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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/07/2014 - COMPLETE AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting January 7, 2014 Proclamations and Presentations 5:30 p.m. A. Declaring January as Radon Action Month Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ● State your name and address for the record ● Applause, outbursts or other demonstrations by the audience is not allowed ● Keep comments brief; if available, provide a written copy of statement to City Clerk Address your comments to Council, not the audience. CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the December 17, 2013 Regular Council Meeting. The purpose of this item is to approve the minutes from the December 17, 2013 Regular Council meeting. 2. Second Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. This Ordinance, unanimously adopted on First Reading on December 17, 2013, updates the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the City of Fort Collins Page 3 changes posted in the Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR has not increased. 3. Second Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. This Ordinance, unanimously adopted on First Reading on December 17, 2013, deletes a City Code provision requiring that the title of any ordinance placed on the consent calendar be read prior to action by the Council on the consent calendar. 4. Second Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. This Ordinance, unanimously adopted on First Reading on December 17, 2013, declares parcels of City-owned property located at the southwest corner of Timberline Road and Prospect Road that is currently used and planned to be used in the future as Timberline Road, as public road right-of-way. 5. Second Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the use eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). As a federally funded transportation project, this acquisition will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 6. Items Relating to the Mail Creek Crossing Annexation and Zoning. A. Second Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on December 17, 2013, annex and zone 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The proposed zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. 7. Second Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 405 Linden Street, currently owned by the Fort Collins Housing Authority. 8. Second Reading of Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way. This Ordinance, unanimously adopted on First Reading on December 17, 2013, amends the effective date of the new City Code provisions that expanded the application of the smoking City of Fort Collins Page 4 ordinance to outdoor serving areas. The Ordinance establishes a “phase-in” or delayed implementation date for outdoor service areas that are not within or adjacent to sidewalks or other public rights-of-way, in an effort to limit the negative impact of Ordinance No. 158, 2013, on affected businesses. 9. First Reading of Ordinance No. 001, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Gardens on Spring Creek. The purpose of this item is to appropriate a total of $76,000 in grant funding received by the Gardens on Spring Creek. 10. First Reading of Ordinance No. 002, 2014, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $400,000 to the Senior Center Expansion Project. The additional funding is money raised by the Senior Center Expansion Committee. These funds will be used to provide improvements to the expansion project for items requested by facility staff and users; including completion of the Multi-purpose room as an education center. 11. First Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties. The purpose of this item is to adjust the maximum fines Municipal Court may impose so they are consistent with state law. 12. First Reading of Ordinance No. 004, 2014, Authorizing the Execution of a New Intergovernmental Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule, Ratifying Fee Changes and Collections Made in the Past, and Amending Section 7.5- 85(d) of the City Code Pertaining to the Remittance to the County of the Collected Fees. The purpose of this item is to execute a new Intergovernmental Agreement (IGA) with Larimer County that allows for the collection of a Regional Road Fee at the time of development. The Ordinance adopts a fee schedule and ratifies past fee changes and collections and also amends Section 7.5-85(d) of the City Code pertaining to the remittance of the fee. 13. Items Relating to the Kechter Farm Annexation and Zoning. A. Resolution 2014-001 Setting Forth Findings of Fact and Determinations Regarding the Kechter Farm Crossing Annexation. B. Hearing and First Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. This is a request to annex and zone 88.21 acres located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently in the County’s development review process. Within the first phase, there is a 2.85 acre commercial area, City of Fort Collins Page 5 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The annexation of this property will create an enclave, which will affect approximately 180 acres of land to the north and west of the subject annexation. 14. First Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City-Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years. The purpose of this item is to lease 4,446 square feet of City-owned property to a non-profit cafe. Feeding Our Community Ourselves, Inc. ("FoCo") wishes to lease a portion of 225 Maple Street to house a non-profit café with a minimal food processing facility. The total yearly lease payment for the property will be at least $16,900. The term of the lease shall be for five years. With this lease, FoCo will have the option to terminate at any time upon a 90-day advanced written notice to the City. FoCo will be responsible for its remodel, taxes, all utilities, communication services, trash services and janitorial services. 15. Resolution 2014-002 Making Appointments to the Energy Board. The purpose of this item is to correct an omission that occurred in Resolution 2013-107 that made annual appointments to various boards, commissions, and authorities. Two appointments to the Energy Board were not included in that Resolution. Councilmembers Gino Campana and Ross Cunniff recommend the appointment of Philip Friedman and Michael Doss to the Energy Board. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS a. Community Liaison Program Report. COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 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. 16. Council Consideration of Text Amendment to the Community Commercial-Poudre River Zone District (C-C-R). (staff: Laurie Kadrich; 5 minute staff presentation; 10 minute discussion) The purpose of this item is to comply with Land Use Code (LUC) requirements that direct the Planning Director to submit any additions to the list of permitted uses to Council for consideration as a text amendment. If the Council disagrees with the staff recommendation, it should adopt a motion directing staff to prepare and present an ordinance to Council to amend the Land Use Code. 17. Resolution 2014-003 Making an Appointment to the Downtown Development Authority of the City of Fort Collins. (staff: Wanda Nelson; no staff presentation; 10 minute discussion) The purpose of this item is to address the vacancy that exists on the Downtown Development Authority (DDA). CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS a. Council will consider adjourning into executive session. ADJOURNMENT a. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, January 14, 2014. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, January is National Radon Action Month and all Fort Collins residents are strongly encouraged to test their homes for radon; and WHEREAS, radon is a naturally occurring, colorless and odorless radioactive gas that is the second leading cause of lung cancer in the United States, contributing to as many as 500 lung cancer deaths in Colorado each year; and WHEREAS, any home may have high levels of radon - even if neighboring homes do not - and elevated levels pose a serious health threat to residents; and WHEREAS, approximately 70 percent of Fort Collins homes have radon levels in excess of the EPA recommended action level: and WHEREAS, radon testing is easy and inexpensive, and Fort Collins residents can test their homes using low-cost test kits available at the Senior Center and the Development Review Center; and WHEREAS, all Fort Collins residents are encouraged to protect their families from the serious health risks associated with radon by reducing any elevated radon levels found in their homes, which can be effectively accomplished for the price of a typical home repair; NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim January 2014 as “RADON ACTION MONTH” IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 7 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the December 17, 2013 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the December 17, 2013 Regular Council meeting. ATTACHMENTS 1. December 17, 2013 minutes (PDF) Packet Pg. 8 December 17, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 17, 2013, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry announced Transfort received the 2013 Large Transit System of the Year by the Colorado Association of Transit Agencies and commended the service. City Manager Atteberry stated Item No. 23, Resolution 2013-108 Accepting Advisory Opinion and Recommendation No. 2013-04 of the Ethics Review Board, has been removed from the agenda. Additionally, Item Nos. 24-27 relating to the Mall redevelopment have been postponed to an adjourned meeting on January 14, 2014, as has the related Urban Renewal Authority meeting. He also stated Resolution 2013-112 Making an Appointment to the Economic Advisory Commission is now discussion item No. 29. Citizen Participation Eric Sutherland, 3520 Golden Currant, opposed letters sent to Fort Collins residents warning of electric and water shut-offs related to new meters. Cheryl Distaso, Fort Collins Community Action Network, thanked Josh Birks for providing information related to the Mall business assistance package, thanked the Bicycle Office for providing free bike lights, and asked about the placement of the standard operating procedures relating to Police body-worn cameras on the City’s website. Additionally, she requested the postponement of the Police Chief’s meeting regarding the topic until after CSU students return from winter break. Ms. Distaso also discussed the mosquito spraying issue. Tatiana Martin, Fort Collins resident, supported the release of the current covenant relating to the property at 405 Linden Street and thanked Council for its support of affordable housing in the community. Packet Pg. 9 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 450 Citizen Participation Follow-up Mayor Pro Tem Horak requested staff input regarding the mosquito spraying issue. City Manager Atteberry replied the concerns have been heard. Dan Weinheimer, Policy and Project Manager, replied the first meeting of the Technical Advisory Committee has been held and four more meetings are scheduled prior to the presentation of a recommendation to Council at the March 18 Council meeting. City Manager Atteberry noted the next meeting will not be held until additional committee members are in place. Councilmember Cunniff requested information regarding the placement of the body-worn camera standard operating procedures on the website. City Manager Atteberry replied Chief Hutto has rescheduled the meeting date for the end of the month and stated the standard operating procedures should be placed on the website soon, assuming Chief Hutto does not find any reason they should not be made public. Councilmember Cunniff requested information regarding Mr. Sutherland’s accusation that Campus Crest is profiteering on its electric rates. City Manager Atteberry replied Mr. Sutherland has suggested his comments were disregarded by staff and he took exception to Mr. Sutherland’s use of the word “bullying.” He noted he has followed up with staff and has called Mr. Sutherland personally to let him know his concerns were heard and the item will be coming before Council. Steve Catanach, Light and Power Operations Manager, replied the City’s Code has a provision on master metering that prevents anyone from marking up the sale of electricity. The cost is allowed to be included in rent, but electricity cannot be resold. He added staff will further investigate the specific project. Councilmember Cunniff requested information regarding the potential adjustment to building codes to require appliances that may work better with AMI infrastructure. Catanach replied his staff has just sent a contract for its demand response program, part of which will involve work with apartment managers to install equipment in apartments. Councilmember Troxell noted developments are getting the AMI meters as part of their metering infrastructure. City Manager Atteberry stated the meeting regarding body-worn cameras was originally scheduled for January 9, but has been rescheduled to Thursday, January 30 in the Coloradoan Community Room at 7:00 p.m. CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the November 19 and December 3, 2013 Regular Council Meetings and the November 12 and November 26, 2013 Adjourned Meetings. Packet Pg. 10 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 451 The purpose of this item is to approve the minutes from the November 19 and December 3, 2013 Regular Council meetings and the November 12 and November 26, 2013 Adjourned meetings. 2. Second Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. Only funds received from the State of Colorado lottery proceeds can be deposited in and expensed from the Conservation Trust Fund. Grants, contributions and interest earnings tied to these revenues cannot be commingled with the lottery proceeds. This Ordinance, unanimously adopted on First Reading on December 3, 2013, transfers the interest earnings, grants, and contributions from existing projects in the Conservation Trust Fund into projects in the Capital Projects Fund. $13,808 of prior year reserves in the Conservation Trust Fund will be appropriated for transfer to the Capital Projects Fund, and $1,084,261 of existing appropriations will be transferred from Conservation Trust Fund projects to projects in the Capital Projects Fund. 3. Second Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. This Ordinance, unanimously adopted on First Reading on December 3, 2013, appropriates $1,118,000 for the costs associated with the flood that occurred in September 2013. Of that total, $1,012,000 is for the incremental costs that are eligible under the Federal Emergency Management Agency’s (FEMA) Public Assistance Program. In general, FEMA reimburses about 75% of eligible costs. The State of Colorado has agreed to cover half of the portion not paid by FEMA. The other $106,000 is for City assistance provided to Estes Park. They will reimburse the City 100% and seek reimbursement from FEMA for up to 75%. 4. Second Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. This Ordinance, unanimously adopted on First Reading on December 3, 2013, approves additional spending in the General Employee Retirement Trust Fund. At the time of retirement, qualified persons have the option to elect monthly payments or one-time cash out. Using historical data, the actuary estimates that 30% of future retirees will elect a single-sum payout. The 2013 budget made the same assumption. Retirees electing cash outs this year have exceeded the assumed election rate. 5. Second Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. This Ordinance, unanimously adopted on First Reading on December 3, 2013, amends the City Code to limit the option for vendors to file consolidated sales and use tax returns for multiple locations. Packet Pg. 11 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 452 6. Second Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City's Water Utility. This Ordinance, unanimously adopted on First Reading on December 3, 2013, amends City Code to discontinue the practice of water right banking. In order to meet the water needs of new development or redevelopment within the Water Utility service area, developers are assessed a Raw Water Requirement (RWR). Current City Code allows water rights to be submitted to the Water Utility even when no water service permit is needed, in exchange for credit that can be used for later satisfaction of the RWR. Although this banking practice was helpful in the past, it is less helpful now and makes managing these water rights difficult. The proposed City Code changes discontinue the practice of banking water right credits, but continue to allow the practice of conveying acceptable water rights for developments at the time a RWR is assessed. 7. Second Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. This Ordinance, unanimously adopted on First Reading on December 3, 2013, ensures that the Fort Collins Traffic Code (the “Traffic Code”) is consistent with state traffic laws. The Ordinance implements amendments identified by staff that would make the Traffic Code more consistent and provide more effective and efficient local enforcement. Changes were made between First and Second Reading to Section 508(1)(d). These changes were made to conform the Traffic Code language to the 2013 Colorado Legislature’s amendments. 8. Second Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right- of-Way Between Foothills Parkway and Monroe Drive. Ordinance No. 173, 2013, unanimously adopted on First Reading on December 3, 2013, vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973. This Ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. 9. Second Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. City Council met in Executive Session on November 12, 2013 to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance establishes the 2014 salary of the Municipal Judge at $105,159. 10. Second Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. Packet Pg. 12 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 453 City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney at $179,093. 11. First Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. The purpose of this item is to update the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR has not increased. 12. First Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. The purpose of this item is to delete a City Code provision requiring that the title of any ordinance placed on the consent calendar be read prior to action by the Council on the consent calendar. 13. First Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. The purpose of this item is to declare a strip of property owned by the City as road right-of- way that is currently used and planned to be used in the future as Timberline Road. The City owns parcels of property located at the southwest corner of Timberline Road and Prospect Road. In 2005, the City constructed interim intersection improvements which widened Timberline Road across a portion of the City’s property. Staff anticipates constructing the ultimate improvements for Timberline Road in 2015, which will further widen Timberline Road on the City’s property. This Ordinance officially establishes this portion needed for Timberline Road on the City’s property as public road right of way. 14. First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. The purpose of this item is to obtain City Council authorization to utilize eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). This acquisition interest was identified more than a year ago, but was placed on hold to combine with any other newly identified acquisition interests. No further interests were identified and this will be the final acquisition necessary for the MAX Project. As a Packet Pg. 13 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 454 federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 15. Items Relating to the Mail Creek Crossing Annexation and Zoning A. Resolution 2013-103 Setting Forth Findings of Fact and Determinations Regarding the Mail Creek Crossing Annexation. B. Hearing and First Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. This is a request to annex and zone 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Mail Creek is a residential development containing 137 single family homes; the requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. Mail Creek Crossing does not create an enclave. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. 16. First Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. The purpose of this item is to obtain authorization from City Council to release the Agreement of Restrictive Covenants Affecting Real Property for the property located at 405 Linden Street, currently owned by the Fort Collins Housing Authority. 17. Resolution 2013-104 Amending the Master Street Plan Relating to the Intersection of Conifer Street and College Avenue and Relating to Sunchase Drive and Carriage Parkway. Packet Pg. 14 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 455 The purpose of this item is to present two proposed amendments to the Master Street Plan. The first involves a change to the configuration of the intersection of College Avenue and Conifer Street. The second amendment is a mapping clarification to correctly identify Carriage Parkway as the north/south collector street between Mulberry and Prospect. 18. Resolution 2013-105 Adopting the 2013 Update to the Three-Mile Plan for the City of Fort Collins. The purpose of this item is to update the Three-Mile Plan for the City of Fort Collins, Colorado (Plan). The Plan is a policy document for coordinating future annexation and provision of services, required to be updated annually per Colorado Revised Statutes. Section 31-12-105 of the State Statutes requires that cities complete a plan within three miles in any direction from any point of its municipal boundary. The Plan describes the general location, character, utilities, and infrastructure for areas of potential annexation. This State required annual update is routine and recurring and highlights the 2013 changes to approved plans and other documents applicable to those areas defined in the State Statutes. There are very few changes in this year’s annual update from 2012’s update. 19. Resolution 2013-106 Approving Change Orders to the Contract For the Senior Center with the Neenan Company as an Exception to the Competitive Purchase Process and to Incorporate the Additional Funds Appropriated to the Project. The purpose for this item is to sole source the additional scope of work to be added as part of the Senior Center Expansion project. The initial contract price for the “design-build” contract awarded to The Neenan Company for the Senior Center Expansion project was $4,383,702. Since the contract award, it has become necessary to incorporate additional work into the contract. The Purchasing Agent has determined it would be more efficient and cost-effective to award the additional work to the Neenan Company through change orders to the existing contract, the total of which exceeds $200,000. Pursuant to Section 8-161(c)(1) of the City Code, if the total cost for change orders to an existing contract exceeds fifteen percent (15%) of the contract price-- $657,555, in this instance -- the Purchasing Agent must use the competitive purchasing process to award the additional work. Section 8-161 (d)(3) of the City Code allows an exception to the competitive purchasing process upon specific findings by the Purchasing Agent, submission of a request to the City Manager, and approval by City Council for any procurement which exceed Two Hundred Thousand Dollars ($200,000.00). City Council previously appropriated additional funds for the Senior Center project in Ordinance No. 145, 2013 on November 5, 2013. This Resolution seeks City Council’s approval of an exception to the competitive purchasing process in this instance in order to incorporate change orders into the Senior Center project, and to apply appropriated funds to the cost of those change orders. Packet Pg. 15 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 456 20. Resolution 2013-100 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. The purpose of this item is to approve a bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP). The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2014 and 2015. City staff and the FOP have tentatively reached an agreement. On November 11, 2013, bargaining unit members voted to ratify the proposed agreement. 