 72, 1989, which allowed for the keeping of bees for the production of honey; and WHEREAS, in 2008, the City Council adopted Ordinance No. 72, 2008, which allows for the raising of up to six chickens per lot for food production, while ensuring that chickens are raised in humane conditions in the City and do not present a nuisance to their neighbors; and WHEREAS, City staff has conducted citizen outreach regarding potential urban agriculture land use changes, and throughout that process has been asked by numerous citizens to examine the current provisions of the City Code pertaining to the keeping of animals and bees in the City; and WHEREAS, staff has also worked with the Larimer County Humane Society to assess whether allowing chickens to be kept in the City has created a nuisance in the community, and has found that, although there have been 153 permits issued for the keeping of chickens, there has only been the issuance of one citation; and WHEREAS, staff has researched other communities and found that they allow for a wider range of animals to be raised in urban environments, including ducks and miniature goats; and WHEREAS, staff has conducted citizen outreach and has learned that many City residents favor allowing ducks and miniature goats and an increased number of chickens in the City; and WHEREAS, staff has also found through their research that other communities have updated their regulations related to beekeeping to reflect the current best practices in the industry; and WHEREAS, in view of this outreach, staff is recommending several amendments to Chapter 4 of the City Code; and WHEREAS, the City Council believes that these recommended amendments are in the best interests of the City and its citizens. 372 of 390 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 4-1 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition of “Q fever” which reads in its entirety as follows: Q fever shall mean an acute, influenzalike disease caused by the rickettsia Coxiella burnetii that is transmissible to humans by contact with infected cattle, sheep, and goats. Section 12. That Section 4-117 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-117. Sale of chickens and ducklings; quantity restricted; keeping of chickens and ducks. (a) Chickens or ducklings younger than eight (8) weeks of age may not be sold in quantities of less than six (6) to a single purchaser. (b) In those zone districts where the keeping of farm animals (as that term is defined in Section 5.1.2 of the Land Use Code) is not otherwise allowed, the keeping of chickens and/or ducks (poultry) shall be permitted subject to the following requirements and subject to all other applicable provisions of this Chapter. (1) Any person keeping poultry pursuant to this provisions must first have been issued a permit by the Humane Society and have received such information or training pertaining to the keeping of poultry as said agency deems appropriate; (2) The keeping of roosters or drakes (male ducks) is prohibited; only chicken or duck hens shall be permitted, and all references herein to poultry shall mean chicken or duck hens only. (3) Poultry may be kept in the following numbers: a. On lots less than one-half (_) acre in size, up to eight (8) chickens and/or ducks may be kept; and b. On lots one-half (1/2) acre to one (1) acre in size, up to a total of twelve (12) chickens and/or ducks may be kept; and c. On lots more than one (1) acre in size, up to six (6) additional chickens and/or ducks may be kept for every additional one-half (1/2) acre; provided, however, that if more than twelve (12) chickens and/or ducks, combined, are to be kept, all property owners abutting the parcel where the poultry will be housed must be 373 of 390 -3- notified in writing prior to obtaining a permit for said number of poultry. (4) If a lot has more than one (1) dwelling unit, all adult residents and the owner(s) of the lot must consent in writing to allowing the poultry on the property; (5) Any person keeping poultry pursuant to this provision must first have been issued a permit by the Humane Society and have received such information or training pertaining to the keeping of poultry as said agency deems appropriate. Prior to the issuance of said permit, a site inspection shall be conducted by the Humane Society to verify compliance with the requirements of this subsection; (6) The poultry must be provided with a covered, predator-resistant poultry house that is properly ventilated, designed to be easily accessed, cleaned and maintained, and must consist of at least four (4) square feet per chicken hen or duck; (7) During daylight hours, the poultry must have access to the poultry house and also have access to an outdoor enclosure that is adequately fenced to protect them from predators; (8) The poultry must be further protected from predators by being closed in the poultry house from dusk to dawn; (9) Neither the poultry house nor the outdoor enclosure may be located less than fifteen (15) feet from any abutting property line unless the owner or keeper of the poultry obtains the written consent of the owner(s) of all abutting properties to which the enclosure is proposed to be more closely located, in which event the agreed-upon location shall then be deemed acceptable notwithstanding any subsequent change in ownership of such abutting property or properties; (10) The poultry must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement; and (11) The poultry may not be killed by or at the direction of the owner or keeper thereof except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian or the Humane Society for such purpose, or as otherwise expressly permitted by law. Section 23. That Chapter 4 of the Code of the City of Fort Collins is hereby amended by adding a new Section 4-121 which reds in its entirety as follows: 374 of 390 -4- Sec. 4-121. Keeping of goats. (a) In zone districts where the keeping of farm animals is not otherwise allowed, two (2) pygmy or dwarf goats, plus any number of their offspring younger than twelve (12) weeks, may be kept on any lot in the City. The keeping of just one (1) pygmy or dwarf goat is prohibited. Only female or altered male Nigerian Dwarf or African Pygmy breeds of goats shall be permitted. No bucks or other breeds shall be allowed. (b) Except as prohibited in subsection (a), goats may be kept subject to the following requirements: (1) Any person keeping goats pursuant to this provision must first have been issued a permit by the Humane Society, and must also have received such information or training pertaining to the keeping of goats as said agency deems appropriate, including, but not limited to, training on animal husbandry, care, disease prevention and management, and methods to minimize the risks of exposure to Q fever during the goat birthing process. Prior to the issuance of said permit, a site inspection shall be conducted by the Humane Society to verify compliance with the requirements of this subsection. (2) If a lot has more than one (1) dwelling unit, all adult residents and the owner(s) of the parcel must consent in writing to allowing the goats on the property. (3) On any residential zoned lot, the goats must be maintained in the rear fifty (50) percent of the lot. On any residential zoned corner lot, the rear fifty (50) percent of the lot shall mean that portion of the lot on the opposite side of the residence from the front lot line. The front lot line shall mean the lot line facing the primary entrance to the principal building on the lot. (4) The goats must be provided with a covered, predator-resistant shelter that is properly ventilated and designed to be easily accessed, cleaned and maintained. (5) During daylight hours, the goats must have access to the shelter and also have access to an outdoor enclosure that is adequately fenced to protect them from predators, which shall be in total at least one hundred fifty (150) square feet per goat in size. (6) The goats must be closed in the shelter from dusk to dawn. (7) Neither the shelter nor the outdoor enclosure may be located less than fifteen (15) feet from any abutting property line unless the owner or keeper of the goats obtains the written consent of the owner(s) of all 375 of 390 -5- abutting properties to which the enclosure is proposed to be more closely located, in which event the agreed-upon location shall then be deemed acceptable notwithstanding any subsequent change in ownership of such abutting property or properties. (8) The goats may not be killed by or at the direction of the owner or keeper thereof except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian or the Humane Society for such purpose, or as otherwise expressly permitted by law. (9) Any person who owns or keeps goats over twelve (12) weeks of age shall have such goats vaccinated against rabies when the goats become twelve (12) weeks of age, and shall continue to have the goats vaccinated by a veterinarian at intervals recommended by the veterinarian. Section 34. That Section 4-228 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-228. Hives. All bee colonies shall be kept in hives with movable combs, which shall be kept in sound and usable condition. Section 45. That Section 4-233(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 4-233. Colony densities. . . . (b) For each two (2) colonies authorized under colony densities, Subsection (a) above, there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths (9 5/8) inch depth ten (10) frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within sixty (60) days after the date it is acquired. Section 6. After the passage of two years from the effective date of this Ordinance, the City Manager shall review the merits and impacts of this Ordinance and submit a written report regarding the same to the City Council. 376 of 390 -6- Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 16th day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 377 of 390 DATE: July 16, 2013 STAFF: Diane Jones Ginny Sawyer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 32 SUBJECT Resolution 2013-068 Supporting the Establishment of a Friendship City Partnership Between the City of Fort Collins and San Cristobal de las Casas, Chiapas, Mexico. EXECUTIVE SUMMARY The municipality of San Cristobal de las Casas, Chiapas, Mexico is highly interested in pursuing a more formal partnership with the City of Fort Collins and has put forth a Friendship City application highlighting the benefits to both communities. The City of Fort Collins requires a Council resolution of support prior to the communities moving forward with development of goals, project implementation, or visitations. BACKGROUND / DISCUSSION Process In 2012, Fort Collins established a Friendship City Partnership process (Attachment 2) to assist in the response and development of more formalized partnerships with