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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 03/04/2014 - COMPLETE AGENDASCHEDULE FOR CITY COUNCIL MEETING, MARCH 4, 2014 On March 3, 2014, the Leadership Planning Team decided to open the City Council Regular Meeting at 6:00 p.m., hold the Citizen Participation portion of the Regular Meeting, then adjourn into the Urban Renewal Authority Meeting. At the conclusion of the Urban Renewal Authority Meeting, Council will resume its Regular Meeting. 6:00 p.m. ‐ Regular City Council Meeting will begin Pledge of Allegiance Call Meeting to Order Roll Call Agenda Review: City Manager Citizen Participation Citizen Participation Follow‐up ADJOURN TO URA MEETING Return to Regular Council meeting agenda SCHEDULE FOR CITY COUNCIL MEETING, MARCH 4, 2014 On March 3, 2014, the Leadership Planning Team decided to open the City Council Regular Meeting at 6:00 p.m., hold the Citizen Participation portion of the Regular Meeting, then adjourn into the Urban Renewal Authority Meeting. At the conclusion of the Urban Renewal Authority Meeting, Council will resume its Regular Meeting. 6:00 p.m. ‐ Regular City Council Meeting will begin Pledge of Allegiance Call Meeting to Order Roll Call Agenda Review: City Manager Citizen Participation Citizen Participation Follow‐up ADJOURN TO URA MEETING Return to Regular Council meeting agenda City of Fort Collins Page 1 urban renewal authority Karen Weitkunat, Chairperson City Council Chambers Gerry Horak, Vice-Chairperson City Hall West Bob Overbeck 300 LaPorte Avenue Lisa Poppaw Fort Collins, Colorado Gino Campana Wade Troxell Ross Cunniff Cablecast on City Cable Channel 14 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson City Attorney Executive Director Secretary 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. URBAN RENEWAL AUTHORITY BOARD FORMAL MEETING March 4, 2014 (The URA meeting will begin after the Citizen Participation portion of the Regular Council Meeting has concluded)  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW  Executive Director’s Review of Agenda.  CITIZEN PARTICIPATION City of Fort Collins Page 2 Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Board on items not specifically scheduled on the agenda must first be recognized by the Chairperson or Vice Chair. 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 Chairperson may reduce the time allowed for each individual.  State your name and address for the record.  Applause, outbursts or other demonstrations by the audience are not allowed  Keep comments brief; if available, provide a written copy of statement to Secretary  Address your comments to Council, not the audience  CITIZEN PARTICIPATION FOLLOW-UP  STAFF REPORTS  COMMISSIONER REPORTS Discussion Items The method of debate for discussion items is as follows: ● Chairperson introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chairperson requests citizen comment on the item (five-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, 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. 1. Consideration and Approval of the Minutes from the January 14, 2014 Urban Renewal Authority Board Meeting. (staff: Wanda Nelson; no staff presentation; 2 minute discussion) The purpose of this item is to consider and approve the minutes from the January 14, 2014 Urban Renewal Authority Board meeting. 2. Resolution No. 069 Approving a Redevelopment Agreement Between the Urban Renewal Authority and Revive Properties LLC for the Revive Project. (staff: Tom Leeson; 10 minute staff presentation; 45 minute discussion) The purpose of this item is to review a resolution approving a Redevelopment Agreement between the Fort Collins Urban Renewal Authority and Revive Properties LLC for the Revive Project. Revive Properties is a 89-unit residential housing and live-work project located to the west of North College Avenue on Willox Street in the North College Urban Renewal Plan area. The Developer has requested financial assistance from the Urban Renewal Authority for street improvements, sustainability features, and stormwater detention improvements associated with the project. The City of Fort Collins Page 3 project will generate approximately $1.76 million in total tax increment, and the URA staff is recommending a $1.27 reimbursement from that increment for eligible costs.  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY March 4, 2014 Urban Renewal Authority Board STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes from the January 14, 2014 Urban Renewal Authority Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to consider and approve the minutes from the January 14, 2014 Urban Renewal Authority Board meeting. ATTACHMENTS 1. January 14, 2014 (PDF) Packet Pg. 4 January 14, 2014 Urban Renewal Authority A meeting of the Fort Collins Urban Renewal Authority was held on Tuesday, January 14, 2014, at 9:25 p.m., in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Boardmembers: Campana, Cunniff, Horak, Overbeck, Poppaw, and Troxell. Boardmembers Absent: Weitkunat Staff Members Present: Atteberry, Nelson, Roy. Agenda Review Executive Director Atteberry stated there were no changes to the published agenda. Consideration and Approval of the November 5, 2013 Urban Renewal Authority minutes, Adopted Boardmember Cunniff made a motion, seconded by Boardmember Overbeck, to approve the minutes of the November 5, 2013 Urban Renewal Authority meeting. Yeas: Campana, Cunniff, Horak, Overbeck, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Items Relating to the Redevelopment of Foothills Mall The following is the staff memorandum for this item. “EXECUTIVE SUMMARY Resolution No. 068 Approving an Updated Redevelopment and Reimbursement Agreement with the City of Fort Collins, Walton Foothills Holdings VI, L.L.C., and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall. Resolution No. 067 Updating the Terms of Resolution No. 056 Regarding Cooperation and Partnership with Larimer County on Economic Revitalization Efforts and the Use of Tax Increment Financing. The purpose of this item is to authorize and approve items relating to the redevelopment of Foothills Mall. Resolution No. 068 authorizes and approves the execution of a Reimbursement and Redevelopment Agreement to support the redevelopment of Foothills Mall. The Agreement was made available for public review on Friday, January 3. Revisions to the Agreement since that time include the addition of a new Subsection 12.3(g), related to Arc Thrift Store, as well as clarification of the minimum Mall square footage. Packet Pg. 5 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 247 Resolution 067 approves a time extension for developing a financial model with Larimer County for evaluating fiscal impacts associated with the formation of tax increment financing districts. BACKGROUND / DISCUSSION Resolution No. 068 Approving an Updated Redevelopment and Reimbursement Agreement with the Fort Collins Urban Renewal Authority, Walton Foothills Holdings VI, L.L.C. and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall. NOTE: Please refer to the May 7, 2013 Agenda Item Summary for a project overview, description of public benefits, and other project details (See Attachment 1). Overview of Changes On November 8, 2012, exclusive negotiations between the URA and Walton/Alberta were initiated under an Agreement to Negotiate. On May 8, 2013, Fort Collins Urban Renewal Authority Board authorized and approved the execution of a Redevelopment and Reimbursement Agreement, by the Executive Director of the Fort Collins Urban Renewal Authority, in connection with the redevelopment of the Foothills Mall. Since May, Alberta Development on behalf of Walton Foothills Holdings VI, L.L.C. has continued to refine the site plan and program for the redevelopment of Foothills Mall. The following summarizes the changes to the project since May. Mall Configuration The Planning and Zoning Board (P&Z) approved a Project Development Plan (PDP) for the redevelopment of Foothills Mall on February 7, 2013. On December 12, 2013, P&Z reviewed a major amendment to the PDP. The major amendment includes a change in the total square footage of the project of approximately 10 percent, Table 1 highlights the differences. The biggest change is a reduction of the theater of approximately 43,000 square feet. Only concessions are taxable at a theater and constitute approximately one-third of total sales; therefore this reduction does not have a one for one proportional impact on anticipated retail sales. In addition, the changes include a reduction in other commercial space of approximately 32,000 square feet (the difference between the increase of interior mall space and reduction of all other space). Packet Pg. 6 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 248 Table 1 Project Square Footage Comparison Eligible Costs Review Certain projects costs are eligible for public assistance per Colorado Revised Statutes relating to Urban Renewal and Special Districts (Title 32). The types of eligible costs for each (Urban Renewal Authority and Metro District) are relatively broad, overlap to some extent, and include such categories as: Acquisition of a blighted area; Demolition and removal of buildings and improvements; Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal plan; Carrying out plans for a program through voluntary action and the regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; Acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. It is important to note that the total amount of eligible costs per the Colorado Revised Statutes may Feb. Dec. SF % Retained/Redeveloped Interior Mall 176,161 208,098 31,937 18.1% Macy's 127,971 127,971 0 0.0% Theater 86,754 43,655 -43,099 -49.7% Youth Activity Center 23,863 24,705 842 3.5% All Other Space 319,038 254,702 -64,336 -20.2% Total 733,787 659,131 -74,656 -10.2% Difference Packet Pg. 7 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 249 be as high as $108 million -- significantly higher than the $53 million in public assistance being offered, which is approximately 49 percent of the estimate of total eligible costs (see Table 2). However, the Developer and the City established a process to identify project costs that are extraordinary costs associated with remediating blighted conditions on the property, or costs associated with public improvements or public infrastructure. These are costs in which there is direct public benefit. The process of identifying the eligible costs balanced the need to maximize the public benefit while ensuring the public assistance was the minimum amount necessary to make the project financially viable. The following provides a brief description of each of the eligible costs summarized in Table 2 below: Land Acquisition: This amount represents the estimated value of the land underlying the portions of the project that include the public gathering spaces such as the east and west lawns, the Foothills Activity Center, and other green or public spaces on the site. Parking Structure: The parking structure allows for greater utilization of site; specifically the ability to create public gathering spaces and additional pedestrian and bicycle facilities/amenities. Demolition/Abatement: Demolition and deconstruction of the aging facility represents an extraordinary cost associated with remediating blight and mitigation the hazardous materials. Fixture and Amenities: This represents urban design enhancements to the public gathering spaces (east and west lawns) to provide high quality of place. Ditch Relocation: Relocating a segment of the Larimer No. 2 ditch to the west side of College Ave. represents an extraordinary cost associated with remediating blight and provides an opportunity for a pedestrian underpass (described below). Site Work: This cost is associated with earthwork (grade and fill), site walls to alleviate topographic constraints on the site, as well as asphalt paving, curb and gutter, and sidewalks. Utilities: This represents upgrades and improvements to sanitary sewer, storm water, water lines and fire water systems. Soft Costs: Architectural and engineering costs associated with activity center, parking structure, as well as materials testing, and environmental/abatement management. Foothills Activity Center: A publicly owned and operated activity center that includes gymnasium, public meeting rooms and after-school programs for youth. Pedestrian Crossing/Underpass: A pedestrian connection linking MAX BRT and Foothills Mall utilizing Larimer No. 2 Ditch alignment under College Ave. Originally the developer requested $72 million in cost reimbursement. Through the negotiation process outlined above this amount was reduced to the $53 million public finance package Packet Pg. 8 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 250 presented in this document. The most notable reductions from the requested assistance fall into three categories: (1) Land Acquisition, which the developer requested $16 million in reimbursement; and (2) Soft Costs, which the developer requested $7.1 million, and (3) Parking Structure, which the developer requested $12.8 million. Table 2 Summary of Eligible Costs for Reimbursement, Comparison ($ Millions) The eligible costs have not changed significantly since May. The costs as site, utility, and public improvement costs remain fixed despite the change in the total square footage of the project. One change that has been specifically identified is the shift in the parking structure to 978 spaces and four stories from a larger six story structure. Staff queried the Developer regarding savings related to this shift. Alberta Partners indicates that the project budget has always assumed a smaller structure than was entitled and, therefore, the cost for this improvement has not changed. This is consistent with the Developer’s approach to the multifamily housing, which includes and entitlement for 800 units but has been modeled at 446 units based on developer input. Staff further evaluated the Developer’s statement by comparing the cost per space of a 4-story 978 space parking structure to current market costs. At the original cost estimate of $12.8 million this equates to $13,000 per space (excluding Architecture and Engineering Costs), which is consistent with costs for similar structures being constructed in the market today. Financial Investment Overview The following narrative summarizes the revised financing package and highlights changes since May. The public financing package still includes the pledge of four revenue sources in the following priority order: Packet Pg. 9 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 251 Sources Foothills Metropolitan District Capital Mills - The Metro District will pledge 50 mills of ad valorem real property tax revenue to the bond. This mill levy expires when the bond is fully repaid or within 25 years, whichever comes first. Property Tax Increment - The URA will pledge 100 percent of the annual ad valorem property tax increment revenue over the 25-year tax increment period or until the bond is fully repaid, if prior to expiration of the tax increment period, less an administrative fee up to a maximum of 1.5 percent of the gross property tax increment revenue received by the URA. Public Improvement Fee - The Developer will impose a 1 percent Public Improvement Fee (PIF) on all taxable transactions within the Project and pledge these revenues to the bond. This revenue source terminates with the repayment of the bond. Sales Tax Increment – As the URA will pledge 100 percent of the annual sales tax increment generated above a base by the Project from the City’s 2.25 percent General Fund Sales Tax rate (the “Core Rate”), which is the sales tax increment established for the URA in the Midtown Urban Renewal Plan. The above priority order works such that the first revenue source pledged to bond repayment is the last revenue source out. Debt service is paid from all revenues collected and excess pledged revenues are released by the Bond Trustee if not needed to support Debt Service as provided in the agreement. Therefore, Tax increment revenues will be returned to the URA and the City when not needed for debt service on the bond. Therefore, the Sales Tax Increment Pledge, despite existing for all 25 years, is expected to result in the return of funds back to the City as early as 2018. Project Cost Summary The total redevelopment project is estimated to cost $313 million; down from the estimated $319 million in May (previously misstated in the May 7 Agenda Item Summary). These costs are split between the commercial/retail at approximately $231 million (down from $237 million in May) or 74 percent and 446 anticipated residential units at a total cost of $82 million or 26 percent. The eligible costs, which remain the same as described in May (See Table 3), total approximately $53 million or 17 percent of the total cost and 23 percent of the commercial/retail costs. The eligible costs represents the target amount of bond proceeds to be generated by the pledged revenues. Packet Pg. 10 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 252 Table 3 Summary of Eligible Costs for Reimbursement ($ Millions) Slide 9 from the City Council staff presentation Assumptions The financial analysis resulting in the public finance investment contemplated in the proposed Redevelopment and Reimbursement Agreement relies on several key assumptions. Several of these assumptions have changed since May. Each of assumptions and the changes are described briefly below: Project Timing - The financial analysis assumes a December 23 “go” date for commencement of construction activity. This result in a ground breaking in January/February 2014 and substantial completion of the project in November 2015, a delay of one year from the original schedule presented in May. Annual Sales Per Square Foot - The financial analysis assumes $378 per square foot in annual retail sales once the project stabilizes up from $350 per square foot in May (this rate excludes non-retail space and the anchor department store). The sale per square foot figure has increased due the increased confidence in anticipated retailers at the center. In addition, this assumption relies on several inputs: (a) the average annual sales per square foot figure for all Malls as provided by the International Council of Shopping Centers ($458 per square foot for 2012); and (b) Economic & Planning Systems full analysis of retail transfer, inflow and growth. Occupancy - The financial analysis assumes, based on the construction schedule, that 75 percent of the gross leasable area will be occupied by retail tenants by December 31, 2015. This number will grow to 95 percent occupancy and remain at this level by December 31, 2016. A delay of approximately one year. Blight Removal Infrastructure City Infrastructure Total Public Land Acquisition $ 5.5 $ 5.5 Parking Structure 9.6 9.6 Demolition / Abatement 3.9 3.9 Fixture & Amenities 1.4 1.4 Ditch Relocation 2.8 2.8 Site Work 12.9 12.9 Utilities 4.5 4.5 Soft Costs 4.6 4.6 Foothills Activity Center 4.8 4.8 Pedestrian Crossing / Culvert 3.0 3.0 TOTAL $ 45.2 $ 7.8 $ 53.0 Packet Pg. 11 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 253 Retail Sales Growth - The financial analysis assumes that retail sales will grow by 2 percent annually. This pace of growth is consistent with historical growth rates in the City of Fort Collins of 5.4 percent annually since 1990. In addition, this rate falls short of the historic growth rate of inflation as measured by the Consumer Price Index, 2.9 percent annually since 1982. NO CHANGE SINCE MAY. Property Value Growth - The financial analysis assumes that real property values will increase by 2 percent every other year or 1 percent average annually. This pace of growth is conservative compared to the historical growth rate in of real property in Larimer County. NO CHANGE SINCE MAY. Public Finance Revenue Summary The Redevelopment and Reimbursement Agreement contemplates utilizing the pledged revenues, as described, to support the issuance of a bond by the Foothills Metro District. The proceeds from the bond issuance are intended to pay or reimburse the eligible costs and to pay cost of issuance. As described, the bond will be supported by four revenue sources. In May, a single public finance scenario was presented in the Agenda Item Summary and staff presentation. The staff presentation attached to the City Council Agenda Item Summary regarding Foothills Mall redevelopment presents several scenarios covering assumptions about interest rate and sales tax rate. Two scenarios are highlighted including: (1) a scenario based on an assumed 7.00 percent interest rate consistent with the May assumption and (2) a more conservative scenario assuming a 7.25 percent interest rate. These scenarios are compared to the single scenario presented in May below, see Table 4. These scenarios indicate that the City sales tax increment applied to debt service on the bonds will range between $9.0 and $12.0 million depending on interest rate. In addition, the net new Sales Tax revenue to the City after release of pledged revenues over the 25 year time period will range between $108 and $117 million, depending on assumptions about interest rate and inclusion versus exclusion of sales transfer changes. The more specific information provided in subsequent tables below relates to the first scenario assuming a 7.00 percent interest rate consistent with the May assumptions. For the remaining scenarios, please review the staff presentation attached to the City Council Agenda Item Summary for Resolution 2014-004. Packet Pg. 12 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 254 Table 4 Project and Public Finance Summary Comparison Slide 8 from the City Council staff presentation The primary revenues supporting the bond will come from the Metro District in the form of annual ad valorem taxes on real property and from the Mall owner in the form of PIF revenues. These two revenue sources will generate $43.1 and $65.6 million respectively between 2014 and 2038. These revenues have decreased since May based on the changes to the project site plan and program; Table 5 shows a comparison. In addition, the pledged URA property tax increment will generate approximately $42.7 million during the same period. By 2020, these three revenue sources will represent $6.1 million in revenue annually. Based off the financial analysis, it is anticipated that sales tax increment contribution towards debt service and the supplemental reserve ends by 2018 until 2029 when additional sales tax increment contributions are required to meet the debt payments on the bond. The total sales tax increment contribution is anticipated to be $9 million. Jan 14th Jan 14th @ 7.00% Bond @ 7.25% Bond Gross Leasable Area 711k + 24k Sales Per Square Foot $350 Total Project Cost - Retail $237 Open Assumption Nov '14 Bonds at Par Value $73 $71 $72 Cum Bond Payments $165 $159 $163 First Three Revenue Sources $170 $151 $151 Dedicates Sales Tax Revenue $105 $106 $106 GF Sales Tax Revenue $147 $149 $149 Estimated City ST Remitted $8.8 $9.0 $12.0 Net New ST Revenue $108 $117 $114 Net New w/o Addtl Transfer $111 $108 $231 Phases '14-'15 ($ Millions except Sales per Square Foot) May 7th 641k + 24k $378 Packet Pg. 13 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 255 Table 5 Comparison of Public Finance Revenues Generated by the Project, 2014-2038 Slide 22 from the City Council staff presentation In addition, sales tax increment has been pledged to support the issuance of a bond. There are three components to the sales tax generated by the Project, including: Base - Existing sales tax revenue generated by retailers in the Mall and surrounding Project Area. Transfer - Revenue from other areas of the city that shift to the Mall after redevelopment. New - The net new revenue, or revenue in excess of base and transfer, associated with the redeveloped mall project. In addition, the sales tax revenue can be broken by the various pieces of the effective 3.85 percent rate. There are two main pieces, including: Core City Sales Tax Rate - This corresponds to the long-standing 2.25 percent General Fund rate. Dedicated City Sales Tax Rate - This corresponds to the sum total of four dedicated sales taxes including: Transportation (0.25 percent), Natural Areas (0.25 percent), Building on Basics (0.25 percent), and Keep Fort Collins Great (0.85 percent) dedicated sales tax rates for a total of 1.60 percent. The revenue generated by the constituent pieces of the Sales Tax rates is summarized in Table 6. ($ Millions) Cumulative Annual Funding 2020 Cumulative Annual Funding 2020 First Three Revenue Sources 25 years 25 years District Property Tax $ 50.0 $ 2.1 $ 43.1 $ 1.8 URA Property Tax Increment 55.2 2.3 42.7 1.9 Developer Sales PIF 64.7 2.3 65.6 2.4 Metro District Funding $ 169.9 $ 6.7 $ 151.4 $ 6.1 Today's Value $ 62.5 $ 55.3 May 7th Jan 14th Packet Pg. 14 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 256 The base, transfer, and new components of the Dedicated City Sales Tax Rate will generate approximately $106 million between 2014 and 2038. In addition, the Core Rate base Sale Tax Revenue will generate approximately $44.5 million during the same period. Therefore, the total revenue generated by the project that is not pledged to the bond is approximately $150.5 million. Table 6 Comparison of Sales Tax Revenue Generated by the Project, 2014-2038 Slide 23 from the City Council staff presentation The Agreement only pledges the transfer and new (together, the incremental) sales tax revenue related to the Core Rate. Based on the financial analysis, these sales tax increment revenues represent approximately $104.6 million (up from $102.7 million in May) or the anticipated pledged sales tax increment revenue. Public Finance Package Structure To better understand the structure of the public finance package, Table 7 summarizes the anticipated sales tax revenue split between the two rates (Core and Dedicated) by the three components (Base, Transfer, and New). In 2016, the total pledged sales tax increment revenue to the project (identified by the yellow) totals $3.2 million (up from $3.1 million in May) of the approximately $5.1 million generated by the Core Rate (2.25 percent). The City retains the remaining $5.4 million generated by the unpledged Dedicated Rate (1.60 percent) and Core Rate base. These numbers increase to $3.4 million in pledged increment revenue and $5.6 million in retained revenue by 2018. ($ Millions) Cumulative Annual Funding 2016 Cumulative Annual Funding 2016 City Sales Tax Revenue 25 years First Full Year 25 years First Full Year Dedicated Base / Transfer / New $ 104.6 $ 3.5 $ 106.0 $ 3.6 Core Base 44.4 1.8 44.5 1.8 Core Transfer & New 102.7 3.1 104.6 3.2 City Sales Tax $ 251.7 $ 8.4 $ 255.1 $ 8.7 Today's Value $ 94.7 $ 94.8 May 7th Jan 14th Packet Pg. 15 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 257 Table 7 Comparison of Annual Sales Tax Revenue Generated by the Project, 2016 & 2018 Slide 26 from the City Council staff presentation As stated, the pledged sales tax increment revenue serves as the last revenue source to support the issuance of the bond. Therefore, as the remaining three pledged revenues grow over time the need for pledged sales tax increment revenue to support the bonds diminishes. The financial analysis demonstrates this in the estimated cash flow presented in Table 8. The bond will likely be issued in 2014 with three years of capitalized interest. Based on forecasts, revenue will first be available to fund debt payments (including contributions to the supplemental reserve) of the bond in 2015. In 2015, the pledged revenue sources, excluding the sales tax increment revenue, will generate approximately $1.8 million towards bond repayment and reserve contributions. The pledged sales tax increment revenue will generate an additional $0.8 million. These two revenue sources combined will generate sufficient revenue (along with capitalized interest) to cover the debt payment and reserve contributions required by the bond. The pledged revenue sources, excluding the sales tax increment revenue, will grow to $4.9 million in 2017 largely due to the delay in property tax valuation and collection. The pledged sales tax increment revenue is anticipated to grow to $3.3 million. Together, these revenues will cover the debt payment and the last sizable portion of the supplemental reserve fund contribution. Starting in 2018, the pledged revenue sources, excluding sales tax increment revenue, are anticipated to cover the debt payment, which is anticipated to terminate in 2038. As a result, starting in 2018 the pledged sales tax increment revenue will not be required to meet debt payments or reserve contributions until 2029 when additional sales tax increment contributions will be required. These revenues will, according to the terms of the Agreement, be released back to the City. In 2018, the total sales tax revenue retained by the City and sales tax increment revenue released back to the City will rise to $9.0 million and continue at this rate with 2 percent growth ($ Millions) Base Transfer New Total Base Transfer New Total Core Tax - 2.25% 1.8 1.0 2.1 $ 4.9 1.8 0.9 2.3 $ 5.1 Dedicated Tax - 1.6% 1.3 0.7 1.5 $ 3.5 1.3 0.7 1.6 $ 3.6 Total $ 3.1 $ 1.7 $ 3.6 $ 8.4 $ 3.2 $ 1.6 $ 3.9 $ 8.6 Base Transfer New Total Base Transfer New Total Core Tax - 2.25% 1.8 1.1 2.2 $ 5.1 1.8 1.0 2.4 $ 5.3 Dedicated Tax - 1.6% 1.3 0.8 1.6 $ 3.7 1.3 0.7 1.7 $ 3.8 Total $ 3.1 $ 1.9 $ 3.8 $ 8.8 $ 3.2 $ 1.8 $ 4.2 $ 9.1 May 7th Sales Tax in 2016 Sales Tax in 2018 Jan 14th Sales Tax in 2016 Sales Tax in 2018 Packet Pg. 16 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 258 per year. This constitutes a $4.2 million increase in net new revenues compared to the existing $4.8 million of sales tax revenue generated in 2012. Approximately $7.2 million of the pledge sales tax increment is used between 2015 and 2017 to support the debt payment and reserve contributions. Additional sales tax increment contributions will be required between 2029 and 2038 increasing the total estimated sales tax increment applied to the bonds to $9.0 million. Table 8 Anticipated Public Finance Cash Flow, 2012-2019 ($Millions) Slide 25 from the City Council staff presentation One final change between the May financial package and the current version relates to the use of excess PIF revenue. The project financials are conservatively based on a sales estimate of $378 per square foot. The National average in 2012 for all malls was $455 per square foot and newer malls in Denver were $600 to $700 per square foot. Anticipating this upside potential, staff built into the May agreement the creation of a Foothills Mall Fund (FMF) where excess revenues from the PIF could be used for specific improvements associated with the Mall. The intent was to keep the Mall fresh and competitive in the retail market. On further reflection, staff considered the FMF provided additional value to the Developer and not the community. The Agreement requires the Developer to maintain the Mall as a “Class A” shopping center after completion of construction. May 7th First 3 Revenue Sources Pledged Sales Tax Increment Bond Payments & Reserve Sales Tax Returned Base & Dedicated Sales Tax Sales Tax Revenue 2012 4.8 2015 2.1 2.5 4.6 --- 5.0 5.0 2016 2.3 3.1 5.4 --- 5.3 5.3 2017 6.5 3.2 9.7 --- 5.4 5.4 2018 6.5 3.3 6.0 3.3 + 5.5 = 8.8 2019 6.7 3.4 5.7 3.4 + 5.6 = 9.0 Jan 14th First 3 Revenue Sources Pledged Sales Tax Increment Bond Payments & Reserve Sales Tax Returned Base & Dedicated Sales Tax Sales Tax Revenue January 14, 2014 259 The current Agreement requires the Bond Trustee to apply excess PIF revenue not needed for debt service (which is expected to result from retail sales upside) to pay down the principal on the bonds in the year the excess revenue is generated by the project. This will lower the overall interest payment and shorten the bond term by approximately four to five years assuming sales increase to $478 per square foot. Staff believes this would be beneficial to multiple constituents: Tenants/Developer – Benefit from early termination of the Metro District Debt property tax of 50 mills reducing overall property tax costs at the site. Citizens – Benefit from the early termination of the 1.00 percent PIF, which is required to terminate when the bonds are repaid. Other Taxing Entities – Could benefit because the URA could elect to discontinue collecting property tax increment allowing these revenues to flow to the entities ahead of schedule. City – Benefits from early payment of the bonds and termination of the sales tax increment, as well as from the sales tax revenue generated by the increase from $378 to $478 per square foot. Resolution No. 067 Updating Prior Action Regarding the Redevelopment of Foothills Mall and Regarding Cooperation and Partnership with Larimer County on Economic Revitalization Efforts and the Use of Tax Increment Financing. Under Resolution 2013-045, the City committed to work with Larimer County to develop such agreements as may be necessary to develop a model for evaluating fiscal impacts associated with the formation of tax increment financing districts. Work was to be completed by December 15, 2013. For two reasons the work has not been completed - the County wants to involve multiple municipalities and when the floods hit, the County put this work on hold. The County has confirmed its desire to complete this work in 2014 and would like a one year extension. In light of the modification to the schedule for the Mall project, language regarding property tax increment to be shared with the County has been updated. FINANCIAL / ECONOMIC IMPACTS Economic Impact Analysis Overview The Project will generate economic impacts during construction and operations. The construction activities, occurring while the Developer builds and renovates Foothills, will generate one-time impact for construction workers and businesses in the area. The on-going operations of the redeveloped mall and the occupying tenants will create annual economic impacts, employing workers in the community and supporting additional economic activity throughout the region. An economic impact analysis prepared by TIP Strategies and ImpactDataSource evaluates the plan to redevelop the Foothills Mall (Attachment 3). The analysis uses the Project Development Plan as approved by the Planning & Zoning (P&Z) Board, on February 7, 2013, as the input, assuming a $312 million project investment and 446 multi-family residential units. Packet Pg. 18 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 260 The one-time construction activity will support 2,905 workers in the area and support $160.1 million in new earnings for these works, as shown in Table 8. The redeveloped mall operations represent the restaurant and retail employment and earnings supported by tenants at the mall. Currently, mall tenants employ 200-300 workers but employment is trending lower. It is projected that tenants leasing space in the redeveloped mall will employ a total of 1,200 workers when fully leased. In total, the mall’s operations will support 1,434 total workers and $28.4 million in workers’ earnings annually. Table 8 Summary of One-Time and Annual Economic Impacts Construction (One-Time) One-Time Jobs 2,905 Earnings $160,096,057 Average Earnings per Job $55,111 Operations (On-going)** Annual Jobs 1,434 Earnings $28,375,412 Average Earnings per Job $19,785 In addition to economic impacts, the redevelopment of the mall will generate one-time revenues collected by the City of Fort Collins. These revenues will be generated by the construction and renovation investment. Specifically, the redevelopment and construction project will result in sales and use tax collections, capital expansion fees, building permits and plan check fees. The one-time revenue from Sales and Use Taxes will total approximately $5.1 million with approximately $4.8 million in construction materials sales and use tax revenue and $197,000 in sales and use tax from construction worker spending, as shown in Table 9. The total building permit and plan check fees, capital expansion fees, utility fees, and street oversizing fees will total approximately $12.4 million. Table 9 Summary of One-Time Fiscal Impacts Sales and Use Taxes - Construction Materials $4,870,250 Sales and Use Taxes - Construction Worker Spending $197,245 Total Sales & Use Taxes $5,067,495 Building Permit & Plan Check Fees $848,414 Capital Expansion Fees (Less Credits) $3,441,306 Stormwater, Water & Wastewater Fees (Less Credits) $6,332,604 Street Oversizing Fees $1,729,600 Total Permit, Plan Check, and Fees $12,351,924 Packet Pg. 19 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 261 If Foothills Parkway and a portion of Mathews Street are vacated, the City will no longer be responsible for the maintenance, and as such, the roadways can be eliminated from the City’s street maintenance program. Ongoing maintenance of the area being vacated is the responsibility of the abutting property owner; however, with redevelopment of Foothills Mall, a metro district has been established, and maintenance of the vacated area would be assigned to the metro district. ENVIRONMENTAL IMPACTS Triple Bottom Line Analysis City staff prepared a Triple Bottom Line Analysis Map (TBLAM) for the Foothills Mall Redevelopment Project. The purpose of looking at major projects through a triple bottom line lens is to identify opportunities and issues in an unbiased and broad way. The TBLAM is not used to make decisions but rather to identify and work to mitigate issues, to optimize solutions whenever possible, and to inform decisions. The Mall TBLAM is presented in Attachment 4. Carbon Footprint A carbon footprint analysis was completed for the Mall Redevelopment Project at City Council’s request, to evaluate the footprint of the proposed redeveloped mall and compare that to the footprint of the existing mall and to the existing mall if it were operating under thriving conditions. A local sustainability engineering consulting firm, The Brendle Group, prepared the analysis in conjunction with City staff. The footprint analysis was reviewed and refined at a May 3, 2013 mall charrette and was provided to City Council on May 3rd separate from the AIS. Storm Water Quality The Foothills Redevelopment is required to meet current storm water standards, which will result in significant upgrades to the site. Runoff will be captured and treated to remove pollutants and discharged off site at a much slower rate than the existing condition. The storm water management and treatment facilities will provide significant reductions in peak rates of runoff from the site seen during all storm events. The reductions will create improvements in the environment downstream of the site such as reductions in the erosion of channels and improved water quality in rivers and streams that receive the runoff from the site. BOARD / COMMISSION RECOMMENDATION At its April 24 and May 1, 2013 meetings, the Economic Advisory Commission (EAC) recommended supporting the Redevelopment and Reimbursement Agreement. At its October 16, 2013 meeting, the EAC recommended supporting the revised Redevelopment and Reimbursement Agreement. Packet Pg. 20 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 262 PUBLIC OUTREACH The following lists outreach associated with all URA actions related to Foothills Mall. Outreach between 2007-2008 April 4, 2007 written notification to property owners and business interests April 6, 2007 published notification in the Coloradoan April 11, 2007 public open house April 17, 2007 City Council meeting, submitting the Existing Conditions Survey to the Planning and Zoning Board, Poudre School District, and Larimer County April 19, 2007 Planning and Zoning Board meeting Written notification to taxing entities May 15, 2007 City Council meeting, adopting the Foothills Urban Renewal Plan November 18, 2008 City Council meeting, dissolving the Foothills Urban Renewal Plan Outreach between 2011-2013 January 21, 2011 written notification to property owners and business interests February 1, 2011 City Council meeting, authorizing staff to prepare an Existing Conditions Survey April 20, 2011 public open house May 17, 2011 City Council meeting, submitting Existing Conditions Survey to the Planning and Zoning Board, Poudre School District, and Larimer County May 19, 2011 written notifications to taxing entities July 12, 2011 written notification to property owners and business interests 2011, general outreach was also provided throughout the year to community organizations, such as the South Fort Collins Business Association and Chamber of Commerce September 6, 2011 City Council meeting adopting the Midtown Urban Renewal Plan July 18, 2012 written notification to property owners and business interests (Mall area only) November 8, 2012 URA Board meeting, adopting an Agreement to Negotiate with mall Owner December 12, 2012 written notice to property owners and business interests December 12, 2012 published notification in the Coloradoan February 28, 2013 City Council meeting, reaffirming the Midtown Existing Conditions Survey and Urban Renewal Plan March 28, 2013 written notice to property owners and business interests regarding the plan amendment March 28, 2013 published notification in the Coloradoan regarding the plan amendment. General Outreach on the Financial Investment Package: Economic Advisory Commission Meeting, Special Session, April 24, 2013 and May 1, 2013 (Provided under separate cover as part of the City Council Packet on May 2, 2013) Packet Pg. 21 Attachment1.1: January 14, 2014 (URA minutes) January 14, 2014 263 Fort Collins Area Chamber of Commerce, Local Legislative Affairs Committee, April 26, 2013 Open House for Board and Commission Chairs, April 30, 2013 Economic Advisory Commission Meeting, October 16, 2013 Council Finance Committee Meeting, October 21, 2013 Public Open House, October 30, 2013.” Josh Birks, Economic Health Director, recommended the record of the previous Council meeting be included in the discussion related to this item. Boardmember Troxell made a motion, seconded by Boardmember Campana, to adopt Resolution No. 068. Yeas: Horak, Poppaw, Troxell and Campana. Nays: Cunniff and Overbeck. THE MOTION CARRIED. Boardmember Troxell made a motion, seconded by Boardmember Campana, to adopt Resolution No. 067. Yeas: Horak, Poppaw, Troxell, Cunniff and Campana. Nays: Overbeck. THE MOTION CARRIED. Adjournment The meeting adjourned at 9:30 p.m. _________________________________ Vice-Chair ATTEST: _____________________________ Secretary Packet Pg. 22 Attachment1.1: January 14, 2014 (URA minutes) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 4, 2014 Urban Renewal Authority Board STAFF Tom Leeson, Redevelopment Program Manager SUBJECT Resolution No. 069 Approving a Redevelopment Agreement Between the Urban Renewal Authority and Revive Properties LLC for the Revive Project. EXECUTIVE SUMMARY The purpose of this item is to review a resolution approving a Redevelopment Agreement between the Fort Collins Urban Renewal Authority and Revive Properties LLC for the Revive Project. Revive Properties is a 89- unit residential housing and live-work project located to the west of North College Avenue on Willox Street in the North College Urban Renewal Plan area. The Developer has requested financial assistance from the Urban Renewal Authority for street improvements, sustainability features, and stormwater detention improvements associated with the project. The project will generate approximately $1.76 million in total tax increment, and the URA staff is recommending a $1.27 reimbursement from that increment for eligible costs. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Revive project represents a great example of how public-private partnerships can be used to help the community achieve its long-term objectives related to creating great places and reaching the community’s sustainability goals. Revive will be a unique development that utilizes geothermal energy for heating and cooling homes, as well as solar power, in an effort to achieve a Net Zero Capable community. It will be a model development for Larimer County. Additionally, Revive will be a catalyst for redevelopment in the North College Urban Renewal Area by providing much needed moderately priced housing. Revive Properties is a new residential development proposed within the North College Urban Renewal Plan area. The Urban Renewal Authority (URA) has received a formal application from Revive Properties, LLC (the Developer) requesting a total of $1,600,000 in financial assistance, however, URA staff is recommending a reimbursement amount of $1,270,414 based on the eligible costs associated with the project (See Attachment 1 for Project narrative). In evaluating URA projects, significant consideration is given to the public benefits achieved by the project. Public benefit is measured by the extent to which the project aligns and achieves City policies and remediates blight. Revive properties supports a number of City Plan policies, including:  EH 4.1 - Prioritize Targeted Redevelopment and Infill  LIV 5.1 - Encourage Targeted Redevelopment and Infill  LIV 22.1 - Vary Housing Models and Types  LIV 22.3 - Offer Multi-Family Variation  LIV 22.4 - Orient Buildings to Public Streets Packet Pg. 23 Agenda Item 2 Item # 2 Page 2  ENV 6.5 - Offer Energy Efficiency Incentives  ENV 20.4 - Develop Public/Private Partnerships (Stormwater Management) The North College Infrastructure Funding Plan was created to prioritize key infrastructure in the area (See Attachment 2). The missing portion of Mason Street that Revive Properties will complete is listed as a medium priority in the Plan. Although considered to have lower priority, the stormwater detention pond is an important improvement for the West Side Drainage System identified in the Plan. Furthermore, these improvements are listed in the Plan as helping solve for adequate public facility issues and supporting economic development. Moreover, the blight factors that will be addressed by this project include:  Deteriorated site or other public infrastructure - this area lacks an adequate, coordinated drainage system, which this project is making progress to correct.  Inadequate public improvements or utilities - this project contributes to the creation of an adequate drainage system and functional street network.  Substantial physical underutilization or vacancy of sites - the fact that this site remains undeveloped in an otherwise urban area qualifies as helping to remediate this issue. Details of the project and financial assistance request are described below, and staff is seeking direction from the Finance Committee regarding whether there is support for pursuing a Redevelopment Agreement with the Developer. Project Description Revive Properties is a 89-unit residential housing and live-work project located to the west of North College Avenue on Willox Street in the North College Urban Renewal Plan area. The site is approximately 10 acres and will include 37 town homes, 18 single-family homes, 18 carriage homes, 13 live work units and, 3 condos (see Site Plan, Attachment 2). The subject property was previously under development by Merten Homes as Union Place which was awarded $2.2 million in tax increment financing (TIF) revenues in 2008 under a redevelopment agreement from the URA (Attachment 3). The project experienced financial difficulties in late 2011 and was transferred by deed in lieu of foreclosure to Adams Bank & Trust in early 2012. The bank subsequently sold the property to Wendells Fertilizer in March of 2012 who then sold the property to Revive Properties in September of 2013 for $3.64 million. The current developer, Revive Properties, who is entirely owned by Placer Development, requested a redevelopment agreement for $1.6 million in TIF reimbursements for costs associated with public improvements and sustainability elements included in the current plan. Between 2008 and 2011, Merten Homes, the Union Place developer, made significant investments into the infrastructure and landscaping of the site that included the partial installation of the geothermal heating system and much of the required roads and sidewalks. Total site and infrastructure investments completed prior to the property being transferred to Adams Bank amounted to approximately $724,467. A significant portion of these costs can be attributed to Sustainable Improvements including the installation of a geothermal heating system totaling $370,294. There has also been $354,173 in General Site Improvements including the majority of the site’s roads and sidewalks. It should be noted that Revive Properties has many of the invoices for the completed work; however, some of the invoices are missing. As a result of this and given the amount of time that has transpired, URA staff has indicated that reimbursement would only be considered for costs yet to be incurred by Revive Properties, with the exception of the Mason Street public improvements and the geothermal system. Revive Properties has provided the invoices for that work and URA staff has acknowledged those improvements meet larger community goals and have added extraordinary costs to the project. Eligible Costs The URA was created to eliminate blight using tax increment financing (TIF), and has the ability to reimburse a developer for eligible improvements associated with the project. The Developer requests financial assistance for Mason Street public improvements, regional stormwater infrastructure, and significant sustainable Packet Pg. 24 Agenda Item 2 Item # 2 Page 3 strategies all of which are eligible under Colorado Urban Renewal Law. Below is a description of the improvements and Table 1 provides the costs associated with each. It should be noted that the reimbursement request is for site improvements only. Mason and Willox Street Improvements: Mason Street extends 495 feet to the south from Willox Street. Mason Street is a two-lane collector as shown on the Master Street Plan and the only public street located on the site. It will require a larger right-of-way and also includes more utility infrastructure than what is necessary for a private street. In addition to the right-of-way and utilities, the eastern portion of the site becomes very difficult or cost prohibitive to develop. These factors lead to extraordinary costs that are above and beyond what is necessary for the private development and also decrease the density and future development potential. TIF funds are being requested to cover the costs for the construction of this street. These costs have been incurred. Landscaping in ROW and Regional Detention Pond: Significant landscaping is planned for the Willox and Mason Street ROW, as well as the regional detention pond, which has been dedicated to the City of Fort Collins. The detention pond will be utilized as both passive and active open space for the neighborhood. A 2” water tap will be required to irrigate all the public and community green space, as well as the community gardens. The community gardens will also provide healthy food and act as community gathering space. Added site amenities will increase the community experience. The costs associated with these improvements are estimates and have not yet been incurred by Revive Properties. Sustainable Strategies: Renewable Energy: Geothermal Heating and Cooling - Revive Properties will be the first development to utilize a geothermal system on a community wide basis. While the system is significantly more expensive to install, it will result in significant energy savings to the residents. Permeable Pavers: There are a significant number of permeable pavers throughout the site, which reduce stormwater runoff and are a more aesthetic surface improvement. This will be a model project for the City to test pervious pavers on a larger scale such as streets and parking areas. LEED Consulting: CSU’s Institute for the Built Environment will evaluate the site for best practices in neighborhood design using LEED-ND (Leadership in Energy and Environmental Design - Neighborhood Development). Packet Pg. 25 Agenda Item 2 Item # 2 Page 4 Table 1: Eligible Cost Eligible Cost Amount Willox Street Public Improvements Signage & Striping $ 8,588 Subtotal $ 8,588 Mason Street Improvements Dirt $ 1,639 Concrete $ 12,645 Asphalt $ 21,522 Subtotal $ 35,806 Landscape & Irrigation Detention Pond 2" Water Tap $ 137,325 Willox ROW $ 36,405 Mason ROW $ 13,604 Public park/Detention Pond $ 235,727 Community Gardens $ 20,000 Site Amentities $ 9,600 Monumentation $ 20,000 Maintenance and Warranty $ 28,960 Subtotal $ 501,621 Sustainable Strategies Renewable Energy - Geothermal $ 500,295 Permeable Pavers $ 84,204 Solar Street Lighting $ 113,524 Onsite Recycling Management $ 11,376 LEED Consulting $ 15,000 Subtotal $ 724,398 Total $ 1,270,414 Retroactive Reimbursement The URA staff has recommended a $1.27 million reimbursement, of which $490,304.43 are for improvements that have already been completed. The Urban Renewal Authority Policies and Procedures state: “TIF will not be used to retroactively reimburse projects or make payments to cover costs associated with any actions incurred by a development/redevelopment prior to execution of the Redevelopment Agreement, except for eligible hard costs associated with public improvements required of the project as approved by the Board.” It should be noted that of the $490K, just under $36K is for Mason Street improvements, which are clearly public improvements; however, the remainder is for the geothermal system ($370K) and a portion of the permeable pavers ($84K). While an important component of the project, the sustainable features are not considered a “public improvement required of the project” and would fall outside the URA policy. The Urban Renewal Authority Policies and Procedures also state: “The Board may, in its discretion, amend or waive sections of this document when determined necessary or appropriate” The URA staff is recommending the Board waive this section of policy document for the following reasons: The sustainable features incorporated into the Revive project are consistent with other community objectives related to sustainability. Packet Pg. 26 Agenda Item 2 Item # 2 Page 5 According to the EPA, geothermal heat pumps are the most energy efficient, environmentally clean and cost effective system for temperature control. The intent of the Revive developer is to construct Net Zero Capable residential units, and the geothermal system is a major factor in reaching that goal. In 2008 City Council adopted new carbon reduction goals for the Fort Collins community, which is to reduce communitywide emissions 20% below 2005 levels by 2020. The geothermal system and permeable pavers are a major contributor to the extraordinary costs associated with the need for URA assistance. One of the state objectives of the URA is to: “Promote energy and water efficiencies within buildings and developments.” Financial Analysis The URA is under contract with Economic and Planning Systems (EPS), a consultant firm out of Denver, CO, to conduct third-party financial analyses when TIF is requested. At the cost of the Developer, EPS conducted a financial analysis to understand the financial need and reasonableness of the TIF request. Tax Increment Generation The Larimer County Assessor’s Office performed an analysis of the potential tax that will be generated by the project upon completion. Based on this analysis, the County estimates the stabilized value of the property to be $18.6 million, generating $135,572 per year in tax over and above the existing taxes collected, which represents the tax increment. Assuming construction in 2014, there are approximately 15 years remaining in the North College Urban Renewal Area available to generate project increment, resulting in a total estimated increment of $1,762,436 (this assumes a 0% annual growth rate). Revive Properties is requesting $1,270,414 in TIF from the URA, representing 72% of the total increment. This amount is consistent with the established URA Financial Parameters, which limits the total amount of TIF assistance relative to TIF generation to 75% for improvements which are generally considered enhancements. It should be noted that the URA financial parameters also limit the percent TIF contribution relative to total project cost to 15%. Revive’s total project cost is $5.4 million, excluding the vertical construction costs. This puts the percent of TIF relative to project cost at 23%, which is higher than the URA financial parameters. However, if the estimated vertical construction costs are included ($18,697,200), then the percent TIF relative to total project cost is equal to 7%. URA staff recommends evaluating the project with the vertical construction costs included as that is what generates the property value, which generates the tax increment. Financial Returns EPS conducted an analysis to determine the impact of the URA’s participation on the developer’s return on investment given the developer’s estimated revenue from lot sales. Without financial assistance from the URA, the return is -30%; with the recommended URA assistance, the return is -6.3%. EPS notes that a slight increase in estimated revenues from lots sales results an improved return, although still lower than what a developer or investor would expect for a real estate development project of this size and level of risk. EPS concludes that the Developer’s TIF request is atypical in that Revive Properties request is for the horizontal improvements only, and no pro forma has been provided for the vertical construction. However, on face value, based on the order of magnitude planning level financial data provided, the project meets the “but for” analysis requirement that the TIF funds are needed to make the project financially feasible. Redevelopment Agreement Terms The following points are included within the final Redevelopment Agreement: The maximum URA reimbursement is $1,270,414. The reimbursement is contingent upon completion 25% of the units (22 units) The URA shall pay 72% of the increment annually generated by the project on the property and paid during the preceding calendar year. The URA shall pay the developer a reimbursement until either: 1) the full payment of the reimbursement obligation has been satisfied; or, February 1, 2029 Packet Pg. 27 Agenda Item 2 Item # 2 Page 6 Revive Properties to complete construction of the Public Improvements by June 30, 2015. 25% of the units within the project by December, 2015. All units will utilize a geothermal heating and cooling system. All units will utilize solar photovoltaic systems and will incorporate Net Zero Capable design Staff Evaluation Staff is supportive of the financial request for the following reasons:  The costs that the Developer is seeking assistance with are eligible public improvements according to Colorado Urban Renewal Law.  The URA’s financial assistance fills a financial “gap” in the project.  The Developer’s financial return is lower than what a developer or investor would expect for a real estate development project of this size and level of risk, even with the URA assistance.  The Developer is seeking a proportion of total tax increment generated from the project that is consistent with the URA financial parameters and will allow the URA to use the remaining increment for additional North College projects. FINANCIAL / ECONOMIC IMPACT Currently, the project site generates approximately $18,932 in annual property tax revenue. After the Developer’s approximately $19 million investment, the site will generate approximately $135,572 in annual tax increment. Based upon a conservative estimate assuming no appreciation, the site will generate approximately $1.76 million over the remaining life of the North College Urban Renewal Plan area. The Developer’s request for $$1.2 million represents 72% of the total increment. Although the URA will not have to borrow funds from the City to cover the reimbursement obligation, the Redevelopment Agreement commits the URA to repay the Developer 72% of the tax increment generated by the project annually until either: (1) the full payment of the reimbursement obligation has been satisfied; or, (2) February 1, 2029. ENVIRONMENTAL IMPACTS The Revive project is designed to be a Net Zero Capable community and will realize significant energy savings relative to a traditional residential subdivision. According to the EPA, geothermal heat pumps are the most energy efficient, environmentally clean and cost effective system for temperature control. Combined with solar photovoltaic systems, Revive will be a model for sustainable development in northern Colorado. Revive Properties, LLC is working with CSU’s Institute for the Built Environment and is still evaluating the energy system. It is anticipated the applicant will be able to present the energy savings quantitatively at the March 4 meeting. BOARD / COMMISSION RECOMMENDATION The North College Citizen's Advisory Board reviewed the Revive project and the associated request to the URA for financial assistance on February 6, 2014. The Board unanimously approved the following motion: "The North College Citizens’ Advisory Group supports the project and its benefit to the neighborhood, with regard to the rooftops being added to the neighborhood and the overall design of sustainability." Minutes from that meeting are included as Attachment 5. The Urban Renewal Finance Committee reviewed the Revive project on February 10, 2014. Minutes will be provided under separate cover. The Economic Advisory Commission reviewed the Revive project on February 18, 2014. Minutes will be provided under separate cover. Packet Pg. 28 Agenda Item 2 Item # 2 Page 7 ATTACHMENTS 1. Executive Summary of Project (PDF) 2. North College Infrastructure Fund Plan Map (PDF) 3. Site Plan (PDF) 4. Redevelopment Agreement - UnionPlace (PDF) 5. February 6, 2014 CAG Minutes (PDF) 6. 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Pervious Induction concrete lighting – reduces -­‐ Induction stormwater lighting run will off be and used reuses to fly meet ash from dark-­‐coal sky requirements 5. 6.  Onsite LEED  recycling Consulting Packet Pg. 36 Attachment2.2: North College Infrastructure Fund Plan Map (URA- Revive Properties Redevelopment Agreement)   #    #  Packet Pg. 38 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 39 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 40 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 41 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 42 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 43 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 44 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 45 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 46 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 47 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 48 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 49 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 50 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 51 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 52 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 53 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) Packet Pg. 54 Attachment2.4: Redevelopment Agreement - UnionPlace (URA- Revive Properties Redevelopment Agreement) 1 NORTH COLLEGE CITIZENS ADVISORY GROUP REGULAR MEETING THURSDAY, FEBRUARY 6, 2014 DATE: Thursday, February 6, 2014 LOCATION: CIC Conference Room TIME: 7:30–8:30am TAPE B Members Present: Mike Bello, Bob Brown, Grant Sherwood, Dean Hoag, Jim Eddy, Don Butler, Neil McCaffrey Members Absent: Bob Overbeck (Council Liaison), Ron Lautzenheiser, Emily Heinz, Tim Kenney Guests: Sue McFaddin and Harvey Yoakum, Revive Properties; Todd Parker, citizen P & Z Representative: Not present Staff Present: Tom Leeson, Dianne Tjalkens Meeting Call to Order: 7:30am Public Comment: none AGENDA ITEM 1: Review and Recommendation of Revive Properties (formerly Union Place) presentation by staff Tom gave a presentation on Revive Properties. He said staff is at the point of being able to present the financial analysis. The URA is excited about the project because it meets a lot of the Community Plan’s long term goals and North College infrastructure priorities, like the west side detention pond. The project also remediates blight of deteriorated infrastructure. The site plan is similar to the original proposal. There will be less commercial space, with total 89 units. The property is 10 acres; Mason Street and the detention pond take up a large portion of the site. A majority of the site will include geothermal heating and cooling. There will be solar and the project will use net zero capable design. The financial request has two components: vertical and horizontal. The request is for horizontal. The project cost is $5.4 million for horizontal only. The URA recommends 72% of total tax increment (see slide). The financial request is $1.72 million for Mason and Willox improvements, landscaping and detention pond, and sustainable strategies. The URA has a policy that we will not retroactively reimburse; however, the staff recommends retroactive reimbursements for this project for public road improvements and a portion of the geothermal and permeable pavers that have already been installed. The renewable energy is adding a significant cost to the project and it helps the community achieve objectives and be a model for future developments. An independent financial analysis was done. Tom explained the numbers and that the project is asking for just enough money to break even. The request is atypical because it does not include any vertical construction. The developer is trying to secure funding before beginning work to see if the project can go forward. Tom explained the redevelopment agreement terms including a maximum reimbursement of $1.27 million. The URA will pay 72% of the increment annually generated by the project. They will be required to complete public improvements by November DRAFT Packet Pg. 55 Attachment2.5: February 6, 2014 CAG Minutes (URA- Revive Properties Redevelopment Agreement) 2 30, 2014; 25% of units will be complete by September 30, 2016; all units will utilize geothermal; and all units will be net zero capable. He discussed the staff evaluation and the belief that this is a good public- private partnership. Discussion/Q & A: x Bob wondered if the URA is in favor, why it is presenting to this group. x Tom said they are looking for a recommendation from NCAG to the URA board. x Bob wondered why anyone would want to just break even. x Tom said the owner of the land is trying to protect his asset as well as he can, and resurrect the project. Breaking even is better than a significant loss. x Grant asked for help understanding the process when Donna Merton’s project was approved. x Tom said the URA was going to provide $2.2 million in that deal and the payment was structured differently. The project as designed before would have generated more TIF. x Grant asked if there was any affordability built in to the new plan. x Tom said there are no deed restrictions, but units will be priced as “attainable.” x Don said we haven’t paid anything out, but we bought the detention pond from Donna. x Tom said that was a $157,000 pay back from Utilities. x Don asked if there is another bank in the picture. x Tom said the bank is no longer involved. There is no loan on the property. Donna did a deed in lieu of foreclosure. It was sold to another entity, and then sold to Revive. They paid $3.6 million. x Don said the ground was sold for $800,000 originally. They must have thought it was a good investment to pay $3.6 million. x Sue said they have an appraisal for $3.5 million. x Harvey said the detention pond was paid for to get the water onto that property. It is a community detention pond. x Tom said its part of the regional system. x Neil said they were very supportive of Donna’s project. They like the project, but their concern is numbers. The $157,000 was paid to Donna or to the bank? (Harvey said to Donna) Revive is not owned by the bank. If the project can’t make it without the tax increment, it’s a significant portion of the tax increment that concerns him. The advantage is that there is a good chance we will get a little bit more. With Albertsons closing have we looked at the vacancies of the area? x Tom said they haven’t done a full analysis, but it’s not good. However, the risk to the URA is very small. x Neil asked the anticipated cost of each unit. x Sue said low $200s to $400 for a single family home. x Neil said that is pretty average right now. x Jim asked if the difference in numbers was due to missing receipts. x Sue said it is to dig for additional geothermal. x Jim said there is no pro forma, and we are seeing 0% return. Without a pro forma, it’s a hypothetical project. As the URA looks at it, the presentation of the numbers needs to show the developer’s interest. It’s hard to believe the developer is willing to get 0% return. x Sue said they have shopped it to developers and builders, but had little interest. They have partnered with Dave Phillips, known for green homes, who is permitted to build commercial and residential. x Jim asked if so Adams bank is still involved in the project. x Sue said yes. x Dean said he wonders if the City should reimburse for geothermal that is already in place. He thinks when they bought the project and land, they bought what is there. The URA is supposed Packet Pg. 56 Attachment2.5: February 6, 2014 CAG Minutes (URA- Revive Properties Redevelopment Agreement) 3 to help with the additional things to be done. Do we still have the checklist from the URA for grading projects? x The group was uncertain if the checklist was still in use. x Dean asked about the geothermal. x Tom said the redevelopment agreement will state how many units will be geothermal. x Sue said they need to do energy modelling on condos to see if it can be used. x Tom asked if the geothermal was in place for all townhomes and single family units. x Sue said yes. x Bob asked the cost per unit for geothermal. x Dean asked what the guarantee is. x Sue said they will not get the reimbursement if they do not install the geothermal. x Dean said he would also like to see the pro forma. Tim Kenney looked at this last night and did an analysis comparing Aspen Heights and Revive. One of his questions was from a scale standpoint, should the TIF percent be dropped to be more in line with Aspen Heights. x Tom said the parameters are in place to guide the percentages. Aspen Heights had one of the lowest percent projects the City has done, so it may not be a good comparison. For this type of project, the maximum is 75% of TIF and 15% of total project cost. The URA board is comfortable with those numbers. x Dean said Tim also asked if the sustainable feature is driving the need for TIF, and if Revive is no longer minority owned, should there be less TIF as a result? x Tom said yes to the sustainable features. He cannot speak the minority owned issue. Aspen Heights did less public improvement and needed less money. x Dean said the percentage we previously used was around 50%. x Mike mentioned that King Soopers and Innosphere were both higher than that. x Neil said the board feels like it didn’t know as much when it did the King Soopers project, and in the case of the Innosphere, some of the board members felt we had it shoved down our throats. When you hear the concern and hesitancy it is due to previous mistakes, not personal. x Harvey said they have not run out of projects, they are trying to break even, rather than dumping the property. x Mike asked if the increment was based on the total build out or the improvements of the horizontal. x Tom said total build out. The county gave an estimated value on total build out. We took that number, with an assumption that 10 units are done in 2014 with collection beginning after that. x Mike said he thinks it is a great project. We should really try to figure out how to support it. TIF has been criticized by the county because the money is not going to them. Commercial hasn’t impacted the county as much, but this residential will impact their income. Have we been discussing this with the county? x Tom said staff has been in communication with the county. x Mike asked if Revive is breaking even on the sale of the lots. x Sue said yes. x Mike asked to review the site plan. Is the public improvement the park and detention pond? x Tom said the detention pond and Mason Street. x Sue said three of the ten acres had to go to the street and detention pond. x Dean said this is based on total build out by 2016. Is that realistic? x Tom said probably not. Which is why we are comfortable giving a percentage on an annual basis. The numbers are the maximum and there is incentive to the developer to move quickly. x Harvey said there is no front end money in this project. Packet Pg. 57 Attachment2.5: February 6, 2014 CAG Minutes (URA- Revive Properties Redevelopment Agreement) 4 x Don asked if they have developed anything to show what they plan to do. He asked for clarification on the commercial. x Sue said there will be 5000 square feet of commercial, but it will be the last thing built because commercial isn’t selling well on North College right now. x Neil asked if the intent was to have a vote on this today. x Tom said yes. He would like to see a recommendation from this group. x Neil said he isn’t comfortable voting on it today. He feels pressure. We like the concept, but the number doesn’t square with what we’ve been trying to get to. x Mike asked when it goes to Council. x Tom said it goes to the URA finance committee next Monday and to the URA board March 4. x Harvey said he is confused. They aren’t asking for a check. What is the concern, if Revive is taking all the risk? x Neil said the concern from our end is that we are trying to find the money to do improvements development won’t necessarily help. We had trouble finding money to finish College Avenue. There is a road on the other side that needs to be put in, in advance of development. We are trying to help projects get financed and finance what projects can’t do. x Harvey said with how this is structured, aren’t we financing our own deal? x Neil said yes, but there are conversations about what happens when developers come in and remove trailer parks. How do we help those situations? We would like to create a fund to help people who are displaced, so we don’t have fights. x Harvey asked what the vision was when the project was approved the first time. x Neil said the TIF was closer to 50% last time. x Grant asked if we used 0 appreciation then. x Tom said no. The URA and CAG need to have a conversation about balancing TIF and larger projects. The financial parameters the URA is setting are the ones staff is going to follow. If NCAG is going to go with 50%, then we need to talk to the URA board. x Dean said if the URA board would meet with us, and they are comfortable with a higher percentage, that gives us guidance. The 50% was an idea to help projects and some money set aside to help the rest of our projects. x Neil said this is not adversarial. We want to make sure we don’t regret our decisions with this project. x Don said we are an advisory group and we don’t know what Council wants to do. We need to know what the URA board is thinking. x Harvey said they had three builders come out of the Stapleton area. Their first reactions were all around the trailer park. He plans to build along the backside of the property first to cover that area. x Don said we need to make sure not to upset the residents. x Harvey said they have added a nice fence and drainage and the residents are pleased so far. Mike moved a motion to support the Revive project. Grant seconded. The North College Citizens’ Advisory Group supports the project and its benefit to the neighborhood, with regard to the rooftops being added to the neighborhood and the overall design of sustainability. Approved unanimously, 6-0-0 (one member left before vote). x Dean asked Tom to use the checklist because the project might grade out well. x Sue said this project will bring great publicity to North College. It’s a real community project. It is not greedy developers. These people are stepping up to the plate. Packet Pg. 58 Attachment2.5: February 6, 2014 CAG Minutes (URA- Revive Properties Redevelopment Agreement) 5 x Dean said he likes the approach of paying a percentage as the project moves along. x Harvey said they won’t get paid unless they do the work. AGENDA ITEM 2: Other Business None CLOSING REMARKS: None. Adjournment Neil moved to adjourn. Meeting Adjourned at 8:36am. Packet Pg. 59 Attachment2.5: February 6, 2014 CAG Minutes (URA- Revive Properties Redevelopment Agreement) 1 Revive Properties Urban Renewal Authority (URA) Redevelopment Agreement URA Board March 4, 2014 Packet Pg. 60 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 2 Tonight’s Action Resolution to adopt a Redevelopment Agreement between Revive Properties, LLC (Developer) and the Fort Collins Urban Renewal Authority (URA). Packet Pg. 61 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 3 Public-Private Partnership: • Creating great places • Community sustainability goals • Model development Packet Pg. 62 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 4 Public Benefits City Plan • EH 4.1 – Prioritize Targeted Redevelopment and Infill • LIV 5.1 – Encourage Targeted Redevelopment and Infill • LIV 22.1 - Vary Housing Models and Types • LIV 22.3 – Offer Multi-Family Variation • LIV 22.4 – Orient Buildings to Public Streets • ENV 6.5 – Offer Energy Efficiency Incentives • ENV 20.4 – Develop Public/Private Partnerships (Stormwater Management) North College Infrastructure Funding Plan • Missing segment Mason St – Med. priority. • West Side Drainage System. Packet Pg. 63 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 5 Public Benefits Blight remediation • Deteriorated site or other public infrastructure. • Inadequate public improvements or utilities. • Substantial physical underutilization or vacancy of sites. Packet Pg. 64 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 6 Project Description • 37 townhomes • 18 Single family units • 18 carriage homes • 13 live work units • 3 condos • Total of 89 units • 10-acres • Regional detention pond/public park • Geothermal heating/cooling system. • Photovoltaic systems • Net Zero capable • design Packet Pg. 65 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 7 Financial Request Total Project Cost (Site Improvements Only) $5,401,061 Projected Actual Value (Total Project) $18,697,200 Projected Annual Tax Increment $135,572 Total Property Tax Increment Expected $1,762,436 Total TIF Requested $1,600,000 % of Tax Increment Requested 91% Total TIF Recommended 1,270,414 % of Tax Increment Recommended 72% % of TIF Relative to Project Cost (Site Improvements) 23% % of TIF Relative to Project Cost (Total Project) 7% Packet Pg. 66 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 8 Financial Request Eligible Cost Amount Willox Street Public Improvements Signage & Striping $ 8,588 Subtotal $ 8,588 Mason Street Improvements Dirt $ 1,639 Concrete $ 12,645 Asphalt $ 21,522 Subtotal $ 35,806 Landscape & Irrigation Detention Pond 2" Water Tap $ 137,325 Willox ROW $ 36,405 Mason ROW $ 13,604 Public park/Detention Pond $ 235,727 Community Gardens $ 20,000 Site Amentities $ 9,600 Monumentation $ 20,000 Maintenance and Warranty $ 28,960 Subtotal $ 501,621 Sustainable Strategies Renewable Energy - Geothermal $ 500,295 Permeable Pavers $ 84,204 Solar Street Lighting $ 113,524 Onsite Recycling Management $ 11,376 LEED Consulting $ 15,000 Subtotal $ 724,398 Total $ 1,270,414 Packet Pg. 67 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 9 Financial Request Eligible Cost Amount Willox Street Public Improvements Signage & Striping $ 8,588 Subtotal $ 8,588 Mason Street Improvements Dirt $ 1,639 Concrete $ 12,645 Asphalt $ 21,522 Subtotal $ 35,806 Landscape & Irrigation Detention Pond 2" Water Tap $ 137,325 Willox ROW $ 36,405 Mason ROW $ 13,604 Public park/Detention Pond $ 235,727 Community Gardens $ 20,000 Site Amentities $ 9,600 Monumentation $ 20,000 Maintenance and Warranty $ 28,960 Subtotal $ 501,621 Sustainable Strategies Renewable Energy - Geothermal $ 500,295 Permeable Pavers $ 84,204 Solar Street Lighting $ 113,524 Onsite Recycling Management $ 11,376 LEED Consulting $ 15,000 Subtotal $ 724,398 Total $ 1,270,414 Retroactive Reimbursement • $36 Public Road Improvements • $370K & $84K for sustainable features Sustainable features are not: “public improvement required of the project” Board may waive sections of policy document when determined necessary or appropriate. Sustainable strategies consistent with many other community objectives. Packet Pg. 68 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 10 Financial Analysis Conclusion • Developer’s request is atypical because it does not include vertical costs/returns. • Recommended TIF amount is consistent with URA Financial Parameters • Even with the requested TIF funds, the estimated returns are below what a developer or investor would expect for a real estate development project of this size and level of risk Project Returns Full TIF Amount Requested Recommended TIF Amount TIF AMOUNT $1,600,000 $1,270,414 Project Returns Revenue $3,752,486 $3,752,486 Cost $5,363,094 $5,363,094 Project Return Without URA Funds ($1,610,608) ($1,610,608) With URA Funds ($10,608) ($340,194) Return on Investment With URA Funds -0.20% -6.34% Without URA Funds -30.03% -30.03% Project Returns with 10% Higher Revenues Full TIF Amount Requested Recommended TIF Amount TIF AMOUNT $1,600,000 $1,270,414 Project Returns Revenue $4,127,735 $4,127,735 Cost $5,363,094 $5,363,094 Project Return Without URA Funds ($1,235,359) ($1,235,359) With URA Funds $364,641 $35,055 Return on Investment With URA Funds 6.80% 0.65% Without URA Funds -23.03% -23.03% Packet Pg. 69 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 11 Redevelopment Agreement Terms Max reimbursement - $1,270,414 Reimbursement contingent upon Completion 25% of the units URA shall pay 72% of the increment annually generated by the project on the property and paid during the preceding calendar year. The URA shall pay the developer a reimbursement until either: 1) the full payment of the reimbursement obligation has been satisfied; or, February 1, 2029. Packet Pg. 70 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 12 Redevelopment Agreement Terms Revive Properties to complete construction of the Public Improvements by November 30, 2014. 25% of the units within the project by June 30, 2015. All units will utilize a geothermal heating and cooling system, or equivalent sustainable energy system to achieve a Net Zero capable community. Packet Pg. 71 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 13 Staff Evaluation • The storm drainage detention pond and enhanced Mason Street improvements impose extra cost on the project. • Sustainable features and Net Zero Capable Homes consistent with City goals • Request is for URA-eligible improvements. • URA funding facilitate the construction of regional street and storm water improvements. • Developer’s return is below market expectations. Packet Pg. 72 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) 14 Staff Recommendation Staff recommends adoption of the Resolution Packet Pg. 73 Attachment2.6: Staff Presentation (URA- Revive Properties Redevelopment Agreement) - 1 - RESOLUTION NO. 069 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPROVING A REDEVELOPMENT AGREEMENT BETWEEN THE FORT COLLINS URBAN RENEWAL AUTHORITY AND REVIVE PROPERTIES, L.L.C., FOR THE REDEVELOPMENT OF A 10-ACRE SITE IN THE NORTH COLLEGE URBAN RENEWAL PLAN AREA WHEREAS, the Fort Collins Urban Renewal Authority (the “Authority”) is a public body corporate and politic, and has been duly created, organized, established and authorized by the City of Fort Collins, Colorado (the “City”) to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Colorado Urban Renewal Law, constituting part 1 of article 25 of title 31, Colorado Revised Statutes, as amended (the “Act”); and WHEREAS, the City Council of the City by Resolution No. 2004-152 approved and adopted on December 21, 2004 has authorized and approved the “North College Urban Renewal Plan” as an urban renewal plan under the Act (the “Plan”) for the area described therein “Plan Area”); and WHEREAS, Revive Properties, L.L.C. (the “Applicant”) desires to construct a new residential development with approximately 89 units of various types to provide residential housing and live-work units on a site approximately 10 acres in size that is located to the west of College Avenue on the south side of Willox Street (the “Project”); and WHEREAS, the Project is located within the boundaries of the Urban Renewal Plan Area described in the Plan Area; and WHEREAS, the Authority is authorized under Section 32-25-107(9), Colorado Revised Statutes to enter into obligations to fund projects utilizing property tax increment generated by redevelopment within the Plan Area; and WHEREAS, in order to proceed with the Project, certain public street and stormwater infrastructure must be constructed; and WHEREAS, Authority staff has worked with the Applicant to identify appropriate financial assistance from the Authority that would enhance the likelihood that the Project will be built; and WHEREAS, Authority staff and the Applicant have discussed a financial assistance package that includes reimbursing the Applicant for constructing certain public improvements and sustainability elements of the Project that advance identified policy objectives of the Authority and of the comprehensive plan of the City of Fort Collins, known as “City Plan;” and Packet Pg. 74 - 2 - WHEREAS, Authority staff has prepared for the Board of Commissioners of the Authority (the “Board”) a proposed agreement between the Authority and the Applicant that sets forth the terms and conditions upon which financial assistance will be provided to the Applicant by the Authority (the “Agreement”); and WHEREAS, the Agreement is attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, the total cost of the Project is expected to be approximately $5.4 million and the Agreement provides that the Authority will reimburse the Applicant up to a maximum total amount of $1,270,414 for the completion of specified public improvements and sustainability elements of the Project, to be paid over time as a percentage of the tax increment revenues actually generated by the Project; and WHEREAS, the Authority calculates that the Project will generate approximately $135,500 annually in property tax increment; and WHEREAS, on October 15, 2013, the Board approved Resolution No. 063, adopting updated policies for the Authority (“Policies”); and WHEREAS, the Policies provide that tax increment revenues of the Authority may be used to retroactively reimburse a redevelopment project developer for eligible hard costs associated with public improvements required of a project, if approved by the Board; and WHEREAS, while the Agreement provides for reimbursement of some costs previously incurred for construction of public improvements, some of the costs proposed for reimbursement are for sustainability improvements that have already been incurred as part of the Project; and WHEREAS, the Policies further provide that the Board may, in its discretion, amend or waive sections of the Policies when determined necessary or appropriate; and WHEREAS, Authority staff has recommended that the Board authorize the reimbursement of costs already incurred for a geothermal system and permeable paver improvements, because these improvements advance community objectives related to energy efficiency, environmental protection and low-impact development; and WHEREAS, the Board believes that the Agreement is in the best interests of the Authority. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. That the Board hereby finds that it is in the best interests of the Authority to provide financial assistance to the Applicant pursuant to the terms and conditions contained in the Agreement because the Project will serve the important purposes of remedying blight conditions within the Plan Area pursuant to the Urban Renewal Plan, increasing sales tax Packet Pg. 75 - 3 - revenues and housing opportunities in the Plan Area, enhancing and building public infrastructure, promoting sustainable development and energy and water efficiencies, and otherwise further the purposes, goals, and objectives of the Urban Renewal Plan for the North College Avenue Corridor. Section 2. That the Board hereby approves as an exception to the Policies the reimbursement of the Applicant for costs incurred prior to execution of the Agreement, including costs for a geothermal system and permeable pavers that have been incorporated into the Project, as well as public street improvements already completed as required for the Project. Section 3. That the Agreement is hereby approved, and the Executive Director is hereby authorized to execute the Agreement, subject to such modifications in form or substance as the Executive Director may, in consultation with the Authority Attorney, deem desirable and necessary to protect the Authority’s interests, or to further the purposes of the Urban Renewal Plan and this Resolution. Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 4th day of March A.D. 2014. Chairperson ATTEST: Secretary Packet Pg. 76 REDEVELOPMENT AGREEMENT REVIVE PROPERTIES This Agreement is made and entered into effective as of the ___ day of March, 2014, by and between the Fort Collins Urban Renewal Authority, a body corporate and politic of the State of Colorado (the “Authority”), and Revive Properties, L.L.C., a Colorado limited liability company (the “Developer”). RECITALS WHEREAS, the Developer is the owner of the property that is the subject of this Agreement (the “Property”) described as follows: LOT TR B‐E UNION PLACE SUB LOT TR G‐O&Q UNION PLACE SUB LOT L1‐10 BLK B1 UNION PLACE SUB LOT L1&2 BLK B2 UNION PLACE SUB LOT L1‐8 BLK B3 UNION PLACE SUB LOT L1&2 BLK B4 UNION PLACE SUB LOT L1‐4 BLK B5 UNION PLACE SUB; and WHEREAS, the City of Fort Collins, Colorado (the “City”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, on June 6, 1978, the City Council adopted Resolution 78‐49, adopting findings and establishing the Fort Collins Urban Renewal Authority (the “Authority”) as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended (the “Act”); and WHEREAS, on December 21, 2004, the City Council of the City adopted Resolution 2004‐152, making findings and approving the Urban Renewal plan for the North College Avenue Corridor (the “Plan”); and WHEREAS, the purpose of this Agreement is to eliminate blight and otherwise implement and further the above‐referenced Resolutions, and the purposes, policies, goals, and objectives of the Authority and the Plan, pursuant to the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, C.R.S. (the “Act”); and WHEREAS, the Property is within the Urban Renewal Area described in the Plan, and is within the North College Avenue Tax Increment Financing District, in which property taxes EXHIBIT A Packet Pg. 77 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 2 have been divided pursuant to the Act and the Plan, establishing a property tax increment to fund redevelopment and public improvement projects of the Authority; and WHEREAS, the Developer will pursue certain undertakings and activities to eliminate and prevent blight, by clearing, rehabilitating and redeveloping the Property, within the meaning of the term “urban renewal project,” as set forth in the Plan and as defined in the Act; and WHEREAS, the Authority and the Developer wish to cooperate in the redevelopment of the Property in furtherance of the Plan by entering into this Agreement. AGREEMENT NOW THEREFORE, in consideration of the promises and the mutual obligations of the Parties and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows. SECTION 1. DEFINITIONS In this Agreement, unless a different meaning clearly appears from the context: 2018 Tax Base Amount means the Pre‐Project Tax Base Amount as of 2018, or as of the year of full completion of the Project, if before 2018. Act means the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, C.R.S. Agreement means this Agreement, as it may be amended or supplemented in writing. References to Sections or Exhibits are to this Agreement unless otherwise qualified. Building or Buildings means one or more of the building identified in Exhibit A. Category means one or more of the four (4) Categories of Eligible Costs set forth on Exhibit B Certificate of Occupancy shall mean a final, unconditional certificate of occupancy issued by the City’s Building Official under Chapter 5 of the City Code, or a conditional certificate of occupancy, provided that the Authority, in its sole discretion, determines that the conditional certificate of occupancy is sufficient given the circumstances and purposes of the Authority. Certificate of Valuation means the certification by the Larimer County Assessor’s Office to determine predicted valuation of the Project once complete that is attached as Exhibit C. Charter means the Municipal Charter of the City of Fort Collins. Packet Pg. 78 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 3 City means the City of Fort Collins, Colorado. City Code means the Municipal Code of the City of Fort Collins. Commence Construction and Commencement of Construction mean to obtain a building permit to construct the Building, if the Developer diligently pursues the construction of the Building under the permit in a manner necessary to Complete Construction of the Project. Complete Construction and Completion of Construction with respect to the Public Improvements mean acceptance by the City of the Public Improvements. With respect to any Building, Complete Construction and Completion of Construction mean that: 1) construction of the Building is complete under applicable laws, ordinances and regulations; and 2) Certificate of Occupancy has been issued for the Building for its intended permitted use without restrictions. With respect to the Project, Complete Construction and Completion of Construction mean that: 1) the Larimer County Assessor has certified that the real property valuation for the property has changed from vacant land to residential; and 2) construction of all, or substantially all, Buildings that are part of the Project have been completed. Control or Controlled by, with respect to any entity, means possession of the power to direct or cause the direction of the management and policies of the entity, whether through the ownership of the majority of voting securities, by contract, or otherwise. Covenant Not to Protest means the Covenant Not to Protest the valuation of the Property for real property tax purposes by the Larimer County Assessor required under Section 2.11. Developer means Revive Properties, LLC, a Colorado limited liability company, and any successors and assigns as permitted under Section 2.9 of this Agreement or as approved by the Authority. Developer Financing means the financing described in Section 2.1. Dwelling Unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single‐family, two‐family or multi‐family dwelling or mixed‐use building. Eligible Costs means the reasonable and necessary expenditures to design and carry out the Funded Improvements as identified on Exhibit B incurred by the Developer subsequent to the date of this Agreement, as certified by the Developer and, at the Authority’s option, verified by an appropriate expert. Certain costs for a geothermal heating and cooling system, as well as some permeable pavers and identified on Exhibit B, up to a total maximum amount of $454,498.59 that were incurred after the filing by Developer with the Authority of an application Packet Pg. 79 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 4 for reimbursement, but prior to the date of this Agreement, are deemed to be Eligible Costs. Eligible Costs shall not include interest paid or accrued on any such expenditures. Final Development Plan means the Final Development Plan for the Project dated October 2009, together with the Final Plan Amendment as approved by the City. Final Plan Amendment means the proposed amendments to the single‐family portion of the originally approved final development plan for Union Place, dated October, 2009, that would update said plan to reflect the Project as described in this Agreement and, specifically, Exhibit “A” to this Agreement. Funded Improvements means the improvements or activities and undertakings listed and described in Exhibit B that the Developer will construct as part of the Project, for design and completion of which the Eligible Costs will be incurred. Land Use Code means the Land Use Code of the City of Fort Collins. Party or Parties means a party or the parties to this Agreement, as first identified above. Plan and Urban Renewal Plan mean the North College Avenue Urban Renewal Plan described in the Recitals. Pre‐Project Tax Base Amount means the amount representing the taxes paid on the Property in 2013 before the construction of the Project and certified as such by the Larimer County Assessor’s Office as shown on Exhibit C, which the Parties agree for the purpose of this Agreement is $18,932.00, adjusted annually consistent with each of the County’s annual adjustments of the North College Urban Renewal District property tax base subsequent to 2013. Project means the design, construction and reconstruction of all improvements, infrastructure, parking, streets, rights‐of‐way, buildings, structures, signage, and landscaping to be constructed on the Property pursuant to the Final Development Plan and Development Agreement, and includes, but is not limited to, the Funded Improvements and Building. Property means the real property legally described as follows: LOT TR B‐E UNION PLACE SUB LOT TR G‐O&Q UNION PLACE SUB LOT L1‐10 BLK B1 UNION PLACE SUB LOT L1&2 BLK B2 UNION PLACE SUB LOT L1‐8 BLK B3 UNION PLACE SUB LOT L1&2 BLK B4 UNION PLACE SUB LOT L1‐4 BLK B5 UNION PLACE SUB Packet Pg. 80 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 5 Outside Date means the date by which the parties agree a certain event must have occurred in order for the Developer to be in compliance with the terms of this Agreement, as set forth in the Schedule of Performance. Reimbursement Cap means the maximum Reimbursement Obligation of One Million and Two Hundred and Seventy Thousand and Four Hundred and Fourteen Dollars ($1,270,414.00), subject to the conditions and limitations as provided in Section 3.1. Reimbursement Obligation means the obligation of the Authority to reimburse the Developer for the Eligible Costs under Section 3.1, up to the Reimbursement Cap. Related Entity means any entity wholly owned or Controlled by the Developer. For this definition, the term “owned” means the ownership of 100% of the ownership interests in the entity; and the term “Controlled” shall have the meaning hereinabove set forth. Schedule of Performance means the schedule that governs the times for the performance by the Developer and the Authority attached hereto as Exhibit D. Target Date means the date by which the parties agree a certain event is reasonably expected to have occurred, as set forth in the Schedule of Performance. Urban Renewal Area means all of the area of real property, including public rights of way within the boundaries of the Urban Renewal Project as described and delineated in the Plan. SECTION 2. DEVELOPER OBLIGATIONS 2.1 Developer Financing. The Developer agrees to provide the Developer Financing expected to comprise approximately $5.4 million of Developer equity. The terms of the Developer Financing must be consistent with the requirements of this Agreement and adequate to Complete Construction of the Project under this Agreement and by the date specified in the Schedule of Performance. Developer represents and agrees it has the financial and legal ability and can bear the economic risk of financing and achieving Completion of Construction of the Project, the costs of which are to be paid under the terms and conditions of this Agreement and the approved construction documents. The Authority acknowledges that the terms and conditions of the Developer Financing will be determined by separate agreements and instruments to which the Authority will not be a party, which agreements and instruments shall not alter or affect the respective rights and obligations of the Developer and the Authority under this Agreement. The Authority acknowledges, subject to the foregoing, that the Developer and other parties to the Developer Financing are entitled to establish, modify or amend the Developer Financing, without the consent of the Authority. 