21. Resolution 2013-107 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins. The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of boardmembers and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and vacancies will be readvertised as needed. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 2. Second Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. 3. Second Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. 4. Second Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. 5. Second Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. 6. Second Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City's Water Utility. 7. Second Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. Packet Pg. 16 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 457 8. Second Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right- of-Way Between Foothills Parkway and Monroe Drive. 9. Second Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. 10. Second Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. 30. Second Reading of Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. Ordinances on First Reading were read by title by City Clerk Nelson. 11. First Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. 12. First Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. 13. First Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. 14. First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. 15. Items Relating to the Mail Creek Crossing Annexation and Zoning B. Hearing and First Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. 16. First Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. 22. First Reading of Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way. Packet Pg. 17 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 458 Councilmember Overbeck withdrew Item No. 21, Resolution 2013-107 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins, from the Consent Calendar. Eric Sutherland, 3520 Golden Currant, withdrew Item Nos. 10 and 14, Second Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney, and First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Troxell, Weitkunat, Cunniff, Campana, Overbeck, Poppaw and Horak. Nays: none. THE MOTION CARRIED. Councilmember Reports Mayor Pro Tem Horak reported on the Platte River Power Authority meeting during which its 2014 budget and strategic plan were passed. Additionally, he reported on the Poudre Fire Authority meeting during which concern regarding future ambulance service was discussed. Councilmember Troxell reported on the City-CSU Liaison Committee meeting during which marijuana use and new off-campus housing were discussed. Mayor Weitkunat reported on the Council Finance Committee meeting during which the Road to Zero Waste was discussed, as was the creation of the City’s financial policies manual and the City’s auditing practices. Additionally, she reported on the Colorado Municipal League Board meeting during which the 2014 calendar was set and the legislative agenda was discussed. She announced Council will be meeting with Colorado State Legislators at the Lincoln Center on Monday, December 23. Mayor Weitkunat also reported on her trip to Washington D.C. for the Task Force on Climate Preparedness and Resiliency. Resolution 2013-107 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of boardmembers and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. Packet Pg. 18 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 459 This Resolution does not fill all vacancies. Interviews are continuing, and vacancies will be readvertised as needed. BACKGROUND / DISCUSSION Section 1 of this Resolution makes 5 appointments to 4 boards and commissions to fill current vacancies with terms to begin immediately. Names of those individuals recommended to fill current vacancies have been inserted in the Resolution with the expiration date following the names. Section 2 of this Resolution makes 50 appointments to 22 boards and commissions to fill expired terms to begin on January 1, 2013. Names of those individuals recommended to fill expired terms have been inserted in the Resolution with the expiration date following the names.” Councilmember Overbeck questioned the length of time some citizens have served on boards or commissions. Councilmember Cunniff noted each board does have term limits; however, there have been several individuals who return for multiple terms. He stated he values the continuous service and is comfortable with the board recommendations as is. Councilmember Campana stated he is comfortable with the board recommendations as is. City Attorney Roy noted all boards have the same term limitations; no member shall serve more than two consecutive terms, each of which could include the balance of an unexpired term served by a person appointed to fill a vacancy. He stated there is no limitation on the number of different boards upon which an individual can serve, nor is there a requirement that there be an interruption in service between one board and another. Councilmember Troxell stated this discussion should be held as boards and commissions are evaluated. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2013-107. Councilmember Campana stated his recommendations are based more on qualifications and passion rather than time served. Councilmember Overbeck agreed community commitment is critical; he noted he simply wanted to bring the topic forward for discussion. Mayor Pro Tem Horak stated he would support the Resolution and stated the discussion was unnecessary. Packet Pg. 19 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 460 Mayor Weitkunat noted the willingness to serve and be involved are of utmost importance. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to amend the effective date of the new City Code provisions that expanded the application of the smoking ordinance to outdoor serving areas. The Ordinance would establish a “phase-in” or delayed implementation date for outdoor service areas that are not within or adjacent to sidewalks or other public rights-of-way, in an effort to limit the negative impact of Ordinance No. 158, 2013, on affected businesses. BACKGROUND / DISCUSSION When City Council adopted Ordinance No. 158, 2013, regarding expansions to the smoking ordinance, some business owners expressed concerns about the potentially negative impact the Ordinance might have on their businesses. Implementation of the ordinance was moved from January 1, 2014 to January 17, 2014 so staff could bring an option for Council consideration to phase-in implementation of the Ordinance in an effort to limit the negative impact on certain businesses. Some businesses have patios located away from the public right-of-way or public sidewalks, so smoking on their patios does not impact the general public or passersby. While the overall intent of the Ordinance is to protect the health of anyone exposed to secondhand smoke in these outdoor areas, the immediate concern is for members of the public who have not chosen to enter a patio that allows smoking. For this reason, the implementation date of January 17, 2014, as adopted by Council, should apply to all patios located within the public right-of-way or adjacent to public sidewalks. Some patios that currently allow smoking are situated away from the public right-of-way and are not adjacent to public sidewalks, so secondhand smoke generated from those patios does not impact the general public or passersby. The perception is that people affected by secondhand smoke on these patios are there by choice. In an effort to limit the negative impact to these Packet Pg. 20 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 461 businesses, Council may choose to phase-in or delay the effective date of implementation specifically for patios located away from and not adjacent to public right-of-way or public sidewalks. Feedback received from some of the businesses regarding a time frame that would limit the negative impact to their businesses includes either waiting until when/if Council chooses to ban smoking in the Old Town area (preferred) or delaying implementation until end of spring. Staff does not recommend waiting to delay implementation until when/if Council chooses to ban smoking in Old Town because there currently is not enough information to know when or if this will actually occur. Staff recommends a reasonable delay of six months. This would give businesses time to get through the winter months and develop a marketing plan to limit negative impacts. Staff is open to Council’s recommendation on the delayed implementation date. FINANCIAL / ECONOMIC IMPACT This could limit the financial/economic impact to certain businesses. ENVIRONMENTAL IMPACT This will improve air quality by eliminating secondhand smoke in these outdoor dining areas. PUBLIC OUTREACH Staff discussed this with the businesses who identified themselves as having patios located away from the public right-of-way or public sidewalks to get feedback regarding what time frame would be helpful to them. As indicated above, their preferred option would be to delay implementation until City Council chooses to ban smoking from the Old Town area. If this option was not possible, they indicated that at least waiting until the end of spring would be helpful.” Beth Sowder, Neighborhood Services Manager, stated this Ordinance would provide a phased implementation date for the new outdoor smoking Ordinance in an effort to limit the negative impact on certain businesses which have outdoor areas that do not abut the public right-of-way or public sidewalks. She stated the affected businesses would prefer to have this Ordinance go into effect when Council bans smoking in all of Old Town, or until spring. Staff is of the opinion that a six-month delay could be reasonable. Polly Lauridsen, Compliance Supervisor, presented some photos of the affected businesses, some of which would be included in the January implementation, and some of which would be included in the recommended June implementation. Ben Pert, Tony’s Operations Manager, discussed the smoking patio situation at Tony’s and supported the six-month phase-in period. Dimitri (last name indiscernable), Tony’s owner, supported the six-month phase-in period. Packet Pg. 21 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 462 Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 186, 2013, on First Reading. Mayor Pro Tem Horak supported the phase-in period for those businesses which have smoking areas that are not adjacent to public areas. He commended Tony’s staff for their willingness to work with the City on the issue. Councilmember Cunniff supported the motion. Councilmember Overbeck commended Tony’s staff and supported the motion. The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Campana, Poppaw, Cunniff, Overbeck and Horak. Nays: none. THE MOTION CARRIED. Resolution 2013-111 Establishing a Waste Diversion Policy, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is for Council to consider passing new waste reduction goals: 1. Zero Waste by 2030, achieving interim levels of 75% by 2020 and 90% by 2025 2. Per capita waste generation levels of 2.8 pounds/day by 2025 Now that the Fort Collins community has reached a 50% waste diversion level (based on 2012 data), “next steps” to be taken must systematically and deliberately aim at new ways to manage the community’s discards. Six months of extensive community involvement produced a significant amount of public input and evidenced strong support for a goal of Zero Waste. A “The Road to Zero Waste Plan” was prepared that calls for a departure from traditional thinking and landfill technology. BACKGROUND / DISCUSSION The roadmap for Fort Collins to follow in pursuit of higher levels of waste diversion calls for significant “culture change” and new operational (community, regional and private sector) investments. By adopting new, far-sighted goals, Fort Collins will signal commitment and support for Zero Waste, a message businesses need to hear in order to make long-term investments in new facilities. Four types of facilities are needed to fill gaps in the local/regional system and capture more discards; commercial composting for organics, including food scraps; construction and demolition (C&D) sorting yard; glass sorting facility; and re-use warehouse. Packet Pg. 22 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 463 The combined cost of $12-17M in community and regionally-shared investments will help avoid the need for building new landfills in the future, estimated at $20-80M. The City’s share in implementing the Plan over the next 10 years would be through a mix of ordinances that set higher standards - and create a level “playing field” - and new programs that: establish Zero Waste grant/loans; carry out robust education and outreach; and, create a re-use warehouse. One option for funding new programs is through the biannual Budgeting for Outcomes process; another option is a proposed new "Recycling Education and Reinvestment” fee. The Road to Zero Waste Plan describes community values to best guide future decisions, with an emphasis on choice and diversity. Fort Collins seeks to: implement mutually beneficial actions to support multiple principles and policies; look for diverse solutions to optimize recovery of discards; and, build on our open competitive, market economy to foster more entrepreneurial investments in new programs, facilities and services. In addition, opportunities to recycle should be universally available to citizens and businesses. The Plan shows that the City’s primary role lies in helping to improve conditions for recycling and waste reduction activities by adopting clear goals. The City can also show direction by facilitating, supporting market activities by acting as a convener and catalyst, and educating (about) and enforcing codes that are adopted, building on the successful approach applied over the past 20 years with Fort Collins’ Pay-as-you-throw (PAYT) ordinance. In Colorado, Boulder and Summit Counties and the town of Telluride have adopted Zero Waste goals. Other U.S. communities that have adopted this approach include Austin, Dallas, San Antonio, Seattle, Chicago, Los Angeles, San Jose, Sacramento, Burbank, Glendale, Oceanside, Santa Monica, Alameda City, Culver City, Sunnyvale, Mountain View, Oakland, San Francisco, Berkeley, San Diego, and Palo Alto. Anticipated 2014 Actions A starting point for the Plan is to bring forward an ordinance that limits the use of disposable shopping bags. Amendments to the Universal Building Code in 2014 to expand recycling requirements for construction sites, remodeling jobs, and demolition work will be supported by the Plan. The schedule for 2014 also calls for evaluation of a possible monthly fee on households and businesses. Revenue may alternatively come through the Budgeting for Outcomes process. The initial focus for the education and reinvestment fund would be to create a Zero Waste grants and loans program. The City will seek opportunities to collaborate and cooperate with neighboring agencies, including the City of Loveland and Larimer County, in creating a regional Zero Waste Plan. Packet Pg. 23 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 464 Anticipated 2015-16 Actions The City will look at a variety of new actions to implement the Road to Zero Waste Plan in 2015- 16, including planning for how to expand the new integrated recycling facility to better serve as Resource Recovery Park. The City’s own policies for reducing waste through purchasing decisions will be evaluated, and a policy framework for the “highest and best use” of materials will be developed to give specific guidance for the use of waste conversion technology in managing the community’s discards. Amendments to the PAYT ordinance will be brought forward to give single-family customers the opportunity to request the optional service of curbside composting (yard/garden organics) from their trash/recycling company, and to extend recycling for all multi-family residents. New bans will be brought forward to prohibit materials from landfill disposal, starting with source- separated construction and demolition materials, and followed by yard trimmings. Work on creating composting facilities in close proximity (20 miles from Fort Collins) will be initiated, with special attention on helping to develop the infrastructure to allow food scraps to also be collected for composting and/or digestion facilities. Development of a re-use warehouse will also be considered during the 2015-16 timeframe, along with a regional glass sorting facility. FINANCIAL / ECONOMIC IMPACT At the November 26, 2013 Work Session, staff was asked to provide a detailed implementation plan and a financial pro forma to illustrate how specific decisions about funding could be made over the next five years. An analysis has been developed (Attachment 3) that shows incremental costs and revenues for new City programs as well general/directional information about costs and revenues that will result from new private sector programs, and the sequence in which actions are recommended to be taken. For subscribers of curbside collection services, service options would expand over a period of 5- 6 years, from today's recycling + trash collection, to a combination of recycling + trash + organics (compostables) collection; as result, subscription rates would change. The Plan emphasizes the need for giving hauling companies more flexibility to design their rates beyond the linear rate structure prescribed in the Pay-as-you-throw Ordinance so that they are able to adjust their rates to accommodate new services. The City is only able to estimate what changes may occur. From a very general perspective, we may anticipate that for the largest-level households (those with 95-gallon trash carts collected weekly), costs for the new triple-stream service could increase by an estimated 20%; the same customer could elect to down-size to a 64- gallon trash cart and save 16% on their current costs. Among customers already at low-volume trash levels, costs could increase by an estimated 26% (from about $11/month to $13.83) by adding compost collection. The Plan recommends that the decision whether to add compost service would remain the choice of the customer, who could choose to opt-out. Both small and large businesses would also have the prerogative to subscribe to composting services. Packet Pg. 24 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 465 The recommendation in the Plan for bringing trash/recycling haulers' business customers under the Pay-as-you-throw Ordinance represents a major new direction in how commercial services are provided and changes would occur to these customers' rates. Charging for the volume of trash, as prescribed by PAYT, would increase businesses' trash bills. It also motivates businesses to look for more waste reduction and recycling measures to apply, along the lines of what local business leaders like New Belgium Brewery, Hewlett-Packard, Woodward Governor, Anheuser-Busch, and Intel have done. These Zero Waste businesses are able to demonstrate savings to their bottom line that accrue by reducing waste and down-sizing on their trash removal services. The Road to Zero Waste Plan categorizes - as commodities - materials that routinely “flow” into local landfills from Fort Collins (140,000 tons of trash in 2012), establishing that nearly $6.5 M in value could potentially be recovered annually. New revenues from sales of recovered commodities will stimulate the economy and additional jobs will be created that provide local employment. Zero Waste initiatives for new businesses and for reinvestment in the local economy are linked to the Economic Health Strategic Plan and support for the Innovation Ecosystem. As start-up companies enter the market and as existing recycling/reuse/composting businesses expand in response to Zero Waste policies set by the City, an estimated 400 jobs will eventually be developed. As an example of how markets respond to local goals, three composting companies started up business in Austin after the community adopted a Zero Waste plan. Constructing new recycling facilities to fill the gaps in the local infrastructure for composting, C&D sorting, glass sorting, and a re-use warehouse is estimated to cost a total of $12-$17M. Investments made by the private sector would be repaid through fees for services in the rates charged for services. Investments in new ways to divert material from landfill disposal will help postpone or avoid substantial costs to the community of replacement. The overall net costs for implementing new Road to Zero Waste initiatives cost more than implementing no plan; however, over the long term, these costs are going to be lower than the costs for constructing a new landfill. Funding for new City programs could come from the General Fund as a Budgeting for Outcomes decision, or as a proposed monthly fee projected to be approximately $0.65 per household and business per month ($7.80 annually). ENVIRONMENTAL IMPACT Diverting waste materials from landfill disposal and putting them to beneficial secondary uses provides a number of environmental benefits to which the City’s strong recycling policies and programs directly contribute. The ability to recover forest products, plastics, metals, and manufactured goods and put them to beneficial use dramatically reduces “upstream” impacts caused by destructive mining and logging practices; drilling and resource extraction; and, industrial production activities such as chemical treatment and smelting. Less energy and water is necessary when remanufacturing occurs compared to using virgin materials, and less air and Packet Pg. 25 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 466 water pollution occurs. Scarce forest and jungle ecosystems can be conserved when minerals and elemental metals that have already been removed from the ground are introduced back into manufacturing. By creating a local system for recycling organics such as food scraps, yard trimmings, and wet or soiled paper, compost becomes more widely used as a soil supplement; landscaping and gardening efforts are rewarded by increased water retention and lower irrigation needs, healthier plants, and less reliance on chemical fertilizers. Of great significance to the Fort Collins community's concerns regarding climate change, greenhouse gas emissions are avoided by taking a Zero Waste approach; it reduces future landfill methane emissions, and reduces “embedded” carbon dioxide by saving energy compared to using virgin materials for manufacturing purposes. BOARD / COMMISSION RECOMMENDATION At its November 20, 2013 meeting, the Natural Resources Advisory Board unanimously passed a motion recommending Council adopt Zero Waste goals (Attachment 4). The Energy Board, Economic Advisory Board, and Air Quality Advisory Board also reviewed the Road to Zero Waste and provided comments in support of taking a Zero Waste approach. PUBLIC OUTREACH City staff applied a comprehensive six-month process to involve the public in discussions about new goals for the Fort Collins community and obtain public input (Attachment 5). Five open house events were held and more than 250 people attended at least one of these “Community Conversations” to engage in discussion. A website <http://www.fcgov.com/zerowaste> (www.fcgov.com/zerowaste) was installed where information about the planning process and updates were posted, Community Conversation videotapes were linked, and online comment forms were available to fill out. City staff and the consulting team met with key boards to discuss the Road to Zero Waste project, as well as the Council Futures Committee. Numerous interviews with stakeholders and site visits were conducted, and as part of the project, a workshop was held for ClimateWise partners to discuss innovations in the business sector for reducing waste. Finally, a small, informal Working Group was invited to participate as a “sounding board” for the staff and consulting team throughout the six-month process. The group, representing a cross-section of different stakeholders, provided knowledgeable input as the Road to Zero Waste Plan developed.” Bruce Hendee, Chief Sustainability Officer, discussed the Road to Zero Waste budget officer and the process of developing this Policy, which is a broad vision document. He noted staff will return with specific program ideas and budgets in the coming years. Susie Gordon, Senior Environmental Planner, discussed the community process used in developing this Policy and the proposed ambitious goal of 2.8 pounds of waste per capita per day. Additionally, she described the concept of Zero Waste and discussed the primary items which still go to the landfill. Gordon noted there is a growing interest in composting yard and food waste and went on to discuss funding sources. She stated new services discussed include a Packet Pg. 26 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 467 commercial composting facility and a construction and demolition recycling facility. Eric Sutherland, 3520 Golden Currant, commended the City’s trash haulers and recycling businesses. He opposed the expenditure of funds for consultants and studies and stated those businesses doing the work should be consulted with those funds. Bob Mann, 520 North Sherwood, Natural Resources Advisory Board, supported the consultants used in this project and noted they went door-to-door to speak with the businesses and noted they tied their recommendations to City Plan. Additionally, Mr. Mann supported this item. Mayor Weitkunat requested additional information regarding the landfill. Gordon replied staff has yet to discern what Larimer County Commissioners will decide; however, the County has purchased a parcel of land near Wellington as a potential new landfill site. The County could potentially also develop a transfer station at the existing landfill. Mayor Weitkunat stated there are other pieces of information, such as the transfer station, which should have been included in this discussion. Gordon discussed the private landfill in Ault as another option. Councilmember Cunniff asked about the status quo. Lucinda Smith, Environmental Sustainability Director, replied the status quo reflects increase tipping fees over time, which could occur with building a new landfill or increasing tipping fees at the existing landfill. Councilmember Cunniff commended the outreach to boards and commissions and stated the goal is reasonable. Councilmember Troxell stated he would support the item; however, he expressed concern regarding a landfill fixation as opposed to a resource opportunity. He stated the City should be more citizen-oriented than City program-oriented. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2013-111. Councilmember Campana stated he would support the motion and stated the decision cannot be made solely based on equating cost, but also on being good stewards. He commended staff work. Councilmember Overbeck stated he would support the motion and commended staff work on the item. Councilmember Troxell supported the idea of regional partnership. Mayor Pro Tem Horak commended the work of the consultants. The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Campana, Cunniff, Packet Pg. 27 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 468 Overbeck and Troxell. Nays: none. . THE MOTION CARRIED. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Resolution 2013-112 Making an Appointment to the Economic Advisory Commission, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY Four vacancies currently exist on the Economic Advisory Commission due to the expiration of terms of members. By adopting Resolution 2013-112, Council has filled three of those vacancies. Mayor Weitkunat and Councilmember Cunniff were unable to reach an agreement on a recommendation to fill one vacancy on the Economic Advisory Commission. The Council interview team wishes to submit two names for Council's consideration for that position.” Mayor Weitkunat stated she and Councilmember Cunniff were unable to reach an agreement on a recommendation to fill one vacancy on the Economic Advisory Commission. She discussed the means of gathering citizen applicants and noted the disagreement had to do generally with time served on boards. She stated her recommendation is Bradley Florin, who would be a new Commission member, and Councilmember Cunniff’s recommendation is Linda Stanley, who has served on various boards and commissions since 1998. Eric Sutherland, 3520 Golden Currant, stated the citizen who understands the nexus between the activities of local government and the local economy should be selected. Councilmember Troxell made a motion, seconded by Mayor Weitkunat, to adopt Resolution 2013-112, appointing Bradley Florin to the Economic Advisory Commission. Councilmember Cunniff discussed Ms. Stanley’s qualifications and recommended her appointment. Councilmember Overbeck supported Ms. Stanley for the Commission appointment. Councilmember Troxell supported Mr. Florin’s appointment and discussed his qualifications. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to substitute Linda Stanley’s name for Bradley Florin’s name. Mayor Pro Tem Horak supported Ms. Stanley in order to add diversity and the ability to provide data and information to the Board. However, he stated he would support the qualifications of Mr. Florin should another opening occur. Packet Pg. 28 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 469 Councilmember Cunniff agreed with Mayor Pro Tem Horak. Councilmember Campana stated he City is fortunate to have so many qualified applicants. Councilmember Poppaw agreed with Councilmember Campana regarding the number of qualified applicants and thanked the applicants. The vote on the motion to amend was as follows: Yeas: Cunniff, Overbeck, Horak, Poppaw, Campana and Weitkunat. Nays: Troxell. THE MOTION CARRIED. Mayor Weitkunat stated she originally supported Mr. Florin in terms of giving new citizens opportunities to serve. Councilmember Troxell stated he would support the motion. The vote on the motion to appoint Linda Stanley was as follows: Yeas: Cunniff, Overbeck, Horak, Poppaw, Campana, Troxell and Weitkunat. Nays: none. THE MOTION CARRIED. The Council held a brief discussion regarding filling a vacancy on the Downtown Development Authority. Councilmember Cunniff stated he and Councilmember Overbeck had recommended seeking additional applicants and Mayor Weitkunat and others questioned why none of the current eight applicants were selected. Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in executive session on November 12, 2013 to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 178, 2013, adopted on First Reading on December 3, 2013 by a vote of 5-2 (Nays: Cunniff, Overbeck) establishes the 2014 salary of the City Manager at $237,708.” Packet Pg. 29 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 470 Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 178, 2013, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana and Poppaw. Nays: Cunniff and Overbeck. THE MOTION CARRIED. Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney at $179,093.” Eric Sutherland, 3520 Golden Currant, discussed TABOR and stated multi-year obligations of tax revenues cannot be made without a vote of the people. He opposed City Attorney Roy’s job of appraising Council of the law relating to this topic and others. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 177, 2013, on Second Reading. Mayor Pro Tem Horak noted the City Attorney’s job is different from that of the City Manager given Executive Sessions and other non-public advice provided by the City Attorney. He commended the work of the City Attorney. Councilmember Campana agreed with Mayor Pro Tem Horak. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Campana, Cunniff, Overbeck and Poppaw. Nays: none. THE MOTION CARRIED. Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Adopted on First Reading The following is the staff memorandum for this item. Packet Pg. 30 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 471 “EXECUTIVE SUMMARY The purpose of this item is to obtain City Council authorization to utilize eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). This acquisition interest was identified more than a year ago, but was placed on hold to combine with any other newly identified acquisition interests. No further interests were identified and this will be the final acquisition necessary for the MAX Project. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91- 646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. BACKGROUND / DISCUSSION The Mason Corridor Bus Rapid Transit Project, branded Mason Express or “MAX”, is a five mile, north-south byway which extends from the Downtown Transit Center on the north to the planned South Transit Center, south of Harmony Road. MAX will link major destinations and activity centers along the City’s primary transportation and commercial corridor including, “Old Town”, Colorado State University, Foothills Mall, and South College retail areas. In addition to greatly enhancing the City’s north-south transportation movement, MAX will be a significant catalyst for economic growth, both as a short-term stimulus and as a long-term development/re-development driver. The “MAX” system has a planned operation date of May 2014. The project is predominately located within the outside twenty-five feet of the east half of the Burlington Northern Santa Fe Railway (the “BSNF”) property, however, overall project right- of-way consists of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. The utility easement interest that is the subject of this agenda item will be the final acquisition necessary for the MAX Project. All other property interests, with the exception of several that are in process, have been acquired. Significant public outreach has occurred on this long standing project in many forms, including numerous open houses and direct communication with impacted property owners. To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, It is critical that the City have the ability to acquire the property interests in a timely manner. In addition, since this is a federally funded project, eminent domain must be authorized before staff is able to send to affected property owners the required Notice of Interest letter. Packet Pg. 31 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 472 Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if necessary, and only if good faith negotiations are not successful. It’s important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses. FINANCIAL / ECONOMIC IMPACT Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. PUBLIC OUTREACH The affected property owner has been contacted via certified mail and personally contacted by the City’s Real Estate Services Department.” Eric Sutherland, 3520 Golden Currant, opposed the original placement of this item on the Consent Calendar and stated the powers of condemnation cannot be conveyed from one public entity to another. He stated eminent domain runs contrary to law and opposed the Boxelder Stormwater Authority. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 182, 2013, on First Reading. Councilmember Troxell asked if anything related to this item pertains to the Boxelder Stormwater Project. Helen Matson, Real Estate Services Manager, replied in the negative. Councilmember Troxell asked how many real estate transactions and property acquisitions were necessary as part of the Mason Corridor project. Patrick Rowe, Project Manager, replied there have been approximately seventy property acquisitions as part of this project. Councilmember Troxell stated that is evidence of the proper use of eminent domain. Mayor Pro Tem Horak stated information can be obtained from the Boxelder Stormwater Authority as to why its attorney believes they have the authority to complete discussed condemnation. Councilmember Cunniff noted this item does not guarantee that eminent domain proceedings will begin. The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Cunniff, Overbeck, Troxell and Campana. Nays: none. THE MOTION CARRIED. Packet Pg. 32 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) December 17, 2013 473 Other Business Mayor Weitkunat questioned the Downtown Development Authority appointment process and asked why none of the eight applicants were recommended. City Attorney Roy stated Council is not in a position to make an appointment this evening as a Resolution has not been prepared; however, Council could provide direction as to whether it wants to re-advertise for the position or have a Resolution brought forth at the next meeting recommending one of the existing applicants fill the position. Mayor Weitkunat suggested one of the eight applicants should be recommended to fill the position. Councilmember Overbeck stated the Downtown Development Authority is unique in that its members are invested in the downtown area. He stated he and Councilmember Cunniff wanted to ensure a citizen who lives within the Downtown/Old Town area be recommended. Mayor Weitkunat noted diversity and certain credentials are not always provided by the applicant pool. Mayor Pro Tem Horak suggested two Resolutions be brought forth at the next meeting, one wherein a recommendation could be made and one which would put forth re-advertisement of the position. The majority of Council agreed with this direction. Adjournment The meeting adjourned at 8:47 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 33 Attachment1.1: December 17, 2013 minutes (Minutes - 12-17-13) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Jessica Ping-Small, Revenue and Project Manager SUBJECT Second Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, updates the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder- Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR has not increased. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (PDF) 2. Ordinance No. 179, 2013 (PDF) Packet Pg. 34 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Jessica Ping-Small, Revenue and Project Manager SUBJECT First Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. EXECUTIVE SUMMARY The purpose of this item is to update the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR has not increased. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In May 1996, Council adopted Ordinance No. 051, 1996, which established capital improvement expansion fees for Community Parkland, Police, Fire, and General Government services. The purpose for the fees is to have new development pay a proportionate share of the capital improvements and equipment costs that will be necessary to provide services to the development. The Code provisions approved by Ordinance No. 051, 1996, provide for the annual adjustment of the fees to keep up with inflation, using the Denver-Boulder (now Denver-Boulder-Greeley) Consumer Price Index. The City has imposed a Neighborhood Parkland fee for neighborhood parks since 1968. In August 1996, Council adopted Ordinance No. 105, 1996, which aligned the Neighborhood Parkland fee to the housing size differentials in the Capital Improvement Expansion fee ordinance, and updated the fee schedule to reflect pre-1996 inflation. The Neighborhood Parkland fees have been adjusted for inflation in 1997- 2007, along with the Capital Improvement Expansion fees. In 2013, Council adopted Ordinance No. 120, 2013, which updated the residential and commercial fees to the current level of service. The residential fees were implemented at 100% effective October 3, 2013 and the commercial fees were implemented in a phased approach at 60% in 2013, 80% in 2015 and 100% in 2016. Based on the Denver-Boulder-Greeley Consumer Price Index for all urban consumers, the inflation level since the last annual adjustment is an increase of 2.8% for 2014. This Ordinance adjusts the fee schedules described in Chapters 7.5 and 23 of the City Code to account for inflation. In the Ordinance, all amounts for the capital improvement expansion fees have been rounded to the nearest dollar. ATTACHMENT 1 Packet Pg. 35 Attachment2.1: First Reading Agenda Item Summary, December 17, 2013 (SR 179 Capital Expansion Fees) Agenda Item 11 Item # 11 Page 2 FINANCIAL / ECONOMIC IMPACT Revenue Summary Fee Type 2011 Actual 2012 Actual 2013 Forecast 2014 Budget Capital Expansion Fees $ 1,326,962 $2,523,937 $3,140,781 $1,555,000 Neighborhood Parkland Fees $884,092 $1,655,835 $2,030,353 $950,000 Street Oversizing Fees $1,441,107 $ 3,294,063 $4,295,153 $2,501,400 Fund Balance Overview 1. Neighborhood Parkland Fees: Expenditures shall be made for approved purposes for the acquisition, development and administration of neighborhood parks, including purchases of new or replacement park site equipment and plantings.  Estimated Fund Balance as of 12/31/2013: $5,600,000  Offers Funded in 2013 Budget: $750,000  Offers Funded in 2014 Budget: $1,050,000 2. Community Parkland Fees: Expenditures shall be made for the acquisition, construction and development of capital improvements related to the provision of community parklands.  Estimated Fund Balance as of 12/31/2013: $9,100,000  Offers Funded in the 2013 Budget: $1,270,000 3. Fire Protection Capital Improvement Expansion Fees: Expenditures shall be made for the acquisition, construction and development of capital improvements related to the provision of fire protection services to City residents, as described in the capital improvements plan for fire protection.  Estimated Fund Balance as of 12/31/2013: $367,000. The balance is being used by PFA to pay debt service on Station #4. 4. Police Capital Expansion Fees: Expenditures shall be made for the acquisition, construction and development of capital improvements related to the provision of police services as described in the capital improvements plan for police services.  Estimated Fund Balance as of 12/31/2013: $892,000. The balance is being used to pay debt service on new Police Facility. 5. General Government Capital Expansion Fees: Expenditures shall be made for the purpose of funding capital improvements related to the provision of general governmental services.  Estimated Fund Balance as of 12/31/2013: $6,553,000 of which $2,651,970 has been loaned to the URA for RMII, leaving $2,651,970in liquid investments, it was not anticipated this money would be needed before the loan will be repaid. Packet Pg. 36 Attachment2.1: First Reading Agenda Item Summary, December 17, 2013 (SR 179 Capital Expansion Fees) - 1 - ORDINANCE NO. 179, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO INCREASE THE AMOUNTS OF THE CAPITAL IMPROVEMENT EXPANSION FEES CONTAINED IN CHAPTER 7.5 OF THE CITY CODE SO AS TO REFLECT INFLATION IN ASSOCIATED COSTS OF SERVICES WHEREAS, the City is a home rule municipality having the full right of self-government in local and municipal matters under the provisions of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, among the home rule powers of the City is the power to regulate, as a matter of purely local concern, the development of real property within the City; and WHEREAS, the City’s comprehensive plan shows that the rate of future growth and development in Fort Collins will require a substantial expansion in community park, police, fire, and general government facilities, and related capital equipment, if its level of service standards for such facilities are to be maintained; and WHEREAS, the City Council has determined that new development should contribute its proportionate share of providing such capital improvements; and WHEREAS, the City Council has broad legislative discretion in determining the appropriate funding mechanisms for financing the construction of public facilities in the City; and WHEREAS, based on the foregoing, the City Council has adopted Ordinance No. 051, 1996, establishing certain capital improvement expansion fees; and WHEREAS, City Code Section 7.5-18 provides for annual adjustment in all capital improvement expansion fees for inflation, corresponding to the increases reflected in the Denver- Boulder-Greeley Consumer Price Index for all urban consumers; and WHEREAS, in September 1968, the City Council adopted Ordinance No. 038, 1968, which established the original Neighborhood Parkland Fee to fund the acquisition and development of parkland, which ordinance has since been amended on several occasions to adjust the fee and to refine related procedures and requirements; and WHEREAS, with the adoption in August 1993 of Ordinance No. 082, 1993, the City Council directed the City Manager to annually review the Neighborhood Parkland Fee and submit to the Council proposed inflation-related increases based on the Denver-Boulder-Greeley Consumer Price Index; and WHEREAS, based on the Bureau of Labor Statistics’ most recent Denver-Boulder- Greeley Consumer Price index for all urban consumers, staff anticipates the Index will reflect an inflation increase of 2.8 percent since the last annual adjustment, effective January 1, 2014; and Packet Pg. 37 Attachment2.2: Ordinance No. 179, 2013 (SR 179 Capital Expansion Fees) - 2 - WHEREAS, the City has historically used the Engineering News Record as a reference to determine whether the Street Oversizing Capital Improvement Expansion Fee should be increased to account for rising construction costs; and WHEREAS, based on the Engineering News record, the cost of constructing street improvements has not increased since the last adjustment of the Street Oversizing Capital Improvement Expansion Fee; and WHEREAS, for the foregoing reasons, the City Council has determined that it is necessary in the interests of the protection of the public health, safety and welfare, that the Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, be increased. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That the fee schedule in Section 7.5-28(a) of the Code of the City of Fort Collins, establishing the Community Parkland Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft. and under $1,029.00 701 to 1,200 sq. ft. 1,321.00 1,201 to 1,700 sq. ft. 1,459.00 1,701 to 2,200 sq. ft. 1,520.00 2,201 sq. ft. and over 1,628.00 Section 2. That the fee schedule in Section 7.5-29(a) of the Code of the City of Fort Collins, establishing the Police Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft. and under $ 132.00 701 to 1,200 sq. ft. 167.00 1,201 to 1,700 sq. ft. 185.00 1,701 to 2,200 sq. ft. 192.00 2,201 sq. ft. and over 206.00 Commercial buildings (per 1,000 sq ft.) 158.00 Industrial buildings (per 1,000 sq. ft.) 38.00 Packet Pg. 38 Attachment2.2: Ordinance No. 179, 2013 (SR 179 Capital Expansion Fees) - 3 - Section 3. That the fee schedule in Section 7.5-30(a) of the Code of the City of Fort Collins, establishing the Fire Protection Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft. and under $262.00 701 to 1,200 sq. ft. 415.00 1,201 to 1,700 sq. ft. 369.00 1,701 to 2,200 sq. ft. 383.00 2,201 sq. ft. and over 411.00 Commercial buildings (per 1,000 sq ft.) 317.00 Industrial buildings (per 1,000 sq. ft.) 75.00 Section 4. That the fee schedule in Section 7.5-31(a) of the Code of the City of Fort Collins, establishing the General Government Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft. and under $308.00 701 to 1,200 sq. ft. 395.00 1,201 to 1,700 sq. ft. 435.00 1,701 to 2,200 sq. ft. 455.00 2,201 sq. ft. and over 488.00 Commercial buildings (per 1,000 sq ft.) 750.00 Industrial buildings (per 1,000 sq. ft.) 176.00 Section 5. That the fee schedule in Section 7.5-71(b) of the Code of the City of Fort Collins, establishing the Neighborhood Parkland Fee, is hereby amended to read as follows: 700 sq. ft. and under $1,214.00 701 to 1,200 sq. ft. 1,557.00 1,201 to 1,700 sq. ft. 1,721.00 1,701 to 2,200 sq. ft. 1,793.00 2,201 sq. ft. and over 1,920.00 Packet Pg. 39 Attachment2.2: Ordinance No. 179, 2013 (SR 179 Capital Expansion Fees) - 4 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. Mayor ATTEST: City Clerk Packet Pg. 40 Attachment2.2: Ordinance No. 179, 2013 (SR 179 Capital Expansion Fees) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Second Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, deletes a City Code provision requiring that the title of any ordinance placed on the consent calendar be read prior to action by the Council on the consent calendar. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (PDF) 2. Ordinance No. 180, 2013 (PDF) Packet Pg. 41 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Wanda Nelson, City Clerk SUBJECT First Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. EXECUTIVE SUMMARY The purpose of this item is to delete a City Code provision requiring that the title of any ordinance placed on the consent calendar be read prior to action by the Council on the consent calendar. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Section 2-30 of the City Code contains provisions relating to the preparation and structure of City Council agendas. In part, Section 2-30 authorizes the use of a consent calendar for matters of a noncontroversial nature, including ordinances, provided that the title of any ordinance placed on the consent calendar is read prior to action by the Council on the consent calendar. Staff recommends deletion of the requirement to read the title of ordinances on the consent calendar in view of the technology that is currently used to disseminate agenda information well in advance of a Council meeting. ATTACHMENT 1 Packet Pg. 42 Attachment3.1: First Reading Agenda Item Summary, December 17, 2013 (SR 180 Reading Titles) - 1 - ORDINANCE NO. 180, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-30 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE CITY COUNCIL MEETING AGENDA WHEREAS, Section 2-30 of the City Code contains provisions relating to the preparation and structure of City Council agendas; and WHEREAS, beginning in 1987, language authorizing the use of a consent calendar for matters of a noncontroversial nature, including ordinances, was added to the City Code; and WHEREAS, this language includes a provision requiring that the title of any ordinance placed on the consent calendar be read prior to action being taken by the City Council on the consent calendar; and WHEREAS, City staff recommends deleting this provision, since it is no longer necessary in view of the technology that is currently used to disseminate agenda information well in advance of a City Council meeting; and WHEREAS, the City Council agrees with this recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-30(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-30. Meeting agenda. . . . (c) The agenda for City Council meetings may include a consent calendar. Matters of a noncontroversial nature requiring City Council action, including ordinances, may be placed on the consent calendar portion of the agenda. Any City Councilmember, the City administration, any citizen or any interested party may request at any time prior to action by the City Council on the consent calendar that an item be removed and considered as a separate item by the City Council. Prior to action by the City Council on the consent calendar, the presiding officer of the City Council shall advise persons present of the right to request removal of any item for separate consideration. If a request is made to remove an item from the consent calendar, the item shall be removed and the presiding officer shall place such item on the agenda for that meeting at an appropriate place for separate action. After removal of all items for which a request was made for removal, the City Council shall consider the remaining items on the consent calendar by one (1) motion. The vote of each City Councilmember on the motion shall be considered that City Councilmember's vote on each individual item on the consent calendar. Packet Pg. 43 Attachment3.2: Ordinance No. 180, 2013 (SR 180 Reading Titles) - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________________ City Clerk Passed and adopted on final reading this 7th day of January, A.D. 2014. _________________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 44 Attachment3.2: Ordinance No. 180, 2013 (SR 180 Reading Titles) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT Second Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, declares parcels of City- owned property located at the southwest corner of Timberline Road and Prospect Road that is currently used and planned to be used in the future as Timberline Road, as public road right-of-way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 181, 2013 (PDF) Packet Pg. 45 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 181, 2013, Declaring Certain City-Owned Property as Road Right of Way. EXECUTIVE SUMMARY The purpose of this item is to declare a strip of property owned by the City as road right-of-way that is currently used and planned to be used in the future as Timberline Road. The City owns parcels of property located at the southwest corner of Timberline Road and Prospect Road. In 2005, the City constructed interim intersection improvements which widened Timberline Road across a portion of the City’s property. Staff anticipates constructing the ultimate improvements for Timberline Road in 2015, which will further widen Timberline Road on the City’s property. This Ordinance officially establishes this portion needed for Timberline Road on the City’s property as public road right of way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City owns parcels of property located at the southwest corner of Timberline Road and Prospect Road. The parcels include property located at the very corner of the intersection, managed by the Engineering Department, and the Timberline Substation property, managed by the Utility Department. In 2005, the City constructed interim intersection improvements which included the widening of Timberline Road as funded through a Special Improvement District (SID). This widening required that road improvements be constructed on a portion of the City-owned parcels. Engineering staff is currently in the design phase of a project to construct the ultimate capital improvements per the Building on Basics (BOB) ballot language. Staff anticipates this project beginning in 2015 and will be reporting back to Council in 2014 for additional project updates. This new project will require the road be further widened across the City’s property in order to install a "free right" turn from eastbound Prospect to southbound Timberline. Additionally, the project will add landscaped medians on Timberline and pedestrian facilities from Prospect Road to Bear Mountain Drive. As such, staff requests that the full area of the ultimate improvement of Timberline Road be declared road right of way. FINANCIAL / ECONOMIC IMPACT The project is funded through the Building on Basics (BOB) Funds from the voter approved quarter-cent sales tax. The total project budget is $3,500,000.00 ($3.5 M) which includes design, right-of-way and construction. ATTACHMENT 1 Packet Pg. 46 Attachment4.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 181 Timberline Prospect ROW) Agenda Item 13 Item # 13 Page 2 ENVIRONMENTAL IMPACTS The project will have a positive impact on short and long term air quality by reducing vehicle delay, total stops, fuel consumption and vehicle emissions. Bicycle and pedestrian facilities will be constructed per arterial standards to the west side of Timberline Road from Prospect to Bear Mountain Drive. Additionally, staff is evaluating the possibility of connecting the Spring Creek Trail system to the roadway sidewalks. Other environmental benefits stemming from the project include an improved storm sewer system with water quality features and Low Impact Development (LID) opportunities, along with landscape enhancements in existing medians, newly constructed medians and parkways. PUBLIC OUTREACH The team plans to inform the public through various outreach tools, including public open houses, individual property owner meetings and schedule updates posted on the project's website <http://www.fcgov.com/engineering/prospect-timberline.php>. ATTACHMENTS 1. Timberline ROW Location map (PDF) Packet Pg. 47 Attachment4.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 181 Timberline Prospect ROW) - 1 - ORDINANCE NO. 181, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AS ROAD RIGHT-OF-WAY WHEREAS, the City owns certain parcels of property located at the southwest corner of Timberline Road and Prospect Road identified by the Larimer County Assessor as parcel numbers 87191-00-928, 87191-00-918, 87191-00-917, (the “City Property”); and WHEREAS, as part of the process of constructing interim and ultimate road improvements for the Timberline Road and Prospect Road intersection, the City needs to utilize a portion of the City Property for the new road improvements; and WHEREAS, in order to establish a public record that a portion of the City Property, which portion is more specifically described on Exhibit “A”, attached hereto and incorporated herein by this reference, is intended for use by the City as right-of-way and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, staff has recommended that the City Council should declare that property to be right-of-way; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest 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 declares that the real property described on Exhibit “A” shall constitute right-of-way for Timberline Road and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City. Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder’s office upon final adoption. Packet Pg. 48 Attachment4.2: Ordinance No. 181, 2013 (SR 181 Timberline Prospect ROW) - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 49 Attachment4.2: Ordinance No. 181, 2013 (SR 181 Timberline Prospect ROW) Exhibit "A" Page 1 of 3 Packet Pg. 50 Attachment4.2: Ordinance No. 181, 2013 (SR 181 Timberline Prospect ROW) Exhibit "A" Page 2 of 3 Packet Pg. 51 Attachment4.2: Ordinance No. 181, 2013 (SR 181 Timberline Prospect ROW) Exhibit "A" Page 3 of 3 Packet Pg. 52 Attachment4.2: Ordinance No. 181, 2013 (SR 181 Timberline Prospect ROW) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist Erika Keeton, Special Project Engineer SUBJECT Second Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the use eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). As a federally funded transportation project, this acquisition will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 182, 2013 (PDF) Packet Pg. 53 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Patrick Rowe, Real Estate Specialist Erika Keeton, Special Project Engineer SUBJECT First Reading of Ordinance No. 182, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY The purpose of this item is to obtain City Council authorization to utilize eminent domain, if necessary, to acquire an additional utility easement which is needed for the MAX Bus Rapid Transit Project (MAX). This acquisition interest was identified more than a year ago, but was placed on hold to combine with any other newly identified acquisition interests. No further interests were identified and this will be the final acquisition necessary for the MAX Project. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Mason Corridor Bus Rapid Transit Project, branded Mason Express or “MAX”, is a five mile, north- south byway which extends from the Downtown Transit Center on the north to the planned South Transit Center, south of Harmony Road. MAX will link major destinations and activity centers along the City’s primary transportation and commercial corridor including, “Old Town”, Colorado State University, Foothills Mall, and South College retail areas. In addition to greatly enhancing the City’s north-south transportation movement, MAX will be a significant catalyst for economic growth, both as a short-term stimulus and as a long-term development/re-development driver. The “MAX” system has a planned operation date of May 2014. The project is predominately located within the outside twenty-five feet of the east half of the Burlington Northern Santa Fe Railway (the “BSNF”) property, however, overall project right-of-way consists of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. ATTACHMENT 1 Packet Pg. 54 Attachment5.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 182 MAX-BRT Eminent Domain) Agenda Item 14 Item # 14 Page 2 The utility easement interest that is the subject of this agenda item will be the final acquisition necessary for the MAX Project. All other property interests, with the exception of several that are in process, have been acquired. Significant public outreach has occurred on this long standing project in many forms, including numerous open houses and direct communication with impacted property owners. To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, It is critical that the City have the ability to acquire the property interests in a timely manner. In addition, since this is a federally funded project, eminent domain must be authorized before staff is able to send to affected property owners the required Notice of Interest letter. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if necessary, and only if good faith negotiations are not successful. It’s important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses. FINANCIAL / ECONOMIC IMPACT Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. PUBLIC OUTREACH The affected property owner has been contacted via certified mail and personally contacted by the City’s Real Estate Services Department. ATTACHMENTS 1. Location Map (PDF) Packet Pg. 55 Attachment5.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 182 MAX-BRT Eminent Domain) - 1 - ORDINANCE NO. 182, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LAND NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS, construction of the Mason Corridor Bus Rapid Transit Project (the “Project”) has recently been commenced; and WHEREAS, the Project involves the construction of a five mile, north-south byway which extends from Cherry Street on the north to a point south of Harmony Road (the site of the new South Transit Center); and WHEREAS, the Project will include a 24-foot wide traffic lane for buses, with concrete paving, retaining walls, curb and gutter, and drainage and utility improvements; and WHEREAS, the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS, City staff has recently identified an additional property interest (the “Property”), hereinafter described on Exhibit “A”, attached hereto and incorporated herein by this reference, that is needed for the Project; and WHEREAS, the acquisition of the Property is in the City’s best interest and would enhance the public health, safety, and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through eminent domain; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of the Property from the landowner and will commence eminent domain proceedings to acquire the Property only if such negotiations are unsuccessful. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property described on Exhibit “A” for the purpose of the Mason Corridor Bus Rapid Transit Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property right for the City by eminent domain. Section 3. The City Council hereby finds, in the event that acquisition by eminent domain is commenced, that immediate possession is necessary for the public health, safety and welfare. Packet Pg. 56 Attachment5.2: Ordinance No. 182, 2013 (SR 182 MAX-BRT Eminent Domain) - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 57 Attachment5.2: Ordinance No. 182, 2013 (SR 182 MAX-BRT Eminent Domain) Exhibit 'A' Page 1 of 2 Packet Pg. 58 Attachment5.2: Ordinance No. 182, 2013 (SR 182 MAX-BRT Eminent Domain) Exhibit 'A' Page 2 of 2 Packet Pg. 59 Attachment5.2: Ordinance No. 182, 2013 (SR 182 MAX-BRT Eminent Domain) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Mail Creek Crossing Annexation and Zoning. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on December 17, 2013, annex and zone 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The proposed zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 183, 2013 (PDF) 3. Ordinance No. 184, 2013 (PDF) Packet Pg. 60 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Mail Creek Crossing Annexation and Zoning. EXECUTIVE SUMMARY A. Resolution 2013- 103 Setting Forth Findings of Fact and Determinations Regarding the Mail Creek Crossing Annexation. B. Hearing and First Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. This is a request to annex and zone 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Mail Creek is a residential development containing 137 single family homes; the requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. Mail Creek Crossing does not create an enclave. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BACKGROUND / DISCUSSION The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted on August 31, 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulate the following: “The County may accept development applications for lands located within any area that is part of a “receiving area” established through an adopted subarea plan for any Larimer County Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the ATTACHMENT 1 Packet Pg. 61 Attachment6.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 183 184 Mail Creek Crossing Annexation) Agenda Item 15 Item # 15 Page 2 annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat” (Section 5B). Thus, this IGA stipulates that the properties in this area are annexed after the development review process. The City does have an opportunity to comment on projects, and City staff has reviewed and commented on the Mail Creek Crossing project through the County’s development review process. This process of County plan review followed by annexation was also undertaken with the Westchase, Kechter Crossing, Fossil Lake neighborhoods. The IGAs referenced are available online at <http://www.fcgov.com/advanceplanning/pdf/iga- doc.pdf>. Mail Creek Crossing is located within the Fossil Creek Reservoir Area Plan and is in a designated receiving area. In addition, Mail Creek Crossing does have 1/6 contiguity to existing City limits through Kechter Crossing to the north (annexed in December of 2012) and Zephyr Road to the south (annexed in July 2002), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; Kechter Crossing (residential) E: PUD in Larimer County; Proposed Kechter Farm S: LMN in the City of Fort Collins; Timbers (residential) W: LMN in the City of Fort Collins; Bacon Elementary FA1 - Farming in Larimer County; Vacant Land Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. Findings: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 4. On November 5, 2013, the City Council adopted Resolution 2012-030 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested LMN, Low Density Mixed Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. Packet Pg. 62 Attachment6.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 183 184 Mail Creek Crossing Annexation) Agenda Item 15 Item # 15 Page 3 FINANCIAL / ECONOMIC IMPACT No direct financial impacts result from the proposed annexation and zoning. ENVIRONMENTAL IMPACTS The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed annexation and zoning of the property. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Comprehensive Plan & Land Use Code. BOARD / COMMISSION RECOMMENDATION At its November 14, 2013 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 7-0 to recommend approval of the annexation. The Board voted 7-0 to recommend that the property be placed in the Low Density Mixed Use Neighborhood Zone District and in the Residential Neighborhood Sign District. The minutes from the November 14, 2013 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on November 14, 2013. A letter of notification of the public hearing was mailed to all Affected Property Owners within 1000 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings. A meeting was not held for this annexation & zoning request, due to the fact that the development project was reviewed and approved in the County and a neighborhood meeting was conducted as part of the County review. In addition to this public notice, there was significant public outreach during the land use approval process through Larimer County, including a neighborhood meeting, and public hearings before the Planning Commission (July 17, 2013) and Board of County Commissioners (August 12, 2013). The project was approved by the Board of County Commissioners by a vote of 3-0. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Fossil Creek Reservoir Area Land Use Map (PDF) 5. Planning and Zoning Board Minutes (Draft), November 14, 2013 (PDF) Packet Pg. 63 Attachment6.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 183 184 Mail Creek Crossing Annexation) - 1 - ORDINANCE NO. 183, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAIL CREEK CROSSING ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2013-089, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: Lot 2 of the Lehman-Timberline Minor Land Division recorded June 19, 2013 at Reception No. 20130046276 of the Larimer County, Colorado, Records, situate in a portion of the South Half of the Northwest Quarter (S1/2NW1/4) of Section Eight (8), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), Larimer County, Colorado, containing 39.608 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Mail Creek Crossing Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Packet Pg. 64 Attachment6.2: Ordinance No. 183, 2013 (SR 183 184 Mail Creek Crossing Annexation) - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 65 Attachment6.2: Ordinance No. 183, 2013 (SR 183 184 Mail Creek Crossing Annexation) - 1 - ORDINANCE NO. 184, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE MAIL CREEK CROSSING ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Mail Creek Crossing Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: Lot 2 of the Lehman-Timberline Minor Land Division recorded June 19, 2013 at Reception No. 20130046276 of the Larimer County, Colorado, Records, situate in a portion of the South Half of the Northwest Quarter (S1/2NW1/4) of Section Eight (8), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), Larimer County, Colorado, containing 39.608 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 66 Attachment6.3: Ordinance No. 184, 2013 (SR 183 184 Mail Creek Crossing Annexation) - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 67 Attachment6.3: Ordinance No. 184, 2013 (SR 183 184 Mail Creek Crossing Annexation) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Beth Rosen, CDBG/HOME Program Administrator SUBJECT Second Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 405 Linden Street, currently owned by the Fort Collins Housing Authority. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 185, 2013 (PDF) Packet Pg. 68 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Beth Rosen, CDBG/HOME Program Administrator SUBJECT First Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to release the Agreement of Restrictive Covenants Affecting Real Property for the property located at 405 Linden Street, currently owned by the Fort Collins Housing Authority. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On October 1, 2001, the Fort Collins Housing Authority received a grant of $174,931 in Community Development Block Grant funding to rehabilitate 11 buildings (41 dwelling units), of affordable rental housing. At the completion of the rehabilitation, a Restrictive Covenant was placed on all 41 units, requiring the units provide affordable rental housing for twenty years. This covenant is scheduled to be released on October 1, 2023 (20 years from project completion). The subject property of this request, 405 Linden Street, received $8,400 in funding to cover the cost of siding and a roof replacement. As part of the Fort Collins Housing Authority’s long-term plan to sell single family homes and strategically reinvest the funds and leverage the funds into more cost effective, multi-family housing, it is asking the City to release the covenant on 405 Linden Street, which would enable the Authority to sell the property and repay the $8,400 to the CDBG program. A buyer has been found. To date, five single family homes encumbered by this covenant have been sold and the covenant released. See Attachment 1, a memo from Julie Brewen, Executive Director of the Fort Collins Housing Authority, for more information about the request. Staff has worked closely with the leadership of the Fort Collins Housing Authority to both understand its long- term strategic plan, and identity ways to mitigate the loss of affordable rental housing. As a condition of this request, the Fort Collins Housing Authority has agreed to provide a comparable 3-bedroom replacement unit within the next five years. This must be a new affordable housing unit, rather than the designation of current unit. FINANCIAL / ECONOMIC IMPACT The approval of this request will initially result in the loss of one, 3-bedroom, affordable rental unit in the city. However, the repayment of $8,400 in Community Development Block Grant funding will return to the City’s Competitive Process and be available to fund future affordable housing. If allocated towards housing, these funds could leverage an additional $225,000 in affordable housing funding towards future affordable housing development. ATTACHMENT 1 Packet Pg. 69 Attachment7.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 185 405 LInden-Restrictive Covenant Release) Agenda Item 16 Item # 16 Page 2 Approval of this request will lessen financial burden experienced by the Fort Collins Housing Authority related to the operation of single family homes and free up capital to be reinvested into future affordable housing. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board recommends adoption of the Ordinance on First Reading. At a public meeting held on December 5, 2013, the Affordable Housing Board voted to recommend the release of Agreement of Restrictive Covenants Affecting Real Property with the requirement that the Fort Collins Housing Authority provides a comparable 3-bedroom placement unit to the affordable housing inventory within the next five years. ATTACHMENTS 1. FCHA Request to Release Restrictive Covenant (PDF) 2. Location Map (PDF) 3. 405 Linden picture (DOC) 4. 2013 12 05 Affordable Housing Board Minutes DRAFT (DOCX) Packet Pg. 70 Attachment7.