international communities. A Friendship City Partnership is an established partnership between the City of Fort Collins and a foreign city that is mutually beneficial. The first step towards establishing a Friendship City Partnership is completing an Application. The Application helps to identify the proposed goals of the partnership, the supporting activities that would be included, and it highlights the areas of interest and strengths or needs for each party. This information is provided to the Fort Collins City Council for its consideration. If City Council determines that the Application outlines a strong fit, a Resolution to formalize the partnership will be considered by City Council. Once a Resolution is in place, the designated representatives for each of the participating organizations will complete an Agreement outlining specific goals and outcomes. The criteria for considering a Friendship City Partnership is based on, but not solely limited to, one or more of the following: Attribute Match: Does the community have similarities to our size, population, demographics, vision, mission, or goals? Goal Match: Does the community have relevant sustainability, cultural and/or economic goals? Connection Match: Does the community have existing local connections with significant community or business interests such as Colorado State University, Front Range Community College, University of Colorado Health Systems, Poudre School District, a targeted cluster industry, etc.? Exchange Match: Does the community currently participate in an on-going exchange program with an organization in the city such as the Poudre School District, service organization, health care organization, etc.? Ethical Match: Does the community strive to be a stable and ethical government? San Cristobal Application San Cristobal has completed an Application outlining our mutual history and areas of interest, including: • Previous exchanges through CSU programs such as the Protected Area Management and Training Courses and a shared graduate program (CSU and El Colegio de la Frontera Sur) in Conservation Leadership. • A mutual interest in the environment, sustainability, and ecology driven by each community’s natural resources, geography, and commitment to stewardship. 378 of 390 July 16, 2013 -2- ITEM 32 • Opportunities and interest in sharing best practices around watershed management, recreation management, tourism promotion, and academic partnerships. FINANCIAL / ECONOMIC IMPACTS This Resolution has no immediate financial or economic impacts. Should the City move forward, any costs will be mutually agreed upon and approved by the City Manager. ENVIRONMENTAL IMPACTS This Resolution has no environmental impacts, although a Partnership could be heavily focused on environmental processes, programs, and practices. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. ATTACHMENTS 1. San Cristobal Application 2. Friendship City Partnership Process Chart 3. Powerpoint presentation 379 of 390 1 | P A G E APRIL 2013 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Friendship City Application Information & Instructions This application is to be completed by the person or organization putting forth the proposal and the City of Fort Collins employee contact. BACKGROUND A Friendship City Partnership is an established relationship between the City of Fort Collins and a foreign partnering organization that is mutually beneficial. The first step towards establishing a Friendship City Partnership is completing the attached Application. The Application helps to identify the proposed goals of the partnership, the supporting activities that would be included, and it highlights the areas of interest and strengths or needs for each party. This information is provided to the Fort Collins City Councilmembers for their consideration. If City Council determines that the Application outlines a strong fit, a Resolution to formalize the partnership will be considered by City Council. Once a Resolution is in place, the designated representatives for each of the participating organizations will complete an Agreement. The Agreement will outline specific goals and outcomes, ensure implementation and documentation, and clarify any monetary expenditure. A Friendship City Partnership Agreement will require review by the City Manager. CRITERIA The criteria for considering a Friendship City Partnership is based on, but not solely limited to, one or more of the following: 1. Attribute Match: Does the community have similarities to our size, population, demographics, vision, mission, or goals? 2. Goal Match: Does the community have relevant sustainability, cultural and/or economic goals? 