2.2 Demolition, Clearance and Preparation of the Property. If necessary, the Developer will demolish and clear any existing improvements from the Property and prepare the Property for Packet Pg. 81 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 6 construction of the Project. This work shall be performed in accordance with the requirements of all laws, rules, and regulations, including those of the City. As an additional requirement, the Developer must recycle all materials generated by the demolition and removal of existing improvements from the Property, except if and to the extent the type or condition of such materials preclude the recycling of the same in accordance with applicable laws. In addition, the Developer must make diligent efforts to carry out the demolition and removal activity in a manner that will preserve the ability to recycle the materials removed, and shall be required to create and preserve for Authority review documentation necessary to evidence the Developer’s compliance with this requirement. 2.3 Design and Construction of the Project. The Developer is responsible for obtaining and reviewing all information that the Developer believes is necessary or desirable to fulfill its obligations under this Agreement. Subject to obtaining the Developer Financing, the Developer agrees to construct the Project in accordance with this Agreement. The Schedule of Performance sets forth the Target Dates and Outside Dates for obtaining Developer Financing and Completion of Construction of the Project, and other deadline dates. The Developer, subject to the approval of the Authority, which approval shall not be unreasonably withheld, conditioned or delayed, shall have sole responsibility for the design, development and construction of the Funded Improvements, the Building, and the Project, including without limitation, design, construction, selection, and supervision of any architects, engineers, and consultants. For construction of the Project, the Developer agrees to select contractors that the Developer’s architect deems qualified by experience to construct a Project of this quality and caliber. Regardless of the costs incurred by the Developer for the Project, the Authority’s Reimbursement Obligation shall not exceed the Reimbursement Cap. 2.4 Renewable Energy and Sustainable Design. All Dwelling Units within the Revive Project shall utilize and incorporate a geothermal heating and cooling system, or equivalent energy technology with the goal of achieving a Net Zero capable community. The Authority, with consultation with City Utilities, shall be entitled to inspect and audit the Project and related documentation in order to enforce this provision. Upon the issuance of any Certificate of Occupancy for any portion of the Project that the Authority determines does not comply with this provision, the Authority shall be relieved of any further obligation to reimburse Developer for Eligible Costs hereunder. 2.5 Approval of the Construction Documents and Modifications to the Final Development Plan. The Developer shall prepare and obtain the approval of the City and the Authority, including, but not limited to, the City’s development review process and independent review by the Authority, of all construction documents related to construction of the Project and the Final Development Plan. Approval by the Authority shall not be unreasonably withheld, conditioned or delayed. 2.6 Construction of the Project. Subject to obtaining the Developer Financing, the Developer shall Commence Construction and Complete Construction of the Project in accordance with the Packet Pg. 82 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 7 City’s applicable standards and requirements. These activities will occur on or before the dates specified in the Schedule of Performance. All construction activities shall conform to all laws, codes, ordinances, and policies, including, but not limited to, those of the City. 2.7 Books and Accounts; Financial Statement. The Developer will keep, or cause to be kept, proper and current books and accounts in which complete and accurate entries shall be made of amounts paid out, and such other calculations, allocations and payments to construct the Project. 2.8 Inspection of Records. All books, records and reports in the possession of the Developer relating to the Project shall at all reasonable times and subject to twenty‐four (24) hours advance notice be open to inspection (at Authority expense) by such accountants or other agents as the Authority may from time to time designate. 2.9 Restrictions on Assignment and Transfer. Except as hereinafter permitted, prior to Completion of Construction of the Project the Developer shall not assign or transfer all or any part of or any interest in this Agreement or the Property without the prior written approval of the Authority, which approval shall not be unreasonably withheld, conditioned or delayed. For this Agreement (a) an assignment or transfer shall include a change of the parties in Control of the Developer, and (b) unreasonably withheld, conditioned or delayed shall mean failing to approve within ten business days without identifying legitimate concerns of the Authority related to, but not limited to, the generation of tax increment, the capacity of the assignee or transferee to construct planned improvements on the portion of the Project to be assigned or transferred, and the effect of the proposed assignment or transfer on the Completion of Construction, and the preservation and promotion of the Plan. The Developer shall, upon the Developer’s gaining of knowledge thereof, promptly notify the Authority of any and all changes in the identity of the parties in Control of the Developer, or the degree thereof. No voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. Approval of an assignment or transfer by the Authority shall not relieve the Developer of its obligations to Complete Construction of the entire Project, unless the Authority agrees in writing. The foregoing Restriction on Assignment and Transfer shall terminate upon Completion of Construction of the Project. Notwithstanding the foregoing, subject to receipt and approval of all relevant documents confirming such transfer or assignment, the Developer may: (i) assign this Agreement and transfer the Property to a Related Entity of the Developer; (ii) collaterally assign its right to receive reimbursement under this Agreement to any lender that provides all or any portion of the Developer Financing, provided that any document assigning the Developer’s right to receive reimbursement hereunder shall expressly provide that no reimbursement will be made by the Authority unless and until Completion of Construction of the entire Project by the Developer under the terms of this Agreement; and (iii) enter into a contract to sell all or a portion of the Project upon Completion of Construction of the entire Project, provided that no Packet Pg. 83 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 8 such sale may occur prior to Completion of Construction of the entire Project by the Developer without the Authority’s consent. Except when a permitted assignee expressly assumes such obligation, no permitted assignment of this Agreement or transfer of the Property shall relieve the Developer of its obligation to complete Construction of the entire Project under this Agreement. 2.10 Progress Reports. Until Completion of Construction of the Project the Developer shall make reports in such detail and at such times as the Authority may reasonably request as to Developer’s progress with respect to the Commencement of Construction, the progress of construction and the Completion of Construction as described in the Schedule of Performance. SECTION 3. AUTHORITY OBLIGATIONS 3.1 Reimbursement Obligation/Reimbursement Cap. The Authority agrees to reimburse the Developer for the Eligible Costs incurred and certified by the Developer, to the extent provided herein (the “Reimbursement Obligation”). If, as contemplated by the parties, the contingencies and requirements described in this Agreement are satisfied, the Authority will reimburse to the Developer One Hundred Percent (100%) of the Eligible Costs incurred, up to the total amount of One Million and Two Hundred and Seventy Thousand and Four Hundred and Fourteen Dollars ($1,270,414.00 (the “Reimbursement Cap”). 3.2 Conditions for Reimbursement. 3.2.1 The Reimbursement Obligation is contingent upon Completion by the Developer of the Funded Improvements in conformance with the requirements set forth in this Agreement. If this requirement is not met by the Outside Date specified in the Schedule of Performance attached hereto as Exhibit D, the Authority shall have no Reimbursement Obligation to the Developer and this Agreement shall be deemed null and void. 3.2.2 The Reimbursement Obligation is further contingent upon Completion of Construction by the Developer of Twenty‐Five Percent (25%) of the Dwelling Units comprising the Project, which shall be deemed, for the purposes of the Agreement, to mean obtaining Certificates of Occupancy for no fewer than twenty‐two (22) residential Dwelling Units within the Project. If this requirement is not met by the Outside Date specified in the Schedule of Performance attached hereto as Exhibit C, the Authority shall have no Reimbursement Obligation to the Developer and this Agreement shall be deemed null and void. 3.2.3 The Reimbursement Obligation and any payment required to be made hereunder is further contingent upon verification by the Authority that all of Developer’s representations and warranties, as set forth in Section 5.1, below, have been met Packet Pg. 84 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 9 and kept current. The Authority may delay payment of any Reimbursement Payment (as defined below) due, until the Developer provides reasonable evidence of full compliance with said representations and warranties, if requested by the Authority in its discretion. 3.2.4 The Reimbursement Obligation is limited to reimbursement for Eligible Costs for the specified Funded Improvements, as set forth in Exhibit B. The Developer shall provide documentation of the Eligible Costs using forms provided by the Authority. If this requirement is not met by the Outside Date specified in the Schedule of Performance attached hereto as Exhibit D, including lien waivers and releases for labor and materials provided for the Project for or related to the Funded Improvements, the Authority shall have no Reimbursement Obligation to the Developer and this Agreement shall be deemed null and void. After the Developer has submitted all required documentation of the Eligible Costs, the Authority shall, within no more than 45 business days, including such verification and review of costs by an appropriate expert as the Authority determines to be appropriate, notify the Developer of the Authority’s determination of eligibility, the costs determined to be Eligible Costs reimbursable, and the total of the Reimbursement Obligation. 3.3 Payment of Reimbursement. After the Developer has completed performance of the Conditions for Reimbursement as described in Section 3.2, and the Authority has determined the Reimbursement Obligation, the Authority shall pay to the Developer the Reimbursement Obligation, as follows: 3.3.1 No later than January 31st of each calendar year after the Conditions for Reimbursement have been met, the Authority shall pay to the Developer Seventy‐Two Percent (72%) of the property tax increment determined by the Authority to have been generated by the Project on the Property and paid during the preceding calendar year (the “reimbursement Payment”). The tax increment generated by the Project on the Property and paid in the preceding calendar year shall be calculated by subtracting the Pre‐Project Tax Base Amount from the total amount of property taxes paid in that year. For years subsequent to the earlier of the year of full completion of the Project, or 2018, the 2018 Pre‐Project Tax Base Amount shall be utilized to determine the tax increment amount for the purpose of this Subsection. 3.3.2 The total of all Reimbursement Payments shall not exceed the Reimbursement Cap. The Authority shall continue to annually pay to the Developer a Reimbursement Payment until the earlier of either: 1) the full payment of the Reimbursement Obligation up to the Reimbursement Cap; or 2) February 1, 2029. Upon the occurrence of either of these events, the Authority shall have no further obligation to the Developer for reimbursement hereunder. Packet Pg. 85 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 10 3.4 Authority Right to Pre‐Pay. The Authority reserves the right to pre‐pay any amount due hereunder without penalty, in its discretion. 3.5 Limitation. The Authority shall not enter into any agreement or transaction that impairs the rights of Developer under this Agreement, including, without limitation, the right to receive reimbursement for the Eligible Costs allocated to it under the procedures established in this Agreement; provided, however, nothing herein shall preclude the Authority from entering into other financial obligations, or other financial obligations regarding the Project, so long as the Authority in its reasonable discretion concludes its actions do not and will not in the future interfere with its obligations. 3.6 Subordination to Authority Bond Obligations. The obligations of the Authority hereunder are subordinate to any outstanding bond obligations of the Authority, including any bonds issued to refund or replace said obligations. SECTION 4. INSURANCE AND INDEMNIFICATION 4.1 Insurance. At all times after the date of this Agreement during which the Developer is engaged in preliminary work on the Property or adjacent streets and during the period from the Commencement of Construction until Completion of Construction of the Project, the Developer shall carry, or cause its general contractor to carry, and, upon request, will provide to the Authority certificates of insurance as follows: a. Builder’s risk insurance (with a deductible not to exceed $5,000) in an amount equal to 100% of the projected replacement value of the Improvements at the date of Completion of Construction; b. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) and umbrella liability insurance with a combined single limit for both bodily injury and property damage of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance may carry a deductible in an amount not to exceed $10,000 per claim for property damage and $5,000 per claim for employee benefits; and c. Worker’s compensation insurance, with statutory coverage, including the deductible permitted by statute. All such insurance policies shall be issued by responsible companies selected or approved by the Developer, subject to the reasonable Approval of the Authority and the City. Prior to Commencement of Construction, the Developer shall deliver to the Authority and the City policies or certificates evidencing or stating that such insurance is in force and effect. Each Packet Pg. 86 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 11 policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and to the Authority and the City at least 30 days before the date the cancellation or modification becomes effective and shall name the Authority and the City as additional insureds, specifying that the insurance shall be treated as primary insurance. 4.2 Indemnification. The Developer shall defend, indemnify, assume all responsibility for and hold the Authority, the Authority’s commissioners, the City, the City’s council members, and the officers and employees of the City and the Authority harmless (including, without limitation, for attorneys’ fees and costs) from all claims or suits for and damages to property and injuries to persons, including accidental death, that may be caused by acts or omissions of the Developer under this Agreement or in connection with the Project, whether such activities are undertaken by the Developer or anyone directly or indirectly employed by or under contract to the Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. SECTION 5. REPRESENTATIONS AND WARRANTIES 5.1 The Developer represents and warrants, as of the Effective Date, as follows, with a continuing obligation to notify the Authority of changes to the same through the completion of payment of the Reimbursement Obligation by the Authority: a. The Developer is a limited liability company under no disability that is qualified to do business in the State of Colorado, and has the legal capacity and the authority to enter into and perform its obligations under this Agreement. The Developer has duly authorized the execution, delivery and performance of this Agreement; b. The execution and delivery of this Agreement and such documents and the performance and observance of their terms, conditions and obligations have been duly and validly authorized by all necessary action to make this Agreement and such documents and such performance and observance are valid and binding upon the Developer; c. To the Developer’s current, actual knowledge, after reasonable inquiry, the execution and delivery of this Agreement and the documents required hereunder and the consummation of the transactions contemplated by this Agreement will not: i. conflict with or contravene any law, order, rule or regulation applicable to the Developer or to its governing documents, Packet Pg. 87 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 12 ii. result in the breach of any terms or provisions of, or constitute a default under, any agreement or other instrument to which the Developer is a party or by which the Developer may be bound or affected, or iii. permit any party to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of the Developer; d. To the Developer’s current, actual knowledge, after reasonable inquiry, there is no litigation, proceeding, initiative, referendum, or investigation or any threat of the same contesting the powers of the Authority, the City, the Developer with respect to this Agreement not disclosed in writing to the Authority; and e. The Developer has the legal ability to perform its obligations under this Agreement and has the financial ability, through borrowing or otherwise, to complete the Funded Improvements, the Building and the Project, subject to the terms and conditions of this Agreement. This Agreement constitutes a valid and binding obligation of the Developer, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors’ rights and by equitable principles, whether considered at law or in equity. 5.2 The Authority represents and warrants as follows: a. The Authority is an urban renewal authority duly organized and existing under applicable law and has the right, power, legal capacity, and the authority to enter into the Agreement and has authorized the execution, delivery and performance of this Agreement by proper action of its Board of Commissioners; b. To the Authority’s current, actual knowledge, after reasonable inquiry, the Authority knows of no litigation or threatened litigation, proceeding or investigation contesting the powers of the Authority or its officials with respect to the Project, this Agreement, or the Funded Improvements not disclosed to the Developer; c. To the Authority’s current, actual knowledge, after reasonable inquiry, the execution and delivery of this Agreement and the documents required hereunder and the consummation of the transactions contemplated by this Agreement will not: i. conflict with or contravene any law, order, rule or regulation applicable to the Authority or to its governing documents, Packet Pg. 88 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 13 ii. result in the breach of any terms or provisions of, or constitute a default under, any agreement or other instrument to which the Authority is a party or by which it may be bound or affected, or iii. permit any party to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of the Authority; and d. This Agreement constitutes a valid and binding obligation of the Authority, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors’ rights and by equitable principles, whether considered at law or in equity. The Authority will defend the validity of this Agreement in the event of any litigation arising hereunder that names the Authority as a party or which challenges the authority of the Authority to enter into or perform its obligations hereunder. SECTION 6. DEFAULT AND REMEDIES 6.1 Default by Developer. Default by Developer under the Agreement shall mean one or more of the following events: a. The Developer, in violation of Section 2.9 of this Agreement, assigns this Agreement or transfers any part of the Property, or any rights in the same; b. There is any change in Control of the Developer or in the identity of the parties in Control of the Developer that violates this Agreement; c. The Developer fails to provide approved construction documents as required by this Agreement; d. The Developer fails to Commence Construction within a reasonable period of time after: (i) approval of the Minor Amendment to Final Development Plan for single‐family portion of project, final construction drawings and issuance of permits by the City and (ii) funding of the Developer Financing; or the Developer fails to Commence Construction later than the Outside Deadline required by the Schedule of Performance; e. The Developer fails to complete its obligations by the Outside Deadlines in the Schedule of Performance; or f. The Developer fails to materially observe or perform any other covenant, obligation or agreement required of it under this Agreement. Packet Pg. 89 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 14 If any Default is not cured within the time allowed in Section 6.3 then the Authority may exercise any remedy available under this Agreement. 6.2 Default by the Authority under the Agreement shall mean one or more of the following events: a. The Authority fails to pay the Reimbursement Obligation in violation of this Agreement; or b. The Authority fails to materially observe or perform any covenant, obligation or agreement required of it under the Agreement. 6.3 Grace Periods. Upon a Default by either Party, that Party shall, upon written notice from the non‐defaulting Party, proceed diligently to cure or remedy the Default and shall have cured the Default within 30 days (60 days if the Default relates to the Outside Date for Completion of Construction) after receipt of such notice, or shall have commenced the cure and diligently pursued it to completion within a reasonable time if the cure cannot reasonably be accomplished within 30 days (or 60 days if the Default relates to the Outside Date for Completion of Construction). There shall be no grace period for the Submission of Documentation for Eligible Costs to URA by the Outside Date, as set forth on Exhibit D. 6.4 Remedies on Default. Whenever any Default occurs and is not cured under Section 6.3, the non‐defaulting Party may take any one or more of the following actions: a. Suspend performance under this Agreement until it receives assurances from the defaulting Party, deemed reasonably adequate by the non‐defaulting Party, that the defaulting Party will cure its default and continue its performance under this Agreement; b. Cancel and rescind the Agreement; or c. Take whatever legal or administrative action or institute such proceedings as may be necessary or desirable in its opinion to enforce observance or performance of this Agreement, including, without limitation, specific performance or to seek any other right or remedy at law or in equity, including damages. 6.5 Delays; Waivers. Any delay by either Party in instituting or prosecuting any actions or proceedings or otherwise asserting its rights under the Agreement shall not operate as a waiver of such rights or deprive it of or limit such rights. No waiver in fact made by a Party with respect to any specific default by the other Party under the Agreement shall be considered or treated as a waiver of the rights with respect to any other defaults by the other Party under the Packet Pg. 90 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 15 Agreement or with respect to the particular default except to the extent expressly waived in writing. The Parties intend this provision will enable each Party to avoid the risk of being limited in the exercise of a remedy provided in the Agreement by waiver, laches or otherwise in the exercise of such remedy at a time when it may still hope to resolve the problems created by the default involved. 6.6 Enforced Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure result from acts of God, fires, floods, strikes, labor disputes, accidents, regulations, order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, that are beyond the control of such Party. 6.7 Rights and Remedies Cumulative. The rights and remedies of the Parties to the Agreement are cumulative, and the exercise by either Party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for any other default or breach by any other Party. SECTION 7. MISCELLANEOUS 7.1 Conflicts of Interest. None of the following shall have any personal interest, direct or indirect, in the Agreement: A member of the governing body of the Authority or of the City; an employee of the Authority or of the City who exercises responsibility concerning the Project, or an individual or firm retained by the City or the Authority who has performed consulting services for the Project. None of the above persons or entities shall participate in any decision relating to the Agreement that affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 7.2 Antidiscrimination. The Developer, for itself and its successors and assigns, agrees that in the completion of the Funded Improvements, the Building and the Project provided for in the Agreement and in the use and occupancy of the Property, the Developer will not discriminate against any employee or applicant for employment otherwise qualified because of race, color, creed, religion, sex, sexual orientation, age, disability (subject to the availability of a reasonable accommodation of the disability), marital status, ancestry, or national origin. 7.3 Title of Sections. Any titles of the several parts and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting its provisions. 7.4 No Third‐Party Beneficiaries. No third‐party beneficiary rights are created in favor of any person not a party to the Agreement. The parties acknowledge that rights hereunder may be assigned or transferred pursuant to under an Authority‐approved full or partial assignment of this Agreement. Packet Pg. 91 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 16 7.5 Venue and Applicable Law. Any action arising out of the Agreement shall be brought in the Larimer County District Court and the laws of the State of Colorado shall govern the interpretation and enforcement of the Agreement, without giving effect to its conflicts of laws provisions. 7.6 Non‐liability of Officials, Agents and Employees. No council member, board member, commissioner, official, employee, consultant, attorney or agent of the Authority or the City shall be personally liable to the Developer under the Agreement or in the event of any default or breach by the City or Authority or for any amount that may become due to the Developer under the Agreement. No official, employee, consultant, attorney or agent of the Developer shall be personally liable to the Authority or the City under the Agreement or in the event of any default or breach by the Developer or for any amount that may become due to the Authority or the City under the Agreement. 7.7 Authority or City Not a Partner. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, neither the Authority nor the City shall be deemed or represented as a partner or joint venturer of the Developer or any contractor or subcontractor performing work on the Property or the Funded Improvements, the Building or the Project. Neither the Authority nor the City shall be responsible for any debt or liability of the Developer, or its managers or members, or such contractor or subcontractor. 7.8 Integrated Contract. This Agreement is an integrated contract and invalidation of any of its provisions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect unless the Parties otherwise agree to an amendment. 7.9 Counterparts. The Agreement may be executed in counterparts, each of which shall constitute one and the same instrument. 7.10 Notices. A notice, demand, or other communication under the Agreement by any party to the other shall be in writing and sufficiently given if delivered in person or if it is delivered by overnight courier service with guaranteed next‐day delivery or by certified mail, return receipt requested, postage prepaid, and: a. In the case of the Developer, is addressed to or delivered to the Developer, as follows: Revive Properties, LLC Attn: Mr. Chad Adams REVIVE PROPERTIES LLC PO BOX 720 Ogallala, NE 69153 Packet Pg. 92 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 17 b. In the case of the Authority, is addressed to or delivered to the Authority as follows: Executive Director Fort Collins Urban Renewal Authority 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 And City Attorney City of Fort Collins 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 or at such other substituted address as the affected party may, from time to time, designate in writing and forward to the other as provided in this Section. Notice provided by in‐person delivery or by overnight courier shall be considered delivered as of the verified date of delivery. Notice provided by regular U.S. Mail shall be considered delivered three (3) days after the date of deposit with the U.S. Postal Service. 7.11 Good Faith of Parties. In performance of the Agreement or in considering any requested extension of time or in giving any approval, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously or unreasonably withhold, condition or delay any approval required by the Agreement. 7.12 Exhibits Merged. All Exhibits attached to the Agreement are expressly integrated herein. 7.13 Days. If the day for any performance or event provided for herein is a Saturday, Sunday or other day on which either national banks or the office of the Clerk and Recorder of Larimer County, Colorado, is not open for the regular transaction of business, the day for performance shall be deemed to be the next day on which the banks or Clerk and Recorder are open for the transaction of business. 7.14 Further Assurances. Each Party agrees to execute such documents and take such action as shall be reasonably requested by the other Party to confirm, clarify or effectuate this Agreement. Packet Pg. 93 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 18 7.15 Certifications. Each Party agrees to execute such documents as the other Party may reasonably request to verify or confirm the status of this Agreement and of the performance of the obligations hereunder and such other matters as the requesting Party may reasonably request. 7.16 Amendments. This Agreement shall not be amended except by written instrument. Each amendment, which shall be in writing and signed and delivered by the Parties, shall be effective to amend the provisions hereof. 7.17 Survival of Representations, Warranties and Covenants. No representations or warranties whatever are made by any Party except as expressly set forth in this Agreement. The representations, warranties and indemnities made by the Parties and the covenants and agreements to be performed or complied with by the respective Parties shall be deemed to be continuing. Nothing in this Section shall affect the obligations and indemnities of the Parties with respect to covenants and agreements in this Agreement that are permitted or required to be performed in whole or in part after issuance of a Certificate of Occupancy. 7.18 Minor Changes. This Agreement has been approved in substantially the form submitted to the governing bodies of the Parties. The officers executing the Agreement have been authorized to make, and may have made, minor changes in the Agreement and the attached Exhibits as they have considered necessary. So long as such changes followed the intent and understanding of the Parties at the time of Approval by the governing bodies, the execution of the Agreement shall constitute conclusive evidence of the approval of such changes by the respective Parties. 7.19 Joint Draft. The parties agree they drafted this Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. 7.20 Annual Appropriation of Authority Funds. The financial obligations of the Authority as set forth in the Redevelopment Agreement are subject to, and conditioned upon, the appropriation of funds sufficient and intended to support said financial obligations. IN WITNESS WHEREOF, the Authority and the Developer have caused the Agreement to be duly executed as of the day first above written. DEVELOPER: REVIVE PROPERTIES, LLC, A Colorado limited liability company By: ______________________________________ Name: _____________________________________ Title: _______________________________________ Packet Pg. 94 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Page 19 AUTHORITY: THE FORT COLLINS URBAN RENEWAL AUTHORITY By:_____________________________________________ Darin Atteberry, Executive Director ATTESTED: APPROVED AS TO FORM: By: __________________________ By: ____________________________ City Clerk Authority Legal Counsel Packet Pg. 95 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) SITE  PLAN 8-­‐  Townhomes 8-­‐  SFH  w/ Carriage House 10-­‐Townhomes 10  SFH  w/  Carriage House 12  Townhomes 7  Townhomes 5  Live  Work 8  Live  Work MU  3-­‐3B EXHIBIT A to Agreement Packet Pg. 96 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) Exhibit B – Eligible Costs Revive Properties Eligible Cost Amount Willox Street Public Improvements Signage & Striping $ 8,588 Subtotal $ 8,588 Mason Street Improvements Dirt $ 1,639 Concrete $ 12,645 Asphalt $ 21,522 Subtotal $ 35,806 Landscape & Irrigation Detention Pond 2" Water Tap $ 137,325 Willox ROW $ 36,405 Mason ROW $ 13,604 Public park/Detention Pond $ 235,727 Community Gardens $ 20,000 Site Amentities $ 9,600 Monumentation $ 20,000 Maintenance and Warranty $ 28,960 Subtotal $ 501,621 Sustainable Strategies Geothermal System* $ 500,295 Permeable Pavers $ 84,204 Solar Street Lighting $ 113,524 Onsite Recycling Management $ 11,376 LEED Consulting $ 15,000 Subtotal $ 724,398 Total $ 1,270,414 * Geothermal System includes the independent loop fields, supply/ return stub‐outs for each loop field, associated piping and other equipment, and labor. EXHIBIT B to Agreement Packet Pg. 97 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) EXHIBIT C to Agreement Packet Pg. 98 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) EXHIBIT D SCHEDULE OF PERFORMANCE Action Responsible Party Target Date Outside Date Final Plan Amendment Approval Developer 5/31/2014 7/31/2014 Deliver Proof of Insurance Developer 5/31/2014 7/30/2014 Commence Construction of Funded Improvements Developer 7/30/2014 12/31/2014 Complete Construction of Funded Improvements Developer 12/31/2014 6/31/2015 Complete Construction of Funded Improvements (Geothermal and Advanced Energy Technologies associated with Live- Work Units and Mixed Use Building) Developer 6/31/2015 6/31/2018 Commence Construction of Dwelling Units Developer 9/30/2014 12/31/2014 Complete Construction of 25% of Dwelling Units Developer 6/30/2015 12/31/2015 Submit Documentation for Funded Improvements to URA Developer 6/30/2015 12/31/2015 EXHIBIT D to Agreement Packet Pg. 99 Attachment1: Exhibit A (URA-Revive Properties Redevelopment Agreement - RESO) City 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 March 4, 2014 Proclamations and Presentations 5:30 p.m. None. 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  CITIZEN PARTICIPATION FOLLOW-UP ****THE REGULAR MEETING WILL BE ADJOURNED AT THIS TIME TO HOLD THE URBAN RENEWAL AUTHORITY MEETING.**** 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 from the January 28, 2014 Adjourned Council Meeting and the February 4 and 18, 2014 Regular Council Meetings. The purpose of this item is to consider and approve minutes from the January 28, 2014 Adjourned Council Meeting and the February 4 and 18, 2014 Regular Council Meetings. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the Water Fund to Fund the Replacement of the College Avenue Waterline From Mulberry Street to Buckeye Street. This Ordinance, unanimously adopted on First Reading on February 18, 2014, appropriates funds for the replacement of the College Avenue waterline from Mulberry to Buckeye Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of this project. Design and cost estimating have been completed. This Ordinance appropriates $2.1 million from reserves for the construction of this project. 3. Second Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to Executive Sessions Held for the Purpose of Meeting with Attorneys for the City. This Ordinance, unanimously adopted on First Reading on February 18, 2014, amends subsection 2- 31(a) of the City Code, which pertains to executive sessions held for the purpose of meeting with attorneys for the City. The purpose of the amendment is to more closely conform to the language in Article II, Section 11 of the City Charter. 4. First Reading of Ordinance No. 029, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to appropriate sub-grant funds from the Poudre Valley Health System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO) for the Vida Sana program to eliminate racial and ethnic disparities among Latino/Hispanic community members. Specific interventions include increasing access to facilities providing physical activity; providing social support to increase physical activity; and implementing a communitywide campaign for increasing physical activity that will be carried out by partner agencies. 5. Items relating to FC Bikes Program. A. First Reading of Ordinance No. 030, 2014, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the 2014 Fort Collins Bikes Program. B. First Reading of Ordinance No. 031, 2014, Appropriating Unanticipated Grant Revenue From Kaiser Permanente in the Transportation Services Fund for the 2014 Fort Collins Bikes Program. The purpose of this item is to request appropriation of unbudgeted grant funds received for the FC Bikes Program: (1) a Congestion Mitigation & Air Quality (CMAQ) grant (2014-2016) and (2) a Kaiser Foundation Health Plan of Colorado (KP) grant (2014). The City of Fort Collins’ FC Bikes Program received a $704,128 federal grant (CMAQ) through the Colorado Department of Transportation and the North Front Range Metropolitan Planning Organization. This is in addition to the City’s local match of $146,372, as appropriated in 2013 by City Council. In addition, the FC Bikes Program received a $94,100 private grant from Kaiser Permanente (KP) through a Walk & Wheel - Local Government grant. A local match is not required for the KP grant. Funding from both grants will support FC Bikes Program initiatives, allowing for the refinement and expansion of existing services, including enhancements to bicycle safety education programs, expansion of encouragement campaigns, and new bicycle promotion initiatives, while also supporting the development and implementation of the 2014 Fort Collins Bicycle Master Plan. 6. First Reading of Ordinance No. 032, 2014, Appropriating Unanticipated Grant Revenue in the Wastewater Fund and Authorizing the Transfer of Existing Appropriations from the Drake Water Reclamation Facility Improvements Capital Project for the Drake Water Reclamation Facility's Nutrient Grant Project for South Process Train Improvements. The purpose of this item is to appropriate grant funding in the amount of $1,080,000 in the Wastewater Fund. The grant funds will be used for the planning, design, and construction of a portion of the Nutrient Removal Improvements required for the Drake Water Reclamation Facilities’ South Process Train. City of Fort Collins Page 4 7. First Reading of Ordinance No. 033, 2014, Establishing Rental Rates and Delivery Charges for the City's Raw Water for the 2014 Irrigation Season. The purpose of this item is to set rates for the rental and delivery of the City's raw water supplies. The Water Utility uses these rates to assess charges for agricultural use, for various contractual raw water obligations and for raw water deliveries to other City departments. The proposed rate for each type of water is based on several factors including market conditions and assessments charged by irrigation companies. 8. First Reading of Ordinance No. 034, 2014, Amending Sections 3.8.31 and 5.1.2 of the Land Use Code Pertaining to Hoop Houses. The purpose of this item is to amend the Land Use Code to exempt hoop houses from the Building Code requirements and add hoop houses to the list of accessory structures allowed in the Code, and require urban agriculture licensees to locate hoop houses on their site plans. In July 2013, Council also directed staff to consider standards for the raising of farm animals. Based on public outreach and staff research, staff found that the concerns raised regarding farm animals could be addressed with existing regulations and were limited to two neighborhoods within the City. In addition, numerous citizens expressed strong concerns about regulating their food production ability within the zone districts that currently allow farm animals. Thus, staff is not proposing amendments to the City’s regulations regarding farm animals. Instead of developing regulations that could affect all residents within these districts (approximately 1,700 homes), staff is working with the concerned neighborhoods directly to resolve specific concerns. 9. Hearing and First Reading of Ordinance No. 035, 2014 Amending Chapter 9 of the City Code and Adopting by Reference the 2012 International Fire Code, with Amendments. The purpose of this item is to update the International Fire Code (IFC). Poudre Fire Authority is responsible for the enforcement and administration of the International Fire Code within the City of Fort Collins. Every three years, the IFC is updated by the International Code Council (ICC) with the most recent update published in 2012. Poudre Fire Authority routinely reviews new codes, proposes local amendments and then seeks adoption of the Code changes by City Council. The proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several changes to the local Code. Changes include regulations related to the placement of solar panels on residential roofs, additional clarification and requirements for emergency responder radio coverage in large buildings, minimal maintenance provisions for roof top gardens and provisions to protect firefighters from roof top hazards such as cables and wires. 10. First Reading Ordinance No. 036, 2014 Authorizing the Conveyance of Parcels of Real Property on North College Avenue to the Colorado Department of Transportation. The purpose of this Ordinance is to obtain authorization from City Council to convey parcels acquired on North College Avenue for road improvements to the Colorado Department of Transportation. The City constructed the North College Avenue Improvements Project - Vine to Conifer in 2012. As required for all projects involving a Colorado Department of Transportation (“CDOT”) facility, and per the intergovernmental agreement between the City and CDOT, any acquired property for road right of way purposes is required to be subsequently conveyed to CDOT. This Ordinance will authorize City staff to convey these acquired parcels to CDOT. 11. Items Relating to the Implementation of Phase Four of the Southwest Enclave Annexation. A. Resolution 2014-018 Amending the City’s Structure Plan. B. Hearing and First Reading of Ordinance No. 037, 2014 Amending The Zoning Map Of The City Of Fort Collins And Classifying For Zoning Purposes the Property Included In Phase Four Of The Southwest Enclave Annexation To The City Of Fort Collins, Colorado City of Fort Collins Page 5 The purpose of this item is to implement Phase Four of the Southwest Enclave Annexation, the last phase within this enclave and consisting of a p p r o x i m a t e l y 400acres. This is a request to amend the City Structure Plan map, apply appropriate zoning districts, and place Phase Four within the Residential Sign District. The City Structure Plan map will be amended to finalize the Growth Management Area boundary for the Wildflower expansion area. The requested zone districts for Phase F o u r are Urban Estate (U-E), Rural Lands (R-U-L), and Public Open Lands (P-O-L). 12. Resolution 2014-019 Ratifying the Appointment of Amanda Manges Quijano to the Poudre River Library District Board of Trustees. The purpose of this item is to appoint Amanda Manges Quijano to the Poudre River Library District Board of Directors to fill a vacancy that currently exists due to a term expiration for Robin Gard. 13. Resolution 2014-021 Directing the Mayor to Submit a Letter to Colorado's United States Senators and to Congressmen Jared Polis and Cory Gardner, Seeking Support for Funding for I-25 Phase I Improvements. The purpose of this item is for City Council to consider approval of a letter to be submitted to the City's U.S. Congressional Delegation and to U.S. Representative Cory Gardner, seeking their support to fund Interstate 25 improvements in the 2014 reauthorization of the federal transportation bill. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 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. 14. Second Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan. (staff: Paul Sizemore, Cameron Gloss; 5 minute staff presentation; 15 minute discussion) This Ordinance, unanimously adopted on First Reading on February 18, 2014, appropriates $170,000 of KFCG Other Transportation Reserve funds for consulting services associated with the Transportation Element of the West Central Neighborhoods Plan. An update of the plan is scheduled for 2014. The requested funding enhances the overall planning effort by including an analysis of the neighborhood transportation network, consideration of growth on and around the Colorado State University campus, recommendations and strategies, and detailed corridor vision and design for Prospect Road between College Avenue and Shields Street. 15. Second Reading of Ordinance No. 027, 2014, Approving Revisions to the Fort Collins Utilities' Electric Construction Policies, Practices, and Procedures. (staff: Steve Catanach; no staff presentation; 5 minute discussion) Ordinance No. 027, 2014, adopted on First Reading on February 18, 2014 by a vote of 6-0 (Campana recused) adopts the revised Electric Construction Policies, Practices, and Procedures (ECPPP). The ECPPP provides definition to developers and contractors related to the construction of electrical facilities. 16. Second Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the Application of Wastewater Rates to Certain Residential Services. (staff: Jon Haukaas; no staff presentation; 5 minute discussion) This Ordinance, adopted on First Reading on February 18, 2014 by a vote of 6-0 (Campana recused), revises the City Code concerning the classification of wastewater users and revises rates for wastewater service charges during the period of construction. 17. Items Relating to Recreational Marijuana. (staff: Ginny Sawyer; 10 minute staff presentation; 90 minute discussion) A. First Reading of Ordinance No. 038, 2014, Establishing Regulations for the Consumption and Possession of Marijuana Within the City of Fort Collins and Prohibiting the Transfer or Display of Marijuana on City-Owned Property. B. First Reading of Ordinance No. 039, 2014, Establishing Regulations for the Cultivation of Marijuana. City of Fort Collins Page 7 C. Possible Action Items Related to the Licensing of Retail Marijuana Establishments: OPTION A: First Reading of Ordinance No. 040, 2014, Extending the Temporary Ban on Marijuana Establishments within the City of Fort Collins. OR OPTION B: First Reading of Ordinance No. 041, 2014, Adding a New Article XVII to Chapter 15 of the City Code to Govern the Licensing, Number, Location and Operation of Retail Marijuana Establishments. AND First Reading of Ordinance No. 042, 2014, Making Amendments to the City of Fort Collins Land Use Code in Order to Accommodate Retail Marijuana Establishments in the City. The purpose of this item is to regulate the personal use and growing of marijuana as allowed under Amendment 64 and to either extend the ban on retail marijuana establishments or to adopt regulations for such businesses. At the February 11, 2014 Work Session, Council requested the following options be brought forward:  Proceed with the local ordinances addressing the personal use and growing of recreational marijuana.  Extend the temporary ban for 2 years; or  Enact regulations governing retail marijuana establishments with options to either allow or prohibit edibles with the exception of tinctures and oils. A temporary ban on retail marijuana establishments went into effect in September 2013 and is scheduled to expire on March 31, 2014. If the ordinance extending the temporary ban is adopted on Second Reading, the ban will be extended until March 31, 2016. If the ordinance allowing retail establishments is adopted on Second Reading, it would take effect prior to the expiration of the existing temporary ban. 18. Resolution 2014-020 Making an Appointment to the Fort Collins Housing Authority Board of Commissioners. (staff: Wanda Nelson no staff presentation; 10 minute discussion) The purpose of this item is to appoint a Councilmember to the Fort Collins Housing Authority to fill the remainder of Councilmember Lisa Poppaw's term expiring on May 1, 2017.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes from the January 28, 2014 Adjourned Council Meeting and the February 4 and 18, 2014 Regular Council Meetings. EXECUTIVE SUMMARY The purpose of this item is to consider and approve minutes from the January 28, 2014 Adjourned Council Meeting and the February 4 and 18, 2014 Regular Council Meetings. ATTACHMENTS 1. January 28, 2014 (PDF) 2. February 4, 2014 (PDF) 3. February 18, 2014 (PDF) Packet Pg. 8 January 28, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, January 28, 2014, 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. Other Business Mayor Pro Tem Horak and Council directed the City Manager to examine possible ways to reduce the number of billboards in Fort Collins. Councilmember Troxell reported on the Futures Committee meeting regarding citizen engagement, expertise and input structures. He suggested engaging the City’s boards and commissions in a discussion regarding alignment with the City’s outcome areas and dashboard. He announced a meeting February 24 th regarding the topic and the budgeting for outcomes process. Councilmember Troxell requested Council support to direct the City Manager to begin a planning process to understand CSU’s proposed 2020 plan and the infrastructure requirements related to the proposed on-campus stadium. Councilmember Cunniff stated he understands Councilmember Troxell’s intent is to create a portfolio of potential impacts and responses, not make a commitment to completing those responses. Councilmember Troxell suggested the planning should be addressed similarly to a subarea plan and should address the City’s best interests. Councilmember Cunniff replied he would be supportive of such a process. City Manager Atteberry noted the 2014 adopted budget contains a West Central Neighborhood Plan and staff is suggesting work on that Plan, including the transportation aspect of the Plan, which was not budgeted. He stated staff is proposing the use of Keep Fort Collins Great funds in order to include the transportation element and noted the scope of the Plan will need to be expanded and potentially expedited, based on Councilmember Troxell’s suggestions and the stadium timeline. Councilmember Troxell stated he would not support expediting anything unless there is some engagement from the University to work with the City in a meaningful way. Councilmember Campana stated the neighborhood study has been delayed, due to the fact it would change dramatically depending upon whether or not the stadium was constructed. Mayor Weitkunat noted the question of the City’s participation has not been clearly defined. Packet Pg. 9 Attachment1.1: January 28, 2014 (Minutes) January 28, 2014 33 City Manager Atteberry suggested commencement of the Plan with the assumption the stadium will be built once the University makes the decision in the coming months. If the decision is not made, he suggested the Plan include scenario planning both with and without the stadium. Councilmember Campana agreed with City Manager Atteberry’s suggestions. Councilmember Cunniff noted the impacts should be studied without enabling anything. Mayor Pro Tem Horak stated the effects of CSU on the community need to be examined in a more systematic way and plans need to be made based on the increased enrollment at the University. City Manager Atteberry concurred with Mayor Pro Tem Horak. Councilmember Troxell agreed but noted transportation changes the City has made with regard to the existing Hughes Stadium and stated the City needs to consider the impacts of the potential stadium. City Manager Atteberry noted Dr. Tony Frank has stated he plans to exceed the City’s development requirements and process regarding outreach. Council will be receiving information regarding comparable cities with on-campus stadiums. Councilmember Overbeck stated those communities should be those which have had concerned neighborhood groups. City Manager Atteberry replied that is the intention. Adjournment At the conclusion of the executive session, the meeting adjourned at 6:28 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 10 Attachment1.1: January 28, 2014 (Minutes) February 4, 2014 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, February 4, 2014, 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 stated there were no changes to the published agenda. Citizen Participation Marge Griffin, 3245 Honeysuckle Court, stated she has never received an offer from anyone to purchase her property, which she stated is proposed to be condemned by the Boxelder Stormwater Authority. Mel Hilgenberg, 172 North College, announced community events and opposed Council visits to other municipalities with on-campus stadiums. He stated the City should hold community meetings regarding the stadium and opposed tax payer funding of the project. He provided a positive update on the recovery of Jack Daniels. Eric Sutherland, 3520 Golden Currant, opposed the Boxelder Stormwater Authority and stated City staff has presented misinformation to Council. He opposed the use of tax increment financing in Timnath. Linda Vrooman, Fort Collins resident, questioned the locations chosen for on-campus stadium site visits. She requested that the City and CSU engage in a meaningful community dialogue regarding the impacts of the proposed stadium on the safety, culture, and priorities of Fort Collins. Stacy Lynne, 305 West Magnolia, discussed lawsuits she has filed and claimed fraud in Larimer County courts. Doug Brobst, 1625 Independence Road, opposed the process regarding the on-campus stadium and requested an estimate regarding the cost of the necessary City infrastructure changes and an independent environmental impact study regarding the project. John Prouty, 725 Sandpiper, discussed the Willow Street improvements and presented a letter from affected property owners requesting the City commit funds for the construction of the improvements. Citizen Participation Follow-up Councilmember Cunniff requested a prioritized list of street improvements. He requested Council support for obtaining an environmental impact study and cost estimates regarding the stadium. Councilmember Troxell reiterated his suggestion for the creation of a subarea plan related to the stadium area. He stated the community visits are designed to research transportation systems and neighborhood concerns. Packet Pg. 11 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 35 Councilmember Overbeck supported the request of Councilmember Cunniff and supported conference calls as opposed to community visits. He asked why the University of Minnesota was not included on the list. Mayor Pro Tem Horak replied the University of Minnesota is in a much larger city than Fort Collins and noted the research is necessary to determine impacts and the facilitation of those impacts, as well as to calculate costs. He also noted Council is not the authority making the decision regarding the stadium. Councilmember Cunniff agreed with Councilmember Overbeck’s suggestion regarding conference calls. City Manager Atteberry indicated the three issues facing Council and the City are the future of the proposed on- campus stadium, the possibility of 5,000-10,000 more students at CSU, and the West Central Subarea Plan. He recommended Councilmembers participate in the site visits in order to discuss the issues with affected citizens. He discussed the reasons for selecting the proposed sites and stated conference calls are an option if Council prefers that option. Councilmember Campana noted the importance of CSU in the community and stated the City needs to enable its growth. He supported the idea of site visits to other on-campus stadium communities. Mayor Pro Tem Horak discussed his experience with Dr. Frank and members of his administration. Mayor Weitkunat stated the fact that CSU and the City are having communications is positive. CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the January 7, 2014 Regular Council Meeting and the January 14, 2014 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the January 7, 2014 Regular Council Meeting and the January 14, 2014 Adjourned Council Meeting. 2. Second Reading of Ordinance No. 010, 2014, Appropriating Unanticipated Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the Intersection of College and Mountain Avenues. This Ordinance, unanimously adopted on First Reading on January 21, 2014, appropriates unanticipated revenues in the amount of $19,839, received in excess of previously appropriated funds, for the Avery Building Restoration project. 3. Second Reading of Ordinance No. 011, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. This Ordinance, unanimously adopted on First Reading on January 21, 2014, appropriates grant funds in the amount of $32,000 received from the Eighth Judicial District Victim Assistance and Law Enforcement Board to help fund services provided by the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. Packet Pg. 12 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 36 4. Items Relating to Bobcat Ridge Natural Area. A. Second Reading of Ordinance No. 012, 2014, Authorizing the City Manager to Enter into a Grant Contract with History Colorado, the Colorado Historical Society for Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area. B. Second Reading of Ordinance No. 013, 2014, Appropriating Unanticipated Revenue in the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area. These Ordinances, unanimously adopted on First Reading on January 21, 2014, approve a grant contract with History Colorado and appropriate unanticipated revenue in the Natural Areas Fund for historic building restoration. The State of Colorado awarded the City a grant of $141,877 from the State Historical Fund to fund 71% of the estimated cost of $199,827 to restore two historic structures at Bobcat Ridge Natural Area: the Poultry Shed and the Equipment Shed. The City also received a $43,000 grant from the Pulliam Charitable Trust to provide most of the 29% in funds necessary to match the State funding. Natural Areas fund monies will be used to fund the remaining $14,950 necessary for the project. Information requested at First Reading regarding the use of Natural Areas Funds for historic preservation has been provided. 5. Second Reading of Ordinance No. 014, 2014, Waiving Certain Fees for Fort Collins Housing Authority's Redtail Ponds Permanent Supportive Housing Project and Appropriating General Fund Reserves to Pay Specified Fees. This Ordinance, unanimously adopted on First Reading on January 21, 2014, authorizes certain development and capital improvement expansion fee waivers to be provided to the Fort Collins Housing Authority (FCHA) for the Redtail Ponds permanent supportive housing project. In March 2013, City Council limited the types of projects for which the FCHA could request fee waivers and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for persons whose income falls at or below 30% of the adjusted median income of all City residents. FCHA is requesting fee waivers in the amount of $274,199 for this housing project. This is a permissible type of project for a fee waiver request. Changes to the Ordinance on Second Reading are to fix an error in Section 3 that referred to the funds being appropriated rather than the fees being waived, and to clarify that the appropriated funds are to replace the waived Capital Improvement Expansion Fees. Additional information about the ownership structure of Redtail Ponds was requested at First Reading and has been provided. 6. Second Reading of Ordinance No. 016, 2014, Authorizing the Conveyance of a Temporary Construction Easement and Right-of-Way on Long View Farm Open Space to the Colorado Department of Transportation. This Ordinance, unanimously adopted on First Reading on January 21, 2014, conveys a right-of-way and temporary construction easement to the Colorado Department of Transportation. The Colorado Department of Transportation has requested to acquire in fee approximately 0.07 acres of right-of-way along with a temporary construction easement on Long View Farm Open Space, as part of the Hwy 392/US 287 Intersection project. The easement and right-of-way acquisition is needed to replace an existing stormwater Packet Pg. 13 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 37 pipe with a large box culvert. The project will impact a small section of a low value wetland on the property that will be mitigated through the Natural Areas wetland mitigation fund. On January 23, 2014, the Larimer County Open Lands Advisory Board voted unanimously to approve this easement. At its December 11, 2013, regular meeting the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the ordinance. 7. Second Reading of Ordinance No. 017, 2014, Amending Chapter 26, Section 26-712, of the City Code Relating to Utility Manual Meter Reading Charges. This Ordinance, unanimously adopted on First Reading on January 21, 2014, amends City Code concerning monthly billing charges for a site visit to obtain metering data for water and/or electric service consumption for monthly billing of utility services. The existing descriptor in the table of utility bill and account charges in Section 26-712 of City Code mistakenly references mechanical electric meters which have not been purchased by Light & Power since 2009. The use of this descriptor has created unnecessary confusion about the intent of this provision. The recommended change is to provide greater clarity. 8. Items Relating to the Adoption of the 2012 International Codes. A. Second Reading of Ordinance No. 018, 2014, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Repealing the 2009 International Building Code (IBC) and Adopting the 2012 International Building Code, with Amendments. B. Second Reading of Ordinance No. 019, 2014, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Repealing the 2009 International Energy Conservation Code (IECC) and Adopting the 2012 International Energy Conservation Code, with Amendments. C. Second Reading of Ordinance No. 020, 2014, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Repealing the 2009 International Residential Code (IRC) and Adopting the 2012 International Residential Code, with Amendments. D. Second Reading of Ordinance No. 021, 2014, Amending Chapter 5, Article IV of the City Code for the Purpose of Repealing the 2009 International Mechanical Code (IMC), and adopting the 2012 International Mechanical Code, with Amendments. E. Second Reading of Ordinance No. 022, 2014, Amending Chapter 5, Article IV of the City Code for the Purpose Repealing the 2009 International Fuel Gas Code (IFGC), and Adopting the 2012 International Fuel Gas Code, with Amendments. These Ordinances, unanimously adopted on First Reading on January 21, 2014, adopt the 2012 International Codes (I-Codes). The 2012 I-Codes represent the most up-to-date construction standards establishing minimum requirements to safeguard the public health, safety, and general welfare from hazards attributed to the built environment within the City of Fort Collins. Packet Pg. 14 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 38 Ordinance Nos. 018, 2014 (IBC) and 019, 2014 (IECC) have been amended to include a reference the International Green Construction Code among the referenced standards listed. Ordinance No. 020, 2014, International Residential Code, has been revised on Second Reading to correct Code section numbering of Item numbers (64) and (65) that were incorrectly labeled (see page 21 of Ordinance). Section R313.2 (page 14 of the Ordinance) has been revised to delete single-family dwellings from the fire-sprinkler requirement, which were not intended to be sprinkled. 9. First Reading of Ordinance No. 023, 2014 Vacating a Portion of the Fossil Boulevard Right-of-Way as Dedicated on the Plat of Redtail. The purpose of this item is to vacate a portion of the Fossil Boulevard right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location will be the future site of the Redtail Ponds Permanent Supportive Housing project (Redtail Second Filing) which was approved at the Planning and Zoning Board Public Hearing on November 21, 2013. 10. Resolution 2014-010 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2013 from the Poudre Valley Fire Protection District (the “District”) in accordance with state law. The properties will continue to receive fire protection services from the Poudre Fire Authority. ***END CONSENT*** Mayor Pro Tem Horak withdrew Item No. 7, Second Reading of Ordinance No. 017, 2014, Amending Chapter 26, Section 26-712, of the City Code Relating to Utility Manual Meter Reading Charges, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt all items not withdrawn from the Consent Calendar. Yeas: Poppaw, Horak, Weitkunat, Troxell, Campana, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Staff Reports City Attorney Roy provided an update on the lawsuit filed by the Colorado Oil and Gas Association against the City challenging the validity of ballot measure 2A, which imposed a five year moratorium on hydraulic fracturing and the storage of its waste in the City. He stated the Court has issued a case management order. Packet Pg. 15 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 39 Councilmember Reports Mayor Pro Tem Horak reported on Chief Hutto’s public meeting regarding body-worn cameras. He also reported on the unsheltered population point in time count completed by Homeward 2020. Councilmember Troxell reported on the Legislative Review Committee meeting. Councilmember Campana reported on the Let’s Move campaign and stated the City is currently undergoing the registration process. Mayor Weitkunat reported on the Presidential Task Force and stated she is a co-chair of the Disaster Recovery and Resilience subgroup. Ordinance No. 017, 2014, Amending Chapter 26, Section 26-712, of the City Code Relating to Utility Manual Meter Reading Charges, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 21, 2014, amends City Code concerning monthly billing charges for a site visit to obtain metering data for water and/or electric service consumption for monthly billing of utility services. The existing descriptor in the table of utility bill and account charges in Section 26-712 of City Code mistakenly references mechanical electric meters which have not been purchased by Light & Power since 2009. The use of this descriptor has created unnecessary confusion about the intent of this provision. The recommended change is to provide greater clarity.” Eric Sutherland, 3520 Golden Currant, stated bad decisions are made when inaccurate information is presented. He suggested better options than Smart Meters could have been put in place to achieve the City’s goals. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 017, 2014, on Second Reading. Councilmember Troxell noted this item allows for manual meter reading. The vote on the motion was as follows: Yeas: Poppaw, Horak, Weitkunat, Troxell, Campana, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Packet Pg. 16 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 40 Ordinance No. 015, 2014, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary for the Construction of the West Vine Basin Outfall Project, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading by a vote of 6-0 (Campana recused) authorizes the use of eminent domain to acquire property interests for the West Vine Basin Outfall project. In assembling property interests for the West Vine Basin Outfall Project, the City has encountered two properties with complicated lending situations. Due to the degree of complication and the properties’ keystone importance, staff proposes the use of eminent domain as the most cost effective and efficient approach to complete the City’s desired acquisition of 12.841 acres if all the necessary lender consents cannot be obtained in a timely way. The City has been working with the landowners and they are agreeable to this approach.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 015, 2014, on Second Reading. Councilmember Cunniff stated this is an unusual situation in that the property owners are willing recipients of potential eminent domain action. He asked who would be negatively impacted by the use of eminent domain in this case. Helen Matson, Real Estate Services, replied the banks would need to declare their interest in court. Tawyna Ernst, Real Estate specialist, stated this is a last resort action and the intent is to move forward without eminent domain; this action would occur if the last bank is unwilling to sign off on approvals. Councilmember Overbeck requested information regarding the reference to eminent domain as being a convenience and timely. Matt Fater, Project Manager, replied the concern is related to a construction deadline due to irrigation season and spring runoff. Mayor Pro Tem Horak noted this item does not mean eminent domain will necessarily occur. Councilmember Cunniff stated he would not support the motion despite the fact this is a usual proceeding. Mayor Pro Tem Horak stated this action could be used to get the one remaining lender to respond. The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Poppaw and Horak. Nays: Cunniff and Overbeck. THE MOTION CARRIED. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Packet Pg. 17 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 41 Consideration of the Appeal of the Administrative Hearing Officer Decision to Approve the Stoner Subdivision Major Amendment, Administrative Hearing Officer Decision Overturned The following is the staff memorandum for this item. “EXECUTIVE SUMMARY On December 31, 2013 an appeal was filed concerning the Administrative Hearing Officer's decision regarding a proposed Major Amendment to the building elevations and building footprint for Lot 2 of the Stoner Subdivision, 1017 West Magnolia Street. The Appeal asserts that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land use Code, specifically: 1. Article 3, Section 3.5.1 - Building and Project Compatibility 2. Article 4, Neighborhood Conservation, Low Density District (N-C-L), Section 4.7(A) - Purpose. BACKGROUND / DISCUSSION The Stoner Subdivision was originally approved through a Type 1 public hearing held May 30, 2013, to subdivide an existing single-family residence into two new lots, creating a new lot in the rear portion of the existing lot. The new lot is known as “Lot 2” and is east of the existing single-family residence. The existing single-family residence remains on a portion of the original lot, which is renamed “Lot 1”. The two lots are located at the southeast corner of Wayne Street and West Magnolia Street in the Neighborhood Conservation, Low-Density Zone District (N-C-L). Building elevations and a building footprint were approved for Lot 2 as part of the original Stoner Subdivision approval. The Major Amendment proposes amended building footprint and building elevations for the approved single-family detached dwelling on Lot 2. ASSERSIONS OF APPEAL The Appellant asserts that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code. The Appellant states: “The appellants agree with the Staff Report that the project fails to comply with Article 3 Section 3.5.1 Building and Project Compatibility and Article 4, Section 4.7(A) Purpose because the design of the home is incompatible in mass, bulk, and scale with homes in the surrounding area. The basis for the City staff’s conclusion is that the design contains a significant amount of competing building forms, causing the overall bulk and massing to be inconsistent with the character of nearby homes. Pursuant to Section 3.5.l(B), architectural compatibility ‘shall be derived from the neighboring Packet Pg. 18 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 42 context.’ The appellants agree that the architecture of the homes in the surrounding area varies greatly, but believe there is a predominant architectural feature or characteristic that is shared amongst the homes in the surrounding neighborhoods.” “The photographs presented by both the applicant and the City staff provide visual evidence that the predominant feature of homes in the neighborhood is simple, geometric roof lines that are triangular or rectangular and limited in number. Where there are multiple roof lines, they are typically smaller than the dominant roof and the dormers are small in scale and limited in number. Overall, the neighborhood's predominant architectural style is of a simpler form/shape with minimal extra appurtenances (rooms, balconies, large dormers) sticking out.” “The staff, Meg Dunn and Michelle Haefele testified at the hearing that the proposed building is incompatible to the neighborhood context because the neighboring houses have simple geometric shaped roof lines with several triangular, sloped roofs and a simpler, basically rectangular or square building form. A review of the following photos included in the presentations by the applicant and City staff show the contrast between the neighborhoods' simpler, rooflines and geometric housing shapes and the proposed building. The visual effect of the proposed project's architectural style with its multiple massive dormers and large, popped out rooms on the top of the building is that it appears asymmetrical, significantly larger in bulk, mass and scale, and out of character with the predominant architecture of the neighboring homes.” “Additionally, the appellants support the Staff Report when it states that another predominant characteristic of the architecture of the surrounding area is second story floor area contained within the roof line. The staff, and applicant alike, both provided photographic evidence that the common architectural feature of the neighborhood's diverse housing styles is that the second story floor area is basically contained within the roof line. The photographic evidence clearly supports this conclusion. The proposed project is not compatible with the dominant character of nearby homes because the three large dormered rooms and balcony on the second floor are not contained within the roof line but appear as a large, asymmetrical, unplanned add-ons to an existing structure.” “Finally, the appellants also disagree with the hearing officer's interpretation of Section 3.5.1(B) when she decided that the existing architectural character is not clearly defined. The photos of houses in the area presented by both the applicant and staff showed that the common, simple sloped roof lines with second story floor area contained within the roof line are established architectural characteristics of this neighborhood. The project just doesn't meet this established common architectural feature. In fact, the Hearing Officer personally agreed with the City that the style of the home proposed in the MJA is ‘too busy, with too many competing building forms and roof lines,’ providing additional evidence that the proposed building is not in context with the character of neighboring houses. The photos show that where there are additional dormers or roofs, they are smaller, secondary and minimal in number.” The appellant provides photographic illustrations with the Notice of Appeal, stating that: “Following are photos of neighborhood houses that clearly illustrate the commonality of the roof designs, slopes, and simple geometry building forms that are predominant in this neighborhood and Packet Pg. 19 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 43 provide common architectural features. All photos are taken from the applicant's Powerpoint presentation and are highlighted to emphasize the second story architectural features that face the street. The proposed house is also shown with similar highlighting.” HEARING OFFICER FINDINGS AND DECISION 1. The Hearing Officer’s Findings for the Major Amendment are located on page 2, 3, and 4 of the Hearing Officer’s decision letter. For the Appellant’s assertion regarding Land Use Code Section 3.5.1 – Building and Project Compatibility, the Hearing Officer states on page 2 of the Findings and Decision: “The Staff Report contends that the MJA fails to comply with Section 3.5.1, Building and Project Compatibility, because the design of the home is incompatible in mass, bulk, and scale with homes in the surrounding area. The basis for the City's conclusion is that the design contains a significant amount of competing building forms, causing the overall bulk and massing to be inconsistent with the character of nearby homes. Pursuant to Section 3.5.1(B), architectural compatibility "shall be derived from the neighboring context." At the hearing, both the applicant and the City presented photographs and testimony that the architecture of the homes in the surrounding area varies greatly. The photographs presented at the hearing show one-story homes, two-story homes, split-level homes, modern homes, traditional homes, homes with one primary roof element, homes with more than one primary roof element, bungalows, cottages, mid-century ranch homes, Colonial homes, Craftsman-style homes and Tudor-style homes. The Staff Report states that the predominant characteristic of the architecture of the surrounding area is second story floor area contained within the roof line. However, the evidence presented during the hearing by both the applicant and the City simply does not support this conclusion. Pursuant to Section 3.5.1(B): "In areas where the existing architectural character is not definitively established . . . the architecture of new development shall set an enhanced standard of quality for future projects or redevelopment in the area." The Hearing Officer finds that the existing architectural character in this area is not clearly defined. Unfortunately, the phrase "enhanced standard of quality" is undefined, ambiguous and impossible to apply. While the Hearing Officer personally agrees with the City that the style of the home proposed in the MJA is too busy, with too many competing building forms and roof lines, that personal opinion does not render the MJA noncompliant with Section 3.5.1. The majority of the public comments at the hearing, including those from adjacent property owners, supported the architectural style of the home, and there is nothing in the record to indicate that the quality of the home is suspect. As such, the Hearing Officer finds that the MJA complies with Section 3.5.1.” 2. For the Appellant’s assertion regarding Land Use Code Section 4.7(A) – Purpose for the Neighborhood Conservation, Low Density District (N-C-L), the Hearing Officer states on page 3 of the Findings and Decision: “The Staff Report contends that the MJA fails to comply with Section 4.7(A), Purpose, because elements of the building design are not arranged to control the height, scale, mass and bulk in a way that is compatible with architecture in the surrounding area, resulting in incompatible design which does not preserve the character of developed single-family dwellings in the N-C-L district. As discussed above, however, both the applicant and the City presented testimony and photographs demonstrating that the architecture of the surrounding area varies greatly. It was undisputed at the Packet Pg. 20 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 44 hearing that the MJA proposes a single-family dwelling in compliance with all applicable size and height restrictions for the N-C-L district. In light of the variety in architecture, mass and height of homes in the surrounding area, it would be impossible for the Hearing Officer to determine that the proposed architecture of the home proposed in the MJA is incompatible with the surrounding area. As such, the Hearing Officer finds that the MJA complies with Section 4.7(A).” SUMMARY Building plans for Lot 2 are the subject of this appeal. Building elevations and a building footprint were approved for Lot 2 as part of the original Stoner Subdivision approval. The Major Amendment proposes amended building footprint and building elevations. The Hearing Officer issued a written decision on December 17, 2013 to approve the proposed Major Amendment. On December 31, 2013, an Appeal to the Hearing Officer’s Decision was submitted, asserting that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land use Code, specifically: 1. Article 3, Section 3.5.1 – Building and Project Compatibility 2. Article 4, Neighborhood Conservation, Low Density District (N-C-L), Section 4.7(A) – Purpose.” City Attorney Roy reviewed the process for the hearing of appeals by City Council. He stated Council can uphold, overturn, or modify the decision of the hearing officer and detailed the circumstances under which the item could be remanded. Cameron Gloss, Planning Manager, discussed the site, located at the corner of Wayne and Magnolia Streets. He stated the original application was approved by the Hearing Officer in May with footprints and plans of representative architecture. In the fall, an amended plan was received, which included a larger building footprint and revised architecture. Staff concluded this amendment could be considered a change in character, which is the threshold for a minor amendment to become a major amendment; therefore requiring the plan to go before the original decision maker, the Hearing Officer in this case. Gloss stated the Major Amendment was approved by the Hearing Officer and the appeal of that decision relates to two specific items: Land Use Code Section 3.5.1, relating to building and project compatibility, and the purpose statement of the NCL Zone. He reviewed the assertions of the appeal and summarized the findings of the Hearing Officer. Gloss went on to respond to Councilmember Campana’s request for contextual information regarding the history and age of nearby homes. Mayor Weitkunat asked Councilmembers to explain any observations made or conversations held at the site visit which may be relevant to their determination on the appeal. Councilmember Cunniff stated he had a discussion with staff regarding the layout of the property and observed the surrounding neighborhood. Councilmember Campana stated he tried to evaluate the surrounding homes for common architectural details and came to the conclusion the area is quite varied in terms of architecture, lot size, and home size to lot size ratios. Packet Pg. 21 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 45 Councilmember Overbeck stated he looked at the character of the neighborhood. Mayor Pro Tem Horak stated he was present at the site visit. Mayor Weitkunat stated she examined the site and the character of the neighborhood. APPELLANT PRESENTATION Michelle Haefele, Protect Our Old Town Homes, discussed the original lot subdivision and original home plans. She stated this project does not meet the purpose of the Neighborhood Conservation Low Density zone district, which is to preserve the character of the existing neighborhood. She stated this project is not compatible with the neighborhood due to its architectural incompatibility and noted staff agreed in its staff report for the Hearing Officer. Meg Dunn, Protect Our Old Town Homes, showed slides of homes in the neighborhood and described the simplicity of their architecture. She stated the architecture of the proposed home is too complex to be compatible with the neighborhood. APPLICANT PRESENTATION Steve Whittall, By Design Homes, stated the NCL zone is quite diverse and stated the proposed plan fits well within the zone. Berin Wachsmann stated he was the original applicant for the lot subdivision and noted a single-story home was never proposed, despite the fact a letter went out from the City indicating a single-story home was proposed. He discussed the fact the original drawings were submitted as prototypes only and were never approved as what would be built. He discussed the variety in Old Town and the fact the proposed home was designed specifically for the lot. Additionally, he noted there are no adjacent neighbors in opposition to the project and two adjacent neighbors have submitted letters of support. Laura Olive, 1500 Quail Hollow, discussed the site and stated the proposed home was designed specifically for the lot. Aubrey Carson, architect, showed slides of the proposed home and discussed its architectural details. He argued the home is compatible in its style, character, mass and bulk. Greg Obermann, property owner, stated character is not uniformity and discussed his reasons for desiring the proposed home. Councilmember Campana stated one of the individuals who spoke has real estate listings with him and stated he would recuse himself from the discussion should the appellants desire. City Attorney Roy recommended all parties be given an opportunity to speak to the issue. He stated this is not likely a conflict of interest given the Councilmember would need to be the recipient of a substantial benefit or Packet Pg. 22 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 46 detriment differing from that of the general public. However, the parties need to be assured a fair hearing and his relationship to one of the parties-in-interest may create a bias. Ms. Dunn stated she is fine with Councilmember Campana’s participation. Gina Jannett, appellant, requested Councilmember Campana’s recusal. Councilmember Campana noted he was unaware of the fact the party-in-interest was going to be speaking but stated he would recuse himself from the remainder of the deliberations. APPELLANT REBUTTAL Ms. Dunn agreed the neighborhood is diverse but noted there are some similarities in architecture. She discussed the distinct context of the immediate area. Ms. Haefele stated the original application submitted to the City in February 2013 indicated a one-story house would be built. She also stated the lot subdivision approval was based on the fact the submitted prototype drawing was found to be compatible by the Hearing Officer. Ms. Dunn stated the appellants are not requesting that no home be built; they are requesting the home be compatible with the context of the neighborhood. APPLICANT REBUTTAL Sean Dougherty, 1344 Catalpa, noted the Hearing Officer found the proposed design does not violate the Land Use Code. Mr. Whittall stated this design is the culmination of a long and thoughtful process and noted eight people, including the adjacent neighbors, spoke in favor of this design at the Major Amendment hearing. He stated denying this project will lead to uncertainty in the process and will undermine the confidence of the building community. He requested the decision of the Hearing Officer be upheld. Mayor Weitkunat noted the purpose statements of zone districts are general and are not regulatory in nature. Councilmember Cunniff requested information regarding the staff statements that the project complies with the City’s process and that it does not comply with the applicable requirements of the Land Use Code. Jason Holland, Project Planner, replied staff was referencing Land Use Code Section 3.5.1, which states “architectural compatibility shall be derived from the neighboring context, that some elements affecting compatibility include height, scale, mass and bulk of structures, and that compatibility shall be achieved through techniques such as repetition of roof lines and the use of similar proportions in building mass and outdoor spaces”. Staff made the finding that the proposed architecture is not consistent with the neighborhood when looking at this Code section. Packet Pg. 23 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 47 Councilmember Troxell asked how much of Old Town is zoned NCL. Holland provided a zoning map of the area and stated there is a large portion of NCL zoning surrounding the project site. Mayor Weitkunat asked if the zone district is referenced when considering compatibility. Gloss replied the zone district is examined broadly; however, the immediate context is examined specifically. Mayor Pro Tem Horak requested clarification regarding statements made by Holland at the Major Amendment hearing. Holland replied the Land Use Code indicates compatibility shall be achieved through certain techniques, including repetition of roof lines and the use of similar proportions in building mass and outdoor spaces. He also noted the definition of compatibility in the Land Use Code speaks to the fact that architectural compatibility shall be derived from the neighboring context and that some elements affecting compatibility include height, scale, mass and bulk of surrounding structures, and that compatibility refers to the sensitivity of development proposals maintaining the character of the existing development. Mayor Pro Tem Horak asked how the determination was reached, given the statement by the Hearing Officer regarding subjectivity. Holland replied it is a fair assessment that Section 3.5.1 is subjective, which is why staff completed the detailed analysis of the character of homes on the block and in the neighborhood. That analysis found varying architectural styles; however, the common theme is simple roof forms. Mayor Pro Tem Horak asked how the common theme was derived. Holland replied the examination of all the homes indicated the common theme of repetition of roof lines and similar proportions in building forms. Mayor Pro Tem Horak asked if this technique is used on similar projects throughout the City. Gloss replied in the affirmative. Mayor Pro Tem Horak asked if examples exist of staff recommending approval and denial based on that standard. Gloss replied in the affirmative. Councilmember Troxell noted the proposed plan depicts elements that break up massing in order to accommodate one of the main intentions of the Eastside/Westside Plan. He requested an explanation of why this project is at odds with the Eastside/Westside Plan. Gloss replied this application is not subject to the Eastside/Westside design standards as the application was submitted prior to the adoption of those standards. However, he stated the Neighborhood Character Design Guidelines for the East and Westside Neighborhoods were examined in order to provide some guidance as one element of the analysis. Councilmember Troxell stated the proposed project has a great deal of design detail. Gloss replied the “pattern book” project is on the work plan; however, other projects are a higher priority at this point. Councilmember Troxell asked if the proposed project has too much design detail. Gloss replied the design detail was not the major thrust of staff’s position on the project; it was based on the bulk, mass and scale of the building. The architectural renderings are not compliant with Section 3.5.1 based on the massing of the home in that it has more mass, particularly relative to the lot size, than surrounding properties. Councilmember Cunniff asked how staff interprets “immediate area of the proposed infill development.” Gloss replied the block face was considered to be the most immediate context. Packet Pg. 24 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 48 Mayor Weitkunat asked if the primary incompatibility issue is related to the bulk of the second story. Gloss replied in the affirmative and stated the complexity of the roof forms and the relative size of those forms to the main primary roof form are at issue. Mayor Weitkunat asked if it is basically a design issue. Gloss replied in the affirmative. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to overturn the decision of the Hearing Officer because the Hearing Officer failed to properly interpret and apply Land Use Code Section 3.1(b) and 4.7(a). Mayor Pro Tem Horak stated he is satisfied with staff’s analysis and agreed the proposed design is not compatible with the neighborhood. Councilmember Troxell stated he would not support the motion as the applicant attempted to comply with the intent of the Eastside/Westside Plan in its design features. He stated the City is at fault for not providing design standards for the area and the proposed project meets the enhanced and approved criteria for Old Town. Councilmember Cunniff agreed with Mayor Pro Tem Horak and staff’s assessment of the project. Mayor Weitkunat stated she would support the motion given the dominance of the second story; however, she stated she is in favor of the design in general. The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Horak and Weitkunat. Nays: Troxell. THE MOTION CARRIED. Other Business Mayor Pro Tem Horak requested the status of the design “pattern books.” Gloss replied the specific project is on the Planning staff work plan; however, there are several other planning initiatives which are higher on the priority list. He stated staff is currently working on a design manual which will touch on some aspects but will not be as specific as what was mentioned. Mayor Pro Tem Horak requested additional information regarding the prioritization issue. Packet Pg. 25 Attachment1.2: February 4, 2014 (Minutes) February 4, 2014 49 Adjournment The meeting adjourned at 9:00 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 26 Attachment1.2: February 4, 2014 (Minutes) February 18, 2014 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, February 18, 2014, 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 withdrew Item No. 2, Postponement of Items Relating to the Kechter Farm Annexation and Zoning to March 4, 2014, for Council to consider postponing to March 18, 2014. Councilmember Troxell withdrew Item No. 4, Second Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan, from the Consent Calendar. Citizen Participation Mel Hilgenberg, 172 North College, reported on community music and theatre events, provided kudos to the City and Rosemary Russo for participation in a panel at CSU, and opposed the proposed on-campus stadium at CSU. Rick Price, Fort Collins resident, commended two items: Second Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan and Resolution 2014-011 Supporting the Grant Application for a Paths to Parks Trail Grant from the State Board of Great Outdoors Colorado for the Fossil Creek Trail from College Avenue to Shields Street, as being important to completing the City’s Bike Plan and Master Trails Plan. Additionally, he suggested that Council direct the City Manager and staff to consider budgeting for the aforementioned two projects and additional trail connectivity. Jack Daniels, 172 North College, commended Council on its excellent work and stated Fort Collins is an outstanding community. Mike Pruznick, Fort Collins resident, supported the City going greener more quickly and discouraged the use of the term “climate change denier.” He opposed City policies preventing net positive solar installation. Packet Pg. 27 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 51 Linda Vrooman, 912 Cheyenne Drive, opposed the proposed on-campus stadium at CSU, citing concerns regarding vehicle traffic, trains, and safety on campus and in surrounding neighborhoods. Bob Vangermersch, Fort Collins resident, opposed the proposed on-campus stadium at CSU citing negative environmental impacts. He suggested a full environmental impact study should be required. Doug Brobst, 1625 Independence, requested a status update regarding Council’s potential site visits to other communities with on-campus stadiums. He requested a study of the stadium’s environmental, social, and economic impacts on the city. Chris Marshall, 926 West Mountain, opposed the proposed on-campus stadium and stated the average stadium built in the last twenty years has cost 140% over budget. Ray Burgner, Fort Collins resident, opposed recreational marijuana legalization. Charles David Ham, 3324 Hickock Drive, opposed the location of the proposed on-campus stadium and suggested Council consider the implementation of impact fees. Citizen Participation Follow-up Councilmember Cunniff stated a review of the City’s strategic objectives will occur at the upcoming Council retreat. He agreed with Mr. Pruznick’s comment regarding climate change deniers. Mayor Pro Tem Horak stated the trails will be further along in the future if the money from the Conservation Trust Fund is restored and not used for park maintenance. He also noted trails are dependent upon easements and other cooperative measures. Additionally, he stated the City should not ignore the future growth of CSU, as well as the possibility of an on-campus stadium. Councilmember Troxell requested an update regarding Council’s site visits to other communities with on-campus stadiums. Deputy City Manager Jones replied she is in discussions with representatives from Tulane and Southern Methodist University regarding possible visitation dates. Councilmember Troxell commended Mr. Burgner’s comments in support of the community’s youth. Councilmember Overbeck stated he is not interested in site visits but in conference calls. Deputy City Manager Jones replied she will examine that possibility and noted the universities are aware Council is interested in talking to affected community members as well as university representatives. Packet Pg. 28 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 52 CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the January 21, 2014 Regular Council Meeting. The purpose of this item is to approve the minutes from the January 21, 2014 Regular Council Meeting. 2. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to March 4, 2014. Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos. 005 and 006, 2014) be postponed until March 4, 2014. The final plat approval should be considered by the Board of County Commissioners by the end of February. Under the Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. Postponing this item until the March 4 meeting will honor the City’s commitment in the IGA. 3. Second Reading of Ordinance No. 023, 2014 Vacating a Portion of the Fossil Boulevard Right-of-Way as Dedicated on the Plat of Redtail. This Ordinance, unanimously adopted on First Reading on February 4, 2014 vacates a portion of the Fossil Boulevard right-of-way that is no longer necessary or desirable to retain for public street purposes. The property owner adjacent to this portion of right-of-way is requesting the vacation. This location will be the future site of the Redtail Ponds Permanent Supportive Housing project (Redtail Second Filing). 4. Second Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan. The purpose of this item is to appropriate $170,000 of KFCG Other Transportation Reserve funds for consulting services associated with the Transportation Element of the West Central Neighborhoods Plan. An update of the plan is scheduled for 2014. The requested funding enhances the overall planning effort by including an analysis of the neighborhood transportation network, consideration of growth on and around the Colorado State University campus, recommendations and strategies, and detailed corridor vision and design for Prospect Road between College Avenue and Shields Street. 5. Second Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the Water Fund to Fund the Replacement of the College Avenue Waterline From Mulberry Street to Buckeye Street. Packet Pg. 29 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 53 The purpose of this item is to fund the replacement of the College Avenue waterline from Mulberry to Buckeye Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of this project. Design and cost estimating have been completed. This Ordinance appropriates $2.1 million from reserves for the construction of this project. 6. First Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to Executive Sessions Held for the Purpose of Meeting with Attorneys for the City. The purpose of this item is to amend subsection 2-31(a) of the City Code, which pertains to executive sessions held for the purpose of meeting with attorneys for the City. The purpose of the amendment is to more closely conform to the language in Article II, Section 11 of the City Charter. 7. Second Reading of Ordinance No. 027, 2014, Approving Revisions to the Fort Collins Utilities' Electric Construction Policies, Practices, and Procedures. The purpose of this item is to adopt the revised Electric Construction Policies, Practices, and Procedures (ECPPP). The ECPPP provides definition to developers and contractors related to the construction of electrical facilities. 8. Second Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the Application of Wastewater Rates to Certain Residential Services. The purpose of this item is to revise the City Code concerning the classification of wastewater users and to revise rates for wastewater service charges during the period of construction. 9. Resolution 2014-011 Supporting the Grant Application for a Paths to Parks Trail Grant from the State Board of Great Outdoors Colorado for the Fossil Creek Trail from College Avenue to Shields Street. The City is applying for a Great Outdoors Colorado Path to Parks Trail Grant. Staff is preparing an application for the Fossil Creek Trail from College Avenue to Shields Street project for this grant cycle. Great Outdoors Colorado requires a City Resolution acknowledging the application intent to be submitted as part of the grant package. 10. Resolution 2014-012 Approving Revised Costs and Fees for Fort Collins Municipal Court. The purpose of this item is to revise certain costs and fees assessed by the Fort Collins Municipal Court. Costs and fees are assessed in addition to fines or other penalties. According to the City Charter, these costs and fees are enacted by Council, upon recommendation of the Judge. Various costs and fees have been approved by resolution over the years. At this time, Judge Lane recommends making some changes: increasing the Court Cost from $25 to $35 to help cover increased Court security costs, revising the Appeal Fee Packet Pg. 30 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 54 amount to include a lesser amount for appeals from a Municipal Court Referee to the Municipal Judge on a parking or civil infraction case, and deleting the Continuance Fee. 11. Resolution 2014-013 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Grant Disbursements. The purpose of this item is to adopt the recommendations of the Cultural Resources Board to disburse Fort Fund grants to community events from the Cultural Development and Programming and Tourism Programming Accounts. 12. Resolution 2014-014 Authorizing a License to Enter to the U.S. Department of Justice for Use of City-Owned Property at 215 North Mason for Nine Months. The purpose of this item is to authorize the U.S. Department of Justice to use the Municipal Courtroom and Waiting Area at 215 North Mason Street for Bankruptcy Creditor Meetings. There are 10 scheduled meetings during the remainder of 2014. ***END CONSENT*** (Secretary’s note: Councilmember Campana withdrew from the Consent Calendar vote due to a conflict of interest.) Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Troxell, Horak, Weitkunat, Cunniff, Overbeck and Poppaw. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Mayor Weitkunat discussed Item No. 11, Resolution 2014-013 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Grant Disbursements, noting these dollars come from visitors to the city through a lodging tax. Councilmember Reports Councilmember Overbeck reported on a DDA facade grant approval for Wolverine Farm Publishing on Willow Street. Mayor Pro Tem Horak requested an update regarding the retreat with Council. City Manager Atteberry replied staff has requested Council meet Saturday in a retreat setting to discuss strategic objectives which are an important input to the Budgeting for Outcomes process. He stated the Saturday date will not work from a scheduling standpoint and recommended Council convene at 3:00 p.m. next Tuesday in order to complete this task. Packet Pg. 31 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 55 Mayor Pro Tem Horak discussed asphalt plants in and around Fort Collins and requested staff research budgetary impacts and the ability to require monitoring. City Manager Atteberry replied he will meet with Karen Cumbo, Planning, Development, and Transportation Services Director, and Gerry Paul, Purchasing Director, to discuss a triple bottom line analysis of purchasing decisions. Mayor Pro Tem Horak reported on the regional Air Quality Commission meeting and the I-25 Coalition meeting. Councilmember Cunniff reported on a meeting with the EPA Administrator, White House Department of Intergovernmental Affairs representative, and Chair of the President’s Environmental Board. Mayor Weitkunat detailed the meeting mentioned by Councilmember Cunniff and stated Fort Collins is a model for river restoration. Items Relating to the Kechter Farm Annexation and Zoning, Postponed to March 18, 2014 Following is the staff memorandum for this item. “EXECUTIVE SUMMARY Staff requests that Second Reading of the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos. 005 and 006, 2014) be postponed until March 4, 2014. The final plat approval should be considered by the Board of County Commissioners by the end of February. Under the Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. Postponing this item until the March 4 meeting will honor the City’s commitment in the IGA.” Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to postpone this item to March 18, 2014. Yeas: Horak, Weitkunat, Campana, Overbeck, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 024, 2014 Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan, Adopted on First Reading Following is the staff memorandum for this item. “EXECUTIVE SUMMARY Packet Pg. 32 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 56 The purpose of this item is to appropriate $170,000 of KFCG Other Transportation Reserve funds for consulting services associated with the Transportation Element of the West Central Neighborhoods Plan. An update of the plan is scheduled for 2014. The requested funding enhances the overall planning effort by including an analysis of the neighborhood transportation network, consideration of growth on and around the Colorado State University campus, recommendations and strategies, and detailed corridor vision and design for Prospect Road between College Avenue and Shields Street. BACKGROUND / DISCUSSION The West Central Neighborhoods Plan (1999) generally encompasses the neighborhoods south and west of the Colorado State University (CSU) main campus. The planning area includes commercial and institutional uses as well as the highest residential density of any planning area in the City. In the time since the plan’s adoption, the area has developed and evolved. Additionally, CSU continues to grow its student population and expand on-campus facilities. In order to address these changing dynamics, Planning Services is scheduled to complete an update of the Plan in 2014. Preliminary conversations with area residents indicate significant concerns about transportation facilities and services, especially along the Prospect Road Corridor from College Avenue to Shields Street. The 2014 update of the West Central Neighborhoods Plan presents an opportunity to realize efficiencies by coordinating the neighborhood plan, circulation planning, and the design of this crucial segment of Prospect Road. By enhancing the transportation element of the plan and including preliminary design for this part of the Prospect Corridor, the needs and concerns of the neighborhood can be better addressed. At the same time, this project will inform a future corridor planning effort to address all seven miles of Prospect Road as contemplated by the Transportation Master Plan. An enhanced transportation element will also provide critical baseline data for assessing the impacts of a possible on-campus stadium. The transportation element will promote the development of a corridor and network that are functional, safe, and identifiable for pedestrians, bicycles, buses, and cars. The project will include a review of existing conditions, identifying and addressing data needs, establishing a transportation vision, coordinating with CSU regarding campus development and stadium impacts, recommending updates to existing network plans and policies, developing design alternatives for Prospect Road, evaluating alternatives, and producing a preliminary design (30% complete) for the preferred alternative corridor plan. FINANCIAL / ECONOMIC IMPACT This Ordinance appropriates $170,000 of KFCG Other Transportation Reserves for consulting services associated with the development of the Transportation Element. These funds will supplement the $135,000 previously approved by City Council for consulting services to update the land use, housing, and urban design elements of updating the Plan. Packet Pg. 33 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 57 By combining the transportation and corridor planning aspects of this project with the scheduled Plan update, a single consulting team may be used to serve both the land use and transportation needs. Considerable efficiencies will be realized by conducting a single program of public outreach and engagement, and by sharing data and design concepts between the land use and transportation modeling phases of the project. ENVIRONMENTAL IMPACTS The current transportation infrastructure in the planning area is subject to numerous deficiencies, including narrow or absent sidewalks and bike lanes, constrained segments, and lack of parking facilities. The Transportation Element will identify opportunities to improve the availability of modal choices and to manage automobile congestion. Both modal shift and congestion management are factors that contribute to improvements in greenhouse gas emissions and reductions in fossil fuel consumption. PUBLIC OUTREACH The recommendation to include transportation and corridor planning in the West Central Neighborhoods Plan update is a result of preliminary public feedback received by Planning Services. Once initiated, the project will include an extensive program of public engagement and opportunities for residents to participate in the planning and design process.” Councilmember Troxell expressed concern about the scope being too broad for the intended scope of the West Central Neighborhood Plan and asked about the cost of the Plan. Doug Brobst, 1625 Independence, stated this Plan does not extend far enough in analyzing impacts. He stated a citywide environmental, social, and economic impact study needs to occur. Mark Jackson, Planning, Development, and Transportation Services Deputy Director, stated this proposal is focused on addressing some of the pressures on sub-standard infrastructure in these neighborhoods and is not intended to be a citywide or overall analysis of the impacts of the proposed stadium. Councilmember Troxell asked what type of analysis would be completed to understand the transportation infrastructure needs. Jackson replied the West Central Neighborhoods transportation element is a feeder of information to a larger study. Councilmember Troxell asked about timing. Jackson replied the goal is to address all issues proactively and this study will address the more immediate impacts first, but does not preclude a more systemic evaluation with the CSU team and other affected parties. City Manager Atteberry noted there are three different topics: a stadium proposal, a campus growth plan, and the aforementioned Subarea Plan. He noted Council needs to be certain what this package entails and what it may not entail. Packet Pg. 34 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 58 Karen Cumbo, Planning, Development, and Transportation Services Director, stated this item is the transportation element of the Subarea Plan and noted the proposal for this project is not going to address the bigger picture issues of the CSU Master Plan or potential stadium impacts, except as it relates to the planning and preliminary design for Prospect. Councilmember Troxell expressed concern regarding ill effects of transportation issues should the stadium be built and stated expectations should be solidified with CSU prior to the arrival of said issues and their after effects. Mayor Weitkunat clarified this item was never intended to weigh the addition of the stadium. Cumbo stated it will provide a useful baseline for the conversations regarding possible necessary improvements, either because of the stadium or the growth of the south campus. Mayor Pro Tem Horak asked if the appropriation will be adequate to fund work on the land use, housing, and urban design elements of the Plan. Cameron Gloss, Planning Manager, replied the land use and urban design analyses will largely be completed by the City Planning staff. Mayor Pro Tem Horak asked how a stadium traffic analysis would interact with this planning element. Jackson replied that is one of the reasons staff wanted to accelerate the transportation element of the West Central Neighborhoods Plan. Mayor Weitkunat asked about the timeframe for the project. Gloss replied the draft will be completed in approximately one year and the land use scenarios and transportation modeling will be complete in approximately six months. Councilmember Cunniff requested a map of the area prior to Second Reading. Councilmember Campana suggested staff provide a summary of previous Subarea Plans, noting this Plan is not occurring simply because of the stadium. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 024, 2014, on First Reading. City Attorney Roy read language amending the appropriate boundaries of the Plan area. Mayor Pro Tem Horak requested information regarding how the City interacts with CSU or other entities regarding infrastructure and utility improvements for large projects. The vote on the motion to adopt the Ordinance as amended was as follows: Yeas: Weitkunat, Campana, Cunniff, Overbeck, Troxell, Poppaw and Horak. Nays: none. THE MOTION CARRIED. Resolution 2014-015 Packet Pg. 35 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 59 Making Findings of Fact and Conclusions Regarding the Appeal of the December 17, 2013, Administrative Hearing Officer’s Decision Regarding the Stoner Subdivision, Adopted “EXECUTIVE SUMMARY On December 31, 2013 an appeal was filed concerning the Administrative Hearing Officer's decision regarding a proposed Major Amendment for Lot 2 of the Stoner Subdivision at 1017 West Magnolia Street. On February 4, 2014, City Council voted 5 - 1 on the motion to overturn the decision of the Hearing Officer concluding that the Hearing Officer failed to property interpret and apply Land Use Code Sections 3.5.1 and 4.7(A) in approving the Major Amendment because the proposed amendment was not compatible with the established architectural character of the adjacent neighborhood, particularly with regard to building bulk, mass, scale and rooflines. BACKGROUND The Major Amendment proposes amended building footprint and building elevations for the approved single-family detached dwelling on Lot 2 of the Stoner Subdivision. The Appellant’s Notice of Appeal was based on allegations that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land use Code, specifically: 1. Article 3, Section 3.5.1 - Building and Project Compatibility 2. Article 4, Neighborhood Conservation, Low Density District (N-C-L), Section 4.7(A) - Purpose At the February 4, 2014 hearing on the matter, Council considered said appeal, reviewed the record on appeal, heard presentations from the Appellant and other parties-in-interest and, after discussion overturned the Decision.” (Secretary’s note: Councilmember Campana withdrew from the discussion of this item as he did not participate in the hearing due to a conflict of interest.) Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2014-015. Councilmember Troxell discussed the diversity of the Old Town area and stated he would not support the motion. The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Horak and Weitkunat. Nays: Troxell. Packet Pg. 36 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 60 THE MOTION CARRIED. Resolution 2014-017 Appointing a City Councilmember to the Colorado State University Stadium Community Design Development Advisory Committee, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to appoint a member from Council to serve as the City’s representative on the Community Design Development Advisory Committee. BACKGROUND In 2012, Colorado State University (CSU) convened a Stadium Advisory Committee to examine the feasibility of building an on-campus stadium. A 15-person panel - the Stadium Advisory Committee - worked for seven months, including an extensive public input process, and delivered a report to President Tony Frank in August 2012 that identified a potential site, highlighted funding options, examined potential impacts, and captured public sentiment. While the Stadium Advisory Committee determined it was feasible to build a stadium on campus, President Frank ultimately decided CSU should move ahead with the project. In October 2012, the CSU System Board of Governors voted to affirm Dr. Frank’s recommendation to begin an effort to raise private support for at least half the cost of the stadium, as well as to begin detailed planning for the project. At present, CSU has begun detailed planning for the design of an on-campus stadium. As part of this process, the University is convening a Community Design Development Advisory Committee (CDDAC). This Committee is to review a range of development elements and impact -- such as parking, traffic, noise, lighting - and provide feedback as to how to address these issues and provide a high quality stadium for the University and the community. The CDDAC will include members representing a broad range of stakeholder interests, including: Faculty Staff Students Alumni Athletic Department Season ticket holders Neighbors/property owners south of Prospect Packet Pg. 37 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 61 Neighbors/property owners north of Prospect SOS Hughes City of Fort Collins Fort Collins Police Department Chamber of Commerce Community/Civic Leaders Be Bold CSU. The Committee will be chaired by Bob McCluskey, a business owner and former member of the Colorado House of Representatives and the Fort Collins’ City Council. The action before City Council is to appoint a member from Council to serve as the City’s representative on the Community Design Development Advisory Committee.” City Manager Atteberry discussed CSU’s proposed stakeholder process which would attempt to mirror or go above and beyond the City’s development review process for this project. He stated CSU would prefer the City to have two representatives involved, one from Police Services, and one other appointed by Council. Chris Marshall, 926 West Mountain, stated the debate and committee need to be more transparent and open. Linda Vrooman, 912 Cheyenne Drive, opposed the on-campus stadium and suggested a Councilmember be appointed to the committee. Jean Yule, 1109 Williams, supported two Councilmembers’ participation on the committee and opposed the on-campus stadium process. Bob Vangermersch, Fort Collins resident, supported the appointment of the Councilmember whose District is most negatively impacted by the proposed stadium. Doug Brobst, 1625 Independence, supported the appointment of two Councilmembers on the committee. Mel Hilgenberg, 172 North College, opposed the function of CSURF. Chester McQueary, 613 Princeton Road, supported the appointment of two representatives to the committee. Councilmember Campana made a motion to appoint Deputy City Manager Jones to the Colorado State University Stadium Community Design Development Advisory Committee. He stated this would enable the opinions of all Councilmembers to be heard. Packet Pg. 38 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 62 The motion died for lack of a second. Councilmember Poppaw made a motion to adopt Resolution 2014-017, appointing Councilmember Cunniff to the Colorado State University Stadium Community Design Development Advisory Committee. Councilmember Cunniff stated he would accept the appointment but suggested other interested Councilmembers state interest. Councilmember Poppaw withdrew her motion. Councilmember Cunniff supported the appointment of a Councilmember. Councilmember Campana stated the appointment of Deputy City Manager Jones would keep Councilmembers from attempting to influence the stadium decision. Councilmember Troxell supported the appointment of either Mayor Weitkunat or Mayor Pro Tem Horak. Councilmember Overbeck expressed interest in serving on the committee and provided a presentation regarding his concerns about the proposed stadium. Mayor Weitkunat expressed interest in serving on the committee. Mayor Pro Tem Horak suggested appointing Mayor Weitkunat as the representative with Councilmember Cunniff as an alternate, both of which could attend meetings. Councilmembers Cunniff and Troxell supported Mayor Pro Tem Horak’s suggestion. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-017, appointing Mayor Weitkunat to the Colorado State University Stadium Community Design Development Advisory Committee and Councilmember Cunniff as an alternative representative. Mayor Pro Tem Horak stated the only power the Council holds lies in the power to influence and its only true power is related to utilities. Councilmember Troxell discussed the public-private partnership of the stadium issue. Mayor Weitkunat noted Council will continue to be robustly involved in the issue. Councilmember Campana asked if the committee meetings will be open to other Councilmembers as well as those appointed. Deputy City Manager Jones replied she has not Packet Pg. 39 Attachment1.3: February 18, 2014 (Minutes) February 18, 2014 63 received information regarding the meeting structure, but noted the meetings will be scheduled the first Monday of each month from 6-8 p.m. The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Troxell, Horak, Weitkunat and Campana. Nays: none. THE MOTION CARRIED. Other Business Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adjourn to February 25, 2014, at 3:00 p.m. so that the Council may consider any additional business that may come before the Council, including a possible Executive Session. Yeas: Cunniff, Overbeck, Poppaw, Troxell, Horak, Weitkunat and Campana. Nays: none. THE MOTION CARRIED. Adjournment The meeting adjourned at 8:25 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 40 Attachment1.3: February 18, 2014 (Minutes) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Matt Fater, Utilities Special Projects Manager Jon Haukaas, Water Engr Field Operations Mgr Owen Randall, Chief Engineer SUBJECT Second Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the Water Fund to Fund the Replacement of the College Avenue Waterline From Mulberry Street to Buckeye Street. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 18, 2014, appropriates funds for the replacement of the College Avenue waterline from Mulberry to Buckeye Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of this project. Design and cost estimating have been completed. This Ordinance appropriates $2.1 million from reserves for the construction of this project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 18, 2014 (w/o attachment) (PDF) 2. Ordinance No. 025, 2014 (PDF) Packet Pg. 41 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY February 18, 2014 City Council STAFF Matt Fater, Utilities Special Projects Manager Jon Haukaas, Water Engr Field Operations Mgr Owen Randall, Chief Engineer SUBJECT First Reading of Ordinance No. 025, 2014, Appropriating Prior Year Reserves in the Water Fund to Fund the Replacement of the College Avenue Waterline From Mulberry Street to Buckeye Street. EXECUTIVE SUMMARY The purpose of this item is to fund the replacement of the College Avenue waterline from Mulberry to Buckeye Streets, just south of Pitkin. Ordinance No. 134, 2013 appropriated funds for the design of this project. Design and cost estimating have been completed. This Ordinance appropriates $2.1 million from reserves for the construction of this project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Colorado Department of Transportation (CDOT) will be repaving Highway 287 from Berthoud to Fort Collins, which includes College Avenue through the city. The College Avenue portion of this work is anticipated to start in spring 2015. Fort Collins Utilities has an existing waterline under this section of roadway that is deteriorating and undersized to serve the current and anticipated population. This waterline is in need of replacement to improve system reliability and fire protection along College Avenue. The project has been moved up in priority because of CDOT’s plans to repave US 287. Fort Collins Utilities is proposing to replace the waterline in summer 2014, prior to the CDOT repaving project, in an effort to reduce future impacts to new pavement. The College Avenue waterline project proposes to replace the waterline in College Avenue from Mulberry Street to Buckeye Street, as well as replace the waterline in several side streets (Myrtle, Laurel, Garfield, Edwards, Pitkin, and Buckeye) connecting to College Avenue. The project includes replacement of 6,500 feet of existing 4-inch to 8-inch cast iron waterline with 8-inch PVC waterline, as well as the replacement of existing valves, service lines and fire hydrants. This project will improve system performance, reliability, and fire protection for several decades. FINANCIAL / ECONOMIC IMPACT The project team has completed preliminary design and cost estimating for the project. The estimated construction cost is $2.1 million. This project was not budgeted in the 2013/2014 budget because staff was unaware of the CDOT paving project at that time. Staff is requesting these funds be appropriated out of existing reserves from the Water Fund. The project will not replace existing projects already planned under this budget cycle. ATTACHMENT 1 Packet Pg. 42 Attachment2.1: First Reading Agenda Item Summary, February 18, 2014 (w/o attachment) (SR 025 College Ave. Waterline Replacement Project) Agenda Item 5 Item # 5 Page 2 SOCIAL IMPACTS The project is proposed to begin in mid-May 2014 and finish in mid-August. The impacts to the public will be in the form of construction activities, traffic closures, and temporary water shut downs. A primary goal of the project is to minimize these impacts through technological advances in waterline replacement, such as pipe bursting and directional drilling. These technologies allow for the replacement of the existing waterline while reducing the amount of open trench required during construction, minimizing traffic impacts and the overall duration of the project. ENVIRONMENTAL IMPACTS Construction will utilize best practices to minimize and mitigate environmental impacts of the project. The utilization of trenchless technology will also reduce the environmental impacts associated with excavation and hauling that is required with a standard open cut water line installation. PUBLIC OUTREACH Public outreach will be a primary focus for this project. Staff is currently working on the first public notification, expected to be sent in mid-February. Staff will also be meeting with residents and business owners individually to coordinate construction activities. ATTACHMENTS 1. Location Map (PDF) Packet Pg. 43 Attachment2.1: First Reading Agenda Item Summary, February 18, 2014 (w/o attachment) (SR 025 College Ave. Waterline Replacement Project) - 1 - ORDINANCE NO. 025, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND TO FUND THE REPLACEMENT OF THE COLLEGE AVENUE WATERLINE FROM MULBERRY STREET TO BUCKEYE STREET WHEREAS, the Colorado Department of Transportation (CDOT) will be repaving Highway 287 from Berthoud to Fort Collins, starting in the Spring of 2015, which will include College Avenue through the City; and WHEREAS, Fort Collins Utilities has water mains under this section of roadway that are deteriorating and are not adequately sized to serve the current and anticipated population in the area; and WHEREAS, Utilities is proposing to replace these lines in 2014 ahead of the CDOT work in order to reduce impacts to future new pavement and avoid related costs to the Water Utility; and WHEREAS, the College Avenue waterline project will replace the waterline in College Avenue from Mulberry Street to Buckeye Street, and will replace the waterline in several side streets (Myrtle, Laurel, Garfield, Edwards, Pitkin, and Buckeye) connecting to the mains in College Avenue; and WHEREAS, the project includes replacement of 6,500 feet of existing 4-inch to 8-inch cast iron waterline with 8-inch PVC waterline, as well as replacement of existing valves, service lines and fire hydrants; and WHEREAS, Utilities has requested that $2,100,000 be appropriated from Water Fund Reserves for the related construction work; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff has recommended that the City Council appropriate $2,100,000 from prior year reserves in the Water Fund to be used for the construction of a water main replacement project; and WHEREAS, the City Council has determined that the waterline project and use of Water Fund reserves as described herein will benefit the ratepayers of the Water Utility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the Water Fund the sum of TWO MILLION, ONE HUNDRED THOUSAND DOLLARS Packet Pg. 44 Attachment2.2: Ordinance No. 025, 2014 (SR 025 College Ave. Waterline Replacement Project) - 2 - ($2,100,000) to be used for the construction of a water main replacement project along College Avenue, as described herein. Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 45 Attachment2.2: Ordinance No. 025, 2014 (SR 025 College Ave. Waterline Replacement Project) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Steve Roy, City Attorney SUBJECT Second Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to Executive Sessions Held for the Purpose of Meeting with Attorneys for the City. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 18, 2014, amends subsection 2-31(a) of the City Code, which pertains to executive sessions held for the purpose of meeting with attorneys for the City. The purpose of the amendment is to more closely conform to the language in Article II, Section 11 of the City Charter. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 18, 2014 (PDF) 2. Ordinance No. 026, 2014 (PDF) Packet Pg. 46 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY February 18, 2014 City Council STAFF Steve Roy, City Attorney SUBJECT First Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to Executive Sessions Held for the Purpose of Meeting with Attorneys for the City. EXECUTIVE SUMMARY The purpose of this item is to amend subsection 2-31(a) of the City Code, which pertains to executive sessions held for the purpose of meeting with attorneys for the City. The purpose of the amendment is to more closely conform to the language in Article II, Section 11 of the City Charter. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is a home rule municipality established under Article XX, Section 6 of the Colorado Constitution and, as such, the City has its own set of laws governing the conduct of meetings held by its local officials. Article II, Section 11 of the City Charter states that the City Council, during the course of a regular or special meeting, may go into executive session for certain specified purposes. Those purposes are set forth in Article II, Section 11 of the Charter. One of the purposes for which an executive session may be held under the Charter is the purpose of consulting with attorneys representing the City regarding specific legal questions involving litigation or potential litigation and/or the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state or local law. Section 2-31 of the City Code reiterates the purposes for which executive sessions may be held. Subsection 2-31(a)(2), which deals with executive sessions pertaining to legal matters, authorizes “meetings with the City Attorney or other attorneys representing the City regarding litigation or potential litigation involving the City.” That language does not limit such discussions to “specific legal questions.” Because the language in Subsection 2-31(a)(2) might be construed as being in conflict with the City Charter, and because the City Charter is the organic law of the City and supersedes any conflicting provisions of the City Code, the City Attorney has recommended to the City Council that the wording of Code Section 2-31(a)(2) be amended to clarify that executive session consultations with attorneys for the City regarding litigation or potential litigation must be limited to the discussion of specific legal questions. ATTACHMENT 1 Packet Pg. 47 Attachment3.1: First Reading Agenda Item Summary, February 18, 2014 (SR 026 Executive Session Code Chg) - 1 - ORDINANCE NO. 026, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SUBSECTION 2-31(A)(2) OF THE CODE OF THE CITY OF FORT COLLINS, PERTAINING TO EXECUTIVE SESSIONS HELD FOR THE PURPOSE OF MEETING WITH ATTORNEYS FOR THE CITY WHEREAS, the City is a home rule municipality established under Article XX, Section 6 of the Colorado Constitution and, as such, the City has its own set of laws governing the conduct of meetings held by its local officials; and WHEREAS, Article II, Section 11 of the City Charter states that the City Council, during the course of a regular or special meeting, may go into executive session; and WHEREAS, because executive sessions are closed to the public, they may only be held for the purposes specified in Article II, Section 11 of the Charter; and WHEREAS, one of the purposes for which an executive session may be held under the Charter is the purpose of consulting with attorneys representing the City regarding specific legal questions involving litigation or potential litigation and/or the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state or local law; and WHEREAS, Section 2-31 of the City Code reiterates the purposes for which executive sessions may be held; and WHEREAS, Subsection 2-31(a)(2), which deals with executive sessions pertaining to legal matters, authorizes “meetings with the City Attorney or other attorneys representing the City regarding litigation or potential litigation involving the City” without limiting such discussions to “specific legal questions”; and WHEREAS, because the language in Subsection 2-31(a)(2) might be construed as being in conflict with the City Charter, and because the City Charter is the organic law of the City and supersedes any conflicting provisions of the City Code, the City Attorney has recommended to the City Council that the wording of Code Section 2-31(a)(2) be amended to clarify that executive session consultations with attorneys for the City regarding litigation or potential litigation must be limited to the discussion of specific legal questions; 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 2.31(a)(2) of the Code of the City of Fort Collins is hereby amended to read as follows: (2) Meetings with the City Attorney or other attorneys representing the City regarding specific legal questions related to litigation or potential litigation involving the Packet Pg. 48 Attachment3.2: Ordinance No. 026, 2014 (SR 026 Executive Session Code Chg) - 2 - City and/or the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state or local law. . . . Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 49 Attachment3.2: Ordinance No. 026, 2014 (SR 026 Executive Session Code Chg) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Bob Adams, Recreation Director SUBJECT First Reading of Ordinance No. 029, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate sub-grant funds from the Poudre Valley Health System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO) for the Vida Sana program to eliminate racial and ethnic disparities among Latino/Hispanic community members. Specific interventions include increasing access to facilities providing physical activity; providing social support to increase physical activity; and implementing a communitywide campaign for increasing physical activity that will be carried out by partner agencies. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The sub-grant from CANDO will fund salaries to support a program coordinator, two program staff and exercise coaches who will be responsible for organizing and facilitating bilingual physical activity programming targeted for Latino/Hispanic community members at risk for chronic diseases. Additionally, funds will support supplies, operating costs and free passes for admission to the National Association of Counsel for Children Conference (NACC) for program participants. The attached Memorandum of Understanding expressly outlines the provisions for which the grant was awarded. The MOU requires appropriate reporting, recognition, and a commitment to execute the Agreement and all its terms and conditions. This MOU will guide staff through June 30, 2014 to successfully fulfill all aspects of the grant requirements. FINANCIAL / ECONOMIC IMPACT $78,044 will be available to support the program. $38,372 will be used for salaries for the Vida Sana Program Coordinator and 2 program staff, 2 assistants and exercise coaches. $34,060 will be available for supplies, operating costs, and to reimburse NACC for free pass admissions given to participants of the Vida Sana program. ATTACHMENTS 1. Memorandum of Understanding (PDF) Packet Pg. 50 Packet Pg. 51 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 52 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 53 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 54 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 55 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 56 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 57 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) Packet Pg. 58 Attachment4.1: Memorandum of Understanding (Vida Sana Grant) - 1 - ORDINANCE NO. 029, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE RECREATION FUND FOR THE VIDA SANA PROGRAM WHEREAS, the Recreation Department has received a grant from Poudre Valley Health System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO) for the Vida Sana program to eliminate racial and ethnic disparities among Latino/Hispanic community members; and WHEREAS, specific interventions include increasing access to facilities providing physical activity; providing social support to increase physical activity; and implementing a communitywide campaign for increasing physical activity that will be carried out by partner agencies; and WHEREAS, the grant totals $78,044, which includes funding for supplies, operating costs and free passes for admission to the annual National Association of Counsel to Children Conference for program participants; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Recreation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the Recreation Fund the sum of SEVENTY-EIGHT THOUSAND AND FORTY- FOUR DOLLARS ($78,044) for the Vida Sana program to eliminate racial and ethnic disparities among Latino/Hispanic community members. Packet Pg. 59 - 2 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 60 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Tessa Greegor, FCBikes Program Manager SUBJECT Items relating to FC Bikes Program. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 030, 2014, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the 2014 Fort Collins Bikes Program. B. First Reading of Ordinance No. 031, 2014, Appropriating Unanticipated Grant Revenue From Kaiser Permanente in the Transportation Services Fund for the 2014 Fort Collins Bikes Program. The purpose of this item is to request appropriation of unbudgeted grant funds received for the FC Bikes Program: (1) a Congestion Mitigation & Air Quality (CMAQ) grant (2014-2016) and (2) a Kaiser Foundation Health Plan of Colorado (KP) grant (2014). The City of Fort Collins’ FC Bikes Program received a $704,128 federal grant (CMAQ) through the Colorado Department of Transportation and the North Front Range Metropolitan Planning Organization. This is in addition to the City’s local match of $146,372, as appropriated in 2013 by City Council. In addition, the FC Bikes Program received a $94,100 private grant from Kaiser Permanente (KP) through a Walk & Wheel - Local Government grant. A local match is not required for the KP grant. Funding from both grants will support FC Bikes Program initiatives, allowing for the refinement and expansion of existing services, including enhancements to bicycle safety education programs, expansion of encouragement campaigns, and new bicycle promotion initiatives, while also supporting the development and implementation of the 2014 Fort Collins Bicycle Master Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Funding from both grants will be used to staff and operate the FC Bikes program through implementation of the services and projects outlined in Exhibit A of Attachment 1 (CDOT Grant Agreement) and Attachment 3 (KP grant application). Both scopes have been reviewed and approved by the appropriate entity (CDOT and KP) in accordance with the Congestion Mitigation & Air Quality and KP Walk & Wheel - Local Government funding program requirements respectively (Attachments 1 and 2). The City’s FC Bikes Program continues to be a regional and national leader in encouraging, educating, and planning for bicycling as a safe and attractive means of transportation. In 2013, the League of American Bicyclists designated Fort Collins as a “Platinum-level Bicycle Friendly Community”. In addition, the U.S. Census Bureau reported that bicycle commuters within the City of Fort Collins account for 7.9% of the overall commuting population (2012 American Community Survey). This is a relatively high percentage when compared to the national percentage of less than 1%. Despite a relatively high percentage of bicycle commuters in Fort Collins, a significant percentage of the population experiences barriers to bicycling. The funding received through KP and CMAQ will allow FC Bikes Packet Pg. 61 Agenda Item 5 Item # 5 Page 2 to implement initiatives to break down barriers to bicycling with the goal of increasing the comfort and safety of bicycling for people of all ages and abilities. The FC Bikes program will work with community partners including the City’s Safe Routes to School Program and the Bicycle Pedestrian Education Coalition to implement a variety of initiatives. Specific objectives of the grants include: Education and Encouragement (Seasonal Campaigns): FC Bikes will expand its educational and encouragement programs to promote safe bicycling for people of all ages and abilities. Bicycle Ambassador Program and Junior Ambassador Program: FC Bikes, in collaboration with the Bicycle and Pedestrian Education Coalition, launched the Bicycle Ambassador Program (BAP) in 2012. This is a comprehensive, volunteer-based bicycle safety education program for residents of Larimer County. This program has recruited and trained approximately 32 volunteers. Staff will develop, translate and print new materials, market and promote the program at a variety of events and venues to increase the number of BAP volunteers. In addition, FC Bikes will partner with Safe Routes to School and the Poudre School District to launch a Junior Bicycle Ambassador Program, creating and fostering growth of high school, middle school and elementary school bicycle activities. Open Streets Initiative: FC Bikes and partnering organizations will organize and implement car-free streets events to promote active transportation. FC Bikes will host two events in 2014, three events in 2015, and four events in 2016. Clean-Air Elementary School Challenge: In partnership with Safe Routes to School, FC Bikes will conduct in-school marketing and outreach at individual schools to encourage parents, teachers, and children to improve air quality levels through walking, bicycling, and turning off idling cars. Regional Coordination and Planning: With the adoption of the regional bike plan, FC Bikes will continue to work with regional partners (including the MPO and BPEC) to share best practices and resources, coordinate funding requests, implement the Regional Bike Plan and advance regional bicycle safety education initiatives. Funding will support hosting regional conferences and educational events (including guest speaker fees, educational and promotional materials, and regional ambassador outreach), regional trainings, and the hosting of a regional bike safety and education summit. End of Trip Facilities: FC Bikes will expand bicycle parking facilities throughout the community. Off-street and on-street bike parking facilities will be designed, purchased and installed with public and private partners. In addition, funding will be used to install bike repair stations and other end-of-trip facilities, as appropriate. Automated Bike Share: As a component of the City’s plans to expand and augment the City’s current Bike Library, FC Bikes will develop an operational and marketing plan for an automated bike share system. Funding through this grant will be utilized to develop a business, system and implementation plan, as well as for outreach, marketing and promotion to increase participation in the program. Bicycle Plan Update (2014): The City’s Bicycle Plan is scheduled for an update in 2013/2014. FC Bikes staff and consultants will evaluate existing conditions and identify deficiencies in the bikeway system, update the City’s proposed bikeway and wayfinding network and develop future recommendations to advance bicycling as a primary transportation mode in Fort Collins. Wayfinding system: A component of the Bike Plan update will include the development of a wayfinding system (including network planning, designing and purchasing of signage). City of Fort Collins bicycle map update: As part of the City’s Bike Plan update, a comprehensive set of data will be collected to evaluate existing conditions and to support the development of an up-to-date bicycle level of comfort map. Bicycle Count Technology: The City will implement an Eco-TOTEM bike counter that will count and visually display the number of cyclists passing by. The counter will detect cyclists in both directions and the total number of cyclists will increase in real-time, promoting and marketing bicycling to the general population. The Packet Pg. 62 Agenda Item 5 Item # 5 Page 3 Eco-TOTEM counter will be installed along a key bicycling corridor. Data will be tracked and displayed online as part of this program. Boltage Demonstration Project: Formerly referred to as the “Freiker” program, this program encourages children, parents, and teachers to bike to school using radio frequency identification (RFID) and an incentive program. One elementary school or one middle school will be selected each year. Funding will cover equipment costs, promotion and marketing. In addition to implementing and updating the City’s 2008 Bicycle Master Plan and 2011 Bicycle Safety Education Plan, these projects directly support the City Plan and the City’s Transportation Master Plan: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 - Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use FINANCIAL / ECONOMIC IMPACT Ordinance No. 30, 2014 appropriates $704,128 in Federal Congestion Mitigation & Air Quality (CMAQ) funds awarded to the City for the FC Bikes program for 2014, 2015 and 2016. This CMAQ funding provides 82.79% of the program budget ($850,500). The local matching funds required for this project have previously been approved by City Council. Ordinance No. 031, 2014 appropriates $94,100 in private Kaiser Permanente Walk & Wheel funds awarded to the City for the FC Bikes program for 2014. This KP funding does not require a local government match; however, it will supplement other FC Bikes Program funding to fully implement the initiatives identified in the grant. Appropriation of the Federal CMAQ grant will be non-lapsing funding, pursuant to Article V, Section 11 of the City Charter. Appropriation of the private KP grant will be lapsing funding and require re-appropriation to spend funds in subsequent budget years if not all grant funds are spent in 2014. Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of active transportation. Economic savings are a clear result when people shift away from motor vehicle use, particularly for short trips, and opt instead to bike. These savings are realized by both individual families as well as the larger community. Choosing to bike translates to personal savings for families through fewer car trips and reduced costs for vehicle maintenance and fuel. For the larger community, reduced automobile emissions combined with a more physically active populace translates to lower health-care costs by reducing the incidence of disease associated with physical inactivity and air pollution. Shifts to active transportation modes also impact the community’s economy through less wear and tear on roadways (reducing road maintenance expenditures) and higher home values in areas with less traffic congestion and air pollution. In addition, research has demonstrated the economic benefits associated with bike-friendly streets by providing increased access for people traveling by bike to access local businesses. ENVIRONMENTAL IMPACTS Public-health and environmental agencies are recognizing the connection between active transportation choices and improved health of both people and the environment. Packet Pg. 63 Agenda Item 5 Item # 5 Page 4 According to the Centers for Disease Control and Prevention (CDC): “Expanding the availability of, safety for, and access to a variety of transportation options and integrating health-enhancing choices into transportation policy has the potential to save lives by preventing chronic diseases, reducing and preventing motor-vehicle-related injury and deaths, improving environmental health, while stimulating economic development and ensuring access for all people.” With this goal in mind, the CDC has identified transportation policies that can have a profound positive impact on health. CDC supports strategies that can provide a balanced portfolio of transportation choices that supports health and reduces healthcare costs. Transportation policy can:  Reduce injuries associated with motor vehicle crashes;  Encourage healthy community design;  Promote safe and convenient opportunities for physical activity by supporting active- transportation infrastructure;  Reduce human exposure to air pollution and adverse health impacts associated with these pollutants;  Ensure that all people have access to safe, healthy, convenient, and affordable transportation. Bicycling contributes highly to the City’s environmental and health goals. The FC Bikes program encourages and educates residents, students, commuters, and visitors about the benefits of bicycling, while working across departments and with community partners to implement plans and projects to encourage bicycling. Specifically, by advancing opportunities for safe bicycling, the FC Bikes program helps reduce greenhouse gas (GHG) emissions while increasing physical activity opportunities across the community. PUBLIC OUTREACH The FC Bikes grant applications were developed by the City’s FC Bikes and FC Moves staff after consultation with key partners, including the Bicycle and Pedestrian Education Coalition and the City’s Safe Routes to School Program. The grants will support implementation of key programs and initiatives identified in the City’s 2008 Bike Plan and 2011 Bicycle Safety Education Plan, both vetted by key stakeholders, agency representatives and community members. In addition, the FC Bikes program receives public input on a regular basis through public presentations, e-mails, open house events, and phone calls. FC Bikes works to integrate citizens’ comments and suggestions into everyday operations. Public outreach will continue throughout the grant timeline. Feedback through program evaluations and through the Bike Plan update process will be used to refine current and future programs to be responsive to community needs. ATTACHMENTS 1. 2014 CMAQ FC Bikes (PDF) 2. KPCO Grant Agreement (PDF) 3. KP Grant Application (PDF) Packet Pg. 64 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 1 of 38 STATE OF COLORADO Colorado Department of Transportation Division of Transportation Development Congestion Mitigation and Air Quality (CMAQ) Grant Agreement with CITY OF FORT COLLINS TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ...................................................................................... 1 3. RECITALS ................................................................................................................................................................ 2 4. DEFINITIONS .......................................................................................................................................................... 2 5. TERM ........................................................................................................................................................................ 3 6. STATEMENT OF WORK ........................................................................................................................................ 4 7. PAYMENTS TO GRANTEE .................................................................................................................................... 4 8. REPORTING - NOTIFICATION ............................................................................................................................. 5 9. GRANTEE RECORDS ............................................................................................................................................. 6 10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................................... 6 11. CONFLICTS OF INTEREST .................................................................................................................................. 7 12. REPRESENTATIONS AND WARRANTIES ........................................................................................................ 7 13. INSURANCE .......................................................................................................................................................... 8 14. BREACH ................................................................................................................................................................. 9 15. REMEDIES ............................................................................................................................................................. 9 16. NOTICES and REPRESENTATIVES .................................................................................................................. 12 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................................. 12 18. GOVERNMENTAL IMMUNITY ........................................................................................................................ 12 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................................... 12 20. GENERAL PROVISIONS .................................................................................................................................... 13 21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 15 22. SIGNATURE PAGE ............................................................................................................................................. 17 23. EXHIBIT A ........................................................................................................................................................... 18 24. EXHIBIT B ........................................................................................................................................................... 25 25. EXHIBIT C ........................................................................................................................................................... 26 26. EXHIBIT D ........................................................................................................................................................... 28 27. EXHIBIT E ............................................................................................................................................................ 30 28. EXHIBIT F ............................................................................................................................................................ 31 29. EXHIBIT G ........................................................................................................................................................... 33 30. EXHIBIT H. .......................................................................................................................................................... 38 1. PARTIES This Grant (“Grant”) is entered into by and between CITY OF FORT COLLINS (“Grantee”), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Transportation Development (“State” or “CDOT”). Grantee and the State hereby agree to the following terms and conditions. 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (“Effective Date”). Except as provided in Section 7(B)(v), the State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. Packet Pg. 65 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 2 of 38 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110; 43-1-117, 43-1-224, 43-2-101(4)(c), 30-28-105, 29-1-203 MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149 and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose Having been awarded this Project under the current Statewide Transportation Improvement Plan (STIP), Grantee, who is responsible for the Continuing, Comprehensive, and Cooperative (3C) Urban Transportation Planning Process, desires to enter into a grant with CDOT to develop, implement, and monitor its Congestion Mitigation and Air Quality (“CMAQ”) Project for their Carbon Monoxide Nonattainment Area(s), financed by the use of Congestion Mitigation and Air Quality funds in accordance with FHWA and State policies. CDOT desires to enter into this Grant for such Services from Grantee by obtaining federal financial assistance for congestion mitigation and air quality programs through FHWA, provided that the project is performed in accordance with the terms and conditions contained in this Grant and in accordance with applicable federal laws and regulations. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget “Budget” means the budget for the Work described in Exhibit A. B. CMAQ “CMAQ” means Congestion Mitigation and Air Quality. C. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in §6 and §19. D. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work and Budget), Exhibit B (Supplemental Requirements for Exhibit A), Exhibit C (Payment and Billing), Exhibit D (Program Reporting-Notification-Monitoring Requirements), Exhibit E (Records-Additional Provisions), Exhibit F (Grantee Payment Checklist), Exhibit G (Supplemental Federal Provisions- FFATA), and Exhibit H (Billing Form). E. Federal Funds “Federal Funds” means the funds provided by the Federal Highway Administration (“FHWA”) and the Federal Transit Administration (“FTA”) to fund performance of the Work. F. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. Packet Pg. 66 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 3 of 38 G. Grant “Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. H. Grant Funds “Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant. I. Local Funds “Local Funds” means the funds provided by any Grantee to fund performance of the Work. J. Manual “Manual” refers to the CDOT Operating Manual for MPO Transportation Planning. K. Party or Parties “Party” means the State or Grantee and “Parties” means both the State and Grantee. L. Products “Products” means the work produced as a result of the Work for this Grant. M. Program “Program” means the Congestion Mitigation and Air Quality Program (CMAQ) grant program that provides the funding for this Grant. N. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6and Exhibit A. O. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. P. Subgrantee “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. Q. Work “Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services and delivery of the Goods. R. Work Product “Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on March 1, 2017 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two- month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. C. Other Modifications to Term The term may be extended beyond the period specified in Section 5A only by means of an amendment to this Grant. Packet Pg. 67 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 4 of 38 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before March 1, 2017. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. D. Federal Laws, Rules and Regulations If the Grant Funds involve federal funding, Grantee understands and agrees that federal laws, rules and regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to all State requirements. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $704,128, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 30 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 30 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 31st day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. Packet Pg. 68 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 5 of 38 iv. Erroneous Payments At the State’s sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. v. Retroactive Payments The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may adjust budgeted expenditure amounts up to 10% between activities of said Budget without approval of the State. Budget adjustments to activities exceeding 10% but less than 24.99% must be submitted in advance of actual cost and receive written State approval, which approval may be transmitted informally by email or such other means that does not rise to the level of an amendment to this Grant. A budget revision of Exhibit A will be issued by the State with any such adjustment. Adjustments in excess of 24.99% for any activity shall be authorized by the State in an amendment to this Grant which may also require an amendment to Exhibit A. Budget adjustments shall not increase the State’s total consideration beyond the maximum amount shown herein without an amendment to this Grant. D. Local Funds Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will be made for Project expenditures reported by Grantee and submitted to and accepted by the State for payment based on the ratio of Federal Funds and Local Funds as shown in Exhibit A, which Grantee has submitted to the State. E. Payment Compliance All Grant reimbursements shall comply with Title 49 Part 18 of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125, Appendix A. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual and/or Exhibit D. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. Packet Pg. 69 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 6 of 38 D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and State laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS. §24-72-101 et seq. Packet Pg. 70 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 7 of 38 A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in anyway, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain Packet Pg. 71 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 8 of 38 all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee’s liabilities under the GIA. ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability If Grantee or Subgrantee is using a vehicle to perform the Work described in Exhibit A, automobile Liability Insurance is required covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Packet Pg. 72 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 9 of 38 v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B) provided that the State may terminate pursuant to §15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. a) Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to Packet Pg. 73 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 10 of 38 properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State’s property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. b) Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may Packet Pg. 74 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 11 of 38 reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. c) Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Request removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. Packet Pg. 75 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 12 of 38 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Betsy Jacobsen Colorado Dept. of Transportation 4201 E. Arkansas Ave. Denver, CO 80222 Betsy.Jacobsen@dot.state.co.us B. Grantee: Tessa Greegor City of Fort Collins 281 N. College Ave Fort Collins, CO 80524 tgreegor@fcgov.com 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Grantee agrees to provide to FHWA and the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Government and CDOT purposes.All Work Product shall be delivered to the State by Grantee upon completion or termination hereof. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of theGIA, CRS §24-10- 101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24- 103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration process and Grantee’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee’s obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee’s obligations. Such performance information shall be entered Packet Pg. 76 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 13 of 38 into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance, which shall include monitoring the Work of Subgrantees. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA., or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Packet Pg. 77 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 14 of 38 Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit G (Federal Supplemental Provisions), ii. Federal laws and regulations, iii. Colorado Special Provisions, iv. The provisions of the main body of this Grant, v. Exhibit C (Payments and Billing) vi. Exhibit A (Scope of Work and Budget), and vii. Additional Exhibits in order as they appear J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. Packet Pg. 78 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 15 of 38 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5) Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 USC §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Packet Pg. 79 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 16 of 38 I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4 [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101 [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101 Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Packet Pg. 80 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 17 of 38 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE CITY OF FORT COLLINS By: ____________________________________________ Print Name of Authorized Individual Title: ___________________________________________ Print Title of Authorized Individual __________________________________________ *Signature Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Transportation Donald E. Hunt – Executive Director ______________________________________________ By: Donald E. Hunt, CDOT Executive Director Signatory avers to the State Controller or delegate that Grantee has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules Date: _________________________ 2nd Grantee Signature if Needed By: Print Name of Authorized Individual Title: ____________________________________________ Print Title of Authorized Individual ______________________________________________ *Signature Date: _________________________ LEGAL REVIEW John W. Suthers, Attorney General By:_______________________________________________ Signature - Assistant Attorney General Date: _________________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Colorado Department of Transportation Date:_____________________ Packet Pg. 81 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 18 of 38 23. EXHIBIT A – SCOPE OF WORK AND BUDGET CMAQ FY (2013‐15, NFRMPO) (City of Fort Collins, FC Bikes) As of (September 30, 2013) Project Title (Use the same title as in your CMAQ application.) FC Bikes Contact Information (The agency name and key person responsible for managing and implementing the project.) City of Fort Collins Tessa Greegor Agency Name City of Fort Collins Agency Address (include city, state, zip) 281 N College Ave, Fort Collins, CO 80524 Program Manager Phone Number 970-416-2471 Program Manager E-mail tgreegor@fcgov.com Program Manager Fax Number 970-224-6057 Congressional District 4th Program Overview Summary (Provide a short, no more than one paragraph, summary of your project – what is the objective of your project and how do you plan to implement it? The purpose of the FC Bikes program is to change people’s transportation habits from driving alone to riding a bicycle for transportation. The Program promotes cycling as a safe and attractive means of transportation through shared resources and best practices with the northern Colorado region; educating the public on bicycle safety; creating awareness around bicycling as viable mode of transportation; and developing partnerships to expand bicycle education and promotion throughout the community in order to get more people riding. Program Overview Details Who is your key target audience? Residents of northern Colorado, including school-aged children, college-aged students, business employees, seniors and motorists. Where will your project take place? Fort Collins and northern Colorado What is the general time-frame of your project? (i.e. during the school year; on-going throughout the year, etc.) Ongoing, through December 2016 What are the key tasks of your project? (Consider these measurements of progress – what are the steps you’ll be taking to implement your project?) 1) Education and Encouragement Utilizing the strength of numerous community partners, FC Bikes will co-develop and co-produce events and programs to encourage residents to replace motorized vehicle trips with bicycle trips on a daily basis. The programs will include: a. Seasonal Campaigns: i. “Roll into Spring” (April): Spring events promote the Bicycle Ambassador Program: Trail-side tent events (education, outreach and promotion); Family Bike Rodeo; CSU Pedal for Pizza; Lunch and Learn bike safety presentation for businesses; Overland Mountain Bike Club trail day. Funding will cover CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 19 of 38 series, CSU campus education and encouragement events; Walk or Bike a Child to School Day; Lunch and Learn presentations. Funding will cover outreach, promotion and marketing, website development and instructor fees. iv. “Bike Winter” (December): Events include: Winter Bicyclist Support – update and disseminate bicycle resources such as snow route removal map, bike hazard reporting information, and winter riding tips; Lunch Talk; Light up the Night; Winter Cycling 101 Clinic; Winter Bike to Work Day and Winter Bike to Work Worksite Challenge. Funding will cover outreach, promotion and marketing, printing costs, and instructor fees. b. Bicycle Ambassador Program – FC Bikes, in collaboration with the Bicycle and Pedestrian Education Coalition, launched the Bicycle Ambassador Program (BAP) in April 2012. This is a comprehensive, volunteer-based bicycle safety education program for residents of Larimer County. This program has recruited and trained approximately 32 volunteers (as of June 2013). In an effort to maintain and increase the effectiveness and reach of the program, we will develop, translate and print new materials, market and promote the program at a variety of events and venues to increase the number of BAP volunteers, and provide support to the Bicycle Pedestrian Education Coalition to further expand the BAP. Funding will also support individualized marketing efforts to residents of Fort Collins through BAP volunteers, and BAP instructor fees. c. Open Streets Initiative – FC Bikes and partnering organizations will organize and implement car-free streets events to promote bicycling, walking, skateboarding, rollerblading, safety, and exercise. FC Bikes will host two events in 2014, 3 events in 2015 and 4 events in 2016. Funding will support consultant fees for planning, marketing, promotion and implementation of the Open Streets events. d. Clean-Air Elementary School Challenge – In partnership with Safe Routes to School, we will conduct in-school marketing and outreach to Principals at individual schools to encourage parents, teachers, and children to improve air quality levels through walking, bicycling, and turning off idling cars. Resources from the Clean Air Campaign will be utilized. Staff will collect baseline data about the amount of time that cars idle in school drop-off zones before and after the campaign. In addition, bicycle and pedestrian counts will be conducted at the beginning and end of the semester for each of the four elementary schools (out of 25 elementary schools) that participate each year. Funding will support in-school marketing, signage and promotion, data collection interns, and equipment. e. Junior Bicycle Ambassador Program – FC Bikes will partner with Safe Routes to School and the Poudre School District work with parents, students, and teachers to launch a Junior Bicycle Ambassador Program, creating and fostering growth of high school bicycle activities. High school students will be encouraged to help with Safe Routes to School programming and mentor younger students about how to ride safely to school, so they are seen as role models. We will coordinate classes and the mentorship program to increase bicycle education and bicycling in elementary schools and high schools. Funding will cover marketing, promotion, equipment (t-shirts and safety vests) and instructor fees. f. Safety and promotional items: lights, bells and stickers. Funding will cover the purchase of lights, bells and stickers to support all education and encouragement events. All will be branded with “FC Bikes.” Packet Pg. 83 CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 20 of 38 2) Trainings and Conferences FC Bikes staff will attend trainings hosted by Colorado Department of Transportation, American Association of State Highway and Transportation Officials, National Association of City Transportation Officials, American Planning Association, Association of Pedestrian and Bicycle Professionals, League of American Bicyclists, and other bicycle professionals. We intend to attend the following trainings/conferences: APA (2014, 1 staff); Colorado Bicycle Summit (2 staff, annually); Pro walk Pro Bike (2014, 2 staff); National Bike Summit (1 staff, 2014, 2016) and other local AASHTO/NACTO trainings. 3) Regional Coordination and Planning FC Bikes helped coordinate a regional committee focused on advancing best practices and developing the regional bike plan. With the adoption of the regional bike plan, FC Bikes will continue to work with regional partners (including the MPO) to support quarterly meetings in order to share best practices and resources, coordinate funding requests, and implement the Regional Bike Plan. Funding will support hosting regional conferences and educational events (including guest speaker fees, educational and promotional materials, and regional ambassador outreach), regional trainings, and the hosting of a regional bike safety and education summit. 4) End of Trip Facilities FC Bikes will continue to expand bicycle parking facilities throughout the community. Off-street and on-street bike parking facilities will be designed, purchased and installed with public and private partners. In addition, we will install bike repair stations and other end-of-trip facilities, as appropriate. Funding will cover the purchase of approximately 25 bicycle racks (of varying styles) and 6 bike fix-it stations. Fix-it stations are permanent bike pump and tool stations located at common bike areas. 5) Automated Bike Share As a component of the City’s plans to expand/augment the City’s current Bike Library, FC Bikes will develop an operational and marketing plan for an automated bike share system. Funding will be utilized to develop a business, system and implementation plan, as well as for outreach, marketing and promotion to increase participation in the program. 6) Bicycle Planning, Facilities, & Design We will assess existing conditions, identify deficiencies, and make improvements for safer cycling. Projects include, but are not limited to the following: Update the 2008 Bicycle Master Plan: The City’s Bicycle Plan is scheduled for an update in 2013/2014. FC Bikes staff and consultants will evaluate existing conditions and identify deficiencies in the bikeway system, update the City’s proposed bikeway and wayfinding network and develop future recommendations to advance bicycling as a primary transportation mode in Fort Collins. Wayfinding system: A component of the Bike Plan update will include the development of a wayfinding system (including network planning, design and purchasing of signage). Funding will support sign purchase. City staff will do the installation. Update the City’s Bicycle Map: As part of the Bike Plan update, a comprehensive set of data will be collected to evaluate existing conditions and to support the development of an up-to-date bicycle level of comfort map. The bike map will be distributed throughout the community at events, local businesses, bike shops, and along trails and at parks. Funding will support map design and printing costs. Packet Pg. 84 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 21 of 38 Bicycle Count Technology: Through an inter-departmental effort, the City will implement an Eco-TOTEM bike counter that will count and visually display the number of cyclists passing by. The counter will detect cyclists in both directions and the total number of cyclists will increase in real-time, promoting and marketing bicycling to the general population. The Eco-TOTEM counter will be installed along the City’s first bicycle boulevard to further promote bicycling along this corridor. Data will be tracked and displayed online as part of this program. Boltage Demonstration Project: Formerly referred to as the “Freiker” program, this program encourages children, parents, and teachers to bike to school using radio frequency identification (RFID) and an incentive program. One elementary school or one middle school will be selected each year. Funding will cover equipment costs, promotion and marketing. 7) Program Evaluation (see below) Evaluation How will you evaluate the effectiveness of your program? (It is not acceptable to simply say the project will be evaluated upon completion – please provide as much information as possible regarding the type of evaluation, the type of data you’ll be collecting, how you’ll collect and evaluate it, the timeframe you’ll be conducting evaluations, etc.) All events, campaigns, programs, and facilities will include an evaluation component to determine if people are biking more, if bicycle safety is improving and if our efforts are leading to increased knowledge about safe bicycling in the community. Ultimately, our primary goals are to increase the number of people riding and to improve safety for all roadway and trail users. FC Bikes will use the following evaluation program to determine if we are reaching our goals: 1. Participation: the end goal of our program is to increase the number of people bicycling in the community and surrounding region. To measure this, we will do the following: a. Conduct annual bicycle counts: The City of Fort Collins has a comprehensive bicycle count program which includes volunteer counts at trails and intersections, 12 permanent trail counters, and intersection counts collected through the City’s Traffic Operations division. This data, in addition to future data collected through the Eco-TOTEM and Bike Share program, will be used to track the increase in bicycling over time (along with gender, helmet use and trip mileage). b. Track program participation: We will collect counts on Bike to Work Day, track participation in encouragement programs like the Employee Worksite Challenge, and track the number of people we are reaching through the Bicycle Ambassador Program and Safe Routes to School programs. c. Utilize participant surveys: surveys will also be used to determine if participants have increased their level of bicycling as a result of the program. For example, a post-survey will be conducted for our Employee Worksite Challenge to determine if participants biked more frequently as result of the program. 2. Bicycle Safety: to determine if our program has had a positive impact on bicycle safety in Fort Collins and the region, the following will be measured: a. Bicycle collision data b. We will track the number of people we are reaching through our CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 22 of 38 the number of people participating in regional challenges. 4. CO2 Reduction: as components of the Clean-Air Elementary Challenge and the Boltage Demonstration Project, we will be able to collect data regarding vehicle idling at target schools in conjunction with bicycle and pedestrian count and trip information. This data will allow us to predict environmental benefits due to more bicycling and walking (and reduced idling in school zones). Partnerships Please list any organization that is a pertinent partner with you in this project. The key partners associated with implementing this program include: ‐ City of Fort Collins (Safe Routes to School, Traffic Operations, Engineering, and GIS) ‐ Colorado State University ‐ Bicycle Advisory Committee ‐ Bicycle Pedestrian Education Coalition ‐ FC Bike Library/Bike Fort Collins ‐ NFRMPO ‐ Poudre School District REVISED BUDGET Budget Overview Year 1 Year 2 Year 3 Total Total Project Cost $850,500 CMAQ Federal Funds $704,128 Agency Local Match (include overmatch) $146,372 Match Percentage of overall project 17.21% Are you using in-kind for any portion of your local match? No Budget Details Salaries/Benefits/Admin Total $408,541 1) FC Bikes Program Manager 75% FTE (1,560 @ approx. $46/hr. including benefits) $67,652 $72,152 $74,106 $213,910 2) FC Bikes Program Specialist 75% FTE (1,560 @$32/hr. including benefits) $49,160 $50,248 $51,543 $150,951 3) FC Bikes Intern 20 hrs/week @$14/hr $14,560 $14,560 $14,560 $43,680 Education and Encouragement $188,000 Seasonal Campaigns $45,000 Funding will cover the implementation of seasonal education and encouragement campaigns, including Roll into Spring, Bike Summer, Bike Fall and Bike Winter. Specifically, funds will be used for promotion, marketing and outreach, purchase and printing of materials (including banners and posters), and class instructor and speaker fees. Bicycle Ambassador Program $45,000 Funding will cover promotional and marketing materials, development, purchase and printing of educational materials, translation, equipment costs – specifically, safety vests and t-shirts (as uniforms) for BAP volunteers (est. $600/year), and BAP instructor fees. In addition, funding will be allocated to the Bicycle Pedestrian Education Coalition to provide BAP coordination and outreach. Open Streets Initiative: consultant fees $40,000 FC Bikes will host two Open Streets events in 2014, 3 events in 2015 and 4 events in 2016. Funding will support event planning, marketing and outreach of the Open Streets events. CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 23 of 38 Funding will support production and distribution of outreach materials and event implementation costs. Clean-Air Elementary School Challenge $6,000 Funding will support in-school marketing, signage and promotion and class instructor fees. Junior Bicycle Ambassador Program $20,000 Funding will cover marketing, promotion, equipment – specifically, t-shirts (as uniforms) and safety vests (est. $600/year), and instructor fees. Promotional and safety items: Lights, bells and stickers $12,000 Funding will cover the purchase of lights, bells and stickers to support all education and encouragement events. All will be branded with “FC Bikes.” Trainings/Conferences $15,000 FC Bikes staff intends to attend the following trainings/conferences: APA (2014, 1 staff); Colorado Bicycle Summit (2 staff, annually); Pro Walk Pro Bike (2014, 2 staff); National Bike Summit (1 staff, 2014, 2016) and other local AASHTO/NACTO trainings. Regional Bicycle Coordination $30,000 Funding will support hosting of regional conferences, safety summits, trainings and educational events (including guest speaker fees, educational and promotional materials, and regional ambassador outreach). End of Trip Facilities $29,000 Bike Racks $24,000 Funding will cover the purchase and installation of approximately 25 bicycle racks (of varying styles). Bike Fix-it Stations $5,000 Funding will cover the purchase and installation of 6 bike fix-it stations. Fix-it stations are public bike pump and tool stations located at common bike areas. Automated Bike Share System $80,000 Marketing, outreach and promotion $20,000 Funding will be utilized for marketing, outreach and promotion. Consultant fees $60,000 Funding will be utilized for consultant fees to develop a business, system and implementation plan Bicycle Planning, Facilities and Design $57,959 Update the 2008 Bicycle Master Plan: Consultant fees $25,000 Funding will be used for consultant fees to evaluate existing conditions and identify deficiencies in the bikeway system, update the City’s proposed bikeway network and wayfinding network and develop future recommendations to advance bicycling as a primary transportation mode in Fort Collins. Update the 2008 Bicycle Master Plan: Marketing and promotion $8,000 Funding will cover marketing and promotion materials to support the Bike Plan update. Wayfinding system $14,959 Funding will support sign purchase. City staff will do the installation. Update the City’s Bicycle Map $10,000 Funding will support map design and printing costs. Evaluation $42,000 Bicycle Counters (eco-counter) $20,000 Funding will support equipment (totem counter) purchase and installation Boltage Demonstration Project $22,000 Funding will cover equipment costs – specifically, Boltage system hardware (Zap Hardware), promotion and marketing. Each Boltage Unit costs approximately $5,090. Additional funding will cover promotion and marketing costs. Total sum $850,500 Packet Pg. 87 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 24 of 38 Timeframe Year 1 Year 2 Year 3 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 Roll Into Spring x xxx x x x Bike Summer x x xx xxxx x x xx Bike Fall x x xx xx Bike Winter x x xx xx B. Ambassador P. x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx Sunday Bikeways x xx xxx Clean-Air x xx x x x x x x x J. Amb. Program x x x x xxxxxx xxxxxx x x x x xxxxX Trainings x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx Regional Coordination x x x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx End of Trip Fac. x x x xxx xxX Auto. Bike Share xxxxxxxxxx Bicycle Facilities x x xx x x x xxxxxxxxxxxxxx x x x xxxxxxxx 2013 Bike Plan x x xx x x x x Bicycle Counters xx xx x x xx Boltage xxx x x x CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 25 of 38 24. EXHIBIT B – SUPPLEMENTAL REQUIREMENTS FOR EXHIBIT A A. Work Per 23 C.F.R. 420.111, GRANTEE shall complete the Work and other obligations as described herein and Exhibit A. Work performed prior to the Effective Date or after the Termination Date shall not be considered part of the Work. GRANTEE shall take all reasonable steps to carry out all activities described and identified in the Scope of Work. The Scope shall include an estimation of anticipated benefits from each program submitted, a Budget, the activity purpose, objectives, major tasks, timeline of expected completion, and an Evaluation process to determine the success of each activity stated in the Scope. In addition, GRANTEE shall be responsible for: 1.) The initial design and implementation of its congestion mitigation and air quality program as outlined in the current TIP; 2.) Monitoring and Evaluating the program effectiveness; 3.) The promotion of congestion mitigation and air quality program(s) by employers; 4.) Submittal of an annnual report to CDOT; and, 5.) Submitting annual results to CDOT through the CMAQ Reporter. B. Notice Grantee shall not commence Work until the date specified by a written notice, which may be electronic, and shall complete the Work within the period specified in the Grant unless the period or terms thereof are extended according to this Grant. C. Staff/Consultant Services GRANTEE shall be responsible to select staff/consultant Services in compliance with all applicable federal procurement requirements including 23 CFR 172 and 49 CFR Part 18. Any Request for Proposal (RFP) used by GRANTEE to secure consultant Services must be reviewed by CDOT before GRANTEE releases the RFP. CDOT shall have 15 calendar days from the date of receiving the RFP in which to return comments. Responses to CDOT’s comments will be provided by GRANTEE within 15 calendar days of receipt of the comments. GRANTEE shall notify CDOT before executing any contract for consultant Services which utilizes Grant funding. D. Scope Amendment Grantee shall amend Exhibit A in accordance with the terms of this Grant, when: 1.) Reallocating funds between activities in Exhibit A, as permitted pursuant to §7(C); and 2.) Adding or deleting activities listed in Exhibit A to reflect authorized reallocations permitted pursuant to §7(C). If any changes to Exhibit A (i) require an increase or decrease to the maximum amount of this Grant, (ii) change the term of the Grant, or (iii) exceed the 24.99% threshold in §7(C) for any activitie, the Parties must amend this Grant prior to such change being effective. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Packet Pg. 89 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 26 of 38 25. EXHIBIT C – PAYMENTS AND BILLING CDOT shall, in accordance with the provisions of §7, pay Grantee in the amounts and using the methods set forth below: 1. Limited Availability of Funds The amount of Federal Funds available to pay for theWork performed by Grantee in any one year is limited by the amount of the allocated funds, made available through 23 USC § 104 (b)(3) and (f) as amended, and 49 USC 5303 as amended. 2. Additional Funds Use CMAQ Federal Funds shall be used only to reimburse Grantee for eligible allowable costs incurred and Grantee shall be solely responsible for all costs incurred that are either not allowable or which exceed the funds available in the Grant as identified herein and/or in the Exhibit A. 3. Invoices A complete invoice will include the applicable items in Exhibit F – Grantee Payment Checklist 01/19/2011. 4. Billing, Reimbursement, and Allowable Costs A. Reimbursement The Parties hereto expressly recognize that the Grantee is to be paid, reimbursed, or otherwise compensated with funds provided to CDOT by the U.S. Department of Transportation for the purpose of completing the Work and therefore, the Grantee expressly understands and agrees that all its rights, demands, and claims to compensation arising under this Grant are contingent upon receipt of such funds by CDOT. B. Allowable Costs CDOT shall not be obligated to use State funds under this Grant. CDOT’s use of Federal Funds shall be to reimburse Grantee for allowable costs incurred by Grantee , as defined in this Grant. Grantee shall be solely responsible for all costs incurred which are either not allowable or which exceed the funds available in the Grant. C. Allowable and indirect costs Allowable and indirect costs may include but are not limited to those listed in 2 CFR 225, 2 CFR 220, 2 CFR 230, 49 CFR Part 18, or State Fiscal Rule 2-7: “Official Functions and Training Functions,” whichever may apply. However, such costs shall be limited to those costs determined by the CDOT as necessary to directly carry out the Work for this Grant. In determining the amount of allowable costs, CDOT will exclude: a) Any costs incurred by the Grantee before the execution of the Grant. b) Any costs incurred by the Grantee that are not included in Exhibit A. c) Any cost incurred by the Grantee after the termination date of this Grant as amended. d) Memberships, subscriptions, and professional activities, which do not meet the following requirements: (1). Costs of membership in civic and community, social organizations are allowable as a direct cost with the approval of the federal-awarding agency; (2). Costs of subscriptions to business, professional, and technical periodicals; (3). Costs of meetings, conferences, and conventions where the primary purpose is the dissemination of technical information, including meals, transportation, rental of meeting facilities, and other incidental costs; or (4). Costs of memberships in business, technical, and professional organizations. However, costs of membership in organizations substantially engaged in lobbying are not allowed and thus unallowable. e) Official Function Expenditures (as defined by Rule 2-7 of the Colorado State Fiscal Rules), which do not qualify as a meeting, conference, meal or other function that is Packet Pg. 90 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 27 of 38 hosted by the MPO or Grantee staff and attended by guests and/or other MPO or Grantee personnel, and held for official MPO or Grantee business. Expenditures incurred for official functions shall be approved by the responsible MPO or Grantee official. D. Disallow Costs CDOT has the right to disallow any costs incurred by the Grantee, which are not consistent with this Grant, or on any activity not in compliance with the authorized Work. E. Reimbursement Waiver Grantee agrees that reimbursement of any cost under this Grant does not constitute a final CDOT decision about the allowability of the costs and does not constitute a waiver of any violation by Grantee of the terms of this Grant. F. Certification Upon submitting request for reimbursement, the designated representative of the Grantee has certified that: a) The costs are allowable, and therefore reimburseable; b) The expenditure amount for that time period is correct; c) The agreed upon Work has been performed and/or Work Product has been produced; d) All Requests for Proposals and/or Requests for Qualifications have been forwarded to CDOT for review and comment; and e) Reimbursements are being requested in accordance with the terms of this Grant. G. Expenditures Along with the form requesting reimbursement, the Grantee shall include expenditures of Federal Funds for Work. The information shall contain: i. Budgeted amount; ii. Expenditures for current billing cycle and year-to-date; iii. Unexpended balance after current cycle; iv. Percent expended year-to-date; and v. Copies of Subcontractors invoices, if applicable based on agency tier. H. Invoice CDOT shall pay the Grantee’s voucher for expenditures incurred in performance of Work, up to the maximum amount described in §7, and elsewhere in this Grant, subject to conditions specified herein, within 30 days of receipt. I. Documentation The Grantee shall include documentation of expenses of Federal Funds for CMAQ Work. Such information shall include but not be limited to the items listed in this Exhibit and Exhibit F of this Grant as proof of documentation. For purposes of this Grant, a copy of each required invoice shall be forwarded to the Division of Transportation Development-Business Office, along with a notice to the Program Manager that the invoice has been sent to the Division of Transportation Development- Business Office c/o Business Manager at: 4201 Arkansas Ave., Shumate Building, Denver, CO 80222 J. Reimbursement Method and Time Grantee shall request reimbursement from CDOT for the eligible allowable cost of CMAQ funds for eligible Work, and other costs as described in section 8 of this Grant, incurred during the grant fiscal year within the limits of this Grant in compliance with federal and State law and other applicable regulations. Reimbursement requests shall be submitted by the Grantee to CDOT monthly, or quarterly, and will be reimbursed based on the ratio between Local Funds and Federal Funds in Exhibit A, which shall not exeed the totals in Section §7(A) of this Grant. K. Tier Classification The Grantee will provide documentation of claimed expenses with each reimbursement request as appropriate for their assigned tier classification. Packet Pg. 91 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 28 of 38 26. EXHIBIT D – PROGRAM REPORTING-NOTIFICATION- MONITORING REQUIREMENTS Reports, Evaluations, and Reviews required under Sections 8 and 9 and this Exhibit, shall be in accordance with the procedures as prescribed by the CMAQ guidance and the State. A. Annual Report-CMAQ Reporter Grantee shall be responsible to coordinate with its MPO to submit an annual report using the “CMAQ Reporter”, describing, in detail, the performance of the Work and the extent to which the use of alternative modes of transportation and/or improvement in air quality were increased during the contract period as a result of the program. GRANTEE shall be responsible for tracking, gathering, maintaining, and reporting of CMAQ nonattainment or maintenance area program activities by category, which will include emission reduction estimates and activity costs. B. Final Report Within 30 days after the end of the Program Period, GRANTEE will provide to CDOT a final accomplishment report of the activities performed under this Contract for the completed fiscal year. It shall include, but not be limited to: 1.) Final accomplishments by activities; and 2.) Status of uncompleted products; and 3.) Accomplishment of performance measures; and 4.) Actual expenditures for the Program Period C. Reporting Guidance Reporting made for the purposes of this Agreement and its activities shall be done in accordance with 23 CFR 420.117, 450 and 49 CFR Part 18 and Part19, and any supporting sections or amendments. The provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to GRANTEE or the State. D. Monitoring In accordance with 49 CFR Part 18.40 and other applicable standards, the State will monitor all the activities conducted by GRANTEE pursuant to the terms of this Agreement to assure that the Scope is being performed consistent with supporting federal laws and regulations, as amended, to enable the preparation and submission of appropriate reports that will contain at a minimum: 1.) Comparison of actual performance with established goals during the program and once the program is complete; 2.) Progress in meeting schedules; 3.) Comparison of budgeted (approved) amounts and actual costs incurred; 4.) Cost variances to budget; 5.) Approved program revisions; and 6.) Other supporting data E. Performance, Progress, Personnel, and Funds In responding to these requirements, CDOT will utilize the following steps and procedures to ensure that assigned responsibilities are carried out: 1.) Monitoring Documents CDOT will use the current Scope of Work, and supporting documentation, in reviewing the progress being made by GRANTEE to meet the commitments in this Contract. The Scope of Work must include all activities, deliverables, and performance measures, and Budgets committed to by GRANTEE. Packet Pg. 92 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 29 of 38 2.) Monitoring Meetings Meetings between Department and GRANTEE representatives will be conducted at CDOT’s discretion for the purpose of reviewing progress, resource allocations, and billings. 3.) Progress and Financial Reports CDOT will prepare and submit progress and financial reports to the appropriate federal agencies. F. Noncompliance Any product that GRANTEE has committed to in the Scope of Work not produced and justification not provided in a timely manner in accordance with this §9, may result in the delay of payment of funds and/or termination as provided under this Agreement. Along with Section 8 of this Grant and in accordance with 49 CFR 18.43, the following steps will be implemented by CDOT: 1.) CDOT representative will meet with GRANTEE representative to discuss performance. 2.) The CDOT representative will report the progress to the CDOT Division of Transportation Development Director. 3.) The Director will issue a decision as to whether performance is satisfactory or unsatisfactory. If performance was determined to have been unsatisfactory, CDOT shall determine if a reduction in allocation is appropriate. GRANTEE will be notified of any decisions made by CDOT. G. Subgrants Along with Section 8 of this Grant, Grantee is responsible for monitoring the work activities of subgrantees. H. Additional Requirements for Rights in Data, Documents, and Computer Software Whenever possible, published material shall acknowledge the financial participation of CDOT and/or the FHWA and other agencies contributing funding to the Work Product. Any published material acknowledging the contribution of the FHWA shall include the federal disclaimer statement: “FUNDED BY THE FHWA”. Published materials include any non-internal documents, reports, maps, photographs, computer software, or like materials that are intended to be viewed by those outside of CDOT, and Grantee. Patents: In addition to the standard patent rights clauses of 37 C.F.R. §401 et. al, and other applicable laws and regulations, CDOT, Grantee, and either party’s subrecipients are subject to the provisions of 37 CFR part 401, governing patents and inventions whereby “The subgrantee or Grantee will retain all rights provided for the State in this clause, and the State will not, as part of the consideration for awarding the subgrant or contract, obtain rights in the subgrantee's or Grantee's subject inventions.” RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Packet Pg. 93 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 30 of 38 27. EXHIBIT E – RECORDS (additional provisions) GRANTEE shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee and any Subgrantees shall maintain all books, records, and other documentation pertaining to authorized Work and to completely substantiate all costs incurred and billed to CDOT during the Grant term and for a period of three (3) years from the date of closure of the project under the terms of this Contract. These records shall be made available for inspection and audit to CDOT, FHWA, FTA or the Comptroller General of the United States, and copies thereof shall be furnished, if requested. Grantee shall include this record keeping/audit requirement in any Subgrant with any Subgrantee employed to perform Work by expressly requiring the Subgrantee to comply with this requirement. B. Inspection of Grantee In accordance with Section 9, the State and FHWA are specifically authorized to review and inspect at all reasonable times all such records and all technical and financial aspects of theWork. FHWA will arrange such review and inspections through CDOT. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extension period. C. A-133 In accordance with the provisions of OMB Circular No. A-133: “Audits of States, Local Governments, and Nonprofit Organizations”, all nonfederal entities including state and local government and non-profit organizations, receiving more than $500,000 from all federal financial assistance funding sources, shall comply with the audit requirements of A-133 (see also, 49 CFR 18.26). Compliance with A-133 is required in the following manner: a) If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. c) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. d) Single Audit can only be conducted by an independent auditor in accordance with generally accepted government auditing standards covering financial audits (49 CFR 18.26). An audit is an allowable direct or indirect cost. D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to CDOT or its principal representative at the address specified herein. Packet Pg. 94 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 31 of 38 28. EXHIBIT F – GRANTEE PAYMENT CHECKLIST This checklist is to assist the Grantee in preparation of its billing packets to CDOT. This checklist is provided as guidance and is subject to change. All items may not apply to your particular entity. CDOT’s goal is to reimburse Grantees as quickly as possible and a well organized and complete billing packet helps to expedite payment. Invoice from local entity (Tier I and some Tier IIs)  Project and Project Code  Project Location  Invoice number and billing date  Previous Billed, Current Billing, and Billed to date  Local Agency Costs  Consultant or Sub-grantee costs  Federal portion  Local portion  Net payment due  Signature of local entity representative Copies of invoices from local agency contractors (Tier I and some Tier IIs)  The specific document the contractor used to invoice the local agencies. The local agency is responsible for ensuring that the backup matches the invoice and is eligible for reimbursement.  If the local agency pays the contractor a discounted amount, the full amount cannot be reimbursed to the local agency, only the discounted amount, less the local agency match.  Please ensure all payment vouchers from the local agencies state “ok to pay” or some notation of when paid or approved by, etc.  Invoice(s) should match check amounts.  A CDOT employee knowledgeable about the work being invoiced has to approve the local agency invoices in order for CDOT to make payments; the invoice must be paid within 45 days of receipt according to state statute.  Statements are not acceptable in lieu of an invoice. Copies of checks (Tier I and Some Tier IIs)  All of the following are acceptable - copies of checks, check registers, approved accounting system generated expenditure ledgers showing check number or Electronic Funds Transfer (EFT) and date paid.  CDOT needs to ensure that expenditures incurred by the local agencies have been paid by the local agency to their contractors, before CDOT is invoiced by the local agency.  It is against DOT rules to bill CDOT before local agency contractors are paid. Expenditure ledger (Tier I, II and III)  An expenditure ledger needs to be submitted of the local agency’s financial accounting system displaying the accounting coding of all incurred expenditures that are eligible for reimbursement.  CFR 49 part 18 Section 18.20 Standards for financial management systems requires the local agencies to have approved accounting systems so this should not be difficult to generate by project. The expenditure report is a good summary page if there is substantial documentation.  If the local agency has copies of the invoice(s) and check(s) you do not need the expenditure ledger also, but the invoices must be marked as approved for payment. Packet Pg. 95 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 32 of 38  If the approved accounting system expenditure report is provided, this shows all of the expenditures so there is no question of whether these were paid. Excel spreadsheets are not approved expenditure reports except in a few programs. Time sheets (Tier I and some Tier IIs)  DOT requires all employees working on projects to provide time sheets with a breakdown of hours worked by day displaying all projects worked for the day, week, month or time collection period. The time sheet must also be signed or approved either in ink or electronically.  Backup documentation for payroll expenses includes the time sheet and an hourly or salary rate or a payroll ledger indicating hours, wages, and benefits. The rate only needs to be submitted once and will be referred to for future invoices.  If there is sensitive information such as social security number or addresses, please block that information.  If the local agency uses a temp agency and submits the invoice from the temp agency for reimbursement, CDOT needs the same documentation the agency would use for approval before the local agency paid the temp agency.  If the local agency used a quarterly or semester based system of timekeeping, the local agency cannot bill monthly for payroll expenses (this is especially true for colleges and universities). The local agency needs the backup from the timekeeping system and payroll records which would allow the local agency to bill quarterly or by semester. In kind matches – If an entity wishes to use in-kind match, it must be approved by CDOT prior to any work taking place. (All Tiers)  If an in kind match is being used for the local match the in-kind portion of the project must be included in the project application and scope of work attached to the contract or purchase order. FTA does not require pre- approval of the use of in-kind, but CDOT does.  Expenditure ledger from local agency must also show the in kind match in their general ledger. CDOT needs a copy of this general ledger showing the in kind match.  If the local agency is using in kind match on invoices to CDOT, they need to attach a drawdown page indicating how much of the in kind match has been used.  Full documentation will be required on the use of in-kind match, regardless of the Tier held by the grantee. Indirect costs (All Tiers)  If indirect costs are being requested, please submit an approved indirect letter provided by either CDOT or other Colorado Department. The letter must state what indirect costs are allowed and at what percentage. The indirect letter only needs to be submitted once and will be retained on file for future invoices. The indirect cost plan must be reconciled to annual and an updated letter submitted each year. Packet Pg. 96 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 33 of 38 29. EXHIBIT G – SUPPLEMENTAL FEDERAL PROVISIONS-(FFATA) State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Packet Pg. 97 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 34 of 38 Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform. 1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization; 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non- Federal entity. 1.6. “Executive” means an officer, managing partner or any other employee in a management position. 1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency Act.” 1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award. 1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term “Subrecipient” includes and may be referred to as Subgrantee. 1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award Management (SAM) profile, if applicable. 1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non-equity incentive plans, not including group life, Packet Pg. 98 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 35 of 38 health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor’s information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No Packet Pg. 99 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 36 of 38 direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient’s DUNS Number as registered in SAM. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” Packet Pg. 100 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 37 of 38 may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Packet Pg. 101 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) CDOT – Division of Transportation Development SAP PO #: 0491000461 CMS # 14-HTD-64972/SRM# 14-HTD-ZL-01287 DUNS # N/A Page 38 of 38 30. EXHIBIT H – BILLING FORM COLORADO DEPARTMENT OF TRANSPORTATION - Division of Transportation Development Transaction Date Check Tracking Number Payee Name Amount Service/Good Received I certify that the goods and/or services included in this invoice were true and necessary expenses to accomplish the goals of the contract: By: _____________________________________________________________ Date: __________________________ Contractor/Vendor Approved By: ____________________________________________________ Date: __________________________ CDOT Contractor/Agency Name: Contract Number: Contract Effective Date: Contract Billing Period: Invoice Number: Invoice Date: Contractor/Vendor Contact Person: Contractor/ Vendor Contact Phone Number: Total Less Local Match Remit to: Total Reimbursement Request Value of Contract (Original + Any Amendments): Billed Prior to This Invoice: Current Invoice Amount: Balance of Contract After Invoice: Packet Pg. 102 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) GRANT AGREEMENT A. PURPOSE OF GRANT This grant from Kaiser Foundation Health Plan of Colorado (“Kaiser Permanente”) is made to the City of Fort Collins (“Grantee”) for the purpose and with the conditions outlined below. Kaiser Permanente and the City of Fort Collins are referred to in this Agreement as a “Party” or collectively as the “Parties”. Grant Title: Walk & Wheel – Local Government Grant Number: 20635503 Grantee Contact Person: (include address, phone, email) Tessa Greegor City of Ft. Collins 281 North College Ave Fort Collins, CO 80522 970-416-2471 tgreegor@fcgov.com Kaiser Permanente Contact Person: (include address, phone, email) Tristan Sanders, MPH 10350 East Dakota Ave Denver, CO 80247 303-344-7959 Tristan.j.sanders@kp.org Grant Purpose: Improve the active transportation infrastructure of local municipalities Grant Goals: Increase walking and biking Grant Amount: $94,100 Grant Period: January 1, 2014 to December 31,2015 Payment Schedule: One-time payment upon execution of agreement Special Conditions. Grant Classification (re Financial Accounting Standards Board’s SFAS 116-117) I. Unconditional [ ] II. Unrestricted [ ] Conditional [X] Restricted [X] Restricted grants can be used only to fund the stated purpose of the grant. Conditional grants are paid only after the applicable condition has been met. In addition to the specific terms listed above for Grant #20635503 (the “Grant”), the award of the Grant is contingent upon the Grantee’s compliance with the following term(s) and condition(s): • Grantee will participate in a kick-off planning meeting with the technical assistance team in January/February 2014. Together, the specific terms listed above, the following terms and conditions and all exhibits, appendices and other attachments hereto form “the Agreement.” Packet Pg. 103 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) B. GRANT TERMS & CONDITIONS 1. Use of Funds. Funds shall be used solely for the purposes stated in the grant application and supporting documentation approved on December 11, 2013 to Kaiser Permanente. If for any reason the Grant funds cannot be used for these purposes, the Grantee must obtain prior written approval from Kaiser Permanente for the grant to be used elsewhere. If the Grant is intended to support a specific project or to provide general support for a specific period, any portion of the Grant unexpended at the completion of the project at the end of the period or not used for the Grant Purpose shall be returned immediately to Kaiser Permanente, unless otherwise agreed by Kaiser Permanente in writing. Grantee agrees and covenants that it will not expend any Grant funds for any purpose that is not charitable or educational, for any lobbying activities, or for any purpose other than one specified in Section 170(c)(2)(B) of the Code. Grantee must obtain prior written approval from Kaiser Permanente for changes to budgetary allocations that exceed the lesser of five percent (5%) of the total budget of the Grant award or the amount of $25,000, and for changes to the Grant period. 2. Tax-Exempt Status. Grantee represents and warrants that it is currently, and shall remain during the grant period, a non-profit public benefit corporation exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code (the “Code”) and classified as a public charity, not a private foundation, under section 509(a) of the Code (the “Code”), or a local, state or federal government agency eligible under section 509(a) or under 26 USCA 115 of the Code to receive charitable contributions. Grantee represents and warrants that there is no issue, audit or other proceedings presently pending before any office of the IRS that could result in any proposed or actual changes to NCB Capital Impact’s tax-exempt status under the Code. Grantee shall immediately notify Kaiser Permanente if Grantee’s tax- exempt status is revoked, suspended or modified (or if there is any threatened or proposed revocation, suspension or modification of Grantee’s tax-exempt status) during the Grant period. 3. Required Notification. Grantee is required to provide Kaiser Permanente with immediate written notification of: (1) any changes in its tax-exempt status; (2) its inability to expend the Grant for the Grant Purpose; (3) any expenditure from this Grant made for any purpose other than those for which the Grant was intended; (4) any modification of the budget or timeline; (5) any significant changes in Grantee’s leadership or staffing; and (6) any change in Grantee’s named contact persons or address. Contemporaneously with executing this Agreement, Grantee shall notify Kaiser Permanente of Grantee’s program officer with responsibility for Grantee’s administration of the Grant. 4. One-Time Nature of Grant. The Grant funds represent a one-time contribution to the Grantee, are subject to fulfillment by the Grantee of its obligations under this Agreement and do not signify that additional grant support will be awarded after the defined Grant Period. 5. Acknowledgement. Grantee shall obtain Kaiser Permanente’s prior written consent for the text of any proposed publicity concerning this Grant prior to the release of such publicity. All publicity concerning the Grant will acknowledge Kaiser Permanente. In addition, Grantee will implement the guidelines in Appendix One hereto to the extent possible, and make appropriate use, as applicable, of the examples and other materials provided in Appendix Two hereto, in connection with visibility and acknowledgment. Kaiser Permanente may include information regarding this Grant, including the amount and purpose of the Grant, any photographs the Grantee, the Grantee’s logo or trademark, or other information or materials about the Grantee’s organization and activities, for Kaiser Permanente’s publications, periodic public reports, newsletters, and news releases. 6. Record-keeping. Grantee shall maintain accounting records sufficient to identify Grant funds and to whom and for what purpose such funds are expended. Further, Grantee shall make such records available for inspection by representatives of Kaiser Permanente and maintain such records for at least four (4) years following the year in which all Grant funds are fully expended. Grantee also agrees to provide any other information reasonably requested by Kaiser Permanente. Packet Pg. 104 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) 7. Non-discrimination. Grantee shall not discriminate on the basis of sex, age, economic status, educational background, race, color, ancestry, national origin, sexual orientation, gender identity, or marital status in their programs, services, policies, and administration. 8. Prohibited Uses. In no event shall Grantee use all or any part of the grant to (a) satisfy government imposed fines, fees, or taxes, (b) satisfy legal settlements, judgments, or awards, (c) support political advocacy, partisan activities, impermissible gifts to or on behalf of state and federal government officials, lobbying, or election campaigns excluding ballot initiatives and public health policy advocacy not permitted by Internal Revenue Code, Section 501(c)(3) or by Kaiser Permanente policies, or (d) support activities, events, or programs organized or solely sponsored by alcohol, tobacco, or pharmaceutical companies. 9. Reasonable Access for Evaluation. At Kaiser Permanente’s request, Grantee will permit Kaiser Permanente and its representatives to conduct site visits and have reasonable access during regular business hours to Grantee’s files, records, accounts, personnel and clients or other beneficiaries for the purpose of making financial audits, verifications or program evaluations as Kaiser Permanente deems necessary or appropriate concerning this Grant award. 10. Right to Modify or Revoke Payments. Grantee rights to payments made under this Grant are contingent upon Grantee’s compliance with the terms of this Agreement. Kaiser Permanente reserves the right to discontinue, modify or withhold any payments under this Grant award or to require a total or partial refund of any Grant funds if, in Kaiser Permanente’s sole discretion, such action is necessary: (i) because Grantee has not fully complied with the terms and conditions of the Grant and of this Agreement, including without limitation, Grantee’s loss of tax-exempt status or Grantee’s use of Grant funds for purposes other than the Grant Purpose; (ii) to protect the purpose and objectives of the Grant or any other charitable activities of Kaiser Permanente; or (iii) to comply with the requirement of any law, regulation, or regulatory agency policy applicable to Grantee, Kaiser Permanente, or this Grant. 11. Termination. Without limitation of the foregoing, this Agreement may be terminated early by a. mutual agreement of the parties, evidenced by a writing duly executed by both Parties, b. 30 calendar day advance written notice by either Party to the other, or c. immediately upon notification by either Party for material uncured breach by the other Party. The Party alleging breach must provide notice that specifically identifies the nature of the breach. The Party in breach has 30 calendar days in which to cure the breach. 12. Return of Unexpended Funds. If this Agreement is terminated early for any reason, Grantee will return to Kaiser Permanente all unexpended funds from the Grant. 13. Insurance. Kaiser Permanente and Grantee will both maintain their own independent insurance coverage for employees, volunteers and the overall organization. Each Party will notify the other Party immediately in the event that there is a coverage change that affects the contractual obligations of this Agreement. 14. Indemnification a. By Kaiser Permanente. Kaiser Permanente will indemnify and hold Grantee, its officers, directors, employees and agents, harmless from any third party claims, fines, or penalties against Grantee (including reasonable costs of defense) that arise from Kaiser Permanente’s negligence or willful misconduct in the performance of its obligations under this Agreement, except to the extent that such claims, fines, or penalties were cause by Grantee’s negligence, willful misconduct, or failure to comply with its obligations under this Agreement. b. By Grantee. To the extent permitted by law, and without waiving any provisions of the Colorado Governmental Immunity Act grantee will indemnify and hold Kaiser Permanente its officers, directors, employees and agents, harmless from any third party claims, fines, or penalties against Kaiser Permanente (including reasonable costs of defense) that arise from Packet Pg. 105 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) Grantee negligence or willful misconduct in the performance of its obligations under this Agreement, except to the extent that such claims were caused by Kaiser Permanente’s negligence, willful misconduct, or failure to comply with its obligations under this Agreement. c. Notification and Cooperation. If either Party seeks indemnification under these provisions, it must notify the other Party within 30 calendar days of receipt of notice of the claim, fine, or penalty, and cooperate fully with the other Party in the defense of the claim. d. Settlement and Compromise. No settlement or compromise of a claim subject to this indemnification provision will be binding on the Party providing indemnification without that Party’s prior written consent. The indemnifying Party will not unreasonably withhold such consent of a settlement or compromise. 15. Limitation of Liability. Neither Party has any liability to the other Party for special, incidental, indirect, or consequential damages. However, this limitation will not apply to personal injury caused by negligence or willful misconduct, and does not affect either Party’s indemnification obligations under the provisions of Section 14 above. 16. Independent Contractor a. Relationship of the Parties. The relationship between the Parties is that of independent contractor and not one of partnership, agent and principal, employee and employer, joint venture, or otherwise. b. Direction. Kaiser Permanente will not be subject to the supervisory direction of Grantee in regard to the performance of this Agreement, nor will Kaiser Permanente supervise any employees of Grantee. c. Taxes and Withholding. Each Party is responsible for paying the salaries and benefits of its own employees, for providing its employees with workers’ compensation insurance, and withholding or paying all required federal and state taxes and for complying with all employment-related laws. d. Authority. Neither Party has the authority to bind or obligate the other in any way, nor will it represent that it has such authority. 17. No Assignment or Delegation. Grantee may not assign, or otherwise transfer, its rights or delegate any of its obligations under this Grant without prior written approval from Kaiser Permanente. Any change of ownership or control of Grantee shall be deemed an assignment. The change in elected officials shall not be deemed a change of ownership or control. 18. Reporting a. Grantee shall engage in regular communication with Kaiser Permanente to enable Kaiser Permanente to stay abreast of the project’s progress, discuss and revise project goals as needed and agreed upon by both parties, discuss any additional needs or concerns related to the project, and identify ways to connect the project work to ongoing Kaiser Permanente work focused on community benefit initiatives. Such communication may include, at Kaiser Permanente’s request, reporting at informal meetings on a quarterly basis. b. At minimum, Grantee shall submit written report(s) on progress made towards project goals stated in grant proposal to Kaiser Permanente, as follows: Report Due Date Colorado common grant report Annually c. Submit data reports summarizing the following: i. Colorado common grant report d. Grantee will be required to submit data and information on an annual basis on the following items, to include, but not limited to: Packet Pg. 106 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) • Financial statement of dollars spent • Most recent financial audit, if applicable • Most recent 990 • Colorado common grant report 19. Compliance. Grantee shall (i) maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities and it employees and all other persons engaged in work in conjunction with this Grant, and (ii) perform its duties and obligations under this Agreement according to industry standards and in compliance with all applicable laws. As an organization with numerous contracts with the federal government, Kaiser Permanente and its affiliates are subject to various federal laws, executive orders and regulations regarding equal opportunity and affirmative action. This Section constitutes notice that Grantee may be required to comply with the following Federal Acquisition Regulations (each a “FAR”) at 48 CFR Part 52, which are incorporated herein by reference: (a) Equal Opportunity (April 2002) at FAR 52.222-26; (b) Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept. 2006) at FAR 52.222-35; (c) Affirmative Action for Workers with Disabilities (June 1998) at FAR 52.222-36, and (d) Utilization of Small Business Concerns (May 2004) at FAR 52.219-8. In addition, Executive Order 13495 concerning the obligations of federal contractors and subcontractors to provide notice to employees about their rights under Federal labor laws, or its successor, shall be incorporated herein by reference. 20. Miscellaneous. This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law principles. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. This Agreement shall be binding upon and inure to the benefit of the parties and their respective, permitted successors and assigns. This Agreement, including any exhibits, appendices and attachments (all of which are incorporated into this Agreement by this reference), is the entire agreement of the parties with respect to the subject matter herein, and supersedes any and all other prior or contemporaneous agreements, promises, negotiations or representations, whether oral or written. This Agreement, including exhibits, appendices and attachments, may not be amended except in a writing signed by each party. By accepting this Grant, Grantee certifies to Kaiser Permanente that (i) no tangible benefit, goods, or services have been received by any individuals or entities connected with Kaiser Permanente, and (ii) this Grant will not be used or deemed by the Grantee to satisfy the payment of any pledge or other personal financial obligation on behalf of the donors of Kaiser Permanente. 21. Notices. Notices given pursuant to this Agreement shall be addressed to the appropriate Party at the address set forth on the signature page hereof and shall be effective: (i) on the date of delivery if given in writing and hand delivered; (ii) on the date received, if sent by overnight courier with written proof of receipt, or by First Class United States Mail with postage prepaid and return receipt requested; (iii) on the date confirmation is received if sent via facsimile with printed confirmation from the receiving Party; or (iv) the date sent by electronic mail (if an email address is provided below) so long as the sending Party does not receive a message in return that the electronic message is undeliverable. Refusal to accept delivery will be deemed receipt. A Party may change its notice address for purposes of this Agreement by giving written notice to the other Party. Packet Pg. 107 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) 22. Grantee Signature. By signing this Agreement the Grantee signatory acknowledges that he/she has read and understood the Agreement, he/she has the authority to sign this Agreement and bind Grantee thereto, and that Grantee hereby accepts and agrees to perform all of the terms and conditions of this Agreement. (This document must be signed by the organization’s Executive Director or CEO). 23. Kaiser Permanente Signature. By signing this Agreement KP signatory acknowledges that he/she has read and understood the Agreement, he/she has the authority to sign this Agreement and bind KP thereto, and that KP hereby accepts and agrees to perform all of the terms and conditions of this Agreement. C. SUBMITTAL Please mail signed Agreement to: Janet Emerson Kaiser Foundation Health Plan of Colorado Community Benefit & Relations 10350 East Dakota Ave Denver, CO 80247 Janet.Emerson@kp.org (office) 303.344.7756 Authorized Personnel Name: ___________________________________________________________ Title: ___________________________________________________________ Organization: The City of Fort Collins Address: ___________________________________________________________ Date: ___________________________________________________________ Signature: ___________________________________________Date: ___________ Vice President Name: ___________________________________________________________ Title: ___________________________________________________________ Organization: Kaiser Foundation Health Plan of Colorado Address: ___________________________________________________________ Date: ___________________________________________________________ Signature: ___________________________________________Date: ___________ Packet Pg. 108 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) APPENDIX ONE Kaiser Foundation Health Plan of Colorado Grantee Guidelines for Publicity We hope to develop a publicity partnership with you to share the good news about the important work represented in your grant. Please educate your constituents and the community about this. We want to work together to collaborate on joint press releases and press conferences. We appreciate knowing in advance when preparing such announcements so we can be sure all external communication is coordinated. We can also assist you with questions on how to leverage media to communicate these efforts. When preparing announcements about programs funded through this grant, please follow these general guidelines: • Refer to our organization as “Kaiser Permanente” for materials used within our state, and “Kaiser Permanente Colorado” for any materials used nationally in distribution or presentation. • Please contact us for a copy of our logo via email; please indicate how you plan to use the logo – in print, broadcast or electronic form – so we send the correct format. • Please include one of these references when writing or speaking about Kaiser Permanente. • Prior to distributing news externally, please contact russell.h.taylor@kp.org. Email a copy, clip or notification of publicity efforts to: Russell Taylor Kaiser Permanente Colorado 10350 E. Dakota Avenue Denver, CO 80247 (303) 344-7447 (office) (303) 344-7277 (fax) russell.h.taylor@kp.org . Packet Pg. 109 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) APPENDIX TWO SAMPLE NEWS RELEASE FOR IMMEDIATE RELEASE <Date> For more information: <Contact name> <Contact phone number(s)> KAISER PERMANENTE COLORADO AWARDS <DOLLAR AMOUNT> GRANT TO <NAME OF YOUR ORGANIZATION> [CITY] – … through the generous contribution of Kaiser Permanente Colorado, <Your text about the grant and what it will accomplish> About Kaiser Permanente Colorado Kaiser Permanente Colorado is the state’s largest nonprofit health plan, proudly working to improve the lives and health of Colorado residents for more than 40 years. Kaiser Permanente Colorado provides comprehensive health care services to more than 545,000 members through 27 medical offices and a network of affiliated hospitals and physicians. The health plan was named “Highest in Member Satisfaction” among Commercial Health Plans by J.D. Power and Associates for the sixth straight year. Kaiser Permanente was recognized by the National Committee for Quality Assurance (NCQA) as the top-ranked commercial health plan in Colorado and the fourth ranked Medicare plan in the nation. Kaiser Permanente was also recently recognized as a 2012 Hypertension Champion by Million Hearts™. In 2012, Kaiser Permanente proudly directed more than $92 million to community benefit programs to improve the health of all Coloradans. For more Kaiser Permanente news, visit kp.org/share or follow us on Twitter @kpcolorado or facebook.com/kpcolorado. ### Packet Pg. 110 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) Top 10 ideas for publicly celebrating your grant 1. Notify your staff about the grant and congratulate them. 2. Send a letter of congratulations to your board, members, friends, and members of the community who support your organization. 3. Tap into local media. We ask that you please acknowledge Kaiser Permanente’s contribution when speaking with the media. • Write a press release to alert media about the grant. • Write an editorial for local media to highlight your service to the community. Include a visual with a caption to help tell your story. A picture is worth a thousand words. • Attend editorial board meetings to educate local newspapers about your organization and the important role it plays in your community. Take along representatives of the public you serve, such as your community partners, leaders of local community, elected officials who support your work, board members, or friends of your organization. • Contact local news and talk shows. Invite reporters from a morning news program to broadcast or tape a story about your organization. Identify a spokesperson from your organization to appear on radio or television talk shows. 4. Host a reception or open house for the community to learn about your programs and services and to help celebrate your grant. 5. Design a commemorative banner or poster to display in your lobby. Please acknowledge Kaiser Permanente’s contribution. 6. Share your success with visitors and others through printed postcards and posters at your site. Please acknowledge Kaiser Permanente’s contribution. 7. Share news of the grant on Facebook and other social media outlets. Please acknowledge Kaiser Permanente’s contribution. 8. Write a feature story about the grant for your newsletter, annual report, or website. Please add a link to Kaiser Permanente’s Community Benefit website, kp.org/communitybenefit 9. Call us to see if we have a Kaiser Permanente professional who can speak at your organization’s events. 10. We also invite you to send us photos and stories about how the grant has benefited your organization so we can help share your story. Send copies of press clips about the grant to Kaiser Permanente: Russell Taylor Community Benefit & Relations Communications Consultant Kaiser Permanente Colorado 10350 East Dakota Avenue Denver, CO 80247 office: 303-344-7447 email: Russell.H.Taylor@kp.org Packet Pg. 111 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) Kaiser Permanente in the Community 2012 Numbers at a Glance  Invested $92 million in Community Benefit services, partnerships, and programs.  Provided over 25,000 Coloradans with health care coverage through Medicaid and Child Health Plan Plus (CHP+) programs, as well as our Charitable Health Coverage subsidized health insurance product.  Invested $11.7 million in workforce development and advancement, including education and training.  Dedicated 8,693 employee hours, which is over $300,000, to community service projects; engaged with more than 200 nonprofit community partners.  Reached more than one (1) million Coloradans through our public health initiatives with a focus on healthy eating and active living since 2007.  Provided 519 programs and activities to over 164,000 Coloradans through our Educational Theatre Programs; served almost three (3) million people since 1985. Providing Support and Giving Back to our Colorado Communities OUR MISSION is to provide high-quality, affordable health care services to improve the health of our members and the communities we serve. As the largest nonprofit health plan in the state, we believe everyone has the right to high-quality health care. For more than 44 years, we have helped improve the health of Coloradans through a variety of efforts, including charitable contributions, sponsorships, preventative health education, community service work, and community health initiatives. Our goal is to help Coloradans thrive. We understand that good health extends beyond the doctor’s office and the hospital. To be completely healthy, people need access to healthy and nutritious foods, clean air, successful schools, safe parks and playgrounds. Good health for the entire community requires equity as well as social and economic well-being. We’ve committed our resources to helping the most vulnerable people in our communities gain access to quality health care services and expertise, focusing our efforts on the following key areas:  Health Access • Care and coverage for low-income people • Safety net partners • Addressing health disparities  Healthy Environments • Community health initiatives • Environmental stewardship  Health Knowledge • Developing and disseminating information  Community Service kp.org Kaiser Permanente Colorado in the Community Health Access Care and coverage for low-income Coloradans Improving access to health care for people with limited incomes is fundamental to our mission. We make health care affordable to people living with limited financial resources, through our innovative Charitable Health Coverage program and through traditional charity care in our medical offices and partner hospitals. We also participate in public programs such as Medicaid, Child Health Plan Plus (CHP+); and Medicare low-income programs. Care equity The Care Equity Project (CEP) is a collaborative effort to assist community health care providers, Kaiser Permanente staff, and physicians in improving health equities for patients living with limited financial resources. The project supports the increasing number of people living with limited financial resources who are seeking medical care by personalizing the type of care, promoting empathetic care, and enriching the quality and hospitality of health care delivery. Our Educational Theatre program partners with CEP through educational offerings and experiential activities. Safety net partners We work closely with community health centers, public hospitals, and health advocacy groups to exchange knowledge kp.org and expertise for improvement and expansion of services. We provide them with technical assistance, educational and financial support. Through workforce development, building clinical capacity, improving quality, and supporting effective clinic-to-community integration, we help build safety net capacity. Healthy Environments Healthy communities and schools We support sustainable, comprehensive efforts in schools, worksites, and neighborhoods that affect the overall health of our communities. Our goal is to surround people with healthy choices by influencing public policy and organizational practices. LiveWell Colorado and Healthy Eating/Active Living (HEAL) are multifaceted approaches to combat obesity and related health conditions. HEAL is promoted in schools through our Educational Theatre Programs. We work on increasing access to healthy affordable food, walking 12 Packet Pg. 114 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) Kaiser Permanente Colorado Grant Request: FC Moves/FC Bikes 7. Organization Background 7.1 What is your organization's mission? 150 word limit FC Moves is a department within the Planning, Development & Transportation Service Area of the City of Fort Collins. The mission of FC Moves is to provide safe, convenient, sustainable transportation choices for residents and visitors of all ages and abilities through planning, advocacy, and community programs. 7.2 Briefly describe the history and purpose of this organization. 250 word limit (218) The City of Fort Collins has a long history of supporting active, healthy transportation choices. Planning efforts throughout the 1990’s, including the adoption of a Transportation Master Plan and Bicycle Plan, led to the development of a transportation work program focused on balance and sustainability. As a part of the City’s commitment to providing innovative, world-class municipal services, the FC Moves Department was created to ensure the concepts of modal shift, active transportation, and sustainability are fully incorporated into the organizational culture. FC Moves accomplishes its mission through three programs: the FC Bikes Program, Safe Routes to School (SRTS), and Transportation Planning. This three-pronged approach ensures that long range (planning) needs as well as current (programming) needs are met. The FC Bikes program encourages bicycling as a viable and healthy means of transportation for Fort Collins' residents, employees and visitors of all ages and abilities. Through advocacy, programming and planning, the FC Bikes program seeks to increase bicycling while creating and maintaining a bicycle-friendly community atmosphere. SRTS seeks to increase the number of students and parents safely walking and bicycling to school. Transportation Planning strives to create a balanced transportation system for all modes. The focus of this proposal is on FC Bikes, which will partner with SRTS and Transportation Planning staff in the implementation of this grant. 7.3 Describe how the organization strives to be inclusive in its programs, staff, board, and volunteers. Describe the progress to date. 250 word limit FC Moves recognizes that:  Transportation is essential to the “Triple Bottom Line” for sustainability;  Transportation is a key factor in public health and safety; and  Transportation choices contribute to the overall livability of the community. Therefore, the organization works to support social equity by making safe and sustainable transportation choices available to all people. We look to collaborate across a variety of internal departments, as well as diverse community organizations. Specific focus includes additional outreach to women, minorities, and low- income individuals. For example, FC Moves has sponsored women-specific bike events and programs to foster women in bicycling (most recently, the Women’s Criterium as part of the USA Pro Challenge), offered scholarships and free classes to people of all income levels, supported bicycle programs in low-income communities, and in coordination with Vida Sana (a community coalition addressing health disparities among Packet Pg. 115 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) Hispanic/Latinos and low-income community members in North Fort Collins) and BPEC, conducted outreach to the Hispanic community. 7.4 Describe the role of the board of directors in advancing the mission of the organization. Include the key issues related to board effectiveness that are being addressed this year, the organization's policy regarding board terms, and the percentage of the board that contributes financially or in-kind to the organization. 500 word limit (210) The City Council serves as the community's legislative body, having responsibilities for enacting City ordinances, appropriating funds to conduct City business, and providing policy direction to City staff. By provision of the City Charter, Council has the power of appointment over the City Manager, City Attorney, and Municipal Court Judge. City Council has been supportive of the FC Bikes Program and of efforts to promote bicycling as sustainable and healthy transportation across all segments of the community. For example, the Mayor regularly makes a proclamation to the community about Bike Month, and City Council approved a budget item specifically dedicated to bringing Fort Collins up to the Platinum Bicycle Friendly Community designation. Note: The City does not keep a list of City Council affiliations, but City Council members are required to disclose conflict of interest related to all meeting agenda items. We are not aware of any KP executives, managers, directors, physicians or other employees or their family members who serve as board members, directors, officers, manager, employees, or fiduciaries of FC Bikes or the City of Fort Collins, have a compensation arrangement with FC Bikes or the City of Fort Collins, or hold any position of substantial influence with respect to FC Bikes or the City of Fort Collins. 7.5 Provide a brief description of the organization's current programs. Include population and numbers served for the most recent year (include year). Include information on outcomes, lessons learned and identify the major funders of the work. 500 word limit (485) The FC Bikes work plan originates from the 2008 Bicycle Plan, the 2011 Bicycle Safety Education Plan, and the 2010-11 Transportation Master Plan. FC Bikes reaches thousands of people annually through its programs and services. Through extensive partnerships with the business community, community organizations, school districts and local and regional agencies, FC Bikes implements a comprehensive set of strategies, services and programs to increase the number and safety of people bicycling in Fort Collins and throughout the area. The FC Bikes Program is largely funded through a Congestion Mitigation and Air Quality (CMAQ) grant with additional City funding through the Keep Fort Collins Great (KFCG) and Building on Basics (BOB) sales tax initiatives. FC Bikes’ primary programs include the following: Planning, Evaluation and Project Implementation: FC Bikes is guided by the City’s adopted transportation plans and is currently beginning the process of updating the City’s 2008 Bike Plan and 2011 Bicycle Safety Education Plan. The update process will include data collection and public outreach to determine deficiencies and opportunities in the current bicycle system. Once adopted, the FC Bikes program will focus on implementation of the policies, programs and projects as recommended in the plan. In addition to planning and implementation, FC Bikes collects data about bicycling and walking and supports other departments in the design and implementation of bicycle infrastructure. Education, Encouragement and Outreach: Packet Pg. 116 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) FC Bikes manages a variety of education, encouragement and outreach events and campaigns focusing on reaching new populations and increasing the level and safety of bicycling in our community. For example, FC Bikes coordinates Bike Month activities in June and December, seasonal Bike to Work worksite challenges, Traffic Skills 101 courses, bicycle commute and safety classes, and share the road campaigns. In 2013, 1,008 new cyclists participated in Bike to Work Day with 3,551 participants overall. In 2012, in partnership with the Bicycle Pedestrian Education Coalition (BPEC), FC Bikes launched the Bicycle Ambassador Program to train volunteers to teach bicycle education classes and promote safe bicycling. The Bicycle Ambassador Program has trained 34 ambassadors; in 2012, 11 presentations were offered and 14 booths were staffed at a variety of events through this program. In addition, four presentations and one booth were provided in Spanish reaching approximately 225 people (~85 percent were female). The primary lesson learned through FC Bikes’ outreach and data collection efforts, is that despite the level of support for bicycling in our community and the strong bicycle culture, the majority of the population still experiences barriers to bicycling. The gender gap reflected in our trail counts of bicyclists (39% female. 61% male) is one example demonstrating a need for additional emphasis on breaking down existing barriers to bicycling in our community. We’ve learned that by targeting our efforts to create a safe and comfortable environment for people of all ages and abilities, we will be successful in expanding bicycling to serve a greater and more inclusive population. 7.6 Briefly describe the organization's current goals and strategic plan. Why is this the right time for this project? Why is this the right organization to implement this program or project being proposed? 750 word limit (385) The FC Bikes program goals and strategies are largely laid out in the 2008 Bike Plan and the 2011 Bicycle and Safety Education Plan and will be revisited as part of the 2013 Bike Plan update. Below are specific recommendations from the existing plans that pertain to this application: 2008 Bicycle Plan Recommendations (http://www.fcgov.com/bicycling/pdf/bike_plan-2008.pdf)  Education and Encouragement Recommendations: o Maintain existing education and encouragement programs and solicit more participation. o Continue to develop and implement innovative education and encouragement programs, campaigns, and events. o Continue to foster relationships between non-profits, advocacy, and community groups and build public-private partnerships. o Consider the implementation of Cyclovias (car-free events). o Reinforce yield and safety education programs pertaining to bicyclists and other bike lane and trail users.  Economic Recommendations: o Continue to support and encourage infrastructure development, bicycle sporting events, recreational biking, and bicycle facilities. o Use the local bicycle culture to attract employers, new residents, businesses, and visitors.  Multi-Modal Recommendations: o Expand opportunities for bicycle-transit/bicycle-pedestrian/bicycle-car auto linkage. 2011 Bicycle and Safety Education Plan (BSEP) Recommendations (http://www.fcgov.com/transportationplanning/pdf/besp-doc.pdf) Goal: Packet Pg. 117 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant)  Instill bicycle safety education and awareness within the Fort Collins community through the implementation of programmatic and infrastructure recommendations geared toward bicyclists of all levels and abilities, pedestrians, and motorists. Recommendations:  Provide special emphasis in all education programs that utilize the League of American Bicyclists’ Smart Cycling curriculum.  Identify and provide recommendations regarding evaluation and monitoring techniques. In addition, FC Bikes is the right organization to implement the tasks laid out in this grant, and the timing is perfect, as the organization is just starting the five-year Bike Plan update, and we just received the League of American Bicyclists (LAB) Platinum Bicycle Friendly Community award. We would like to build off the momentum of Platinum and use resources wisely to work towards the newly announced Diamond designation by following the specific recommendations as identified in the LAB Bicycle Friendly Community Feedback Report (Spring 2013), including:  Continue to expand our public education campaign promoting the share the road message.  Host, sponsor and encourage bicycle-themed community events, campaigns and programs: Consider offering a “Summer Streets” type event.  Expand the public bike share system.  Adopt the updated comprehensive bike master plan that is currently being prepared.  Increase the dedicated funding for implementation of the plan. 7.7 Briefly describe 2-3 community partners and their relationship to your organization. Include phone and email information for each community partner. 200 word limit (118) Bicycle and Pedestrian Education Coalition (BPEC) – the City of Fort Collins is a founding member of this regional coalition of organizations/entities working to increase education and awareness around bicycling (BPECLarimer.org); contact: Kim Sharpe, BPEC Coordinator (970-218-0216; info@bpeclarimer.org). Vida Sana – the City of Fort Collins partners with Vida Sana (a community coalition addressing health disparities among Hispanic/Latinos and low-income community members in North Fort Collins) to conduct outreach to Hispanic communities of Fort Collins; contact: Edgar Domingez, Health Equity Coordinator (970- 495-7519; edgar.domingez@uchealth.org). Colorado State University (CSU) – the City of Fort Collins regularly collaborates with CSU to increase bicycling by students, including specific safety and educational campaigns; contact: Aaron Fodge, Alternative Transportation Manager (970-491-2823; aaron.fodge@colostate.edu). 7.8 If applicable, briefly include information about past or current partnerships with Kaiser Permanente Colorado. 150 word limit (14) Summer 2012 Kaiser Permanente Grant for Bike to Work Day and Worksite Challenge ($3,700) Packet Pg. 118 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) 8. Request Information 8.1 Program/Project Name 15 word limit Bike Plan Update Enhancement & Implementation 8.2 Funding/Amount Request $94,100 8.3 Program/Project Budget $129,100 8.4 Anticipated Start Date January 2014 8.5 Anticipated End Date December 2015 8.6 Population(s) Served Broader Community 8.7 Ethnicity/Ethnicities Served Not Specified 8.8 Age Group(s) Served All 8.9 County/Counties Served Colorado-Larimer 9. Request Description 9.1 Program/Project Summary. Briefly describe how the grant funds will be used. 100 word limit (91) The grant funds in this request will supplement and enhance the current update to the City of Fort Collins Bicycle Plan and advance near-term implementation items. The comprehensive approach includes a strong emphasis on data collection and integration and community engagement and outreach. Key components include: - Expansion of Bicycle Ambassador Program & Educational Outreach (General Public and SRTS) - Open Streets Initiative - Bicycle Facility Inventory - Bicycle System Level of Comfort Map (Printed, Online, and Interactive/Mobile) - Bicycle & Pedestrian Counts (Volunteer and Eco-Totem) - Bike Share Business Plan Packet Pg. 119 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) 9.2 Describe why this program or project is needed. Use needs assessments, research, or local data to demonstrate the need for the program or project. 1,000 word limit (351) While the City of Fort Collins is at the forefront of encouraging active transportation, having just been designated a Platinum Bicycle Friendly Community by the League of American Bicyclists and a Bronze Level Walk Friendly Community by the Walk Friendly Communities, significant opportunities remain to grow bicycling, particularly among the “Interested but Concerned” travel market (http://www.portlandoregon.gov/transportation/article/158497). This program intends to increase the number of trips made by bicycle while increasing levels of physical activity overall in our community. Listed below are statistics about our community which demonstrate the need for and potential impact of the programs proposed in this grant application: According to the County Health Rankings & Roadmaps, Larimer County ranks 9th in Colorado overall (http://www.countyhealthrankings.org/app/colorado/2013/rankings/outcomes/overall/by-rank). We would like to maintain and improve upon this ranking by encouraging more residents to use active transportation as their means of travel. A few relevant highlights from this report:  In Larimer County, 14% of adults ages 20 and over report no physical activity, as compared to 17% in Colorado, and 21% in the nation.  With 14 recreational facilities per 100,000 residents, Fort Collins ranks better than the state average of 11 recreational facilities per 100,000 residents, however, it falls below the national average of 16 recreational facilities per 100,000 residents.  76% of Larimer County residents drive alone to work.  55% of the population lives within ½ mile of a park. According to the American Community Survey (ACS) 2009-2011 American Community Survey 3-Year Estimates, B0301 Means of Transportation to Work, 6.3% of Fort Collins residents commute by bicycle (http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_3YR_B08301&pr odType=table) While this is above the national average, in order to achieve Diamond status from the League of American Bicyclists, Fort Collins would need to get to achieve a 12% bicycle commute mode split. In the United States, 24% of all bicycle trips are made by women and 76% are made by men (http://nhts.ornl.gov/). Based on the Fort Collins 2012 Trail Counts, male trail users outnumbered female trail users 61% to 39%. Our proposed programs largely focus on increasing the bicycle comfort and confidence level among women, youth and seniors, in order to address these gaps. 10. Additional Information 10.1 Describe the program or project. Include the issue and/or opportunity being addressed, goals and objectives, and target population. 3,000 word limit (2204) This project will use a combination of high-impact strategies to enhance the current Bike Plan update. A key strategy is to collect detailed data to be integrated into the planning and outreach process with a focus on reaching the “Interested but Concerned” travel market. Specific initiatives include bicycle data collection and facilities inventory, community engagement and education, promotion of cycling, and project implementation. ISSUES/OPPORTUNITIES: - The City of Fort Collins was recently designated a Platinum Bicycle Friendly Community by the League of American Bicyclists; building off this momentum, we are working towards achieving Packet the Pg. 120 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) Diamond Bicycle Friendly community designation, which will reflect our efforts to successfully establish a more inclusive and comfortable bicycling environment across Fort Collins. - The City is beginning the update to the Bike Plan; this grant funding will enhance this process and support initial implementation of the plan. - “Interested but Concerned” - research has shown that approximately 60% of the population is interested in riding a bike but does not feel safe given the current environment. We believe this to be true in Fort Collins and seek to break down barriers, thereby growing bicycling within this segment of the population. GOALS/OUTCOMES: Goals: - Conduct multiple community Open Streets events (two in 2014 and three in 2015) to promote physical activity through active transportation. - Complete a detailed bicycle inventory to comprehensively document existing conditions. - Develop a Level of Comfort Bicycle Map and distribute at least 40,000 per year. - Install one of Colorado’s first Eco-TOTEM visual bicycle counter displays. - Complete a Bike Share Business Plan to support the implementation of a state of the art bike sharing system that complements. Outcomes: - Reach 50/50 gender split among Fort Collins bicyclists by 2016. - Reach 11,000 students annually through our youth bicycle education programs. - Establish four new Fort Collins-based League Certified Instructors (LCIs) per year to expand educational outreach efforts across the community. - Increase the percentage of commute trips made by bicycle to 12 percent by 2016. TARGET POPULATION: - We serve all residents, employees, and visitors to the City (refer to map for City boundary) but with this effort would like to target the “Interested but Concerned” population. This population needs to feel that bicycling is comfortable, safe, and convenient. We will reach this population through additional focused training, fun community events, and a new bicycle map that focuses on the Level of Comfort of facilities. FOCUS AREAS – A. COMMUNITY ENGAGEMENT / D. PROMOTION: Expand Bicycle Ambassador Program and Educational Outreach In 2012, the City of Fort Collins’ FC Bikes program and the Bicycle and Pedestrian Education Coalition (BPEC) launched the Bicycle Ambassador Program (BAP). Currently, we have 34 trained bicycle ambassadors, equipped with knowledge to teach bicycle safety, rules of the road, trail etiquette, route finding and basic bike maintenance. Bicycle Ambassadors are available to teach to children, teens, college-aged students, families, adults in the workplace, seniors and motorists. Additionally, the program handouts and presentations are available in Spanish. This program is exceedingly important in achieving our goal of increasing ridership through promotion and educational outreach to the public. By expanding this program, we will more aptly be able to reach the interested but concerned members of our community. One opportunity to expand BAP and safety outreach to the public is through offering additional educational classes. Since 2011, FC Bikes has offered 20 sessions of the League of American Bicyclists’ Traffic Skills 101 course (TS 101). This course is effective at making cyclists feel more comfortable on the road. Based on course feedback, 100% of participants agreed that as a result of the riding instruction, they felt more confident riding in traffic than before taking the course. Additionally, 75% planned to bicycle more in the Packet Pg. 121 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) future than they did before taking the course. Furthermore, this training has been effective at reaching our female target market: 57% of past attendees were women. This proposal seeks to expand upon these offerings by hosting additional TS 101 courses in the future while also offering our first TS 201 courses. By offering additional classes, not only are we providing one-on-one education but we are also empowering our bicycle ambassadors to further bicycle education across the community. We are also proposing to expand BAP by hosting the League Cycling Instructor (LCI) Seminar on an annual basis. LCIs are an important asset to our community as they teach our traffic skills courses. In March 2013, four scholarships were awarded to community members to take the LCI Seminar in exchange for volunteering for BAP an additional 20 hours and teaching safety courses. That course alone resulted in 8 LCIs being added to the Fort Collins community. We currently have 25 trained LCIs in Fort Collins and would like to increase that number as our community continues to grow. Scholarships are a key component for making this seminar accessible to all members of the community while further sustaining BAP. Summary of Tasks: Conduct 6 TS 101 courses per year, 2 TS 201 courses per year and 1 LCI training per year. Funding will cover participant scholarships, meals, books, marketing/outreach, and instructor fees. Responsible: City of Fort Collins (FC Bikes and SRTS); Bicycle Ambassador Program; Poudre School District; Colorado State University Timeline: January 2014-December 2015 Budget: $15,680 Other Related Focus Area(s): C. Project Implementation Open Streets Initiative An increasingly popular and effective promotional event in the U.S. is an Open Streets event. While this year marks the 4th annual Boulder Green Streets and the 3rd annual Viva Streets in Denver, Fort Collins has yet to host such an event. In the early stages of planning, FC Moves understands the outreach potential of these types of events. According to Gill Peñalosa, the Executive Director of 8-80 Cities, “People traffic replaces car traffic, and the streets become ‘paved parks’ where people of all ages, abilities, and social, economic, or ethnic backgrounds can come out and improve their mental, physical, and emotional health.” The City of Fort Collins is planning to host two Open Streets events in 2014 and three in 2015. FC Moves plans to partner with local businesses, neighborhood associations, health organizations and local active transportation advocacy groups in order to create a fun, successful event that will allow community members to see their streets as more than just a place for moving motor vehicles. We see the opportunity to not only reach out to these local associations as partners, but also to assist in the design process and organization of the event. We see this as a great opportunity to collaborate with like-minded organizations in an effort to promote health and active transportation. Summary of Tasks: Conduct planning, marketing and outreach to produce two Open Streets events in 2014 and three Open Streets events in 2015. Responsible: City of Fort Collins (various departments, FC Bikes – lead); BPEC; consultant Timeline: January 2014-September 2015 Budget: $23,000 (some matching funds will be used to contribute to the planning and operations of the Open Streets event) Other Related Focus Area(s): B. Technical Assistance, C. Project Implementation Packet Pg. 122 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) FOCUS AREA: E. DATA COLLECTION AND INTEGRATION: Bicycle Facility Inventory & Level of Comfort Map As part of the 2010-11 update to the Fort Collins Pedestrian Plan, the Pedestrian Level of Service was evaluated to identify deficiencies and opportunities for improving walkability; subsequently a detailed inventory of pedestrian infrastructure (e.g., sidewalks and intersection amenities) was collected as part of the City’s Pedestrian Needs Assessment. However, the bicycle network’s facilities have yet to be evaluated in a similarly comprehensive manner. The data collection proposed with this grant would help us develop a comprehensive database with an inventory of our existing bicycle facilities as a baseline of data to build upon. With a comprehensive set of data of our existing conditions, we plan to update our bicycle map to reflect the level of comfort of various on- and off-street facilities. Currently, our bicycle map labels a bike lane on an arterial the same as one on a collector or neighborhood street, despite the vast difference in level of comfort riding on those very different types of roads. With 40,000 bicycle maps distributed annually, we have a chance to drastically influence how our bicycle infrastructure is presented and potentially used. According to researchers in a 2012 Low Stress Bicycle Bicycling and Network Connectivity study, “For a bicycling network to attract the widest possible segment of the population, its most fundamental attribute should be low-stress connectivity. That is, providing routes between people’s origins and destinations that do not require cyclists to use links that exceed their tolerance for traffic stress, and that do not involve an undue level of detour” (http://transweb.sjsu.edu/project/1005.html). We see this tool being most useful to the interested but concerned travel market. In addition, compiling and analyzing this data will allow us to better prioritize where improvements are needed to create a safer and more comfortable bicycle network. Summary of Tasks: Conduct data collection and bicycle facility inventory, develop and distribute 40,000 bicycle level of comfort maps across Fort Collins. Funding will support the hiring of an intern to conduct data collection and analysis, and map design and printing cost. Responsible: City of Fort Collins (FC Moves, FC Bikes, GIS, Traffic Operations and Streets) Timeline: January 2014-June 2014 Budget: $14,620 Related Strategy Area(s): A. Community Engagement, B. Technical Assistance, C. Project Implementation, D. Promotion Bicyclist & Pedestrian Counts (Volunteer and Eco-Totem) To complement the facility data collection, FC Moves recognizes the importance of also collecting and analyzing data about facility usage to support our planning and outreach efforts and to inform future infrastructure investments. To date, the City of Fort Collins has conducted three rounds of volunteer trail counts using the methodology recommended by the National Bicycle and Pedestrian Documentation Project. This year, 10 on-street intersection locations were added to the count initiative in an effort to increase the amount of data we have about cyclists in our City. This is an effort that we would like to continue in the future to collect data our 12 automatic trail counters and 83 video detection systems can’t (e.g., helmet use, gender, and direction of travel). Again, this data will support efforts to reach the interested but concerned population and evaluate frequency and usage patterns over time, understand preferred routes and identify avoided ones, justify investments in projects, adapt infrastructure, and determine maintenance needs. Also, by analyzing trends we can revisit and refine goals and objectives for the future. In addition, we propose to integrate a permanent count device, such as an Eco-TOTEM, on our first Bike Boulevard that will begin construction in 2014. The device would be a valuable addition to a high volume area, allowing not only cyclists and pedestrians, but automobile users as well, to see the data in real time. According to the Eco-Counter website, “the Eco-TOTEM is an effective and prominent tool that can help Packet Pg. 123 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) make cyclists a visible part of the urban landscape” (http://www.eco-compteur.com/Eco- TOTEM.html?wpid=44942). As we advance our efforts in terms of encouragement and promotion of cycling, an Eco-TOTEM would show the commitment our City has to promoting bicycling as a viable means of transportation. It will also generate excitement for community members about bicycling through real time data display, in addition to tracking available on the website. Summary of Tasks: Conduct annual bicycle and pedestrian counts and install 1 Eco-TOTEM counter on Fort Collins’ first bicycle boulevard. In addition to funding the purchase and installation of the Eco-TOTEM, funding will support the hiring of an intern to coordinate volunteers and conduct post-event data compilation and reporting, volunteer trainings and Thank You events. Responsible: City of Fort Collins (FC Moves, Engineering, Streets, Traffic, Park Planning and Development) Timeline: January 2014 – December 2015 Budget: $15,800 (some matching funds will be used in order to keep the capital costs below the 20% maximum stipulated by this grant) Related Focus Area(s): A. Community Engagement, D. Promotion Bike Share Business Plan Bike share programs are transforming cities and transportation around the United States and the world. As a natural extension to public transportation, Bike Share programs seek to increase the number of trips made by bicycle by encouraging short trips by bicycle. The City of Fort Collins is in the initial stages of planning for a Bike Share system with the goal of launching a program by 2015 that builds on and complements our existing FC Bike Library and enhances connections to and from the new MAX Bus Rapid Transit (BRT) line, as well as the rest of the City’s transit system. A Task Force has been established, comprised of key community stakeholders and agency representatives. The next phase of this process is developing a business plan, which will allow us to determine the most appropriate model for the community. The business plan will feed directly into our RFP for implementation of an expanded Bike Share system. Summary of Tasks: Develop a Bike Share Business Plan including business model, potential sponsorship strategies, potential station locations, etc.) for bike share in Fort Collins, building upon our current FC Bike Library. Funding will support consultant services. Responsible: City of Fort Collins (FC Moves, FC Bikes, Transfort); CSU; consultant Timeline: January 2014 – March 2014 Budget: $25,000 Related Focus Area(s): B. Technical Assistance, C. Project Implementation 10.2 Key staff and roles related to this project. 500 word limit (167) Key staff on the project will include City staff and partners from other organizations. The primary department from the City will be FC Moves, which includes the FC Bikes program, Safe Routes to School (SRTS), and Transportation Planning. This department will coordinate with GIS, Transfort (transit), Engineering, and Traffic Operations on the various tasks. The overall project manager will be Tessa Greegor, FC Bikes Program Manager, and she will be supported by the FC Bikes Program Specialist and the SRTS Coordinator. Packet Pg. 124 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) Other key organizations and their expected roles include:  Bicycle and Pedestrian Education Coalition (BPEC) - training support; public outreach; Open Streets planning, programming, and marketing  CanDo - public outreach; Open Streets planning, programming, and marketing  CSU - public outreach (focus on college students, faculty and staff); bike share planning  Poudre School District - public outreach (focus on children and families), training support (SRTS)  Vida Sana - public outreach (focus on Hispanic community) Other community partners will support public outreach, as shown in the Project Plan document. 10.3 Before investing in your project (or continue investing in your project), we are interested in knowing your plans for carrying the project into the future, with or without our Kaiser Permanente funding resources. What are your strategies either during and/or after the grant period on how to support the sustainability of the activities or demonstrated outcomes proposed in your application in the future? 1000 word limit (251) The items proposed in this grant application will build upon and enhance the update to the Bike Plan which is currently funded through a CMAQ grant, and the City’s Keep Fort Collins Great (KFCG) and Building on Basics (BOB) sales tax initiatives. Most of these committed funds will be used to start an initiative, set the foundation, and get a system in place that will be easily carried out in the future. In addition, sources of future funding and methods for sustaining these programs over time will be identified as part of the update to the Bike Plan. The tasks potentially funded through this grant would enhance the Bike Plan process by providing resources for additional community engagement, data collection, encouragement events, and a comprehensive update to the bicycle map. The City of Fort Collins has already demonstrated a commitment to enhancing safe bicycling in the community (articulated in policies adopted in the City’s Comprehensive Plan and Transportation Master Plan), and continues to fund bicycle and active transportation programs through its biannual Budgeting for Outcomes process. The enhancements that this grant funding would make possible will become part of the foundation of the 2013-2014 Bicycle Plan, which will establish the FC Bikes work program for the next five years. If the City is awarded these grant funds, their impact will extend far beyond the one year implementation timeframe as the plans, programs, events, activities, and data sources they help to fund will guide and enhance FC Bikes throughout the planning horizon. 10.4 Describe how you will evaluate whether or not the program or project is successful. Detail any baseline data, the metric s you will collect, and the thresholds you will use to determine if you achieved the goals. If the evaluator is someone other than the program or project manager, please include them in the Key Staff section above. 1,000 word limit (579) The goal of this program is to increase the number of trips of all purposes made by bicycle by people of all ages and abilities. Moreover, we seek to increase the level of bicycling comfort and confidence experienced by our target market of interested but concerned, many of whom are women, youth and seniors. In addition to completing the tasks identified in this proposal, we’ve established the following outcomes to track our success at achieving the overarching program goals: Packet Pg. 125 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant)  Reach 50/50 gender split among Fort Collins bicyclists by 2016;  Reach 11,000 students annually through our youth bicycle education programs;  Establish four new Fort Collins-based League Certified Instructors (LCIs) per year;  Increase the percentage of commute trips made by bicycle to 12 percent by 2016. In addition to the performance metrics identified above, we will measure the overall increase in bicycle education, trips made by bicycle, physical activity levels, and level of bicycle comfort and confidence experienced by people in Fort Collins through a combination of counts and surveys:  Beginning in October 2013, the City will conduct a public online survey to learn about existing levels and perceptions of bicycling and current barriers to bicycling. This information will inform the update to the Bike Plan, and through follow-up surveys, will be used to assess change in behavior and perceptions around bicycling for our target markets.  In 2012, the City launched an annual bicycle and pedestrian data collection program utilizing the National Bicycle and Pedestrian Documentation Project methodology. Beginning with 10 trail count locations in 2012, the City expanded this effort in 2013 to include 10 on-street intersection locations. Data is collected during peak commute periods as well as off-peak periods allowing us to track information about all trip types. Gender data is also collected through these counts. In addition, the City has 12 permanent trail counters. Together, this data will be used to determine the overall increase in the number of trips made by bicycle in Fort Collins as well as our progress toward achieving a balanced gender split among users of the city’s bicycle network.  Data collected through the implementation of the Eco-TOTEM will also provide a baseline measure to help us track growth in bicycling during the grant period and beyond.  The American Community Survey data will serve as a baseline for determining the increase in the percentage of commute trips made by bicycle during the grant period. The Open Streets Initiative is focused on increasing physical activity through bicycling and walking and increasing the comfort and confidence around bicycling for people of all ages and abilities. We will evaluate the effectiveness of the Open Streets Initiative by conducting intercept surveys and counts during the events. This will help us determine how many people we’re reaching through this programming and the amount of time people are spending engaging in physical activity during the events. In subsequent Open Streets events, we will use intercept surveys to ask participants questions regarding their change in bicycling and walking behavior as a result of the Open Streets Initiative. The education and outreach programs we are proposing to implement are key to increasing the safety and number of trips made by bicycle in our community. To determine if our education and outreach strategies are successful in this regard, we will track program participation and utilize participant surveys to determine if participants have increased their level of knowledge and comfort around bicycling. For example, pre- and post-surveys will be conducted for our educational courses. 10.5 What visibility will Kaiser Permanente receive as a result of this grant? 200 word limit (17) Acknowledgement in print and electronic materials associated with events (e.g., Open Streets) and plans (e.g., Bike Share). 10.6 What are other ways, separate from this proposal, that Kaiser Permanente may be able to engage with your organization? Are there other events, sponsorship, or volunteer opportunities outside of this funding request you'd like Kaiser Permanente to be aware of? For example, "Annual Benefit Dinner - July" or "All day volunteer event on MLK." Please do not attach documents related to these events. Approval of events, sponsorships, and volunteer opportunities are a separate process. 