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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/03/2013 - COMPLETE AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting December 3, 2013 Proclamations and Presentations 5:30 p.m. A. Declaring December 10, 2013 as International Human Rights Day. 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 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the November 5, 2013 Regular Council Meeting. The purpose of this item is to approve the minutes from the November 5, 2013 Regular Council Meeting. 2. Second Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriate $4,973 awarded to the City by the Colorado Department of Public Health and Environment, to transfer a matching amount of $4,973 from the 2013 General Fund, and to combine these in the Environmental Services Radon Program account. The Radon Program carries out radon risk- reduction activities as identified in the current City Budget. City of Fort Collins Page 3 3. Second Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriates $53,100 accumulated during 2013 in the Waste Innovation Program Fund (WIP) account into the City’s General Fund account for an approved Streets Department project to buy a new piece of equipment called a Power Screen, for use at the Hoffman Mill Road Crushing Facility. 4. Second Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriates unanticipated federal grant revenue for intersection improvements partially funded through Building on Basics funding. At First Reading, Council requested supplemental information pertaining to this project. That information is provided as an attachment to this packet. 5. First Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. The purpose of this item is to appropriate $13,808 of prior year reserves in the Conservation Trust Fund for transfer to the Capital Projects Fund, and to transfer $1,084,261 of existing appropriations from Conservation Trust Fund projects to projects in the Capital Projects Fund. Per Colorado Revised Statutes Sec. 29-21-101, only funds received from the State of Colorado lottery proceeds can be deposited in and expensed from the Conservation Trust Fund. Grants, contributions and interest earnings tied to these revenues cannot be commingled with the lottery proceeds. This ordinance transfers the interest earnings, grants, and contributions from existing projects in the Conservation Trust Fund into projects in the Capital Projects Fund. 6. First Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. The purpose of this item is to appropriate $1,118,000 for the costs associated with the flood that occurred in September 2013. Of that total, $1,012,000 is for the incremental costs that are eligible under the Federal Emergency Management Agency’s (FEMA) Public Assistance Program. In general, FEMA reimburses about 75% of eligible costs. The State of Colorado has agreed to cover half of the portion not paid by FEMA. The other $106,000 is for City assistance provided to Estes Park. They will reimburse the City 100% and seek reimbursement from FEMA for up to 75%. 7. First Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. The purpose of this item is to approve additional spending in the General Employee Retirement Trust Fund. At the time of retirement, qualified persons have the option to elect monthly payments or one-time cash out. Using historical data, the actuary estimates that 30% of future retirees will elect a single-sum payout. The 2013 budget made the same assumption. Retirees electing cash outs this year have exceeded the assumed election rate. 8. First Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. The purpose of this item is to amend the City Code to limit the option for vendors to file consolidated sales and use tax returns for multiple locations. City of Fort Collins Page 4 9. First Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City’s Water Utility. The purpose of this item is to discontinue the practice of water right banking. In order to meet the water needs of new development or redevelopment within the Water Utility service area, developers are assessed a Raw Water Requirement (RWR). Current City Code allows water rights to be submitted to the Water Utility even when no water service permit is needed in exchange for credit that can be used for later satisfaction of the RWR. Although this banking practice was helpful in the past, it is less helpful now and makes managing these water rights difficult. The proposed City Code changes would discontinue the practice of banking water right credits, but continue to allow the practice of conveying acceptable water rights for developments at the time a RWR is assessed. 10. First Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. The purpose of this Ordinance is to ensure that the Fort Collins Traffic Code (the “Traffic Code”) is consistent with state traffic laws, and to implement amendments identified by staff that would make the Traffic Code more consistent and provide more effective and efficient local enforcement. 11. First Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of-Way Between Foothills Parkway and Monroe Drive. The proposed ordinance vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973 ("1973 Ordinance").The proposed ordinance vacates the remaining right- of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. 12. First Reading of Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street. The proposed Ordinance vacates the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway. This would make Foothills Parkway a private drive from College Avenue to Stanford Road (as the portion of Foothills Parkway from Mathews Street to Stanford Road was previously vacated in 1988). Easements for access, emergency access, drainage, utilities, and transit will be retained in order to allow these uses within the vacated right- of-way in conjunction with the redevelopment of the Foothills Mall. 13. First Reading of Ordinance No. 175, 2013, Authorizing the Conveyance a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road. The purpose of this item is to accommodate the realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall property. The planned re-alignment will locate the ditch beneath the frontage road, across College Avenue opposite the mall and will require the conveyance of a permanent drainage easement to the Larimer Canal No. 2 Irrigating Company (the “Ditch Company”). 14. Resolution 2013-097 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Farm Annexation. The purpose of this item is to annex the first phase of Kechter Farm. A written petition has been submitted requesting annexation of 88.21 Acres within the Kechter Farm General Development Plan, located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the City of Fort Collins Page 5 Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently being approved in the County. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. 15. Resolution 2013-098 Adopting the Annual Revenue Allocation Formula to Define the City of Fort Collins’ Contribution to the Poudre Fire Authority Budget for the Year 2014 for Operations and Maintenance. This Resolution establishes a Revenue Allocation Formula between the City of Fort Collins and the Poudre Fire Authority to contribute funding for operating and maintenance of the Poudre Fire Authority. 16. Resolution 2013-099 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County in Support of the Larimer County Conservation Corp Energy and Water Program. The purpose of this item is to seek City Council approval of an intergovernmental agreement (“IGA”) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corp (“LCCC”) Energy and Water Program (the “Program”). The agreement would allow for four one-year renewals for a total of five years, subject to budget appropriations. 17. Resolution 2013-100 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. The purpose of this item is to approve a bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP). The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2014 and 2015. City staff and the FOP have tentatively reached an agreement. On November 11, 2013, bargaining unit members voted to ratify the proposed agreement. 18. Resolution 2013-101 Authorizing a Revocable Permit for Poudre Fire Authority to Use City Property for Training Activities. The purpose of this Resolution is to authorize the City Manager to execute a Revocable Permit to allow Poudre Fire Authority to use a vacant residential building on City Property for fire and life safety training activities for a period of one year. The City acquired a property at the southwest corner of Prospect Road and Timberline Road in 2006 as part of a road improvement project. Poudre Fire Authority (“PFA”) was granted a revocable permit to use a residential structure on the property to perform fire and life safety training activities. The permit will expire in January 2014. PFA has expressed interest in extending the permit and City staff has agreed to allow the training activities to continue for an additional year. 19. Resolution 2013-102 Supporting the Retrofit of Existing DOT-111 Rail Tank Cars That Transport Packing Groups I and II Hazmat Before the Pipelines and Hazardous Materials Safety Administration. The purpose of this item is to allow City Council to provide input to a federal Department of Transportation rulemaking. Passage of the underlying resolution would indicate the Fort Collins City Council support of the National Transportation Safety Board recommendation requiring railroads retrofit tank cars to address known safety defects and to provide local governments more knowledge of the hazardous materials being transported through their communities. City of Fort Collins Page 6 20. Routine Easement The purpose of this item is to accept a routine utility easement at 303 W. Prospect Road from the Griffin Foundation for the installation of an electric system to serve an adjacent new development. 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 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. 21. Second Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain Use Permits, Reviews and Variances. (staff: Ken Sampley; no staff presentation; no discussion) This Ordinance, unanimously adopted on First Reading on November 19, 2013 (Campana recused) adopts new and updated floodplain review fees in Chapter 10 (Flood Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in flood hazard areas. A new fee structure will be established to better assign costs to floodplain review applicants. 22. First Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. (staff: Janet Miller, Tamara Vega; 2 minute staff presentation; 15 minute discussion) City Council met in Executive Session on November 12, 2013 to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance establishes the 2014 salary of the Municipal Judge. City of Fort Collins Page 7 23. First Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. (staff: Janet Miller, Tamara Vega; 2 minute staff presentation; 15 minute discussion) City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney. 24. First Reading of Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. (staff: Janet Miller, Tamara Vega; 2 minute staff presentation; 15 minute discussion) City Council met in executive session on November 12, 2013 to conduct the performance review of City Manager Darin Atteberry. This Ordinance establishes the 2014 salary of the City Manager. ● CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS ● OTHER BUSINESS ● ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the Universal Declaration of Human Rights was adopted by the United Nations on December 10, 1948; and WHEREAS, it was the first time a document declaring human rights and fundamental freedoms was adopted by an international organization, and it continues to have universal value in defending and advancing people’s rights; and WHEREAS, America’s commitment to individual freedom and democracy provides the foundation for our society and the Bill of Rights serves to guide our people and our government to ensure basic human rights and liberties; and WHEREAS, as a community, we are committed to upholding these principles and making Fort Collins a place where all citizens have the opportunity to voice their opinions, practice their faith, and enjoy the blessings of freedom; and WHEREAS, our nation and our community find encouragement in rallying together to defend human rights. By working together to advance the rights of all people, we help to build mutual trust and harmony for all individuals in our community. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim December 10, 2013 as INTERNATIONAL HUMAN RIGHTS DAY in the city of Fort Collins and hereby encourage all residents, businesses, and institutions to recognize International Human Rights Day 2013 by observing our nation’s Bill of Rights and pledging to uphold the universal principles of liberty and justice that define our dreams and shape our hopes as we face the challenges of a new era. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 3rd day of December, A.D. 2013. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the November 5, 2013 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the November 5, 2013 Regular Council Meeting. ATTACHMENTS 1. 1105 min (PDF) Packet Pg. 9 November 5, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 5 2013, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw and Troxell. Councilmembers Absent: Weitkunat Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry requested that Item No. 10, Items Relating to West Vine Basin Stormwater Improvements, be moved to the Discussion Agenda due to Councilmember Campana’s conflict on the item. Additionally, he announced a visit by Estes Park leaders who are here to express their appreciation for assistance during and following the September floods. Citizen Participation Mel Hilgenberg, 172 North College, discussed the passing of Howard Welker, requested Council consider assisting the County with upfront funds for flood relief efforts, opposed the proposed on-campus football stadium, and supported the placement of a parking garage on the site of the current Denver Rescue Mission and the relocation of the Mission to the old club on Linden Street. Marge Griffin, Fort Collins resident, requested answers and information regarding the Boxelder Stormwater Authority. She opposed the Authority and its plans for a dam on her property. Maggie Weinroth, ASCSU, provided an update on ASCSU’s fall cleanup efforts in the community. Leonard Urban, 1808 Cannes Court, discussed the Saturday Morning organization which aids homeless in the community. He requested assistance from the City for advertising and possible expansion. Cheryl Distaso, Fort Collins Community Action Network, commended the work session regarding the mosquito spraying issue. Eric Sutherland, 3520 Golden Currant, opposed the Boxelder Stormwater Authority stating the engineering, legalities in financing, and overarching concept are flawed and not in the public interest. He suggested the City should respond with real answers. He also stated there is a Packet Pg. 10 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 363 significant problem with the DDA budget in that more property tax funds are going to the DDA than authorized. Citizen Participation Follow-up Councilmember Troxell stated he would like CSU to host a legitimate public process with regard to the proposed on-campus stadium and he would like Council to have the ability to visit other on-campus stadium communities. He stated possible parking privatization would also need public input and dialogue and expressed the importance of an intergovernmental agreement between CSU and the City. Councilmember Overbeck thanked the citizens for speaking and asked that Mr. Urban contact him regarding the Saturday Morning organization. Councilmember Cunniff requested a work session discussion regarding the Boxelder issue. Mayor Pro Tem Horak suggested a community outreach type of discussion prior to a possible work session. He commended ASCSU for its fall cleanup efforts in the community and requested staff provide resource assistance lists for Mr. Urban. CONSENT CALENDAR ANNUAL BUDGET-RELATED CONSENT ITEMS 1. Second Reading of Ordinance No. 138, 2013, Authorizing the Appropriation of 2014 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. The 2014 annual operating budget for the Airport totals $783,750, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. As in 2013, this amount for each City is $92,500 greater than the prior years’ contributions of $85,000. For the City of Fort Collins, the original $85,000 is funded from General Fund ongoing revenue, while the one-time increase of $92,500 will be funded from General Fund reserves. This Ordinance, unanimously adopted on First Reading on October 15, 2013, authorizes the City of Loveland to appropriate the City of Fort Collins contribution, which is a 50% share of the 2014 Airport budget and totals $391,875. This Ordinance also appropriates the City’s 50% share of capital funds, totaling $757,480, for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of the 2014 Airport capital funds, totaling $1,514,960, will be used to complete major Airport improvements, such as the acquisition of an Aircraft Rescue and Fire Fighting apparatus, and the construction of a snow removal equipment storage facility. 2. Items Relating to the 2014 Downtown Development Authority Budget. A. Second Reading of Ordinance No. 139, 2013, Being the Annual Appropriation Ordinance Packet Pg. 11 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 364 for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2014 and Fixing the Mill Levy For the Downtown Development Authority for Fiscal Year 2014. B. Second Reading of Ordinance No. 140, 2013, Appropriating Proceeds from the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Bond, Series 2013A, for the Purpose of Making Certain Capital Improvements Within the Downtown Area of Fort Collins. Ordinance, No. 139, 2013 sets the Downtown Development Authority (DDA) 2014 Operations and Maintenance Budget amount of $764,404 to be appropriated for fiscal year 2014 for the administrative operations budget, appropriates the 2014 Line of Credit Draw in the amount of $1,000,000, sets the amount of $3,197,101 for debt service payments to be appropriated for fiscal year 2014, and sets the 2014 Mill Levy for the Fort Collins DDA at five (5) mills (unchanged since tax year 2002). The approved Budget will become the Downtown Development Authority’s financial plan for 2014. Ordinance No. 140, 2013 appropriates bond proceeds in the amount of $6,050,000. These Ordinances were unanimously adopted on First Reading on October 15, 2013. 3. Second Reading of Ordinance No. 145, 2013, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2014; Amending the Budget for the Fiscal Year Beginning January 1, 2014, and Ending December 31, 2014; and Fixing the Mill Levy for Fiscal Year 2014. This Ordinance, unanimously adopted on First Reading on October 15, 2013, amends the adopted 2014 Budget and sets the amount of $500,514,287 to be appropriated for fiscal year 2014. Including the 2014 adopted budgets for the General Improvement District (GID) No. 1 of $194,001 and the revised Urban Renewal Authority (URA) budget of $2,191,746 the total City appropriations amount to $502,900,034. The Net City Budget, which excludes GID, URA, internal transfers between City funds, is $398,157,679 for 2014. This Ordinance also sets the 2014 City mill levy at 9.797 mills, unchanged since 1991. NON-BUDGET RELATED CONSENT ITEMS 4. Consideration and Approval of the Minutes of the October 1, 2013 Regular Meeting. 5. Second Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from the Public Service Company into the Capital Projects Fund for the Trail Acquisition and Development-Special Funds Project. The Public Service Company’s (PSCo or Xcel) West Main Pipeline Project required easements across City-owned Coyote Ridge, Colina Mariposa, and Hazaleus Natural Areas located along South Shields Street between Fort Collins and Loveland and on the Kingfisher Natural Area near Timberline Road. PSCo has agreed to provide $2,000,000 as compensation for the easements, and as mitigation for the project’s community wide impacts. This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates PSCo revenue, funding in the amount of $1,000,000, to be used for the construction of a ten- Packet Pg. 12 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 365 foot wide concrete regional trail on the east side of Shields Street from Fossil Creek Drive to Trilby Road. The Ordinance has been amended on Second Reading to specify the Art in Public Places (APP) amount for the Art Project ($7,800); and, the amount for APP maintenance and operations ($2,200). 6. Second Reading of Ordinance No. 142, 2013, Authorizing the Appropriation of Prior Year Reserves in the General Fund for the Police Dispatch Radio Console Replacement Project. This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates $250,000 from Camera Radar reserves and $554,658 from the existing Police Services budget to fund the replacement of Police dispatch equipment that has reached the end of its useful life. The total cost to replace the equipment is approximately $804,658. 7. Second Reading of Ordinance No. 143, 2013, Authorizing the Appropriation of Keep Fort Collins Great Reserves for the Purchase of Additional Body-Worn Cameras. This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates $182,000 from the KFCG reserves for the purchase of 40 more body-worn cameras for on- duty police officers. 8. Second Reading of Ordinance No. 144, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and Timberline Road Intersection Improvements Project. This Ordinance, unanimously adopted on First Reading on October 15, 2013, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Horsetooth Road and Timberline Road intersection.The Horsetooth Road and Timberline Road Intersection Improvements Project will construct safety and congestion mitigation improvements at the intersection. The project is planned to begin construction in the summer of 2014 and be completed in the fall of 2014. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and temporary easements from thirteen property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected owners, and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. 9. First Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene Response Vehicle. The purpose of this item is to authorize and appropriate funding for a Police Scene Response Vehicle from the Camera Radar Reserve Account.Police Services currently uses a repurposed 1993 transport van, previously retired from Dial-a-Ride in 2003, for the primary response to Packet Pg. 13 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 366 major vehicle collisions within the city. The purpose of this vehicle is to provide full capability for securing a large traffic collision scene, marking lane closures, establishing detours, and creating a safe work zone for both officers and citizens. The current vehicle being used is well beyond its useful service life, and needs to be replaced in order to maintain quality scene response services by the City. Police Services has identified a suitable replacement vehicle, manufactured by Lynch Diversified Vehicles. The new scene response vehicle will cost $171,476, to be funded from the Camera Radar Reserve account. 10. Items Relating to West Vine Basin Stormwater Improvements. A. Resolution 2013-088 Authorizing the Execution of a Supplemental Intergovernmental Agreement between the City and Larimer County for the Construction of Certain Stormwater Improvements in the West Vine Basin. B. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Construction of Certain Stormwater Improvements in the West Vine Basin. The purpose of this item is to approve an Intergovernmental Agreement (IGA) between the City and Larimer County to share funds for the construction of the West Vine Basin Stormwater Outfall Channel from Vine Drive north to the Cache la Poudre River. 11. First Reading of Ordinance No. 157, 2013, Designating the Mark and Effie Miller Property, 315 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Maggie and Bryan Dennis, are initiating this request for Fort Collins Landmark designation of the Mark and Effie Miller Property at 315 Whedbee Street. 12. Resolution 2013-089 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mail Creek Crossing Annexation. The purpose of this item is to initiate the annexation process for Mail Creek Crossing. A written petition has been submitted requesting annexation of 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Mail Creek is a residential development containing 137 single family dwelling units; the requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. The surrounding properties are currently zoned LMN to the south (Timbers Development), north (Kechter Crossing), and east (proposed Kechter Farm development). To the west are LMN zone districts (Bacon Elementary) and MMN - Medium Density Mixed Use Neighborhood (vacant land). Packet Pg. 14 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 367 This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 13. Resolution 2013-090 Amending the City Council's Financial Management Policies by the Addition of an Introduction Section. The purpose of this item is to approve an Introduction section to the Financial Management Policies. Staff is recommending that language be included within the Financial Management Policies specifically stating that the policies are developed per the Charter to provide guidance to staff, and that the Council has the ability to approve exceptions to the policies under extraordinary circumstances, if it determines that doing so is in the best interests of the City. Financial Services and the City Attorney think the best place for this clarification is in the introduction section of the Financial Management Policies document and not within each individual policy. 