3. Connection Match: Does the community have existing local connections with significant community or business interests such as Colorado State University, Front Range Community College, University of Colorado Health Systems, Poudre School District, a targeted cluster industry, etc.? 4. Exchange Match: Does the community currently participate in an on-going exchange program with an organization in the city such as the Poudre School District, service organization, health care organization, etc.? 5. Ethical Match: Does the community strive to be a stable and ethical government? WHO MAY REQUEST A FRIENDSHIP CITY PARTNERSHIP Any person or organization may submit an application. The most successful applications will have more than one sponsor and will represent multiple agencies or organizations. Those interested should work with an appropriate City of Fort Collins staff 2 | P A G E APRIL 2013 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com RESPONSIBILITIES When a Friendship City Partnership Application is determined to meet the criteria and City Council passes a Resolution to that effect, the involved parties will draft proposed operating guidelines. The guidelines will be in the form of an Agreement and they will detail the scope of activities, responsibilities, financial arrangements, and reporting requirements of each organization. The Agreement will be reviewed by the City and must be signed by the City Manager or the official who has been designated by the City to sign on behalf of the City of Fort Collins. The City employee named by the City of Fort Collins as the designated representative for a particular Friendship City Partnership is responsible for facilitating preparation and forwarding of the documents to the foreign entity for signature. Responsibility for tracking the implementation of the Agreement and all activities rests with the designated contact person at each organization. That person will be the contact when the City of Fort Collins requests information about the Agreement or if further collaboration is desired by other departments. The City of Fort Collins’ designated representative is required to maintain a record of the activities of the Agreement. These records will be reviewed at the end of the term of the Agreement for evaluation and possible renewal. The intent is to have annual reports provided to the City Manager, the City Council and other interested parties. Planning and sponsorship (payment of expenses) for visits by individuals or teams to or from the partner organization/entity for the purpose of negotiating or signing the contract or any subsequent visits are the responsibility of the traveling party unless otherwise stated. Customarily, the hosting department would provide funding for lunches or other allowable hospitality expenses and the traveling party would cover their travel, lodging and other expenses not provided by the hosting organization. PROCESSING THE APPLICATION The Application will clearly state the rationale and goals of the Partnership and the benefits to the City of Fort Collins and the partner organization. Once an Agreement is in place all information in the Application and Agreement will be shared with the community and stakeholders upon request. 3 | P A G E APRIL 2013 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Friendship City Application To be completed in English by the Requesting Organization 1. Name and Country of the Proposed Partner City or Agency Municipality of San Cristobal de las Casas, Chiapas, Mexico 2. Today’s Date June 3rd, 2013. 3. Name of Person Requesting Partnership Title: Francisco José Martínez Pedrero Affiliation: Mayor of San Cristóbal de las Casas Address: Palacio Municipal, S/N, C.P. 29240, San Cristóbal de las Casas, Chiapas Email: presidencia@sancristobal.gob.mx Phone: +52 96767 8 0730 4. Rationale The rationale that motivates the present application is to develop collaborative activities and projects in the areas of mutual interest for the benefit of the general population in both communities. Both cities have had different kinds of exchanges, such as the development since 2006 of annual Protected Area Management and Training courses coordinated by Colorado State University in collaboration with El Colegio de la Frontera Sur (ECOSUR), the National Commission of Natural Protected Areas (CONANP), Pronatura Sur AC and other local stakeholders,. Furthermore, several citizens of San Cristobal de las Casas visited the city of Fort Collins in 2009, including the current President of the Municipal Center for Integral Family Development (DIF) Mrs. Maria Dolores Pedrero Corzo. Likewise, two generation of American and non-American students have pursued their graduate studies in the International Master of Science in Human Dimensions of Natural Resources named Conservation Leadership Through Learning. This program is jointly coordinated by Colorado State University and El Colegio de la Frontera Sur where students spend nine months in Fort Collins and 9 months in San Cristobal de las Casas. We believe that this agreement will be beneficial for the city of Fort Collins because the goals are founded in a series of cultural, tourism, academic and sustainable practices potential exchanges. In this sense, the areas of interest that we have agreed among promoters of both cities are: 382 of 390 4 | P A G E APRIL 2013 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com To be completed by City of Fort Collins Staff a) Culture and tourism: The aim will be to disseminate the historical, natural and cultural richness that both communities possess. That is, the promotion of the native and current culture of each community, the natural areas, the surrounding national parks and main tourist attractions of both communities. b) Environment, sustainability and ecology: Generate an exchange of experiences in conservation and sustainable development of the watershed, natural areas management and biodiversity protection. Collaboration in the management of waste (solid and liquid), wastewater program, recycling programs, and use of clean energy, river control and flood drains. c) Education: Generate academic incentives for researchers, teachers and students such as seminars, courses, workshops, academic exchange programs, and international experiences for English and Spanish speakers, as well as scholarships that can diversify the participation of both parties. 