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 185 405 LInden-Restrictive Covenant Release) - 1 - ORDINANCE NO. 185, 2013, OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE RELEASE OF RESTRICTIVE COVENANTS ON PROPERTY AT 405 LINDEN STREET OWNED BY THE FORT COLLINS HOUSING AUTHORITY WHEREAS, on October 1, 2001 the City and the Fort Collins Housing Authority (“Authority”) entered into a Recipient Contract, through which the Authority received a grant from the City of $174,931 in Community Development Block Grant (CDBG) funds to rehabilitate affordable rental housing units in Fort Collins; and WHEREAS, the Authority used $8,400 of the CDBG funds to replace the roof and siding on a single-family house at 405 Linden Street owned by the Authority (the “Property”); and WHEREAS, the terms of the Recipient Contract, as amended in May 2003, require the Authority to restrict the benefitted housing units to households with income equal to or less than 50% of the area median income for not less than twenty years; and WHEREAS, the Recipient Contract gave the City the right to require a deed of trust or other security interest in properties improved using the CDBG funds and to require, in addition to or in lieu of a deed of trust, a deed restriction on such properties to protect the City’s interest in the funds provided under the Recipient Contract; and WHEREAS, on October 1, 2001, the Authority and the City also entered into an Agreement of Restrictive Covenants Affecting Real Property (the “Covenant”), which placed a twenty-year affordability requirement on multiple properties owned by the Authority and improved with CDBG funds under the Recipient Contract, including the Property; and WHEREAS, the Covenant gives the City the right to enforce the terms and conditions of the Covenant should the Authority ever fail to comply with them; and WHEREAS, the terms of the Recipient Contract do not require the Authority to repay the CDBG funds, and neither the Recipient Contract nor the Covenant allows for the Covenant to be released if the Property is sold or the funds are repaid before the twenty-year affordability period expires; and WHEREAS, as part of the Authority’s long-term plan to sell single family homes and reinvest the funds into more cost-effective multi-family housing, the Authority is asking the City to release the Covenant with respect to the Property, so that the Property can be sold for redevelopment; and WHEREAS, as a condition of releasing the Covenant, the Authority has agreed to repay the $8,400 of CDBG funds invested in the Property and to provide a comparable 3-bedroom replacement unit within the next five years; and Packet Pg. 71 Attachment7.2: Ordinance No. 185, 2013 (SR 185 405 LInden-Restrictive Covenant Release) - 2 - WHEREAS, the City’s right under the Covenant to restrict the use of the Property constitutes an interest in real property owned by the City that the City would be giving up by releasing the Covenant; and WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to sell, convey or otherwise dispose of any interest 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; and WHEREAS, the repayment to the City of $8,400 in CDBG funds will allow the City to make those funds available for future affordable housing projects; and WHEREAS, the Affordable Housing Board reviewed the Authority’s request at the Board’s regular meeting on December 5, 2013 and voted to recommend the release of the Covenant so long as a replacement unit is provided. 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 releasing the Covenant on the Property on the terms and conditions described herein is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute such documents as are necessary to release the Covenant and to document the Authority’s obligation to provide a replacement three-bedroom unit within five years on terms and conditions consistent with this Ordinance, along with such other 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 or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 72 Attachment7.2: Ordinance No. 185, 2013 (SR 185 405 LInden-Restrictive Covenant Release) - 3 - Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 73 Attachment7.2: Ordinance No. 185, 2013 (SR 185 405 LInden-Restrictive Covenant Release) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Beth Sowder, Neighborhood Services Manager SUBJECT Second Reading of Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 17, 2013, amends the effective date of the new City Code provisions that expanded the application of the smoking ordinance to outdoor serving areas. The Ordinance establishes a “phase-in” or delayed implementation date for outdoor service areas that are not within or adjacent to sidewalks or other public rights-of-way, in an effort to limit the negative impact of Ordinance No. 158, 2013, on affected businesses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 186, 2013 (PDF) Packet Pg. 74 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Beth Sowder, Neighborhood Services Manager SUBJECT First Reading of Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights-of-Way. EXECUTIVE SUMMARY The purpose of this item is to amend the effective date of the new City Code provisions that expanded the application of the smoking ordinance to outdoor serving areas. The Ordinance would establish a “phase- in” or delayed implementation date for outdoor service areas that are not within or adjacent to sidewalks or other public rights-of-way, in an effort to limit the negative impact of Ordinance No. 158, 2013, on affected businesses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION When City Council adopted Ordinance No. 158, 2013, regarding expansions to the smoking ordinance, some business owners expressed concerns about the potentially negative impact the Ordinance might have on their businesses. Implementation of the ordinance was moved from January 1, 2014 to January 17, 2014 so staff could bring an option for Council consideration to phase-in implementation of the Ordinance in an effort to limit the negative impact on certain businesses. Some businesses have patios located away from the public right-of-way or public sidewalks, so smoking on their patios does not impact the general public or passersby. While the overall intent of the Ordinance is to protect the health of anyone exposed to secondhand smoke in these outdoor areas, the immediate concern is for members of the public who have not chosen to enter a patio that allows smoking. For this reason, the implementation date of January 17, 2014, as adopted by Council, should apply to all patios located within the public right-of-way or adjacent to public sidewalks. Some patios that currently allow smoking are situated away from the public right-of-way and are not adjacent to public sidewalks, so secondhand smoke generated from those patios does not impact the general public or passersby. The perception is that people affected by secondhand smoke on these patios are there by choice. In an effort to limit the negative impact to these businesses, Council may choose to phase-in or delay the effective date of implementation specifically for patios located away from and not adjacent to public right-of-way or public sidewalks. Feedback received from some of the businesses regarding a time frame that would limit the negative impact to their businesses includes either waiting until when/if Council chooses to ban smoking in the Old Town area (preferred) or delaying implementation until end of spring. Staff does not recommend waiting to delay implementation until when/if Council chooses to ban smoking in Old Town because there currently is not enough information to know when or if this will actually occur. Staff recommends a ATTACHMENT 1 Packet Pg. 75 Attachment8.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 186 Smoking Ordinance) Agenda Item 22 Item # 22 Page 2 reasonable delay of six months. This would give businesses time to get through the winter months and develop a marketing plan to limit negative impacts. Staff is open to Council’s recommendation on the delayed implementation date. FINANCIAL / ECONOMIC IMPACT This could limit the financial/economic impact to certain businesses. ENVIRONMENTAL IMPACTS This will improve air quality by eliminating secondhand smoke in these outdoor dining areas. PUBLIC OUTREACH Staff discussed this with the businesses who identified themselves as having patios located away from the public right-of-way or public sidewalks to get feedback regarding what time frame would be helpful to them. As indicated above, their preferred option would be to delay implementation until City Council chooses to ban smoking from the Old Town area. If this option was not possible, they indicated that at least waiting until the end of spring would be helpful. ATTACHMENTS 1. Powerpoint presentation (PDF) Packet Pg. 76 Attachment8.1: First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (SR 186 Smoking Ordinance) - 1 - ORDINANCE NO. 186, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 158, 2013, TO PHASE IN THE EFFECTIVE DATE OF THE REGULATIONS ADOPTED BY ORDINANCE NO. 158, 2013, FOR OUTDOOR SERVICE AREAS THAT ARE NOT LOCATED WITHIN OR ADJACENT TO PUBLIC SIDEWALKS OR OTHER PUBLIC RIGHTS-OF-WAY WHEREAS, over the past few years, City staff has received increasing complaints and concerns regarding exposures to secondhand smoke; and WHEREAS, the City Council has previously found and determined that there is no safe level of exposure to secondhand smoke; and WHEREAS, the concern over the health impacts of secondhand smoke continues to rise among the citizens of Fort Collins; and WHEREAS, on November 19, 2013, the City Council adopted Ordinance No. 158, 2013, (“the Ordinance”) which included smoking bans in outdoor serving areas of bars and restaurants; and WHEREAS, the intent of the Ordinance is to create more smoke-free zones to reduce public exposure to secondhand smoke; and WHEREAS, certain business owners have expressed concerns about the potentially negative impact the Ordinance might have on their establishments and have indicated that a phase-in of implementation would help to mitigate such impact; and WHEREAS, the Ordinance already includes a provision that delays implementation of the Ordinance to January 17, 2014; and WHEREAS, the purpose of that delay was to allow staff time to develop a recommended phase-in date and criteria as to which establishments should be phased in; and WHEREAS, although the intent of the Ordinance is to protect all members of the general public from secondhand smoke emanating from all outdoor serving areas, the most immediate concern is for passersby who have not chosen to enter patios that allow smoking; and WHEREAS, smokers who congregate in outdoor service areas within or adjacent to sidewalks and other public rights-of-way present a greater risk to the general public than do the persons smoking in those outdoor areas that are removed from the sidewalks and rights-of-way; and WHEREAS, the City Council has determined that in order to balance the health and safety interests of the general public with the business interests of the affected business owners, it is in the best interests of the residents of the City that the Ordinance be amended to allow for a phase-in of the Ordinance for certain establishments as described above. Packet Pg. 77 Attachment8.2: Ordinance No. 186, 2013 (SR 186 Smoking Ordinance) - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3 of Ordinance No. 158, 2013, is hereby amended to read as follows: Section 3. For businesses with outdoor serving areas within or adjacent to sidewalks or other public rights-of-way, the amendments made by this Ordinance shall take effect as of midnight, January 17, 2014. For businesses with outdoor serving areas not within or adjacent to sidewalks or other public rights-of-way, the amendments made by this Ordinance shall take effect as of midnight, June 17, 2014. Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 Attachment8.2: Ordinance No. 186, 2013 (SR 186 Smoking Ordinance) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Michelle Provaznik, Manager-Gardens on Spring Creek SUBJECT First Reading of Ordinance No. 001, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Gardens on Spring Creek. EXECUTIVE SUMMARY The purpose of this item is to appropriate a total of $76,000 in grant funding received by the Gardens on Spring Creek. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Gardens on Spring Creek is the community botanic garden of Fort Collins, whose mission is to improve the lives of people and foster environmental stewardship through horticulture. This Ordinance appropriates the two sets of grant monies to be spent by the Gardens on Spring Creek to further the goals of both programs. The Gardens received $65,000 from the Colorado Health Foundation for the Community Garden Outreach Program. The funding will pay a portion of the Community Garden Outreach Coordinator position and for two part-time hourly positions to assist with the program. Primary goals of the program are to increase the number of community gardens, targeting low-income population in Fort Collins, launch the Family Garden Program, and increase local produce donated to the Food Bank for Larimer County. The Gardens also received $11,000 from the Colorado State University Specialty Crops program to conduct research on the feasibility of a Farm Incubator Program that would train young farmers while increasing local produce for the Food Bank for Larimer County. FINANCIAL / ECONOMIC IMPACT These funds will be spent in accordance with the grant agreements. Packet Pg. 79 - 1 - ORDINANCE NO. 001, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE GARDENS ON SPRING CREEK WHEREAS, the City’s community botanical gardens program, Gardens on Spring Creek (the “Gardens”), was awarded two grants in the aggregate amount of $76,000; and WHEREAS, the Gardens received a grant from the Colorado Health Foundations in the amount of $65,000, to pay for a portion of the Community Garden Outreach Coordinator position and for two part-time hourly positions to assist with the Community Garden Outreach Program; and WHEREAS, the Gardens also received a grant in the amount of $11,000 from the Colorado State University Specialty Crops program to conduct research on the feasibility of a Farm Incubator Program; and WHEREAS, neither grant requires City matching funds; 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 grant funds totaling $76,000 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of SIXTY FIVE THOUSAND DOLLARS ($65,000) for expenditure in the General Fund for the Gardens on Spring Creek to help fund various positions within the Community Garden Outreach Program. Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of ELEVEN THOUSAND ($11,000) for expenditure in the General Fund for the Gardens on Spring Creek to fund research of the feasibility of a Farm Incubator Program. Packet Pg. 80 - 2 - Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 81 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Brian Hergott, Facilities Project Manager Bob Adams, Recreation Director Ken Mannon, Operations Services Director SUBJECT First Reading of Ordinance No. 002, 2014, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $400,000 to the Senior Center Expansion Project. The additional funding is money raised by the Senior Center Expansion Committee. These funds will be used to provide improvements to the expansion project for items requested by facility staff and users; including completion of the Multi-purpose room as an education center. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2008, the Senior Center Expansion Committee was formed as a 501c3 organization to raise funds for the Senior Center Expansion. The Committee has raised $400,000 to date toward bricks and mortar. The Expansion committee is continuing to fund raise for other items. One item of priority for the Expansion Committee is finishing off the added Multi-purpose room as an education center. FINANCIAL / ECONOMIC IMPACT This Ordinance appropriates $400,000 of revenue from the Senior Center Expansion Committee. These funds will be used to provide improvements to the expansion project for items requested by the facility users and staff of the Senior Center ENVIRONMENTAL IMPACTS These additional components being added to the facility will benefit the users and the community. BOARD / COMMISSION RECOMMENDATION The Expansion Committee Board recommends appropriation of these additional funds. PUBLIC OUTREACH There have been numerous public outreach meetings during the design of the Senior Center Expansion project and many of the additional items being funded are in part from these public outreach meetings. Packet Pg. 82 Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. Senior Center Expansion update, November 20, 2013 (PDF) 2. Expansion Committee Meeting minutes, November 12, 2013 (PDF) 3. Expansion Committee Letter of Intent to Transfer Funds (PDF) 4. Expansion Committee Treasurer's Report, November 17, 2013 (PDF) Packet Pg. 83 FCSC G  rants • • •  Expansion We The should We fundraising not  will  have  part  expansion  receive  contact  of  received  project  our  update,  the  original  has  Gates  checks  updates  check  been  along  Family  grant  awarded  this  from  with  –  proposal.  month.  November  Foundation  Daniels  new  $30,  information 000  It  Fund  is  20,  from  in  unlikely  2013  (  December $  the 150,  about  Fort  that 000)  the  to  we  Collins  and  auditorium  share  will Fort Collins Senior Center Building on Basics Expansion Committee, Inc. Board Meeting Fort Collins Senior Center 1200 Raintree Drive Fort Collins, Colorado 80526 970-221-6644 Members: Eric Biedermann, Larry Bontempo, Brenda Carns (on leave), Krista Covell-Pierson, Lizbeth Denkers, Linda Hopkins, Sharon Keay, Bonnie Markstrom, Peggy McGough, Cindy Roccaforte, John Roccaforte, Jack Rohs, Mary Shultz, Christina Ulrich-Jones. Liaisons: Barbara Schoenberger, Katie Stieber, Peggy Bowers – Senior Center staff, Carol Smith – Senior Advisory Board, Wade Turner – Expansion Steering Committee, John Pfeiffenberger – Expansion Steering Committee. Support: Mike Loughlin – web, Maggie Dennis – campaign support and grant writing Minutes/November 20, 2013 1. Meeting was called to order at 4:10 p.m. by President, Linda Hopkins. 2. Attendance: Linda Hopkins, Carol Smith, Ellen Lirley, Lizbeth Denkers, Christina Ulrich-Jones, Barbara Schoenberger, Krista Covell-Pierson, Sharon Keay, Cindy Roccaforte, Peggy McGough, Eric Biedermann, John Roccaforte, Bonnie Markstrom, Mike Loughlin, Maggie Dennis. 3. Minutes for September 18 meeting were reviewed. Eric Biedermann made a motion to approve the minutes; Cindy Roccaforte seconded the motion. Minutes of the September 18 meeting were approved. 4. Minutes for October 10 meeting were reviewed. Eric Biedermann made a motion to approve the minutes; Lizbeth Denkers seconded the motion. Minutes of the October 10 meeting were approved. 5. Minutes for the October 15 meeting were reviewed. John Roccaforte made a motion to approve the minutes; Sharon Keay seconded the motion. Minutes of the October 15 meeting were approved. 6. Peggy McGough presented the Treasurer’s report. Cindy Roccaforte made a motion to approve the report; Lizbeth Denkers seconded the motion. The report was approved. 7. Peggy McGough further reported that $405,000.00 was secured in the money market account. Peggy McGough made a motion to transfer $400,000.00 for disbursement to Packet Pg. 85 Attachment10.2: Expansion Committee Meeting minutes, November 12, 2013 (Senior Center Appropriations of Additional Funds) the City of Fort Collins. The motion called for $320,800.00 to be earmarked for bricks and mortar and $80,000.00 for equipment ($1000.00 of those funds for cardio equipment). Eric Biedermann seconded the motion. The motion was approved. A letter will be sent to Bob Adams and Marty Heffernan notifying them of the intent to donate as determined by the Expansion Steering Committee meeting with Janice Saeger. Additional transfers of funds will be made periodically to the City. Note was made that the Board wanted to see plans that identified the location of the restroom on the second floor adjacent to the fitness area. There was discussion that the drawings of the lobby did not resemble the rendering or the café environment pictured by members during earlier discussions. 8. Maggie Dennis updated the Board on monthly activity (written report included). Board contract with Maggie will expire the end of December. Lizbeth Denkers made a motion directly Maggie Dennis prepare and present a proposal for continued support for the next six (6) months. Peggy McGough seconded the motion. Motion was approved. 9. Linda Hopkins reported for the Steering Committee noting that Peggy Bowers and Katie Stieber were attending the ICAA conference gathering more information on evidence based programming. 10. No report was available from Bob Adams and Peggy Bowers of activity by the Project Team. 11. Board by consensus agreed to cancel the December 18 th Board Meeting. 12. Barbara Schoenberger reported that Senior Center interns continue to call members and users in the final phone calling campaign. 13. John Roccaforte reported that Pay Pal continues to work. Additional donations are noted. Board members can refer to the Treasurer’s report. All monies in the savings account are deposited from Pay Pal. 14. Mike Loughlin reported that the website has been recently updated. He is asking for all updated information on grants to be posted. He has recently activated links for the auditorium campaign and the Winter Whimsy event. 15. Peggy McGough reported for the Pickle Ball Tournament which has raised $6808.00 to date. 16. Barbara Schoenberger reported that the City has been invoiced for the proceeds of the Sundance Western Night Out event held on October 19. 17. Peggy McGough reported that the Ann Hillerman event held the night before was very successful. Audience was estimated at 130. Over $1000 was raised for the campaign. Attendees requested more events of this nature. 18. Barbara Schoenberger reported that Katie Stieber will assume responsibility for administration of the brick campaign. She will communicate with all donors, determine engravings, and order the bricks. Work to secure the information will begin after the first of the year. 19. Christina Ulrich-Jones reported on the early successes of the campaign to raise funds for the educational, information, and entertainment auditorium. Randy and Kathy Fisher hosted a kickoff event at the Senior Center on November 10 which netted nearly $12000 in donations and pledges. AARP had a campaign event on November 14. State AARP will host a series of advertisements for the campaign and direct donors to the Packet Pg. 86 Attachment10.2: Expansion Committee Meeting minutes, November 12, 2013 (Senior Center Appropriations of Additional Funds) website. Several members pledged donations at the event. Christina also detailed the contributions of her father’s family the Clair’s of Pennsylvania who own the largest sound company in the world. They have agreed to design the light and sound for the auditorium. She is in communication with them about additional support. Also, the OOA and Aspen Club are planning a pie and coffee event to raise funds. Details to follow. 20. Peggy McGough circulated a work schedule to Board members to assist with the booth at the Holiday Market (November 29 and 30). Expansion Committee will sell cookbooks donated by Carol Kates as well as walking sticks and canes made and donated by Hamilton Tree Farm. Crafters at the Market donate items for drawings. Chances are $1 each. CHAT artisans have also made and donated a number of items for sale. 21. The Expansion of the Senior Center was not selected for the Coloradoan Causes campaign. It was great exposure and pleased to be included. 22. Board discussed groundbreaking. All were enthusiastic and pleased with the day, the event, and the donations. 23. Cindy Roccaforte, Krista Covell, and Sharon Keay (organizing committee for the Annual Meeting) reported on planning. Cindy Roccaforte made a motion requesting that $400.00 be appropriated for the event. Lizbeth Denkers seconded the motion. Motion was approved. 24. Board reviewed election requirements for the annual meeting. 25. Resignation from Ann Leffler was accepted with regret. Peggy McGough will send a letter from the Board. 26. Board reviewed request from Brenda Carns for a leave of absence from the Board thru March, 2014. Lizbeth Denkers made a motion to accept the request; Bonnie Markstrom seconded the motion. Motion was approved. 