14. Resolution 2013-091 Making an Amendment to the Boards and Commissions Manual to Eliminate the Requirement that all Board and Commission Members be Registered Voters. The purpose of this item is to amend the membership eligibility requirements outlined in the Boards and Commissions Manual to remove the requirement that all persons appointed to boards and commissions must be registered voters. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 1. Second Reading of Ordinance No. 138, 2013, Authorizing the Appropriation of 2014 Fiscal Year Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. 2. Items Relating to the 2014 Downtown Development Authority Budget. A. Second Reading of Ordinance No. 139, 2013, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the Fiscal Year 2014 and Fixing the Mill Levy For the Downtown Development Authority for Fiscal Year 2014. B. Second Reading of Ordinance No. 140, 2013, Appropriating Proceeds from the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Bond, Series 2013A, for the Purpose of Making Certain Capital Improvements Within the Downtown Area of Fort Collins. Packet Pg. 15 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 368 3. Second Reading of Ordinance No. 145, 2013, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2014; Amending the Budget for the Fiscal Year Beginning January 1, 2014, and Ending December 31, 2014; and Fixing the Mill Levy for Fiscal Year 2014. 5. Second Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from the Public Service Company into the Capital Projects Fund for the Trail Acquisition and Development-Special Funds Project. 6. Second Reading of Ordinance No. 142, 2013, Authorizing the Appropriation of Prior Year Reserves in the General Fund for the Police Dispatch Radio Console Replacement Project. 7. Second Reading of Ordinance No. 143, 2013, Authorizing the Appropriation of Keep Fort Collins Great Reserves for the Purchase of Additional Body-Worn Cameras. 8. Second Reading of Ordinance No. 144, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth Road and Timberline Road Intersection Improvements Project. Ordinances on First Reading were read by title by City Clerk Nelson. 9. First Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene Response Vehicle. 10. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Construction of Certain Stormwater Improvements in the West Vine Basin. 11. First Reading of Ordinance No. 157, 2013, Designating the Mark and Effie Miller Property, 315 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Councilmember Cunniff withdrew Item No. 7, Second Reading of Ordinance No. 143, 2013, Authorizing the Appropriation of Keep Fort Collins Great Reserves for the Purchase of Additional Body-Worn Cameras, from the Consent Calendar. Councilmember Cunniff withdrew Item No. 9, First Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene Response Vehicle, from the Consent Calendar. Councilmember Troxell withdrew Item No. 10, Items Relating to West Vine Basin Stormwater Improvements, from the Consent Calendar. Packet Pg. 16 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 369 Staff Reports Mike Gavin, Operations Emergency Management Director, provided an update regarding the City’s response to the recent flooding. Kevin Gertig, Water Resources and Treatment Operations Manager, provided the current estimate of reimbursable expenses with regard to flood response. City Manager Atteberry noted an after-action report will likely be scheduled for a January work session. Frank Lancaster, Estes Park Town Administrator, thanked the City for assistance during the floods and commended the cooperative efforts of Northern Colorado. Councilmember Reports Councilmember Cunniff reported on the Legislative Review Committee meeting. Mayor Pro Tem Horak reported on the potential location of a Rebuild Community Supply. Ordinance No. 143, 2013, Authorizing the Appropriation of Keep Fort Collins Great Reserves for the Purchase of Additional Body-Worn Cameras, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates $182,000 from the KFCG reserves for the purchase of 40 more body‐worn cameras for on‐duty police officers.” Councilmember Cunniff stated he wanted to have additional discussion regarding the public process and expressed concern regarding records retention and how open records requests would play into these video records. Vivian Armendariz, 820 Merganser Drive, expressed concern regarding the public notification of the presence of body-worn cameras. She asked how citizens will know when they are being recorded and how citizens can be guaranteed videos will be deleted. Rebecca Sorber, Fort Collins resident, expressed concern regarding the use of the term “common sense” and “at the officer’s discretion” with regard to the use of the cameras. Cheryl Distaso, Fort Collins Community Action Network, stated this item needs further public vetting. She stated the existing standard operating procedures with respect to the cameras is not stringent enough and stated those procedures should be on the City’s website. Packet Pg. 17 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 370 Police Chief Hutto stated Council has received a memo outlining the proposed public participation process. Councilmember Cunniff requested staff input regarding the open records aspect. City Attorney Roy replied the Criminal Justice Records Act applies specifically to records maintained by Police Services and other law enforcement agencies; the Colorado Open Records Act is a more general law that applies to various kinds of public records maintained by the City and other public entities. Councilmember Cunniff asked who can request records under the Criminal Justice Act. City Attorney Roy replied the Police Chief generally has more discretion regarding whether or not to release records under this Act. Chief Hutto replied the majority of those requests have been granted; however, the importance of privacy and ongoing investigations are weighed against the benefit of releasing the information. Councilmember Cunniff asked about the placement of the policies on the website. Chief Hutto replied the policy will be placed on the website shortly. Councilmember Overbeck asked if Ms. Sorber and others with policy concerns will be able to provide input regarding the process and policies. Chief Hutto replied in the affirmative. Councilmember Overbeck requested an estimate of the timeline for policy development. Chief Hutto replied the process is on-going and discussed some of the upcoming events. Councilmember Overbeck asked if there is a pressing need to get the cameras in place soon. Chief Hutto replied he considers the cameras to be a best practice and noted twenty cameras are already in use. The forty additional cameras would likely be rolled out gradually through the next few months. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 143, 2013, on Second Reading. Councilmember Cunniff stated he would support the motion, although there are significant concerns which have been raised by citizens. He commended the Police response to those concerns. Mayor Pro Tem Horak stated the cameras are an advantage to citizens. The vote on the motion was as follows: Yeas: Poppaw, Horak, Campana, Overbeck, Cunniff and Troxell. Nays: none. THE MOTION CARRIED. Packet Pg. 18 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 371 Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene Response Vehicle, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to authorize and appropriate funding for a Police Scene Response Vehicle from the Camera Radar Reserve Account. Police Services currently uses a repurposed 1993 transport van, previously retired from Dial-a- Ride in 2003, for the primary response to major vehicle collisions within the city. The purpose of this vehicle is to provide full capability for securing a large traffic collision scene, marking lane closures, establishing detours, and creating a safe work zone for both officers and citizens. The current vehicle being used is well beyond its useful service life, and needs to be replaced in order to maintain quality scene response services by the City. Police Services has identified a suitable replacement vehicle, manufactured by Lynch Diversified Vehicles. The new scene response vehicle will cost $171,476, to be funded from the Camera Radar Reserve account. BACKGROUND / DISCUSSION Police Services currently uses a repurposed 1993 transport van, originally retired from the Dial- a-Ride fleet in 2003, for primary response to major vehicle collisions within the city. The purpose of this vehicle is to provide broad capability to secure a large traffic collision scene, mark lane closures, establish detours, and create a safe work zone for both officers and citizens. Additionally, the vehicle carries a portable generator, portable lighting, scene reconstruction equipment, and a work space for officers to interview involved parties and coordinate the scene. The current vehicle is well beyond its useful service life, retired from the Dial-a-Ride fleet with almost 200,000 miles and ongoing maintenance issues. It was repurposed in March 2004 as a stop-gap to address existing police needs until a long-term solution could be determined. While a permanent replacement vehicle was considered as long ago as 2006, other budgetary priorities took precedence at the time, leading to increased maintenance investment over the following years to keep the response vehicle mission capable. The last three years have seen a significant increase in vehicle maintenance issues, and consequently, a decrease in availability and productive use of this vehicle to respond to scenes. The current vehicle frequently will not start when needed, leading to gaps in the ability of Police Services to deliver equipment to major collision investigations or other scenes. Officers often make frequent trips to the vehicle when it is inoperable to retrieve needed equipment as an investigation unfolds, or simply to have needed equipment available at the onset of the investigation, resulting in increased closure time of roadways and lost productivity. Frequently, an engine and crew from Poudre Fire Authority are also requested to provide lighting to the scene in order to overcome the limitations of the existing vehicle, at the expense of taking an engine and crew out of service for the duration of the event. Packet Pg. 19 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 372 Police Services has identified a suitable replacement step-van style vehicle manufactured by Lynch Diversified Vehicles (LDV) and seeks to fund the purchase of the new vehicle, based on specifications subjected by LDV, for $171,476. The purchase will be funded from the Camera Radar Reserve account. Police Services and other City departments have historically requested funding from this account for capital acquisitions that impact traffic safety within the community. While the LDV vehicle will be used in multiple scene command and control roles across the organization, as is the current scene response vehicle, 90% of its use will be dedicated to major traffic collision scene response, providing necessary equipment to secure the scene, relieve existing officers, and investigate the incident. Based on a proven step-van design, the new LDV vehicle is capable of providing all of the functionality of the existing vehicle and carrying capacity for the assorted equipment currently deployed, as well as having on-board capability to provide night scene lighting without having to draw resources away from Poudre Fire Authority. The layout of the LDV vehicle reflects a minimalist, right-sized approach that still meets the mission needs of Police Services. With a design similar to commercial service vehicles, the layout incorporates seating for a small workstation and equipment storage in the cargo area, shelter from the elements, and a separate rear utility storage area for portable traffic control signs, 100+ traffic cones, roadway lighting, etc. (Attachment 1). In addition to being more efficient, this design increases employee safety by separating and securing hundreds of pounds of equipment away from the driver. Such equipment was previously stored throughout the van, including immediately behind the driver. The features of the new vehicle will minimize the risk of secondary injury in the event of an impact. Additionally, it is anticipated that, due to its layout and design features, the new vehicle will be a more useful scene response/command vehicle for special events and other scenes that don't warrant