5. Resources No funding required. 6. Profile of the Requesting Partner Organization Please find attached a document describing the profile of the city. 7. Please add any additional information about this Partnership you wish to share and submit this form to: Friendship City Designees 8. City of Fort Collins Designated Representative (Main Contact): 9. Names, title and department of any others from the City of Fort Collins or the Community of Fort Collins who may be involved in any Partnership activities: 10. Partner Organization Designated Representative: MSc. Daniel Camilo Thompson Poo, Operating Manager of Valle de Jovel Watershed Committee 383 of 390 5 | P A G E APRIL 2013 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com To be completed by City of Fort Collins Staff 11. Names, title and department of any others from the Partnership City or Community who will be partners of the Agreement. MSc. Daniel Camilo Thompson Poo, Operating Manager of Valle de Jovel Watershed Committee Biol. Romeo Domínguez Barradas, Chief Execitive Officer of Pronatura Sur A.C. Ing. Rodrigo Hess Poo, Coordinator of the San Cristobal de las Casas Citizen Council PHd. Antonio Saldivar Moreno, Graduate Coordinator of El Colegio de la Frontera Sur - SCLC Unit 12. Primary Signing Authority for City of Fort Collins (Mayor, City Council Member, etc.): 13. Primary Signing Authority for Partner Abroad (Mayor, City Council Member, etc.): Francisco José Martínez Pedrero, Mayor of San Cristóbal de las Casas, Chiapas, México 384 of 390 Friendship City Approval Process Idea Request Anyone can have an idea for a Friendship City proposal. Staff Contact It is important to identify a City of Fort Collins staff person to be your main contact. Application You and your City contact should complete the attached Application outlining the rationale and goals for a Friendship City relationship. City Council Consideration Your completed Application will be routed to City Council through the City manager. If Council approves the idea they will pass a Resolution. Develop Agreement If City Council passes a resolution then a formal Agreement will be drafted stating the Friendship City goals, project implementation, and reporting responsibilities. Annual Check-in and Reporting ATTACHMENT 2 385 of 390 1 1 Resolution Supporting a Friendship City Partnership with San Cristobal de las Casas, Chiapas, Mexico City Council Meeting July 16, 2013 Diane Jones, Deputy City manager Ginny Sawyer, Project and Policy Manager 2 Friendship City Partnership • In 2012, a Friendship City Partnership process was developed. • A Friendship City Partnership focuses on mutual attributes, goals, and interests between communities. 386 of 390 2 3 Friendship City Partnership San Cristobal and Fort Collins: – Previous exchanges through CSU programs. – A mutual interest in the environment, sustainability, and ecology driven. – Opportunities to share best practices in watershed management, recreation management, tourism promotion, and academic partnerships. 4 Friendship City Partnership Process: – Idea Request • First request and inquiry made in 2011 – Staff Contact • San Cristobal reps have worked with Natural Areas staff and Diane Jones. – Application • Received June 3, 2013 387 of 390 3 5 Friendship City Partnership – City Council Consideration • We are here. – Agreement Development • Drafting of a formal agreement that outlines goals, project implementation, and reporting. – Annual Check-in and Reporting 6 Friendship City Partnership Consideration of the Resolution. 388 of 390 RESOLUTION 2013-068 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE ESTABLISHMENT OF A FRIENDSHIP CITIES PARTNERSHIP BETWEEN THE CITY OF FORT COLLINS AND SAN CRISTOBAL DE LAS CASAS, CHIAPAS, MEXICO WHEREAS, the City Council believes in the benefit and richness of sharing and learning from others; and WHEREAS, the City has established a Friendship City Partnership process to assist in the development of more formalized partnerships with international communities; and WHEREAS, the Municipality of San Cristobal de Las Casas, in the State of Chiapas, Mexico (“San Cristobal”) has submitted a Friendship City Partnership Application to the City, highlighting the benefit from past interactions, including visits by citizens and officials from San Cristobal to Fort Collins whereby City staff shared information about City operations and the City Council recognized the delegation by proclamation; and WHEREAS, the City and San Cristobal have an interest in strengthening the friendship ties and cooperation that have already been initiated by both parties; and WHEREAS, the parties wish to support activities and projects that contribute to the social, environmental and commercial development of both parties, including, but not limited to, the following areas: • tourism promotion and enhancement; • natural area, biodiversity and watershed protection programs; • management of solid and liquid wastes and recycling; • clean energy; • storm drainage and flood control; • cultural and educational exchange; • development and participation of civil society; • any area of cooperation that the parties may agree upon; and WHEREAS, the parties plan to develop an agreement outlining common goals and outcomes; and, WHEREAS, the parties will support the collaborations already initiated with Colorado State University, Larimer County and the Poudre R-1 School District; and WHEREAS, any commitment of financial or human resources will be voluntary; and WHEREAS, this is a partnership that unites the governments, schools, businesses and citizens of the City and San Cristobal via voluntary effort to promote cultural understanding the quality of life and sustainability in our respective communities. 