100 word limit (19) Packet Pg. 126 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) Separate sponsorships and/or volunteer opportunities related to Open Streets events, Bike Share implementation, and/or the City’s Business Commuter Challenge. Packet Pg. 127 Attachment5.3: KP Grant Application (FC Bikes CMAQ Grant) - 1 - ORDINANCE NO. 030, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION SERVICES FUND FOR THE 2014 FORT COLLINS BIKES PROGRAM WHEREAS, in 2013, the League of American Bicyclists officially designated the Fort Collins community as a “Platinum-level Bicycle Friendly Community”; and WHEREAS, the City has been awarded Congestion Mitigation & Air Quality (CMAQ) grant funding from the North Front Range Metropolitan Planning Organization and Colorado Department of Transportation through 2016 for the Fort Collins Bikes (FC Bikes) Program in the amount of $704,128; and WHEREAS, local matching funds in the amount of $146,372 are required by the CMAQ grant, which funds have been appropriated in the Keep Fort Collins Great Fund, for a total of $850,000 for the FC Bikes Program in 2014, with the anticipation that portions will be spent in 2015 and 2016 as well; and WHEREAS, the grant will support the 2014 FC Bikes Program initiatives, allowing for refinement and expansion of current services, including enhanced bicycle safety education programs, expanded encouragement campaigns, new bicycle promotion initiatives, and development and implementation of the 2014 Fort Collins Bicycle Master Plan; 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 the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 11, of the City Charter states that funds appropriated for capital projects, and federal or state grants shall not lapse until the completion of the capital project or until the expiration of the federal or state grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the Transportation Services Fund the sum of SEVEN HUNDRED FOUR THOUSAND ONE HUNDRED TWENTY-EIGHT DOLLARS ($704,128) for expenditure in the Transportation Services Fund for the Fort Collins Bikes Program in 2014, with potential expenditure of a portion of such funds occurring in 2015 and 2016. Packet Pg. 128 - 2 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 129 - 1 - ORDINANCE NO. 031, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM KAISER PERMANENTE IN THE TRANSPORTATION SERVICES FUND FOR THE 2014 FORT COLLINS BIKES PROGRAM WHEREAS, in 2013, the League of American Bicyclists officially designated the Fort Collins community as a “Platinum-level Bicycle Friendly Community”; and WHEREAS, the City has been awarded a Kaiser Foundation Health Plan of Colorado Walk and Wheel local government grant from Kaiser Permanente for the Fort Collins Bikes (FC Bikes) Program in the amount of $94,100; and WHEREAS, no local matching funds are required for the Walk and Wheel grant; and WHEREAS, the grant funds will support the 2014 FC Bikes Program initiatives, allowing for refinement and expansion of current services, including enhanced bicycle safety education programs, expanded encouragement campaigns, new bicycle promotion initiatives, and development and implementation of the 2014 Fort Collins Bicycle Master Plan; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the Transportation Services Fund the sum of NINETY-FOUR THOUSAND ONE HUNDRED DOLLARS ($94,100) for expenditure in the Transportation Services Fund for the Fort Collins Bikes Program in 2014. Packet Pg. 130 - 2 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 131 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Link Mueller, Utilities Special Projects Manager Jason Graham, Water Reclamation/Biosolids Manager Kevin Gertig, Water Resources/Treatment Operations Manager SUBJECT First Reading of Ordinance No. 032, 2014, Appropriating Unanticipated Grant Revenue in the Wastewater Fund and Authorizing the Transfer of Existing Appropriations from the Drake Water Reclamation Facility Improvements Capital Project for the Drake Water Reclamation Facility's Nutrient Grant Project for South Process Train Improvements. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant funding in the amount of $1,080,000 in the Wastewater Fund. The grant funds will be used for the planning, design, and construction of a portion of the Nutrient Removal Improvements required for the Drake Water Reclamation Facilities’ South Process Train. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2013 the Colorado General Assembly created a Nutrient Grant Program to assist wastewater treatment facilities in the planning, design, and construction of improvements to comply with Regulation #85, Nutrients Management Control, established by the Water Quality Control Commission in 2012. In July 2013, the State of Colorado, Department of Health and Environment announced that the City of Fort Collins had been awarded $1.08 million dollars in grant funds. Grant funds awarded under this program must be expended by May 31, 2016. Planning Grant Eighty thousand dollars ($80,000) was awarded to continue evaluation of locally-produced carbon sources for facilitating nutrient removal. Chemical nutrient removal technologies to provide redundancy for the existing and proposed biological nutrient removal facilities will also be researched and evaluated. This portion of the grant requires a 20% match ($16,000), which will come from existing appropriations for wastewater plant improvements. Construction Grant One million dollars ($1,000,000) is provided for the design and construction of nutrient removal improvements to the Drake Water Reclamation Facilities’ South Process Train. The Wastewater Fund’s 5-year Capital Improvement Program had already identified the design and construction of the South Process Train Improvements for nutrient removal in the 2014/2015 time frame. This grant will help fund a large portion of the required improvements. No match is required for this portion of the Grant. Packet Pg. 132 Agenda Item 6 Item # 6 Page 2 Overall Project The estimated construction of the South Process Train Improvements is $8.9 million dollars. In addition to the Grant Funding, two million dollars of funding for the 2014 construction will come from prior year appropriations for Water Reclamation Replacements. An offer for the 2015 construction funding will be requested in the 2015/2016 Budget. FINANCIAL / ECONOMIC IMPACT Drake Water Reclamation Facilities’ next Water Quality permit will require the improvements proposed for the South Process Train. The State has indicated the next permit will be issued after the Regulation #31 Basin Standard’s hearing, scheduled for the 2015/2016 time frame. The 2014 Wastewater Capital Budget included funds for the design of the South Process Train improvements. This Grant, coupled with proposed capital funding requests in the 2015/2016 budget, will allow the City meet its regulatory obligations. ENVIRONMENTAL IMPACTS In March 2013, the State passed Regulation #85, requiring Publicly Owned Treatment Works (POTWs) with greater than 2 million gallons per day capacity to meet more stringent effluent water quality. The regulation mandates that existing POTWs limit their effluent discharge on a monthly median value of Total Phosphorus to 1.0 mg/L and Total Inorganic Nitrogen (TIN) to 15 mg/L. BOARD / COMMISSION RECOMMENDATION At its February 20, 2014 meeting, the Water Board voted unanimously to recommend approval of the appropriation. ATTACHMENTS 1. Water Board minutes, February 20, 2014 (PDF) Packet Pg. 133 Excerpt from Unapproved Water Board Minutes, February 20, 2014 1 State of Colorado CDPHE Nutrient Grant Appropriation (Attachments available upon request). Water Reclamation and Biosolids Manager Jason Graham and Capital Projects Engineer Link Mueller presented information on this item. The purpose of this item is to appropriate grant funding in the amount of $1,080,000 in the Wastewater Fund. The grant funds will be used for the planning, design, and construction of a portion of the Nutrient Removal Improvements required for the Drake Water Reclamation Facility’s (DWRF) South Process Train. The North Process Train has already been updated. State awarded the grant to the City in July 2013: 1 of 12 grants issued in the State. $80,000 for Planning Grant $1,000,000 for Design and Construction Grant Planning Grant: Chemical Phosphorus Removal o Pilot removal in stabilized sludge just prior to dewatering o Goal to minimize Phosphorus recirculation Develop Nutrient Engineering Report o Continue local Carbon evaluation o Beer Waste Phase III is underway Mr. Graham shared some background information on the Brew Waste Study. Colorado Wastewater Treatment Plants operate under Regulation (Reg.) 85. Reg. 85 establishes requirements for organizations holding a National Pollutant Discharge Elimination System (NPDES) permit. Since DWRF had high levels of phosphorus and nitrogen, community sources of carbon were sought that could be introduced in the wastewater treatment process to help reduce these levels. The addition of carbon from brewery waste has removed both phosphorus and nitrogen. Mr. Graham presented some photographs of the Carbon Piloting Phase III. Mr. Mueller presented a site map of the Drake Water Reclamation Facility and a map showing the proposed South Process Train Improvements. He also presented a drawing of the proposed layout. Funding for South Process Train Improvements: 2014 Funding o 2014 Appropriation - $481,000 for South Process Train Design o Nutrient Removal Grant - $1,000,000 o Existing Replacement Funds - $2,000,000 Proposed 2015 Funding o $5,400,000 request in the 2015/2016 BFO offer o Regulatory based o CDPHE expectation in continuation of Water Reclamation Facility Improvements Highlights from the discussion: A board member inquired about the content of the brewery waste. Mr. Mueller stated this is primarily spent grains, yeast, and sugars from the bottom of the tanks. This is high- Packet Pg. 134 Attachment6.1: Water Board minutes, February 20, 2014 (Grant Appropriation for South Process Train Improvements) Excerpt from Unapproved Water Board Minutes, February 20, 2014 2 strength waste compared to municipal waste, and is material that is normally land- applied. A board member asked for clarification on the available funds. Mr. Graham stated staff is asking City Council for appropriation of the grant funding. The grant money is unanticipated revenue and grant funds awarded under this program must be expended by May 31, 2016. A board member inquired about the future use of ultraviolet (UV) to replace the current use of chlorine gas for disinfection. Staff stated this may be part of a future BFO offer. A board member inquired about electrical upgrades to the Mulberry Water Reclamation Facility (MWRF) and the improved energy efficiency. Mr. Mueller stated planned improvements to the South Process Train will improve MWRF’s energy efficiency. Vote on the motion: It passed unanimously. Board Member Brian Brown moved that the Water Board recommend adoption of the Ordinance for appropriation of Unanticipated Grant Revenue into the Wastewater Fund for the Drake Water Reclamation Facility's Nutrient Grant Project for South Process Train Improvements on First Reading. Board Member Hill seconded the motion. Packet Pg. 135 Attachment6.1: Water Board minutes, February 20, 2014 (Grant Appropriation for South Process Train Improvements) - 1 - ORDINANCE NO. 032, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE WASTEWATER FUND AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE DRAKE WATER RECLAMATION FACILITY IMPROVEMENTS CAPITAL PROJECT FOR THE DRAKE WATER RECLAMATION FACILITY’S NUTRIENT GRANT PROJECT FOR SOUTH PROCESS TRAIN IMPROVEMENTS WHEREAS, the Utilities Department has received two grants from the State of Colorado totaling $1,080,000 to study local carbon sources, evaluate nutrient removal options and assist in the design and construction of plant improvements; and WHEREAS, the planning grant of $80,000 will allow the City to continue evaluation of locally-produced carbon sources for facilitating nutrient removal and research chemical nutrient removal technologies to provide redundancy for the existing and proposed biological nutrient removal facilities; and WHEREAS, the second grant of $1,000,000 will assist in the design and construction of nutrient removal improvements to the Drake Water Reclamation Facilities’ South Process Train, as identified in the Wastewater Funds 5-year Capital Improvement Program for nutrient removal improvements in the 2014/2015 timeframe; and WHEREAS, the State of Colorado planning grant requires a 20% local funding match totaling $16,000 which will be transferred from existing appropriations in the Drake Water Reclamation Facility Improvements Capital Project to the Drake Water Reclamation Facility Nutrient Grant Project; and WHEREAS, the grant-supported Projects will facilitate the City’s ability to meet the regulatory water quality requirements mandated by the Colorado Department of Public Health and Environment’s Regulation No. 85 (Nutrients Management Control); 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 and matching funds revenue as described herein will not cause the total amount appropriated in the Wastewater Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof Packet Pg. 136 - 2 - from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Wastewater Fund the sum of EIGHTY THOUSAND DOLLARS ($80,000) for the continued evaluation of locally-produced carbon sources for facilitating nutrient removal. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Wastewater Fund the sum of ONE MILLION DOLLARS ($1,000,000) for the design and construction of nutrient removal improvements to the Drake Water Reclamation Facilities’ South Process Train. Section 3. That the unexpended appropriated amount of SIXTEEN THOUSAND DOLLARS ($16,000) in the Drake Water Reclamation Facility Improvements Capital Project is authorized for transfer to the Drake Water Reclamation Facility Nutrient Grant Project and appropriated therein for expenditure on the Project. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 137 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Susan Smolnik, Water Resources Engineer Beth Molenaar, Water Resources Engineer SUBJECT First Reading of Ordinance No. 033, 2014, Establishing Rental Rates and Delivery Charges for the City's Raw Water for the 2014 Irrigation Season. EXECUTIVE SUMMARY The purpose of this item is to set rates for the rental and delivery of the City's raw water supplies. The Water Utility uses these rates to assess charges for agricultural use, for various contractual raw water obligations and for raw water deliveries to other City departments. The proposed rate for each type of water is based on several factors including market conditions and assessments charged by irrigation companies. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is a shareholder in several local irrigation companies. In most years, there is water in excess of that needed to meet City uses that can be rented to other water users. Each year prior to the irrigation season and after irrigation companies have established their annual assessments, the City Council approves rental rates and delivery charges for the use of the City’s raw water. Staff uses these rates for the purpose of charging for various uses of this raw water. These uses include rental to agricultural users, meeting certain raw water delivery obligations, and uses by other City departments. The attached tables show the assessment rates as set by the irrigation companies and the raw water rates charged by the City for 2011 through 2013 as well as proposed rates for 2014. Currently, the snowpack is above average in the Poudre Basin. However, there is still lingering uncertainty regarding the Utilities’ ability to treat Poudre River supplies during the rainy season. To ensure that adequate supplies are maintained for use in 2014 and carried over for use in 2015, staff will be very conservative in making rental water available and will continue to closely monitor the Utilities water supplies and demands. Staff is proposing two categories for raw water rates and delivery charges. The first category includes only those sources for which an active rental market exists. The second category includes sources delivered under raw water agreements and used to irrigate greenbelts and City facilities (parks, golf courses, etc.). Packet Pg. 138 Agenda Item 7 Item # 7 Page 2 ACTIVE RENTAL MARKETS FOR SURPLUS RAW WATER Colorado Big Thompson Water (CBT) Rental Rate-The Utilities may have surplus CBT water available for rent this year. Staff recommends that agricultural rentals of CBT water be made at a price of $35.00 per acre foot. Staff further proposes that CBT water rented for municipal or industrial (M&I) is $50.00 per acre foot due to the higher assessments charged by Northern Water to M&I water users. Procedures -Rental of surplus CBT water will only be made in the event that the Utilities 1) has adequate supplies for use in 2014 that considers the ability to treat Poudre River water, 2) has maximized carryover supplies for use in 2015 and 3) has met CBT delivery obligations to City departments and other entities with delivery agreements. Any available surplus CBT water will be offered first to water users on the ditches that run through town. These ditches known collectively as the “Southside Ditches” include the Arthur, New Mercer, Larimer No 2, and Warren Lake. The Pleasant Valley Lake and Canal Company (PVLC) is also included in this first tier. Surplus CBT water will then be made available to other Poudre Basin water users. Finally, in the event that any surplus CBT water remains, it will be offered to others within the entire Northern Colorado Water Conservancy District. North Poudre Irrigation Company (NPIC) Rental Rates-The Utilities also expects to have surplus NPIC water that can be made available for rent. Each share of NPIC has an “agricultural” component and a “multiple use” component. The amount of each component varies each year and is set by the NPIC board and manager based on the company’s water supply availability. Due to legal constraints, the “ag” component can only be used for agricultural purposes on land served by the NPIC system and is rented to shareholders under the system. The multiple use portion of each NPIC share is available for the Utilities' use and is largely comprised of NPIC-owned CBT water. When users under the NPIC system rent either “ag” or “multiple use” water, it is run through the North Poudre system in the same way. Therefore, it is proposed that both the “ag” water and excess "multiple use" water be rented at $35 per acre foot. In some years there is a special class of NPIC water available for agricultural users for a very limited time early in the irrigation season. If this “early ag” water is available in 2014, staff proposes a rental rate of $15 per acre foot to reflect its very limited use. Procedures- The City will most likely use a proportionate allocation method based on the requester’s acreage, as has been done in past years. Water Supply and Storage Company (WSSC) Rental Rates-The decreed use of the Utilities-owned Water Supply and Storage Company shares remains agricultural at this time and is rented to shareholders under that system. This has historically been an active rental market and the rental price of WSSC water is expected to be about $3,400 per share this year. In addition, the Utilities is participating in WSSC’s reusable return flow rental program which will generate revenues of approximately $37,000 for the Utilities. Procedures- Shares will be offered via lottery as in past years. Reusable Sources The Utilities occasionally has rental demand for reusable sources to satisfy state requirements for substitute supply and augmentation plans. The Utilities’ primary reusable sources are Joe Wright Reservoir water and reusable effluent from the Utilities’ water reclamation facilities. It is proposed that the rental price for these sources be set at $600 per acre-foot in 2014. Packet Pg. 139 Agenda Item 7 Item # 7 Page 3 RAW WATER DELIVERY AGREEMENTS PVLC and the Southside Ditches Delivery Charges This category sets charges for water used on City facilities, such as parks and golf courses, or water used by other entities that have met the Utilities’ raw water requirements. Non-City entities with raw water delivery agreements are mostly HOAs and the Poudre School District. It is proposed that the charges be set at a rate that is 10% above the assessments charged by the various irrigation companies. This is to help offset the Utilities’ administrative costs. Reusable Water Delivery Charges The Utilities has delivery obligations for reusable water where the Utilities’ raw water requirement has been met. In this situation it is proposed that a fee of $120 per acre-foot be charged to help offset operation and administrative costs. NATURAL AREAS PROGRAM WATER The City’s Natural Areas Program owns some shares in the Box Elder irrigation system. Occasionally, the Natural Areas will rent these shares to other water users in this system. In the event that the Natural Areas chooses to rent these shares in 2014, the rental price proposed is the same as the share assessment due to the very limited market for these shares. FINANCIAL / ECONOMIC IMPACT The revenue from the City’s rental and delivery of raw water is expected to be approximately $400,000 for 2014. The revenues generated by the rentals helps to off-set costs incurred by the City. ENVIRONMENTAL IMPACTS The City’s raw water rental program assists farmers in Northern Colorado and indirectly supports an open space agricultural landscape. BOARD / COMMISSION RECOMMENDATION At its February 20, 2014, meeting, the Water Board unanimously voted to recommend adoption of the proposed rental rates and delivery charges. PUBLIC OUTREACH Rental water is provided annually and renters have an opportunity to provide input on a continual basis. In addition, Utilities staff recently attended local irrigation company meetings and provided information to shareholders regarding proposed rental processes for the City’s surplus raw water. ATTACHMENTS 1. Proposed 2014 Rental Rates and Delivery Charges (PDF) 2. Water Assessment (PDF) 3. Water Rental Rates/Charges (PDF) 4. Water Board minutes, February 20, 2014 (PDF) Packet Pg. 140 ATTACHMENT 1 Table 1 Proposed 2014 Rental Rates and Delivery Charges Type of Water Proposed 2014 Rental Rates/Charges Surplus Rental Rates NCWCD Water (CBT) - Ag $ 35.00 /ac-ft NCWCD Water (CBT) – M&I $ 50.00 /ac-ft North Poudre Irrigation Co. – Early Ag Use $ 15.00 /ac-ft North Poudre Irrigation Co. - Ag Use $ 35.00 /ac-ft North Poudre Irrigation Co. – Multiple Use $ 35.00 /ac-ft Water Supply and Storage Co. $ 3,400.00 /share Reusable Sources $ 600.00/ ac-ft Raw Water Delivery Charges NCWCD Water (CBT) – Ag $ 35.00 /share Arthur Irrigation Co. $ 33.00 /share Larimer County Canal No. 2 $ 495.00 /share New Mercer Ditch Co. $ 990.00 /share Pleasant Valley & Lake Canal Co. $ 203.50 /share Warren Lake Reservoir Co. $ 660.00 /share Sherwood Res. Co. $ 60.50 /share Sherwood Irrigation Co. $ 880.00 /share Reusable Sources $ 120.00 /ac-ft Natural Area Program Rental Rates Box Elder Irrigation Company $ 400.00 /share Notes: (1) Rental rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. (2) Charges for those who have satisfied the City’s raw water requirements are set at approximately 110% of the assessments charged by that company. Packet Pg. 141 Attachment7.1: Proposed 2014 Rental Rates and Delivery Charges (Raw Water Rates) ATTACHMENT 2 Table 2 Water Assessments Source 2011 2012 2013 2014 CBT (NCWCD, $/unit) 25.06 25.50 26.44 28.00 North Poudre Irrigation Co. ($/sh) 110.00 110.00 120.00 130.00 Water Supply & Storage Co. ($/sh) 2,500.00 2,700.00 2,800.00 2,800.00 Arthur Irrigation Co. ($/sh) 17.00 25.00 25.00 30.00 Larimer County Canal #2 ($/sh) 500.00 500.00 600.00 450.00 New Mercer ($/sh) 900.00 900.00 900.00 900.00 Pleasant Valley & Lake Canal ($/sh) 175.00 175.00 185.00 185.00 Warren Lake ($/sh) 300.00 300.00 600.00 600.00 Sherwood Reservoir ($/sh) 8.00 8.00 14.00 55.00 Sherwood Irrigation ($/sh) 600.00 600.00 600.00 800.00 Reusable Sources ($/ac-ft) n/a n/a n/a n/a Packet Pg. 142 Attachment7.2: Water Assessment (Raw Water Rates) ATTACHMENT 3 Table 3 Water Rental Rates/Charges Source 2011 2012 2013 2014 Surplus Water Rental Rates CBT Agriculture ($/ac-ft) 30.00 30.00 market rate 35.00 CBT Municipal/Industrial ($/ac-ft) 49.00 49.00 market rate 50.00 NPIC Early Ag ($/ac-ft) 12.00 12.00 15.00 15.00 NPIC Agriculture ($/ac-ft) 30.00 30.00 30.00 35.00 NPIC Multiple Use ($/ac-ft) 30.00 30.00 30.00 35.00 Water Supply & Storage Co. ($/sh) 3,200.00 3,300.00 n/a 3,400.00 Reusable Sources ($/ac-ft) 500.00 500.00 500.00 600.00 Raw Water Delivery Charges CBT Agriculture ($/ac-ft) 30.00 30.00 35.00 35.00 Arthur Irrigation Co. ($/sh) 18.70 27.50 25.50 33.00 Larimer County Canal #2 ($/sh) 550.00 550.00 550.00 495.00 New Mercer ($/sh) 990.00 990.00 990.00 990.00 Pleasant Valley & Lake Canal ($/sh) 192.50 192.50 203.50 203.50 Warren Lake ($/sh) 330.00 330.00 660.00 660.00 Sherwood Reservoir ($/sh) 8.80 8.80 15.40 60.50 Sherwood Irrigation ($/sh) 660.00 660.00 660.00 880.00 Reusable Sources ($/ac-ft) 100.00 100.00 100.00 120.00 Notes: (1) Rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. (2) Charges for those who have satisfied the City’s raw water requirements are set at approximately 110% of the assessments charged by that company. Packet Pg. 143 Attachment7.3: Water Rental Rates/Charges (Raw Water Rates) Excerpt from Unapproved Water Board Minutes, February 20, 2014 1 2014 Raw Water Rental Rates and Delivery Charges (Attachments available upon request). Water Resources Engineers Susan Smolnik and Beth Molenaar presented information on this item. Water Resources Manager Donnie Dustin was also available to answer questions. Ms. Molenaar shared some background information on the item. Each year, City Council approves rates for the rental and delivery of the City’s raw water supplies. These rates are used to assess charges for agricultural use, for various contractual raw water obligations, and for raw water deliveries to other City departments. The City is a shareholder in several local irrigation companies. Usually, surplus water is available to rent to other water users. The shareholders are charged an assessment on each share. The City of Fort Collins pays approximately $1.3 million each year for assessments on their water rights. The three active rental markets include Colorado Big Thompson (CBT), North Poudre Irrigation Company (NPIC), and Water Supply and Storage Company (WSSC). CBT Ms. Molenaar presented a map showing the CBT Market Boundary. This water can be rented anywhere within the district boundary. The Utilities may have surplus CBT water available for rent this year. NPIC Ms. Molenaar presented a map showing the NPIC Service Area. The Utilities also expects to have surplus NPIC water that can be made available for rent. There are three types of NPIC water:  Early Agricultural (Ag) Water (delivered during a ‘free’ river and is only used for irrigation)  North Poudre Agricultural Water (delivered from North Poudre’s river decrees and only used for irrigation)  North Poudre Multiple Use Water (CBT water that can be used for many purposes) WSSC Ms. Molenaar presented a map showing the WSSC Service Area. This includes communities east of Fort Collins. This water is rented by the share. Shares will be offered via lottery as in past years. Reusable Water This includes water from Joe Wright Reservoir and Michigan Ditch. This water is used for road construction, industrial purposes, and natural areas. Raw Water Delivery Agreements These include City-owned facilities, such as parks and golf courses, and non-City entities such as Poudre School District and homeowner associations. The Utilities is reimbursed for the assessments to offset operational and administrative costs. Ms. Molenaar presented a table showing the Proposed 2014 Rental Rates and Delivery Charges. Packet Pg. 144 Attachment7.4: Water Board minutes, February 20, 2014 [Revision 1] (Raw Water Rates) Excerpt from Unapproved Water Board Minutes, February 20, 2014 2 Highlights from the discussion:  A board member inquired about the cost per share difference with CBT water as reusable water. Ms. Molenaar stated CBT water is not reusable and can only be used one time.  Ms. Molenaar explained last year’s rental rates for the benefit of the new members. Since there was no early ag water last year, ag water was traded for multiple use water.  A board member inquired why NPIC withdrew from the Halligan-Seaman project if the City owns the majority of the shares. Mr. Dustin stated the City of Fort Collins does not own a majority of the shares and only owns approximately 36 percent.  Chairperson Malers reminded the board that staff will be on the conservative side when forecasting since there will be effects from the High Park Fire. The full effect of this event is not known yet. Water Resources and Treatment Operations Manager Kevin Gertig reiterated it will be hard to predict supply; however, staff has a diverse portfolio of resources and will continue to fine tune the modeling.  A board member inquired about the article in The Coloradoan regarding the pine beetle outbreak in Larimer County, and if staff plans for these types of events. Mr. Gertig stated these kinds of events are taken into consideration.  Chairperson Malers reminded the board that the Northern Colorado Water Conservancy District (NCWCD) holds a Spring meeting to set the quota on how much water will be available. This meeting will be held in April.  Chairperson Malers invited a comment from an audience member. The individual inquired about the cost per acre-foot if the ag swap was permanent. Mr. Dustin stated the swap occurred because staff felt there would be a shortage on CBT water last year. This type of swap is not needed on a permanent basis. Also, both the Water Supply and Demand Management Policy and Plan Fort Collins support water for agricultural use.  A board member inquired about the timing for early ag water and if it is during planting time. Ms. Molenaar stated this occurs in the May and June time frame. Vote on the motion: It passed unanimously. Board Member Brian Brown moved that the Water Board recommend the proposed rental rates and delivery charges be adopted by City Council. Board Member Ortman seconded the motion. Packet Pg. 145 Attachment7.4: Water Board minutes, February 20, 2014 [Revision 1] (Raw Water Rates) - 1 - ORDINANCE NO. 033, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING RENTAL RATES AND DELIVERY CHARGES FOR THE CITY’S RAW WATER FOR THE 2014 IRRIGATION SEASON WHEREAS, each year prior to the irrigation season, the City staff and the Water Board make a recommendation to the City Council regarding rental rates and delivery charges for the use of the City’s raw water; and WHEREAS, the Water Utility uses these rates to assess charges for agricultural rental water, for various contractual raw water obligations and for raw water deliveries to and for other City departments, and the Natural Areas Department uses these rates for administering rentals of its shares; and WHEREAS, on February 20, 2014, the Water Board discussed the rental program and the use of raw water and recommended the following rates for the 2014 irrigation season: Type of Water Proposed 2014 Rental Rates/Charges Surplus Rental Rates NCWCD Water (CBT) - Ag $ 35.00 /ac-ft NCWCD Water (CBT) – M&I $ 50.00 /ac-ft North Poudre Irrigation Co. – Early Ag Use $ 15.00 /ac-ft North Poudre Irrigation Co. - Ag Use $ 35.00 /ac-ft North Poudre Irrigation Co. – Multiple Use $ 35.00 /ac-ft Water Supply and Storage Co. $ 3,400.00 /share Reusable Sources $ 600.00/ ac-ft Raw Water Delivery Charges NCWCD Water (CBT) – Ag $ 35.00 /share Arthur Irrigation Co. $ 33.00 /share Larimer County Canal No. 2 $ 495.00 /share New Mercer Ditch Co. $ 990.00 /share Pleasant Valley & Lake Canal Co. $ 203.50 /share Warren Lake Reservoir Co. $ 660.00 /share Sherwood Res. Co. $ 60.50 /share Sherwood Irrigation Co. $ 880.00 /share Reusable Sources $ 120.00 /ac-ft Natural Area Department Rental Rates Box Elder Irrigation Company $ 400.00 /share Notes: (1) Rental rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. Packet Pg. 146 - 2 - (2) Charges for those who have satisfied the City’s raw water requirements are set at approximately 110% of the assessments charged by that company. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the rental rates and charges as set forth above are hereby approved as the City’s raw water rates for 2014 and the City Manager and the Utilities Executive Director are authorized to rent or deliver such raw water at said rates. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 147 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner Sam Houghteling, Economic Health Intern SUBJECT First Reading of Ordinance No. 034, 2014, Amending Sections 3.8.31 and 5.1.2 of the Land Use Code Pertaining to Hoop Houses. EXECUTIVE SUMMARY The purpose of this item is to amend the Land Use Code to exempt hoop houses from the Building Code requirements and add hoop houses to the list of accessory structures allowed in the Code, and require urban agriculture licensees to locate hoop houses on their site plans. In July 2013, Council also directed staff to consider standards for the raising of farm animals. Based on public outreach and staff research, staff found that the concerns raised regarding farm animals could be addressed with existing regulations and were limited to two neighborhoods within the City. In addition, numerous citizens expressed strong concerns about regulating their food production ability within the zone districts that currently allow farm animals. Thus, staff is not proposing amendments to the City’s regulations regarding farm animals. Instead of developing regulations that could affect all residents within these districts (approximately 1,700 homes), staff is working with the concerned neighborhoods directly to resolve specific concerns. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, City Plan, the community's comprehensive plan, was updated and contained four goals related to local food production. Since that Plan was updated, staff has been working to align policies and regulations with the Plan’s goals. In 2013, Council adopted updates to the Land Use and City Code that permit urban agriculture in all zone districts, allow farmers markets in more zone districts, and allow a greater number and types of animals to be raised. Throughout the public outreach process for the Phase One Urban Agriculture Code Changes, citizens continuously expressed a desire for the City to promote year-round food production by allowing hoop houses to be exempt from Building Code requirements. In addition, during the public hearings for the Code changes, Council directed staff to consider whether to develop regulations for the raising of farm animals in the zone districts where they are allowed. Each of these two objectives (hoop houses and farm animals) is further described below, including the problem statement, public outreach and research, and staff recommendation for each effort. Packet Pg. 148 Agenda Item 8 Item # 8 Page 2 Objective 1: Begin removing barriers to year-round production by allowing hoop houses to be exempt from Building Code requirements Problem Statement: During the public outreach process and Council work session for the Phase One Code changes, it was clear one of the greatest barriers to supporting year-round food production was being able to erect hoop houses. Hoop houses are temporary and generally more cost-friendly than a greenhouse; they are constructed of a large hoops or bows, often made of plastic pipe, and then covered with a layer of heavy greenhouse plastic. Hoop houses do not contain utilities; if these structures did contain utilities, then they would be classified as greenhouses. The challenge regarding hoop houses is that the Building Code requires any structure over eight (8) feet in height or over one hundred twenty (120) square feet to meet certain structural requirements, e.g., be able to withstand certain wind and snow loads. Meeting these structural requirements would require significant investments in the structures and would engineer them in such a way that they would act more as greenhouses (permanent structures) than hoop houses (temporary structures). For beginning farmers, and especially those on short land leases, hoop houses extend the growing season without requiring significant investments. Research and Outreach: In the spring 2013, staff met with the Residential Code Committee, who assists Building staff in Building Code updates, to discuss any concerns they might have regarding exempting hoop houses from the building permit process. During this discussion, the committee’s concerns related to hoop houses were largely focused on land use concerns, e.g., setbacks from abutting parcels and overall appearance. Given that these structures are temporary in nature and utilities are not allowed, the committee was comfortable with regulating hoop houses through the Land Use Code rather than the Building Code. To better understand the land use concerns, staff met with the Planning and Zoning Board during October 2013, conducted an online survey (87 respondents), held an open house (15 attendees), and conducted two focus groups (one with self-selected citizens and one with the Local Food Cluster Policy Subcommittee). The feedback from the focus groups, online survey, and open house were strongly supportive of the City’s efforts to exempt hoop houses. 89.7% of survey respondents felt that the City is moving in the right direction in exempting hoop houses from the Building Code. Additionally, 75.6% of survey respondents preferred that the City work to produce and distribute informational brochures illustrating best practices, versus 26.7% who felt that the City should develop specific standards for hoop houses. Citizen concerns generally surrounded visual impacts, improper mooring, and HOA restrictions. A number of citizens suggested that should problems arise, the City could move from informational brochures to standards and regulations. During the focus group discussion with interested citizens, it was also discussed that City staff has never received a complaint related to hoop houses that may already exist within the City. Staff also researched how other communities that are committed to local food production are regulating hoop houses and found a range of approaches. Many communities with shorter growing seasons, such as Minneapolis/St. Paul, Milwaukee, Asheville NC, Boston and Cleveland have all provided exemptions or minimally regulated hoop houses (Attachment 1). Recommendation: Staff is proposing amendments to the Land Use Code that would allow hoop houses as accessory structures in all zone districts, but require that anyone who is required to obtain an urban agriculture license (those gardening or farming on a piece of land as a principal use) must also illustrate where the hoop house will be located on the farm and minimize any impacts to surrounding neighbors, through minimum setbacks (five feet) from the property line and other techniques as applicable. To address concerns related to appearance, compatibility, and overall safety of the structures, staff is working with the CSU Extension to develop an informational brochure that will be available to anyone interested in using hoop houses for year-round food production. This brochure will contain information on the following aspects of erecting and maintaining a hoop house: Packet Pg. 149 Agenda Item 8 Item # 8 Page 3  Types/structure: the various shapes and sizes of different hoop houses and the pros and cons of each option;  Growing: yield, seasonal solar gain, disease, planning for pests;  Tips/Advice: irrigation, siting the hoop house on your lot, being a good neighbor;  Resources and requirements: City regulations related to hoop houses and resources that can be utilized for more information, e.g., the Natural Resources Conservation service and other cost-share or financing issues;  Definitions: what the difference is between a hoop house and a greenhouse (temporary versus permanent structures) and a glossary that includes ribs, baseboard, hurricane straps, etc.; and  Risk Management: maintenance, insurance, orientation, and structure. It is staff’s goal to have a draft of the brochure available by the end of March. Should the proposed Land Use Code changes be adopted by Council, staff will closely monitor whether the informational brochure is the best solution for addressing the concerns raised during the outreach process. If additional standards are necessary, staff will bring these forward to the Planning and Zoning Board and to Council with the annual Land Use Code updates. Objective 2: Develop standards for the raising of farm animals in the zone districts where they are currently allowed (Urban Estate, Rural Lands, Residential Foothills, and River Conservation Zone Districts). Problem Statement: During the public hearing for the Phase One Code changes, Council directed staff to assess whether the City has adequate regulations regarding farm animals in the zone districts where they are allowed. Several citizens expressed concern during the hearings, specifically related to roosters and the nuisances they were creating. Currently, the only specific regulations related to farm animals the City has is the limitation of no more than one (1) horse per half (½) acre of open land. Research and Outreach: Staff benchmarked existing regulations against eight communities both within the state and throughout the country. Almost every community had more specific standards regarding the keeping of farm animals, where they were allowed (Attachment 2). An early focus group was held to ascertain concerns related to farm animals and the group identified that noise, odor, inhumane conditions, and water quality as key issues for residents (see Attachment 2). Initially, staff began to consider drafting similarly specific standards to reflect the concerns heard during the Council hearing and the focus group. However, during the public outreach process, there was a lack of consensus on whether the City should develop regulations related to farm animals. For example, 57.7% of the online survey respondents felt that the City did not need regulations in the four districts, versus 38.8% who said that regulations were necessary. Further 88.2% of respondents had not experienced any problems with farm animals. When the survey results were segregated by those who lived the zone districts that allowed farm animals versus those that did not, the patterns discussed above were consistent. Finally, several residents attending the open house expressed sincere concern about their food production capabilities, as they were annexed into the City from the County and wanted to retain their right to raise farm animals. Staff then researched existing regulations to see if they might address the concerns that were raised, e.g., if sufficient regulations already in place. Working with numerous City departments to answer this question, staff found regulations already in place for the concerns identified during the process (see Table 1). Staff also followed up with survey respondents and open house attendants to assess the extent of problems related to farm animals. Based on these conversations, staff was able to isolate the majority of concerns to a single neighborhood (not all concerned citizens could be located or responded to staff’s contacts). Larimer Humane Society and City staff are following up with these residents to resolve these nuisances. Staff also went on a farm tour with a citizen concerned about the proposed regulations and found that on her five plus acre piece of land, the noise from surrounding traffic was quite a bit louder than her rooster (as measured by a decibel meter). Packet Pg. 150 Agenda Item 8 Item # 8 Page 4 Recommendation: As regulations are already in place to address the concerns raised by citizens during the public outreach process, staff is not proposing any additional regulations related to the raising of farm animals at this time. However, staff is updating the project’s website (www.fcgov.com/urbanagriculture) to act as a one- stop shop for all of the different regulations that affect residents who wish to raise farm animals in the zone districts in which they are allowed. Table 1: Concerns Raised during Public Outreach regarding Farm Animals and the Regulations that Address these Concerns Concern Existing Regulation Notes Noise and other nuisances, e.g., odor Chapter 4 of the City Code - Care and Treatment of Animals The most frequent concern raised was related to the noise of roosters, which can be enforced through this code section. City Code also contains references to odors, e.g., that they cannot interfere with the “comfortable enjoyment of property or normal conduct of business.” Concerns related to property maintenance Chapter 20 of the City Code - Exterior Property Maintenance and Weeds, Brush Piles, and Rubbish This section addresses property maintenance, especially as it relates to areas visible from the public right-of-way and how properties must be maintained from these views. Number of animals per lot (inhumane conditions) Chapter 4 of the City Code - Care and Treatment of Animals A section of this Chapter is dedicated to the “Care and Treatment of Animals” and contains numerous references to animal welfare all of which would allow the Larimer Humane Society to enforce inhumane conditions on a parcel. Manure/Waste Management (Water Quality) Chapter 4 of the City Code - Care and Treatment of Animals -and- Chapter 26 of the City Code - Stormwater Utility Chapter 4 requires the removal of animal waste so as not to cause a public nuisance. Chapter 26 also includes language that does not allow a person to “create a significant potential for migration of pollutants or contaminated water to the City’s storm drainage facilities” which includes water bodies. FINANCIAL / ECONOMIC IMPACT One of the most significant barriers to year-round food production is the lack of a longer growing season. By Agenda Item 8 Item # 8 Page 5 Further, in a community where 1 in 7 children have some sort of food insecurity, and childhood obesity levels have been steadily climbing for three decades, an increase in local food production will have a positive effect on the availability of fresh healthy foods for those who need it most. BOARD / COMMISSION RECOMMENDATION Staff met with the Planning and Zoning Board during its October Work Session, February Work Session, and February Hearing to discuss the proposed Code changes. During the October Work Session, Board members directed staff to develop a more robust public outreach process to ensure all potentially affected citizens were notified of the proposed changes and had an opportunity to participate in the process. On February 13, 2014, the Planning and Zoning Board unanimously (7-0) recommended the proposed amendments to the Land Use Code. PUBLIC OUTREACH Extensive public outreach has led to the formation of the proposed code changes before the Board. These outreach efforts included the following:  September 2013 o Email update to the urban agriculture list serve (365 subscribers) announcing the project and soliciting participants in the focus groups. o Farm Animals Focus Group held with representatives from Colorado State University, Homeowners Associations, interested citizens, and numerous City departments, including Planning, Neighborhood Services, Natural Areas and Economic Health.  October 2013 o Hoop Houses Focus Group with representatives from community gardens, urban farms, and numerous City departments, including Building, Planning, Neighborhood Services, and Economic Health. o Online survey launched. Email update to the urban agriculture list serve announcing the survey. 1,700 postcards mailed to all parcels within the zone districts where farm animals are allowed.  November 2013 o Open house held (15 attendees) o Online survey closed (87 respondents)  December 2013 o Email update to urban agriculture list serve with summary of online survey and open house feedback o Focus group with Local Food Cluster Policy Subcommittee to review the feedback received to date and proposed direction o Farm tour with Ms. Teel-Duggan (additional farm tour cancelled due to weather) ATTACHMENTS 1. Hoop House Research and Focus Group Notes (PDF) 2. Farm Animals Research and Focus Group Notes (PDF) 3. Online Survey Summary (PDF) 4. Open House Summary (PDF) 5. Local Food Cluster Policy Subcommittee Notes (PDF) 6. February, 2014 Planning and Zoning Board Draft Meeting Minutes (PDF) Packet Pg. 152 October 17, 2013 – Focus Group Discussion on Hoop Houses Page 1 of 3 Project: Urban Agriculture Phase 2 – Hoop Houses and Farm Animals Focus Group on Hoop Houses October 17, 2013 4:00 – 5:00 p.m. at Conference Room A, 281 N College Avenue Draft Meeting Notes Attendees: Lindsay Ex Sam Houghteling Mike Gebo Dennis Stenson Bailey Stenson Michael Baute Jeff Baumgartner Erich Stroheim Notes: Background. Lindsay Ex highlighted that in 2012 and 2013, staff worked with the community to allow the practice of urban agriculture as a principal use throughout the City, allowed farmers markets in mixed-use zone districts, and allowed additional types and increased numbers of farm animals to be raised (Phase One Changes). Each of these amendments was designed to further the City’s goal of supporting local food production (City Plan Principle Safety and Wellness 3). During public and City Council deliberation on the Phase One Changes, staff was asked to address two other issues related to urban agriculture: 1. Develop standards for the raising of farm animals in the zone districts where they are currently allowed (Urban Estate, Rural Lands , Residential Foothills, and River Conservation Districts); and 2. Begin to remove barriers to year-round food production by allowing hoop houses. The focus of this discussion was to address issue #2. Introductions and Project Goal. Each attendee introduced themselves. We then discussed the following goals for the effort:  Promote year-round growing opportunities in a more cost-friendly manner than constructing a full greenhouse;  Protect neighbors quality of life; and  Provide information to new farmers for best practices on constructing hoop houses in our area. Packet Pg. 153 Attachment8.1: Hoop House Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) October 17, 2013 – Focus Group Discussion on Hoop Houses Page 2 of 3 Lindsay discussed that there needs to be a balance between ensuring the visual experience neighbors currently have with the desired goal of having year-round, locally grown food. The group asked if City staff were aware of any complaints related to existing hoop houses. Staff was not aware of any. As hoop houses have never presented an issue, the group discussed creating informational brochures for hoop houses, so folks can learn about best practices associated with year-round growing in this part of the state. The group also discussed and agreed that urban farmers are likely to have larger hoop houses, and included hoop houses within the urban agriculture licensing requirement makes sense. For the best practices brochure, the group discussed the following:  Working with CSU Extension to see if such a brochure has already been developed, and if not, see if Extension could develop and publish the brochure as our partner  The brochure should illustrate best practices, ideally using “this, not this” illustrations.  Consider if the brochure can be done as one, or if there should be separate brochures for residential vs. commercial scale hoop houses.  Practices should include: o Orientation – local farmers have found an East-West orientation best deflects the wind o Anchoring – could discuss the use of hurricane straps on the hoop house to help protect the structure that can be anchored to concrete posts o Caterpillar tunnels – this is one type of a hoop house and is typically made with a single wall of plastic o Growing – the brochure could discuss what can be grown within these structures and timing for planting o Visual impacts – the brochure should address how to minimize visual impacts to neighbors through setbacks from property lines and how to not impact solar access o Other elements – other elements, such as wind loading, spacing between the ribs, and obtaining materials locally and from recycled sources could also be included. Next Steps: Staff is preparing an online survey to review these suggestions with a broader audience. Staff’s goal is to hold a public open house in mid-November or early December and have the proposed code changes heard before Council in February 2014. Packet Pg. 154 Attachment8.1: Hoop House Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) October 17, 2013 – Focus Group Discussion on Hoop Houses Page 3 of 3 HOOP HOUSES FOCUS GROUP – Research Matrix Draft: October 17, 2013 Wheat Ridge Seattle Baltimore Cleveland Milwaukee Boston Asheville Twin Cities Boulder In addition to the zoning code amendments, the City also made updates to the building code that eased requirements for hoop houses. See Ordinance 1494 adopted by City Council in June 2011. Now, any hoop house that is 400 square feet or less in size is exempt from building permit. Hoop houses that are 400 to 1,000 square feet in size require a building permit, but they have less strict requirements for wind and snow load. Over 1,00 sqft – the full process is required. No exemption for hoop houses. Longer growing season and higher urban density. Permanent structures are prohibited. However, temporary greenhouses, including high tunnels/hoop- houses, cold-frames, and similar structures are permitted to extend the growing season. Accessory structures, such as sheds, gazebos and pergolas, are also permitted. Cleveland’s Urban Garden District uses a broad definition for urban gardens. Com- munity gardens and market gardens are the main permitted uses, and on-site sales are allowed, September 24, 2013 – Focus Group Discussion on Farm Animals Page 1 of 6 Project: Urban Agriculture Phase 2 – Hoop Houses and Farm Animals Focus Group on Farm Animals September 24, 2013 2:00 – 4:00 p.m. at Conference Room A, 281 N College Avenue Draft Meeting Notes Attendees: Ragan Adams Courtney Bennett Andrea Musselman Lindsay Ex Lloya Lehnert Sam Houghteling Polly Lauridsen Beth Sowder Notes: Background. Lindsay Ex highlighted that in 2012 and 2013, staff worked with the community to allow the practice of urban agriculture as a principal use throughout the City, allowed farmers markets in mixed-use zone districts, and allowed additional types and increased numbers of farm animals to be raised (Phase One Changes). Each of these amendments was designed to further the City’s goal of supporting local food production (City Plan Principle Safety and Wellness 3). During public and City Council deliberation on the Phase One Changes, staff was asked to address two other issues related to urban agriculture: 1. Develop standards for the raising of farm animals in the zone districts where they are currently allowed (Urban Estate, Rural Lands , Residential Foothills, and River Conservation Districts); and 2. Begin to remove barriers to year-round food production by allowing hoop houses. The focus of this discussion was to address issue #1 – developing standards for the raising of farm animals in the zone districts where they are currently allowed. Introductions and Goals. Each attendee introduced themselves and identified their goal for the meeting, which included the following:  Protect animal welfare through fencing/coops/shelter  Protect neighbors quality of life  Understand regulations from an enforcement/neighbors perspective  Be good neighbors and have regulations that foster good neighbor relations Packet Pg. 156 Attachment8.2: Farm Animals Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) September 24, 2013 – Focus Group Discussion on Farm Animals Page 2 of 6  Protect water quality through the development of standards  For the City to develop regulations that apply to all instead of individual Homeowners Associations having separate regulations  Still allow farming, especially on larger acreages but consider neighbors on small acreages  Have standards that foster this area as a transition area for farming/urban agriculture  Nuisance control: noise, odors, flies  Setbacks from neighboring properties and structures  Regulate the number of animals per area (to maximize animal welfare and minimize impacts to neighbors)  To determine where the most appropriate location for the regulations would be, e.g., in the Land Use Code (only apply to new developments) v. Municipal Code (apply to all landowners)  To consider allowing existing uses prior to annexation v. those who bought into the Urban Estate, Rural Lands, Residential Foothills, and River Conservation Districts zone districts. The group determined that the goal for developing standards related to the raising of farm animals should be as follows: “To continue allowing farm animals to be raised within these zone districts, while still maintaining the quality of life in the neighborhoods and protecting the welfare of the farm animals.” Best Practices from Neighboring and Leading Communities. Sam Houghteling, Planning Services Intern, presented his research on how other communities regulate farm animals (see Attachment 1). The group then discussed the various elements of the standards we thought were appropriate for our City, which include the following elements:  Setbacks – one of the most frequently cited issue in the focus group discussion was the need for setbacks. Other communities have established setbacks that range from 15 feet and up to more than 100 feet for raising roosters. The most common setbacks were 15-30 feet from a lot line and 50 feet from a residence or the closest structure.  Number of animals per lot – From an animal welfare and a nuisance perspective, staff will develop standards for the amount of open space required per animal, e.g., 4 goats per 9,000 square feet of open space as regulated by Wheat Ridge.  Water Quality – The focus group discussed the need for buffering animals from water sources, such as ditches and streams, to protect the water quality of these areas. Packet Pg. 157 Attachment8.2: Farm Animals Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) September 24, 2013 – Focus Group Discussion on Farm Animals Page 3 of 6  General nuisance issues – The City already regulates nuisances, such as waste management and odor issues in the City Code. However, staff will review existing standards and ensure they are adequate for this issue.  Roosters – The focus group discussed the benefits (improved nutritional value of the eggs and opportunity to raise roosters for 4-H) and drawbacks of raising roosters (noise) within the City and determined the drawbacks outweighed the benefits. Staff is planning to prohibit roosters within City limits.  Other Animals – The group also listed other animals, such as turkeys and peacocks that should be discussed regarding whether or not to allow them to be raised. The group also discussed whether spacing requirements should be different for full size versus miniature horses and cattle. During the discussion, staff also discussed the need to allow farm animals within the Public Open Lands district to be consistent with City Code policies that allows Natural Areas to graze farm animals on their lands. The group also discussed the need to have the proposed regulations apply to all lots and not just to new developments (this would require Municipal (also called City) Code changes). Staff is considering a delayed implementation of this Ordinance so folks who currently would not meet the regulations would have time to come into compliance. Next Steps: Staff is meeting with the City Attorney’s Office (October 15) and the Planning and Zoning Board (October 4) to discuss the proposed elements for the standards based on the focus group discussion. Staff’s goal is to hold a public open house in late-October or early November and have the proposed code changes heard before Council in December 2013. Packet Pg. 158 Attachment8.2: Farm Animals Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) URBAN AGRICULTURE ANIMAL REGULATIONS – Draft Summary 09.19.13 Wheat Ridge Steamboat Denver Boulder Colorado Springs Austin Portland Seattle Fort Collins September 24, 2013 – Focus Group Discussion on Farm Animals Page 4 of 6 Livestock & Animal Equivalencies 9,000 ft per horse. 1 horse = 4 goats, 2 llamas/ponies, etc. 6,000 sqft per additional animal. ½ acre per horse or equivalent. No more than 1 horse for each ½ acre of zone lot area. ½ acre per animal, including horse, goat, sheep, cow, llama, burro, or other equine bovine. Stables/ corrals for up to (4) horses, ponies, goats, llamas, potbellied pigs must include 37,00 sqft. Enclosure for livestock must be 100 ft from adjacent property, and 50 ft from residence. Horses and larger animals require a permit, must be 50 ft from any URBAN AGRICULTURE ANIMAL REGULATIONS – Draft Summary 09.19.13 Wheat Ridge Steamboat Denver Boulder Colorado Springs Austin Portland Seattle Fort Collins September 24, 2013 – Focus Group Discussion on Farm Animals Page 5 of 6 Other ½ acre per large farm animal. ½ acre/5 small animals. Pigeons or doves – 25 maximum. Rabbits – 2 maximum. No person shall own or keep any swine, hogs, or pigs. Animals/ Fowl permitted in every district with proper enclosure. Pot-bellied pigs/miniatur e pigs (up to 95 lbs) are allowed, up to 3 per lot. No more than one potbelly pig, no taller than 22 in, and no greater than 150lbs. Setbacks/ Enclosures No enclosures within 30 ft of a residence or the front lot line, except for lots over an acre or if the lot has no main structure. The fence must enclose a min of 800 sq ft for the 1st animal URBAN AGRICULTURE ANIMAL REGULATIONS – Draft Summary 09.19.13 Wheat Ridge Steamboat Denver Boulder Colorado Springs Austin Portland Seattle Fort Collins September 24, 2013 – Focus Group Discussion on Farm Animals Page 6 of 6 Compliance Procedures After complaint, owner follows a manure mgmt program prescribed by animal control commission, which will investigate all citizen complaints. The max penalty for a 1st or 2nd conviction within two years, based on date of violation of this section, is a fine of $500.00. No person shall operate a facility without a permit. The applicant provides insurance docs within 10 days of the issuance of the permit. Outlined in the Municipal Code regarding citation procedures Waste Disposal Protocol, Disease Prevention Manure or liquid waste shall not be December 2, 2013 Re: Urban Agriculture Phase II From: Sam Houghteling, EHO MEMORANDUM: Survey Results From November 6, 2013 through December 2, 2013, representatives from the City of Fort Collins conducted a twenty question online survey pertaining to Phase II of the Urban Agriculture Regulations. The survey was broken into three components, (1) Hoop Houses, (2) Animal Regulations in the four districts where they are currently allowed, and (3) participant demographic questions to identify trends. Overall, 87 citizens participated in the survey, which was advertised on the City website, through social media, and sent to the current Urban Agriculture email list of over 350 citizens. Postcards to over 1,700 homeowners and residents in the Urban Estate, Residential Foothills, River Conservation, and Rural Lands zone districts were also sent informing them of the survey and open house. Survey results were clear in citizen support of Hoop Houses. Hoop houses are temporary and generally more cost-friendly than a greenhouse; they are constructed of a large hoops or bows, often made of plastic pipe, and then covered with a layer of heavy greenhouse plastic. Staff is proposing to add hoop houses to the list of allowable accessory buildings, structures, and uses in Section 3.8.1 of the Land Use Code. 89.7% of respondents felt that the City is moving in the right direction in exempting Hoop Houses from the building code. Additionally, 75.6% preferred that the City work to produce and distribute informational brochures illustrating best practices, versus 26.7% who felt that the City should develop specific standards for Hoop Houses. Citizen concerns generally surrounded visual impacts, improper mooring, and HOA restrictions. A number of citizens suggested that should problems arise, the City could move from informational brochures to standards and regulations. Survey results were much more mixed regarding Animal Regulations in the four zone districts where they are currently allowed but not regulated. 57.7% of respondents felt that the City did not need regulations in the four districts, versus 38.8 who did. 55.2% felt that the City should not establish setbacks, versus 42.5% who thought that the City should. 66.7% felt that the City should establish standards for the amount of open space per animal, and 66.3% agreed that the City should establish buffers from water sources to protect water quality. Roosters in City limits continued to be the source of most contention, with 55.8% in favor of keeping Roosters in City limits, versus 39.5% who feel that they should be banned. Most participants (62.4%) do not own farm animals, but do have neighbors who do (62.8%). Roughly half had received a postcard. 88.2% had not experienced any problems with animals, and 88.2% were also in favor of a delay in regulatory enforcement should new regulations be implemented, for citizens to gradually make changes and transition. City Staff is looking into the citizens who have had problems with farm animals and are in favor of banning Roosters in an effort to isolate trends, identify gaps in our public outreach pertaining to existing statutes, and address any procedural issues we discover. Staff is also preparing for 2 local farm visits, and preparing to present the Survey and Open House results to the local Food Cluster Policy Subcommittee to solicit advice and feedback on the appropriate next steps. Packet Pg. 162 Attachment8.3: Online Survey Summary (Urban Ag - Phase Two- Hoop Houses) December 2, 2013 Re: Urban Agriculture Phase II From: Sam Houghteling, EHO MEMORANDUM: Open House 11/20/13 On Wednesday November 20, 2013, representatives from the City of Fort Collins and the Larimer County Humane Society hosted the second Urban Agriculture open house, specifically pertaining to (1) Hoop Houses and (2) Farm Animals in the four zone districts where they are currently allowed but not regulated. Approximately 15 citizens attended the meeting, and they brought with them a wide range of opinions and concerns. City Staff was available to answer questions, explain the current process to date, present the survey results, and assist citizens complete the online survey that had not yet done so. Survey results were clear in citizen support of Hoop Houses. 89.7% of respondents felt that the City is moving in the right direction in exempting Hoop Houses from the building code. Additionally, 75.6% preferred that the City work to produce and distribute informational brochures illustrating best practices, versus 26.7% who felt that the City should develop specific standards for Hoop Houses. These results fell in line with the feedback received at the Open House; citizens were in favor of encouraging urban agriculture and local food production, and felt that these changes would work in doing so. Survey results (and Open House feedback) were much more mixed regarding Animal Regulations in the four zone districts where they are currently allowed but not regulated. 57.7% of respondents felt that the City did not need regulations in the four districts, versus 38.8 who did. 55.2% felt that the City should not establish setbacks, versus 42.5% who thought that the City should. 66.7% felt that the City should establish standards for the amount of open space per animal, and 66.3% agreed that the City should establish buffers from water sources to protect water quality. Roosters in City limits continued to be the source of most contention, with 55.8% in favor of keeping Roosters in City limits, versus 39.5% who feel that they should be banned. Citizens who attended the Open House fell on both sides of this issue as well, and conversation centered on the Rooster debate. Three participants felt that they should not be allowed in City limits; at least two of these citizens themselves affected by noise related nuisances of a neighboring Rooster. One adamant Rooster supporter asked that if the City does ban Roosters in the 4 districts currently allowed, could there be an exemption added to the Urban Agriculture License if the noise was addressed through surgery, if they were for 4H, or if they had neighbors sign off? Another participant felt strongly that new standards for open space should reflect proper animal health, not necessarily the pastures ability to feed that animal 100%. City Staff is preparing to present the Survey and Open House results to the local Food Cluster Policy Subcommittee, and solicit advice and feedback on the appropriate next steps. Packet Pg. 163 Attachment8.4: Open House Summary (Urban Ag - Phase Two- Hoop Houses) Fort Collins Local Food Cluster LOCAL POLICY SUBCOMMITTEE MEETING Date: 12.13.2013 Time: 1:00-2:30 In Attendance: Sam Houghteling – City of FC Economic Health, Lindsay Ex – City of FC Planning, Martha Sullins – CSU Extension, Beth Sowder – City of FC Neighborhood Services, Dan Weinheimer – City of FC Legislative, Rachel Rambo – Naropa, Erich Stroheim – CSU/A Growing Project, Kelly Burwell – CanDo, Amy Kafka – Garden Sweet, Cindy Roberts – FoCo Café, Ryan Wilson. This was the first meeting of the Local Policy Subcommittee. Next Meeting: Unknown; potentially in the afternoon on the 2nd Friday of the month. Meeting Summary: 1. Sam & Lindsay presented on: a. Local Initiatives: Urban Agriculture Phase II Regulations i. Phase I: allowed urban agriculture in all districts, more farmers markets, allowed more animals to be raised. ii. What are other communities doing? iii. Outreach to date: online survey, focus groups, open house. iv. Survey results. v. Hoop House direction: removal from the building code & creation of a best practice brochure in conjunction with CSU extension. vi. Animal Regulation direction: pursue complaints on an individual basis, and work with City/County staff to identify areas of concern, as well as enforcement gaps. vii. Next steps: farm tours, & solicit feedback from group. 1. Group was uniformly in favor of City direction. 2. Concern regarding storm water/run off. 3. Centralize regulations. b. State Initiatives: i. Colorado Food Systems Advisory Council recommends: 1. Direct Market Technical Assistance to CO Producers a. Clarify farm to plate food safety regulations. b. Support food & farm business development & management. c. Increase direct market access for producers of all sizes. 2. Increase SNAP at Farmers Markets Packet Pg. 164 Attachment8.5: Local Food Cluster Policy Subcommittee Notes (Urban Ag - Phase Two- Hoop Houses) a. Expand services for Producers and Consumers to increase the use of SNAP, including training, education, outreach, evaluation. ii. Update on CA Bill 551 – Urban Ag Incentive Zone Proposal 1. Tax relief for land owners of vacant, unimproved, or blighted urban land for small scale food production. c. Federal Initiatives: i. Won’t know until the final Farm Bill is approved… 2. General Feedback & Concerns: a. Amy: waivers for low-income residents for animal licenses, etc? b. Amy: education on local food needs to increase. c. Rachel: align with State initiatives. d. Dan: prioritize themes. e. Cindy: other suggestions for elongating growing season, not just hoop houses. f. General: Food tax of 2.5% -- remove for local food? g. Amy: Local program to get hens to low income families? h. Ryan: Regulations should focus on animal welfare and population density. i. General: Marketing & Outreach – create/maintain an online presence. 3. Next Steps: a. Ascertain meeting availability. b. Call a meeting in January. c. Continue with current Urban Ag Phase II regulations. d. Create informational brochure. e. Sam will be taking more of a leadership role moving forward. f. Dan will be tracking legislation in Denver. Packet Pg. 165 Attachment8.5: Local Food Cluster Policy Subcommittee Notes (Urban Ag - Phase Two- Hoop Houses) Planning and Zoning Board Hearing Minutes February 13, 2014 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Jennifer Carpenter Phone: (H) 231-1407 Chair Carpenter called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hansen, Hart, Heinz, Hobbs, Kirkpatrick, and Schneider Absent: None Staff Present: Kadrich, Eckman, Wray, Gloss, Beals, Burnett, Ex, Houghteling, and Cosmas Agenda Review Member Carpenter provided background on the board’s role and what the audience could expect as to the order of business. She described the following processes:  While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated.  The Board is here to listen to citizen comments. Each citizen may address the Board once for each item.  Decisions on development projects are based on compliance or non-compliance with city Land Use Code.  Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well.  This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Director Laurie Kadrich reviewed the items on both the Consent and Discussion agendas. Public Input on Items Not on the Agenda: None. Consent Agenda: 1. Minutes from January 9, 2014 2. Land Use Code Text Amendments to Regulate Retail Marijuana Establishments 3. Proposed Amendment to the City Structure and Zoning for Phase IV of Southwest Enclave Annexation 4. Urban Agriculture Phase II Code Changes Packet Pg. 166 Attachment8.6: February, 2014 Planning and Zoning Board Draft Meeting Minutes (Urban Ag - Phase Two- Hoop Houses) Planning & Zoning Board February 13, 2014 Page 2 Member Hart made a motion to approve the February 13, 2014, Consent agenda as stated, including minutes from the January 9, 2014, hearing, Land Use Code Text Amendments to Regulate Retail Marijuana Establishments, Proposed Amendment to the City Structure Plan and Zoning for Phase IV of the Southwest Enclave Annexation, and Urban Agriculture Phase Two Code Changes. Member Kirkpatrick seconded. The motion passed 7-0. Discussion Agenda: 5. Townhomes at Library Park, Addition of Permitted Use and PDP, #PDP130033 _______ Project: Townhomes at Library Park, Addition of Permitted Use and PDP, #PDP130033 Project Description: This is a request for an Addition of Permitted Use and P.D.P. for allow for ten Single Family Attached Dwellings located at 220 East Olive Street at the northwest corner of East Olive Street and Mathews Street. This parcel is located in the Neighborhood Conservation Buffer, N-C-B zone district. The existing structure would be demolished. The ten units would be divided into two, five-plex buildings bisected by a common driveway. Six of the units would be four stories in height and four of the units would be three stories. The lot measures 90’ x 140’ for a total of 12,600 square feet. The Addition of a Permitted Use is submitted in conjunction with the accompanying P.D.P. This P.D.P. includes six Modifications of Standard relating to floor-to-area ratios, setbacks, building height and driveway width. Recommendation: Approval Senior Planner Shepard gave an overview of the project. Slides were provided as a visual aide to his presentation. He noted that Brad Florin, applicant, was not yet present. Since Mr. Florin has a presentation for the Board, Chair Carpenter decided to take a short recess to allow time for the applicant to arrive. Recess began at 6:11pm – meeting resumed at 6:19pm. Chair Carpenter asked Senior Planner Shepard to continue with his presentation of the Additional Permitted Use (APU). He outlined the criteria for this specific project. Townhomes have evolved since the early 90s from being horizontal to vertical, where each unit is on its own separate lot less density with this arrangement. Applicant presentation: Brad Florin, with NoCo Townhomes, presented an aerial shot of the proposed project. He showed a proposed site plan, including the permanent easement which will be used to create a green space and a snow-melt system for the driveways. Showed various views from different angles. Showed modification categories and gave history of the building since 2007. Mod I- increase the floor area to 26,188 sq ft. Justification is that it is an infill project, not residential. Mod II – modified setbacks to meet standards. Want to setback Mathews and Olive to 0 feet. Mod III – Fourth story with habitable space setback at least 10’ with justification. Mod IV – Driveway width proposed to be 24’ with justification. Request the Addition of Permitted Use. – could be built as a multi-family condo project. Packet Pg. 167 Attachment8.6: February, 2014 Planning and Zoning Board Draft Meeting Minutes (Urban Ag - Phase Two- Hoop Houses) - 1 - ORDINANCE NO. 034, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 3.8.31 AND 5.1.2 OF THE LAND USE CODE PERTAINING TO HOOP HOUSES WHEREAS, in 2011, the City Council adopted the City Plan Safety and Wellness Vision, which contains numerous policies supporting local food production, including Principle SW3, which directs staff to encourage and support local food production to improve the availability and accessibility of healthy foods, and to provide other educational, economic, and social benefits; and WHEREAS, in 2013, the City Council adopted Ordinance No. 096, 2013, which allowed for urban agriculture in all zone districts throughout the City; and WHEREAS, City staff has conducted citizen outreach regarding potential urban agriculture land use changes, and throughout that process, numerous citizens have asked that hoop houses be permitted in the City in order to increase year-round food production potential; and WHEREAS, City staff has conducted outreach on the potential benefits and impacts of allowing hoop houses and has found that significant support exists for allowing hoop houses within the City to promote year round access to locally produced foods, although some concern has been expressed about the potential neighborhood impacts of larger hoop house structures; and WHEREAS, requiring that hoop houses be allowed only pursuant to an urban agriculture license will serve as a proper method for addressing the concerns raised by citizens so that the location and architectural characteristics of the hoop houses will not adversely impact neighborhoods; and WHEREAS, accordingly, City staff has recommended certain amendments to Sections 3.8.31 and 5.1.2 of the Land Use Code; and WHEREAS, the City Council believes that the proposed amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.1 of the Land Use Code is hereby amended by the addition of a new subparagraph (15) which reads in its entirety as follows: 3.8.1 Accessory Buildings, Structures and Uses . . . Packet Pg. 168 - 2 - (15) hoop houses. Section 2. That Division 3.8.31(C)(2) of the Land Use Code is hereby amended to read as follows: 3.8.31 Urban Agriculture . . . (C) Standards. . . . (2) General Standards. Urban agriculture shall be allowed as a permitted use, provided that all of the following conditions are met: . . . (j) Hoop Houses. If an urban agriculture land use contains a hoop house, then the hoop house shall be set back a minimum of five (5) feet from any property line and shall also be located in such a manner that the hoop house does not generate potential adverse impacts on adjacent uses, such as shading or glare. (jk) Additional Impact Mitigation. Measures such as landscaping, fencing, or setbacks to mitigate potential visual, noise, or odor impacts on adjoining property may be required by the Director. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line of the parcel where the urban agriculture land use is conducted. Where an urban agriculture land use abuts a residential use, there shall be a minimum setback of five (5) feet between the operation and the property line. . . . Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Hoop houses” which reads in its entirety as follows: Hoop house shall mean a structure used for the purpose of growing crops that has a semi-flexible, non-metallic frame covered by a flexible polyethylene film of not more than six (6) mil, but not containing any mechanical or electrical systems or equipment or storage items. Packet Pg. 169 - 3 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 170 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Bob Poncelow, Fire Marshal Tom DeMint, PFA Fire Chief SUBJECT Hearing and First Reading of Ordinance No. 035, 2014 Amending Chapter 9 of the City Code and Adopting by Reference the 2012 International Fire Code, with Amendments. EXECUTIVE SUMMARY The purpose of this item is to update the International Fire Code (IFC). Poudre Fire Authority is responsible for the enforcement and administration of the International Fire Code within the City of Fort Collins. Every three years, the IFC is updated by the International Code Council (ICC) with the most recent update published in 2012. Poudre Fire Authority routinely reviews new codes, proposes local amendments and then seeks adoption of the Code changes by City Council. The proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several changes to the local Code. Changes include regulations related to the placement of solar panels on residential roofs, additional clarification and requirements for emergency responder radio coverage in large buildings, minimal maintenance provisions for roof top gardens and provisions to protect firefighters from roof top hazards such as cables and wires. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION At the June 2013 Poudre Fire Authority (PFA) Board meeting, the PFA Board adopted Resolution 13-9, appointing the Fire Code Review Committee (FCRC) . This volunteer committee was asked to review the 2012 International Fire Code (IFC) and the proposed amendments. The FCRC completed its work on Thursday December 16, 2013, with a unanimous recommendation to adopt the 2012 IFC, along with the accompanying amendments. At its January 28, 2014 meeting, the PFA Board unanimously approved the Code adoption and amendments by Resolution. The FCRC met for four months in order to review the Code. PFA Fire Prevention staff participated in this review with the FCRC, which included detailed discussions of every Code chapter and section. Since there had been two editions (2009 and 2012) of the Code published since the last adoption in 2008, both Code editions were reviewed, along with current Code amendments. This process provides both staff and committee members important insights about community issues/concerns and the Fire Code. The hard work and commitment shown by the FCRC has provided PFA with a quality community safety resource. The FCRC reviewed all the proposed changes, including duplicate changes that were adopted as part of the recent International Building Code (IBC) for the City of Fort Collins and those local amendments to the IBC. Since Chapter 10 is the same in the Building and Fire Code as published by the International Code Council (ICC) it is essential that local amendments between the Building and Fire Code be correlated and, as the Building department is primarily tasked with the enforcement of Chapter 10, it makes sense for the IFC to be amended in the same way the local building official amended the International Building Code. Packet Pg. 171 Agenda Item 9 Item # 9 Page 2 The committee’s primary goal was the reduction of local amendments to the Code. They were able to reduce the total number, as well as focus the amendments that were brought forward on local community needs. The local amendment for fire sprinklers has been maintained as it has been since the 1980s and as it was adopted by the Building department. The FCRC also supported amendments to new provisions in the 2012 IFC that address the placement of photo-voltaic solar panels on roofs. These amendments were developed in conjunction with the Colorado Solar Energy Industry Association (COSEIA) and are based on what other Front Range fire departments have done to make the IFC requirements work for the fire service and the solar industry. Solar installations was perhaps the most significant issue in the Code review process, but by working closely with COSEIA, a solution was found that provides for firefighter safety while still meeting the needs of the solar industry. The Poudre Valley Fire Protection District (PVFPD) adopted the 2012 IFC at its February 3, 2014 meeting and the District adoption is currently awaiting ratification by the Larimer County Commissioners. The Town of Timnath has scheduled First Reading of the 2012 IFC adoption on March 25, 2014. The amendments for these other adoptions are very similar with the primary differences being in the correlation of the amendments that were made to the IBC by the other jurisdictions. It may be of interest to Council to know that the PVFPD Board did adopt language that replicates the provisions that have existed for many years in the City of Fort Collins and Town of Timnath restricting the sale, possession and use of fireworks. While this provision will not become effective until August 1, 2014, it is anticipated to have an impact on firework related incidents and complaints starting in 2015. ATTACHMENTS 1. Resolution 13-9 (PDF) 2. Resolution 14-2 (PDF) Packet Pg. 172 Packet Pg. 173 Attachment9.1: Resolution 13-9 (Fire Code-2012) Packet Pg. 174 Attachment9.2: Resolution 14-2 (Fire Code-2012) - 1 - ORDINANCE NO. 035, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF FORT COLLINS AND ADOPTING BY REFERENCE THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS WHEREAS, the City has previously adopted the 2006 International Fire Code (“IFC”), with amendments in order to minimize the human suffering and property loss from fire; and WHEREAS, the 2012 edition of the IFC represents the most current version now available; and WHEREAS, a Fire Code Review Committee, formed by the Poudre Fire Authority (“PFA”) in 2012 for the purpose of reviewing the 2012 IFC, has unanimously recommended that the jurisdictions being served by the PFA adopt the 2012 IFC with certain amendments tailored to the circumstances in Fort Collins and jurisdictions served by the PFA; and WHEREAS, the Fire Prevention staff of the PFA, working in conjunction with the Fire Code Review Committee, has also reviewed the 2012 IFC and the amendments proposed by the Committee and has recommended that the jurisdictions being served by the PFA adopt the 2012 IFC with the local amendments; and WHEREAS, at its January 28, 2014, meeting, the PFA Board of Directors approved Resolution 14-2 recommending that the 2012 IFC with the local amendments be adopted by those jurisdictions being served by the PFA; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety and welfare of the City and its citizens that the 2012 IFC with the local amendments in substantially the form recommended by the Fire Code Review Committee and the PFA staff be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 9-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 9-1. Adoption of the International Fire Code, 2012 Edition. Pursuant to the authority conferred by Article II, Section 7 of the Charter and by Section 31-16-20 l et seq., C.R.S., there is hereby adopted by reference as the fire code of the City, for the purposes of safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, International Fire Code, 20062012 Edition, as promulgated by the International Code Council, Inc. Except as any portion of this fire code is herein after added to, deleted, modified or amended in this Chapter, this fire code shall include all articles and appendices in the International Fire Code, 20062012 Edition. Not less than three (3) copies of this fire code shall be on file in the office of the Fire Marshal and may be inspected at regular business hours and purchased from the Fire Prevention Bureau at a price not to exceed eighty-seven dollars ($87.)ninety-seven dollars ($97.) per copy. The Packet Pg. 175 - 2 - provisions of this fire code shall be controlling within the limits of the City of Fort Collins. Section 2. That Section 9-2 of the Code of the City of Fort Collins is hereby repealed in its entirety and reenacted to read as follows: Sec. 9-2. Amendments, additions, and deletions. The following articles, sections, divisions, subsections and appendices of the International Fire Code, 2012 Edition, are hereby added, amended, deleted and renumbered to read as follows: (1) Section 101.1 Title is hereby amended to read as follows: “101.1 Title. These regulations shall be known as the Fire Code of the City of Fort Collins, hereinafter referred to as ‘this code.’” (2) Sections 103.4 Liability and 103.4.1 Legal defense are hereby amended to read as follows: “103.4 Liability. The fire code official, member of the board of appeals, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties, unless such act or omission is willful and wanton, as provided in the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S.” “103.4.1 Legal defense. Any suit instituted against any officer or employee because of an act or omission performed by that officer or employee in the lawful discharge of duties and under the provisions of this code during the performance of his or her duties and within the scope of his or her employment, unless such act or omission is willful and wanton, as provided in the Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S., shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.” Packet Pg. 176 - 3 - (3) Section 108.1Board of appeals established is hereby amended to read as follows: “108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals to be known as the Fire Board of Appeals. The members of the City of Fort Collins Building Review Board, as appointed from time to time, shall constitute the Fire Board of Appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. Application for an appeal to the board and all process and procedures for an appeal shall be as stipulated in the International Building Code, Section 113 as amended and adopted by the City of Fort Collins. This section shall not be applicable to the appeal of fees or fine amounts, which shall be appealed to the City Manager pursuant to Chapter 2, Article VI of the City Code.” (4) Section 108.3 is hereby deleted in its entirety. (5) Section 109.4 Violation penalties is hereby amended to read as follows: “109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than [amount] dollars or by imprisonment not exceeding [number of days], or both such fine and imprisonmentand upon conviction shall be subject to the penalties, costs and orders as provided by Section l-15 of the City Code. Each day that a violation continues is deemed a separate offense.” (6) Section 113.2 Schedule of permit fees is hereby amended to read as follows: “113.2 Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authorityPoudre Fire Authority.” (7) Section 113.3 Work commencing before permit issuance is hereby amended to read as follows: “113.3 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee established by the applicable governing authority, which shall be in addition to the required permit fees. In addition to the penalties set forth in Section 109.4, any person who, before obtaining the necessary permit(s), commences any construction of, or work on, a building, structure, fire protection system, fire alarm Packet Pg. 177 - 4 - system, or fire extinguishing system that is not otherwise exempted from obtaining a permit, shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall be equal in amount to the permit fee, except that it shall not be less than $50 nor more than $1,000 for the first such violation. A person committing the same such violation repeatedly shall be subject to a fine equal to double the amount of the permit fee or double the amount of the fee imposed for the preceding violation, whichever is greater, for every same such subsequent violation committed within 180 days of a previous violation. Said fees and fines may be appealed to the City Manager pursuant to Chapter 2, Article VI of the City Code.” (8) Section 202, Definitions, is hereby amended by the addition of a new definition “FIRE CONTAINMENT AREA” which reads as follows: “FIRE CONTAINMENT AREA. A portion of a story or basement which is totally enclosed by not less than one-hour fire-resistive construction and as prescribed in Section 709, entitled ‘Fire Partitions’ and Section 710, entitled ‘Smoke Barriers’ of the International Building Code as adopted by the City of Fort Collins. Openings other than doors and ducts shall be protected as specified in Section 715.5 of the International Building Code as adopted by the City of Fort Collins and shall be limited to a maximum of 25 percent of any one wall. Self-closing devices may be used in place of automatic closing devices on doors unlikely to be fixed open during normal conditions. Examples are doors at toilet rooms, closets and small storage rooms and similar areas.” (9) Section 307.2.2 Time and atmospheric restrictions is hereby added to read as follows: “307.2.2 Time and atmospheric restrictions. Open burning shall only be performed when time and atmospheric conditions comply with the limits set forth in the Open Burning Permit.” (10) Section 507.2 Type of water supply is hereby amended to read as follows: “507.2 Type of water supply. A water supply shall consist of reservoirs pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required sustainable fire flow.” (11) Section 605.11.3.2.1 Residential buildings with hip roof layouts is hereby amended to read as follows: “605.11.3.2.1 Residential buildings with hip roof layouts. Panels/modules installed on residential buildings with hip roof layouts shall be located in a manner that provides a 3- foot-wide (914 mm) clear access pathway from the eave to the ridge on each roof slope where panels/modules are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of fire fighters accessing the roof. Packet Pg. 178 - 5 - Exceptions: 1. These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 2. These requirements shall not apply to roofs where each panel/module array area on the roof is 1,000 square feet (92.90 m²) or less in size, no continuous section of panels/modules is larger than 150 feet in length or width, a clear access pathway of not less than 12-inch-width is provided along each side of all horizontal ridges, and a clear access pathway of not less than 30-inch-width is provided from the eave to the ridge of one roof slope where panels/modules are located. 