deployment of the larger Interagency Command Post shared with Poudre Fire Authority. The anticipated service life of this new vehicle is 20 years. FINANCIAL / ECONOMIC IMPACTS The LDV vehicle will be procured via City purchasing regulations and procedures to maximize the purchasing value of public funds following a fair and equitable process. An advertised bid was conducted to determine the low, responsible, and responsive bidder that met the required vehicle specifications.” Councilmemeber Cunniff requested information regarding the typical cost for police scene response vehicles, comparables from other communities, details regarding past uses of the camera radar fund, and a triple bottom line analysis of the carbon footprint of these vehicles. Captain Jerry Schiager, Police Services, replied comparable vehicles range in price from $124,000 to just over $200,000. He stated this vehicle went through a competitive bid process and is rather simple in design, with the exception of about $30,000 in lighting. He stated the camera radar fund brings in $600,000-700,000 per year; approximately 60-70% of which goes back to the contractor for management and maintenance. The fund has been used for equipment for the Traffic Unit, radar guns, and automated ticket writers. Additionally, $50,000 per year goes to the Safe Ride Home program. Captain Schiager stated the carbon footprint of this new truck, with a gas V10 engine, is about half that of the 20-year old propane-fueled vehicle. He noted the vehicle is not a particularly high mileage vehicle. Packet Pg. 20 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 373 Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 155, 2013, on First Reading. Councilmember Cunniff stated he would support the motion and thanked staff for the response. The vote on the motion was as follows: Yeas: Horak, Campana, Overbeck, Cunniff, Troxell and Poppaw. Nays: none. THE MOTION CARRIED. Items Relating to West Vine Basin Stormwater Improvements, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. Resolution 2013-088 Authorizing the Execution of a Supplemental Intergovernmental Agreement between the City and Larimer County for the Construction of Certain Stormwater Improvements in the West Vine Basin. B. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Construction of Certain Stormwater Improvements in the West Vine Basin. The purpose of this item is to approve an Intergovernmental Agreement (IGA) between the City and Larimer County to share funds for the construction of the West Vine Basin Stormwater Outfall Channel from Vine Drive north to the Cache la Poudre River. BACKGROUND / DISCUSSION In 1997, the City of Fort Collins and Larimer County entered into an IGA (Attachment 1) addressing stormwater management matters in the West Vine storm drainage basin. The IGA allows for the sharing of costs by the City and County associated with the analysis, design, and construction of storm water improvements needed to relieve flooding and associated property damage in the West Vine Basin. In 2004, City Council adopted the Stormwater Master Plan Update (Master Plan) for the City of Fort Collins. The Master Plan included stormwater improvements for the West Vine Basin, located in the northwest portion of the city (Attachment 2). The existing 100-year floodplain indicates that stormwater flows will inundate numerous properties in the basin and overtop several major roads, including Shields Street north of Vine Drive (Attachment 3). The Master Plan identifies a number of proposed improvements to mitigate the boundary limits of the 100- year floodplain. Specifically, the Master Plan calls for a stormwater outfall channel from the Cache la Poudre River south to Vine Drive and west to the Forney Detention Pond near North Taft Hill Road and West Vine Drive. Packet Pg. 21 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 374 In October 2011, Larimer County initiated the North Shields Street widening project, which includes the widening of Shields Street from Willox Lane south to the Arthur Ditch, which is situated just north of Vine Drive. The County project includes the widening of Shields Street from approximately 24 feet to 64 feet, and the replacement of the Shields Street Bridge over the Cache la Poudre River. In order to mitigate potential flooding at the Shields Street project, the County approached City staff with a proposal to team with the City to analyze, design, and construct the lower portions of the City’s Master Plan Outfall Channel. The existing 100-year West Vine Basin floodplain currently overtops Shields Street just north of the Arthur Ditch, and any future improvements to Shields Street will need to accommodate this 100-year flow of approximately 1,200 cubic feet per second (cfs). Rather than construct a large culvert or bridge system at this overtopping location, the County proposed to team with the City to design and construct the Master Plan stormwater outfall channel from at least Vine Drive north to the Cache la Poudre River. The Outfall Channel, as currently shown in the Master Plan, would convey the 100-year stormwater flows along the west side of Shields Street to the river, thus eliminating the need to build a bridge or culvert system on North Shields Street. In May 2012, the City and the County signed an amendment to the 1997 IGA to share costs for the analysis and design of the Outfall Channel with the understanding that a future IGA amendment would be implemented for the construction of the designed stormwater improvements (Attachment 4). During 2012 and 2013, city staff and the project team have finalized a selected alternative, negotiated the necessary land acquisition, and have prepared a 60% level design for the project. A construction cost estimate has been prepared for the project, with the intention of starting project construction in December 2013. It is anticipated that 100% design level plans will be completed in the next two months. Prior to construction, the City and Larimer County both need to approve and execute the IGA to allow for the sharing of respective construction funds for the West Vine Outfall Channel project. FINANCIAL / ECONOMIC IMPACTS The estimated construction cost associated with the project is $2,301,000. The City has agreed to fund up to $1,201,000 of the project costs, with Larimer County paying the remaining $1,100,000 of the construction costs. These costs are based upon a 50% level design for the project and may be subject to change as the project design progresses. A 2013-14 BFO offer to include the City’s portion of the future construction costs for the Outfall Channel was submitted in May 2012. Upon execution of the IGA, the County shall transfer to the City no less than $612,500. Per the April 2012 IGA Amendment, the City is crediting the County for one-half (1/2) the cost of the previous completed Design Phase with this transfer. A summary of the total estimated costs for the current project phase is shown in Attachment 5. Through the financial partnership with Larimer County, the City’s financial contribution toward the completion of the project will be approximately half of that originally estimated and identified in the Master Plan. The project will also eliminate the need for a costly bridge/culvert system under North Shields Street; a system which could eventually become unnecessary as a result of continued future upstream construction of the Outfall Channel. The Outfall Channel will fully contain the 100-year floodplain, eliminating potentially life-threatening road overtopping situations and flood damages for several homes and properties in the basin. Packet Pg. 22 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 375 The IGA amendment terms include an approximately 50%-50% cost share between the City and the County, respectively, up to a maximum of the funds currently available from each entity. The specific language describing the supplement to the 1997 IGA is included in the new IGA, and is an Exhibit to the Resolution. The IGA amendment also includes a funding arrangement that allows for future cost sharing between the City and the County to be based on a mutually agreeable cost breakdown, rather than the current sharing arrangement, which dictates that costs are shared based on the amount of fees collected by each entity from within the basin. ENVIRONMENTAL IMPACTS The construction of the Outfall Channel will allow for the reconnection of the historic Soldier Canyon Creek to the Cache la Poudre River. The Creek has been lost to development through the years, and only isolated portions remain today. The Outfall Channel has been designed in such a manner to improve the wildlife habitat and connectivity along the length of the channel, west through the basin from the Cache la Poudre River to Vine Drive and further west to the foothills in future phases. The Outfall Channel includes stormwater quality treatment facilities that will improve the quality of the stormwater runoff prior to reaching the Cache la Poudre River. Wetlands will also be planted in the bottom of the channel to mitigate any wetlands impacted by the project. BOARD / COMMISSION RECOMMENDATIONS The Master Plan improvements for the West Vine Basin, including the Outfall Channel, were presented to and adopted by various City boards and commissions as part of the Master Drainage Plan adoption process in the early 2000s. A memorandum describing the project was sent to City Council in January 2013 (Attachment 6). The project has also been included in the Capital Projects section of the City Managers Update over the last 6 months. PUBLIC OUTREACH Several public open houses were held in the early 2000s to present the results of the West Vine Basin Master Drainage Plan to the residents of the area. The Outfall Channel was included in the Master Drainage Plan at the time. City and County staff have met with affected landowners along Shields Street in 2011 and 2012 to discuss both the Shields Street widening project and the Outfall Channel project. Alternative alignments for the Outfall Channel were presented to the landowners, along with potential impacts to their properties as a result of the widening of Shields Street. Several meetings have taken place with the affected landowners as well as an open house in August 2012 at Lincoln Junior High School to present the findings of the alternative analysis phase of both projects to the residents of the basin. The project was also presented to the public at the Poudre River Open House at the Lincoln center on June 26, 2013. A project website is located on the Fort Collins Utilities web page. It is the City’s intent to continue to combine the public outreach efforts for the West Vine Outfall Channel and the North Shields Street projects to maximize the combined resources of the City and the County and to be concise and consistent in the public outreach phase of both projects. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Packet Pg. 23 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 376 Eric Sutherland, 3520 Golden Currant, stated the West Vine Stormwater Project was budgeted and audited through Larimer County but that was not the case with the Boxelder Stormwater Authority. Councilmember Troxell made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2013-088. Yeas: Overbeck, Cunniff, Troxell, Poppaw and Horak. Nays: none. THE MOTION CARRIED. Councilmember Troxell made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 156, 2013, on First Reading. Yeas: Overbeck, Cunniff, Troxell, Poppaw and Horak. Nays: none. THE MOTION CARRIED. Ordinance No. 158, 2013, Amending Article III of Chapter 12 of the City Code Pertaining to Smoking in Public Areas, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to propose an expansion of the City’s Smoking Ordinance to include smoke-free outdoor dining areas, bar patios, and Transfort’s public transit facilities, shelters, benches, and platforms. This item proposes expansion of the City’s Smoking Ordinance to include outdoor dining areas, bar patios, and Transfort’s public transit facilities in response to citizen feedback, enforcement issues, health impacts, and best practices. Research is beginning to indicate that outdoor exposure to secondhand smoke has negative health impacts, and both local and national trends show an increase in smoking regulations in outdoor areas. The City of Fort Collins Neighborhood Services and Transfort Departments worked closely with the Larimer County Department of Health and Environment to research public health trends and best practices regarding smoking regulations. BACKGROUND / DISCUSSION History In 1984, Fort Collins was the first city in Colorado to pass a comprehensive smoking ordinance. The ordinance limited smoking in public buildings and required restaurants to have no-smoking sections. It was passed by City Council but then placed onto the ballot by referendum. The voters passed