27. Meeting was adjourned at 5:45 p.m. Agenda/December 18, 2013 Meeting cancelled Packet Pg. 87 Attachment10.2: Expansion Committee Meeting minutes, November 12, 2013 (Senior Center Appropriations of Additional Funds) Packet Pg. 88 Attachment10.3: Expansion Committee Letter of Intent to Transfer Funds (Senior Center Appropriations of Additional Funds) FCSCBOBEXPCOM.,INC TREASURER’S REPORT September 2013 OPENING BALANCE $29,004.51 INCOME $ 19,137.10 DISBURSEMENTS $ 17,640.63 (Some $$ transferrred to Money Market) BALANCE 10/31/2013 $30,500.98 INCOME DETAIL Donations(Individual) $ 8,170.00 Includes designated $1,000 for equipment Corporate $ 500.00 Exxon/Mobil Volunteer Match Interest $ 2.20 Memorial $ 25.00 Genieve Garst Memorial $ 295.00 Jerry Reinan Honorarium $ 25.00 Gina C. Janett Brick Pavers $ 2,100.00 Cane donation $ 60.00 Hillerman Tickets $ 70.00 Pickle Ball $ 6,445 .00 All American Picnic $ 1,169.90 EIE Center $ 275.00 TOTAL INCOME $ 19137.10 Packet Pg. 89 Attachment10.4: Expansion Committee Treasurer's Report, November 17, 2013 (Senior Center Appropriations of Additional Funds) DISBURSEMENTS Merchant Service Fee $ 19.15 StoryForge $ 1875.00(Campaign $875.00, Grants $ 1,000.00) FRII $ 14.95 USPO $ 124.00 One year box rent Paul M. Loughlin $ 114.00 website August – September Genteel Graphics $ 525.00 Posters, flyers, etc. Genteel Graphics $ 315.00 Lifetime of Caring Office Max $ 22.53 Receipt books Transfer to MM $ 14,631.00 October 1 TOTAL DISBURSEMENTS $ 17,640.63 CERTIFICATE OF DEPOSIT $ 45,601.99 MONEY MARKET ACCOUNT $126,729.03 Interest October $ 46.82 Anonymous $ 15,000.00 Transfer from Operating $ 14,631.00 B. Smith $ 25,000.00 TOTAL MM ACCOUNT $181,406. 85 Packet Pg. 90 Attachment10.4: Expansion Committee Treasurer's Report, November 17, 2013 (Senior Center Appropriations of Additional Funds) SAVINGS ACCOUNT $758.01 Transfer $440.00 Account Total $1,198.01 TOTAL SECURED DOLLARS $228,206.85 EOM Still getting Pickle Ball Donations. Up to date number is $6738.00 (11/15)Great event. Thanks to all. All American Picnic Net $1,419.00 Packet Pg. 91 Attachment10.4: Expansion Committee Treasurer's Report, November 17, 2013 (Senior Center Appropriations of Additional Funds) - 1 - ORDINANCE NO. 002, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE FOR THE SENIOR CENTER EXPANSION PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City has received $400,000 from the Senior Center Expansion Committee for the Senior Center Expansion Project; and WHEREAS, the Senior Center Expansion Project is one of the projects approved by voters in 2005 for the Building on Basics Capital Program; and WHEREAS, the Senior Center Expansion Project focuses on increasing fitness and wellness facilities, activities, and programs for the active adult population in Fort Collins; and WHEREAS, these funds will be used to provide improvements to the Senior Center Expansion Project for items requested by facility staff and the Senior Center users during public outreach meetings; and WHEREAS, one percent of these appropriations ($4,000) must be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with $3,120 reserved for the APP artwork project and $880 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the above-referenced appropriation of funds will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged; 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 unanticipated revenue in the Capital Projects Fund the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for the Senior Center Expansion - Building on Basics Capital Project. Packet Pg. 92 - 2 - Section 2. That the unexpended appropriated amount of THREE THOUSAND ONE HUNDRED TWENTY DOLLARS ($3,120) in the Capital Projects Fund - Senior Center Expansion 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 EIGHT HUNDRED EIGHTY DOLLARS ($880) in the Capital Projects Fund - Senior Center Expansion 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 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 93 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Steve Roy, City Attorney Kathleen Lane, Municipal Judge SUBJECT First Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties. EXECUTIVE SUMMARY The purpose of this item is to adjust the maximum fines Municipal Court may impose so they are consistent with state law. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The General Assembly amended Section 13-10-113, C.R.S., authorizing municipal courts of record to impose a fine of up to $2,650 or imprisonment of up to one year, or both, upon persons convicted of a municipal ordinance or code offense, with the court fines to be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter. FINANCIAL / ECONOMIC IMPACT This increase, allowed by state law, will afford the municipal court judges more discretion in the tailoring of penalties for more serious offenses. This Ordinance increases the maximum fine amount that may be charged by a municipality. It is unknown whether it will increase revenues for the city. Packet Pg. 94 - 1 - ORDINANCE NO. 003, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO GENERAL PENALTIES WHEREAS, Article XX, Section 6(h) of the Colorado Constitution grants to home rule municipalities all powers necessary, requisite, or proper for the government and administration of their local and municipal matters, including the power to legislate upon, provide, regulate, conduct and control the imposition, enforcement and collection of fines and penalties for the violation of any provision of its charter, or of any ordinance adopted in pursuance of its charter; and WHEREAS, the Colorado Supreme Court has held that establishing and imposing fines and other penalties for ordinance violations is a proper exercise of home rule authority under Article XX, Sec. 6, Colorado Constitution; and WHEREAS, pursuant to Article VII, Section 1 of the City Charter, and Chapter 19, Article 1 of the City Code, the City has established a Municipal Court of record to hear and try all alleged violations of the ordinances of the City; and WHEREAS, under Article VII, Section 2 of the City Charter, the maximum penalty for violating the ordinances of the City is to be set by the City Council by ordinance; and WHEREAS, Section 1-15 of the City Code states that fines and/or imprisonment for violations of municipal ordinances must be established within the limits set by state law; and WHEREAS, the maximum monetary penalty that the Municipal Court may currently impose under state law and under Section 1-15 is $1,000; and WHEREAS, this $1,000 penalty has not changed since Ordinance 004, 1990 became effective on February 16, 1990; and WHEREAS, by adoption of House Bill 13-1060, the State of Colorado has amended Section 13-10-113, C.R.S., to increase the maximum fine amount which a municipal court may impose for violation of a municipal ordinance from $1,000 to $2,650, and WHEREAS, the Municipal Court Judge and City Attorney recommend that the City increase its maximum fines accordingly to ensure that the City’s fines are consistent with those of other municipalities in the state; and WHEREAS, during the 2013 legislative session, the General Assembly further amended Section 13-10-113, C.R.S., to state that the limitation on municipal court fines is to be adjusted for inflation on January 1 of each calendar year; and Packet Pg. 95 - 2 - WHEREAS, “inflation” is defined in the statute to mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index; and WHEREAS, the City Council wishes to increase the maximum monetary penalty which the Municipal Court may impose to conform to state law; and WHEREAS, the City Council believes that these fines should be adjusted for inflation on January 1 of each year NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1-15(a) of the City Code is hereby amended to read as follows: Sec. 1-15. General penalty and surcharges for misdemeanor offenses, traffic offenses and traffic and civil infractions. (a) Except as to traffic infractions described in Subsection (b) below and any other civil in-fraction specified as such in this Code, any person who shall violate any provision of this Code, the Charter or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful thereby, or who shall engage in any business, occupation or activity for which a license or permit is required without having a valid license or permit therefor, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty specifically provided for such violation or, if none, then by a fine not exceeding one two thousand six hundred fifty dollars ($1,0002,650.) or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed. No person under the age of eighteen (18) years as of the date of the offense shall be subject to imprisonment except in the case of failure to comply with a lawful order of the court, including an order to pay a fine, and then only in the manner provided in Section 13-10-113, C.R.S., and the Colorado Children's Code, Section 19-1-101 et seq., C.R.S. Each day upon which a violation continues shall constitute a separate misdemeanor offense unless some other specific time period is provided for any particular offense. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. (b) A violation of any provision of Chapter 28, Vehicles and Traffic, in this Code or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the commission of the violation, its counterpart violation under the provisions of Article 4 in Title 42 of the Colorado Revised Statutes, if any, is designated by state law as being a traffic infraction. If no counterpart violation exists under state law, the violation shall be deemed to be a traffic infraction. All other violations under Chapter 28 of this Code or Packet Pg. 96 - 3 - the Fort Collins Traffic Code shall be considered misdemeanors punishable as described in Subsection (a) of this Section. Any person against whom judgment is entered for a traffic infraction under this Code shall be subject to the penalty of a fine and any surcharge, the total of which is not to exceed onetwo thousand six hundred fifty dollars ($1,0002,650.), and shall not be subject to imprisonment on account of such judgment. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. . . . (f) Except as provided in Paragraph (4) below, any person found responsible for a violation of this Code designated as a civil infraction shall pay a civil penalty for such infraction of not more than one two thousand six hundred fifty dollars ($1,0002,650.). Said amount shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index, plus costs, damages and expenses as follows: . . . Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 97 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT First Reading of Ordinance No. 004, 2014, Authorizing the Execution of a New Intergovernmental Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule, Ratifying Fee Changes and Collections Made in the Past, and Amending Section 7.5-85(d) of the City Code Pertaining to the Remittance to the County of the Collected Fees. EXECUTIVE SUMMARY The purpose of this item is to execute a new Intergovernmental Agreement (IGA) with Larimer County that allows for the collection of a Regional Road Fee at the time of development. The Ordinance adopts a fee schedule and ratifies past fee changes and collections and also amends Section 7.5-85(d) of the City Code pertaining to the remittance of the fee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2000, the City and Larimer County entered into an IGA agreeing that the City would collect a Regional Road Fee on behalf of Larimer County. The fee is collected at the time a building permit is issued. The Regional Road Fee helps generate revenue for off-site road improvements that are necessitated by new development. The fees are only used on capacity related improvements that are of mutual benefit to both the City and the Larimer County. The IGA adopted in 2000 expired in 2010, and although the fee collection is not conditioned upon the Agreement, having an IGA in place articulates the need and the desire for collaboration between the City and County in regard to continued growth and development which will increase demand for road capacity on the regional road system. Originally, the fee was envisioned as a true regional fee, with all communities in Larimer County collecting a fee for roads outside the major communities. Ultimately, Fort Collins was the only community other than Larimer County to adopt the fee. Because of this, the fee has operated as a Larimer County-Fort Collins collaboration of resources and staff making improvements to regionally significant roads within the Fort Collins Growth Management Area. Recently completed projects include Taft Hill Road between Harmony and Horsetooth, the turn lanes at Taft Hill/Trilby intersection, and Taft Hill/LaPorte intersection improvements. Future projects will likely include Shields Street from Vine to Willox and turn lane improvements at Shields/Trilby and at Gulley’s Greenhouse. The Larimer County Land Use Code specifies that the Regional Transportation Capital Expansion Fees shall be updated to reflect changes in road construction costs during the previous year. The methodology for adjustments is based on a two-year moving average calculated from the Colorado Construction Cost Index data compiled by Colorado Department of Transportation. Packet Pg. 98 Agenda Item 12 Item # 12 Page 2 Larimer County’s procedure for fee adjustments is to update the two-year moving average using the most recent prior year construction cost index data and calculate new adjusted fees. If the change is less than 5% the new fees become effective without further action by the Board of County Commissioners (BCC). If the increase exceeds 5% the Land Use Code specifies that the BCC review and approve the fee change. The County typically adjusts and adopts new fees in July of each year. The City brings fee changes annually (typically in December) and in the future this fee and any changes will be included. The County is aware of the lag time in our schedules. After the original IGA was adopted and the fee was added to the Code in 2000, several adjustments in the amount of the fee were made. However, the adjustments to the fee schedule were not consistently presented to the Council for approval before being implemented. Therefore, because the Code requires Council approval of the fee schedule, Section 2 of the Ordinance ratifies those fee amounts. The 2013 Fee Table is included as an attachment. The fee change for a regional single family detached home will be a $12 increase (4.7% increase). FINANCIAL / ECONOMIC IMPACT The fees are collected on behalf of Larimer County. Revenues from the fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20. Adoption will result in an increase to development fee payers. The fees provide needed funds for road improvements that would otherwise compete with other budget items. ATTACHMENTS 1. 2013 Transportation Capital Expansion Fee Schedule (PDF) Packet Pg. 99    7UDQVSRUWDWLRQ&DSLWDO([SDQVLRQ)HH6FKHGXOH (IIHFWLYH-XO\ /DQG8VH7\SH 8QLWRI &RXQW\ 5HJLRQDO 7RWDO  0HDVXUH 3HU8QLW 5HVLGHQWLDO  6LQJOH)DPLO\'HWDFKHG 'ZHOOLQJ    &DELQ RIVLQJOHIDPLO\GHWDFKHG      7UDQVSRUWDWLRQ&DSLWDO([SDQVLRQ)HH 7&() - 1 - ORDINANCE NO. 004, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A NEW INTERGOVERNMENTAL AGREEMENT PERTAINING TO A REGIONAL ROAD IMPACT FEE PROGRAM, ADOPTING A REGIONAL ROAD IMPACT FEE SCHEDULE, RATIFYING FEE CHANGES AND COLLECTIONS MADE IN THE PAST, AND AMENDING SECTION 7.5-85(d) OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE REMITTANCE TO THE COUNTY OF THE COLLECTED FEES WHEREAS, the City is authorized under Article XX, Section 6 of the Colorado Constitution to adopt ordinances and regulations for the purpose of promoting and preserving the public health, safety and welfare of the citizens of the City, and has the full right of self- government in local municipal matters including, without limitation, the power to regulate, as matter of purely local concern, the development of real property within the City; and WHEREAS, the City Council has determined that future growth and new development in the City should contribute a proportionate share of the cost of providing the capital improvements necessary to mitigate the impacts of such growth and new development; and WHEREAS, by adoption of Chapter 7.5, Article II of the City Code, the City Council has adopted certain capital improvement expansion fees to help defray the capital cost of expanding public facilities within the City in order to accommodate new development in the City; and WHEREAS, heretofore, the County and the City have, by intergovernmental agreement, established a policy that new land development activity should bear a proportionate share of the cost of providing the new road capital improvements needed to mitigate the impacts of new growth and development on the regional road system; and WHEREAS, the Larimer County Commissioners and the City Council have determined that the imposition of a regional road impact fee is an effective method to ensure that new development bears a proportionate share of the costs of the new road capital improvements necessary to accommodate new development and that such fee promotes and protects the public’s health, safety and welfare; and WHEREAS, Larimer County and the City have the authority to cooperate in adopting regional fees for such purposes pursuant to the Colorado Constitution, the Colorado statutes and the Charter of the City of Fort Collins; and WHEREAS, it is the objective of Larimer County and the City to make the most efficient use of their powers by jointly implementing planning, zoning and subdivision requirements and by the adoption of transportation master plans for the provision of new road capital improvements in order to maintain the adopted level of service on those roads; and WHEREAS, in 2000, pursuant to Article XIV, Sections 18 (2)(a) and (b) of the Colorado Constitution; Sections 29-20-105 and 29-1-102, C.R.S.; and Article II, Section 16 of the Fort Packet Pg. 102 - 2 - Collins City Charter, the City and Larimer County entered into an intergovernmental agreement to implement joint planning, zoning and subdivision requirements by the adoption of a regional capital improvement expansion fee program for the purpose of providing road capital improvements for the regional road system (the “Intergovernmental Agreement”); and WHEREAS, the Intergovernmental Agreement was authorized by the City Council pursuant to Resolution 2000-24, adopted on February 1, 2000; and WHEREAS, the term of the Intergovernmental Agreement has expired; and WHEREAS, staff has recommended that a new Intergovernmental Agreement be approved because projections show that there will be continued growth and development in the region over the next twenty years which will continue to increase the demand for capacity on the regional road system; and WHEREAS, pursuant to the Intergovernmental Agreement, Chapter 7.5, Article IV of the City Code provides for the imposition and collection of the Regional Transportation Capital Improvement Expansion Fee; and WHEREAS, City Code Section 7.5-8(c) states that the amount of the fee will be in accordance with a fee schedule approved by the City Council by ordinance; and WHEREAS, since 2008 through 2010, the fee amounts imposed by the City were in accordance with the amounts approved by Larimer County, but such amounts had not been submitted to the City Council for approval; and WHEREAS, the fee amounts imposed since 2010 have remained at the 2010 level; and WHEREAS, the City Council has determined that a new Intergovernmental Agreement should be executed for a period of ten years with a provision for subsequent automatic renewal, and that all fee changes and fees collected previously should be ratified and that a new fee schedule should be adopted and approved. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby authorizes the Mayor to execute a new Regional Road Impact Fee Intergovernmental Agreement for a ten-year term with subsequent automatic renewals, in substantially the form attached hereto as Exhibit “A,” with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Section 2. That the City Council hereby ratifies all past fee changes and fees collected under the Intergovernmental Agreement from 2008 to the present. Packet Pg. 103 - 3 - Section 3. That the City Council hereby adopts and approves a new fee schedule as required pursuant to Section 7.5-82(c)(1) of the City Code, which fee schedule is attached hereto as Exhibit “B.” Section 4. That Section 7.5-85(d) of the Code of the City Fort Collins is hereby amended to read as follows: d) Establishment of trust fund. There is hereby established the Regional Transportation Capital Expansion Fee Trust Fund for the purpose of assuring that feepayers receive sufficient benefit for regional transportation expansion fees paid. All regional transportation capital improvement expansion fees collected by the Financial Officer pursuant to this Division shall be paid over to the County by the City, less a two- percent administration fee, on a quarterly basis; provided, however, that all such regional road impact fee revenues shall be held in an interest-bearing account by the City for one (1) year from the date of collection of the same until the close of each quarter year before being forwarded, together with accrued interest thereon, to the Regional Impact Fee Administrator. Upon receipt, said fee revenues shall be forthwith deposited by the County into a Regional Transportation Capital Improvement Expansion Fee Trust Fund (the "Trust Fund"). Any proceeds in the Trust Fund not immediately necessary for expenditure shall be invested in an interest-bearing account. All income derived from these investments shall be retained in the Trust Fund. Records of the Trust Fund accounts shall be available for public inspection in the County's Regional Road Impact Fee Administrator's office, during normal business hours. All monies within the Trust Fund shall be expended only as provided in this Article. Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 104 - 4 - Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 105 1 Exhibit A REGIONAL ROAD IMPACT FEE INTERGOVERNMENTAL AGREEMENT This Regional Road Impact Fee Intergovernmental Agreement (hereinafter “Intergovernmental Agreement”) is entered into, made, and enacted this _____ day of ____________, 2013, by and between the Board of County Commissioners of Larimer County, Colorado (hereinafter referred to as “the County”) and the Governing Body of the City of Fort Collins, Colorado, a Colorado municipal corporation (hereinafter the “City”); W I T N E S S E T H: WHEREAS, the Region consists of the entirety of the unincorporated County and the incorporated area of the City; and WHEREAS, the County and the City recognize that there is a Regional Road System that connects urban areas; and WHEREAS, Larimer County is updating the “Larimer County Transportation Master Plan” and preparing an impact fee study (the “Larimer County Road Capital Expansion Fee Study”); and WHEREAS, projections show that there will be continued growth and development in the Region over the next twenty (20) years which will increase the demand for capacity on the Regional Road System; and WHEREAS, the City and the County agree that new land development activity shall bear a share of the cost of the provision of new road capital improvements required by new growth and development on the Regional Road System; and WHEREAS, the County and the City have determined that the imposition of a regional road impact fee is an effective method to ensure that new development bears a share of the costs of the road capital improvements necessary to accommodate new development and that such fee promotes and protects the public health, safety and welfare; and WHEREAS, a regional impact fee that contributes to the funding of the cost of the implementation of the Master Plan of the County, including the Larimer County Transportation Master Plan and the Comprehensive Plan of the City is in the best interests of the City and the County; and Packet Pg. 106 Attachment1: Exhibit A (Regional Road Impact Fee ORD) 2 WHEREAS, the County and the City have the authority to adopt a regional road impact fee pursuant to the Colorado Constitution and the Colorado statutes; and WHEREAS, it is the objective of the County and the City to make the most efficient use of their powers by jointly implementing planning, zoning, and subdivision requirements by the adoption of a regional road impact fee program for the provision of road capital improvements for the Regional Road System in order to maintain an adopted level of service on those roads; and WHEREAS, pursuant to Art. XIV, Sec. 18(2)(a) and (b), Col. Const.; Secs. 29-20-105 and 29-1-102, C.R.S.; and Article II, Section 16 of the Fort Collins City Charter, the County and the City desire to enter into this Intergovernmental Agreement to implement joint planning, zoning, and subdivision requirements by the adoption of a regional road impact fee program for the purpose of providing road capital improvements for the Regional Road System in order to maintain an adopted level of service on those roads; and WHEREAS, pursuant to this Intergovernmental Agreement, the County and City desire to designate this joint responsibility of planning for and administering this regional road impact fee program to Larimer County. NOW, THEREFORE, pursuant to the provisions of Art. XIV, Sec. 18(2)(a) and (b), Col. Const., Secs. 29-20-105 and 29-1-102, C.R.S., and Article II, Section 16 of the Fort Collins City Charter, and in consideration of the mutual promises contained herein and for other good and valuable consideration, it is hereby agreed by and between the parties hereto as follows: 1. Purpose. The purpose of this Intergovernmental Agreement is to make the most efficient use of the powers of the County and the City to implement a regional road impact fee program that contributes toward the provision of adequate road facilities on the Regional Road System to accommodate new growth and development. 