3. These requirements shall not apply to roofs where each panel/module array area on the roof is 1,000 square feet (92.90 m²) or less in size, no continuous section of panels/modules is larger than 150 feet in length or width, a clear access pathway of not less than 12-inch-width is provided along each side of all horizontal ridges, panels/modules are placed on both sides of a hip, and a clear access pathway of not less than 18-inch-width is provided along each side of such hip. 4. These requirements shall not apply to roofs where the total combined area of solar array does not exceed 33% as measured in plan view of the total roof area of the structure.” (12) Section 605.11.3.2.2 Residential buildings with a single ridge is hereby amended to read as follows: “605.11.3.2.2 Residential buildings with a single ridge. Panels/modules installed on residential buildings with a single ridge shall be located in a manner that provides two, 3- foot-wide (914 mm) clear access pathways from the eave to the ridge on each roof slope where panels/modules are located. Exceptions: 1. This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 2. This requirement shall not apply to roofs where each panel/module array area on the roof is 1,000 square feet (92.90 m²) or less in size, no continuous section of panels/modules is larger than 150 feet in length or width, and a clear access pathway of not less than 12-inch-width is provided along each side of the horizontal ridge provided that: a. The total combined area of solar array does not exceed 33% as measured in plan view of the total roof area of the structure; or b. A 30-inch-wide clear access path is provided from the eave to the ridge of a roof slope where panels/modules are located.” (13) Section 605.11.3.2.3 Residential buildings with roof hips and valleys is hereby amended to read as follows: Packet Pg. 179 - 6 - “605.11.3.2.3 Residential buildings with roof hips and valleys. Panels/modules installed on residential buildings with roof hips and valleys shall be located no closer than 18 inches (457 mm) to a hip or a valley where panels/modules are to be placed on both sides of a hip or valley. Where panels are to be located on only one side of a hip or valley that is of equal length, the panels shall be permitted to be placed directly adjacent to the hip or valley. In addition, a 12-inch-wide clear access pathway shall be provided along each side of any horizontal ridge.” Exceptions: 1. TheseThis requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 2. This requirement shall not apply to roofs where a 30-inch-wide clear access pathway is provided from the eave to the ridge as well as 12-inch-wide clear access pathways along each side of any horizontal ridge. (14) Section 605.11.3.2.5 Pathways is hereby added to read as follows: “605.11.3.2.5 Pathways. All access pathways required under this Section 605.11.3.2 shall be provided in a structurally strong location on the building capable of supporting the live load of firefighters accessing the roof.” (15) Section 702.1 Definitions is hereby amended to read as follows: 702.1 Definitions. The following terms are defined in Chapter 2: DRAFTSTOP. FIRE-RESISTANT JOINT SYSTEM. FIREBLOCKING. FIRE CONTAINMENT AREA. (16) Table 903.1 Maximum Allowable Fire Containment Area is hereby added to read as follows: “TABLE 903.1 MAXIMUM ALLOWABLE FIRE-CONTAINMENT AREA (IN SQUARE FEET) Types of Construction Occupancy I A I B II A II B III A III B IV-HT V A V B A1 10,000 10,000 NP NP NP NP NP NP NP A2, 10,000 10,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 A3, 4 10,000 10,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 B, F1, S1, S2, M, U 10,000 10,000 7,000 5,000 7,000 5,000 7,000 7,000 5,000 Packet Pg. 180 - 7 - F2 20,000 20,000 10,000 7,000 10,000 7,000 10,000 10,000 5,000 E 10,000 10,000 7,000 5,000 7,000 5,000 7,000 7,000 5,000 NP = Not Permitted Exception: S2 Open parking garages in accordance with Section 406.5” (17) Section 903.2 Where required, is hereby amended by adding a second exception to read as follows: “2. Except for Group R Occupancies an automatic sprinkler system shall be installed in all buildings which are not divided into fire containment areas as specified in Table 903.1.” (18) Section 903.2.11.1.3 Basements is hereby amended to read as follows: “903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, or where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system.” (19) Section 903.3.1.2 NFPA 13R sprinkler systems is hereby amended to read as follows: “903.3.1.2 NFPA 13R Group R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R Section 903.3.1.1.” (20) Subsection 904.11.6.4 Existing automatic fire extinguishing systems is hereby added to read as follows: “904.11.6.4 Existing automatic fire extinguishing systems. Where changes in the cooking media, positioning of cooking equipment or replacement of cooking equipment occur in existing commercial cooking systems, the automatic fire extinguishing system shall be required to comply with the applicable provisions of Sections 904.11 through 904.11.4.” (21) Section 907.2.11 Single- and multiple-station smoke alarms is hereby amended by adding a second paragraph thereto to read as follows: “When one or more sleeping rooms are added or created in existing Group R Occupancies, the entire building shall be provided with smoke detectors located and installed as required for new Group R Occupancies described herein.” Packet Pg. 181 - 8 - (22) Section 907.8.6 Excessive false alarms is hereby added to read as follows: “907.8.6 Excessive false alarms. An excessive number of false alarms shall be defined as two alarm activations for a fire alarm system within a 60-day period, provided that any such activations are not the result of a cause reasonably beyond the control of the owner, tenant or operator of the building. In the event of an excessive number of false alarms, the fire code official may order the building owner, tenant or operator of the building, or party responsible for the building to take reasonable actions necessary to prevent false alarms. These actions may include: repair or replacement of the faulty alarm components, addition of tamper proof devices, modification of system design, or repair of other building components which affect alarm system performance. The fire code official may also require the building owner, tenant or operator or party responsible for the building to obtain an approved maintenance contract with a qualified fire alarm maintenance technician as required by NFPA 72 to provide continuous maintenance service of the system.” (23) Section 908.7 Carbon monoxide alarms is hereby amended by deleting the exception: Exception: Sleeping units or dwelling units which do not themselves contain a fuel-burning appliance or have an attached garage, but which are located in a building with a fuel-burning appliance or an attached garage, need not be equipped with single-station carbon monoxide alarms provided that: 1. The sleeping unit or dwelling unit is located more than one story above or below any story which contains a fuel-burning appliance or an attached garage; 2. The sleeping unit or dwelling unit is not connected by duct work or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage; and 3. The building is equipped with a common area carbon monoxide alarm system. (24) Section 1007.3 Stairways, Exceptions 1, 2 are hereby amended to read as follows: Exceptions: 1. The clear width of 48 inches (1219 mm) between handrails is not required in buildings not more than 4 stories above grade plane equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. 2. Areas of refuge are not required at stairways in buildings not more than 4 stories above grade plane equipped throughout by an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. (25) Section 1007.4 Elevators is hereby amended by adding a new Exception 5 to read as follows: Packet Pg. 182 - 9 - “5. Elevators in buildings not more than 4 stories above grade plane are not required to be considered an accessible means of egress when the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.” (26) Section 1007.8 Two-way communication Exception 1 is hereby amended to read as follows: “Exception: 1. Two-way communication systems are not required at the elevator landing where the two-way communication system is provided within areas of refuge in accordance with Section 1007.6.3 of buildings not required to provide areas of refuge in accordance with Section 1007.4.” (27) Section 1008.1.5 Floor elevation is hereby amended by adding a second paragraph to read as follows: “All exterior steps, slabs, walks, decks and patios serving as exterior door landings or exterior stairs shall be adequately and permanently secured in place by approved methods to prevent such landings or stairs from being undermined or subject to significant displacement due to improper placement of supporting backfill or due to inadequate anchoring methods.” (28) Section 1008.1.5 Floor elevation is hereby further amended by adding a new Exception 6 to read as follows: “6. Exterior doors serving individual dwelling units, other than the main entrance door to a dwelling unit, may open at one intervening exterior step that is equally spaced between the interior floor level above and exterior landing below, provided that the step has a minimum tread depth of 12 inches, a maximum riser height of 7 ¾ inches (7.75”), and a minimum width equal to the door width, and further provided that the door does not swing over the step.” (29) Section 1009.15 Handrails is hereby amended to read as follows: “1009.15 Handrails. Stairways of more than one riser shall have handrails on each side and shall comply with Section 1012. Where glass is used to provide the handrail, the handrail shall also comply with Section 2407 of the International Building Code, as amended and adopted by the City of Fort Collins.” (30) Section 1013.8 Window sills is hereby amended to read as follows: “1013.8 Window sills. In Occupancy Groups R-2 and R-3, one- and two-family and multiple-family dwellings, where the opening of the sill portion of an operable window is Packet Pg. 183 - 10 - located more than 72 inches (1829 mm) above the finished grade or other surface below, the lowest part of the clear opening of the window shall be at a height not less than 36 inches (915 mm)24 inches (304.8 mm) above the finished floor surface of the room in which the window is located. Operable sections of windows shall not permit openings that allow passage of a 4-inch-diameter (102 mm) sphere where such openings are located within 36 inches (915 mm) of the finished floor.” Exceptions: 1. Operable windows where the sill portion of the opening is located more than 75 feet (22 860 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F 2006. 2. Windows whose openings will not allow a 4-inch diameter (102 mm) sphere to pass through the opening when the openingwindow is in its largest opened position. 3. Openings that are provided with non-removable window fall prevention devices that comply with ASTM F 2090. 4. Windows that are provided with non-removable window opening control devices that comply with Section 1013.8.1. 5. Emergency escape and rescue windows shall be installed per Section 1029. (31) Section 1013.9 Below grade openings is hereby added to read as follows: “1013.9 Below grade openings. All area wells, stair wells and light wells attached to any building that are located less than 36 inches from the nearest intended walking surface and deeper than 36 inches below the surrounding ground level, creating an opening with a horizontal dimension greater than 24 inches measured perpendicular from the building, with the side walls of such well having a slope steeper than 2 horizontal to 1 vertical, shall be protected with guardrails conforming to this Section around the entire opening, or be provided with an equivalent barrier. Exceptions: 1. The access side of stairways need not be barricaded. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section 1029.4 of this code. 3. Covers and grates may be used over stairways and other openings used exclusively for service access or for admitting light or ventilation.” (32) Section 1029.1 General, Exception 1 is hereby amended to read as follows: “Exception: 1. Basements with a ceiling height of less than 80 inches (2032 mm)72 inches (1828.8 mm) shall not be required to have emergency escape and rescue openings.” Packet Pg. 184 - 11 - (33) Section 1029.3.1 Minimum height from floor is hereby added to read as follows: “1029.3.1 Minimum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not less than 24 inches (609.6 mm) measured from the floor.” (34) Section 1029.5 Window wells is hereby amended by adding an exception to read as follows: “Exception: With the window in the full open position, the bottom window well step may encroach a maximum of 12 inches (304 mm) into the minimum horizontal projection, provided the well meets the following criteria: 1. The bottom of the well is not less than 36 inches wide (914 mm), centered horizontally on the openable portion of the emergency escape and rescue door or window, and 2. An unobstructed clear horizontal projection of 36 inches (914 mm) is maintained at the centerline of the openable portion of the emergency escape and rescue door or window.” (35) Section 5601.1.3Fireworks is hereby amended to read as follows: “5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Storage and handling of fireworks as allowed in Section 5604. 2. Manufacture, assembly and testing of fireworks as allowed in Section 5605. 32. The use of fireworks for fireworks display as allowed in Section 5608.” 4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable law, ordinances and regulations, provided such fireworks comply with CPSC 16 CFR Parts 1500 and 1507 and DOTn 49 CFR Parts 100-185, for consumer fireworks. (36) Appendix A is hereby deleted in its entirety. (37) Appendix B is hereby deleted in its entirety and readopted to read as follows: APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS Packet Pg. 185 - 12 - SECTION B101 GENERAL “B101.1 Scope. The procedure for determining fire-flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with this appendix. This appendix does not apply to structures other than buildings.” SECTION B102 DEFINITIONS “B102.1 Definitions. For the purpose of this appendix, certain terms are defined as follows: FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, that is available for firefighting. FIRE-FLOW CALCULATION AREA. The floor area, in square feet (m²), used to determine the required fire flow.” SECTION B103 MODIFICATIONS “B103.1 Decreases. The fire chief is authorized to reduce the fire-flow requirements for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire-flow requirements is impractical.” B103.2 Increases. The fire chief is authorized to increase the fire-flow requirements where conditions indicate an unusual susceptibility to group fires or conflagrations. An increase shall not be more than twice that required for the building under consideration. B103.3 Areas without water supply systems. For information regarding water supplies for fire-fighting purposes in rural and suburban areas in which adequate and reliable water supply systems do not exist, the fire code official is authorized to utilize NFPA 1142 or the International Wildland-Urban Interface Code." SECTION B104 FIRE-FLOW CALCULATION AREA “B104.1 General. The fire-flow calculation area shall be the total floor area of all floor levels within the exterior walls, and under the horizontal projections of the roof of a building, except as modified in Section B104.3.” “B104.2 Area separation. Portions of buildings which are separated by fire walls without openings, constructed in accordance with the International Building Code, are allowed to be considered as separate fire-flow calculation areas.” “B104.3 Type 1A and Type 1B construction. The fire-flow calculation area of buildings constructed of Type 1A and Type 1B construction shall be the area of the three largest successive floors. Packet Pg. 186 - 13 - Exception: Fire-flow calculation area for open parking garages shall be determined by the area of the largest floor.” SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS “B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two-family dwellings shall be 1,000 gallons per minute in urban areas and 500 gallons per minute in rural areas. Exception: A reduction in required fire flow of 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system.” “B105.2 Buildings other than one- and two-family dwellings. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105. Exception: A reduction in required fire-flow of up to 75 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.” TABLE B105 APPLICATION FIRE FLOW REQUIREMENTS (gpm) SPACING BETWEEN HYDRANTS (feet) MAXIMUM DISTANCE FROM ANY POINT ON A STREET OR ROAD FRONTAGE TO A HYDRANT (feet) Commercial 1500 600 300 Urban Residential 1000 800 400 Rural Residential 500 800 400 SECTION B106 REFERENCED STANDARDS “ICC IBC—12 International Building Code B104.2, Table B105.1 ICC IWUIC—12 International Wildland-Urban Interface Code B103.3 NFPA 1142—12 Standard on Water Supplies for Suburban and Rural Fire Fighting B103.3” Packet Pg. 187 - 14 - (38) Appendix C is hereby deleted in its entirety and readopted to read as follows: SECTION C101 GENERAL “C101.1 Scope. Fire hydrants shall be provided in accordance with this appendix for the protection of buildings, or portions of buildings, hereafter constructed.” SECTION C102 LOCATION “C102.1 Fire hydrant locations. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets.” SECTION C103 NUMBER OF FIRE HYDRANTS “C103.1 Fire hydrants available. The number of fire hydrants available to a complex or subdivision shall not be less than that determined by the spacing requirements listed in Table B105 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted.” SECTION C104 CONSIDERATION OF EXISTING FIRE HYDRANTS “C104.1 Existing fire hydrants. Existing fire hydrants on public streets are considered to be available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads.” SECTION C105 DISTRIBUTION OF FIRE HYDRANTS “C105.1 Hydrant spacing. The average spacing between fire hydrants shall not exceed that listed in Table B105. Exception: 1. The fire chief is authorized to accept a deficiency of up to 10 percent where existing fire hydrants provide all or a portion of the required fire hydrant service. 2. Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table B105.” (39) Appendix D is hereby deleted in its entirety and readopted to read as follows. APPENDIX D FIRE APPARATUS ACCESS ROADS Packet Pg. 188 - 15 - SECTION D101 - GENERAL. “D10l.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code.” SECTION D102 - REQUIRED ACCESS. “D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 80,000 pounds (36,287 kg).” “D102.2 Access road construction. All access roadways must be all-weather driving surfaces capable of supporting fire apparatus. Surface shall be asphalt, concrete, or compacted road base. Compacted road base or chip shall only be used for a temporary emergency access. Temporary access shall be available as long as the site is under construction. Thereafter, permanent fire lanes shall be accessible and unobstructed at all times. All permanent points of access shall be hard decks consisting of asphalt or concrete designed to HS 20 or support 40 ton. All required access roads must be installed and serviceable before above-ground construction begins. SECTION D103 - MINIMUM SPECIFICATIONS. “D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm) exclusive of shoulders. (See Figure D103.1).” “D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade. Exception: Grades steeper than 10 percent as approved by the fire code official.” “D103.3 Turning radius. The minimum turning radius shall be 25 feet inside radius and 50 feet outside radius.” Figure D 103.1 Packet Pg. 189 - 16 - Packet Pg. 190 - 17 - “D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4.” TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH (feet) WIDTH (feet) TURNAROUNDS REQUIRED 0-150 20 None required 151-660 20 100-foot hammerhead, 100-foot Cul-de-sac in accordance with Figure D103.1 Over 660 Special Approval Required Packet Pg. 191 - 18 - “D103.4.1 Second Point of Access Required. A second point of access shall be required when the primary access roadway exceeds 660 feet in length, measured as the hose would lay.” “D103.4.2 Third Point of Access Required. A third point of access shall be required when any access road exceeds a distance of 1,320 feet (1/4 mile) in length, measured as the hose would lay.” “D103.4.3 Fourth Point of Access Required. A fourth point of access shall be required when access road exceeds a distance of 2,640 feet (1/2 mile) in length, measured as the hose would lay.” “D103.4.4 Access location. Where two or more points of access are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line.” “D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. The minimum gate width shall be 20 feet (6096 mm). 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with a means by which the gate may be opened by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location. 7. Gate design and locking device specifications shall be submitted for approval by the fire code official prior to installation. 8. Electric gate operators, where provided, shall be listed in accordance with UL325. 9. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200.” “D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required.” Figure D103.6 Packet Pg. 192 - 19 - “D103.6.1 Roads 20 to 26 feet in width. Fire apparatus access roads 20 to 26 feet wide (6096 to 7925 mm) shall be posted on both sides as a fire lane.” “D103.6.2 Roads more than 26 feet in width. Fire apparatus access roads more than 26 feet wide (7925 mm) to 32 feet wide (9754mm) shall be posted on one side of the road as a fire lane.” SECTION D104 - COMMERCIAL AND INDUSTRIAL DEVELOPMENTS “D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall provide fire apparatus access for each structure at least 30 feet in width.” “D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m²) shall be provided with two separate and approved fire apparatus access roads.” Exception: Projects having a gross building area of up to 124,000 square feet (11,520 m²) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems." “D104.3 Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.” SECTION D105 - AERIAL FIRE APPARATUS ACCESS ROADS “D105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be NO PARKING FIRE LANE Packet Pg. 193 - 20 - determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater.” “D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 30 feet (7925 mm) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height.” “D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building.” “D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official.” SECTION D106 - MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS “D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped, throughout the entire project, with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2.” “D106.2 Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system.” SECTION D107 - ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS “D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and all dwelling units are equipped throughout with an Packet Pg. 194 - 21 - approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.3, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not exceed 30 dwelling units unless fire apparatus access roads will connect with future development, as determined by the fire code official.” SECTION D108 - REFERENCED STANDARDS ASTM F 2200—05 Standard Specification for Automated Vehicular Gate Construction ICC IFC—12 International Fire Code UL 325—02 Door, Drapery, Gate, Louver, and Window Operators and Systems, with Revisions through February 2006 (40) Appendix H is hereby adopted in its entirety. (41) Appendix I is hereby adopted in its entirety. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 195 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist SUBJECT First Reading Ordinance No. 036, 2014 Authorizing the Conveyance of Parcels of Real Property on North College Avenue to the Colorado Department of Transportation. EXECUTIVE SUMMARY The purpose of this Ordinance is to obtain authorization from City Council to convey parcels acquired on North College Avenue for road improvements to the Colorado Department of Transportation. The City constructed the North College Avenue Improvements Project - Vine to Conifer in 2012. As required for all projects involving a Colorado Department of Transportation (“CDOT”) facility, and per the intergovernmental agreement between the City and CDOT, any acquired property for road right of way purposes is required to be subsequently conveyed to CDOT. This Ordinance will authorize City staff to convey these acquired parcels to CDOT. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The North College Avenue Improvements Project - Vine to Conifer (the “Project”) required the acquisition of property interests from approximately 38 parcels including fee simple right-of-way acquisitions, permanent easements, and temporary easements. North College Avenue, also known as Highway 287, is a CDOT facility. As with all projects involving a CDOT facility, and per the intergovernmental agreement for the Project, the City agreed to convey the right-of-way areas acquired for North College Avenue, commencing at the back edge of the new sidewalk, to CDOT upon completion of the Project. This Ordinance will authorize the conveyance of these parcels to CDOT. FINANCIAL / ECONOMIC IMPACT The City agreed to convey the right-of-way areas to CDOT for a nominal amount of $10. ATTACHMENTS 1. Location Map (PDF) Packet Pg. 196 Packet Pg. 197 Attachment10.1: Location Map (North College II Conv to CDOT) - 1 - ORDINANCE NO. 036, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF PARCELS OF REAL PROPERTY ON NORTH COLLEGE AVENUE TO THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the City is the owner of various property interests acquired as part of the North College Avenue Improvements Project - Vine to Conifer (the “Project”) completed in 2012; and WHEREAS, because North College Avenue is part of State Highway 287, the Colorado Department of Transportation (CDOT) required that, at the conclusion of the Project, the City convey to CDOT all property acquired by the City for the Project that is now used as right-of- way for North College Avenue, commencing at the back edge of the new sidewalk; and WHEREAS, City staff has identified 29 parcels of land on North College Avenue, more particularly described on Exhibits “A” through “CC”, attached hereto and incorporated herein by this reference (the “Property”) that should be conveyed to CDOT; and WHEREAS, such conveyance will be by warranty deed and assignment of easement deed; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Property to the Colorado Department of Transportation as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property to the Colorado Department of Transportation on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Property, as long as such changes do not materially increase the size or change the character of the property interests to be conveyed. Packet Pg. 198 - 2 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 199 Exhibit "A" Page 1 of 2 Packet Pg. 200 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "A" Page 2 of 2 Packet Pg. 201 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "B" Page 1 of 2 Packet Pg. 202 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "B" Page 2 of 2 Packet Pg. 203 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "C" Page 1 of 2 Packet Pg. 204 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "C" Page 2 of 2 Packet Pg. 205 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "D" Page 1 of 2 Packet Pg. 206 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "D" Page 2 of 2 Packet Pg. 207 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "E" Page 1 of 2 Packet Pg. 208 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "E" Page 2 of 2 Packet Pg. 209 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "F" Page 1 of 2 Packet Pg. 210 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "F" Page 2 of 2 Packet Pg. 211 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "G" Page 1 of 3 Packet Pg. 212 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "G" Page 2 of 3 Packet Pg. 213 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "G" Page 3 of 3 Packet Pg. 214 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "H" Page 1 of 2 Packet Pg. 215 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "H" Page 2 of 2 Packet Pg. 216 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "I" Page 1 of 2 Packet Pg. 217 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "I" Page 2 of 2 Packet Pg. 218 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "J" Page 1 of 2 Packet Pg. 219 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "J" Page 2 of 2 Packet Pg. 220 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "K" Page 1 of 2 Packet Pg. 221 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "K" Page 2 of 2 Packet Pg. 222 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "L" Page 1 of 2 Packet Pg. 223 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "L" Page 2 of 2 Packet Pg. 224 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "M" Page 1 of 2 Packet Pg. 225 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "M" Page 2 of 2 Packet Pg. 226 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "N" Page 1 of 2 Packet Pg. 227 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "N" Page 2 of 2 Packet Pg. 228 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "O" Page 1 of 2 Packet Pg. 229 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "O" Page 2 of 2 Packet Pg. 230 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "P" Page 1 of 2 Packet Pg. 231 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "P" Page 2 of 2 Packet Pg. 232 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "Q" Page 1 of 2 Packet Pg. 233 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "Q" Page 2 of 2 Packet Pg. 234 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "R" Page 1 of 2 Packet Pg. 235 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "R" Page 2 of 2 Packet Pg. 236 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "S" Page 1 of 2 Packet Pg. 237 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "S" Page 2 of 2 Packet Pg. 238 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "T" Page 1 of 2 Packet Pg. 239 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "T" Page 2 of 2 Packet Pg. 240 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "U" Page 1 of 2 Packet Pg. 241 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "U" Page 2 of 2 Packet Pg. 242 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "V" Page 1 of 2 Packet Pg. 243 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "V" Page 2 of 2 Packet Pg. 244 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "W" Page 1 of 2 Packet Pg. 245 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "W" Page 2 of 2 Packet Pg. 246 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "X" Page 1 of 2 Packet Pg. 247 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "X" Page 2 of 2 Packet Pg. 248 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "Y" Page 1 of 2 Packet Pg. 249 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "Y" Page 2 of 2 Packet Pg. 250 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "Z" Page 1 of 2 Packet Pg. 251 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "Z" Page 2 of 2 Packet Pg. 252 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "AA" Page 1 of 2 Packet Pg. 253 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "AA" Page 2 of 2 Packet Pg. 254 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "BB" Page 1 of 2 Packet Pg. 255 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "BB" Page 2 of 2 Packet Pg. 256 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "CC" Page 1 of 2 Packet Pg. 257 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Exhibit "CC" Page 2 of 2 Packet Pg. 258 Attachment1: Exhibits (North College II Conveyance to CDOT Ord) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Pete Wray, Senior City Planner SUBJECT Items Relating to the Implementation of Phase Four of the Southwest Enclave Annexation. EXECUTIVE SUMMARY A. Resolution 2014-018 Amending the City’s Structure Plan. B. Hearing and First Reading of Ordinance No. 037, 2014 Amending The Zoning Map Of The City Of Fort Collins And Classifying For Zoning Purposes the Property Included In Phase Four Of The Southwest Enclave Annexation To The City Of Fort Collins, Colorado The purpose of this item is to implement Phase Four of the Southwest Enclave Annexation, the last phase within this enclave and consisting of a p p r o x i m a t e l y 4 0 0 acres. This is a request to amend the City Structure Plan map, apply appropriate zoning districts, and place Phase Four within the Residential Sign District. The City Structure Plan map will be amended to finalize the Growth Management Area boundary for the Wildflower expansion area. The requested zone districts for Phase F o u r are Urban Estate (U-E), Rural Lands (R-U-L), and Public Open Lands (P-O-L). STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The Southwest Enclave Annexation Ordinance (2006) created four phases to be recorded and zoned in sequence over eight years. The 2006 Ordinance also requires areas within each of the four phases of the Annexation to be placed within a zone district no later than 90 days of the date the phase is recorded. The first phase was recorded and zoned in 2006, with the second and third phases recorded and zoned in 2008 and 2010, respectively. Finally, the fourth phase was recorded on December 31, 2013 requiring this area to be zoned by March 31, 2014 (Attachment 1). Phase Four represents the last phase and action of the Southwest Enclave Annexation, consisting of approximately 400 acres. This is a request to amend the City Structure Plan map, apply appropriate zoning districts, and place Phase Four within the Residential Sign District. The City Structure Plan map will be amended to finalize the Growth Management Area boundary for the Wildflower expansion area. City Structure Plan Amendment: The proposed City Structure Plan minor amendment represents a clarification of the Growth Management Area (GMA) boundary for the Wildflower expansion area (see Attachment 3). Beginning with the 2004 update to City Plan, the City Structure Plan map described several proposed future GMA expansion areas, including Wildflower. Finalization of this particular expansion area was anticipated by staff to be completed as part of the Southwest Enclave Annexation process. Packet Pg. 259 Agenda Item 11 Item # 11 Page 2 Significant public involvement was incorporated into the updates to City Plan in 2004 and 2010, including support expressed by citizens and Larimer County for this proposed future GMA boundary change. The requested amendment to the City Structure Plan reflects a “housekeeping” action to reconfigure the GMA boundary to include the Wildflower expansion area. City Plan states, "A plan minor amendment will be approved if the City Council makes specific findings that the existing City Plan and/or related element thereof is in need of the proposed amendment; and the proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof.” Policy LIV 1.1 – Utilize a Growth Management Area Collaborate with the County and other jurisdictions in utilizing a Growth Management Area (GMA) surrounding Fort Collins to guide and manage growth outside of the City limits and delineate the extent of urban development in Fort Collins. The proposed City Structure Plan amendment is consistent with the Larimer County and City of Fort Collins Intergovernmental Agreements. The City has worked closely with Larimer County throughout the process to implement the Southwest Enclave Annexation. The proposed GMA boundary amendment area is already annexed into the City of Fort Collins. The Board of County Commissioners supports the proposed GMA adjustment and has forwarded a letter to staff confirming their position (Attachment 6). Policy LIV 1.2 – Consider Amendments to the Growth Management Area (GMA) The Growth Management Area (GMA) will remain generally as presently configured but will be subject to limited amendments in accordance with the following criteria. Two particular amendments to the GMA that have been identified for future consideration are the Wildflower and CSU Foothills Campus. The identification of any additional proposed amendments to the GMA will be undertaken only in conjunction with future comprehensive updates of City Plan. The criteria to be considered in reviewing each of these proposed GMA amendments will include, but need not be limited to, the following: a. Whether the proposed amendment is consistent with community goals, principles, and policies as expressed in City Plan, b. Whether the proposed amendment has a positive net fiscal benefit to the community, c. Whether the proposed amendment is necessary to accommodate an activity that cannot be reasonably accommodated on lands within the existing GMA, d. Whether the land proposed for inclusion in the GMA contains any environmental factors or hazards that make the area unsuitable for inclusion within the GMA, and e. Whether the proposed amendment would result in a logical change to the GMA. Factors to be included in making this determination will include, but need not be limited to, the following:  Whether the proposed amendment would allow for the logical, incremental extension of urban services,  Whether the proposed amendment would offer a desirable new “edge” to the community,  Whether the existing boundary to be extended is contiguous to existing developed areas of the city, and  Whether the proposed amendment would contribute to the compact urban form of the city. The proposed amendment is consistent with adopted vision and policies in City Plan. Packet Pg. 260 Agenda Item 11 Item # 11 Page 3 The proposed amendment promotes the public welfare in that it will provide an orderly and planned growth management pattern for the City of Fort Collins in accordance with adopted procedures. The City has initiated a logical and incremental extension of urban services for the Southwest Enclave Annexation, including the Wildflower area of Phase Four. This action represents a logical change to the GMA boundary, since this expansion area has been described in City Plan beginning in 2004 and is served by a full range of urban services. Zoning: Phase Four includes six recognized subdivisions:  Hersh MRD  Midway  Scheel MRD  Kapperman  Mountain Valley Acres  Wildflower The descriptions of existing subdivisions and natural areas are illustrated in Attachment 2. The remaining area encompasses a range of mid-size to large-lot single-family residential. The surrounding zoning and land uses are as follows: N: P-O-L Existing vacant City owned Natural Area S: P-O-L/L-M-N Existing vacant City owned Natural Area, and Single-Family Residential E: U-E/P-O-L Existing Single-Family Residential and vacant City owned Natural Area W: P-O-L Existing vacant City owned Natural Area The requested zone districts for Phase Four are Urban Estate (UE), Rural Lands (RUL), and Public Open Lands (POL). The five categories and letters (A-E) below correspond to the Southwest Enclave Annexation – Phase Four Proposed Zoning map (Attachment 4). A. (North of Gulley Greenhouse property): This area encompasses two existing subdivisions including Midway and Hersh MRD north and south of Midway Drive. This area contains 13 mid-size to large lot single-family houses on approximately 87 acres. The City Structure Plan designates this area as Urban Estate and Rural Lands. A few of these properties are split between the two land use designations. Larimer County zoning is FA-1 Farming. The most appropriate zoning is Urban Estate (UE). Large lot single-family houses are allowed in the UE zone district. B. (South of Gulley Greenhouse property): This area encompasses the Mountain Valley Acres subdivision. Area B contains approximately 32 large lot single family houses on approximately 110 acres. The City Structure Plan designates the area Urban Estate. Larimer County zoning is FA-1 Farming. The most appropriate zoning is UE. Large lot single-family houses are allowed in the UE zone district. C. (City owned open lands – West of Midway Drive): Area C includes approximately 35 acres of vacant City owned Natural Area. The City Structure Plan designation is Open Lands, Parks, and Stream Corridors. Larimer County zoning is FA-1 Farming. The most appropriate zoning is Public Open Lands (POL). D. (City owned open lands – NE corner of S. Taft Hill Rd. /W. Trilby Rd.): Area D includes approximately 37 acres of vacant City-owned Natural Area. The City Structure Plan designation is Open Lands, Parks, and Packet Pg. 261 Agenda Item 11 Item # 11 Page 4 Stream Corridors. Larimer County zoning is FA-1 Farming. The most appropriate zoning is Public Open Lands (POL). E. (North and South of W. Trilby Rd., and East of S. Taft Hill Rd.): This area includes three existing subdivisions, Wildflower, Scheel MRD, and Kapperman. Area B contains 15 large lot single family houses on approximately 120 acres. The City Structure Plan designates this area as Rural Lands (RUL). Larimer County zoning is FA-1 Farming. The most appropriate zoning is RUL. Large lot single-family houses are allowed in the RUL zone district. The following table summarizes the existing and proposed land use designations for each area, and zoning within Phase Four of the Southwest Enclave Annexation. Phase 4 - Map ID Areas County Zoning City Structure Plan Proposed City Zoning Area A FA-1 Farming Urban Estate, Rural Lands Urban Estate (UE) Area B FA-1 Farming Urban Estate Urban Estate (UE) Area C FA-1 Farming Open Lands, Parks, and Stream Corridors Public Open Lands (POL) Area D FA-1 Farming Open Lands, Parks, and Stream Corridors Public Open Lands (POL) Area E FA-1 Farming Rural Lands Rural Lands (RUL) Neighborhood Sign District: Staff is recommending that the entire Phase Four area be included within the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will be necessary to place this property on the Neighborhood Sign District Map as "Inside Sign District" (Attachment 5). Staff Findings: 1. The City Structure Plan map, a related element of City Plan, the City’s comprehensive plan, is in need of the proposed minor amendment in that it will provide an orderly and planned growth management pattern for the City of Fort Collins in accordance with adopted procedures. The City has initiated a logical and incremental extension of urban services for the Southwest Enclave Annexation, including the Wildflower area of Phase Four. This action represents a logical change to the GMA boundary, since this expansion area has been described in City Plan beginning in 2004 and is served by a full range of urban services. 2. The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. 3. The proposed Urban Estate (UE), Rural Lands (RUL), and Public Open Lands (POL) zone districts are consistent with the City Structure Plan map. 4. Ordinance Number No. 137, 2006 requires the assignment of zone districts within 90 days of the recording of the annexation plat. Packet Pg. 262 Agenda Item 11 Item # 11 Page 5 FINANCIAL / ECONOMIC IMPACTS Staff finds no direct financial or economic impacts resulting from the proposed City Structure Plan amendment and proposed zoning. The financial impacts of the overall Southwest Enclave Annexation were assessed as part of the original annexation review in 2006. The City Structure Plan change and proposed zoning are implementation actions for the Southwest Enclave Annexation ordinance. Phase Four is already part of the City. ENVIRONMENTAL IMPACTS The physical environment will not be directly impacted by the proposed Structure Plan amendment or zoning of Phase Four. The Land Use Code determines appropriate land uses, along with design and development standards required for new development. New development is required to comply with Environmental and Natural Area Protection Standards to address any potential environmental impacts. BOARD / COMMISSION RECOMMENDATION On February 13, 2014, the Planning and Zoning Board voted unanimously to support a recommendation to City Council to approve City Structure Plan amendment, proposed zoning, and Residential Neighborhood Sign District map amendments. The recommendation was part of the Planning and Zoning Board Consent Calendar and was not discussed. PUBLIC OUTREACH An extensive public outreach process was conducted in 2006 as part of the overall Southwest Enclave Annexation process. A series of twelve meetings were held with neighborhoods from February through May 2006. City staff answered questions about potential zoning designations with residents during the meetings and through the "Frequently Asked Questions" document. Property owners were also informed of the recording of Phase Four through a notice mailed in February 2014. Legal notice of this zoning hearing was published in the Coloradoan on February 16, 2014. In addition, extensive public outreach was conducted as part of the overall updates to City Plan in 2004 and 2010 that included the proposed GMA expansion of the Wildflower area. ATTACHMENTS 1. Sequence of Phases and Phase 4 Boundaries (PDF) 2. Subdivision/Natural Areas (PDF) 3. Proposed Structure Plan (PDF) 4. Proposed Zoning (PDF) 5. Proposed Residential Sign District (PDF) 6. Letter from Board of County Commissioners (1-28-14) (PDF) Packet Pg. 263 P r a irie R i dg e Dr S mok e y St C a m e r o n D r Aurora Way E Skyway Dr M esaview Ln B itter b r u s h Ln Kevin Dr Debra Dr C a st l e R id g e C t Vinson St Moss Creek Dr Dusty Sage Dr Re g ina D r W Bon Homme Richard Dr Nimitz Dr Ra n ger Dr Truxtun Dr Wainwright Dr Bruce Ln Leahy D r Fr o C mme t Red Tail Ct Wild Rd Flower Intre p id Dr De w e y D r Snowdon Dr Scenic Dr Johns Ln La Eda L n Hutchinson Dr Midway Dr Enterprise Dr Hancock Dr Thompson Dr Forrestal Dr R e eves Dr S Shields St S Shields St W Trilby Rd S County Road 19 S Taft Hill Rd Registry Ridge FWlowilder MRD MouVnatlaleiny Acres Fossil Creek Estates Midway Southwest Phase Four Enclave Boundary Annexation - 2014 Printed: December 17, 2013 Parcels SW Annexation Phase 4 0 250 500 1,000 Feet Scale 1:10,000 © Vinson St B on H o mme Richard Dr Prichett Ct J a n s e n Dr Hornet Dr Truxtun Dr Fossil C r eek Dr Enterp rise Dr Hilldale D r R a n ger Dr Trout Ct Wainwright Dr Tang Ct Agate Ct Bruce Ln Leah y Dr Sea Wolf Ct K im Dr Coral Ct Sea Red Tail Ct Sn o Ct ok Hob s on Ct Wild Flower Rd F o x Hills D Fort Collins - Loveland Separator FRCC Carpenter Rd W Horsetooth Rd E Horsetooth Rd S Shields St S Taft Hill Rd E Trilby Rd W Harmony Rd W Trilby Rd S County Road 19 S College Ave S L emay Ave S Mason St ôZYXW ³I Attachment 3 Southwest Enclave Annexation - Phase Four Proposed City Structure Plan Printed: January 29, 2014 Boundaries Fort Collins GMA Proposed GMA Adjustment 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) 0 0.25 0.5 0.75 1 Miles © CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying Vinson St B on H o mme Richard Dr Prichett Ct J a n s e n Dr Hornet Dr Truxtun Dr Fo s s il Creek Dr Enterprise Dr Hilldale D r R a n ger Dr Trout Ct Wainwright Dr Tang Ct Agate Ct Bruce Ln Leah y Dr Sea Wolf Ct K im Dr Coral Sea Ct Red Tail Ct Sn o ok Ct Fr o mme Vinson St B on H o mme Richard Dr Prichett Ct J a n s e n Dr Hornet Dr Truxtun Dr Fossil C r eek Dr Enterp rise Dr Hilldale D r R a n ger Dr Trout Ct Wainwright Dr Tang Ct Agate Ct Bruce Ln Leah y Dr Sea Wolf Ct K im Dr Coral Ct Sea Red Tail Ct Sn o Ct ok Hob s on Ct Wild Flower Rd F o x Hills D BOARD OF COUNTY COMMISSIONERS 200 W. Oak Street Post Office Box 1190 Fort Collins, Colorado 80522-1190 (970) 498-7010 Fax (970) 498-7006 E-mail: bocc@larimer.org January 28, 2014 City of Fort Collins - Planning Services Attn: Pete Wray 281 N. College Avenue PO Box 580 Fort Collins, Colorado 80522 To whom it may concern, The Larimer County Commissioners are aware that as of January 1, 2014 the City of Fort Collins incorporated the final phase of the Southwest Annexation, which commenced several years ago. We have also been informed that the annexation area includes a small area outside of the GMA boundaries, which is being referred to as the Wildflower Expansion area. Our Community Development staff has informed us that the City is performing a Structure Plan amendment to include the Wildflower Expansion area so that appropriate zoning can be applied to this area. The County Commissioners understand that this Structure Plan amendment is necessary and is consistent with the Fort Collins/Larimer County Intergovernmental Agreement. Therefore, we support the modifications to the Structure Plan for the Wildflower Expansion area. Respectfully, FOR THE BOARD OF COUNTY COMISSIONERS Tom Donnelly, Chair Attachment 6 PRINTED ON RECYCLED PAPER Packet Pg. 270 Attachment11.6: Letter from Board of County Commissioners (1-28-14) (Southwest - Phase 4 zoning) - 1 - RESOLUTION 2014-018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY STRUCTURE PLAN MAP WHEREAS, City Council adopted Ordinance No. 137, 2006, whereby the Southwest Enclave was annexed into the City subject to certain provisions requiring recording of annexation maps with Larimer County in four separate phases in a sequence over a period of eight years; and WHEREAS, the annexation map for Phase Four of the Southwest Enclave Annexation was recorded with the Larimer County Clerk and Recorder on December 31, 2013, and, accordingly, must now be placed into zoning districts in the City; and WHEREAS, as a part of the process of zoning Phase Four of the Southwest Enclave Annexation and in the interest of sound municipal planning, City staff has recommended to the City Council that certain amendments be made to the City Structure Plan Map to better reflect existing and changed conditions in the area subject to the Phase Four zoning; and WHEREAS, City staff has conducted extensive public outreach with the property owners of the Southwest Enclave Annexation and the Planning and Zoning Board has recommended that the Structure Plan Map amendments proposed by City staff be adopted by the City Council; and WHEREAS, City Council has determined that the proposed Structure Plan Map amendments for Phase Four of the Southwest Enclave Annexation are in the best interests of the citizens of the City; and WHEREAS, City Council has further determined that the City’s Structure Plan Map should be amended as shown on Exhibit “A”, so that the proposed zoning will comport with the City’s Comprehensive Plan, including the City’s Structure Plan Map. 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 existing City Structure Plan Map is in need of the proposed amendment for Phase Four of the Southwest Enclave Annexation. Section 2. That the City Council hereby further finds that the proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles, and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit “A” attached hereto and incorporated herein by this reference. Packet Pg. 271 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of March, A.D. 2014. _______________________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 272 Weld County Larimer County Terry Lake Cobb Lake Timnath Reservoir Fossil Creek Reservoir Trilby Horsetooth Reservoir Cache La Poudre River Shields Taft Hill College Overland Trail Mulberry Prospect Drake Horsetooth Timberline Harmony Vine §¦¨25 Lemay £¤287 £¤287 Willox Mountain Vista Ziegler Douglas CR 52 Carpenter Country Club SH 392 Lindenmeier Lake Long Pond Windsor Reservoir SH 1 CR 56 SH 14 CR 5 CR 38E §¦¨25 CR 54G CR 58 CR 30 CR 3 WCR 1 CR 23 Cache La Poudre River Loveland Windsor Timnath Horsetooth Mountain Park - 1 - ORDINANCE NO. 037, 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 PHASE FOUR OF THE SOUTHWEST ENCLAVE 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 City’s Land Use Code is hereby amended by including the property known as the Southwest Enclave Annexation Phase Four, Area No. 1 to the City in the Rural Lands (“R- U-L”) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: Area 1: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, AND THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 TO BEAR N00°16'02"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE N00°16'02"E, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF TRILBY HEIGHTS SIXTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE NORTH LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION, S89°45'26"W, A DISTANCE OF 2,688.76 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, SAID POINT BEING THE POINT OF BEGINNING; Packet Pg. 274 - 2 - THENCE CONTINUING ALONG SAID NORTH LINE, S89°45'26"W, A DISTANCE OF 31.95 FEET; THENCE ALONG THE WEST LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION S00°51'54"W, A DISTANCE OF 1,349.09 FEET TO A POINT ON THE NORTH LINE OF COYOTE RIDGE SIXTH ANNEXATION, BEING THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG SAID NORTH LINE THE FOLLOWING TWO (2) COURSES: 1. S89°50’54"W, A DISTANCE OF 1300.31 FEET; 2. S89°51’00"W, A DISTANCE OF 1253.97 FEET TO A POINT ON THE EAST LINE OF COYOTE RIDGE SECOND ANNEXATION, BEING THE EAST RIGHT OF WAY LINE OF SOUTH TAFT HILL ROAD; THENCE ALONG SAID EAST LINE, THE FOLLOWING TWO (2) COURSES: 1. N00°07'32"E, A DISTANCE OF 1,312.61 FEET; 2. N02°02'30"E, A DISTANCE OF 32.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST TRILBY ROAD; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, N89°45'21"E, A DISTANCE OF 1,256.15 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE ALONG SAID WEST LINE, N01°19'18"E, A DISTANCE OF 1,302.66 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 10; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, N89°53'37"E, A DISTANCE OF 1,329.72 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 10; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, S00°35’17”W A DISTANCE OF 1299.12 FEET TO THE POINT OF BEGINNING. CONTAINING 119.19 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 City’s Land Use Code is hereby changed and amended by including the property known as the Southwest Enclave Annexation Phase Four, Area No. 2 to the City in the Public Open Lands (“P-O-L”) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: Area 2: Parcel A: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 4, AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT NO. 06-S2555, ACCORDING TO THE PLAT THEREOF RECORDED FERUARY 15, 2008 AT Packet Pg. 275 - 3 - RECEPTION NO. 20080009497 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER. CONTAINING 34.34 ACRES MORE OR LESS. Parcel B: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10 LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF WEST TRILBY ROAD (COUNTY ROAD 34) AND EAST OF THE EAST RIGHT-OF- WAY LINE OF SOUTH TAFT HILL ROAD (COUNTY ROAD 19). CONTAINING 37.35 ACRES MORE OR LESS Section 3. That the Zoning map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the City’s Land Use Code is hereby changed and amended by including the property known as the Southwest Enclave Annexation Phase Four, Area No. 3 to the City in the Urban Estate (“U-E”) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: Area 3: Parcel A A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 TO BEAR N00°00'19"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE N00°00'19"E, A DISTANCE OF 236.19 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1 OF MIDWAY SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY EXTENSION, N89°58'10"W, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF LOT 1 OF MIDWAY SUBDIVISION, SAID POINT BEING ON THE BOUNDARY OF AREA NO. 1 OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE TO THE CITY OF FORT COLLINS; Packet Pg. 276 - 4 - THENCE CONTINUING ALONG THE BOUNDARY OF SAID SOUTHWEST ENCLAVE ANNEXATION PHASE THREE THE FOLLOWING EIGHT (8) COURSES: 1. N89°58'10"W, A DISTANCE OF 435.60 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, MIDWAY SUBDIVISION; 2. S00°00'19"W, A DISTANCE OF 200.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; 3. ALONG THE SOUTH LINE OF SAID MIDWAY SUBDIVISION, N89°58'10"W, A DISTANCE OF 639.90 FEET TO A POINT ON THE EAST LINE OF LOT 3 OF THE AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT NO. 06-S2555; 4. S00°00'19"W, A DISTANCE OF 36.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3 AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; 5. ALONG SAID SOUTH LINE AND ALONG THE NORTH LINE OF TRACT A OF THE RHEBA C. COLTER AMENDED EXEMPTION PLAT (RECEPTION NO. 86045318), S89°58'10"E, A DISTANCE OF 293.89 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF TRACT B OF SAID EXEMPTION PLAT; 6. S00°01'50"W, A DISTANCE OF 390.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT B; 7. ALONG THE SOUTH LINE OF SAID TRACTS A AND B, N89°58'10"W, A DISTANCE OF 995.40 FEET TO THE SOUTHWEST CORNER OF SAID TRACT A; 8. N00°48'05"E, A DISTANCE OF 390.04 FEET TO THE NORTHWEST CORNER OF SAID TRACT A AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG SAID SOUTH LINE, S89°58'10"E, A DISTANCE OF 1.82 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF SAID AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT; THENCE ALONG THE WEST LINE OF LOT 2 AND LOT 1 OF SAID AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT, N01°01'35"E, A DISTANCE OF 599.31 FEET; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT 1, N56°48'30"W, A DISTANCE OF 19.30 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE S89°33'11"E, A DISTANCE OF 421.90 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF LOT 4 OF SAID AMENDED HERSH MINOR RESIDENTIAL DEVELOPMENT, THE FOLLOWING EIGHT (8) COURSES: 1. N27°05'19"E, A DISTANCE OF 159.91 FEET; 2. N19°03'19"E, A DISTANCE OF 290.73 FEET; 3. S74°06'41"E, A DISTANCE OF 198.04 FEET; 4. N00°00'41"W, A DISTANCE OF 266.56 FEET; 5. N65°35'41"W, A DISTANCE OF 329.00 FEET; 6. S80°44'19"W, A DISTANCE OF 315.00 FEET; 7. S07°59'19"W, A DISTANCE OF 109.25 FEET; 8. N89°11'41"W, A DISTANCE OF 1,010.48 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG SAID WEST LINE N00°35'17"E, A DISTANCE OF 905.14 FEET TO THE Packet Pg. 277 - 5 - SOUTHWEST CORNER OF THE FOSSIL CREEK ESTATES ANNEXATION; THENCE ALONG THE SOUTH LINE OF SAID FOSSIL CREEK ESTATES ANNEXATION THE FOLLOWING FIFTY-EIGHT (58) COURSES: 1. S32°56'22"E, A DISTANCE OF 75.69 FEET; 2. S21°37'54"E, A DISTANCE OF 45.80 FEET; 3. S46°43'54"E, A DISTANCE OF 25.69 FEET; 4. S78°09'04"E, A DISTANCE OF 108.79 FEET; 5. S89°06'59"E, A DISTANCE OF 44.82 FEET; 6. N58°28'01"E, A DISTANCE OF 31.03 FEET; 7. N52°04'31"E, A DISTANCE OF 50.69 FEET; 8. S74°57'19"E, A DISTANCE OF 53.30 FEET; 9. S57°34'54"E, A DISTANCE OF 57.41 FEET; 10. S34°52'34"E, A DISTANCE OF 146.57 FEET; 11. S48°44'44"E, A DISTANCE OF 34.42 FEET; 12. S70°54'19"E, A DISTANCE OF 85.77 FEET; 13. S63°48'54"E, A DISTANCE OF 33.37 FEET; 14. S43°10'44"E, A DISTANCE OF 58.50 FEET; 15. S32°35'54"E, A DISTANCE OF 37.30 FEET; 16. S25°40'54"E, A DISTANCE OF 30.28 FEET; 17. N57°42'11"E, A DISTANCE OF 102.12 FEET; 18. S50°09'19"E, A DISTANCE OF 29.46 FEET; 19. S77°09'59"E, A DISTANCE OF 18.38 FEET; 20. N88°41'56"E, A DISTANCE OF 16.02 FEET; 21. N70°27'36"E, A DISTANCE OF 32.99 FEET; 22. N87°41'11"E, A DISTANCE OF 25.00 FEET; 23. S78°30'04"E, A DISTANCE OF 85.68 FEET; 24. S85°26'34"E, A DISTANCE OF 86.15 FEET; 25. S54°59'44"E, A DISTANCE OF 18.89 FEET; 26. S70°36'24"E, A DISTANCE OF 23.44 FEET; 27. N75°17'11"E, A DISTANCE OF 27.89 FEET; 28. N86°35'01"E, A DISTANCE OF 22.96 FEET; 29. S76°34'54"E, A DISTANCE OF 50.20 FEET; 30. N85°49'56"E, A DISTANCE OF 16.75 FEET; 31. N78°16'06"E, A DISTANCE OF 44.84 FEET; 32. N70°17'01"E, A DISTANCE OF 20.37 FEET; 33. N58°40'36"E, A DISTANCE OF 23.25 FEET; 34. N49°26'46"E, A DISTANCE OF 42.67 FEET; 35. N33°50'31"E, A DISTANCE OF 28.84 FEET; 36. N41°52'01"E, A DISTANCE OF 24.72 FEET; 37. N54°55'36"E, A DISTANCE OF 15.77 FEET; 38. N64°08'01"E, A DISTANCE OF 18.46 FEET; 39. N49°03'01"E, A DISTANCE OF 108.01 FEET; 40. N34°53'51"E, A DISTANCE OF 15.12 FEET; 41. N25°56'31"E, A DISTANCE OF 11.54 FEET; 42. N14°52'31"E, A DISTANCE OF 51.26 FEET; 43. N33°37'01"E, A DISTANCE OF 16.17 FEET; Packet Pg. 278 - 6 - 44. N58°05'46"E, A DISTANCE OF 23.19 FEET; 45. N74°15'01"E, A DISTANCE OF 28.99 FEET; 46. N67°21'36"E, A DISTANCE OF 14.94 FEET; 47. N49°19'46"E, A DISTANCE OF 15.90 FEET; 48. N35°04'26"E, A DISTANCE OF 12.20 FEET; 49. N12°16'51"E, A DISTANCE OF 25.46 FEET; 50. N00°18'16"E, A DISTANCE OF 36.94 FEET; 51. N07°30'16"E, A DISTANCE OF 25.23 FEET; 52. N20°07'46"E, A DISTANCE OF 25.10 FEET; 53. N30°31'56"E, A DISTANCE OF 15.03 FEET; 54. N46°32'31"E, A DISTANCE OF 12.68 FEET; 55. N72°26'56"E, A DISTANCE OF 47.34 FEET; 56. N57°51'16"E, A DISTANCE OF 12.41 FEET; 57. N40°21'26"E, A DISTANCE OF 49.98 FEET; 58. N53°55'01"E, A DISTANCE OF 20.31 FEET TO THE SOUTHWEST CORNER OF THE WUERKER ANNEXATION; THENCE ALONG THE SOUTH LINE OF SAID WUERKER ANNEXATION THE FOLLOWING FOURTEEN (14) COURSES: 1. N70°44'11"E, A DISTANCE OF 33.44 FEET; 2. N84°32'01"E, A DISTANCE OF 28.93 FEET; 3. S82°56'34"E, A DISTANCE OF 21.55 FEET; 4. S75°23'34"E, A DISTANCE OF 22.16 FEET; 5. S65°59'29"E, A DISTANCE OF 18.09 FEET; 6. S47°25'09"E, A DISTANCE OF 26.58 FEET; 7. S25°57'39"E, A DISTANCE OF 127.52 FEET; 8. S23°04'39"E, A DISTANCE OF 53.88 FEET; 9. S30°42'34"E, A DISTANCE OF 19.32 FEET; 10. S40°50'14"E, A DISTANCE OF 21.12 FEET; 11. S44°55'29"E, A DISTANCE OF 67.22 FEET; 12. S21°43'34"E, A DISTANCE OF 16.90 FEET; 13. S04°44'44"E, A DISTANCE OF 32.23 FEET; 14. N88°32'16"E, A DISTANCE OF 601.93 FEET TO A POINT ON THE WEST LINE OF AREA NO. 1 OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID WUERKER ANNEXATION, N88°32'16"E, A DISTANCE OF 30.01 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG SAID EAST LINE N00°00'19"E, A DISTANCE OF 1690.73 FEET TO THE POINT OF BEGINNING. CONTAINING 88.47 ACRES MORE OR LESS Parcel B A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Packet Pg. 279 - 7 - COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 TO BEAR N00°16'02"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE N00°16'02"E, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF TRILBY HEIGHTS SIXTH ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION, S89°45'26"W, A DISTANCE OF 2,688.76 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG SAID WEST LINE, N00°35'17"E, A DISTANCE OF 1299.12 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 10; THENCE ALONG THE WEST LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10, N00°36'30"E, A DISTANCE OF 399.49 FEET TO A POINT ON THE SOUTH LINE OF AREA NO. 1 OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE; THENCE ALONG SAID SOUTH LINE, ALSO BEING THE SOUTH LINE OF THE RHEBA C. COLTER AMENDED EXEMPTION PLAT (RECEPTION NO. 86045318), THE FOLLOWING FOUR (4) COURSES: 1. N87°23'59"E, A DISTANCE OF 1428.66 FEET; 2. N22°09'02"E, A DISTANCE OF 187.03 FEET; 3. N82°41'02"E, A DISTANCE OF 508.39 FEET; 4. S77°07'58"E, A DISTANCE OF 664.48 FEET; THENCE CONTINUING S77°07'58"E, A DISTANCE OF 30.74 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG SAID EAST LINE, S00°16'02"W, A DISTANCE OF 1,835.11 FEET TO THE POINT OF BEGINNING. CONTAINING 112.24 ACRES MORE OR LESS. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-described properties are 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. Packet Pg. 280 - 8 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 281 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Wendy Williams, Assistant City Manager SUBJECT Resolution 2014-019 Ratifying the Appointment of Amanda Manges Quijano to the Poudre River Library District Board of Trustees. EXECUTIVE SUMMARY The purpose of this item is to appoint Amanda Manges Quijano to the Poudre River Library District Board of Directors to fill a vacancy that currently exists due to a term expiration for Robin Gard. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In November 2006, voters approved the formation of the Fort Collins Regional Library District. This name was changed to the Poudre River Public Library District in February 2009. The City Council and County Commissioners formed a Library District Trustee Selection committee, comprised of two Councilmembers and two commissioners. The committee interviewed numerous candidates for the Board of Trustees and recommended seven candidates to the full Council and to the Commissioners for ratification. The candidates were ratified unanimously by both the Council and the Commissioners. The intergovernmental agreement between the City, County and District sets out the process for appointing Trustees. It provides that a committee comprised of two members of Council and two Commissioners will recommend a candidate for appointment who must be ratified by a two-thirds majority of both the full Council and the Commissioners. The Committee comprised of Mayor Karen Weitkunat, Mayor Pro Tem Gerry Horak and Commissioners Lew Gaiter and Steve Johnson, met on February 12, 2014. The Committee recommended to the Council and the Commissioners that Amanda Manges Quijano be appointed to a four-year term, as provided in the Board's bylaws, expiring February 28, 2018. Packet Pg. 282 - 1 - RESOLUTION 2014-019 OF THE COUNCIL OF THE CITY OF FORT COLLINS RATIFYING THE APPOINTMENT OF AMANDA MANGES QUIJANO TO THE POUDRE RIVER PUBLIC LIBRARY DISTRICT BOARD OF TRUSTEES WHEREAS, on November 7, 2006, the voters approved a citizen initiative to establish and fund the Fort Collins Regional Library District, now called the Poudre River Public Library District (the “Library District”), pursuant to Sections 24-90-101 to 606 of the Colorado Revised Statutes (the “Library Law”); and WHEREAS, pursuant to the Library Law, the City Council and Larimer County Commissioners each appointed two of their members to a committee (the “Committee”) to fill seven positions on the initial board of trustees of the Library District; and WHEREAS, on March 6, 2007, in accordance with the Library Law, the City Council passed Resolution 2007-026 ratifying the appointment of seven trustees to the Library Board of Trustees; and WHEREAS, pursuant to the Bylaws of the Library District Board of Trustees, a trustee may serve no more than two consecutive four-year terms, which are staggered so that typically one or two trustees are appointed or reappointed every year; and WHEREAS, Robin Gard’s second term as a trustee is expiring; and WHEREAS, on February 12, 2014, the Committee met and decided to appoint Amanda Manges Quijano to a four-year term to replace Ms. Gard; and WHEREAS, Section 24-90-108(2)(c) of the Library Law requires that the Committee’s trustee appointments be ratified by a two-thirds majority vote of the legislative body of each governmental unit participating in the District. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that pursuant to the requirements of the Colorado Library Law, the City Council, by a two-thirds majority vote of its members, hereby ratifies the Committee’s appointment of Amanda Manges Quijano to the Board of Trustees of the Poudre River Public Library District for a four year term to expire on February 28, 2018, provided, however, that such action is contingent upon the Larimer County Commissioners taking similar action. Packet Pg. 283 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 284 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Dan Weinheimer, Policy & Project Manager SUBJECT Resolution 2014-021 Directing the Mayor to Submit a Letter to Colorado's United States Senators and to Congressmen Jared Polis and Cory Gardner, Seeking Support for Funding for I-25 Phase I Improvements. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider approval of a letter to be submitted to the City's U.S. Congressional Delegation and to U.S. Representative Cory Gardner, seeking their support to fund Interstate 25 improvements in the 2014 reauthorization of the federal transportation bill. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Interstate 25 (I-25) is the primary transportation corridor for people and goods to and from Northern Colorado. The traffic volume along the highway has steadily increased in the last decade to the point that road conditions are becoming a problem. Ensuring that the highway is safe, in good repair, and is sized appropriately to handle traffic needs is important to Northern Colorado's economic health. Colorado Department of Transportation (CDOT) has proposed converting a free lane into a toll lane on I-25 between Colorado 7 (the Brighton exit) to Colorado 66 (Lyons, Longmont and Platteville exit) in order to accumulate the revenue needed to make improvements to the highway by 2075. As an alternative, to expand the highway more quickly and efficiency, the North I-25 Coalition - a group of local officials representing 14 communities from Thornton to Fort Collins - is advocating that funding for north I-25 be included in the reauthorization of the federal transportation bill. The transportation bill will be discussed by Congress this fall. Information provided by the North I-25 coalition derived from CDOT, Department of Local Affairs, Colorado State Demographer, and the U.S. Census data indicates, based on current road conditions and traffic volumes, that the north I-25 corridor has an anticipated 10-year lifespan. If approved, the letter will go to the City's federal representatives - United States Senators Mark Udall and Michael Bennet, and Congressman Jared Polis. The same letter would also go to Congressman Cory Gardner who, until 2012, represented Fort Collins. Congressman Gardner is a leader in the United States House, understands the regional importance of this issue and is familiar with regional needs. Packet Pg. 285 Agenda Item 13 Item # 13 Page 2 FINANCIAL / ECONOMIC IMPACT Funding north Interstate 25 improvements in the federal transportation reauthorization will ensure the region's economic health by maintaining a safe road surface and address growing congestion along the north I-25 corridor. Acting sooner could result in savings to taxpayers, both in minimizing congestion-related delays and in minimizing anticipated construction costs (project costs are anticipated to be $1.2 billion if completed in the CDOT proposed timeline of 2075). ENVIRONMENTAL IMPACTS Delays along the north I-25 corridor can cause increased levels of air pollution. Packet Pg. 286 Revised March 4, 2014 - 1 - RESOLUTION 2014-021 OF THE COUNCIL OF THE CITY OF FORT COLLINS DIRECTING THE MAYOR TO SUBMIT A LETTER TO COLORADO’S UNITED STATES SENATORS AND TO CONGRESSMEN JARED POLIS AND CORY GARDNER, SEEKING SUPPORT FOR FUNDING FOR THE INTERSTATE HIGHWAY 25 PHASE I IMPROVEMENTS WHEREAS, Interstate Highway 25 (“I-25”) is the primary transportation corridor for northern Colorado and traffic volumes along I-25 have steadily increased in recent years to the point that road conditions are becoming problematic; and WHEREAS, it is in the best interests of the City, and of northern Colorado generally that I-25 be a safe and appropriately sized highway corridor to handle the traffic needs of the region; and WHEREAS, communities in northern Colorado have been working collaboratively to improve I-25 since 1997, and have spent more than $22 million to complete a Major Improvement Study and an Environmental Impact Study (EIS); and WHEREAS, the Federal Highway Administration signed the record of decision to the first phase of the North I-25 EIS in December 2011, with the projects proposed in Phase I to include: • I-25 widening between SH 14 and SH 392 (approximately 7 miles); • I-25 widening as a managed lane between SH 56 and SH 66 (approximately 7 miles); • I-25 widening between US 36 and 120th Avenue (approximately 6 miles) • Replacement of interchanges with I-25 at SH 14, Prospect, SH 56, CR 34 and SH 7; • Replacement or construction of 46 structures, modifying two existing structures and rehabilitating two structures; • Installation of six carpool lots at I-25 interchanges (SH 14, Prospect, Harmony, SH 56/Weld County 44, Firestone and SH 7); • Provision of an I-25 express bus from Fort Collins/Greeley to downtown Denver and DIA, including the construction of two stops and the purchase 27 buses; • Provision of a US 85 commuter bus between Greeley and downtown Denver, including constructing five stations and purchasing five buses; and WHEREAS, the cost for these improvements was estimated at $670 million in 2009, and the EIS identified completion of the Phase I improvements by 2035, but demographic changes brought on by growth have demonstrated that improvements to I-25 are needed now; and WHEREAS, traffic volumes (79,000) projected in the EIS for 2035 are already occurring daily; and Revised March 4, 2014 - 2 - WHEREAS, considering the residual lifespan of I-25 and the proposed funding solutions of the Colorado Department of Transportation, I-25 will fail before it is repaired; and WHEREAS, the North I-25 coalition, which is a group of local officials representing 14 communities from Thornton to Fort Collins, is advocating that funding for I-25 in northern Colorado be included in the reauthorization of the federal transportation bill which will be considered by the United States Congress this Fall; and WHEREAS, the City Council has determined that it is in the best interests of the City that a letter be presented to Colorado’s United States Senators and to Congressmen Jared Polis and Cory Gardner encouraging them to advocate for northern Colorado communities by including improvements to I-25 in northern Colorado in the 2014 reauthorization of the federal transportation bill. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to send a letter on behalf of the City to Senators Mark Udall and Michael Bennet, and to Congressmen Jared Polis and Cory Gardner, urging advocacy for inclusion of I-25 in northern Colorado in the 2014 reauthorization of the federal transportation bill, in substantially the form attached hereto as Exhibit “A,” subject to such minor modifications as the Mayor, in consultation with the City Manager and City Attorney, may determine to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Congressman Cory Gardner 213 Cannon HOB Washington, DC 20515 RE: Support Interstate 25 Funding in the Federal Transportation Reauthorization Honorable Cory Gardner, Interstate 25 north of Denver is the transportation spine of Colorado. The highway supports the fastest growing population centers in the state as well as transportation-heavy economic sectors like technology, agriculture and goods manufacturing that call Northern Colorado home. Communities in Northern Colorado have been working collaboratively to improve I-25 since 1997. More than $22 million was spent to complete a Major Improvement Study and the Environmental Impact Study (EIS). The Federal Highway Administration (FHWA) signed the record of decision to the first phase of the North I-25 EIS in December 2011. The projects proposed in Phase I include:  I-25 widening between SH 14 and SH 392 (approximately 7 miles)  I-25 widening as a managed lane between SH 56 and SH 66 (approximately 7 miles)  I-25 widening between US 36 and 120th Avenue (approximately 6 miles)  Replace interchanges with I-25 at SH 14, Prospect, SH 56, CR 34 and SH 7  Replace or construct 46 structures, modifying two existing structures and rehabilitate two structures  Install six carpool lots at I-25 interchanges (SH 14, Prospect, Harmony, SH 56/Weld County 44, Firestone and SH 7)  I-25 express bus between Fort Collins/Greeley to downtown Denver and DIA including constructing two stops and purchasing 27 buses  US 85 commuter bus between Greeley and downtown Denver including constructing five stations and purchasing 5 buses The cost for these improvements was estimated at $670 million in 2009 dollars. The EIS identified completion of the Phase I improvements by 2035 but demographic changes brought on by growth has demonstrated that improvement to I-25 is needed now. Traffic volumes (79,600) projected in the EIS for 2035 are already occurring daily. Colorado Department of Transportation (CDOT) plans to address the future of north I-25 are concerning. Repairs and improvements are needed on this highway if it is going to continue to support the Northern Colorado, and Colorado as a whole, economy. North I-25 has an anticipated 10-year lifespan but the current CDOT proposal to take an existing free lane and convert it into a toll lane is expected to generating construction and repair funds by the year 2075. Northern Colorado residents and businesses cannot wait more than 60 years to address their transportation needs. We urge you to advocate for Northern Colorado communities to have the improvements identified in Phase I of the North I-25 plan included in the reauthorization of the 2014 Federal Transportation Bill. Inclusion in this bill will allow Northern Colorado to compete for much needed funding. We need a safe and reliable highway now. Thank you for your attention to this important regional issue. Sincerely, Karen Weitkunat Gerry Horak Gino Campana Mayor Mayor Pro Tem Councilmember Ross Cunniff Bob Overbeck Lisa Poppaw Wade Troxell Councilmember Councilmember Councilmember Councilmember Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Paul Sizemore, FC Moves Program Manager SUBJECT Second Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 18, 2014, appropriates $170,000 of KFCG Other Transportation Reserve funds for consulting services associated with the Transportation Element of the West Central Neighborhoods Plan. An update of the plan is scheduled for 2014. The requested funding enhances the overall planning effort by including an analysis of the neighborhood transportation network, consideration of growth on and around the Colorado State University campus, recommendations and strategies, and detailed corridor vision and design for Prospect Road between College Avenue and Shields Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION At the First Reading of Ordinance No. 024, 2014, City Council discussed the relationship of the West Central Neighborhoods Plan to other efforts including mitigation strategies for a potential on-campus stadium at CSU. Additional information has been included for the second reading in order to clarify these relationships. The West Central Neighborhoods Plan is representative of the 16 Area Plans within the City of Fort Collins. These plans allow the application of City Plan at a scale appropriate to neighborhood areas and districts of the City. Area plans typically include elements expanding on land use, urban design, transportation, and other key topics. They take into consideration the expected growth and development within the plan area, but they do not typically evaluate the impact of specific development projects. It should be noted that the current plan is titled “West Central Neighborhoods Plan,” while the new document under development will be renamed “West Central Area Plan.” New attachments will reflect this change. The Planning, Development, and Transportation (PDT) Service Area is also working with City Management to develop a process for evaluating and mitigating the impacts of an on-campus stadium. Additional information related to this project is being provided to City Council separately from this AIS. This appropriation ordinance is critical to the success of the larger West Central Area Plan effort because it provides funding to support a robust analysis of the transportation network, modeling and forecasting of the future condition of the system, and a more detailed preliminary design for a highly constrained segment of Prospect Road. Without this supplementary funding, the new plan will lack the depth of analysis to provide these detailed transportation recommendations for the Plan Area as a whole, or design options for Prospect Road. Per City Council’s request at First Reading, the following items have been included for consideration: Packet Pg. 290 Agenda Item 14 Item # 14 Page 2 Attachment 1: Agenda Item Summary from the first reading. Attachment 2: West Central Area Plan Neighborhoods Map. This map shows the plan area boundaries and identifies the names of the constituent neighborhoods. Attachment 3: Fort Collins Area Plan Map. This attachment identifies all 16 of the currently adopted Area Plans within the City. Attachment 4: Original West Central Neighborhoods Plan Offer (without transportation enhancements proposed by this appropriation). This document reflects the general scope of the project as approved by City Council during the last Budgeting for Outcomes process. Attachment 5: West Central Area Plan Final Project Scope (including transportation enhancements proposed by this appropriation). This document reflects the final project scope if this appropriation ordinance is adopted. Attachment 6: West Central Area Plan Project Schedule. This is the anticipated timeline for the completion of tasks outlined in the final scope Attachment 7: Development Review Flow Chart. This provides a brief overview of the steps that a private developer follows to design and construct public infrastructure necessary to address development impacts. The Ordinance was amended on First Reading to reflect the correct focus area on Prospect Road. ATTACHMENTS 1. First Reading Agenda Item Summary, February 18, 2014 (PDF) 2. WCAP Neighborhoods Map (PDF) 3. Fort Collins Area Plans (PDF) 4. Original WCNP Offer (PDF) 5. WCAP Final Scope (PDF) 6. WCAP Project Schedule (PDF) 7. Development Review Flow Chart (PDF) 8. Powerpoint presentation (PDF) Packet Pg. 291 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY February 18, 2014 City Council STAFF Paul Sizemore, FC Moves Program Manager SUBJECT First Reading of Ordinance No. 024, 2014, Appropriating Prior Year Reserves in the Keep Fort Collins Great Fund to Fund Further Development of the West Central Neighborhoods Plan. EXECUTIVE SUMMARY The purpose of this item is to appropriate $170,000 of KFCG Other Transportation Reserve funds for consulting services associated with the Transportation Element of the West Central Neighborhoods Plan. An update of the plan is scheduled for 2014. The requested funding enhances the overall planning effort by including an analysis of the neighborhood transportation network, consideration of growth on and around the Colorado State University campus, recommendations and strategies, and detailed corridor vision and design for Prospect Road between College Avenue and Shields Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The West Central Neighborhoods Plan (1999) generally encompasses the neighborhoods south and west of the Colorado State University (CSU) main campus. The planning area includes commercial and institutional uses as well as the highest residential density of any planning area in the City. In the time since the plan’s adoption, the area has developed and evolved. Additionally, CSU continues to grow its student population and expand on-campus facilities. In order to address these changing dynamics, Planning Services is scheduled to complete an update of the Plan in 2014. Preliminary conversations with area residents indicate significant concerns about transportation facilities and services, especially along the Prospect Road Corridor from College Avenue to Shields Street. The 2014 update of the West Central Neighborhoods Plan presents an opportunity to realize efficiencies by coordinating the neighborhood plan, circulation planning, and the design of this crucial segment of Prospect Road. By enhancing the transportation element of the plan and including preliminary design for this part of the Prospect Corridor, the needs and concerns of the neighborhood can be better addressed. At the same time, this project will inform a future corridor planning effort to address all seven miles of Prospect Road as contemplated by the Transportation Master Plan. An enhanced transportation element will also provide critical baseline data for assessing the impacts of a possible on-campus stadium. The transportation element will promote the development of a corridor and network that are functional, safe, and identifiable for pedestrians, bicycles, buses, and cars. The project will include a review of existing conditions, identifying and addressing data needs, establishing a transportation vision, coordinating with CSU regarding campus development and stadium impacts, recommending updates to existing network plans and policies, developing design alternatives for Prospect Road, evaluating alternatives, and producing a preliminary design (30% complete) for the preferred alternative corridor plan. ATTACHMENT 1 Packet Pg. 292 Attachment14.1: First Reading Agenda Item Summary, February 18, 2014 (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Agenda Item 4 Item # 4 Page 2 FINANCIAL / ECONOMIC IMPACT This Ordinance appropriates $170,000 of KFCG Other Transportation Reserves for consulting services associated with the development of the Transportation Element. These funds will supplement the $135,000 previously approved by City Council for consulting services to update the land use, housing, and urban design elements of updating the Plan. By combining the transportation and corridor planning aspects of this project with the scheduled Plan update, a single consulting team may be used to serve both the land use and transportation needs. Considerable efficiencies will be realized by conducting a single program of public outreach and engagement, and by sharing data and design concepts between the land use and transportation modeling phases of the project. ENVIRONMENTAL IMPACTS The current transportation infrastructure in the planning area is subject to numerous deficiencies, including narrow or absent sidewalks and bike lanes, constrained segments, and lack of parking facilities. The Transportation Element will identify opportunities to improve the availability of modal choices and to manage automobile congestion. Both modal shift and congestion management are factors that contribute to improvements in greenhouse gas emissions and reductions in fossil fuel consumption. PUBLIC OUTREACH The recommendation to include transportation and corridor planning in the West Central Neighborhoods Plan update is a result of preliminary public feedback received by Planning Services. Once initiated, the project will include an extensive program of public engagement and opportunities for residents to participate in the planning and design process. Packet Pg. 293 Attachment14.1: First Reading Agenda Item Summary, February 18, 2014 (SR 024 West Central Neighborhoods Plan Transp. Appropriation) West Central Area Plan Neighborhoods CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: February 25, 2014 Legend West Central Area Parcels 0 0.15 0.3 0.45 0.6 Miles Scale 1:22,206 © Moore South Sheldon Lake City Park Heights City Park Heights Prospect/ Shields Lake Street Homes Sheely Addition Foothills Green Village West Lexington Green The Preserve Heatheridge Lakes North Campus West Orchard Rams Village CSU Main Campus CSU South Campus W ELIZABETH ST W LAUREL ST W DRAKE RD S TAFT HILL RD S COLLEGE AVE REMINGTON ST S MASON ST S HOWES ST Packet Pg. 295 Attachment14.3: Fort Collins Area Plans (SR 024 West Central Neighborhoods Plan Transp. Appropriation) 2013-14 BFO Long Range Planning Offer Results Team: Community & Neighborhood Livability Offer Name 40.3 KFCG: West Central Neighborhoods Plan Update Offer Summary This offer funds a project to update and initiate key implementation actions of the 1999 West Central Neighborhoods Plan. The Plan provides a vision for the area, and serves as the basis for land use regulations, housing policies, transportation practices, and historic preservation in the West Central Neighborhoods area. Recent major issues have been raised by citizens, prompting Council to request an earlier update to the Plan than otherwise scheduled. These issues involve student housing, historic preservation, transportation, an on-campus stadium, and other topics. The Plan would be analyzed for its direction on these and other related issues. If current policies and strategies are insufficient, then they would be updated. In addition, this project would seek to clarify or initiate key implementation actions. The update would incorporate new information from related planning efforts in the area, including the Student Housing Action Plan, Land Use Code amendments regarding compatibility, City Code amendments regarding historic preservation, and new Colorado State University initiatives. Funding ($135,500) would be used for consulting support and project related expenses. Existing Long Range Planning staff would manage the project. The outcome of this project would be more awareness and agreement about the acceptable levels and kinds of change that are appropriate in the West Central Neighborhoods area. More specifically, the result would be better, more compatible development projects and a clarified strategy for implementing Plan action items. Offer Detail The West Central Neighborhoods are a composite of several individual neighborhoods centered around the intersection of Prospect Road and Shields Street near the Colorado State University Main Campus. There are a mix of older and newer neighborhoods with various characteristics, all of which are influenced to one degree or another by Packet Pg. 296 Attachment14.4: Original WCNP Offer (SR 024 West Central Neighborhoods Plan Transp. Appropriation) proximity to Colorado State University. One notable fact about the area is that it has the highest population density of any area in Fort Collins. The 1999 Plan was initiated and guided by a diverse group of citizens representing business owners, property owners, residents, developers, Planning and Zoning Board members, and the general public. The Plan was literally developed by the residents and constituents of the neighborhoods through the work of the Citizen’s Advisory Committee. City staff played a resource and advisory role in the development of the Plan. Recent major issues have been raised in the West Central Neighborhoods area prompting Council to request an earlier update to the Plan than otherwise scheduled. These issues have been around the following topics: - A growing number of student housing project proposals - Neighborhood compatibility of new development (design and intensity) - Development proposals on sites with identified historic resources - On-campus stadium proposal and other Colorado State University initiatives - Cut through traffic and parking on neighborhood streets - The overall impact of various development projects on the area - Concerns about how the West Central Neighborhoods Plan is being implemented Many of these issues are already being addressed through separate planning and outreach efforts. These related efforts include: 1) Student Housing Action Plan: Neighborhood Resources staff is working with stakeholders to address the increasing need for student housing, identify possible key areas for development, and identify potential impacts and compatibility issues. 2) Land Use Code neighborhood compatibility and transition standards: Long Range Planning staff is leading an effort to update the Land Use Code to enhance these standards. 3) Historic Preservation ordinance: CDNS is undertaking an effort to update the Municipal Code regarding Historic Preservation. 4) On-campus stadium: CSU is undertaking a feasibility assessment. The first task in the update will be to assess Plan policies and strategies in terms of how well they address these issues. Updates may be necessary to the policies to reflect changed conditions and new directions. In addition, this effort will be focused in on the implementation of key action items, particularly the ones related to hot topics. Since the Plan was largely the work of citizens, very extensive involvement with area and community stakeholders will be required. Funds are being requested for consulting services and project-related expenses ($135,500). A consultant team would perform the bulk of time-intensive tasks with oversight from existing Long Range Planning staff who will provide project management, Packet Pg. 297 Attachment14.4: Original WCNP Offer (SR 024 West Central Neighborhoods Plan Transp. Appropriation) interdepartmental coordination, and final quality control. Staff does not have capacity to execute the project without the funding. Linkage to RFR Purchasing Strategies Links to purchasing strategy #4 - This offer is in direct alignment with Community and Neighborhood Livability by preserving the character of the neighborhoods, supporting historic preservation, infill compatibility, attractive neighborhoods, and a diverse supply of quality housing. Links to purchasing strategy # 9 – This offer strengthens partnerships with the City, neighborhood groups, CSU, Landmark Preservation Commission, and Poudre School District. Personnel Changes This Offer does not create or delete any FTE positions. Explanation for Account 519999 (Other Personnel Costs) N/A Performance Measures Participants express satisfaction with the West Central Neighborhoods Plan update process. In a survey of meeting attendees (and potentially other forms of outreach, to be determined), 80% agree or strongly agree with the statement: “Overall, the event met my expectations.” Attachment N/A Offer in prior budget cycle N/A Offer Type KFCG Enhancement Capital Project Offer N/A Offer Status Packet Pg. 298 Attachment14.4: Original WCNP Offer (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Draft Offers that this offer depends on N/A Offer Staffing, Expenses & Funding List FTEs: 0 Identify Expenses: Purchased Professional & Technical Services - $125,000 Other expenses: $10,500 Funding source: KFCG – Other Community Packet Pg. 299 Attachment14.4: Original WCNP Offer (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 1 of 12 West Central Area Plan Scope February 2014 BACKGROUND Adopted in 1999, the previous West Central Neighborhoods Plan provides a vision for the area, and serves as the basis for land use regulations, housing policies, transportation practices, and historic preservation in the West Central Area. Current policies, strategies, and actions are expected to warrant updating. Others may be found to remain valid as written. In addition, this project will seek to clarify or initiate key implementation actions. The update will incorporate new information from related planning efforts in the area, including the Student Housing Action Plan, Land Use Code amendments regarding compatibility, City Code amendments regarding historic preservation, other City of Fort Collins projects, and new Colorado State University (CSU) initiatives. Outcomes of this project will include: • Greater consensus about the vision and acceptable levels/types of change in the area • Better communication and increased awareness about the vision and future character of the area • Clear strategy for implementing Plan action items • Increased predictability related to future developments and projects • Compatibility of new development with the vision for the area The West Central Area is a composite of several individual neighborhoods centered on the intersection of Prospect Road and Shields Street near the CSU Main Campus. There are mixes of older and newer neighborhoods with various characteristics, all of which are influenced to one degree or another by proximity to CSU. One notable aspect of the area is that it has the highest population density of any area in Fort Collins. The 1999 Plan was initiated and guided by a diverse group of citizens representing business and property owners, residents, developers, Planning and Zoning Board members, and the general public. The Plan content was literally developed by the residents and constituents of the neighborhoods through the work of the Citizen’s Advisory Committee. City staff played a resource and advisory role in the development of the Plan. A similar advisory committee and/or working groups are anticipated for this update process, with the specific role to be determined in the startup phase. Recently, issues have been raised by residents, business owners, and other stakeholders in the West Central Area, prompting City Council to request this update to the Plan. Examples include: • A growing number of student housing development proposals • Neighborhood compatibility of new development (design and intensity) • Development proposals on, or adjacent to, sites with identified historic resources • Greater number of structures becoming potentially eligible for historic designation Packet Pg. 300 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 2 of 12 • A potential on-campus stadium proposal and other CSU building initiatives • Recent and planned student population growth at CSU • Cut-through traffic and parking on neighborhood streets • The overall impact of various development projects on the area • Transportation (Prospect Road design, pedestrian projects, connections to Mason Corridor) • Concerns about how the Plan is being implemented Some of these issues are already being addressed through separate planning and outreach efforts. These related efforts include: 1) Student Housing Action Plan: Neighborhood Services recently completed a study to address the increasing need for student housing and potential impacts and compatibility issues. 2) Land Use Code neighborhood compatibility and transition standards: Updates to certain Land Use Code standards for compatible development are currently being considered. 3) Historic Preservation Ordinance: Updates to the Municipal Code regarding Historic Preservation are currently being considered. 4) On-campus stadium: CSU is currently undertaking a feasibility assessment. 