the referendum, agreeing with the City ordinance, and made history because it was only the second time the tobacco industry had been defeated on the ballot (the first time was in San Francisco in 1982). In 2003, Fort Collins was one of the first communities in Colorado to Packet Pg. 24 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 377 designate bars, restaurants, and workplaces as smoke-free. In 2006, the Fort Collins’ Smoking Ordinance was amended to conform to the Colorado Indoor Clean Air Act which helped the community regulate smoking in all indoor public places. The City of Fort Collins has a history of working collaboratively with the Larimer County Department of Health and Environment and Tobacco Free Larimer County. Both agencies assisted when the City adopted the smoking ordinance prohibiting smoking in all indoor public places. The agencies collaborate to provide community education, training, signs and other educational materials, research data and trends, evidence-based public health information, and on-going education and information sharing. Over the past 2-3 years, enforcement issues and citizen concerns regarding the City’s current smoking ordinance have been increasing. Based on requests from citizens, staff worked with Larimer County and began exploring options to strengthen or expand the smoking ordinance. One of the key areas of concern and confusion was related to whether there is already a ban on smoking in outdoor dining areas/patios. This confusion stemmed from the current regulation that requires no smoking within 20 feet of doors. This regulation resulted in some establishments being able to allow smoking on patio tables that are more than 20 feet from a door, so some patios could allow some smoking while others were too small to allow any and others simply chose not to allow it at all. Ultimately, people were confused about whether smoking was allowed on patios. Additionally, in 2012, Larimer County Department of Health and Environment had staff and resources available to work collaboratively with Neighborhood Services and Transfort to research, survey, and develop options regarding smoking in outdoor public places. Larimer County received the Tobacco Education, Prevention, and Cessation grant from the Colorado Department of Public Health and Environment in order to help support some of the work and research involved in this effort. If Council chooses to adopt this Code expansion, the grant money will also help fund signage to businesses for their patios as well as some Transfort signage. City Council discussed this item at its August 13, 2013 Work Session (See Attachment 1 for summary). Council directed staff to move forward with the smoking ordinance expansion options. Health Impacts (See Attachments 2 and 3) Secondhand smoke has been designated as a human cancer-causing agent by the Environmental Protection Agency (EPA) and several other national and state agencies. Various Surgeon Generals’ reports advise that “there is no safe level of secondhand smoke”. Recent research conducted in 2010 concludes that even short term exposure to tobacco smoke has an immediate effect on the systems of the body. New methods of measurement show poisonous particulates from tobacco smoke in outdoor areas near buildings, covered areas, and restaurant and bar patios and service lines are significant, especially when in close proximity to others. Both national and local studies (done in Greeley and Pueblo) show communities with indoor smoke- free laws generally have fewer overall hospitalizations for heart attacks and respiratory emergencies. Packet Pg. 25 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 378 It is well known that exposure to secondhand smoke causes lung cancer, increased risks for other cancers, and respiratory illnesses. The Center for Disease Control recommends designating smoke-free areas as a proven practice to improve health. Additionally, chronic diseases such as asthma, heart disease, and lung disease get worse upon secondhand smoke exposure. Drifting tobacco smoke can trigger asthmatic attacks, bronchial infections, and other serious health problems in nonsmokers. Expanding smoke-free areas offers more protection for the health of the community. More specifically, measurements of secondhand smoke conducted in a variety of outdoor locations by the California Air Resources Board in 2008, found that in many settings, especially next to buildings, concentrations of secondhand smoke are comparable to indoor concentrations where smoking is permitted. The Environmental Protection Agency uses the air quality index (AQI) with rating levels from 0-500. It is helpful to know that corresponding health advisory categories range from good (AQI of 50 or below) to very hazardous (AQI rating above 400). Recent studies at outdoor dining areas and bar patios where smoking was allowed measured an AQI of above 150 which corresponds to a health advisory indicating that the air is unhealthy for everyone. (Attachment 3) National and Local Trends (Attachment 2) There are growing trends, both nationally and locally, toward having outdoor smoke-free environments. Nationally, 266 municipalities have smoke-free outdoor dining, 126 municipalities have smoke-free outdoor dining areas and bar patios, and 313 municipalities have smoke-free outdoor transit areas. Approximately, 2,300 regulations exist within states, cities, and counties that restrict smoking in other outdoor areas including: parks, beaches, stadiums, entertainment venues, etc. In Colorado, seven municipalities have adopted smoke-free outdoor dining areas and bar patios, and five municipalities have smoke-free outdoor public transit waiting area laws. According to a 2013 national Gallup survey, almost 60% of respondents supported no smoking laws/rules in public places. This is up from 30% in 2003. Additionally, 53% of respondents in the Health District of Northern Colorado 2010 Community Health Survey said it was not acceptable to smoke in public. Fort Collins is known as a healthy community. The rate of cigarette use among residents continues to drop and is currently at 11.3% according to the Health District of Northern Colorado 2010 Survey. This puts Fort Collins ahead of most communities in reaching the Healthy People 2010 goal for reducing cigarette use to below 12%. Smoke-free areas are a proven public health strategy to reduce use. The City’s smoking ordinance adopted in 2003 is likely a contributing factor for the significant 3% drop in cigarette use from 2001 to 2004. Additionally, tobacco rates are considered when overall health ratings of a community are determined, and Fort Collins has received various healthy community designations which lend to the community and provide economic appeal. Packet Pg. 26 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 379 Current Smoking Ordinance Currently, the City of Fort Collins smoking ordinance prohibits smoking in the following places:  Places of employment  Public buildings  Businesses used by the public (including bowling alleys and bingo parlors)  Indoor restaurants, cafes, coffee shops, and bars  Indoor common areas (lobbies, hallways, clubhouses, etc.) of multi-family residential complexes  20 feet from all entryways of places of employment, public buildings, and businesses. The current penalty is a criminal misdemeanor with fines up to $1,000 and/or up to 180 days in jail. Enforcement is done by Code Compliance by responding to complaints and doing some proactive patrols downtown. Overall, compliance with the current smoking ordinance has been successful with relatively few complaints received and little enforcement action needed. Since 2003, Code Compliance has received approximately 350 complaints, issued 7 citations, and gained voluntary compliance in most cases. Usually, a discussion with the business owner regarding the complaint is enough to resolve the problem. Occasionally, enforcement action must occur. Most of the complaints and inquires occurred during the first couple years after the ordinance was adopted. Smoking Ordinance Expansion Proposal Based on public support, code compliance experience, departmental input from Neighborhood Services and Transfort, and emerging research on public health regarding secondhand smoke in outdoor areas, the proposed expansion of the smoking ordinance includes:  Outdoor dining areas and bar patios  20 feet from outdoor dining areas and bar patios  Outdoor areas at public transit facilities except for a designated smoking area that is 20 feet from building entrances, bus shelters and benches  20 feet from bus stop shelters, benches, and platforms. If Council chooses to adopt these changes, staff will enhance education efforts to impacted restaurants, bars, and transit areas. This will include in-person visits to restaurant and bar owners/managers, information provided to the general public through articles, signs, social media, etc., educational campaigns at transit stations and on busses. Additionally, we will provide additional and improved signage to restaurants and bars with outdoor dining areas or patios, and add new signs at transit facilities. Enforcement efforts will begin with more of an educational approach - including proactive patrols to impacted areas where people will be told about the new, expanded ordinance. Fort Collins Police Services have agreed to partner with and assist Code Compliance with downtown smoking patrols and enforcement as they are able. This will help with the initial enforcement process to ensure compliance is occurring early on since this is when, based on past experience, Packet Pg. 27 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 380 most complaints about violations will likely happen. Continued enforcement will be the responsibility of Code Compliance. Enforcement efforts at/on transit facilities will be coordinated by transit security. Implementation Staff recommends an implementation date of January 1, 2014. This will give staff enough time to get the signs made and delivered/hung, educational materials made, as well as to conduct public outreach. FINANCIAL / ECONOMIC IMPACTS There may be some financial impact to local businesses due to the expansion of the smoking ordinance with either an increase or decrease in business. There will be no increase to the City budget; however, enforcement and educational efforts will utilize existing City resources. ENVIRONMENTAL IMPACTS There will be improved air quality in outdoor dining areas, bar patios, and transit locations due to less secondhand smoke exposure. BOARD / COMMISSION RECOMMENDATION The Air Quality Advisory Board voted to support the proposed expansion of the smoking ordinance at their September 16, 2013 meeting (Attachment 4). PUBLIC OUTREACH In late 2012 and early 2013, City staff conducted outreach and informal surveys to gather local input regarding the possibility of expanding the local smoking ordinance to outdoor dining areas and bar patios. The following input was received: Fort Collins Survey - General Public (1,358 respondents) Do you support smoke-free outdoor dining areas and bar patios?   Strongly support 61.1%  Somewhat support 6.8%  Don’t know 1.7%  Somewhat oppose 7.9%  Strongly oppose 22.5% 68% of respondents support expanding the smoking ordinance to include outdoor dining areas and bar patios. Only 16% of respondents indicate that they currently experience problems with exposure to secondhand smoke in these outdoor areas. Packet Pg. 28 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 381 Fort Collins Survey - Restaurant/Bar Managers (14 respondents - focused on businesses that currently allow smoking on their outdoor patios) Has the existing indoor smoke-free laws affected business?   No impact/neutral 42.9%  Positive impact 35.7%  Negative impact 14.3%  Don’t know 7.1% 57% of respondents currently allow smoking on their outdoor dining area or bar patio. 