389 of 390 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the City Council hereby declares its support for the establishment of a Friendship City Partnership between San Cristobal and the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July A.D. 2013. Mayor ATTEST: City Clerk 390 of 390 Complete information for contact people and authorizing individuals (those who sign) must be provided before the Agreement can be finalized. Incomplete information will delay the process. Agreements will be written for a specified period of time with an option to renew. Please return your completed Application electronically to the City Manager’s Office through Ginny Sawyer at gsawyer@fcgov.com. Submission of an Application does not imply approval. Final approval of a Friendship Cities Partnership will come through City Council Resolution and a signed Agreement. APPROVAL PROCESS Applications for Friendship City Partnerships must be submitted to the City Manager’s Office. If it is determined that the request is reasonable and beneficial to the City of Fort Collins it will be forwarded to City Council for formal consideration. 381 of 390 person to determine viability of a Friendship City Partnership. 380 of 390 20 feet 25 feet 30 feet 35 feet 40 feet 45 feet 50 feet 1.25 1.00 .90 .80 .70 .60 .50 .75 .85 Buffer Yard D: 6 Shade Trees 7 Ornamental Trees or Type 2 Shrubs*** 5 Evergreen Trees 35 Shrubs (Type 2) 350 feet 375feet 400 feet 425 feet 450 feet 475 feet 500 feet 1.25 1.00 .90 .80 .70 .60 .50 .75 .85 * "Base standard" for each type of buffer yard is that width which has a plant multiplier. ** "Plant multipliers" are used to increase or decrease the amount of required plants based on providing a buffer yard of reduced or greater width or by the addition of a wall, berm or fence. *** Shrub types: Type 1: 4' - 8' High Type 2: Over 8' High Section 5. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of following new definitions which read in their entirety as follows: Oil and gas operation shall mean exploration for oil and gas, including the conduct of seismic operations and the drilling of test bores; the siting, drilling, deepening, recompletion, reworking, or abandonment of an oil and gas well, underground injection well, or gas storage well; production operations related to any such well including the installation of flow lines and gathering systems; the generation, transportation, storage, treatment, or disposal of exploration and production wastes; and any construction, site preparation, or reclamation activities associated with such operations. 341 of 390 COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. 0 0.25 0.5 0.75 Printed: June 26, 2013 Miles © Existing Wells # Inactive # Shut-in # Active Fort Collins Field Within 500 ft buffer - Fencing, screening also required Within 1000 ft buffer - Disclosure required Neighborhoods City Limits Growth Management Area ATTACHMENT 4 302 of 390 o rd S t E Olive Ct N Meldrum St Mason Ct 10th St Pinon St Rivendal Dr Cedar Red Cir Spruce Blue Dr W Oak St East Dr Center Avenue Ml Luke St Hospital Ln Patto n St S Sherwood St Lilac Ln West Dr Pennock Pl Conifer St 11th St Canyon Ave Ro b ertson St Duff Dr Webster Ave Lesser Dr Willow St E Magnolia St Fronta g e Rd University Ave Woo d lawn Dr Hickory St Buckingham St Hemlock St Stover St S Meldrum St Mathews St Peterson St Walnut St Eastda le Dr Mchugh St N Loomis Ave N Sherwood St Mulle i n D r Alta Vista St Whedbee St Linden St Oval Dr H o ffman M ill Rd Elm St Redwood St S Mason St E m igh S t Jero m e St Lind e n Center Dr Riverside Ave N Lemay Ave Laporte Ave S College Ave 9th St W Laurel St E Mountain Ave S Mason St W Mountain Ave N Mason St Jefferson St N College Ave SSt Howes St N Howes E Lincoln Ave E Mulberry St E Vine Dr S Lemay Ave Remington St ÕZYXW ³I 1 inch = 1,320 feet 0 0.125 0.25 0.5 Miles © Downtown Proposed Development Boundary Expansion Authority Legend Parcels Proposed Inclusion DDA Boundary Printed: June 07, 2013 Amended: March 19, 2013 154 of 390 Neighbor to Neighbor: Rent Assistance $30,000 $30,000 $0 100% Project Self-Sufficiency: Services for Single Parent Families $33,000 $33,000 $0 100% Rehab. & Visiting Nurse Association: Home Health Care Scholarships $40,000 $35,000 $5,000 88% 72 of 390 unanimously to withdraw the funding recommendation based on the HUD information. The Commission stated they encourage JAG Properties to submit a funding proposal during the 2013 Fall Competitive Process where HOME and Affordable Housing Funds are available. JAG will be eligible to receive both sources of funds. 71 of 390 ENVIRONMENTAL IMPACTS Affordable housing programs help provide for a healthy environment. By offering affordable housing options for lower income people, more of Fort Collins’ work force can live in the community instead of being forced to live outside the community and commute into the city for work. This helps reduce traffic congestion and, thus, improves air quality. 70 of 390