5) Fort Collins and CSU Bicycle Plans: The City of Fort Collins and CSU are both in the process of updating their bicycle plans. Coordination of these related efforts is required to assess what other issues need to be addressed during this update process. Plan Area The Plan area encompasses approximately three square miles, bounded on the south along Drake Road, Mason Corridor, Lake Street, and Shields Street on the east, Mulberry Street to the north, and Taft Hill Road on the west (see Map). Process The WCAP will be developed through four distinct phases, which will include community and stakeholder engagement throughout: • Phase 1: Project Initiation/Existing Conditions Develop a background assessment of existing conditions, issues, analysis, and community engagement process; • Phase 2: Reconfirm Plan Vision/Frameworks Packet Pg. 301 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 3 of 12 Reaffirm the plan vision and land use/transportation framework; • Phase 3: Plan Development Reaffirm policies and develop strategies to address key opportunities and issues; and • Phase 4: Plan Implementation/Adoption Develop an implementation action plan, and new document. Project Initiation/Existing Conditions In the first phase of the process, a public engagement plan will be developed by the staff team, and background land use and transportation information will be collected. This will include an assessment of the broad context and character of the area, including a review of existing adopted plans and other planning information. Work will also include data assessment and analysis of existing and future conditions, mapping, and building on initial list of issues to be addressed. Reconfirm Plan Vision/Frameworks The second phase will begin with a visioning process that will be innovative and engaging, with broad involvement from the neighborhoods. The adopted vision is expected to capture the imagination while building on neighborhood strengths. This phase will also include developing and evaluating alternative land use scenarios for determining a preferred framework map, with emphasis on protecting the desired character of established neighborhoods and districts within the planning area. This framework integrates existing and future land use, transportation, and natural systems and open lands into a composite map, while establishing a basis for policy direction. Plan Development The third phase sets a process to update existing policies and identify new policy direction, as needed. A range of strategy options will be identified to address issues, opportunities, and policy directives based on potential land use and transportation scenarios. Policy and strategy options will be evaluated in relation to the vision for the neighborhoods, as well as economic, social, and environmental sustainability. Plan Implementation/Adoption The fourth phase will include developing an action plan that will implement the recommended strategy options. The action plan will include priorities, phasing, roles, and funding for implementation. The remaining steps in this phase include developing the plan document and the formal plan adoption process. Community Engagement Effective and extensive community engagement will be critical to the success of this plan update. As part of the planning process, a public involvement program will be developed to effectively encourage public participation and engage area business and property owners, neighbors, CSU students and faculty, and citizens. The staff and consultant team will develop an outreach program that incorporates many opportunities for engagement such as interactive online activities and surveys, focus group sessions, presentation roadshows, advisory committee meetings, workshops, and open house meetings. Regular updates will be provided to Boards and Commissions, City Council, and civic organizations. Packet Pg. 302 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 4 of 12 SCOPE OF WORK CONSIDERATIONS City staff will lead management of the project, oversee community engagement, and revise the Plan document. The staff will perform the bulk of time-intensive tasks including public outreach, analysis, plan document development, interdepartmental coordination, and final quality control, with technical support provided by consultants. The consultant will perform supporting tasks including, but not limited to, conducting assessment and analysis/mapping, preparation of plan documents and support during the public outreach process. Technical expertise in land use/transportation/parking modelling and street/urban design will be provided by the consultant. The consultant will work collaboratively with staff to identify and address data needs, model land use and transportation options, coordinate with CSU regarding its development of master planning and stadium impacts, develop design alternatives for Prospect Road, evaluate transportation system alternatives, and produce a preliminary design (30%) for the preferred Prospect Road design (College to Shields). The draft scope of work outlined below is for the overall project and has been prepared to help guide project discussions. The specific “division of labor” between staff and consultant will be determined through negotiation with the successful consultant based on how the consultant’s qualifications and experience fit into the needs of the project. In its proposal, the consultant is encouraged to propose new and innovative approaches to completing the plan update. The consultant will need to define its proposed role in the preparation of the plan, highlighting areas of expertise. GUIDING PLANS AND DOCUMENTS Some key documents for reference include: • 1999 West Central Neighborhoods Plan: http://www.fcgov.com/advanceplanning/pdf/w-central-neighborhood-doc.pdf • 2011 City Plan: www.fcgov.com/planfortcollins/pdf/cityplan.pdf • 2011 Transportation Master Plan: www.fcgov.com/planfortcollins/pdf/tmp.pdf • 2013 Student Housing Action Plan: http://www.fcgov.com/advanceplanning/pdf/shap- doc.pdf • 2011 Pedestrian Plan: http://www.fcgov.com/planfortcollins/pdf/ped-plan.pdf • 2008 Bicycle Plan: www.fcgov.com/bicycling/pdf/bike_plan-2008.pdf • 2009 Transfort Strategic Plan: www.fcgov.com/transfort/plan-index.php STUDY ADMINISTRATION Ted Shepard, Chief Planner (Community Development and Neighborhood Services), and Amy Lewin, Transportation Planner (FC Moves) will serve as the City of Fort Collins project managers for the plan update. The consultant will confer/meet with the project managers regularly to review study progress, present working papers and study findings, and solicit direction. The process will be guided by a Technical Advisory Committee (TAC) as well as a Citizen Advisory Committee (CAC) comprised of neighbors, business interests, CSU and other stakeholders. Technical working groups and/or neighborhood focus groups may be used to support the TAC and CAC’s understanding of the project at key phases. Regularly-scheduled Packet Pg. 303 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 5 of 12 meetings with the TAC and CAC will allow the consultant to build and maintain the close working relationship essential for the project’s success. Working drafts developed during the study will circulate to the TAC and CAC for review and comment. Relevant comments and requests will be incorporated into the working drafts and final documents. SCHEDULE The WCAP update is scheduled to be completed and presented to City Council for adoption in March 2015. The anticipated schedule for task completion is as follows: Jan. – Mar. 2014 Project Initiation/Existing & Future Conditions Analysis (Tasks 1 & 2) Mar. – Apr. 2014 Consultant Selection Apr. – June 2014 Transportation System Analysis & Visioning (Task 3) July – Aug. 2014 Framework/Alternatives Development & Evaluation (Tasks 4, 5 & 6) Sept. – Oct. 2014 Plan Development (Tasks 7, 8, 9 & 10) Nov. 2014 – Jan. 2015 Preparation of Final Plan & Implementation Approach (Tasks 11 & 12) Feb. – Mar. 2015 Adoption Process The consultant and staff teams are expected to participate in a minimum of six meetings of City boards (Transportation Board and Planning and Zoning Board), four work session updates and final recommendation hearings for the Planning and Zoning Board and/or City Council, one City Council Work Session, a City Council hearing, and major public outreach events. SCOPE OF WORK Phase 1 Project Initiation/Existing Conditions Task 1: Define Parameters of Update Process City project management staff has initiated the following subtasks: • Develop an initial work program to guide the study effort • Establish a Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC), and identify key stakeholders and collaborators • Meet with key internal stakeholders to refine the project purpose and issues to be addressed • Identify initial public outreach tasks and prepare a public involvement plan outline • Refine scope of work with detailed study tasks, roles and responsibilities, objectives, and deliverables • Refine schedule to identify key milestones and deliverable due dates Packet Pg. 304 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 6 of 12 • Develop a Public Involvement Plan (including TAC/CAC schedule) • Create project website • Define strategy to coordinate with relevant ongoing and recently completed studies • Define roles and approach to coordination with FC Moves, other city departments, and CSU Task 2: Existing Conditions The second task will provide a comprehensive understanding of the past, present, and future conditions of the WCAP area and Prospect Road Corridor. This task will provide the basis for the development of a vision and concept alternatives. The consultants will develop and collaborate with staff on the following subtasks: a. Review of Existing Plans i. Gather and review relevant plans, data, and resources from city departments, CSU, and other agencies ii. Review 1999 West Central Neighborhoods Plan goals, policies, and implementation actions for relevance in plan update b. Existing Conditions i. Existing physical overview (land use and existing development, bike facilities, pedestrian facilities, historic buildings/features, floodplain and drainage, natural areas and features, cultural, utilities, safety, viewsheds and scenic features, land ownership, etc.) ii. Existing operational overview (traffic volumes, vehicle/bike/pedestrian Levels-of-Service, crash history, transit service, parking inventory and issues, etc.) iii. Existing influence conditions (zoning and regulations, socioeconomic conditions, demographics, business and employment, regional, city, corridor, etc.) iv. Develop GIS mapping and summary of data and analysis c. Future Conditions i. Future planned infrastructure improvements ii. Development proposals; future land use and population, employment, and socioeconomic projections (regionally, city, corridor) Packet Pg. 305 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 7 of 12 iii. Future traffic conditions, Levels-of-Service iv. Planned transit service v. Planned growth on the CSU Main and South campuses vi. Challenges and constraints related to current zoning (e.g., HMN district) vii. Relevant actions in adopted plans viii. Develop GIS mapping and conclusions d. Identification of Existing and Future Issues, Opportunities and Needs i. Neighborhood listening sessions to identify and improve understanding of key issues, opportunities, and needs. ii. Summary of issues, opportunities, and needs for the West Central Area and the Prospect Corridor e. Develop Triple Bottom Line (TBL) Analysis Maps for the West Central Area Plan and Prospect Corridor Plan i. Brainstorming session with TAC Consultant Deliverables • Transportation: Existing transportation conditions summary, detailed measurements of Prospect Road, infrastructure inventory, conflict point identification, existing cross sections, safety data, daily and peak hour volumes and turning movements for collector and arterial network, transit ridership and operations data, bicycle and pedestrian LOS, projected future baseline conditions, TBL Analysis Map for Prospect Corridor • Land Use/Neighborhood Character: Summary of issues, opportunities, and needs for the project area, TBL Analysis Map for West Central Area Plan • Public Involvement: Participation at TAC #1, CAC #1, and neighborhood listening sessions • Integration: Brief memo describing efforts to coordinate and integrate the WCAP with concurrent planning efforts throughout the planning process (e.g., CSU Master Plan, Fort Collins Bike Plan, etc.). Phase 2 Reconfirm Plan Vision/Frameworks The consultants will develop and collaborate with staff on the following subtasks: Packet Pg. 306 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 8 of 12 Task 3: Visioning This task will involve reassessing the existing plan vision, capturing the latest thinking on such elements as land use, transportation, open lands, safety, and compatibility. The vision will be based on findings from Task 2, public involvement and feedback from stakeholders, and guidance from City Council. The Public Involvement Plan will be a key resource in establishing a community- supported vision by providing a range of effective community engagement techniques that involve many different stakeholders within the plan area. The vision will capture the imagination in text and graphics that are rich in detail and reflect the desired character of the neighborhoods and districts within the West Central Area, specifically addressing the vision for the Prospect Corridor. Consultant Deliverables • Prospect Corridor: Purpose and Need Statement, Prospect Corridor vision • West Central Area Plan: Vision for West Central Area (including neighborhood character, transportation, and natural systems components) • Public Involvement: Materials, facilitation, and summary of public, TAC, and CAC meetings Task 4: Framework / Alternatives Development 4.a Prospect Corridor Alternatives Development Based on Task 2 and Task 3 results, a set of concept alternatives will be developed to achieve the vision by means of a new framework plan. The Public Involvement Plan, developed as part of Task 1, will reflect how the alternatives will be vetted through an open, interactive and innovative public process ultimately leading to a final preferred framework plan. 4.b West Central Area Framework Development Land use, transportation, natural systems, and other opportunities will be explored and developed into frameworks that will be further evaluated in Task 5. Elements of the frameworks should include, at a minimum, the following elements: Land Use: • Existing land uses • Future land uses • Vacant and redevelopment areas • Open lands, natural areas, viewsheds, stream corridors (especially Spring Creek) • Parks, schools, and trails Packet Pg. 307 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 9 of 12 • Identified neighborhood areas and business districts • Neighborhood character protection and enhancement • Housing and income diversity • Potential zoning or regulatory changes • CSU and CSURF, on-campus stadium and supporting facilities Transportation: • Proposed changes to existing street classifications or design • Median and access design (arterial streets) • Stormwater design, including Low Impact Development (LID) concepts • Bicycle and pedestrian improvements and connections (including multimodal LOS methodology) • Transit improvements and connections • Parking capacity, needs and management Consultant Deliverables • Prospect Corridor: Up to 3 corridor alternatives (plus baseline) for the Prospect Corridor, including modal splits, road, transit, bike, and pedestrian improvements, low/medium/high costing, conceptual design detail for each corridor alternative, and performance characteristics (multimodal LOS) • West Central Area Plan: Land use, transportation, and natural systems frameworks • Public Involvement: Materials, facilitation, and summary of public, TAC, and CAC meetings Task 5: Alternatives and Frameworks Evaluation - Triple Bottom Line Analysis This task includes evaluation of the Prospect Corridor alternatives and West Central Area frameworks according to Triple Bottom Line principles and evaluation methodology (see link: http://zeus.fcgov.com/utils- procedures/index.php/Triple_Bottom_Line). A few specific evaluation criteria could include: Social: a. Community character and neighborhood protection b. Housing opportunities c. Proximity/connections to shopping, neighborhood services d. Impacts of project on adjacent properties/neighborhoods Packet Pg. 308 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 10 of 12 e. Safety f. Multimodal mobility Environmental: g. Air and water quality h. Open space, natural resources, and scenic features i. Floodplains j. Low-impact development (LID) features k. Drainage and stormwater management l. Bicycle and pedestrian mobility m. Traffic congestion / operations (including parking) n. Transit service Economic: o. Employment opportunities p. Fiscal considerations q. Estimated cost for construction, operations and maintenance Consultant Deliverables • Prospect Corridor: Evaluation technical report, alternatives evaluation summary, Triple Bottom Line check-in/verification • West Central Area Plan: Evaluation technical report, framework evaluation summary, Triple Bottom Line check-in/verification • Public Involvement: Materials, facilitation, and summary of public, TAC, and CAC meetings Task 6: Prospect Corridor Preferred Alternative Based on the evaluation of alternatives and the public engagement process, a preferred alternative for Prospect Corridor will be selected and further refined as necessary. Consultant Deliverables • Prospect Corridor: Preferred alternative summary with graphics, Prospect Corridor preliminary (30% engineered) design, cost estimates Phase 3 Plan Development Task 7: Neighborhood Projects Based on the West Central Area frameworks, a list of projects will be developed that address the most significant issues, opportunities, and needs in the area. Through close coordination with relevant City departments, CSU, and other agencies, the list of projects should be refined and prioritized. Implementation of these projects will be further addressed in Tasks 10 and 11. Consultant Deliverables Packet Pg. 309 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 11 of 12 • West Central Area Plan: List of prioritized projects for the West Central Area. Task 8: On-Campus Stadium Impacts (optional task) Depending on the outcome of the CSU on-campus stadium feasibility study, potential impacts of the stadium on the Prospect Corridor and the surrounding West Central Area will be evaluated. To the extent possible, data and findings on noise, lighting, traffic, and parking from the CSU study will be incorporated into this planning process. Strategies for mitigating the potential impacts will be identified and evaluated for inclusion in the plan. Consultant Deliverables • Prospect Corridor: Identification of potential impacts and mitigation strategies specific to the Prospect Corridor. • West Central Area Plan: Identification of potential impacts and mitigation strategies for the West Central Area as a whole. Task 9: Policy Development This task will involve reassessing the existing policies in the West Central Neighborhoods Plan and identifying a new set of policy directives based on the vision, preferred framework plan, prioritized project list, and public input to date. Consultant Deliverables • West Central Area Plan: Updated policy structure and text for inclusion in the plan. • Public Involvement: TAC and CAC materials, facilitation, and summary. Task 10: Strategies This task will include the identification, evaluation, and prioritization of strategies to implement the plan vision and preferred framework plan. For each policy, strategy options will be identified to establish a foundation for implementation. Consultant Deliverables • West Central Area Plan and Prospect Corridor: Prioritized list of implementation strategies for inclusion in the plan. • Public Involvement: TAC and CAC materials, facilitation, and summary. Phase 4 Plan Implementation/Adoption The consultants will develop and collaborate with staff on the following subtasks: Task 11: Implementation Action Plan Packet Pg. 310 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Page 12 of 12 This task will include an assessment of specific actions that will implement the priority list of recommended strategy options from previous phases for the Prospect Corridor and the West Central Area. The findings of this assessment will be formalized in an action plan table that includes roles and responsibilities, timeframe and potential funding. This task will also include phasing and a process for monitoring the performance of improvements. The detailed funding plan will identify the most likely funding sources for each strategy, aligned with current budget and future budget cycles and Capital Improvement Plans, and steps needed to pursue and acquire the funding. Consultant Deliverables • West Central Area Plan and Prospect Corridor: Implementation summary, phasing recommendation and costing, recommended implementation schedule, funding strategies, specific action items, and process for ongoing monitoring of plan implementation Task 12: West Central Area Plan Preparation and Adoption This task includes compiling information and deliverables from the previous tasks and public involvement into a draft plan document, managing the public review process, making edits and refinements, and submitting a final plan for adoption. The final plan will be organized and formatted in a way that can be easily understood and interpreted by members of the public, decision-makers, and staff. The plan document will reflect a high level of visual graphics to support language in the plan, including charts, illustrations, maps, photos and other images necessary to portray information in a clear and concise manner. Technical language (jargon) should be minimized. An executive summary will be provided, along with introductions for each chapter and summaries of information included in an appendix. Consultant Deliverables • Prospect Corridor: Prospect Corridor Plan component of the overall plan, including: existing conditions summary, purpose and need, vision, alternatives description and evaluation summary, preferred alternative summary, corridor design (as an appendix), implementation summary, and supporting graphics. • West Central Area Plan: Draft and final formatted West Central Area Plan, including: existing conditions summary, vision, framework description and evaluation summary, neighborhood projects, policies, strategies, implementation and monitoring plan, and supporting graphics. • Public Involvement: Public, TAC and CAC meeting materials, facilitation, and summary; participation in City Council work session(s) and hearing. Packet Pg. 311 Attachment14.5: WCAP Final Scope (SR 024 West Central Neighborhoods Plan Transp. Appropriation) West Central Area Plan / Prospect Corridor Design Timeline TASK JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR o o o ● o ● o ● CC o ● CC Task 6: Prospect Corridor Preferred Alt. Task 7: Neighborhood Projects Task 8: On-Campus Stadium Impacts Task 9: Policy Development o ● CC o ● CC Legend o CC ● Task 11: Implementation Action Plan Task 12: West Central Area Plan Preparation & Adoption 2014 2015 PHASE 1: PROJECT INITIATION & EXISTING CONDITIONS PHASE 2: RECONFIRM PLAN VISION & FRAMEWORKS PHASE 3: PLAN DEVELOPMENT PHASE 4: PLAN IMPLEMENTATION & ADOPTION Task 1: Project Initiation Task 2: Existing & Future Conditions Analysis Task 3: Visioning Task 4: Framework & Alternatives Development Task 5: Alternatives & Framework Evaluation (TBL) Task 10: Strategy Devleopment West Central Area Plan City Council Work Sessions/Hearings Prospect Corridor Design Neighborhood Mtgs/Roadshows Workshops/Events Packet Pg. 312 Attachment14.6: WCAP Project Schedule (SR 024 West Central Neighborhoods Plan Transp. Packet Pg. 313 Attachment14.7: Development Review Flow Chart (SR 024 West Central Neighborhoods Plan Transp. 1 West Central Neighborhoods Plan Transportation Appropriation Second Reading Regular City Council Meeting March 4, 2014 Packet Pg. 314 Attachment14.8: Powerpoint presentation (SR 024 West Central Neighborhoods Plan Transp. 2 West Central Neighborhoods Plan • Adopted in 1999 • To be updated in 2014 • Appropriation approved in last BFO cycle • Initial outreach indicates a need for expanded transportation element Packet Pg. 315 Attachment14.8: Powerpoint presentation (SR 024 West Central Neighborhoods Plan Transp. 3 This Transportation Appropriation • Appropriates $170,000 to expand the WCNP transportation element – Enhanced network analysis – Area-wide transportation modeling – Preliminary design for Prospect (College to Shields) • Will provide new baseline data • Stadium planning and CSU Master Plan are parallel but separate Packet Pg. 316 Attachment14.8: Powerpoint presentation (SR 024 West Central Neighborhoods Plan Transp. 4 Packet Pg. 317 Attachment14.8: Powerpoint presentation (SR 024 West Central Neighborhoods Plan Transp. 5 • 16 total Area Plans • Provide detail appropriate to neighborhood scale • Address growth but not individual development impacts • Appropriated through City budget process Area Plans Packet Pg. 318 Attachment14.8: Powerpoint presentation (SR 024 West Central Neighborhoods Plan Transp. - 1 - ORDINANCE NO. 024, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE KEEP FORT COLLINS GREAT FUND TO FUND FURTHER DEVELOPMENT OF THE WEST CENTRAL NEIGHBORHOODS PLAN WHEREAS, the West Central Neighborhoods Plan (the “Plan”) which was established in 1999, encompasses the neighborhoods south and west of Colorado State University (“CSU”) campus; and WHEREAS, the Plan area includes commercial and institutional uses as well as the highest residential density of any planning area in Fort Collins; and WHEREAS, the Transportation element of the Plan is in need of an update in light of CSU on-campus expansion, student population growth, additional area development, automobile congestion mitigation needs, and deficiencies of sidewalks, bike lanes, and parking facilities; and WHEREAS, the update will address transportation facilities and services for the “Prospect Corridor,” (the portion of Prospect Road between College Avenue and South Shields Street) review of existing conditions, identifying data needs, establishing a transportation vision, CSU campus development, potential on-campus stadium impacts, updates to existing network plans, and evaluating design alternatives for Prospect Road; and WHEREAS, the FC Moves Department is requesting a one-time appropriation of $170,000 from existing reserves in the Keep Fort Collins Great Other Transportation Reserve to fund consulting services associated with the development of the Transportation Element of the Plan update; and WHEREAS, if appropriated, these funds will supplement $135,000 of previously approved funding for consulting services to update the land use, housing, and urban design elements of the Plan; and WHEREAS, the consolidation of funds will result in considerable efficiencies in public expenditure, outreach and engagement, sharing of data and design concepts between land use and transportation, and utilizing a single consultation team to serve both land and transportation updates to the Plan; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from reserves in the Keep Packet Pg. 319 - 2 - Fort Collins Great Fund the sum of ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) to support the update of the West Central Neighborhoods Plan in 2014. Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 320 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Steven Catanach, Light & Power Operations Manager SUBJECT Second Reading of Ordinance No. 027, 2014, Approving Revisions to the Fort Collins Utilities' Electric Construction Policies, Practices, and Procedures. EXECUTIVE SUMMARY Ordinance No. 027, 2014, adopted on First Reading on February 18, 2014 by a vote of 6-0 (Campana recused) adopts the revised Electric Construction Policies, Practices, and Procedures (ECPPP). The ECPPP provides definition to developers and contractors related to the construction of electrical facilities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 18, 2014 (PDF) 2. Ordinance No. 027, 2014 (PDF) Packet Pg. 321 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 18, 2014 City Council STAFF Steven Catanach, Light & Power Operations Manager SUBJECT First Reading of Ordinance No. 027, 2014, Approving Revisions to the Fort Collins Utilities' Electric Construction Policies, Practices, and Procedures. EXECUTIVE SUMMARY The purpose of this item is to adopt the revised Electric Construction Policies, Practices, and Procedures (ECPPP). The ECPPP provides definition to developers and contractors related to the construction of electrical facilities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The ECPPP establishes rules for developers and contractors in the construction of electric facilities. The last revision of these rules was approved in 2002 (Ordinance No. 083, 2002). This version did not include vital metering requirements and standard construction drawings. The current additions to the rules document current practices of the Light & Power utility; it is important to have these requirements formally included and documented in the approved ECPPP document. Out-of-date references to industry codes and standards are updated in the current revision. Confusing definitions of terms have also been reworded to clarify. These modifications will help developers/contractors understand the City’s requirements as well as local electric construction industry and our internal employees. PUBLIC OUTREACH Light & Power held a “feedback forum” for external stakeholders (i.e. electric construction contractors and electricians) on November 18, 2013. Invitations were sent to approximately 266 individuals and businesses. Additionally, the draft revisions were posted on the City Web site prior to the forum to allow stakeholders to gain familiarity with the changes. There were no attendees at the forum nor any comments from the website. ATTACHMENT 1 Packet Pg. 322 Attachment15.1: First Reading Agenda Item Summary, February 18, 2014 (SR 027 Electric Construction Policies) - 1 - ORDINANCE NO. 027, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING REVISIONS TO THE FORT COLLINS UTILITIES’ ELECTRIC CONSTRUCTION POLICIES, PRACTICES AND PROCEDURES WHEREAS, Section 26-463 of the City Code requires that rules and regulations applicable to electric service provided by the City, and persons receiving such electric service, shall be adopted by the Utilities General Manager and approved by ordinance of the City Council; and WHEREAS, the Electric Construction Policies, Practices and Procedures were last revised in 2002 and approved by City Council Ordinance No. 083, 2002; and WHEREAS, the Electric Construction Policies, Practices and Procedures provide rules and guidelines for the installation of electric service to new development, redevelopment and remodeling; and WHEREAS, the Utilities General Manager has recommended that changes be made to the Electric Construction Policies, Practices and Procedures in order to clarify existing provisions and to reflect current operating practices and terminology; and WHEREAS, in 2013, Utilities held a public forum to review the Electric Construction Policies, Practices and Procedures with community stakeholders, and all Electric Construction Policies, Practices and Procedures, dated August 29, 2013, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Policies”) incorporate suggestions received from the public and stakeholders; and WHEREAS, the City Council desires to adopt the recommended updated Policies. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Policies are hereby approved and shall govern as policies governing all development, redevelopment and remodeling pertaining to construction of electric service in the City of Fort Collins. Packet Pg. 323 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) - 2 - Introduced and considered favorably on first reading, and ordered published this 18th day of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading this 4th day of March, A.D. 2014. ______________________________ Mayor ATTEST: ______________________________ City Clerk Packet Pg. 324 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) Electric Construction Policies, Practices, and Procedures Ordinance No. 027, 2014 Utilities Customer Service Office 117 N. Mason Street Fort Collins, CO 80524 Phone: (970) 212-2900 Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 Phone: (970) 221-6700 Fax: (970) 221-6619 E-mail: utilities@fcgov.com Web: www.fcgov.com/utilities Publish Date: August 29, 2013 Packet Pg. 325 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 1 Table of Contents Fort Collins Utilities Electric Construction Policies, Practices and Procedures 1. Authority for Regulations ............................................................................ 3 2. Application of Policy .................................................................................... 3 3. Underground Construction Required ........................................................ 3 4. Costs ............................................................................................................... 3 4.1. New Development and Redevelopment ................................................................................ 3 4.2. Modifications to Capacity ..................................................................................................... 4 5. Residential Service Construction ................................................................ 4 5.1. Single Occupancy (single residence) ..................................................................................... 4 5.2. Multiple Occupancy (apartments)........................................................................................ 5 5.3. Mobile Home Parks ............................................................................................................... 5 6. Project Development Plan ........................................................................... 5 7. Commercial Service Construction .............................................................. 5 7.1. General .................................................................................................................................... 5 8. Metering ......................................................................................................... 6 8.1. Meter Locations and Clearances .......................................................................................... 6 8.2. Self-Contained Meter Sockets ............................................................................................... 7 8.3. Current Transformer (CT) Metering .................................................................................. 9 8.4. Mobile Home Parks – Meter Pedestals .............................................................................. 12 8.5. Commercial Meter Pedestals .............................................................................................. 13 8.6. Cold Sequence Metering ..................................................................................................... 13 9. Construction Coordination Sequence ....................................................... 14 9.1. General .................................................................................................................................. 14 9.2. Prerequisite to Construction ............................................................................................... 14 9.3. Street Crossing Option ........................................................................................................ 14 9.4. Trenching Option ................................................................................................................. 15 9.5. Joint Use Construction ........................................................................................................ 15 10. Relocation of Facilities from Vacated Easement ..................................... 15 11. Temporary Service ..................................................................................... 15 12. Working Adjacent To Overhead Lines .................................................... 16 13. Locate Policy ............................................................................................... 16 14. Contractor Access to Energized Transformer Compartments .............. 16 Packet Pg. 326 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 2 15. Other Rules and Regulations ..................................................................... 16 16. Design Drawings ......................................................................................... 16 16.1. Design drawings. .............................................................................................................. 16 16.2. Modifications: ................................................................................................................... 17 16.3. Appeals: ............................................................................................................................. 17 Glossary ............................................................................................................. 18 Packet Pg. 327 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 3 City of Fort Collins Utilities Electric Construction Policies, Practices and Procedures 1. Authority for Regulations This policy, and the regulations it implements, are authorized by Section 26- 463 of the Code of the City of Fort Collins, and shall be available for public review at the Fort Collins Utility Service Center and the Office of the City Clerk of the City of Fort Collins. 2. Application of Policy This policy applies to all construction, new development, redevelopment or remodeling. 3. Underground Construction Required All electric utility lines and line extensions shall be underground in accordance with the requirements of the "Electric Service Rules and Regulations." Permanent buildings or structures shall not be located directly over underground electric utility facilities unless approved by Utilities Executive Director. 4. Costs 4.1. New Development and Redevelopment Cost estimates from preliminary plats will be furnished on request to developers for planning purposes (based on average electric costs developed by the Fort Collins Utilities (hereinafter called the Utilities) from previously completed projects). Developers will receive a firm price for the underground electric system for a subdivision, mobile home park or project development plan after providing the Utilities with: 1. one copy of the final approved subdivision plat, and 2. the number, size and location of points-of-service at which electric service is requested. When the developer requests the actual construction of the project be started, a payment of fifty percent of the quoted firm price will be required. This partial payment need only be paid on the portion of the underground electric system which is to be constructed and not necessarily on the whole subdivision project, provided that such portion is suitable for partial electric service. Quoted firm prices will include off-site facilities, primaries and streetlights. The owner will be charged for electric services not paid for by the developer. The underground electrical system will be installed in two phases: 1. Phase one includes the installation of the primary conduit, transformer vaults, primary conductor and customer service provisions from the transformer vault to the nearest lot corner or on-site transformer. Upon completion of this phase of the project, the final payment of the quoted firm price becomes due and payable. The electrical system will be energized following receipt of payment of all project fees and charges. 2. Phase two includes the installation of the customer's service to the lot corner or on-site transformer or meter socket. Service will be installed upon mutual agreement, as to point of-service and meter location. A separate charge will be made for the service prior to installation. Packet Pg. 328 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 4 Modifications to the development plans requiring field changes in the electric system and unforeseen construction obstacles such as frost and rocky soil conditions will be charged on a change order basis and will be coordinated with the developer prior to proceeding with the work. 4.2. Modifications to Capacity For remodeling or other modifications where the customer's electric panel capacity is increased and where development charges have not previously been paid, development charges (off-site facilities, primary and streetlights) are applicable to the increased capacity on a prorated basis. All charges for on-site costs are applicable per the Line Extension Policy of the "Electric Service Rules and Regulations". 5. Residential Service Construction This section of the policy applies to new subdivided areas where curb (except for radius sections) and grading have been completed but where gas and telephone utilities and paving have not been installed (see Section 9 - Construction Coordination Sequence). Unless capacity demand is substantially higher than normal as determined by the Utilities Executive Director or his or her designee, residential service construction must utilize a single phase primary system complete with transformer vaults and transformers designed to convert the primary system voltage to the standard residential voltage of 120/240 volts, three wire single- phase, including the three wire electric service to the meter location. For detailed metering equipment and location information, reference Section 8 – Metering. The electric facilities will generally be installed underground behind the curb or sidewalk with a minimum cover of 30 inches, and will generally be completely at or below grade utilizing front lot line construction. Streetlighting will be installed in accordance with the City of Fort Collins design criteria and standards for streets. . 5.1. Single Occupancy (single residence) 5.1.1. Before electric service is installed, the meter socket (furnished by the owner) shall be installed and the meter socket installation must be approved by the Building Inspection Department. 5.1.2. A rigid non-metallic conduit attached from the socket to a point 24 inches below finished grade, must be provided. The conduit size shall be as specified by the Utilities and shall not be less than 2 inches inside diameter. See drawing ECPPP-1 for more details. 5.1.3. The Utilities will furnish and install the service conductors to the meter socket. 5.1.4. The Utilities will install, own and maintain all underground service wires, buses and electrical devices up to and including provisions for connection of the customer's service wires; such connection provision will be generally located within the confines of the meter socket enclosure. 5.1.5. All construction and maintenance on the customer side of any provision for customer service wire connection including the making of such service connections shall be done by someone other than the Utilities. 5.1.6. The secondary electric service fee is to be paid at the time the building permit is issued. Packet Pg. 329 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 5 5.2. Multiple Occupancy (apartments) 5.2.1. Where service is provided to individual customers located in a structure designed for multiple occupancy, meters shall be grouped for service from a single circuit secondary service. 5.2.2. The location shall be on the exterior for multiple occupancy, unless otherwise approved by the Utilities. 5.2.3. The owner shall furnish and install UL approved meter sockets and rigid (non-metallic) service entrance conduit to a point 24 inches below finished grade. The service conduit shall be not less than 2-1/2 inches inside diameter or as specified by the Utilities. 5.2.4. The owner shall also provide a one-inch conduit from the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. 5.2.5. At the option of the Utilities, the owner may be required to furnish and install specified service conductors to the transformer terminals. 5.2.6. Service conductor size and insulation shall be as approved or specified by the Utilities. 5.2.7. Trenches for secondary services to apartment complexes that are 8-plexes and larger shall be inspected by Building Inspection. 5.3. Mobile Home Parks 5.3.1. Electric facilities will generally be installed on rear lot lines (unless otherwise approved by the Utilities) to ganged meter sockets with breakers, and will be installed and billed with the first phase of construction. Single-position utility meter pedestals may also be used provided they adhere to the same sections as applies to ganged meter sockets (Sections 5.3 and 8.4). 5.3.2. Meter sockets with breakers shall be furnished, installed and maintained by the owners. Meter sockets and breakers shall be Utilities-approved devices (see Section 8 – Metering). 5.3.3. A 2-inch rigid non-metallic utility service conduit (or conduits as required) from the meter sockets with a cover of 24 inches (± 6 inches) from finished grade, using a 24 inch radius 90-degree bend is to be installed by the owner and approved by the building inspector. 5.3.4. If the meter sockets are not building mounted, a manufactured meter pedestal that meets requirements in Section 8.4 shall be utilized. 6. Project Development Plan The applicable service rules as described under the residential and commercial construction headings apply. 7. Commercial Service Construction 7.1. General 7.1.1. Commercial service construction will be considered on an individual basis depending upon size, type and characteristics of the load requirement. 7.1.2. The Utilities will endeavor to provide special service voltages and/or connections when a Utilities-approved document is presented, provided that such document or documents accurately and completely describe the owner's load and desired entrance needs. Packet Pg. 330 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 6 7.1.3. Service requirements, construction costs and payment terms will be provided on request. Early contact with the Utilities during the planning stages is essential. The Utilities will not be obligated to provide special service voltages if planning has not been coordinated with the Utilities. 7.1.4. Entrance requirements including location, number of phases, voltage, amperage per meter, number of meters, and underground or overhead must be determined with the Utilities at an early date (also see Section 8 – Metering). 7.1.5. Typically, the Utilities will provide these services:  Single phase 3 wire 120/240 volt,  Single phase 3 wire 208Y/120 volt,  Three phase 208Y/120 volt 4 wire service, or  Three phase 480Y/277 volt 4 wire service. Other service voltages or types must be approved by the Utilities. 7.1.6. Padmounted transformers that serve commercial services shall adhere to location clearance and work access requirements displayed in design drawings ECPPP-3, ECPPP-5, ECPPP-6,ECPPP-7, and ECPPP-8 (see Section 16 – Design Drawings). 7.1.7. Because of planned underground service facilities and requirements to convert overhead lines to underground, the location or characteristics of existing or prior electric service facilities will not determine the location or service characteristics of a new or modified electric service entrance. 7.1.8. Except when the Utilities determines that underground is not feasible, services will be installed underground. 7.1.9. The owner will be required to furnish, install and maintain all circuits and equipment on the customer side of the point of delivery. 7.1.10. On three phase commercial services there is a limit to the number of cables per phase that the customer may install. For installations utilizing a 12 conductor set screw connector on each bushing, no cable shall exceed 500 kcmil in size and no service shall exceed 48 cables (i.e. 12 cables/bushing). For installations utilizing two-hole crimp on lug connectors that bolt onto the 10-hole spade, no service shall exceed 40 cables (i.e. 10 cables/bushing). 7.1.11. For detailed metering equipment requirements and location information, reference Section 8 – Metering. 7.1.12. Streetlighting will be installed in accordance with the City of Fort Collins' design criteria and standards for streets. 8. Metering 8.1. Meter Locations and Clearances 8.1.1. The location of meters and metering equipment will be approved by Fort Collins Utilities where they will be readily accessible at all times for reading, testing, inspecting, and other maintenance purposes. The meter must be located for easy reading and access by the Utilities on a side wall of the structure as close to the street side of the structure as possible and shall not be in an enclosed or fenced area of the property. 8.1.2. Outdoor meters will not be installed where they will interfere with traffic, sidewalks, driveways, or where they will obstruct the opening of doors or windows, or in any location that may be considered hazardous or cause damage to the metering equipment. 8.1.2.1. Where service is supplied to individual customers located in a structure designed for multiple occupancy, the individual outdoor meters will be grouped at a point nearest the service attachment and must be as specified in the excerpts from Article 370 of the National Electrical Code. 8.1.2.2. The mounting heights for multiple meter stacks will be no lower than 36 inches from final grade to the center of the lowest meters and will be no higher Packet Pg. 331 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 7 than 72 inches from grade to the center of the highest meters. Any variation from these mounting heights requires prior approval from the Fort Collins Utilities Electric Meter Shop. 8.1.3. Indoor meter installations are not acceptable without express written consent of Fort Collins Utilities Electric Meter Shop. 8.1.4. Meter sockets will be plumb and securely fastened to the building wall (at framing members). 8.1.5. Meter sockets will be installed 60 to 72 inches above finished grade or permanent platform. 8.1.6. Meter sockets must NOT be installed under projections lower than six feet to allow for reading and maintenance of equipment. 8.1.7. A minimum of three feet of clear space must be left in front of the meter for reading and maintenance of equipment. 8.1.8. A minimum of two feet of clear space measured from any part of the meter socket to all conduits, pipe, walls, etc. must be maintained for servicing. 8.1.9. Electric meters and CT cabinets will be located at least three feet radially from gas meter regulators. 8.1.10. The builder is required to install the electric meter socket(s) on the same side as the electric service ‘stub’. 8.1.11. Builders are also encouraged to install the natural gas meter(s) on the opposite side of the house from the electric service. 8.1.12. The electric service trench must be a minimum of 3 feet from the natural gas service trench, and the electric and gas services shall not cross each other. 8.2. Self-Contained Meter Sockets 8.2.1. All meter sockets (residential and commercial), except in the case of CT metered facilities, shall be purchased and installed by the electrical contractor from suppliers. All commercial self-contained meter sockets shall be cold sequenced. Please see Section 8.2.9 and 8.6 for more information on cold sequencing. 8.2.2. The owner of the facility or residence being served is responsible for the repair and maintenance of the meter socket, including ganged meter sockets. 8.2.3. All self-contained meter sockets rated for 320 amps and below shall be wired by the customer. 8.2.4. Fort Collins Utilities will wire CT meter sockets from CTs to the meter socket. 8.2.5. Meter sockets shall be furnished and installed by the owner or his agent as a contribution in aid to construction on a non-refundable basis. All meter sockets, meter stacks, and modular metering systems will be manufactured in accordance with the latest revision of the following: ANSI C.12.7, ANSI/UL 414, and NEMA 250, as well as all other applicable code and standards, with revisions and modifications as contained in the specification. They shall be labeled according to their listing and installed and used in accordance with their rating and labeling. 8.2.6. Fort Collins Utilities reserves the right not to energize an under-rated or unapproved meter socket. 8.2.7. Damaged meter sockets shall be replaced and installed by the owner or his agent at no expense to Fort Collins Utilities. 8.2.8. Residential (single and multiple occupancy) Meter Sockets 8.2.8.1. This section covers installations not exceeding 320 amps or 300 volts. 8.2.8.2. Residential meter sockets shall be UL-approved, 4- or 5-terminal sockets (5- terminal required for 120/208 volt service) and be rated for a minimum of 100 amps. 8.2.8.3. Fort Collins Utilities will connect to the line side of the residential meter socket. Packet Pg. 332 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 8 8.2.8.4. Each meter socket shall be plainly and permanently marked to indicate which apartment or unit it supplies. The labeling shall be located or attached to the exterior non-removable portion of the meter socket or at the individual meter main disconnect. The marking shall be the same as the mailing address for each unit. The owner or developer shall be responsible for electricity delivered through unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.2.9. Commercial Meter Sockets 8.2.9.1. This section describes requirements for commercial self-contained meter sockets. In addition to the requirements in this section, installations not exceeding 320-amp meter socket rules in Section 8.2.8 – Residential Meter Sockets shall apply. All installations exceeding 320 amps shall follow rules in Section 8.3 – Current Transformer (CT) Metering Equipment. 8.2.9.2. All commercial self-contained meter sockets, single and three-phase, shall be cold sequenced. For cold sequence metering requirements, see Section 8.6. 8.2.9.3. The owner or his agent shall install the meter socket (furnished by the Utilities). The owner shall furnish a one-inch conduit from the meter socket to the phone room and a one-inch conduit from the secondary side of the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. 8.2.10. Electrical Ratings 8.2.10.1. All sockets/housings shall be rated 300 Volts or 600 Volts as detailed in ANSI C.12.7. 8.2.10.2. All sockets/housings shall have a minimum 10,000 ampere AISC rating. Installations other than single family residential and mobile home parks shall contact the Electric Meter Shop for maximum available short-circuit current, which shall determine whether a higher AISC rating is necessary. 8.2.10.3. Meter sockets shall accommodate a minimum #4/0 AWG service conductor. 8.2.11. Construction 8.2.11.1. All line side compartments shall accommodate Fort Collins Utilities’ seal regardless of whether the compartment is designed to house a meter. 8.2.11.2. A temporary meter cover plate is required. No metallic material is acceptable. 8.2.11.3. A flash shield is required for 277/480 Volt services. 8.2.11.4. All meter housings shall be outdoor weather-resistant type. 8.2.12. Covers 8.2.12.1. Each socket in a multi-socket stack shall have an individual cover and sealing provision. 8.2.12.2. Only one-piece ringless covers are acceptable. 8.2.12.3. Covers shall be designed for sealing with a padlock type seal and removable without removing any screws, bolts, or nuts. 8.2.12.4. Cover shall be designed to prevent removal of any portion without first removing the seal. 8.2.13. Jaws and Terminal Block 8.2.13.1. Any tension springs shall be permanently captive. 8.2.13.2. Lugs/terminals shall be suitable for use with copper or aluminum conductors. 8.2.13.3. Lugs shall be hex-head type with captive bolts. 8.2.14. Requirements for the meter socket bypass are shown in Table 8-1 below: Packet Pg. 333 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 9 Table 8-1 Socket Application Bypass Type Based on Maximum Continuous Ampacity Rating Up to 200 Amps 320 Amps Residential (Single Occupancy) Horn/Lever Lever Single-Phase Meter Pedestal (including Mobile Home) Horn/Lever Lever Commercial Meter Pedestal Lever Lever Commercial Single-Phase Lever Lever Commercial Three-Phase Lever Lever Ganged (Multi-Unit Dwelling): Main “house socket” Socket feeding individual dwelling Horn/Lever Horn/Lever Lever 8.3. Current Transformer (CT) Metering 8.3.1. General 8.3.1.1. For loads exceeding 320 Amps or 300 Volts, but less than 600 Volts, meter sockets will be furnished by the Utilities and installed by the owner or his agent. Metering will be instrument transformer rated, with instrument transformers furnished by the Utilities. The owner or his agent shall furnish and install a one- inch conduit from the meter socket to the instrument transformer location. 8.3.1.2. Instrument transformers and associated equipment such as enclosures, racks, poles, cable, terminations, insulators, etc., for primary metering shall be at the expense of the customer on a non-refundable basis. The owner or his agent shall install the meter socket (furnished by the Utilities), and shall furnish and install a one-inch conduit from the meter socket to the instrument transformer location. The owner shall furnish a one-inch conduit from the meter socket to the phone room and a one-inch conduit from the secondary side of the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. If the meter socket is located more than 50 feet in one direction from the location of the instrument transformers, contact Electric Meter Shop for approval. 8.3.1.3. Each meter socket and panel shall be plainly and permanently marked to indicate which unit it supplies. The labeling shall be located or attached to the exterior non-removable portion of the meter socket or at the individual meter main disconnect. The marking is to be the same as the mailing address for each unit. The owner or developer will be responsible for electricity delivered through unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner, whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.3.1.4. Current transformers (CTs) are required if load (main size) is over 320 amps. CT and meter socket location must be approved by Fort Collins Utilities before installation. Under no circumstances will CTs or PTs be installed on secondary overhead lines, in padmounted transformers or inside gutters, raceways, or enclosures not designated for instrument transformers. Contact Electric Project Engineering with any questions on suitable locations. All CTs will be furnished by Fort Collins Utilities for installation by the customer. All CT’s, except in primary metering instances, are owned and maintained by Fort Collins Utilities. When CTs are to be mounted in the customer’s switchgear, dimensions of the cross section of bus where CTs are to be installed shall be submitted to the Fort Packet Pg. 334 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 10 Collins Utilities Electric Meter Shop for proper CT sizing. CTs are not allowed in any transformers. 8.3.1.5. In the event that CTs are mounted on buss bars, in customer switchgear or CT cabinets, the customer will provide a suitable terminal for a #12 copper wire on the neutral (and on each phase conductor in the case of window-type rather than bar-type CTs). Such terminals may consist of any appropriate lug or a #10 screw type terminal. 8.3.1.6. All CT rated installations shall have a conduit from the electric meter socket to the customers’ phone room which will be installed by the builder. 8.3.1.7. Any exception to the CT-metering practices outlined above or below will require the approval of Fort Collins Utilities Electric Meter Shop prior to installation. 8.3.2. CT Cabinet Requirements - General 8.3.2.1. Where CT cabinets are required, they will be furnished and installed on the outside of an exterior wall by the customer. 8.3.2.2. The size of the cabinet shall allow a minimum bending space in accordance with Section 312 of the National Electric Code. For minimum dimensions of all types of CT cabinets and types of CTs, reference Tables 8-2, 8-3, 8-4, and 8-5 below. Table 8-2: Single Phase 120/240V Table 8-3: 3 Phase 4 Wire 120/208V (or 240V) Amps Height Width Depth CT Type Amps Height Width Depth CT Type 400 18 24 9 B 400 30 30 9 B 600 40 24 9 B 600 40 30 9 B 800 48 30 11 B/W 800 48 30 11 B/W 12001 60 33 13 W 1200 48 33 11 W 1600 60 33 13 W 1600 60 33 11 W 148x48x12 may also be used 2000 60 39 15 W 3000 75 39 24 W Table 8-4: 3 Phase 4 Wire 277/480V Table 8-5: 3 Phase 4 Wire 277/480V with (PT's mounted inside CT Compartment) integral PT mounting provisions Amps Height Width Depth CT Type Amps Height Width Depth CT Type 400 40 30 9 B 400 48 36 15 B 600 48 30 11 B 600 48 36 15 B 800 48 36 11 B/W 800 48 36 15 B/W 1200 60 33 11 W 1200 60 51 24 W 1600 60 39 15 W 1600 75 63 24 W 2000 75 39 24 W 2000 75 63 24 W 3000 90 39 24 W 3000 75 63 24 W Tables Notes: 1. CT Type – Bar (B) or Window (W). When ordering a cabinet for window-type CTs, the customer is required to supply bars and mounting brackets. 2. All dimensions are listed in inches. Packet Pg. 335 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 11 8.3.2.3. CT cabinets shall be rated and factory labeled “NEMA 3R”. They shall also be UL listed as Instrument Transformer or CT Enclosure. 8.3.2.4. CT cabinets shall be rated 600 volts maximum and shall have a grounding lug. 8.3.2.5. The CT cabinet shall have hinged door(s). CT cabinet doors shall be supplied with a hasp to accept a Fort Collins Utilities padlock (5/16” diameter shackle). All raceways and compartments ahead of the entrance shall also be sealable. 8.3.2.6. CT cabinets shall incorporate a provision (lug or terminal) for bonding line and load side service neutrals together and to the cabinet. This termination shall also include a terminal for connecting #12 AWG solid or stranded copper wire to the neutral conductor within the enclosure for the purpose of providing a secondary neutral for the meter. 8.3.2.7. CT cabinets shall be installed immediately adjacent to the associated meter socket(s). A minimum clearance will be provided in front of the CT cabinet to fully open the door and have at least three feet of working space. A minimum clearance from finished grade to bottom of the CT cabinet shall be no less than 12 inches. The installation height of the CTs and/or PTs shall be between 24 inches minimum and 72 inches maximum measured from the center of the CTs to finished grade. 8.3.2.8. The phase arrangement on a 3-phase installation shall be A, B, C left-to- right, top-to-bottom when viewed from the front of the switchgear, except for a 3- phase, 4-wire delta system in accordance with 2011 NEC® Article 408.3(E) Exception, or as may be amended. The high-leg of a 3-phase, 4-wire delta system shall be installed in the right-hand phase position for vertical bus or the bottom phase position for horizontal bus in the switchgear CT compartment. 8.3.2.9. CTs must be installed with the white dot (H-1) facing the line side (towards the transformer). Any variance from these requirements must have approval of the Electric Meter Shop. 8.3.2.10. Installations of 800 amp rating and below shall have mounting provisions for an ABB Type CMF bar-type CT or ABB type CMV urn style CT. If urn type used then a minimum 12" length removable bus section and CT support angles shall be provided. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.2.11. Installations from 1000 to 4000 amp rating shall have a minimum 12" length removable bus section and CT support angles which will accommodate an ABB Type CLC window-type CT. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.2.12. Split core or clamp-on CTs for utility metering purposes are expressly prohibited. 8.3.3. Wall Mounted CT Cabinet Requirements 8.3.3.1. In addition to the General CT Cabinet Requirements wall mounted CT cabinets shall meet the requirements in this section. 8.3.3.2. 277/480V services greater than 320 amps may require Potential Transformers (PTs). A CT cabinet with integral PT mounting provisions is the preferred equipment (See table 8-5 for minimum dimensions). External PT enclosures are not allowed. If the CT cabinet does not have integral PT mounting provisions, it must be upsized to permit mounting of the PTs within the same compartment as the CTs (See table 8-4 for minimum dimensions). An unobstructed space, 8x8x23 inches (minimum) must be maintained at the top or bottom of the CT compartment for PT mounting. PT mounting height must not exceed 6 feet. No electrical conductors may be in front of PTs. Packet Pg. 336 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 12 8.3.4. Switchgear Mounted CT Cabinet Requirements 8.3.4.1. In addition to the General CT Cabinet Requirements switchgear mounted CT cabinets shall meet the requirements in this section. 8.3.4.2. A metering neutral lug, which will accommodate one #12 AWG solid through two #10 AWG stranded wires for the metering neutral conductors, shall be available near the front of the CT compartment so that it can be safely accessed even if the switchgear is energized. 8.3.4.3. All instrument transformer compartments shall have barriers between all adjacent areas. All panels providing access to unmetered conductors shall have fasteners that cannot be removed from the exterior. 8.3.4.4. 277/480V switchgear shall be manufactured with factory-installed provisions for unobstructed mounting of PTs inside the same compartment as CTs. 8.3.5. Service Connection Cabinets 8.3.5.1. In addition to the General CT Cabinet Requirements service connection cabinets shall meet the requirements in this section 8.3.5.2. Single point services to multiple buildings may be metered with a pad- mounted service connection cabinet with or without customer disconnect switch. The use of a service connection cabinet with a customer disconnect switch provides the ability for the customer to de-energize their own service for equipment maintenance without calling the Utilities to schedule an outage. It also allows the metering and service disconnect to be located at a point that is mutually advantageous to both the customer and the Utilities. 8.3.5.3. All buildings shall be served from the same transformer. 8.3.5.4. The maximum metered load shall not exceed 4000 amps. 8.3.5.5. Installations of 800 amps and less shall have mounting provisions for an ABB Type CMF bar-type CT. 8.3.5.6. Installations from 1000 to 4000 amp rating shall have a minimum 12" length removable bus section and CT support angles which will accommodate an ABB Type CLC window-type CT. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.5.7. The customer shall install the pad and padmounted secondary connection cabinet. 8.3.6. CT Wiring and Communications Conduit 8.3.6.1. In all CT metering cases, the customer will furnish and install a minimum 1 inch conduit between the meter socket and the CT location for use by Fort Collins Utilities. Fort Collins Utilities will install and terminate conductors from the CT secondary to the meter socket using customer-furnished conduit. The customer will not install any conductors in this conduit. The maximum distance (total length of conduit run) will be 50 feet with no more than three 90-degree bends in a single pull section. If distance exceeds 50 feet, contact Electric Meter Shop for approval. 8.3.6.2. In all commercial CT metering cases the customer will also furnish and install a minimum ¾ inch conduit between the meter socket and the main phone room in the facility. 8.4. Mobile Home Parks – Meter Pedestals 8.4.1. This section covers mobile home park installations utilizing single position and ganged meter pedestals. Packet Pg. 337 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 13 8.4.2. All permanent meter pedestals shall be a manufactured product for electric metering purposes. For temporary electric services refer to Section 11 – Temporary Service. 8.4.3. All manufactured meter pedestals shall be NEMA Type 3R rainproof construction and UL listed. 8.4.4. Meter pedestals shall meet all requirements listed in Section 8.2 – Self Contained Meter Sockets, excluding requirements listed in Section 8.2.9 – Commercial Meter Sockets. 8.4.5. Meter pedestals shall have three separate isolated sections for metering equipment, utility terminations, and customer equipment. 8.4.6. Meter sockets shall be rated for a minimum of 100 amps. 8.4.7. The mounting height from the bottom of the meter to ultimate final grade should be 36 inches. 8.4.8. Each meter position shall be plainly and permanently marked to indicate which unit it supplies. The marking is to be the same as the mailing address for each unit. The owner or developer will be responsible for electricity delivered through unmarked or incorrectly labeled meter sockets. 8.4.9. Expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner, whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.4.10. All wiring from the customer side of the meter is to be installed, owned and maintained by the owner. The point of delivery shall be the source side terminals of the meter socket. 8.4.11. The Utilities will install, own, operate and maintain circuits and equipment up to the point of delivery. 8.4.12. The Utilities shall have Utilities -sealed access to the meter socket. 8.4.13. The customer shall own, maintain and operate all breakers, receptacles and other devices on the customer side of the point of delivery. 8.5. Commercial Meter Pedestals 8.5.1. This section covers meter pedestals in commercial applications that shall be rated for a minimum of 100 amps but no more than 320 amps. 8.5.2. All commercial meter pedestals shall adhere to requirements in Section 8.4 with additional requirements as follows: 8.5.2.1. Pedestal shall have a lever bypass. 8.5.2.2. Pedestal material shall be constructed of stainless steel. 8.5.3. Any exception to the meter pedestal requirements outlined above will require the approval of Fort Collins Utilities Electric Meter Shop prior to installation. 8.6. Cold Sequence Metering 8.6.1. This section covers the requirements for installations with line-side disconnects (i.e. cold sequence metering). 8.6.2. The cold sequence disconnect shall be furnished, owned, and maintained by the customer. 8.6.3. Cold sequence disconnects shall be installed on the same wall directly ahead of and within 24 inches of the electric meter. 8.6.4. Cold sequence disconnects shall contain provisions for a Utility wire seal for the cover and a Utility padlock in the operating handle “Off” position. Wire seals are used to secure the enclosure from unauthorized entry and to allow the customer emergency access only. The padlock will only be used to lock disconnects in the off position for services that are shut off. 8.6.5. Cold sequence disconnects shall not be used as the service disconnecting means and shall not be operated by the customer except for emergency conditions. Packet Pg. 338 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 14 8.6.6. As stated in NEC Article 230.82, the cold sequence disconnect shall be capable of interrupting the load served. The ampere rating of the cold sequence disconnect shall not exceed the amp rating of the meter socket. 8.6.7. Acceptable cold sequence disconnects include a fusible load-make/load-break safety or pullout switch with fault current-limiting fuses ahead of each individual meter. Current-limiting fuses shall be selected to limit faults to 10,000 symmetrical RMS amps at the meter. A fault-current-limiting breaker may be utilized provided that a fault current analysis report performed and signed by a registered professional engineer is submitted and approved by Fort Collins Utilities Electric Meter Shop. Fault current calculations in report shall be based on worst case utility electric system and transformer impedance. 9. Construction Coordination Sequence 9.1. General 9.1.1. Construction coordination and scheduling is the responsibility of the developer and owner/builder. To ensure maximum economy in construction, the sequence of installation of utilities, streets, driveways, sidewalks, etc., must be coordinated with the Utilities. 9.1.2. Increased construction costs incurred by the Utilities due to the lack of economic scheduling or construction coordination will be charged to the developer or owner/builder. 9.1.3. In general, underground utilities should be installed from deepest to shallowest, i.e. the deepest utility should be installed first, the second deepest second, etc. 9.1.4. The underground utility installation sequence diagram included herein illustrates the typical construction plan and profile, along with typical developer and owner/builder sequence steps. This diagram is provided as a guide to assist the developer and the owner/builder. Actual construction sequences must be coordinated with the Utilities on a project by project basis. 9.1.5. Changes or additions to the electric system due to development deviations will be made at the expense of the developer or owner. A development deviation is any variation from the prescribed sequence of development that increases the cost of construction for the Utilities. 9.2. Prerequisite to Construction 9.2.1. The developer shall grant easements for the installation of the Utilities’ facilities. 9.2.2. All lot corners pertaining to the underground system must be staked and all final grading on the service lines and easements completed before work will be started. Curb (except for radius sections), gutter and final grade, adjacent to and 15 feet from the property side of the curb, must be completed prior to the installation of the electric facilities. 9.2.3. Concrete curb and sidewalks must be cured a minimum of 7 days to prevent damage thereto. 9.3. Street Crossing Option 9.3.1. Upon the approval of the Utilities, a developer may install conduits at street crossings. This option expedites the development process when street paving is scheduled before the underground electrical system can be installed. 9.3.2. The Utilities will specify the locations of such crossings and provide all materials to the developer. Packet Pg. 339 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 15 9.3.3. All crossings must be inspected and approved by the Utilities. A credit will be issued to the developer in the amount of the net savings realized by the Utilities due to the developer's installation of the conduits. 9.3.4. The developer/owner/agent is responsible for the cost and repair or replacement of damaged or unusable conduit in street crossings provided for installation of electric and joint use facilities. 9.4. Trenching Option 9.4.1. At the discretion of the Utilities, the developer or owner may be required to furnish all necessary trenches, excavations and backfills to meet the requirements established by the Utilities for the underground electric system. A credit will be given based on trenching costs to the Utilities in average soils. 9.4.2. All trenches dug by the developer or owner will be inspected and approved by the Utilities prior to the installation of conduits and conductors. The Utilities will, in these cases, approve the backfill material and installation. If the excavated material contains rock, the developer will be required to supply proper backfilling material. 9.4.3. It is the developer or owner's responsibility to coordinate all work, including the inspection of trenches and backfill. The Utilities reserves the right to test compaction or depth at the cost of the developer or owner. 9.5. Joint Use Construction 9.5.1. In cases where the electric trench is to be used for the installation of communications or other utility facilities, plans shall be made with the Utilities for inclusion in the final electrical design prior to the developer's request for scheduling and a minimum of two weeks prior to the date that electric construction is to begin. 9.5.2. The initial planning, coordination and implementation of a joint use agreement with the Utilities shall be the responsibility of the developer, owner and or third party utility desiring joint use trench. 9.5.3. The Utilities will not offer joint use to those who have not completed the coordination of their planning with the joint use parties. 9.5.4. Joint use costs will be charged to the owner/developer or third party utility to recover engineering service, construction, installation of facilities, maintenance and administrative costs. 10. Relocation of Facilities from Vacated Easement In the case where an easement has been granted and electric distribution facilities have been installed, the parties seeking to have such easement changed shall pay the Utilities the actual cost for relocation of the Utilities’ electric distribution facilities and shall provide the necessary alternative rights-of-way. 11. Temporary Service 11.1. Any temporary electric service lines required by the developer for construction purposes before the underground system is completed shall be at the expense of the developer and consistent with the provisions in the City of Fort Collins Electric Service Rules and Regulations. 11.2. At the option of the Utilities, the developer will be billed for the actual or estimated cost of construction, plus estimated retirement costs. There will be no charge for recoverable materials. 11.3. For residential construction only, a 50-amp temporary power pedestal will be provided to the developer consistent with the requirements in drawing ECPPP – 2. Packet Pg. 340 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 16 12. Working Adjacent To Overhead Lines 12.1. Any person, customer, business, or other party working within ten (10) feet of overhead power lines carrying more than 600 volts shall provide 72 hours notice to the Utilities of such work. 12.2. The Utilities shall coordinate the efforts to cover up or in some manner to make such lines safe for the work or activity. 12.3. The customer, person, business or party shall pay all costs associated with making such lines safe. 12.4. Failure to notify the Utilities 72 hours in advance of any activity within 10 feet of overhead lines, shall relieve the Utilities of all responsibility or liability for accidents, injuries or damages arising through or from such activities. 13. Locate Policy Please refer to the Electric Services Rules and Regulations, as adopted and approved by the City Council. 14. Contractor Access to Energized Transformer Compartments 14.1. The Utilities will provide access to energized transformer compartments at the request of a licensed electrical contractor or electrician. No such access will be allowed until the Utilities and contractor/electrician have executed an agreement specifying the responsibilities of each party. 14.2. The contractor/electrician must take every reasonable measure to ensure that public health, safety and welfare is protected while access to the transformer has been granted. 15. Other Rules and Regulations Where other published rules of the Utilities do not conflict with the above, they are applicable. These policies are intended to supplement and not alter the Electric Service Rules and Regulations. If a conflict does occur, the Electric Service Rules and Regulations apply. 16. Design Drawings 16.1. Design drawings identified in Sections 16.1.1 – 16.1.9 are attached as appendices to this document and marked with the identified title. Each section describes the requirements included in the drawing. These design drawings are intended to either visually enhance requirements already discussed or to establish requirements that are referenced in earlier sections of the Electric Construction Policies, Practices, and Procedures. 16.1.1. ECPPP-1 shows requirements for an underground service meter installation. 16.1.2. ECPPP-2 shows requirements for temporary electric service installations. 16.1.3. ECPPP-3 shows clearance requirements for padmounted transformers from buildings, windows, doors, etc. 16.1.4. ECPPP-5 shows clearance requirements for padmounted transformers from combustible walls, fire-resistant barriers, etc. 16.1.5. ECPPP-6 shows clearance requirements for padmounted transformers from fire escape doors, decorative combustible enclosures, etc. 16.1.6. ECPPP-7 shows clearance requirements for oil filled equipment from aesthetic screening enclosures. 16.1.7. ECPPP-8.1 and ECPPP-8.2 show access and work clearance requirements for vaults and padmounted equipment. 16.1.8. ECPPP-9 shows the underground utility installation sequence with attached sidewalk. Packet Pg. 341 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 17 16.1.9. ECPPP-10 shows the underground utility installation sequence with detached sidewalk. 16.2. Modifications: Whenever there are practical difficulties involved in carrying out the requirements described in the design drawings referenced at Section 16 of the Electric Construction Policies, Practices and Procedures, a Utilities official shall have the authority to grant modifications for individual cases, upon application of the developer, provided such Utilities official finds that the proposed design plan is in compliance with the intent and purpose of the Electric Construction Policies, Practices and Procedures and that such modification does not lessen health, accessibility, life and fire safety, or reliability. The details of action granting or denying modification requests shall be recorded and entered in the Utilities department files. 16.3. Appeals: The Utilities Executive Director is authorized to hear and decide appeals of decisions made by the Utilities official relative to the application and interpretation of the requirements contained in the design drawings referenced at Section 16 of the Electric Construction Policies, Practices and Procedures. When a developer desires relief from a decision of the Utilities official, such developer must first apply for a modification under Section 16.2 above, and receive a notice of decision on that request from the Utilities official. If after receiving a modification decision a developer desires to seek further relief, such developer may appeal the subject modification decision to the Utilities Executive Director stating that such decision was based on erroneous interpretation of the requirements contained in the design drawings referenced at Section 16 of the Electric Construction Policies, Practices and Procedures. Such appeal must be filed in writing with the Utilities Executive Director within ten days of the developer’s receipt of notice that the Utilities official has denied the developer’s modification request. The Utilities Executive Director is authorized to rule in favor of the developer when the Utilities Executive Director determines that the interpretation of the applicable requirements was erroneous or when the Utilities Executive Director determines an alternative design or plan is equivalent to the requirements prescribed by the applicable design standard considering effectiveness, fire resistance, durability, safety, health and reliability. Packet Pg. 342 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 18 Glossary Building Site Charges - Charges for installing electric service lines from the street to the residential meter or commercial transformer. Off site facilities (kVa load) charge, primary service charge, and secondary service charge are collectively referred to as "building site charges." Cold Sequence Disconnect – A disconnect installed on the line side of the metering equipment capable of interrupting the load served. Commercial service construction – Any service used primarily for the operation of a business or, regardless of use or purpose, requiring over 200 amps or three phase is a commercial or industrial service. Development Charges - Charges for providing primary electric service to the lot corner of the site, including the cost of streetlight construction. Off site facilities, primary charge and streetlight charge are collectively referred to as "development charges." Excavation - Any operation in which earth is moved or removed by means of any tools, equipment or explosives and includes, but is not limited to, auguring, backfilling, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling. Off Site Facilities - Delivers electric power from main substations to subdivisions and load areas. Off Site Facilities Charge - Cost to bring primary electric power from main substations to subdivisions and load areas. Point of Delivery - That point beyond which the customer is responsible for installation, maintenance and field locating of electrical equipment. Except as otherwise specified in these Electric Construction Policies, Practices and Procedures, the point of delivery for residential construction applications is the source side of the electric meter socket termination lugs. For commercial and industrial service applications, the point of delivery is the secondary lugs or spades of the distribution transformer, or, if existing, it is the nearest junction box/vault installed by Utilities serving the load at issue. For primary metered customers, the point of delivery is the source-side terminations in customer-owned switchgear or as otherwise designated by Utilities. Primary Charge - Cost to bring primary electric power at primary voltage from the subdivision boundary to the internal loads in the subdivision. Primary Electric Service - All cable, enclosures, switches and associated apparatus necessary to provide primary service to the transformers or primary bus from the primary feeder. Primary Feeder - Delivers electric power at primary voltage to the subdivision or individual load from the off site facilities. Primary Service Charge - Cost to bring primary voltage electric cable to pad mounted transformers or building vaults on customer's premises. Redevelopment - New construction on a site on which development charges have not previously been paid, or as determined by the Utilities. Residential service construction- Any single phase service for the exclusive use of the individual customer for domestic purposes. Any service application requiring over 200 amps, or three phase, regardless of purpose, is a commercial or industrial service. Secondary Electric Service - Electric distribution service cables of 600 volts and below from the transformer to the customer's metering point. Secondary Service Charge - Cost to bring electric distribution service cables of 600 volts and below from the transformer to the customer's metering point. Streetlight Charge - The charge for the installation of new streetlights. Streetlights are installed in accordance with the City of Fort Collins' Design Criteria and Standards for Streets. UL - Underwriters' Laboratories, Inc. Utilities - The City of Fort Collins Utilities (the Utilities). Packet Pg. 343 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 20 Packet Pg. 344 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 21 Packet Pg. 345 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 22 Packet Pg. 346 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 23 Packet Pg. 347 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 24 Packet Pg. 348 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 25 Packet Pg. 349 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 26 Packet Pg. 350 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 27 Packet Pg. 351 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 28 Packet Pg. 352 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) 29 Packet Pg. 353 Attachment15.2: Ordinance No. 027, 2014 (SR 027 Electric Construction Policies) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Second Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the Application of Wastewater Rates to Certain Residential Services. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on February 18, 2014 by a vote of 6-0 (Campana recused), revises the City Code concerning the classification of wastewater users and revises rates for wastewater service charges during the period of construction. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 18, 2014 (PDF) 2. Ordinance No. 028, 2014 (PDF) Packet Pg. 354 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 18, 2014 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 028, 2014, Amending Chapter 26 of the City Code to Clarify the Application of Wastewater Rates to Certain Residential Services. EXECUTIVE SUMMARY The purpose of this item is to revise the City Code concerning the classification of wastewater users and to revise rates for wastewater service charges during the period of construction. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Code currently states that wastewater service charges are not applicable during the initial construction period. This provision dates from an earlier practice when water meters were not set until just before the Certificate of Occupancy (CO) was issued and all water service during the construction period was billed as a fixed amount on the building permit, regardless of the length of construction. Ordinance No. 138, 2011 eliminated unmetered construction water rates for all services greater than 1-inch and initiated a monthly water charge for ¾-inch and 1-inch water services. Construction sites requiring the larger meters do not receive water service until the meter is set, at which time it is also appropriate to start billing for wastewater service. However, many of the larger services are needed for multifamily construction and the characteristics of the wastewater during the construction period are more like commercial than multifamily until the CO is issued. The multi-family wastewater rate, which includes a fixed charge for each dwelling unit, would not appropriate during construction. The Ordinance is intended to resolve these inconsistencies. The proposed Code changes are as follows:  Delete the Code provision that states wastewater service charges are not applicable during construction.  Insert a provision that monthly wastewater service rates will commence when the water meter is installed.  Clarify that wastewater services billed on the flat wastewater rate for single family and duplex customers with a well or cistern in lieu of metered water service will commence when the certificate of occupancy is issued.  State that Wastewater user Category D: Minor Residential User applies to multifamily buildings during the construction period prior to the issuance of the certificate of occupancy. ATTACHMENT 1 Packet Pg. 355 Attachment16.1: First Reading Agenda Item Summary, February 18, 2014 (SR 028 Wastewater Construction Rates) Agenda Item 8 Item # 8 Page 2 FINANCIAL / ECONOMIC IMPACT Wastewater charges will be charged earlier in during the construction process to more accurately reflect the level of service provided. The proposed changes do not significantly impact Wastewater revenues. ENVIRONMENTAL IMPACTS This change should not have environmental impacts. BOARD / COMMISSION RECOMMENDATION Staff discussed this issue with the Water Board Chair. It was agreed that this is an operational issue that does not rise to the Policy level for the Water Board to review. PUBLIC OUTREACH All charges are explained to the owners and contractors when permits are issued. Packet Pg. 356 Attachment16.1: First Reading Agenda Item Summary, February 18, 2014 (SR 028 Wastewater Construction Rates) - 1 - ORDINANCE NO. 028, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE APPLICATION OF WASTEWATER RATES TO CERTAIN RESIDENTIAL SERVICES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the wastewater utility, as set forth therein; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, City Code Section 26-277 further requires that the user rates be revised as necessary to assure equity of the rate system established and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater system; and WHEREAS, the City Code does not currently specify the wastewater rates applicable to multi-family residential units during the time they are under construction; and WHEREAS, the City Manager has recommended that the City Council amend Chapter 26 of the City Code to specify that the rates applicable to minor nonresidential users apply to multi-family units until a certificate of occupancy has been issued for the units; and WHEREAS, the City Council has determined that it desires to enact the recommended rate as specified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-278(4) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-278. Classification of users. . . . (4) Category D: Minor nonresidential user. A minor nonresidential user is a user who discharges only wastes of a type and strength normally discharged by private residences. Category D shall also apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. All nonresidential users not subject to the provisions of Categories C, E and F shall be classed as minor nonresidential users in Category D. Packet Pg. 357 Attachment16.2: Ordinance No. 028, 2014 (SR 028 Wastewater Construction Rates) - 2 - . . . Section 2. That Section 26-279(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-279. Service charges; categories. . . . (b) For wastewater services with metered water service, monthly service charges shall commence at the time the water meter is installed and continue until the water service is disconnected. For single family and duplex flat wastewater services, monthly service charges shall commence at the time the certificate of occupancy is issued for the building or structure and continue until the sewer service is disconnected from the City’s system. . . . Section 3. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user (flat rate) $33.74 per month Single-family residential user (metered water use) $15.07 per month plus $2.929 per 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater. For single- family customers who have not established a winter quarter water use at the service address, a system average of 4,800 gallons per month shall be billed. B Duplex (two- family) residential users (flat rate) $52.68 per month Duplex (two- family) residential users (metered water use) $19.52 per month plus $2.929 per 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater. For duplex customers who have not established a winter quarter water use at the service address, a system average 7,200 gallons shall be billed. C Multi-family residential user $2.929 per 1,000 gallons of winter quarter water use, plus a base charge of $2.30 per Packet Pg. 358 Attachment16.2: Ordinance No. 028, 2014 (SR 028 Wastewater Construction Rates) - 3 - (more than two dwelling units including mobile home parks) and winter quarter based nonresidential user month per dwelling unit served. For multi- family customers who have not established a winter quarter water use at the service address, a system average of 3,400 gallons per living unit shall be billed. However, Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. D Minor nonresidential user $2.929 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge: Size of water meter (inches) Base charge ¾ or smaller $ 8.46 1 19.52 1½ 39.28 2 67.21 3 107.38 4 169.59 6 743.42 8 858.38 E and F Intermediate nonresidential user and Significant industrial user $2.929 per 1,000 gallons of water use, measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $3.029 per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; plus a surcharge of $2.523 per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter or a surcharge of $1.593 per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter, or a surcharge of $4.716 per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, whichever is applicable. The user shall pay this calculated amount plus the applicable base charge set forth below: Size of water meter (inches) Base charge ¾ or smaller $ 8.46 Packet Pg. 359 - 4 - 1 19.52 1½ 39.28 2 67.21 3 107.38 4 169.59 6 743.42 8 858.38 G User outside City limits The rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 4. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all wastewater service provided after the effective date of this Ordinance. Introduced and considered favorably on first reading, and ordered published this 18th day of February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014. ______________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2014. ______________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 360 Attachment16.2: Ordinance No. 028, 2014 (SR 028 Wastewater Construction Rates) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT Items Relating to Recreational Marijuana. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 038, 2014, Establishing Regulations for the Consumption and Possession of Marijuana Within the City of Fort Collins and Prohibiting the Transfer or Display of Marijuana on City- Owned Property. B. First Reading of Ordinance No. 039, 2014, Establishing Regulations for the Cultivation of Marijuana. C. Possible Action Items Related to the Licensing of Retail Marijuana Establishments: OPTION A: First Reading of Ordinance No. 040, 2014, Extending the Temporary Ban on Marijuana Establishments within the City of Fort Collins. OR OPTION B: First Reading of Ordinance No. 041, 2014, Adding a New Article XVII to Chapter 15 of the City Code to Govern the Licensing, Number, Location and Operation of Retail Marijuana Establishments. AND First Reading of Ordinance No. 042, 2014, Making Amendments to the City of Fort Collins Land Use Code in Order to Accommodate Retail Marijuana Establishments in the City. The purpose of this item is to regulate the personal use and growing of marijuana as allowed under Amendment 64 and to either extend the ban on retail marijuana establishments or to adopt regulations for such businesses. At the February 11, 2014 Work Session, Council requested the following options be brought forward:  Proceed with the local ordinances addressing the personal use and growing of recreational marijuana.  