57% of respondents do not support an expansion of the smoking ordinance. Staff also interviewed Transfort riders and conducted an online survey to try to understand the level of support for implementing smoke-free policies in transit areas and 20-foot perimeter from bus shelters, benches and platforms. The following input was received: Transfort Riders Survey (115 riders interviewed)   Support smoke-free policies 60%  Oppose smoke-free polices 33%  Don’t know 7% Transfort On-line Survey (41 respondents)   Support smoke-free policies 88%  Oppose smoke-free policies 12% Additionally, the following outreach methods were used: Coloradoan Articles CityNews article Social Media Presentations to the Air Quality Advisory Board City Council Work Session (August 13, 2013)” Beth Sowder, Neighborhood Services Manager, stated this item proposes to expand the current City smoking Ordinance to smoke-free outdoor dining areas, bar patios, 20 feet from those patios and dining areas, and Transfort’s transit facilities, shelters, benches and platforms. She provided the history of the smoking Ordinance in the City and stated the need for this expansion is due to citizen input, and confusion regarding the current Ordinance and its enforcement. Sowder went on to discuss the recent findings relating to air quality and other negative effects of smoking in outdoor dining areas. She reviewed the City’s current smoking Ordinance and discussed the enhanced educational efforts which will be a part of any new adopted Ordinance, which is recommended to take effect January 1, 2014. Packet Pg. 29 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 382 Kim Sharpe, Healthier Communities Coalition of Larimer County, supported adoption of the Ordinance. Cory Carroll, 3213 Nelson Lane, supported adoption of the Ordinance. Siyu Wu, Youth Advisory Board, supported adoption of the Ordinance. Ben Peart, Tony’s Restaurant and Lounge, opposed adoption of the Ordinance as written and noted businesses have put forth significant investments to create responsible smoking patios and other outdoor areas. He suggested amending the Ordinance to allow businesses to allow smoking in patios and outdoor areas that are away from the public. Peter Munro, Estoria Bar, opposed adoption of the Ordinance and stated he was never contacted regarding this potential change. Dan Sapienza, Larimer County Health District, supported adoption of the Ordinance. Mica Pepin, Tobacco No Youth Coalition, supported adoption of the Ordinance. Kim Snodgrass, Surfside 7, opposed adoption of the Ordinance expressing concern this action will push smokers into more public areas. Nimue Jennings-Ling, Tobacco No Youth Coalition, supported adoption of the Ordinance. Gillian Breuer, Tobacco No Youth Coalition, supported adoption of the Ordinance. Demitrius Katopudis, Tony’s Restaurant and Lounge, opposed adoption of the Ordinance as written and suggested amending the Ordinance to allow businesses to allow smoking in patios and outdoor areas that are away from the public. Mackenzie Weitzel, Health for the Associated Students of Colorado State University, presented data from a CSU student survey and stated the majority of students support adoption of the Ordinance. Tucker Veltcamp, bartender and CSU student, opposed adoption of the Ordinance as written and expressed concern the ban could negatively affect employees. Vivian Armendariz, 820 Merganser Drive, supported adoption of the Ordinance and asked how the Ordinance will be enforced. She asked if it would be possible to ban smoking in Old Town Square. Councilmember Cunniff asked if it would be possible to include Old Town Square in the smoking ban. Sowder replied a staff group has been formed to discuss the possibility of those types of additional areas. Councilmember Cunniff stated the 20-foot ban has been less uniformly enforced than the indoor ban and asked if it is possible to increase enforcement. Polly Lauridsen, Code Compliance Packet Pg. 30 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 383 Supervisor, replied proactive patrols will be increased and District 1 officers will be utilized as well. Councilmember Troxell requested a timeline of the inclusion of other areas, such as Old Town Square. Sowder replied staff is anticipating a spring work session for the additional items. Mayor Pro Tem Horak asked how the restaurant and bar outreach was conducted. Sowder replied staff did not know the Estoria patio was large enough to allow smoking, which is why they were not contacted as part of the outreach for this item. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 158, 2013, on First Reading. Councilmember Cunniff expressed support for the motion and supported moving forward with other areas, such as Old Town Square and on trails and in parks. Mayor Pro Tem Horak supported the Ordinance and suggested staff research how other communities have dealt with the issue of patios and other outdoor smoking areas. The vote on the motion was as follows: Yeas: Cunniff, Troxell, Poppaw, Horak, Campana and Overbeck. Nays: none. THE MOTION CARRIED. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Items Relating to Utility Rates, Fees and Charges for 2014, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 146, 2013, Amending Chapter 26 of the City Code to Revise the Electric Rates, Fees and Charges. B. Second Reading of Ordinance No. 147, 2013, Amending Chapter 26 of the City Code to Revise the Electric Development Fees and Charges. C. Second Reading of Ordinance No. 148, 2013, Amending Chapter 26 of the City Code of the City of Fort Collins to the Revise Water Rates and Charges. D. Second Reading of Ordinance No. 149, 2013, Amending Chapter 26 of the City Code to Revise the Water Plant Investment Fees. E. Second Reading of Ordinance No. 150, 2013, Amending Chapter 26 of the City Code to Revise the Wastewater Rates and Charges. Packet Pg. 31 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 384 F. Second Reading of Ordinance No. 151, 2013, Amending Chapter 26 of the City Code of the City of Fort Collins to Revise the Sewer Plant Investment Fees. G. Second Reading of Ordinance No. 152, 2013, Amending Chapter 26 of the City Code to Revise the Stormwater Plant Investment Fees. H. Postponement of Second Reading of Ordinance No. 153, 2013, Amending Chapter 10 of the City Code of the City of Fort Collins to Revise Floodplain Permit Fees Indefinitely. The purpose of this item is to adopt the 2014 Utility rates, fees and charges. The approved 2014 City Budget included small gradual rate increases in the electric, water and wastewater utilities. The rate increases being proposed in these Ordinances are consistent with or less than what is shown in the approved 2014 City Budget. These Ordinances were adopted on First Reading on October 15, 2013. Councilmember Campana recused himself from the discussion. Ordinance Nos. 146 (Electric Rates), 148 (Water Rates), 149 (Water Plant Investment Fees), 151 (Sewer Plant Investment Fees), 152 (Stormwater Plant Investment Fees) and 153 (Floodplain Permit Fees) were unanimously adopted. Ordinance Nos. 147 (Electric Development Fees), and 150 (Wastewater Rates) were adopted by a vote of 5-1 (Nays: Weitkunat). Ordinance No. 150, 2013 (Wastewater Rates) has been amended on Second Reading to correct an error in the new base charge for 1 1/2" connections to reflect the new base charge of $37.85. Ordinance No. 151, 2013 (Sewer Plant Investment Fees) has been amended on Second Reading to reflect the change from standard fees for 3 inch connections to development specific fees reflected elsewhere in the ordinance. Staff requests that Ordinance No. 153, 2013 (Floodplain Permit Fees) be postponed indefinitely. A new Ordinance will be presented for First Reading on November 19, 2013, that includes all of the permit fee changes being proposed for 2014, some of which were not included in Ordinance No. 153, 2013.” (Secretary’s note: Councilmember Campana was not present for the discussion of this item due to a conflict of interest.) Eric Sutherland, 3520 Golden Currant, stated the public and Council have been misinformed and argued Smart Meters do not save any money or reduce greenhouse gas emissions. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 146, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Packet Pg. 32 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 385 Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 147, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 148, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 149, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 150, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 151, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 152, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to postpone Second Reading of Ordinance No. 153, 2013 indefinitely. Yeas: Troxell, Poppaw, Horak, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Packet Pg. 33 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 386 Ordinance No. 154, 2013, Appropriating Funds from the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of URA Reimbursements for the Capstone Redevelopment Corporation Summit on College Project, and Approving a Loan Agreement for that Purpose, Adopted Option B on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on October 15, 2013 by a vote of 5-2 (Nays: Cunniff, Overbeck) approves a Loan Agreement between the City of Fort Collins and Fort Collins Urban Renewal Authority that will fund the approved $5 million tax increment financing reimbursement to Capstone Development Partners. On the same agenda as Second Reading of the Ordinance, the City Council will consider Resolution 2013-090, to approve a preamble to the Financial Management Policies that recognizes that exceptions to the Policy may be made by Council ordinance or resolution (see Agenda Item No. 13). A revised version of Ordinance No. 154, 2013, to reflect the adoption of Resolution 2013-090 is provided for Council consideration in the event that Resolution 2013-090 is adopted.” Megan Bolin, Economic Health Analyst, stated the purpose of this loan agreement is to allow the URA to fulfill its reimbursement obligation to Capstone Development Partners for The Summit redevelopment project. She showed photos of the site and reviewed The Summit project and reimbursement agreement. Jeff Jones, Capstone Development Partners, expressed appreciation for the TIF approved in 2011 and stated his project is at 96% occupancy. The plan is to build a parking structure on the site, despite the fact it will be a detriment to the financial success of the project, and the approval and financial processes are ongoing. Jim Martell, attorney representing Capstone, stated Council will not be able to fulfill its obligation to the URA or Capstone should this item not be approved. Eric Sutherland, 3520 Golden Currant, argued the City does not have an obligation in place and stated this deal was not put together correctly. Councilmember Troxell asked about Options A and B. City Attorney Roy replied Option A is the same version of the Ordinance approved on First Reading; Option B is recommended by staff to be adopted as Council has adopted the Resolution that approves a new introductory section to the financial management policies under the Consent Calendar. This introduction includes a provision that makes explicit, as part of the policies, Council’s ability to approve exceptions to the policy. Option B makes the finding that extraordinary circumstances exist, and pursuant to the policies and the authority to approve exceptions, Council is approving this loan agreement. Packet Pg. 34 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 387 Councilmember Cunniff asked if there is an estimate of the market rate for loans of this magnitude for the URA. Mike Beckstead, Chief Financial Officer, replied a policy rate is estimated at 4.96%. A market rate would be a function of borrowing costs, taxability of the use of the funds, and other items. Councilmember Overbeck asked if default would actually occur should Council not adopt this Ordinance. Deputy City Attorney Daggett replied it is correct to say that the City would not be in default on an obligation, because the City has not entered into any obligation with respect to this project; however, the issue would relate to the URA’s performance under the redevelopment agreement, which the URA would have difficulty meeting without the City loan. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 154, 2013, Option B, on Second Reading. Councilmember Cunniff expressed concern relating to monitoring of contractual aspects and stated this is poor policy given the variance on actual versus projected revenues. Councilmember Overbeck stated risk needs to be more appropriately managed and reviewed and the terms of this deal need to be further examined. Councilmember Campana stated this developer has done everything it said it would do and the URA went into this agreement with the developer based on the fact that the City was going to provide funds for the loan. He stated the City is not losing money; it is making slightly less interest on its money. Councilmember Troxell stated this is a commitment between the City and URA and the City should stand behind that commitment. Mayor Pro Tem Horak suggested Council may want to consider an Executive Session. Councilmember Poppaw made a motion, seconded by Councilmember Troxell, that the Council go into Executive Session as permitted under Section 2-31(a)(2) of the City Code for the purpose of meeting with the City Attorney, the City Manager, and affected members of City staff to discuss potential litigation and related legal issues. Yeas: Cunniff, Troxell, Poppaw, Horak, Campana and Overbeck. Nays: none. THE MOTION CARRIED. (Council went into executive session at 9:05 p.m. and returned at 9:20 p.m.) Councilmember Cunniff stated the URA is not an entity that has earned the right to get these types of favorable loan terms and argued the project was not built as proposed. Councilmember Troxell stated an agreement was made with the URA and not living up to the agreement is bad for the URA and Fort Collins. Packet Pg. 35 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 388 The vote on the motion was as follows: Yeas: Troxell, Poppaw, Horak and Campana. Nays: Overbeck and Cunniff. THE MOTION CARRIED. Items Relating to the Adoption of the Colorado Water Conservation Board Floodplain Regulations, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 160, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Conform to Colorado Water Conservation Board Floodplain Regulations. B. First Reading of Ordinance No. 161, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Clarify Certain Provisions. C. First Reading of Ordinance No. 162, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Revise Certain Requirements. The purpose of this item is to adopt new minimum statewide floodplain regulations promulgated by the Colorado Water Conservation Board (CWCB) in January 2011 and additional proposed Code language clarifications and City policy revisions. All communities must adopt the CWCB regulations by January 2014. The City of Fort Collins already has adopted many of these standards. Therefore, there are relatively few changes needed to meet the CWCB statewide regulations. BACKGROUND / DISCUSSION CWCB Adoption Rules and Regulations Adoption Process For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP standards, as well as any more restrictive state requirements. The Colorado Water Conservation Board (CWCB) is the state agency responsible for floodplain management. The CWCB commenced a process in 2010 to revise and update the Floodplain Rules and Regulations (Rules) governing floodplains within the State of Colorado. The Rules were initially promulgated in 1987, revised in 2005 and updated in January 2011. As provided in the Colorado Revised Statutes, flooding is considered to be an issue of statewide concern, and therefore any rules governing it will apply statewide in all municipalities and counties, regardless of home rule status. A number of goals were formulated by CWCB staff leading to the stimulus to initiate the revision process. Packet Pg. 36 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 389 1. The need for increased public safety in times of ever-growing flood losses around the country. 2. Regulations that would result in lower flood insurance premiums statewide. 3. Clarification that all state agencies must comply with the Rules. 4. Housekeeping language clarifications and other small items to correct known conflicts from the prior revisions. The CWCB initiated a considerable public outreach process prior to adoption of the Rules. The City of Fort Collins Stormwater staff engaged in various opportunities to learn more about the regulations and informally comment on the proposed standards. The City also discussed the proposed changes with the various City boards and commissions and community organizations, including:  Downtown Development Authority, March 7, 2010  Chamber of Commerce, March 16, 2010  Water Board, March 25, 2010  Council’s Legislative Review Committee, April 13, 2010. Attachment 1 is a letter from Mayor Hutchinson providing formal comment to the CWCB. The City also formally commented in writing (Attachment 2) and orally as part of the official Rule Making Process in November 2010. The City strongly supported the CWCB’s efforts and the CWCB was responsive to the City’s comments and concerns on specific issues. Effective January 14, 2011, the State of Colorado adopted higher standards for floodplain management, which are outlined in the Rules and Regulations for Regulatory Floodplains in Colorado (Rules). The Rules are the minimum standards for the State of Colorado and by extension, the NFIP in Colorado. A three-year implementation was provided, such that all communities have until January 14, 2014 to adopt the new regulations. The Federal Emergency Management Agency and the CWCB both must review any proposed changes to a community’s floodplain regulations to ensure conformance with the minimum standards. Staff has received comments from the CWCB and FEMA and has made minor changes to the proposed revisions to address these comments. This includes updates to the variance Code language related to historic structures and clarifying that freeboard is still required for annexed properties that have a Letter of Map Revision Based on Fill. Comparison of City of Fort Collins Floodplain Regulations to CWCB Minimum Standards The National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS: Packet Pg. 37 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 390 1. Reduce flood damage to insurable property 2. Strengthen and support the insurance aspects of the NFIP 3. Encourage a comprehensive approach to floodplain management. The City of Fort Collins is recognized by FEMA as one of the top 1% of communities in the country with regard to the Community Rating System (CRS) and is the highest rated community in the State of Colorado. Compared to many other communities in Colorado, the City of Fort Collins is required to only make minor code changes to be in compliance with the State Rules. For many communities, the new regulations are more restrictive than their current adopted standards and will result in a major shift in floodplain regulation. The differences between the City’s Current Floodplain Regulations, FEMA minimum standards, new State standards and the proposed City regulations are shown in Attachment 3. A. Ordinance No. 160, 2013 – Amending Chapter 10 of City Code Regarding Flood Hazard Areas to Conform to Colorado Water Conservation Board Floodplain Regulations. There are two criteria from the State Rules that need to be directly included in the City of Fort Collins Regulations. Listed below are the City Code sections and corresponding State Rule with detailed explanations of the changes: 1. 10-16 - Critical Facilities Definition - Rule 6 A (p. 12-14, Attachment 4) - The definition of Critical Facilities has expanded from the definition the City of Fort Collins currently utilizes. Attachment 5 is a table comparing the two definitions. The State has categorized critical facilities into four categories:  Essential Services  Hazardous Material Facilities  At-Risk Population Facilities, and  Government Services. Staff proposes to adopt the State’s general definition for critical facilities and add separate definitions for each of the above categories, providing specific details on what types of facilities are included. Facilities currently regulated by the City and not included in the State’s list have been included into the appropriate category. The State outlines regulatory requirements for Critical facilities in Rule 6 D and E (p. 15, Attachment 4). The State Rules offer communities the option of prohibiting critical facilities in the 100-year floodplain or requiring them to elevate and have dryland access. The City has had the prohibition of critical facilities since 1995. Staff recommends maintaining the prohibition of all critical facilities in the 100-year floodplain because of the truly critical nature of these facilities. In addition, dry access is very difficult to obtain and in many cases infeasible. Only essential services and at-risk population critical facilities will be prohibited in the 500-year floodplain. This change has been incorporated into City Code Section 10-81(a). This matches with Larimer County and the alignment of regulations for the Poudre River that took place in 2007 between the City and County. Packet Pg. 38 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 391 Other sections of code were revised to reflect the new critical facility categories. 2. 10-37(c)(2) b-c - Freeboard - Rule 11 B (p. 23, Attachment 4) - Minimum freeboard for additions and substantial improvements in City and FEMA designated floodplains will change from six inches to one foot to meet the State standard. For reference, it should be noted that in 2005, the City lowered the freeboard for additions and substantial improvements from eighteen inches to 6 inches in City and FEMA designated floodplains. 3. 10-80 and 10-113 - LOMR-Fill Freeboard - Rule 11 C (p.23, Attachment 4) - Requires 1 foot of freeboard for all LOMR-Fill areas, including those where the LOMR-Fill occurred in the past and for those properties annexed into the City of Fort Collins. The requirement for a floodplain use permit is also included. There are three policies in the City of Fort Collins Regulations that are no longer valid given the adoption of the State Rules. Listed below are the City Code sections and corresponding State Rule with explanations of the changes: 1. 10-29(c) and 10-29(d) - Hardship Exemption - Rule 15 (p. 27. Attachment 4) - Variances. The City currently does not require hardship to be shown when seeking a variance in a City Basin Floodplain. The new State standards require hardship be shown for any variances to the State Rules. 2. 10-138(3)b-c., 10-139(3)c-d., and 140(3)c-d -Remodeling - Rule 11 A (p. 23, Attachment 4) - Remodeling criteria in City Basin floodplains will need to meet the minimum FEMA standards. (i.e., “Pop-top” additions in City Floodplains will no longer be treated differently than any other remodel. All improvements, including those on floors above the flood elevation, will be counted toward substantial improvement.) For reference, it should be noted that in 2005, this standard was lowered from the minimum NFIP regulation to accommodate easier redevelopment in City Basins, such as Old Town. 3. 10-114 - Waivers - Rule 5 (p. 11, Attachment 4) - Waivers for properties expected to be removed from a City Basin floodplain by construction of a Capital Improvement Project will no longer be allowed. The property will be required to conform to the floodplain regulations of Chapter 10 until the Capital Project is complete and the mapping has been updated to formally remove the property from the floodplain. The waiver policy was implemented in 2005 to allow development in City Basin floodplains to not have to wait for completion of a project and the corresponding remapping. New Section Heading for Division 5 - Because the City Basin Floodplains will now be administered nearly identically to the FEMA Basin Floodplains, Division 6 has been removed. Division 5 will be renamed to be “FEMA BASIN and CITY BASIN FLOODPLAINS”. Necessary code sections from Division 6 that are not already included in Division 5, have been moved and incorporated into Division 5. (Example: Section 10-143 moved to now be 10-114) Packet Pg. 39 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 392 Additional Required Changes 10-16 Definitions - Add a definition for the word “Colorado Floodplain Regulations.” 10-16 Definitions - Add a definition for the word “Conditional Letter of Map Revision. (CLOMR)” 10-16 - Definitions - Flood Hazard Area is modified to include areas removed from the floodplain by a LOMR-Fill 10-16 - Definitions - Add a definition for the word “Physical Map Revision (PMR).” 10-16 - Definitions - Add a definition for the word “Preliminary Map Revision.” 10-20 - Application to Certain Lands - Clarification that properties removed from the floodplain by a LOMR-Fill are subject to the provisions of this Article. 10-27 Floodplain Use Permit - minor wording change 10-29 Conditions for Variance - wording changes required by FEMA for historic structures. 10-41 Specific Standards for Mobile Buildings and Manufactured Homes - Details regarding acceptable methods for mobile home installation are removed from code. Many of these methods are no longer used. The FEMA publication has been updated and will be used for determining acceptable installation methods. B. Ordinance No. 161, 2013 – Amending Chapter 10 of City Code Regarding Flood Hazard Areas to Clarify Certain Provisions. Several clarification items have been identified by staff to assist in implementing the CWCB regulations and the City’s current Code language. These items include references to updated FEMA publications, code language that is not written clearly, and clarification of long-standing policies and practices that will help staff and applicants with understanding the floodplain requirements. Listed below are the City Code sections along with an explanation of the proposed change: 10-16 - Definitions - Add a definition for the word “Abandoned” to facilitate implementation of the nonconforming structures standards in Section 10-46(1). 10-16 Definitions - Cumulative Substantial Improvements - clarify that this value is tracked only during the time period that the structure is mapped in the floodplain. A provision is being added clarifying ordinary maintenance repairs are not to be included in the calculation of cumulative substantial improvement so long as there are no other structural improvements taking place. If structural improvements are taking place, then these items are still to be included in the calculation of substantial improvement or cumulative substantial improvement. This has been standard practice for over 16 years. 