2. Agreement to jointly Exercise Powers. The County and the City agree to jointly use their planning, zoning, and subdivision authority to plan for and implement a regional road impact fee program for the Region. 3. Joint Responsibilities. The City agrees and Larimer County accepts the general responsibility to plan for, implement and administer the regional road impact fee program for the Region. More specifically, Larimer County's responsibilities shall include the following: a . Planning Responsibilities/Preparation of Region's Capital Improvement Program (CIP). To conduct a transportation study of the Region and prepare the Regional Road CIP and, from time-to-time update such CIP. After its preparation, the Regional Road Impact Fee program shall not be effective within the Packet Pg. 107 Attachment1: Exhibit A (Regional Road Impact Fee ORD) 3 jurisdiction of the City until the Regional Road CIP or applicable update thereof is approved by the City Engineer as its own Regional Road CIP. b. Implementation Responsibilities/Preparation of Regulation. To prepare and present to the City, a proposed Regional Road Impact Fee regulation to implement the Regional Road CIP and to ensure that new growth and development will bear a proportionate share of the cost of the provision of road capital improvements on the Regional Road System required by the impacts of such development. c. Administrative Responsibilities of Program. The administration of the regional road impact fee program, including appointment by the Board of County Commissioners of Larimer County of a Regional Road Impact Fee Administrator, who shall be responsible for the day-to-day administration of the regional road impact fee program in the County, with assistance from the City. Specifically, the Regional Road Impact Fee Administrator shall be responsible for the following: (i) Administration of independent fee calculation studies, credits, and refunds. (ii) Receipt of the regional road impact fees from the City, less an administrative fee charged by the City not to exceed two (2) percent per annum shall be delivered to the County Regional Road Impact Fee Administrator on a quarterly basis each year. The Regional Road Impact Fee Administrator shall transfer these funds into an interest bearing Trust Fund. (iii) Administration of the expenditure of regional road impact fee funds in the Trust Fund. The Regional Road Impact Fee Administrator shall, upon request by the City, prepare a report and recommendation regarding the proposed expenditures of trust fund monies for Regional Roads, and promptly submit the same to the City. After review of the recommendation, the City shall approve or modify the recommended expenditures of trust fund monies. Expenditures shall be limited to those road capital improvement projects included in the Regional Road CIP and approved for expenditure by the City. If, within a period of three (3) consecutive years from the date that Regional Road Impact fee revenues are first forwarded to the Regional Road Impact Fee Administrator by the City, the parties have been unable to agree upon a plan of expenditure for such funds, all monies theretofore transmitted to the Regional Road Impact Fee Administrator shall be returned to the City, together with a proportionate share of the accrued interest on said funds, and all obligations of the parties under this Agreement shall cease. The City shall Packet Pg. 108 Attachment1: Exhibit A (Regional Road Impact Fee ORD) 4 refund said funds to the feepayers or to their successors in interest in those instances where developments subject to the fee have been sold by the feepayers. (iv) Any fees collected by the City under the authority of this Agreement shall be returned by the County to the feepayer or the feepayer's successor in interest (if the development subject to the fee has been sold by the feepayer) if the fees have not been spent within seven (7) years from the date the building permit for the development was issued, along with the interest earned on the fee. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent. The refund shall be administered by the Regional Road Impact Fee Administrator. (v) Initiation of a review of the Regional Road Impact Fee Study, Regional Road CIP and the Regional Road Impact Fee Regulation of the County and the City will be conducted by the parties every three (3) years to determine if any modifications need to be made to the program. Before any modifications to the Regional Road Study take effect, they shall be approved by the City Council and the Board of County Commissioners. 4. Duration. The duration of the Intergovernmental Agreement shall be for ten (10) years from the date hereof and shall be automatically renewed for successive ten (10) year periods unless terminated by either party. Either party may terminate this Agreement at the close of any ten (10) years period by the giving of written notice of termination to the other party not less than thirty (30) days prior to the close of the ten (10) year period than in effect. 5. Claims and Lawsuits. In the event that the Regional Road Impact Fee to be imposed by the City under this Agreement is challenged by any party through the filing of a notice of claim with the City under the Colorado Governmental Immunity Act or the commencement of any litigation, the County and the City agree to pay their own costs and attorneys’ fees related to such claim or litigation. However, the County further agrees, immediately upon receiving any notice from the City of the filing of such a notice of claim or the commencement of such litigation, to segregate and hold in a separate account the full amount of any fee revenues theretofore delivered to the County by the City which are, or may be, the subject of such notice of claim or litigation, provided that such fee revenues have not been expended or encumbered by the County, pursuant to a fully executed agreement between the County and a third party, for the purpose of designing, engineering or installing improvements for regional roads, or acquiring rights- of-way for such regional roads. Such amounts shall be held by the County and not expended until the dispute that is the subject of the notice of claim or litigation has been finally resolved, either by agreement or by a final decision of any court having jurisdiction over the matter, at which time said fee revenues shall be expended, to the Packet Pg. 109 Attachment1: Exhibit A (Regional Road Impact Fee ORD) 5 extent they are sufficient, to satisfy any amount due to the claimant(s) or plaintiff(s) pursuant to the terms of any settlement agreement or final court decision. The City shall have the right, in its sole discretion, to settle any such claims or lawsuits, utilizing, if necessary in the City’s judgment, the full amount of the funds held by the County under this provision. 6. Termination. Either party shall have the authority to terminate its participation in this Intergovernmental Agreement and the Regional Road Impact Fee Program if the other party materially fails to comply with the terms of this Agreement or materially modifies the Regional Road CIP and the Regional Road Impact Fee regulation within its jurisdiction without the consent of the terminating party. Following any such termination, the parties shall negotiate in good faith to agree upon the regional road improvements to be funded by any regional road impact fee revenues theretofore forwarded to the County by the City and remaining in the trust fund as of the date of termination. In the event that, within six (6) months from the date of termination, the parties have not been able to reach agreement with regard to any such proposed expenditures, the remaining amount of City funds in the trust fund shall be forthwith returned to the City, together with all accrued interest on said funds, and all other obligations of the parties under this Agreement shall cease. BOARD OF COMMISSIONERS LARIMER COUNTY, COLORADO By: ___________________________________ Chair ATTEST: ___________________________ Deputy and Clerk of the Board CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation By: __________________________________ Mayor ATTEST: _________________________ City Clerk Packet Pg. 110 Attachment1: Exhibit A (Regional Road Impact Fee ORD)    7UDQVSRUWDWLRQ&DSLWDO([SDQVLRQ)HH6FKHGXOH (IIHFWLYH-XO\ /DQG8VH7\SH 8QLWRI &RXQW\ 5HJLRQDO 7RWDO  0HDVXUH 3HU8QLW 5HVLGHQWLDO  6LQJOH)DPLO\'HWDFKHG 'ZHOOLQJ    &DELQ RIVLQJOHIDPLO\GHWDFKHG      7UDQVSRUWDWLRQ&DSLWDO([SDQVLRQ)HH 7&() Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Kechter Farm Annexation and Zoning. EXECUTIVE SUMMARY A. Resolution 2014-001 Setting Forth Findings of Fact and Determinations Regarding the Kechter Farm Crossing Annexation. B. Hearing and First Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. This is a request to annex and zone 88.21 acres located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently in the County’s development review process. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The annexation of this property will create an enclave, which will affect approximately 180 acres of land to the north and west of the subject annexation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BACKGROUND / DISCUSSION The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted on August 31, 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulate the following: Packet Pg. 113 Agenda Item 13 Item # 13 Page 2 “The County may accept development applications for lands located within any area that is part of a “receiving area” established through an adopted subarea plan for any Larimer County Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat” (Section 5B). Thus, this IGA stipulates that the properties in this area are annexed after the development review process. The City does have an opportunity to comment on projects, and City staff has reviewed and commented on the Kechter Farm project through the County’s development review process. This process of County plan review followed by annexation was also undertaken with the Westchase, Kechter Crossing, Fossil Lake neighborhoods. The IGAs referenced are available online at <http://www.fcgov.com/advanceplanning/pdf/iga-doc.pdf>. Kechter Farm is located within the Fossil Creek Reservoir Area Plan and contains 286 acres (see Attachment 5). The parcel contains land that is both within the sending area (area to be conserved) and receiving area (area to be developed). In 2012, the Board of County Commissioners approved the project’s General Development Plan which permanently protected over 116 of the 286 acres on the parcel, making the conservation of this land the last major piece of the Fossil Creek Reservoir conservation effort outlined in the Fossil Creek Reservoir Area Plan. This annexation is for 88.21 of the 170 acres that is designated for land development in the Kechter Farm General Development Plan. Kechter Farm has 1/6 contiguity to existing City limits through Kinard Middle School to the northeast (annexed in May of 2007), Fossil Lake Third Annexation to the east (March 2002), Westchase Second Annexation (December 2001), and the Poudre School District and Timbers PUD Annexation (July 2002), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The annexation of this first phase of the Kechter Farm GDP will create an enclave to the north and west of the subject property (Attachment 4). According to State Statutes, the creation of an enclave allows the municipality to annex the enclave areas after it has been an enclave for three years without a petition. The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; Homestead Subdivision E: LMN in the City of Fort Collins; Kinard Middle School Fossil Lake PUD S: FA1 - Farming in Larimer County; Fossil Creek Reservoir W: UE in the City of Fort Collins; Westchase PUD LMN in the City of Fort Collins; Westchase PUD Mail Creek Crossing Timbers Development Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. Findings: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 2. The requested placement into the Low Density Mixed-Use Neighborhood and Urban Estate District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. Packet Pg. 114 Agenda Item 13 Item # 13 Page 3 3. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 4. On December 3, 2013, the City Council adopted Resolution 2013-097 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested LMN, Low Density Mixed Use Neighborhood and UE, Urban Estate Zoning Districts are in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. It should be noted that due to an Intergovernmental Agreement between Larimer County and the City of Fort Collins for the Fossil Creek Reservoir Area Land Use Framework Plan, this annexation is contingent upon completing development as described in the General Development Plan. If changes to the General Development Plan are such that they warrant a major amendment to the Plan, the zoning with conditions would no longer be applicable and the property would be considered zoned Urban Estate and Low Density Mixed-Use Neighborhood pursuant to the Land Use Code. FINANCIAL / ECONOMIC IMPACT No direct financial impacts result from the proposed annexation and zoning. ENVIRONMENTAL IMPACTS The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed annexation and zoning of the property. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Comprehensive Plan & Land Use Code. BOARD / COMMISSION RECOMMENDATION At its December 12, 2013 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 7-0 to recommend approval of the annexation. The Board voted 5-0 to recommend that the property be placed in the Low Density Mixed Use Neighborhood and Urban Estate Zone Districts and in the Residential Neighborhood Sign District. The minutes from the December 12, 2013 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on December 12, 2013. A letter of notification of the public hearing was mailed to all Affected Property Owners within 1000 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings. A meeting was not held for this annexation & zoning request, due to the fact that the development project was reviewed and approved in the County and a neighborhood meeting was conducted as part of the County review. There was significant public outreach during the land use approval process for the General Development Plan (GDP) through Larimer County, including a neighborhood meeting, and public hearings before the Planning Commission (June 20, 2012) and Board of County Commissioners (December 10, 2012). The GDP was approved by the Board of County Commissioners by a vote of 3-0. The preliminary plat is Packet Pg. 115 Agenda Item 13 Item # 13 Page 4 scheduled to be heard before the Planning Commission on December 18, 2013 and Board of County Commissioners on January 13, 2014. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Enclave Area Created (PDF) 5. General Development Plan (PDF) 6. Planning and Zoning Board December 12, 2013 minutes (draft) (PDF) Packet Pg. 116 Kechter Road S Timberline Road Carpenter Road I-25 TRroilabdy HIGHRIDGE FOSSIL SCHOOL ELEMENTARY ZACH KINARD ELEBMAECNOTNARY GSOCDHDOAORLD Kechter Vicinity Farm (Phase Map One) 1 inch = 2,000 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Limits Growth Management Area F o s s i l C r e e k R e s e r v o i r General Kechter Development Farm Plan ATTACHMENT 1 Packet Pg. 117 Attachment13.1: Vicinity Map (Kechter Farm Annex) Fossil Reservoir Creek © Kechter Structure Farm (Phase Plan One) Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) KECHTER RD E CR 36 S TIMBERLINE RD 1 inch = 0.3 miles ZIEGLER RD Farm Site Annexation - Kechter (Phase One) Annexaton - Ar ea￿ Mail CrosCsrienegk Kechter Farm GDP ATTACHMENT 2 Packet Pg. 118 Attachment13.2: Structure Plan Map (Kechter Farm Annex) Kechter Road S Timberline Road TRroilabdy BACON KINARD ELEMENTARY GSOCDHDOAORLD Ziegler Road LMN T LMN POL UE UE POL RL UE MMN LMN NC UE UE UE LMN MMN Kechter Zoning Farm (Phase Map One) 1 inch = 1,200 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) F o s s i l C r e e k R e s e r v o i r General Kechter Development Farm Plan M a i D l i t C c r h e e k Mail Crossing Creek ATTACHMENT 3 Packet Pg. 119 Attachment13.3: Zoning Map (Kechter Farm Annex) Kechter Road S Timberline Road TRroilabdy Kechter Enclave Farm Area (Phase Created One) 1 inch = 1,200 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Limits Enclave Area Created Growth Management Area Kechter Farm ATTACHMENT 4 Packet Pg. 120 Attachment13.4: Enclave Area Created (Kechter Farm Annex) ATTACHMENT 5 Attachment13.5: General Development Plan (Kechter Farm Annex) Planning and Zoning Board Hearing Minutes December 12, 2013 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 6:06 p.m. Roll Call: Carpenter, Hart, Kirkpatrick, Smith and Schneider Absent: Hatfield and Heinz Staff Present: Kadrich, Eckman, Ex, Holland, Gloss, Levingston, Beals, Sanchez- Sprague, Burnett, and Cosmas Agenda Review Chair Smith provided background on the board’s role and what the audience could expect as to the order of business. He described the following processes: • Citizen Participation is an opportunity for citizens to address the board on non-agenda related items. • Consent agenda items are considered items which have no known opposition. They are approved collectively at the beginning of the meeting unless a board member, staff or audience member requests an item is pulled and moved to the discussion agenda. • Discussion agenda items will include an applicant presentation, a staff presentation, and public comment. • At the time of public comment, he asked that you come to the podium, state your name and address for the record, and sign-in. He asked that the speaker clearly state their position. He encouraged speakers to share comments relevant to the topic under discussion. • Responses by applicant and staff will follow public comment. • The board will deliberate and reach a decision once a motion has been made and a vote taken. • He will begin each new item with a description of the development type being considered. The board will do their best not to use acronyms or jargon. Director Laurie Kadrich reviewed the items on both the Consent and Discussion agendas. She noted that one item that was previously on the Discussion agenda has been requested to be moved to the Consent agenda, specifically the Foothills Mall Redevelopment Phase Two Major Amendment. Deputy City Attorney Eckman asked if anyone present, citizens or Board members, wanted to remove any items from the Consent agenda. Citizen participation: Peggy Grice, 2254 Eastwood Drive, requested discussion of the Spring Creek Farms North PDP; therefore, this item will be pulled from the Consent agenda and added to the Discussion agenda. ATTACHMENT 6 Packet Pg. 122 Attachment13.6: Planning and Zoning Board December 12, 2013 minutes (draft) (Kechter Farm Annex) Planning & Zoning Board December 12, 2013 Page 2 Consent Agenda: 1. Minutes from November 14, 2013 2. Kechter Farm Annexation and Zoning, #ANX130002 4. “Link-N-Greens” Community Commercial – Poudre River Zone District 6. Foothills Mall Redevelopment Phase Two Major Amendment, #MJA130006 Member Hart made a motion to approve the December 12, 2013, Consent agenda as state above (less the Spring Creek Farms North, Fourth Filing Project Development Plan and including the Foothills Mall Redevelopment). Member Kirkpatrick seconded. The motion passed 5:0. Discussion Agenda: 3. Spring Creek Farms North, Fourth Filing Project Development Plan, #PDP130014 5. Front Range Community College Integrated Technology Building Site Plan Advisory Review, #SPA130006 _______ Project: Spring Creek Farms North, Fourth Filing Project Development Plan #PDP130014 Project Description: This is a request to subdivide 15.23 acres into 76 lots for single-family detached homes. The site is located along the west side of Joseph Allen Drive and is approximately 250 feet north of the intersection of Joseph Allen Drive and East Drake Road. A Union Pacific/Southern Pacific rail line is located approximately 75 feet west of the parcel. The project contains approximately 13 acres in the L-M-N, Low Density Mixed-Use Neighborhood zone district and 2 acres in the E, Employment zone district. Recommendation: Approval Member Carpenter recused herself at 6:15pm, due to a conflict of interest with this project. Hearing Testimony, Written Comments and Other Evidence Secretary Sanchez-Sprague stated that an email had been received from Marsha Hultgren and a follow- up response to that email had been sent by City Planner Holland. Member Smith requested that the citizen with the concerns indicate the specifics of those issues (to be marked Exhibit 1). Peggy Grice, 2254 Eastwood Drive, listed her issues with traffic, density, and landscaping. Based on these concerns, Chair Smith requested a full presentation from the City Planner. City Planner Holland gave an executive summary of the development plan, including a diagram of the area and a general overview of the site plan. He discussed the density, the lot sizes, and the percentage of secondary uses. He also discussed the traffic considerations, which are consistent with the overall development plan. He stated that the project took into consideration street enhancements to ensure good connections to Timberline Road and increase neighborhood exits. The traffic analysis did not recommend any additional intersection improvements. Terence Hoagland, Principal of Vignette Studios, a local land planning and landscape architectural firm, stated he was there to represent the applicant on this project. He reviewed the project proposals and stated that the traffic study that had been done had not raised any additional issues. Packet Pg. 123 Attachment13.6: Planning and Zoning Board December 12, 2013 minutes (draft) (Kechter Farm Annex) - 1 - RESOLUTION 2014-001 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE KECHTER FARM ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Kechter Farm Annexation; and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the City Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the City Council concludes that the area proposed to be annexed in the Kechter Farm Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of January, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 124 - 1 - ORDINANCE NO. 005, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2013-097, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39'17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: Packet Pg. 125 - 2 - thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non- tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 279.35 feet; thence leaving said annexation boundary S 89°58'57” W for a distance of 20.