Extend the temporary ban for 2 years; or  Enact regulations governing retail marijuana establishments with options to either allow or prohibit edibles with the exception of tinctures and oils. A temporary ban on retail marijuana establishments went into effect in September 2013 and is scheduled to expire on March 31, 2014. If the ordinance extending the temporary ban is adopted on Second Reading, the ban will be extended until March 31, 2016. If the ordinance allowing retail establishments is adopted on Second Reading, it would take effect prior to the expiration of the existing temporary ban. Packet Pg. 361 Agenda Item 17 Item # 17 Page 2 STAFF RECOMMENDATION Staff recommends the adoption of Ordinance Nos. 038, 2014 and 039, 2014 addressing the personal use, consumption and growing of recreational marijuana. Based on the potential impacts on youth health and well-being, the cash nature of such businesses, and the impact that such businesses may have on the City’s reputation, staff is recommending the extension of the temporary ban for 2 years. BACKGROUND / DISCUSSION Amendment 64 With voter approval of Amendment 64 in November 2012, communities throughout Colorado have been adopting local regulations to either ban or allow retail marijuana establishments. Fort Collins is in a unique position because Initiative 301 which reinstated medical marijuana businesses, was approved at the same time. Since November 2012, staff has been working diligently to re-license previous medical marijuana centers and to provide Council with local options to address retail marijuana in our community. Amendment 64 allows the following:  Adults 21 years-of-age or older may legally possess, use, display, purchase, or transport one ounce or less of marijuana without a doctor’s recommendation.  Adults 21 years-of-age or older may possess, grow, process, or transport up to six marijuana plants, provided, however, that the cultivation of marijuana occurs in a locked and enclosed space.  Local governments may opt out of allowing retail marijuana establishments or they may opt in and enact local regulations. Currently the City has:  11 licensed medical marijuana centers with 2 applications pending approval  11 licensed cultivation centers with 3 applications pending approval  2 licensed Manufacturing Infused Product facilities. Proposed Ordinances Ordinance No. 038, 2014 addresses personal consumption and possession and prohibitions on the display and transfer of marijuana. Amendment 64 allows adults 21 and over to possess up to one ounce of marijuana. It prohibits “open and public” use of marijuana. This ordinance provides local language to better define open and public consumption, to help with enforcement, and to allow violations to be written into our local municipal court. Amendment 64 (the constitutional provision governing recreational marijuana) prohibits the open and public consumption of recreational marijuana, whereas Amendment 20 (the constitutional provision governing medical marijuana) prohibits the consumption of medical marijuana that is in plain view of, or in a place open to the general public. In order to make these provisions consistent, the proposed ordinance governing recreational marijuana defines “openly” as “perceptible from a place that is open to the general public” and “publicly” as “occurring on any publicly owned property, or any non-residential property that is open to the general public,” and the proposed ordinance governing medical marijuana reflects the Amendment 20 language “in plain view of or in a place open to the public.” Adults 21 years-of-age and older are allowed to possess up to one ounce of recreational marijuana and medical marijuana patients are allowed to possess up to two ounces of medical marijuana. The ordinance also prohibits displaying or transferring marijuana on City owned property which includes parks, Packet Pg. 362 Agenda Item 17 Item # 17 Page 3 trails, natural areas, streets and sidewalks. Ordinance No. 039, 2014 addresses the residential growing of recreational marijuana for personal use. Amendment 64 allows adults to grow six plants “provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.” However, the state law does not define these terms. The proposed ordinance defines what constitutes an “enclosed, locked space” and “open and publicly.” Fort Collins currently allows medical marijuana patients and caregivers to grow up to 12 plants in single-family detached residences. Growing is prohibited in multi-family residences for health and safety reasons. Highlights of this ordinance include:  No cultivation in two-family, multifamily, or single-family attached dwellings.  Cultivation may not occur in the open or be perceptible from the outside of a property.  The use of compressed, flammable gases would be prohibited, as would all high-intensity lighting.  The 12 plant limit for medical marijuana would remain in place, and would apply to recreational marijuana regardless of the number of inhabitants. With regard to the licensing of retail marijuana establishments, the choices available to the Council are to: - Do nothing, in which case the effect of that “default” to the state would have to be further analyzed; - Refer to the voters the question of whether to allow such establishments in the City; - Extend the temporary ban for the purpose of further study; - Adopt regulations under which the establishments would be licensed and regulated. Staff is providing Council with ordinances that would either extend the ban for two more years or amend the City Code to allow for licensing and regulation. Option A: Ordinance No. 040, 2014, extends the existing temporary ban for two years. Based on Council discussion, a two-year extension would provide a reasonable amount of time to observe impacts in those communities licensing and regulating retail marijuana establishments. Based on those impacts and any additional studies that may occur in the two-year timeframe, Council could then make a more informed decision regarding retail marijuana businesses. Council could also opt to extend the ban long enough to put an item on the November ballot related to the allowance of retail marijuana stores. Option B: Ordinance No. 041, 2014, allows and regulates retail marijuana establishments. Specifically, the proposed ordinance allows all existing licensed medical marijuana centers in good standing to apply for and receive a retail marijuana store license at its same location on the condition it maintains both the retail and medical license. Should an existing medical marijuana center in good standing wish to relocate and seek a retail marijuana store license, the ordinance requires the location to meet the following: 1000 feet from:  CSU  Schools  Public Playgrounds  Medical or Retail marijuana stores 500 feet from:  Child care centers Packet Pg. 363 Agenda Item 17 Item # 17 Page 4  Places of worship  Public parks, pools, recreation facilities  Halfway houses or rehab centers  Residential Zoning The proposed ordinance also contains an option for either allowing or banning the sale of edible products in retail marijuana establishments and an option for requiring a licensed retail marijuana store that is also operating a medical marijuana center to limit sales to those 21 and over. Edible marijuana products are allowed in medical marijuana centers. The City cannot change the availability of these products to medical marijuana patients. Larimer County has banned the sale of retail edible products. Both retail stores in the County will be maintaining their medical marijuana business licenses. The state addresses the protection of persons under age 21 from retail edible products in the rules and regulations as follows:  Packaging may not be designed to appeal to children. A retail marijuana establishment shall place no stickers or labeling on a container holding retail marijuana, retail marijuana concentrates, or retail marijuana product in a manner that specifically targets individuals under the age of 21, including but not limited to, cartoon characters or similar images.  A retail marijuana establishment must ensure that each retail marijuana product is placed within a container prior to sale to a consumer. If the container is not child-resistant, the retail marijuana store must place the container within an “exit package” that is child-resistant. An exit package is “a sealed container or package provided at the retail point of sale, in which any retail marijuana or retail marijuana product already within a container are placed.”  Required warning statements include “This product is intended for use by adults 21 years and older. Keep out of the reach of children.” Should Council opt to allow the sale of retail edibles, the above would apply, as would our local labeling requirement which states that all retail marijuana stores shall affix labels to all containers on the licensed premises that hold retail marijuana or retail marijuana products and shall clearly display potency profiles and contaminant results from licensed retail marijuana testing facilities. This is more restrictive then the state law in that we are requiring all retail marijuana and retail marijuana products to be tested. The state is also imposing the following advertising restrictions to protect persons under the age of 21:  Television / Radio / Print / Internet / Event Sponsorship restrictions include not utilizing these types of advertising unless there is reliable evidence that no more than 30 percent of the audience is reasonably expected to be under the age of 21.  Retail marijuana establishments shall not include in any form of advertising or signage any content that specifically targets individuals under the age of 21, including but not limited to cartoon characters or similar images.  Retail marijuana establishments shall not engage in advertising via marketing directed towards location- based devices, including, but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature. If Council chooses to allow retails marijuana establishments, then the following ordinance making changes to the Land Use Code would also need to be adopted. Ordinance No. 042, 2014 makes amendments to the Land Use Code to define and regulate retail marijuana Packet Pg. 364 Agenda Item 17 Item # 17 Page 5 establishments. The amendments identify the appropriate zones for retail marijuana establishments (which are proposed to be the same zones where the equivalent medical marijuana uses are currently permitted), add definitions, and prohibit such businesses from the “addition of permitted use” process. FINANCIAL / ECONOMIC IMPACT The allowance of retail marijuana establishments would bring additional sales tax as well as a percentage of state share back money to the City. These amounts are difficult to determine at this point. The City would also see an increase in cost for enforcement and implementation of a retail marijuana system. BOARD AND COMMISSION RECOMMENDATION The Planning and Zoning Board approved a recommendation to make the following Land Use Code amendments:  Adding definitions for Retail Marijuana Store, Retail Marijuana Cultivation Facility, and Retail marijuana Product Manufacturing Facility.  Adding the above uses to the same zones in which like medical marijuana uses are allowed.  Prohibiting retail marijuana facilities from the “Addition of Permitted Use” process. PUBLIC OUTREACH Outreach was conducted at a Community Forum held in October 2013. Feedback was also solicited and received on line through IdeaLab. ATTACHMENTS 1. Powerpoint presentation (PPTX) Packet Pg. 365 1 Ginny Sawyer, Project and Policy Manager Marijuana Staff Team Proposed Ordinances Addressing Retail and Recreational Marijuana City Council Meeting March 4, 2014 Packet Pg. 366 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 2 Proposed Ordinances Personal Use and Consumption: § Regulations for the Cultivation of Marijuana § Regulations for Consumption and Possession and Prohibitions on Transfer and Display Packet Pg. 367 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 3 Proposed Ordinances Retail Businesses: Option A: Extend Moratorium Option B: Allow Retail Marijuana Businesses - include the sale of edible products - ban the sale of edible products - require retail businesses to co-locate with the medical business If Option B: Amendments to the Land Use Code Packet Pg. 368 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 4 Background Amendment 64 allows: • Adults 21 years-of-age or older may legally possess, use, display, purchase, or transport one ounce or less of marijuana. • Adults 21 years or older may possess, grow, process, or transport up to six marijuana plants. • Local governments can opt out of retail marijuana entirely or opt in and enact local regulations. Packet Pg. 369 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 5 Ordinance No. XX - Cultivation • No cultivation in two-family, multifamily, or single-family attached dwellings. • Cultivation could not occur in the open or be perceptible from the outside of a property. • The use of compressed, flammable gases would be prohibited, as would all high-intensity lighting. • The 12 plant limit for medical marijuana would remain in place, and would apply to recreational marijuana regardless of the number of inhabitants. Packet Pg. 370 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 6 Ordinance No. XX – Personal Use § Defines and clarifies marijuana use and possession for both recreational and medical marijuana. § Prohibits underage consumption. § Prohibits marijuana clubs. § Regulates possession amounts for both recreational and medical marijuana. Packet Pg. 371 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 7 Ordinance No. XX – Display and Transfer Prohibits displaying or transferring marijuana on City owned property which includes: § Parks § Trails § Natural areas § Streets and sidewalks Packet Pg. 372 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 8 Option A – Extend Ban Extends Existing Moratorium for Two Years. § Allow time to see what happens in other communities. § Allow time for potential studies that would provide Council additional information. Packet Pg. 373 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 9 Option B – Allow and Regulate § All existing licensed medical marijuana centers may apply for a retail license. § Requires any business obtaining a retail license to maintain their medical license in the same location. § Option to limit sales to those over 21. Packet Pg. 374 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 10 Option B – Allow and Regulate Location requirements: 1000 feet from: • CSU • Schools • Public Playgrounds • Medical or Retail marijuana stores 500 feet from: • Child care centers • Places of worship • Public parks, pools, recreation facilities • Halfway houses or rehab centers • Residential Zoning Packet Pg. 375 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 11 Option B – With or Without Edibles Banning the sales of edibles in retail stores: § Could limit availability of edibles to minors. § Larimer County bans sales. § Ban would not impact sale of medical marijuana edibles. Packet Pg. 376 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 12 Option B – With or Without Edibles Allowing Edibles: § State: Packaging may not be designed to appeal to children and requires warning labels. § City: Requires testing and labeling of all products. Packet Pg. 377 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 13 Ordinance XX – Amendments to LUC Amends the Land Use Code with regard to retail marijuana. • Adds definitions for Retail Marijuana Store, Retail marijuana Cultivation Facility, and Retail Marijuana Product Manufacturing Facility. • Adds the above uses to the same zones in which like medical marijuana uses are allowed. • Prohibits retail marijuana facilities from the “Addition of Permitted Use” process. Packet Pg. 378 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 14 Current Medical Marijuana Facilities • 11 licensed medical marijuana centers • 1 center denied (appeal underway) • 2 centers pending approval • 11 licensed cultivation centers • 1 cultivation facility denied (appeal possible) • 3 cultivation facilities pending • 2 Manufacturing Infused Product (MIP) licenses Packet Pg. 379 Attachment17.1: Powerpoint presentation (Recreational Marijuana) 15 Comment and Discussion Packet Pg. 380 Attachment17.1: Powerpoint presentation (Recreational Marijuana) - 1 - ORDINANCE NO. 038, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING REGULATIONS FOR THE CONSUMPTION AND POSSESSION OF MARIJUANA WITHIN THE CITY OF FORT COLLINS AND PROHIBITING THE TRANSFER OR DISPLAY OF MARIJUANA ON CITY-OWNED PROPERTY WHEREAS, on November 6, 2012, Colorado voters approved an amendment to Article XVIII, Section 16 of the Colorado Constitution (Amendment 64), that makes the personal use, possession, transfer and display of marijuana legal under Colorado law for adults twenty-one years of age or older; and WHEREAS, Amendment 64 also prohibits any consumption of marijuana that is conducted openly and publicly, but does not define such terms; and WHEREAS, City staff recommends that the City Code be amended to define such terms to ensure the effective and proper enforcement of the limitations set forth in Amendment 64: and WHEREAS, Amendment 64 allows the City to prohibit or otherwise regulate the transfer and display of marijuana on property that it owns; and WHEREAS, the City of Fort Collins has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this state; and WHEREAS, City staff recommends that to better ensure the health, safety and welfare of the citizens of Fort Collins, the City should prohibit the transfer or display of marijuana on any City-owned property, including office buildings, public parks, natural areas, City streets and sidewalks; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are 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 Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article XI which reads in its entirety as follows: ARTICLE XI. OFFENSES INVOLVING MARIJUANA Sec. 17-190 Definitions. Marijuana shall mean medical or recreational marijuana. Packet Pg. 381 - 2 - Marijuana club shall mean any place of private assembly used by members and their guests for the primary purpose of consuming marijuana and/or marijuana products. Medical marijuana shall mean marijuana that is grown and sold pursuant to the provisions of the Colorado Medical Marijuana Code for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution. Marijuana products shall mean concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption such as, but not limited to, edible products, ointments, and tinctures. Openly shall mean perceptible from a place that is open to the general public. Place of private assembly shall mean a non-residential property where people assemble for a common purpose, such as a social or cultural purpose including, but not limited to, a community center, auditorium, exhibition/assembly hall, club, or fraternal organization. Publicly shall mean occurring on any publicly owned property, or any non-residential property that is open to the general public, including, but not limited to, roadways, transportation facilities, offices, retail stores, restaurants, places of amusement, parks, playgrounds, and the common areas of public buildings and facilities. Recreational marijuana shall mean marijuana that is grown and sold pursuant to the provisions of the Colorado Retail Marijuana Code for a purpose authorized by Article XVIII, Section 16 of the Colorado Constitution. Sec. 17-191. Consumption and possession of marijuana. (a) Any consumption of recreational marijuana that is conducted openly and publicly is prohibited. (b) Any consumption of medical marijuana that is in plain view of, or in a place open to, the general public is prohibited. (c) No person under twenty-one (21) years of age shall consume or possess recreational marijuana. (d) No person under twenty-one (21) years of age shall consume or possess medical marijuana unless he or she is a patient or primary caregiver in possession of a valid registry identification card pursuant to Article XVIII, Section 14 of the Colorado Constitution. (e) No person shall possess more than one (1) ounce of recreational marijuana or more than two (2) ounces of medical marijuana. Packet Pg. 382 - 3 - Sec. 17-192. Marijuana clubs prohibited. Marijuana clubs are prohibited. Sec. 17-193 Transfer or display of marijuana on city-owned property prohibited. It shall be unlawful for any person to transfer or display marijuana on city-owned property, including, without limitation, office buildings, public parks, natural areas, and City streets and sidewalks. Section 2. That Section 23-193(a)(16)e. of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-193. Prohibited acts; permits. (a) It shall be unlawful to: . . . (16) Violate the following in any natural area: a. Division 5 of Chapter 4, regarding control of animals; b. Chapter 9, regarding fire prevention and protection; c. Chapter 11, regarding hazardous materials transportation; d. Section 12-37, prohibiting tampering with refuse or rubbish containers; e. Chapter 17, regarding miscellaneous offenses, including without limitation the discharge of weapons, trespass, loitering and disturbing the peace and the transfer or display of marijuana; and f. Chapter 23.5, regarding special events. . . . Section 3. That Section 23-203(a)(15)e. of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-203. Prohibited acts; permits. (a) It shall be unlawful to: . . . (15) Violate the following in any recreation area: a. Division 5 of Chapter 4, regarding control of animals; b. Chapter 9, regarding fire prevention and protection; c. Chapter 11, regarding hazardous materials transportation; d. Section 12-20, prohibiting tampering with refuse or rubbish containers; Packet Pg. 383 - 4 - e. Chapter 17, regarding miscellaneous offenses, including without limitation the discharge of weapons, trespass, loitering and disturbing the peace, and the transfer or display of marijuana; f. Chapter 23.5, regarding special events; and g. Fort Collins Traffic Code or Chapter 28, regarding vehicles and traffic. . . . Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 384 - 1 - ORDINANCE NO. 039, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING REGULATIONS FOR THE CULTIVATION OF MARIJUANA WHEREAS, on November 6, 2012, Colorado voters approved an amendment to Article XVIII, Section 16 of the Colorado Constitution (Amendment 64), that legalizes, under Colorado law, the personal use, possession and limited cultivation of recreational marijuana for adults twenty-one years of age or older; and WHEREAS, Amendment 64 requires that the cultivation of recreational marijuana for personal use take place in an enclosed, locked space, but does not define such terms; and WHEREAS, City staff recommends that the City Code be amended to define “enclosed, locked space” to ensure the effective and proper enforcement of the limitations set forth in Amendment 64; and WHEREAS, Chapter 15, Article XVII of the City Code currently regulates the cultivation of medical marijuana by patients and primary caregivers in dwellings; and WHEREAS, City staff has recommended that, in light of the passage of Amendment 64, such regulations be repealed in their entirety and be re-written into Chapter 12 of the City Code to address the cultivation and consumption of both medical and recreational marijuana; and WHEREAS, the City Council is authorized to adopt this Ordinance under Article XX of the Colorado Constitution and Amendment 64; and WHEREAS, additional authority to adopt this Ordinance is found in the Local Government Land Use Control Enabling Act, Section 29-20-101, C.R.S.; Section 31-23-101, C.R.S. (municipal zoning powers); and Section 31-15-501, C.R.S. (municipal authority to regulate businesses); and WHEREAS, the City Council has determined that these proposed amendments to the City Code are 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 Chapter 12 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article IX which reads in its entirety as follows: ARTICLE IX. CULTIVATION OF MARIJUANA Sec. 12-140. Scope and purpose. Packet Pg. 385 - 2 - These rules govern the cultivation of marijuana in the City. Sec. 12-141. Definitions. Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Enclosed space shall mean an area having a roof and all sides closed to the weather and able to be locked to prevent unauthorized entry. Locked shall mean secured so as to prevent access. Marijuana products shall mean either concentrated marijuana products or marijuana products that are comprised of marijuana and other ingredients and intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Openly shall mean perceptible from a place that is open to the general public. Publicly shall mean occurring on any publicly owned property, or on any non-residential property open to the general public, including any place to which the public or a substantial number of the public have access without restriction, including, but not limited to, roadways, transportation facilities, offices, retail stores, restaurants, places of amusement, parks, playgrounds, and the common areas of public buildings. Public right-of-way shall mean any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is leased, owned or controlled by a governmental entity. Single-family attached dwelling shall mean a single-family dwelling attached to one (1) or more dwellings or buildings, with each dwelling located on its own separate lot. Single-family dwelling shall mean a dwelling containing no more than one (1) dwelling unit. Two-family dwelling shall mean a dwelling containing two (2) dwelling units. Multi-family dwelling shall mean a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations. Sec. 12-142. Marijuana cultivation. (a) Cultivation, generally. Packet Pg. 386 - 3 - (1) No marijuana cultivation shall be conducted openly or publicly. (2) Marijuana cultivation shall comply with all applicable requirements of the laws and regulations of the City and the state. (3) Marijuana cultivation shall not occur in detached outbuildings. (4) In no event shall a person cultivating marijuana pursuant to this Article keep, cultivate or process more marijuana than such person is entitled to possess under Article XVIII, Sections 14 or 16 of the Colorado Constitution. (5) All marijuana cultivation shall take place in a locked and enclosed space. (6) All marijuana products kept on premises where marijuana plants are grown shall be stored in a locked and enclosed space. (7) No marijuana produced under this section shall be made available for sale. (b) Cultivation within dwellings. (1) No dwelling shall be used primarily as a place to cultivate marijuana. (2) In no event shall more than twelve (12) marijuana plants of any size, or six (6) mature marijuana plants, be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. (3) No marijuana plants may be cultivated within any dwelling unit in a two- family, multi-family or single-family attached dwelling. (4) Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. (6) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited. (7) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling at which the cultivation occurs. Sufficient measures Packet Pg. 387 - 4 - and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. Sec. 12-143. Violations and Penalties. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor criminal offense punishable in accordance with § 1-15 of this Code. Section 2. That Chapter 15, Article XVII is hereby repealed in its entirety. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 388 - 1 - ORDINANCE NO. 040, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS WITHIN THE CITY OF FORT COLLINS WHEREAS, on November 6, 2012, Colorado voters approved an amendment to the state constitution that added Article XVIII, Section 16 to the constitution (“Amendment 64”); and WHEREAS, Amendment 64 makes the personal use, possession, transfer and display of marijuana legal under Colorado law for adults twenty-one years of age or older; and WHEREAS, Amendment 64 also allows for the licensing of marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana stores (collectively “Marijuana Establishments”); and WHEREAS, under Article XVII, Section 16(5)(e)(g)&(h), if the state fails to issue a license within ninety (90) days of an application being filed, an applicant for a Marijuana Establishment license may submit the application directly to the City; and WHEREAS, under Article XVIII, Section 16(5)(f), the City may prohibit the operation of Marijuana Establishments within its territorial limits; and WHEREAS, on September 17, 2013, City Council adopted an ordinance establishing, until March 31, 2014, a temporary ban on Marijuana Establishments within the City; and WHEREAS, the purpose of the temporary ban was to allow City staff sufficient time to develop proposed regulations after reviewing and considering the Department of Revenue’s final rules, analyzing the outcomes of the November 2013 ballot question, and conducting public outreach to determine the desires of the adult residents in the City; and WHEREAS, City staff has conducted such outreach and drafted proposed regulations for the City Council’s consideration; and WHEREAS, certain members of the public, as well as Colorado State University, Poudre School District, and the Colorado Health District, among others, have voiced concerns about allowing retail marijuana establishments in our community; and WHEREAS, in addition, the City Manager has expressed concerns about the operation of Marijuana Establishments in the City, including the cash nature of such businesses, their impact on youth health and well-being, and the impact that such businesses may have on the City’s reputation; and WHEREAS, for the foregoing reasons, City staff believes it would be in the best interests of the City to extend the temporary ban for a period of two years in order to allow for consideration of additional studies that may enable staff and Council to better understand the potential impacts of retail marijuana establishments on our community; and Packet Pg. 389 - 2 - WHEREAS, the City Council believes that such a temporary ban is reasonably necessary to protect the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the recitals of this Ordinance are hereby adopted by the City Council as findings of fact. Section 2. That, for the foregoing reasons, there is hereby imposed, as of midnight March 31, 2014, a temporary ban on the acceptance, processing, and approval of any retail marijuana establishment application for any City of Fort Collins license pertaining to marijuana establishments. This temporary ban shall automatically terminate at midnight on March 31, 2016, unless terminated earlier by the City Council or extended by the enactment of another ordinance. Section 3. That this Ordinance shall control over any conflicting ordinance of the City, but only to the extent of the conflict. Section 4. That if any section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of and shall be severable from the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each part or parts hereof irrespective of the fact that any one part or parts may be declared unconstitutional or invalid. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 390 - 3 - Passed and adopted on final reading on the 18th day of March, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 391 - 1 - ORDINANCE NO. 041, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADDING A NEW ARTICLE XVIII TO CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS TO GOVERN THE LICENSING, NUMBER, LOCATION AND OPERATION OF RETAIL MARIJUANA ESTABLISHMENTS WHEREAS, on November 6, 2012, Colorado voters approved an amendment to the state constitution that added Article XVIII, Section 16 to the constitution (“Amendment 64”); and WHEREAS, Amendment 64 allows for the licensing of marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana stores; and WHEREAS, on May 28, 2013, the governor signed House Bill 13-1317 into law enacting Title 12-43.3-201 of the Colorado Revised Statutes (“The Colorado Retail Marijuana Code”), which regulates the cultivation, manufacture, distribution, sale and testing of retail marijuana and retail marijuana products as a matter of state-wide concern; and WHEREAS, the Colorado Retail Marijuana Code sets up a state licensing system for retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturers, and retail marijuana testing facilities; and WHEREAS, the Colorado Retail Marijuana Code states that no retail marijuana establishment licenses for previously existing medical marijuana businesses shall be effective until January 1, 2014; and WHEREAS, Amendment 64 and the Colorado Retail Marijuana Code authorize counties and municipalities in Colorado to prohibit retail marijuana establishments or to regulate the time, place, and manner in which such establishments may operate; to limit the total number of retail marijuana establishments; and to adopt regulations consistent with the intent of the state law that are more restrictive than the state’s; and WHEREAS, on September 17, 2013, the City Council adopted an ordinance establishing, until March 31, 2014, a temporary ban on marijuana establishments within the City; and WHEREAS, the purpose of the temporary ban was to allow City staff sufficient time to develop proposed regulations after reviewing and considering the Department of Revenue’s final rules, analyzing the outcomes of the November 2013 ballot questions, and conducting public outreach to determine the desires of the adult residents in the City; and WHEREAS, City staff has conducted such outreach and has extensively reviewed the Colorado Retail Marijuana Code and the rules and regulations promulgated thereunder, and recommends the following local regulations to govern the licensing, number, location and operation of retail marijuana establishments; and - 2 - WHEREAS, the City Council has reviewed these staff recommendations and has concluded that the recommended regulations are in the best interests of the City and necessary to protect the health, safety and welfare of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15, Article XVII of the Code of the City of Fort Collins is hereby amended by the addition of a new section to read as follows: ARTICLE XVII. RETAIL MARIJUANA DIVISION I. IN GENERAL Sec. 15-601. Purpose. (The purpose of this Article is to implement the provisions of Article 43.4 of Title 12, C.R.S., known as the Colorado Retail Marijuana Code. Sec. 15-602. Incorporation of state law. The provisions of the Colorado Retail Marijuana Code, and any rules and regulations promulgated thereunder, are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Article. Sec. 15-603. Definitions. (a) The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Colorado Retail Marijuana Code shall mean Title 12, Article 43.4 of the Colorado Revised Statutes and any rules or regulations promulgated thereunder. Cultivate or cultivation shall mean the process by which an individual grows a marijuana plant. Financial interest shall mean any ownership interest, including, without limitation, a membership, directorship or officership; or any creditor interest, whether or not such interest is evidenced by any written document. License shall mean a document issued by the City officially permitting an applicant to operate a retail marijuana business pursuant to this Article. - 3 - Licensed premises shall mean the premises specified in an application for a license under the provisions of this Article, the Colorado Retail Marijuana Code, and rules and regulations promulgated thereunder, that are owned or in the possession of the licensee and within which the licensee is permitted to cultivate, manufacture, distribute, sell, or test retail marijuana in accordance with this Article. Licensee shall mean the person to whom a license has been issued pursuant to this Article. Medical marijuana business or business shall mean a medical marijuana center, optional premises cultivation operation or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code. Marijuana products shall mean concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption such as, but not limited to, edible products, ointment and tinctures. Owner shall mean the person or persons who have a controlling interest in a retail marijuana establishment license, bear a risk of loss other than as an insurer, have an opportunity to gain profit from the operation or sale of the establishment, and have a controlling interest in the license issued to such establishment. Person shall mean a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof; provided, however, that person shall not include any governmental organization. Retail marijuana shall mean marijuana that is grown and sold pursuant to the Colorado Retail Marijuana Code. Retail marijuana establishment or establishment shall mean a retail marijuana cultivation facility, a retail marijuana testing facility, a retail marijuana product manufacturing facility, or a retail marijuana store as defined in the Colorado Retail Marijuana Code. Retail marijuana cultivation facility shall mean an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Retail marijuana product manufacturing facility shall mean an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana - 4 - product manufacturing facilities and to sell marijuana and marijuana products to consumers. Retail marijuana testing facility shall mean an entity licensed to analyze and certify the safety and potency of marijuana. (b) In addition to the definitions contained in Subsection (a) of this Section, other terms used in this Article shall have the meaning ascribed to them in Article XVIII, Section 16 of the Colorado Constitution or the Colorado Retail Marijuana Code, and such definitions are hereby incorporated into this Article by this reference. DIVISION 2. RETAIL MARIJUANA LICENSING AUTHORITY Sec. 15-604. Creation. There shall be and is hereby created a Retail Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority". Sec. 15-605. Composition. The Authority shall be a person appointed by the City Manager. Sec. 15-606. Functions. (a) The Authority shall have the duty and authority pursuant to the Colorado Retail Marijuana Code and this Article to grant or refuse an application and levy penalties against licensees in the manner provided by law. (b) The Authority shall consider applications for licensure, new business premises, transfer of ownership, change of location, premises modification, changes in trade name, and any other appropriate application. (c) The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Retail Marijuana Code. (d) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority. (e) The Authority shall have the power to require any applicant or licensee to furnish such information to the Authority as may be reasonably necessary in order for the Authority to perform the duties and functions authorized by this Article. (f) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any - 5 - hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by a District Court of the state. (g) Notwithstanding the provisions of Section 16 of Article XVIII of the Colorado Constitution, the Authority shall not act upon any application for local licensing of a retail marijuana establishment in circumstances where the state has failed to issue the applicant an annual license within ninety (90) days after its receipt of such application. DIVISION 3 LICENSES, FEES, REGULATIONS AND PROCEDURES Sec. 15-607. Retail marijuana store. (a) No person may operate a retail marijuana store in the City without having obtained a license under the provisions of this Article. (b) Only a licensed medical marijuana center in good standing with state and local licensing authorities may be licensed as, or may operate, a retail marijuana store in the City. (c) A retail marijuana store and medical marijuana center held by the same licensee shall be located on the same legal parcel. (d) All retail marijuana stores shall affix labels to all containers on the licensed premises that hold retail marijuana or retail marijuana products, which labels shall clearly display potency profiles and contaminant results from licensed retail marijuana testing facilities. OPTION: (e) All retail marijuana stores shall prohibit the entrance of persons under the age of twenty-one (21) to the licensed premises, including that portion of the premises that is licensed as a medical marijuana center. OPTION: (f) No retail marijuana store shall sell any edible marijuana products. Sec. 15-608. Retail marijuana cultivation facility. (a) Only a licensed retail marijuana store or retail marijuana products manufacturing facility may be licensed as, or operate, a retail marijuana cultivation facility in the City. (b) All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. - 6 - Sec. 15-609. Retail marijuana products manufacturing facility. (a) Any person who meets the requirements of this Division may be licensed as, and may operate, a retail marijuana products manufacturing facility in the City. (b) All retail marijuana products manufacturing facilities shall have their production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. OPTION: Retail marijuana products manufacturing facilities are prohibited in the City. Sec. 15-610. Retail marijuana testing facility. Any person who meets the requirements of this Division and is not an owner of a retail marijuana cultivation facility, a retail marijuana products manufacturing facility, a retail marijuana store, or a medical marijuana business may be licensed as, and may operate, a retail marijuana testing facility in the City. Sec. 15-611. Requirements of application for license; payment of application fee. (a) Any person seeking a license for any retail marijuana establishment under the provisions of the Colorado Retail Marijuana Code and this Article shall submit an application to the Authority on forms provided by the Authority. At the time of application, each applicant shall pay a nonrefundable fee to defray the costs incurred by the City for background investigations and inspection of the proposed premises, as well as any other costs associated with the processing of the application. (b) The applicant shall also provide any information that is deemed necessary by the Authority in connection with the investigation and review of the application regarding the applicant, the proposed manager of the retail marijuana establishment, and any person having a financial interest in the retail marijuana establishment that is the subject of the application or, if the applicant is an entity, having a financial interest in the entity. Sec. 15-612. Denial of application. The Authority shall deny any application that does not meet the requirements of the Colorado Retail Marijuana Code, the rules and regulations promulgated thereunder, or the provisions of this Article. Sec. 15-613. Persons prohibited as licensees. No license shall be issued to, held by, or renewed by any of the following: - 7 - (1) any person who is, at the time of application for a retail marijuana store, not currently licensed to operate a medical marijuana center and in good standing under both the Colorado Medical Marijuana Code and the City Code. (2) any person prohibited pursuant to 12-43.4-306, C.R.S; (3) any natural person who has been released within the ten (10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence resulting from a conviction of any felony or any crime which under the laws of the state would be a felony; or any crime of which fraud or intent to defraud was an element, whether in the state or elsewhere; (4) any entity whose directors, shareholders, partners or other persons having a financial interest in said entity have been convicted of any of the offenses set forth in paragraph (3) above; (5) any person whose criminal history renders them ineligible under paragraph (2) above, or who employs a person at a retail marijuana establishment who has a criminal history that renders said person ineligible; (6) any applicant who has made a false, misleading or fraudulent statement, or who has omitted pertinent information, on his or her application for a license; (7) any applicant whose license for a medical or retail marijuana establishment in this state or any other state has been revoked. Sec. 15-614. Location criteria. (a) No applicant shall be issued a retail marijuana store license if, at the time of application for such license, the proposed location is not in the same as the location of the medical marijuana center operated by the applicant, or if such location is: (1) within one thousand (1,000) feet of any private or public preschool, elementary, secondary, vocational or trade school, college or university; (2) within one thousand (1,000) feet of any public playground; (3) within five hundred (500) feet of: a. any child care center; b. any place of worship or religious assembly; c. any public park, pool or recreation facility; or d. any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center; or (4) within the boundaries of any R-U-L, U-E, R-F, R-L, L-M-N, M-M-N, N- C-L, N-C-M, N-C-B or H-M-N residential zone district; - 8 - (5) in a residential unit, except as permitted under Section 3.8.3 of the Land Use Code; (6) within 500 feet of a residential unit; or (7) within one-thousand (1,000) feet of another medical marijuana or retail marijuana store. (b) The distances described above shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the protected use is located to the nearest portion of the building or unit in which the proposed retail marijuana store would be located. (c) Subsection (a) above shall not apply to an applicant seeking a retail marijuana store license at the same location as his or her currently licensed medical marijuana center. The intent of this Subsection is to permit previously licensed medical marijuana centers to apply for and receive a retail marijuana store license for the same premises for which the medical marijuana center license has been issued, regardless of the location requirements contained in Subsection (a) above. (d) A previously licensed medical marijuana center that seeks to change locations and that applies for and receives a retail marijuana store license is subject to the location requirements in Subsection (a) above. Sec. 15-615. Operating Fee. Upon issuance of a license, and upon renewal thereafter, the licensee shall pay to the City an operating fee in an amount to be determined by the City Manager to be sufficient to cover the costs associated with processing the application, inspecting the premises before and after issuance, and otherwise administering and enforcing the provisions of this Article. Sec. 15-616. Signage and advertising. (a) All signage and advertising for a retail marijuana store shall comply with all applicable provisions of this Code, the Land Use Code and state law. In addition, no advertising for marijuana or marijuana products shall be permitted on signs mounted on vehicles, hand-held or other portable signs, handbills, leaflets or other flyers directly handed to any person in a public place, left upon a motor vehicle or posted upon any public property or private property without consent of the property owner. This prohibition shall not apply to any advertisement contained within a newspaper, magazine or other periodical of general circulation within the City, or that is purely incidental to sponsorship of a charitable event by a retail marijuana establishment. Such signage and advertising must not be misleading, false, or infringe upon any state or federal trademark. - 9 - (b) It shall be unlawful for any retail marijuana cultivation facility or any retail marijuana products manufacturing facility to post, or allow to be posted, signs or other advertising materials identifying the premises as being associated with the cultivation or use of marijuana. Sec. 15-617. Warning signs. There shall be posted in a conspicuous location in each retail marijuana store a legible sign containing warnings that: (1) the possession, use or distribution of marijuana is a violation of federal law; (2) it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by, marijuana; and (3) no one under the age of twenty one (21) years is permitted on the premises. Sec. 15-618. Report of disturbances and unlawful activity. (a) All licensees and any agent, manager or employee thereof, shall immediately report to Police Services any disorderly act, conduct or disturbance and any unlawful activity committed in or on the licensed premises, including, but not limited to, any unlawful resale of marijuana, and shall also immediately report any such activity in the immediate vicinity of the business. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises, a sign with a minimum height of fourteen (14) inches and a minimum width of eleven (11) inches with each letter to be a minimum of one-half (½) inch in height, which shall read as follows: WARNING: Fort Collins Police Services must be notified of all disorderly acts, conduct or disturbances and all unlawful activities which occur on or within the premises of this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this Section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. - 10 - (d) Failure to comply with the requirements of this Section shall be considered by the Authority in any action relating to the issuance, revocation, suspension or nonrenewal of a license. Sec. 15-619. Prohibited acts. (a) It shall be unlawful for any licensee to permit the sale or consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises. (b) It shall be unlawful for any retail marijuana establishment to permit the sale of or transport to a retail marijuana store without contaminant and potency testing. OPTION: (c) It shall be unlawful for any retail marijuana cultivation facility or marijuana products manufacturing facility to operate in the City unless the licensee who is authorized to operate such facility also operates a retail marijuana store in the City pursuant to the provisions of this Article. (d) It shall be unlawful for any licensee to permit the consumption of retail marijuana or retail marijuana products on the licensed premises. (e) It shall be unlawful for any licensee, or for any agent, manager or employee thereof, to: (1) sell, give, dispense or otherwise distribute retail marijuana or retail marijuana products from any location other than the licensed premises; (2) sell, give, dispense or otherwise distribute any retail marijuana or retail marijuana products to persons under the age of twenty one (21); (3) display signs that are inconsistent with Sections 15-617 and 15-618 of this Article; (f) It shall be unlawful for any licensee or for any agent, manager or employee to conduct the sale of retail marijuana by telephone, internet, or other means of remote purchase. (g) It shall be unlawful for retail marijuana establishments to distribute marijuana or marijuana-infused products to a consumer free of charge. (h) It shall be unlawful for any licensee to fail to designate areas of ingress and egress for limited-access areas or to post signs in conspicuous locations as required by the Colorado Retail Marijuana Code. (i) It shall be unlawful for any licensee to sell marijuana or marijuana products at a licensed retail marijuana store at any time other than between the hours of 8:00 a.m. and 7:00 p.m. daily. - 11 - Sec. 15-620. Visibility of activities; control of emissions. (a) All activities of retail marijuana establishments, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted indoors. (b) No retail marijuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. (c) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the establishment at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a retail marijuana establishment must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a retail marijuana establishment, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. Sec. 15-621. Inspection of licensed premises. During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by Police Services and all other City departments designated by the City Manager for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state and local laws or regulations. Said inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon request. Sec. 15-622. Nonrenewal, suspension or revocation of license. (a) The Authority may, after notice and hearing, pursuant to this Article, suspend, revoke or refuse to renew a license for any of the following reasons: (1) the applicant or licensee, or his or her agent, manager or employee, has violated, does not meet, or has failed to comply with, any of the terms, requirements, conditions or provisions of this Article or with any applicable state or local law or regulation; (2) the applicant or licensee, or his or her agent, manager or employee, have failed to comply with any special terms or conditions of its license pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a - 12 - result of any disciplinary proceedings held subsequent to the date of issuance of the license; or (3) the retail marijuana establishment has been abandoned or operated in a manner that adversely affects the public health, safety or welfare. (b) Evidence to support a finding under Subsection (a) of this Section may include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug-related criminal conduct within the premises of the retail marijuana establishment or in the immediate area surrounding such business, a continuing pattern of criminal conduct directly related to or arising from the operation of the retail marijuana establishment, or an ongoing nuisance condition emanating from or caused by the retail marijuana establishment. Sec. 15-623. Violations and penalties. In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including, but not limited to, any licensee, manager or employee of a retail marijuana establishment, or any customer of such business, who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1-15 of this Code. Sec. 15-624. No City liability; indemnification. (a) By accepting a license issued pursuant to this Article, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. (b) By accepting a license issued pursuant to this Article, all licensees, jointly and severally if more than one (1), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the retail marijuana establishment that is the subject of the license, unless the act or omission by the officer, elected official, or employee that causes the loss or damage is willful and wanton as provided in the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. Sec. 15-625. Other laws remain applicable. (a) To the extent the state adopts in the future any additional or stricter law or regulation governing the sale or distribution of retail marijuana, the additional or stricter regulation shall control the establishment or operation of any retail marijuana - 13 - establishment in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder. (b) Any licensee may be required to demonstrate, upon demand by the City Manager or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation. (c) If the state prohibits the sale or other distribution of marijuana through retail marijuana establishments, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee. (d) The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have under federal law for the cultivation, possession, sale, distribution or use of marijuana. Sec. 15-626. Severability. If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand, notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision. Sec. 15-627. Administrative regulations. The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article. - 14 - Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 14th day of March, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - ORDINANCE NO. 042, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE IN ORDER TO ACCOMMODATE RETAIL MARIJUANA ESTABLISHMENTS IN THE CITY WHEREAS, the City Council, by Ordinance No. 041, 2014, amended the City Code to govern the licensing, number, location and operation of retail marijuana establishments in the City; and WHEREAS, there are currently no references to retail marijuana establishments in the Land Use Code; and WHEREAS, in light of the most recently approved Ordinance No. , 2014, staff recommends amending the Land Use Code to accommodate such retail marijuana establishments; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Land Use Code be amended to include retail marijuana establishments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 1.3.4(A)(5) of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses (A) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in subsection (B) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: . . . (5) Such use is not a retail marijuana store, retail marijuana cultivation facility, retail marijuana product manufacturing facility, retail marijuana testing facility, medical marijuana dispensary or a medical marijuana cultivation facility. Packet Pg. 406 - 2 - Section 2. That Section 4.16(B)(2)C of the Land Use Code is hereby amended by adding Retail Marijuana Store to the list of permitted uses in the D zone district as follows: Land Use Old City Center Canyon Avenue Civic Center C. COMMERCIAL/RETAIL (Cont'd) . . . … … … Retail marijuana store Type 1 Type 1 Type 1 Section 3. That Section 4.17(B)(2)(c) of the Land Use Code is hereby amended by adding Retail Marijuana Store to the list of permitted uses in the R-D- R zone district as follows: (c) Commercial/Retail Uses: 14. Retail marijuana store. Section 4. That Section 4.17(B)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph (e) which reads in its entirety as follows: (e) Industrial Uses: 1. Retail marijuana cultivation facility. 2. Retail marijuana product manufacturing facility. 3. Retail marijuana testing facility. Section 5. That Section 4.18(B)(2)(c) of the Land Use Code is hereby amended by adding Retail Marijuana Store to the list of permitted uses in the C-C zone district as follows: (c) Commercial/Retail Uses: 27. Retail marijuana store. Section 6. That Section 4.19(B)(2)(c) of the Land Use Code is hereby amended by adding Retail Marijuana Store to the list of permitted uses in the C-C-N zone district as follows: (c) Commercial/Retail Uses: 26. Retail marijuana store. Section 7. That Section 4.19(B)(2)(d) of the Land Use Code is hereby amended by the addition of the following uses to the list of permitted uses in the C-C-N zone district as follows: Packet Pg. 407 - 3 - (d) Industrial Uses: 26. Retail marijuana cultivation facility. 27. Retail marijuana product manufacturing facility. 28. Retail marijuana testing facility. Section 8. That Section 4.20(B)(2)(c) of the Land Use Code is hereby amended by adding Retail Marijuana Store to the list of permitted uses in the C-C-R zone district to read as follows: (c) Commercial/Retail Uses: 19. Retail marijuana store. Section 9. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to add Retail Marijuana Store to the list of permitted uses in the C-G zone district as follows: Land Use I-25/SH 392 (CAC) General Commercial District (C-G) C. COMMERCIAL/RETAIL … … … Retail marijuana store Not permitted Type 1 Section 10. That Section 4.22(B)(2)(c) of the Land Use Code is hereby amended to add Retail Marijuana Store to the list of permitted uses in the C-S zone district as follows: (c) Commercial/Retail Uses: 43. Retail marijuana store. Section 11. That Section 4.22(B)(2)(d) of the Land Use Code is hereby amended by the addition of the following uses to the list of permitted uses in the C-S zone district as follows: (d) Industrial Uses: 6. Retail marijuana cultivation facility. 7. Retail marijuana product manufacturing facility. 8. Retail marijuana testing facility. Packet Pg. 408 - 4 - Section 12. That Section 4.24(B)(2)D of the Land Use Code is hereby amended by the addition of the following uses to the list of permitted uses in the C-L zone district as follows: D. INDUSTRIAL Riverside Area All Other Areas … … … Retail marijuana cultivation facility Not Permitted Type 1 Retail marijuana product manufacturing facility Not Permitted Type 1 Retail marijuana testing facility Not Permitted Type 1 Section 13. That Section 4.28(B)(2)(d) of the Land Use Code is hereby amended by the addition of the following uses to the list of permitted uses in the I zone district as follows: (d) Industrial Uses: 11. Retail marijuana cultivation facility. 12. Retail marijuana product manufacturing facility. 13. Retail marijuana testing facility. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Retail marijuana store” which reads in its entirety as follows: Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana cultivation facilities, and to purchase marijuana and marijuana products from marijuana product manufacturing facilities, for the purpose of selling marijuana and marijuana products to consumers. Section 15. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Retail marijuana cultivation facility” which reads in its entirety as follows: Retail marijuana cultivation facility shall mean an entity licensed to cultivate, prepare, and package marijuana, and to sell marijuana to retail marijuana stores, marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Packet Pg. 409 - 5 - Section 16. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Retail marijuana product manufacturing facility” which reads in its entirety as follows: Retail marijuana product manufacturing facility shall mean an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Section 17. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Retail marijuana testing facility” which reads in its entirety as follows: Retail marijuana testing facility shall mean an entity licensed to analyze and certify the safety and potency of marijuana. Introduced and considered favorably on first reading and ordered published this 4th day of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014. _____________________________ Mayor ATTEST: _________________________________ City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2014. _____________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 410 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY March 4, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Resolution 2014-020 Making an Appointment to the Fort Collins Housing Authority Board of Commissioners. EXECUTIVE SUMMARY The purpose of this item is to appoint a Councilmember to the Fort Collins Housing Authority to fill the remainder of Councilmember Lisa Poppaw's term expiring on May 1, 2017. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 2-247 of the City Code provides that the Housing Authority shall consist of commissioners selected by the City Council in a manner provided by the State Statute. Section 29-4-205(3)(b) C.R.S. provides that the initial terms of the appointed commissioners shall be staggered from the date of their appointments so that, to the extent possible, the terms of an equal number of commissioners end each year and, thereafter, the term of the commissioners shall be for five years. Current Council Liaison Councilmember Lisa Poppaw the has found it necessary to step down from the Fort Collins Housing Authority. Councilmember Poppaw is requesting a new Councilmember be appointed to fulfill her term which expires on May 1, 2017. Packet Pg. 411 - 1 - RESOLUTION 2014-020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AN APPOINTMENT TO THE FORT COLLINS HOUSING AUTHORITY BOARD OF COMMISSIONERS WHEREAS, Section 2-247 of the City Code provides that the Housing Authority shall consist of commissioners selected by the City Council in the manner provided by state statute; and WHEREAS, the manner of selection specified in the statutes and in Section 2-247 permits the City Council to either appoint its own members to serve ex-officio as the commissioners of the Housing Authority or, in the alternative, to appoint no more than nine commissioners, one of whom may be a City official; and WHEREAS, Section 29-4-205(3)(b) C.R.S. provides that the initial terms of the appointed commissioners shall be staggered from the date of their appointments so that, to the extent possible, the terms of an equal number of commissioners end each year and, thereafter, the term of the commissioners shall be for five years; and WHEREAS, Councilmember Lisa Poppaw was appointed by the Council on May 1, 2012, to serve a five-year term on the Housing Authority Board of Commissioners (the “Board”); and WHEREAS, Councilmember Lisa Poppaw, whose term on the Board will expire on May 1, 2017, needs to step down from her role at this time and has requested City Council appoint a new member from Council to complete her term; and WHEREAS, the City Council wishes to fill the vacancy on the Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Councilmember __________ is hereby appointed to replace Councilmember Lisa Poppaw as a member of the Board of Commissioners of the Fort Collins Housing Authority, to serve out the remainder of her term, which expires on May 1, 2017. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of March A.D. 2014. Mayor ATTEST: City Clerk Packet Pg. 412 Attachment16.2: Ordinance No. 028, 2014 (SR 028 Wastewater Construction Rates) W MULBERRY ST W PROSPECT RD Packet Pg. 294 Attachment14.2: WCAP Neighborhoods Map (SR 024 West Central Neighborhoods Plan Transp. Appropriation) Lory State Park CSU Foothills Campus GMA Expansion Area La Porte Wellington Bellvue Fort Collins - Loveland Separator Fort Collins - Wellington Separator CSU Stadium Carpenter CSU FRCC City Structure Plan 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) 00.511.52 Miles © CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Adopted: February 18, 1997 Amended: March 4, 2014 EXHIBIT A r S ar a t o ga C i r Intrepid Dr Dewey Dr Snowd on Dr O gde n C t Johns Ln Hillview Ct La Eda L n Hutch inson Dr Midway Dr Nimitz Dr Paradise L n Apple Dr Hancock Dr Sedgwi ck D r T h omps o n Dr Scenic Dr Hill d ale Ct C larendon Hill s Dr Holy o ke Ct Forrestal Dr Fort Morgan Dr Plateau Ct R eeves Dr S Shields St W Trilby Rd S Shields St S County Road 19 S Taft Hill Rd Wild Flower Springs Seven Ranch RRiedggisetry Clarendon Hills Fossil Creek Estates Scenic Knolls Midway Fossil Crest Mountain Valley Acres Applewood Estates Printed: January 29, 2014 SW Annexation Phase 4 Inside Sign District Parcels Southwest Enclave Attachment Annexation 5 - Phase Four Residential Neighborhood Sign District 0 0.125 0.25 0.5 Miles Scale 1:15,840 © Packet Pg. 269 Attachment11.5: Proposed Residential Sign District (Southwest - Phase 4 zoning) Ct Hob s on Ct Wild Flower Rd F o x Hills D r S ar a t o ga C i r Intrepid Dr Dewey Dr Snowdon Dr O gde n C t Johns Ln Hillview Ct La Eda L n Hutchinson Dr Midway Dr Nimitz Dr Paradise L n Apple Dr Hancock Dr Sedgwick D r T h omps o n Dr Scenic Dr Hill d ale Ct C larendon Hill s Dr Holy o ke Ct Forrestal Dr Fort Morgan Dr Plateau Ct R eeves Dr S Shields St W Trilby Rd S Shields St S County Road 19 S Taft Hill Rd !C !A !B !D !E POL UE UE POL RUL Printed: January 29, 2014 SW Annexation Phase 4 Parcels Public Open Lands (POL) Rural Lands District (RUL) Urban Estate (UE) Attachment 4 Southwest Enclave Annexation - Phase Four Proposed Zoning 00.0.125 250.5 Miles Scale 1:15,840 © Packet Pg. 268 Attachment11.4: Proposed Zoning (Southwest - Phase 4 zoning) dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. r S ar a t o ga C i r Intrepid Dr Dewey Dr Snowd on Dr O gde n C t Johns Ln Hillview Ct La Eda L n Hutch inson Dr Midway Dr Nimitz Dr Paradise L n Apple Dr Hancock Dr Sedgwi ck D r T h omps o n Dr Scenic Dr Hill d ale Ct C larendon Hill s Dr Holy o ke Ct Forrestal Dr Fort Morgan Dr Plateau Ct R eeves Dr COLINA NATUMRAARLIPOSA AREA CATHY PRAFIRROIEMME NATURAL AREA HAZALEUS NATURAL AREA NATURAL COYOTE RIDGE AREA FORMER (FARMCATHY FRANZ FROMME PRAIRIE NA) S Shields St W Trilby Rd S Shields St S County Road 19 S Taft Hill Rd Flower Wild HAemrsehnded MRD Springs Seven Ranch RRiedggisetry Clarendon Hills Fossil Creek Estates Kapperman Scheel MRD Scenic Knolls Midway Fossil Crest Mountain Valley Acres Applewood Estates Printed: January 29, 2014 SW Annexation Phase 4 City of Fort Collins Natural Area Parcels Southwest Enclave Attachment Annexation 2 - Phase Four Subdivisions & Natural Areas 0 0.125 0.25 0.5 Miles Scale 1:15,840 © Packet Pg. 266 Attachment11.2: Subdivision/Natural Areas (Southwest - Phase 4 zoning) Packet Pg. 265 Attachment11.1: Sequence of Phases and Phase 4 Boundaries (Southwest - Phase 4 zoning) oo d land Way Prichett Ct Solar Ct Co n e j os Rd Pa r kway Cir W E Saturn Dr S had y Bend Dr Corsica Dr Highca s tl e D r R oma Vall e y D r Park w a y Ci r N Horne t D r Whale r s Way Mcgraw Dr St r asburg D r Truxtun Dr Tria n gl e Dr Ve n t u ri Ln L a rkb u ntin g Dr C lar e ndon H ill s Dr Vivian St Venus A ve Milky Way W T r outman Pkwy F o ssil C t E Bear Creek Dr Crooke d Arr o w Ln Saddle Notch Dr S tarflower Dr W i dgeon St Uranus St W Skyway Dr H illdale D r Deer Cre e k Ln Green v a le Dr Mea d ow R u n Dr Hogan Dr Egyptian Dr Nimitz Dr M a r i p o s a C t P e yton Dr Tr a il Vie w Ln Hancock Dr Y u ma C t La n gda l e Dr Hilbur n Dr Sea Wolf Ct Crest Rd E g y pti a n C t Chery l en S t Coral Sea Ct W e st b rooke Ct P r ovinc Rd e W e st b u r y Dr Red Ct Tail S ene ca St P a rlia m ent Ct L yf k a St F o x H i lls Dr Mil l Cr e ek C t Picard Ln Kyle Ave B r i n n C t Bordeaux Dr Bentley Pl Vi s ta Dr G al a xy W a y Al e xa C t Orbit Way St oney Bro o k Rd Ede n Rid g e Ln Ag a te Ct H ill d ale Ct Quaki n g Aspe n Dr Paradis e Ln Ashford Ct Towhee St C oyo t e T rail D r N i c k laus Ct Pitner Dr Gary Dr A p pl e Blosso Ln m Vivian Ct I d a lia C t Saturn W Dr M ilan T e rra c e Dr O g d e n C t Johns Ln P i c adil l y D r Id a lia Dr Hi l lview Ct S a wgr a s s C t W Ln Fairway Cra i g D r Fo s sil Cre s t Dr O a krid g e Dr Janse n D r G r eenway Dr Wes t bro o k e D r W oodrow Dr P o rt n er Rd G riffith Dr St o v e r St Prairie St Sain t Mi c haels D r C e d ar g ate D r Mer c u ry Dr Blue Mountain D r R ama h Dr H eat h e r Gl e n L n Aran St Palmer Dr Boardwal k D r Dunne Dr Fromme Prairie Way A shford Ln Enterpr i se Dr Jona t h a n Ct Midway Dr W o o d e d C reek Ct Kim Dr P lea s ant Hill L n H um m ingbird D r Pavilion Ln Victoria Dr Frontage Rd Fairway Ln Marig o l d L n Bl u estem Ct A u tumn R i d g e D r Flagler R d Fossil Blvd S a n J u a n Dr Holy o ke Ct O v e rlook Dr Fossil Creek Dr W e s t s h o r e W a y Au b u r n D r Warbler Dr P y re n e e s Dr P a r k w ay Cir E Mathe s on Dr Hinsd a le Dr Ro l ling Gate Rd Colb y S t A vondale Rd A bb e y R d S t ar w a y St Mc g ra w C ir Player Dr Bell e v i ew Dr Derr y Dr B e a ve r Cr e e k Dr Lookout Ln B ueno Dr Apple Dr C o nstellation Dr Snead Dr P o laris Dr Mail Creek Ln Kent Ave Sedgwick D r C h ippendale Dr Scenic Dr Lynn Dr Ta n ager St Ma r s D r N e pt u n e D r N a pa Vall e y D r Thomp s on Dr Goshawk Dr Fort Morgan Dr A l exa W ay W hippe n y Dr Plateau Ct Foss i l R idge Dr Ro c helle Ci r Fossil Cr e ek P k wy Regenc y Dr H e p plewhite Ct Brixton Rd Silvergat e Rd R a n ger Dr Le a hy D r H u n ting t on H ills D r La Ed a Ln Wa k e r obi n Ln Forrestal Dr Reeve s Dr B o n H o m m e Richard Dr W Harmony Rd John F Ke n nedy P k wy S Mason St E Trilby Rd S Shields St S Shields St E Troutm a n Pk w y W Trilby Rd W Trilby Rd S College Ave S County Road 19 S Taft Hill Rd S Taft Hill Rd B oar d wa l k D r E Harm on y Rd ³I Phase 20144 Phase 20144 Phase 20082 Phase 20061 Phase 20103 Phase 20103 Phase 20103 Wild Flower SSkyovuitehw HeTirgihlbtsy Estates Ader Scenic Knolls Skyview Lynn Acres Applewood Estates EBsrotaotkewsood Mountain Valley Acres Fossil Crest Fossil Creek Meadows Midway Southwest Sequence Enclave of Four Annexation Phases Printed: February 18, 2014 Growth Management Area Proposed GMA Adjustment City Limits Parcels Annexation Phase 1 - 2006 (Complete) 2 - 2008 (Complete) 3 - 2010 (Complete) 4 - 2014 0 0.125 0.25 0.5 Miles Scale 1:24,000 © ATTACHMENT 1 Packet Pg. 264 Attachment11.1: Sequence of Phases and Phase 4 Boundaries (Southwest - Phase 4 zoning) allowed to accumulate so as to cause a nuisance as regulated by Wheat Ridge Code of Laws, chapter 15 Coops & enclosures must be kept sanitary and be cleaned on a regular basis to avoid pests and odors. An enclosure is unclean when it contains more than one day's elimination of each animal enclosed therein. Fecal waste placed in closed flytight containers, every 3 to 7 days. Code Enforce. Officer may order more frequent removal. Maintained in a sanitary condition that does not allow flies to breed or cause an odor offensive to an adjacent residence or business; and Waste is regulated in nuisance sections of the Municipal Code, dogs, cats, and goats must be vaccinated for rabies Neighborhood Notification Multifamily, commercial, and mobile home zone districts: letter of approval from neighborhoo d association. To exceed occupancy requires a permit: includes neighbor notification & pre- inspection approval. When more than 1 acre and want more than 12 chickens, notify abutting property owners Packet Pg. 161 Attachment8.2: Farm Animals Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) and an additional 100 sq ft for each addtl animal Enclosures shall be no closer than 15 ft to a side or rear lot line. Coops shall meet min. structure setback requirement. Pens and corrals shall be located at least 30 ft from all property boundaries. Enclosures shall be located so that they are located at the rear area (backyard) of the property. Enclosures shall be a minimum of two hundred (200) square feet per small animal. No enclosure may be closer than 15 ft to a structure on an abutting zone lot containing a dwelling or on the same lot not containing the keeper. On any residential zone lot, the animals shall be maintained in the rear 50% of the Zone Lot Depth. An enclosure is overcrowde d unless its area is at least the square of the following sum for each animal confined therein: the sum of the length of the animal in inches (tip of nose to base of tail) plus six inches. All buildings and corrals must be constructed at least fifty five feet (55') from the building envelope of the adjoining lot. An enclosure used to keep ten+ small animals must be located at least 50 ft from an adjacent residence. An enclosure for livestock must be at least 100 ft from adjoining property and at least 50 feet from a house. Mini Livestock: up to 2: 10 ft, up to 6: 50 ft, 6+ 100 ft. 2 or more fowl: 50 ft. Enclosure at least 15 ft from any residence, not including owner’s home. Any walkway, street, park, etc, that is less than 150 ft away shall be protected by a six foot hedgerow, partition, fence. Structures housing domestic fowl must be located at least 10 feet away from any residential structure on an adjacent lot. Packet Pg. 160 Attachment8.2: Farm Animals Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) residence. Allowed on lots over 20,000 sqft. 10,000 sqft per animal and enclosures must be 50 ft from closest structure. ½ acre per horse. No standards for other animals. Miniature Livestock & Goats Minimum square feet based on horse equivalents. No permit. No less than 2 goats, no more than 3. No bucks. 200 sq ft/goat. Only allowed in single family or duplexes. 2 per lot, & min of 130 sq ft/goat. Must be maintained in rear 50% of lot in or next to a residential zone. Can increase #’s with a zoning permit. ½ acre per animal (see above). (See above…) 1-2 must be located at least 10 ft from adjacent home. 2-6 must be 50 ft. 6+ must be 100 ft. Males must be neutered. 3 or less chickens, ducks, doves, pigeons, pygmy goats, or rabbits per lot as a use by right. 3 small animals per lot; 20,000 sqft = 4 small animals; each addt 5,000 sqft = 1 animal. Goats must be mini, dehorned and neutered. Allowed in all zone districts. 2 per lot, must be maintained in rear 50% in or adjacent to a residential zone. Annual license. Chickens & Roosters Does not set a maximum number, but does define structure requirements. 5 hens/lot as a use by right; can increase with a permit, in all zone districts except 3 No Roosters. Up to 8 chickens/duck s combined per lot. 16 sq feet per chicken. Use by right. Up to 50 fowl per acre in residential districts. Crowing is prohibited. Enclosures for fowl must have 4 sqft per bird, and residents should not exceed more than 10 fowl. An enclosure for 2 or more fowl must be 50 ft from a neighbor. (See above) Up to 8 fowl. In comm. gardens or urban farms over 10,000 sqft, 1 addt fowl per 1,000 sq ft. No Roosters. Up to 6 hens per lot, 2 sq ft per hen. Requires permit. Packet Pg. 159 Attachment8.2: Farm Animals Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) along with greenhouses and hoop houses. However, building height and lot coverage are limited (Cleveland Zoning Code Title 7, Chapter 336). Most recently, in January of 2011, the city amended the code to permit hoop houses and to permit the construction of Growing Power’s vertical farm. (a) Setback: Buildings shall be set back from property lines a distance of five (5) feet (b) Height: No building or other structure shall be greater than twenty five (25) feet in height (c) Building Coverage: The combined area of all buildings, excluding hoophouses, shall not exceed twenty five percent (25%) of site area. Asheville, under rules passed by City Council in September, will no longer require building permits for temporary structures like hoop houses, greenhouse variations that help shield plants from extreme weather. Permitting regulations also were eased for larger, more permanent structures for growing food. Original proposal allowed hoop houses to be 12 ft tall with a max. area of 1,000 sqft or 15% of the lot area, whichever is greater, could only stand for 180 days. Due to residential concerns surrounding visibility, caps at 6’6 are proposed (head room). Community gardens would be allowed to stay at the 12 ft height. Agricultural policies and land use regulations are currently under review for changes to encourage agricultural uses of various types and sizes, including building code issues dealing with farm stands, worker housing and “hoop houses.” *Boston Study: http://www.bostonredevelopmentauthority.org/pdf/PlanningPublications/Urban%20Agriculture%20MEMO_Growing%20Produce%203.1.12.pdf Generally farm structures are classified as accessory uses and must either comply with underlying zoning requirements for accessory buildings (Baltimore, Kansas City, Minneapolis) alternatively, the zoning establishes specific requirements for urban farm‐related buildings with setback, height and area restrictions (Chicago, Cleveland, Seattle). A few cities, such as Baltimore, do not have dimensional requirements for farm structures. Minneapolis specifically states that outdoor growing associated with market gardens and urban farms shall be exempt from enclosed building requirements. Lot Coverage: Most cities restrict the total area of accessory buildings to 10 – 25% of the site. Cleveland excludes greenhouses and hoophouses from this combined areas percentage. On the other hand, Baltimore sets no limits on either the number or square footage of accessory structures. Chicago provides for either 10% of the site area or 100 square feet, whichever is greater. Minneapolis has a similar provision for 15% of lot area or 1,000 square feet, whichever is greater. Height: Baltimore and Cleveland have height restrictions of 25 feet. No other city sites a height restriction. Setbacks: Baltimore, Cleveland, Kansas City, and Minneapolis have setbacks ranging from 3 to 10 feet from the property line for accessory structures. Other structures: Cleveland explicitly enumerates the accessory uses and structures permitted in an Urban Garden District: greenhouses, hoophouses, etc… Packet Pg. 155 Attachment8.1: Hoop House Research and Focus Group Notes (Urban Ag - Phase Two- Hoop Houses) allowing hoop houses within the City, farmers and residents can extend their growing season by approximately 2-4 months, which can have significant impacts on the local food economy. In addition, allowing these temporary structures to be constructed without having to meet the structural requirements in the Building Code allows for these structures to be erected at a significant cost savings to the farmer, which allows for their limited dollars to be invested in food production instead of engineering temporary structures. For beginning farmers, and especially those on short land leases, hoop houses extend the growing season without requiring significant investments. ENVIRONMENTAL IMPACTS Producing more food locally contributes significantly to the City’s sustainability goals. From a climate perspective, producing, distributing and consuming food locally reduces the vehicle miles traveled by our food and thus, the City’s overall carbon footprint. Growing more food locally also supports the populations of the wild and managed pollinator populations, e.g., bees, whose ecosystems services are threatened both locally and nationally. Packet Pg. 151 and biking, with a focus on increasing equitable distribution of opportunities to be healthy so that all Coloradans can make healthy choices. Environmental stewardship─ leading the way in greening environmental health Our significant presence in communities around Colorado means environmental health is part of our business. We are taking a leading role in sustainable design of our medical offices, reducing greenhouse gas emissions, waste minimization, and supporting sustainable food systems. Health Knowledge Developing and disseminating knowledge We’re committed to advancing health through research, education, charitable contributions, and training. Our research teams have been at the forefront of some of the most exciting medical findings, and that information has made a difference in the lives of people around the world. We share this knowledge by educating practitioners, translating knowledge into clinical practice, empowering consumers, and keeping policy makers informed with evidence-based data about good health and health care. Knowledge is powerful medicine, sharing makes it even more potent. Community Service Our employee community service program reflects our firm belief that everyone can make a difference. We make it easy for employees to give back to our local communities by allowing them paid time away from their everyday responsibilities to engage with local nonprofit organization Packet Pg. 113 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) Packet Pg. 112 Attachment5.2: KPCO Grant Agreement (FC Bikes CMAQ Grant) Packet Pg. 88 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) Open Streets Initiative: promotion, implementation and outreach $20,000 Packet Pg. 86 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) bicycle safety classes, light and helmet giveaways, and through class participant surveys to determine if the level of knowledge around bicycle safety (laws, riding techniques) has increased as a result of our educational efforts. 3. Regional Bicycle Coordination: to determine if our regional coordination efforts are leading to more people bicycling, we will be recording the number of people biking on regional campuses and in regional communities as well as Packet Pg. 85 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant) outreach, promotion and marketing, and instructor fees. ii. “Bike Summer” (May-September): Events/campaigns: Bike to Work Day; Downtown Bike Show; Bike to Work Worksite Challenge; Congressional Ride with Fort Collins and Loveland representatives; Bike Lunch Talk. Funding will cover outreach, promotion and marketing, website development and instructor fees. iii. “Bike Fall” (September-November): Events and programs include: annual City of Fort Collins Safety Fair; Bike Lunch Talk Packet Pg. 82 Attachment5.1: 2014 CMAQ FC Bikes (FC Bikes CMAQ Grant)                  "   !   #       P acket Pg. 37 Attachment2.3: Site Plan (URA- Revive Properties Redevelopment Agreement)  that  protect  management and  the Green  environment  –  will Architecture-­‐  reduce  and  landfill  lower CSU’s  waste.  energy Institute  use. for the Built Environment LEED-­‐Development)ND (Leadership  will .  Green  evaluate  Architectural in  the Energy  site  for and  Guidelines  best Environmental  practices  will  provide  in  neighborhood Design the  best -­‐ Neighborhood  practices  design  using for sustainable public 7. Sustainable  alike.  neighborhoods. Design Consulting  This  will  be –  a Additional  learning  opportunity civil and architectural  for  students  and design  the consulting 8. detention Additional  ponds.  service. Stormwater Grading – Additional grading for regional stormwater Packet Pg. 35 Attachment2.1: Executive Summary of Project (URA- Revive Properties Redevelopment Agreement)  needs area utility  and for ability being curb  and  requested  of  gutter.  this  development  for  the  construction  and  benefit  of  the  this  health  street  of  and  the  for  community.  utilities,  landscaping,  TIF  funds  and  are Item Mason lane on the  collector  #  Street 2 site.  Construction It  extends  as  will  shown require  495  of  on  Mason  feet  the a larger  Master  from  Street  West Right  Street  Infrastructure:  Willox of  Plan  Way  Lane.  and (ROW)  the  Mason  only and  public  Street also includes  street  will  be  located  a utility  two infrastructure and less)  utilities, becomes  the  more very  eastern  than difficult  most  is  necessary or  section cost prohibitive  of  for  the  a  private  land to  that  street. develop.  remains  In These  addition  (35  feet factors  to  in  the  width lead  ROW  or to extraordinary and being also  requested decreased costs  for  the above the  construction density and  beyond and  of future  this  what  street development is  necessary  and  the  utilities, potential. for  private  landscaping, TIF  development funds  and are curb I  tem S  ignificant Regional  and  #3  Landscaping  Detention  gutter. landscaping  Pond. is  The planned  Regional for the  Detention Willox  Pond and Mason  has  been Street  dedicated ROW and  to  the the City neighborhood of Fort Collins.  and  the  surrounding This will provide  community. a great community experience for the A Community amenities 2” water  will  Gardens tap  increase will  will be  the  be required  community  provide to  healthy irrigate  experience.  food all  and the  create public  community and community  areas. areas.  Site T  here use  of  will  xeriscaping  be  a  reduction  throughout  in  water  the  site.  needs  Plants  from  will  the  showcase  City's  water  planting  supply  materials  through  that  the are of effect. buildings  native  Fruit  and  trees -­‐  more thus  are reducing  sustainable.  planned heat  as  Additional  a and  source cooling  of  trees  food loads  contribute  for and  residence reducing  to  the  and  natural the  as  ingredients heat  shading island for  a  local  cidery. Packet Pg. 34 Attachment2.1: Executive Summary of Project (URA- Revive Properties Redevelopment Agreement)  e  are  Challenge  investigating  or  LEED  the  use  for  of  Homes.  existing  surface  water  rights  for  irrigation  in  order  to lower use infiltration plants the  use and surfaces  of  domestic trees are and  potable used maximizes on  water. alleyways infiltration.  Landscaping and Pervious numerous  design pavers includes parking with low  water spaces gravel throughout i  . Please provide  the  site. documentation and quantifiable results stating the proven methods or effectiveness of the proposed sustainable features within the project. T  he and  latest design  100 were.  year The  flood site  proved uses  how pervious  effective pavers  the  stormwater and gravel to  infiltration absorb the  methods storm water. retain  water.  None  of  The  the  other  lots  two  retained  detention  any  water  ponds  and  filled  two  up  of  to  the  maybe  detention  20%  of  ponds  capacity.  did  not The carbon. j  .  What geothermal  is  the  proposed and solar  project technologies  timetable are  (what known  is  the to  estimated reduce energy  time  frame load and  for major steps including the City's planning decision, completion of financial commitments,  start  of  construction,  and  issuance  of  Certificate  of  Occupancy (O  ct CO)  2013 ? Revive TIF  Funding  Properties,  to  be  determined;  LLC  acquires  land; Nov Jan 1st  Qtr  2014  2013  2014 Architectural Apply Begin  home  for  Construction  construction  Design  of  Permits  SFH 2nd 3rd 4th  Qtr  Qtr  Qtr  2015  2014  2014 Complete First Complete  COs  and  Landscaping  build  Model  out  Homes  Installation Packet Pg. 33 Attachment2.1: Executive Summary of Project (URA- Revive Properties Redevelopment Agreement)  Master addition  Street have of the  Plans been Mason  will held  be Street for  implemented community corridor;  through and support. additional  the The  upgrade interior Access  of public within and the  the and  surrounding relationship private street  urban with networks.  area downtown  with Land  strong will use  pedestrian will create be mixed-­‐more  access. use demand  Increased and high for  density density public transportation, with benefit  new  the  development.  character  bike  and  of  Fort  pedestrian  Multi-­‐  Collins. story  access  A  architecture  diverse  reducing  mix  and  of  traffic  sustainably  design  and  will  pollution  built  contribute  housing  associated  to  sizes  and and a County small  types  in environmental  sustainable  will  help  the  development.  people impact  in  on  the the  area. community  The  major and  goal  be  of a  model  the  project for the  is  to  City  create and g  . T  he underutilized  How  site  will  has  the  remained  location.  project  partially  help  The  development  eliminate  developed  slum  has  and  and  helped  an  eye  blight  eliminate  sore  conditions?  for  three  blight  years  by  upgrading  and  is  an the regional the  lot current  and  stormwater  properties street (Willox)  pond)  along  following  Willox and installing  is  improved  the  City's new  with  Master infrastructure  the  Street  Willox  Plan.  Street (Mason  Accessibility  upgrade. Street  The and  to development utilities. Developing The  the improves  property parks and the  will public  increase community sewer  the  property gardens system and  value will provides provide  of  surrounding new for and public  properties, upgraded space. which improving will  the increase  health,  safety the incentives  and  welfare for  of building-­‐  people  living replacements  and  working and  in or  the upgrades  area. h  .  How  will  this  project  help  achieve  the  URA  goals  of  sustainability  through green  building  techniques? Please  be  specific  how  this  project  uses  energy  efficiency,  renewable  resources,  natural resource conservation techniques, stormwater low impact design methods, or any other  methods  not  listed. Packet Pg. 32 Attachment2.1: Executive Summary of Project (URA- Revive Properties Redevelopment Agreement)  original detention  acre pond  site  to  build  was and decreased T  his  project  to  will  7  buildable implement  acres. significant stormwater  management techniques  using pervious potential  learning pavers, xeriscaping  opportunity and  for  the ultra-­‐  City efficient  on  the  use irrigation  of  pervious systems.  pavers This  for will  streets. be a Large-­‐The c  . T  he d  .  What  How  funds  developer, scale  will  other  will  renewable the  be  sources  local  project  used  builders  to  energy  of  offset  help  financing  and  technology  the improve/  local  costs  will  banks  of  the  had upgrade  infrastructure  will  project  never  finance  public  been  secure  the  use  for infrastructure  project.  other  geothermal  in  the  than  County.  TIF?  energy.  (streets, utilities, T  he first  project  leg  of  drainage,  Mason  will  upgraded  Street  etc.  corridor )?  Willox  north  Street  of  with  the  river  curb  was  and  installed  gutter  and  with  landscaping.  street,  utilities  The and detention landscaped  curb  and pond  as  gutter.  a  public system  The  park.  landscaping was  A built. community  will The  be detention  garden  installed.  will ponds  A  be  large installed will  regional be designed to  stormwater  grow fresh and food. e  .  How  will  the  project  enhance  the  property  tax  base  (and  sales  tax  base, if applicable) T  he undeveloped project  of will land  the significantly  area? initially and enhance will be a the model property sustainable tax base. mixed-­‐The use property community was when f  .  How  completed.  will  the  project  help  achieve  the  goals  of  the  Urban  Renewal  Plan  and City  Plan? Packet Pg. 31 Attachment2.1: Executive Summary of Project (URA- Revive Properties Redevelopment Agreement)  Area.  to  North  College.  This  will  stimulate  growth  for  North  College The environmentally unit  of US  energy EPA  used says  clean  in that  a  and  ground geothermal  cost  source  effective heat  heat  system  pump, pumps  for  4-­‐are  temperature 6  times the  that most  energy  control. energy  is  For  available efficient,  every for temperature greatly heating  reduce  of and  the  the  use  earth cooling  of  fossil  as using  a  heat  fuels.  source geoexchange  and  sink technology.  lowers  the Using  energy the  use constant  and  the R  evive and cooling  will  be homes.  a  unique With  development the addition  in  that of solar  it  uses power,  geothermal these homes  energy can  for produce  heating close be sustainable  net  to  carbonless  all  the  development  energy  since  they  use in  use,  renewable  Larimer  which  County.  energy  is  commonly  instead  Homes  referred  of  will  fossil  be  to  designed  fuel.  as  Net  It  will  Zero,  and  be  a  and  built  model  can  to the compact owned best  by housing practices the  City, and  will in green community  be  converted building. parks. in The to  an The site irrigated regional is a New  community detention Urbanism  park. pond, design  The which with  site is uses maximizes water  use. pervious stormwater paver for infiltration. parking Xeriscaping stalls, crosswalks and Ecoturf and landscaping a drive alley, minimize which R  evive District  by will  providing be a catalyst  moderately for redevelopment  priced  single-­‐of family the  homes, North College  townhomes, Urban  mixed Renewal  use homes R  evive  and  is  located  commercial  one  mile  space.  north  of  downtown  and  in  close  proximity  to  many  of  the Poudre flagship the  employees  King river  Soopers  of recreational  downtown  town  center opportunities.  businesses.  provides  for The  a  bike proximity  friendly to  lifestyle downtown  for  many and the  of S  ustainability Challenge  Home goals  program included  and/certifying or  the  US  Green homes  Building under the  Council's Department  LEED  (of Leadership Energy's in Built Developments  Energy Environment  and  Environmental (ND) and will sustainable provide  Design)  for consulting architectural  Homes  program. on guidelines. LEED  The  CSU for These  Institute Neighborhood programs  for  the follow and from comfortable  Energy the best  Star practices  3.environments 0,  WaterSense in building for  and occupants.  Indoor science  AirPlus and The provide  programs. design energy will include efficient, standards healthy Packet Pg. 30 Attachment2.1: Executive Summary of Project (URA- Revive Properties Redevelopment Agreement) 2012 4.8 2015 1.8 0.8 2.7 --- 3.8 3.8 2016 2.4 3.2 5.6 --- 5.5 5.5 2017 4.9 3.3 8.1 0.2 5.5 5.7 2018 5.5 3.4 5.3 3.4 + 5.6 = 9.0 2019 5.5 3.5 5.4 3.5 + 5.7 = 9.2 Packet Pg. 17 Attachment1.1: January 14, 2014 (URA minutes)