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the Packet Pg. 126 - 3 - end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the boundary of Westchase Annexation No. 2; thence N 00°43'49” E along said annexation boundary for a distance of 66.00 feet; thence leaving said annexation boundary S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 87°51’05” W for a distance of 35.85 feet to the boundary of Poudre School District and Timberline P.U.D. Annexation; thence N 00°43'20” E along said annexation boundary and the aforesaid West line of the South 1/2 for a distance of 720.55 feet to the Point of Beginning, containing 87.85 acres, more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Farm Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Packet Pg. 127 - 4 - Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 128 - 1 - ORDINANCE NO. 006, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Farm Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use (“L-M-N”) Zone District, which property is more particularly described as: A portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39’17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a Packet Pg. 129 - 2 - distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non- tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 145.50 feet; thence leaving said annexation boundary N 89°35’08” W for a distance of 112.25 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 400.00 feet, a chord bearing of N 59°38'25" W and a chord distance of 399.34 feet; thence Northwesterly along the arc of said curve for a distance of 418.11 feet, through a central angle of 59°53'26" to the end of said curve; thence N 29°41'42" W for a distance of 235.09 feet to the beginning of a tangent curve, concave to the Southwest and having a radius of 600.00 feet, a chord bearing of N 43°57'30" W and a chord distance of 295.66 Packet Pg. 130 - 3 - feet; thence Northwesterly along the arc of said curve for a distance of 298.73 feet, through a central angle of 28°31'37" to the end of said curve; thence N 58°13'19" W for a distance of 367.48 feet; thence S 70°29'49" W for a distance of 92.96 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 479.00 feet, a chord bearing of S 22°27'15" W and a chord distance of 155.21 feet; thence Southwesterly along the arc of said curve for a distance of 155.90 feet, through a central angle of 18°38'52" to the end of said curve; thence S 31°46'41" W for a distance of 210.69 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of S 33°28'42" W and a chord distance of 81.13 feet; thence Southwesterly along the arc of said curve for a distance of 81.14 feet, through a central angle of 3°24'03" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 87°51’05” W for a distance of 35.85 feet to the boundary of Poudre School District and Timberline P.U.D. Annexation; thence N 00°43'20” E along said annexation boundary and the aforesaid West line of the South 1/2 for a distance of 720.55 feet to the Point of Beginning, containing 56.34 acres, more or less. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Farm Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property is more particularly described as: A portion of land lying in the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39’17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet: thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a Packet Pg. 131 - 4 - distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non-tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 145.50 feet to the POINT OF BEGINNING; thence continue S 00°24'49” W along said East line for a Packet Pg. 132 - 5 - distance of 133.62 feet; thence leaving said annexation boundary S 89°58'57” W for a distance of 20.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the boundary of Westchase Annexation No. 2; thence N 00°43'49” E along said annexation boundary for a distance of 66.00 feet; thence leaving said annexation boundary S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence along a tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 54°49’16” E and a chord distance of 81.13 feet; thence Northeasterly along the arc of said curve for a distance of 81.14 feet, through a central angle of 3°24’03"to the end of said curve; thence N 31°46'41" E for a distance of 210.69 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 479.00 feet, a chord bearing of N 22°27'15" E and a chord distance of 155.21 feet; thence Northeasterly along the arc of said curve for a distance of 155.90 feet, through a central angle of 18°38'52" to the end of said curve; thence N 70°29'49" E for a distance of 92.96 feet ; thence S 58°13'19" E for a distance of 367.48 feet to the beginning of a tangent curve, concave to the Southwest and having a radius of 600.00 feet, a chord bearing of S 43°57'30" E and a chord distance of 295.66 feet; thence Southeasterly along the arc of said curve for a distance of 298.73 feet, through a central angle of 28°31'37" to the end of said curve; thence S 29°41'42" E for a distance of 235.09 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 400.00 feet, a chord bearing of S 59°38'25" E and a chord distance of 399.34 feet; thence Southeasterly along the arc of said curve for a distance of 418.11 feet, through a central Packet Pg. 133 - 6 - angle of 59°53'26" to the end of said curve; thence S 89°35’08” E for a distance of 112.25 feet to the Point of Beginning, containing 31.51 acres, more or less. Section 3. That, in accordance with Section 2.9.4(I) of the Land Use Code, the aforesaid zoning is conditioned upon compliance with that certain Intergovernmental Agreement Regarding Cooperation on Managing Urban Development, originally adopted May 1, 1980, and amended November, 2000 (“IGA”), and the Larimer County Land Use Code Supplementary Regulations, Section 15.2.2 et seq, and the General Development Plan (“GDP”) and Planned Development zoning approved by Larimer County on December 10, 2012. Accordingly, this zoning will only be applicable if and to the extent that the development contemplated by the GDP is actually constructed in accordance with the GDP. If it is not so constructed, and if such deviation from the GDP is substantial enough to require a Major Amendment under the provisions of the Land Use Code, then this conditional zoning will no longer be applicable, and the property will be required to be processed through such applications under the Land Use Code as would be required if the property were zoned U-E and L-M-N without conditions. Furthermore, the portion of the property within the L-M-N zone district designated as “Commercial” (in the northeastern corner of the property) shall, in any event, be required to obtain approval by the City of a Project Development Plan pursuant to the Land Use Code. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 134 - 7 - Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 135 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Kayla Ballard, Right-of-Way Technician Helen Matson, Real Estate Services Manager SUBJECT First Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City-Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years. EXECUTIVE SUMMARY The purpose of this item is to lease 4,446 square feet of City-owned property to a non-profit cafe. Feeding Our Community Ourselves, Inc. ("FoCo") wishes to lease a portion of 225 Maple Street to house a non-profit café with a minimal food processing facility. The total yearly lease payment for the property will be at least $16,900. The term of the lease shall be for five years. With this lease, FoCo will have the option to terminate at any time upon a 90-day advanced written notice to the City. FoCo will be responsible for its remodel, taxes, all utilities, communication services, trash services and janitorial services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City purchased Lots 22 through 28, Block 32, also known as 225 Maple Street, from Haiston Oil Company (“Haiston”), in December 2008 to allow for future City development. This site has not been leased since the purchase; however, the garage units on the property have been used for storage by various City departments. Feeding Our Community Ourselves, Inc. (“FoCo”) is a non-profit organization that plans to operate a café open to the general public and also provide meals to people, regardless of their ability to pay, while using local, organic, and sustainably-grown ingredients. FoCo hours of operation will be 11:00 a.m. through 2:00 p.m. Mondays through Saturdays. FoCo 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 Lease Premises at 225 Maple Street consist of 2,023 square foot building (975 SF main level and 1,048 SF basement) that will house the café. FoCo plans to remodel the main level of the building to include customer seating/dining area, a kitchen with a food preparation area, and upgraded improvements to the restrooms. The basement will be used for dry storage and FoCo office space. A new handicap accessible ramp will be installed on the west side of the building located next to the platform. Bike racks will be installed on site, although their location has not yet been determined. Weather permitting, outdoor seating/dining will be available on the gravel area between the main building (café) and the garage units. FoCo will also lease the easternmost garage unit, which is 525 square feet in size, and use it for general storage, housing of refrigeration/freezer units and a “growing wall”. The 110 square foot outbuilding that was added to the main building prior to the City purchasing the site will be Packet Pg. 136 Agenda Item 14 Item # 14 Page 2 used to hold refrigeration and freezer units. FoCo will install a full trash enclosure to the south of the main building, adjacent to the alley for trash service accessibility. FoCo will pay all costs of the remodel. FINANCIAL / ECONOMIC IMPACT Annual rent collected from this lease will result in at least $16,900 in unanticipated revenue. Rent for this space is based on comparative market rents for industrial space and cold storage buildings. FoCo will be responsible for expenses of all utilities, communication services, trash services, janitorial services, and taxes. In addition, it will be the obligation of FoCo for any tenant finish costs. The City will be responsible for maintenance costs to the building. ATTACHMENTS 1. Location map (PDF) Packet Pg. 137 ATTACHMENT 1 Packet Pg. 138 Attachment14.1: Location map (Lease of 225 Maple Street to Feeding Our Community Ourselves, Inc.) - 1 - ORDINANCE NO. 007, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF A PORTION OF CITY-OWNED PROPERTY AT 225 MAPLE STREET TO FEEDING OUR COMMUNITY OURSELVES, INC. FOR UP TO FIVE YEARS WHEREAS, the City is the owner of the property legally described as Lots 22 through 28, Block 32, Fort Collins, Colorado, also known as 225 Maple Street (the “Property”); and WHEREAS, the Property, which was formerly the site of Haiston Oil, was purchased by the City in 2008 to allow for future City development consistent with the Civic Center Master Plan; and WHEREAS, the City has not leased the Property since it was purchased, but various City departments have used the garages on the Property for storage; and WHEREAS, Feeding Our Community Ourselves, Inc. (“FoCo”) is asking to lease a portion of the Property to house a non-profit café and a minimal food processing facility; and WHEREAS, the portion of the Property that would be leased to FoCo consists of the 2,023 square foot main office building, a 110 square foot outbuilding, a 525 square foot garage, and a portion of the grounds around these buildings (the “Lease Premises”); and WHEREAS, the café would be open to the general public, would provide meals to people regardless of their ability to pay, and would use local, organic and sustainably-grown ingredients; and WHEREAS, the City has no immediate plans for the Property, and City staff is therefore recommending that the Lease Premises be leased to FoCo at a current market rate for industrial space and cold storage buildings, resulting in an annual rental amount of not less than $16,900; and WHEREAS, FoCo would be responsible for all costs associated with remodeling and improving the Lease Premises to operate it as a café and for all utilities and other operating expenses, and the City would be responsible for maintenance of the buildings; and WHEREAS, the proposed lease would be for a period of five years, but FoCo would have the option to terminate the lease at any time upon ninety-days prior written notice to the City; and WHEREAS, the lease of the Lease Premises 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 Packet Pg. 139 - 2 - 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 Lease Premises, and the lease of the Lease Premises will discourage vandalism and reduce the City’s utility costs for the Property, the City Council hereby finds that leasing the Lease Premises located at 225 Maple Street 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 Lease Premises 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 description of the Lease Premises, as long as such changes do not materially increase the size or change the character of the property to be leased. Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 140 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Resolution 2014-002 Making Appointments to the Energy Board. EXECUTIVE SUMMARY The purpose of this item is to correct an omission that occurred in Resolution 2013-107 that made annual appointments to various boards, commissions, and authorities. Two appointments to the Energy Board were not included in that Resolution. Councilmembers Gino Campana and Ross Cunniff recommend the appointment of Philip Friedman and Michael Doss to the Energy Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. Packet Pg. 141 - 1 - RESOLUTION 2014-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE ENERGY BOARD WHEREAS, vacancies currently exist on the Energy Board due to the expiration of terms; and WHEREAS, these vacancies were to have been filled by the passage of Resolution 2013- 107, which was adopted by City Council on December 17, 2013, but appointments to these posts were inadvertently omitted from that resolution; and WHEREAS, the City Council desires to make appointments to fill these vacancies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following named persons are hereby appointed to fill current vacancies on the Energy Board with terms to begin immediately and to expire as set forth after each name: Energy Board Expiration of Term Philip Friedman December 31, 2014 Michael Doss December 31, 2017 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of January, A.D. 2014. Mayor ATTEST: City Clerk Packet Pg. 142 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Mgr SUBJECT Council Consideration of Text Amendment to the Community Commercial-Poudre River Zone District (C-C- R). EXECUTIVE SUMMARY The purpose of this item is to comply with Land Use Code (LUC) requirements that direct the Planning Director to submit any additions to the list of permitted uses to Council for consideration as a text amendment. If the Council disagrees with the staff recommendation, it should adopt a motion directing staff to prepare and present an ordinance to Council to amend the Land Use Code. STAFF RECOMMENDATION Staff recommends that no amendment to the LUC be made in conjunction with this added use for the following reasons: The main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties. The Link-N-Greens site was large enough to be able to foster a healthy and compatible relationship between the River, Downtown and surrounding urban uses however there are only three other areas currently zoned C-C-R all of which are significantly smaller than the “Link-N-Greens” site and therefore not likely suitable for a Campus Employment use with at least 30 acres. The largest of the remaining parcels is 23.5 acres. BACKGROUND / DISCUSSION On September 4, 2012, in accordance with the authority pursuant to Section 1.3.4(A) of the Fort Collins Land Use Code (LUC) and in conjunction with the application filed by NewMark Merrill Mountain States for approval of an overall development plan for the site (101.637 acres in size) located at the southwest corner of the intersection of Lincoln and Lemay Avenues, commonly known as “Link-N-Greens,” the following use was added to the Community Commercial-Poudre River Zone District (C-C-R): Campus employment shall mean a use that combines and permits two (2) or more of the following uses: office, light industrial, heavy industrial, commercial or retail in a unified master planned development site containing at least thirty (30) acres. The criteria contained in Section 1.3.4(A)(1) through (5) of the Land Use Code was followed and a determination made that this use conforms to all of the following conditions: In adding this use, I have examined the criteria contained in Section 1.3.4(A)(1) through (5) of the Land Use Code and have determined that this use conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; Packet Pg. 143 Agenda Item 16 Item # 16 Page 2 (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; Whenever any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (A) above, such use shall be considered for an amendment to the text of the LUC under Division 2.9 (B). BOARD / COMMISSION RECOMMENDATION At its December 12, 2013 meeting, the Planning and Zoning Board concurred with the staff recommendation. ATTACHMENTS 1. Planning and Zoning Board minutes, December 12, 2013 (draft) (PDF) 2. Powerpoint presentation (PDF) Packet Pg. 144 Planning and Zoning Board Hearing Minutes December 12, 2013 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 6:06 p.m. Roll Call: Carpenter, Hart, Kirkpatrick, Smith and Schneider Absent: Hatfield and Heinz Staff Present: Kadrich, Eckman, Ex, Holland, Gloss, Levingston, Beals, Sanchez- Sprague, Burnett, and Cosmas Agenda Review Chair Smith provided background on the board’s role and what the audience could expect as to the order of business. He described the following processes: • Citizen Participation is an opportunity for citizens to address the board on non-agenda related items. • Consent agenda items are considered items which have no known opposition. They are approved collectively at the beginning of the meeting unless a board member, staff or audience member requests an item is pulled and moved to the discussion agenda. • Discussion agenda items will include an applicant presentation, a staff presentation, and public comment. • At the time of public comment, he asked that you come to the podium, state your name and address for the record, and sign-in. He asked that the speaker clearly state their position. He encouraged speakers to share comments relevant to the topic under discussion. • Responses by applicant and staff will follow public comment. • The board will deliberate and reach a decision once a motion has been made and a vote taken. • He will begin each new item with a description of the development type being considered. The board will do their best not to use acronyms or jargon. Director Laurie Kadrich reviewed the items on both the Consent and Discussion agendas. She noted that one item that was previously on the Discussion agenda has been requested to be moved to the Consent agenda, specifically the Foothills Mall Redevelopment Phase Two Major Amendment. Deputy City Attorney Eckman asked if anyone present, citizens or Board members, wanted to remove any items from the Consent agenda. Citizen participation: Peggy Grice, 2254 Eastwood Drive, requested discussion of the Spring Creek Farms North PDP; therefore, this item will be pulled from the Consent agenda and added to the Discussion agenda. Packet Pg. 145 Attachment16.1: Planning and Zoning Board minutes, December 12, 2013 (draft) (C-C-R Text Amendment) Planning & Zoning Board December 12, 2013 Page 2 Consent Agenda: 1. Minutes from November 14, 2013 2. Kechter Farm Annexation and Zoning, #ANX130002 4. “Link-N-Greens” Community Commercial – Poudre River Zone District 6. Foothills Mall Redevelopment Phase Two Major Amendment, #MJA130006 Member Hart made a motion to approve the December 12, 2013, Consent agenda as state above (less the Spring Creek Farms North, Fourth Filing Project Development Plan and including the Foothills Mall Redevelopment). Member Kirkpatrick seconded. The motion passed 5:0. Discussion Agenda: 3. Spring Creek Farms North, Fourth Filing Project Development Plan, #PDP130014 5. Front Range Community College Integrated Technology Building Site Plan Advisory Review, #SPA130006 _______ Project: Spring Creek Farms North, Fourth Filing Project Development Plan #PDP130014 Project Description: This is a request to subdivide 15.23 acres into 76 lots for single-family detached homes. The site is located along the west side of Joseph Allen Drive and is approximately 250 feet north of the intersection of Joseph Allen Drive and East Drake Road. A Union Pacific/Southern Pacific rail line is located approximately 75 feet west of the parcel. The project contains approximately 13 acres in the L-M-N, Low Density Mixed-Use Neighborhood zone district and 2 acres in the E, Employment zone district. Recommendation: Approval Member Carpenter recused herself at 6:15pm, due to a conflict of interest with this project. Hearing Testimony, Written Comments and Other Evidence Secretary Sanchez-Sprague stated that an email had been received from Marsha Hultgren and a follow- up response to that email had been sent by City Planner Holland. Member Smith requested that the citizen with the concerns indicate the specifics of those issues (to be marked Exhibit 1). Peggy Grice, 2254 Eastwood Drive, listed her issues with traffic, density, and landscaping. Based on these concerns, Chair Smith requested a full presentation from the City Planner. City Planner Holland gave an executive summary of the development plan, including a diagram of the area and a general overview of the site plan. He discussed the density, the lot sizes, and the percentage of secondary uses. He also discussed the traffic considerations, which are consistent with the overall development plan. He stated that the project took into consideration street enhancements to ensure good connections to Timberline Road and increase neighborhood exits. The traffic analysis did not recommend any additional intersection improvements. Terence Hoagland, Principal of Vignette Studios, a local land planning and landscape architectural firm, stated he was there to represent the applicant on this project. He reviewed the project proposals and stated that the traffic study that had been done had not raised any additional issues. Packet Pg. 146 Attachment16.1: Planning and Zoning Board minutes, December 12, 2013 (draft) (C-C-R Text Amendment) 1 C-C-R Zone Text Amendment Laurie Kadrich Director, Community Development & Neighborhood Services January 7, 2014 City Council Meeting Packet Pg. 147 Attachment16.2: Powerpoint presentation (C-C-R Text Amendment) 2 Items for City Council Consideration: Not to include Campus Employment as a permitted use in Community Commercial-Poudre River Zone District (C-C-R): The use was allowed for the Link-N-Greens site however it does not seem suitable for the few remaining sites zoned C-C-R. Question: Does Council support the recommendation not to include Campus Employment as a text amendment? Packet Pg. 148 Attachment16.2: Powerpoint presentation (C-C-R Text Amendment) 3 Background: • Campus Employment was allowed as a use in the C-C-R zone in conjunction with an application filed by NewMark Merrrill. The use requires: – At least 30 acres in a site, – Two or more uses, – And a unified master plan • None of the remaining C-C-R sites (only 3) are greater than 23 acres. • Planning and Zoning Board recommended approval of the staff recommendation not to include. Packet Pg. 149 Attachment16.2: Powerpoint presentation (C-C-R Text Amendment) 4 Items for City Council Consideration: Not to include Campus Employment as a permitted use in Community Commercial-Poudre River Zone District (C-C-R): The use was allowed for the Link-N-Greens site however it does not seem suitable for the few remaining sites zoned C-C-R. Question: Does Council support the recommendation not to include Campus Employment as a text amendment? Packet Pg. 150 Attachment16.2: Powerpoint presentation (C-C-R Text Amendment) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Resolution 2014-003 Making an Appointment to the Downtown Development Authority of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to address the vacancy that exists on the Downtown Development Authority (DDA). BACKGROUND / DISCUSSION By adopting Resolution 2013-107, Council filled two of the three vacancies on the DDA. At the December 17 Regular Council Meeting, staff was directed to bring options forward for the remaining vacancy. Option 1: Adoption of Resolution 2014-003 with the member's name inserted will fill the remaining vacancy. or Option 2: Direct staff to recruit for the remaining vacancy. Packet Pg. 151 - 1 - RESOLUTION 2014-003 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AN APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF FORT COLLINS WHEREAS, by Resolution 2013-107, two of three vacancies were filled on the Downtown Development Authority (the “Authority”); and WHEREAS, one vacancy still exists on the Downtown Development Authority; and WHEREAS, the Councilmembers conducting the interviews for this remaining position on the Authority did not recommend any of the current applicants for appointment to the position; and WHEREAS, the City Council desires to fill this vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that ___________________________ is hereby appointed to fill the remaining position on the Downtown Development Authority, with a term to commence immediately and to expire on December 31, 2017. 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