10-16 - Definitions - Add a definition for the word “hardship”. This was at the request of the Water Board. The definition is based on FEMA guidance. 10-16 - Definitions - Letter of Map Amendment and Letter of Map Revision revise by removing the word “National.” 10-16 - Definitions - Market value is modified with minor clarifications. 10-16 - Definitions - Start of Construction is modified with minor clarifications. 10-16 - Definitions - Substantial Improvement is modified to clarify how the time period for calculation of substantial improvement is determined. A provision is being added Packet Pg. 40 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 393 clarifying ordinary maintenance repairs are not to be included in the calculation of substantial improvement so long as there are no other structural improvements taking place. If structural improvements are taking place, then these items are still to be included in the calculation of substantial improvement or cumulative substantial improvement. This has been standard practice for over 16 years. 10-26(4) Executive Director’s Powers and Duties - Revise to only allow a Professional Land Surveyor to complete a FEMA Elevation Certificate. This is per State law regarding who is allowed to certify elevations. 10-26(11) - Provide the Executive Director the ability to require escrow for improvements that are required as part of approval of a floodplain use permit. 10-27 Floodplain Use Permit - Add several clarifications:  Clarify the standards that should be used when preparing floodplain mapping. All floodplain mapping should meet the requirements set forth in the latest version of the FEMA publication, “Guidelines and Specifications for Flood Hazard Mapping Partners.”  Clarify that an escrow may be required. 10-37 General Provisions related to Elevation of Structures - Add a provision clarifying that a FEMA Elevation Certificate or FEMA Floodproofing Certificate is required to be submitted and approved for any structure required to elevate under the provisions of 10- 37. This is a minimum FEMA requirement and has been in practice by the City for over 20 years per 10-26 (4) Executive Director’s Power’s and Duties. Stating this requirement in Section 10-37 will provide clarification on this requirement for applicants. 10-38 Specific Standards for Floodproofing - clarified that Section 10-38(3)a. is a “pre- construction” floodproofing certificate and 10-38(4) is a “post-construction” elevation certificate. C. Ordinance No. 162, 2013 – Amending Chapter 10 of City Code Regarding Flood Hazard Areas to Revise Certain Requirements. Unrelated to the State mandatory changes, City staff has identified policy and procedure changes to the City’s floodplain regulations. Listed below are the City code sections along with an explanation of the proposed change: 10-45 - Map Revision Criteria - Refine the criteria for when map revisions are needed when working in the floodway and the flood elevation is decreasing. This allows projects to progress to construction faster, by shifting some of the documentation to the end of the project, rather than the beginning. This new standard will be in alignment with State minimum requirements. The City’s Streets Department Pavement Management Program will benefit from this change. However, it may result in portions of projects needing to be redone because not enough analysis was provided at the front-end of the project and problems are then discovered at the back-end. In certain situations, this may also lead to the City’s mapping becoming out-of-date and/or shifting the responsibility of updates to subsequent private applicants or the City’s Stormwater Department. 10-80 - Emergency Response and Preparedness Plan Requirement for LOMR-Fill Areas - Adds a provision that an Emergency Response and Preparedness Plan (ERPP) as specified Packet Pg. 41 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 394 in City Code Section 10-48 shall remain applicable when a Letter of Map Revision based on Fill (LOMR-F) has been issued. This provision should have been included in March 2013 when the ERPP code language was adopted. 10-80 - Freeboard for LOMR-Fill Areas - For LOMR-Fill areas that did not have a required freeboard as a condition of their approval or that were annexed into the City of Fort Collins, this provision increases the required freeboard for LOMR-Fill from the minimum one foot State requirement, as provided in Ordinance A, to the elevation requirements set forth in Section 10-37. 10-80 - Removal of Property from the Poudre River Flood Fringe - Adds a provision that the requirements of this section apply even if the Letter of Map Revision (LOMR-F) occurred when not located in the City. This closes a loop-hole of obtaining a LOMR-F prior to annexation and then not being subject to the conditions established for properties in the City that go through the same processes. This is especially important related the prohibition of residential structures and critical facilities on LOMR-F areas in the Poudre River floodplain. A provision is included that stipulates that this requirement does not apply to properties already annexed into the City, except for the freeboard requirement, as required by the CWCB. 10-113 - Freeboard for LOMR-Fill Areas - For LOMR-Fill areas that did not have a required freeboard as a condition of their approval or that were annexed into the City of Fort Collins, this provision increases the required freeboard for LOMR-Fill from the minimum one foot State requirement, as provided in Ordinance A, to the elevation requirements set forth in Section 10-37. 10-113 - Removal of Property from the Flood Fringe of FEMA Basin Floodplains - Adds a provision that the requirements of this section apply even if the LOMF-F occurred when not located in the City. This closes a loop-hole of obtaining a LOMR-F prior to annexation and then not being subject to the conditions established for properties in the City that go through the same processes. This is especially important related the prohibition of critical facilities on LOMR-F areas in the FEMA Basin floodplains. A provision is included that stipulates that this requirement does not apply to properties already annexed into the City, except for the freeboard requirement, as required by the CWCB. FINANCIAL / ECONOMIC IMPACTS There will be some short-term financial impacts to some floodplain properties due to the adoption of the Statewide Floodplain Regulations that require properties to follow certain new regulations. However, these regulations are also designed to provide long-term financial benefits by protecting properties from flood damage. If the CWCB regulations were not to be adopted by the City, there could be significant financial impacts because the community could be placed on probation or be suspended from the National Flood Insurance Program. Attachment 6 is a letter from FEMA to the State outlining the consequences for communities that do not adopt the CWCB’s Rules and Regulations. ENVIRONMENTAL IMPACTS There will be some short-term financial impacts to some floodplain properties due to the adoption of the Statewide Floodplain Regulations that require properties to follow certain new regulations. However, these regulations are also designed to provide long-term financial Packet Pg. 42 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 395 benefits by protecting properties from flood damage. If the CWCB regulations were not to be adopted by the City, there could be significant financial impacts because the community could be placed on probation or be suspended from the National Flood Insurance Program. Attachment 6 is a letter from FEMA to the State outlining the consequences for communities that do not adopt the CWCB’s Rules and Regulations. BOARD / COMMISSION RECOMMENDATIONS The Water Board and Planning and Zoning Board each had a work session on this issue and then took action at a regular meeting. The Water Board voted unanimously in favor of the proposed changes. Attachment 7 is an excerpt from the Water Board minutes. The Planning and Zoning Board motion to recommend the proposed changes failed by a 3-3 vote. Attachment 8 is an excerpt for the Planning and Zoning Board Minutes. PUBLIC OUTREACH City staff conducted public outreach during July and August to make the public aware of these required changes. A press release was issued and a web site was created. Presentations were given to the following groups/organizations:  Chamber of Commerce - August 23, 2013  Home Builders Association - August 27, 2013  City Staff - August 20, 2013 and August 29, 2013  Landmark Preservation Commission - scheduled for October 23, 2013 The following groups were contacted, but declined a presentation:   North Fort Collins Business Association  South Fort Collins Business Association  Downtown Development Authority  Board of Realtors  Natural Resources Advisory Board Based on feedback from Council during the September 24, 2013 Work Session, staff sent a postcard to all floodplain property owners to notify them of the proposed changes (Attachment 9). Feedback The majority of the attendees of the presentations understood the reason for the proposed changes and that it was important for the City to adopt these State-mandated standards. A key concern from these meetings was the impact on remodels and additions in the Old Town Basin. Staff understands these concerns and will work closely with property owners and design professionals to explain the regulations and to work toward creative design solutions that meet the floodplain regulations. It is important to note that past capital projects have reduced the floodplain and removed over 300 structures from the Old Town floodplain since 1997, thereby reducing by approximately 37% the number of properties in Old Town that must comply with the Packet Pg. 43 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 396 City’s floodplain regulations. Future capital projects will continue to reduce the number of properties at risk of flooding and that must comply with the floodplain regulations. Furthermore, it is important to note that there is a variance provision for historically designated structures that can be utilized when the floodplain standards cannot be met. There was also concern that the definition of “abandoned” was too harsh and that foreclosed properties could easily be considered abandoned. A suggestion was made to not consider a property abandoned if property taxes were still being paid. Floodplain staff in consultation with the City Attorney’s office did not feel that this was meeting the intent of defining abandoned and therefore, this suggestion was not incorporated. In addition, staff responded in writing to questions from Mickey Willis regarding the regulations. There were several calls received from the postcard that was sent. Many property owners wanted to know if the changes required them to purchase flood insurance. A few wanted to know specifics about their property and any impacts specific to them. However, most callers did not have any plans to modify or redevelop their property and therefore were not concerned about the regulations.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Ken Sampley, Stormwater Floodplain Program Manager, briefly introduced the item. Marsha Hilmes-Robinson, Floodplain Administrator, stated the Colorado Water Conservation Board (CWCB) has adopted new minimum statewide floodplain standards and all communities must adopt these minimum standards by January 2014. The City has already adopted many of these standards and has relatively minimal changes to make. She outlined the areas which will be impacted by the changes and discussed the three Ordinances presented for Council consideration: Ordinance No. 160, 2013, which are the CWCB required changes, Ordinance No. 161, 2013, which are clarifications to go along with the CWCB changes, and Ordinance No. 162, 2013, which are the proposed City policy and procedural changes. She detailed the public outreach process regarding these changes. Councilmember Cunniff asked if the County will also need to look at similar changes outside the City limits. Hilmes-Robinson replied in the affirmative. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 160, 2013, on First Reading. Yeas: Poppaw, Horak, Overbeck, Cunniff and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 161, 2013, on First Reading. Packet Pg. 44 Attachment: 1105 min (Minutes - November 5, 2013) November 5, 2013 397 Councilmember Troxell asked if this item addresses a requirement from the state. Hilmes- Robinson replied it is not a direct requirement but includes items that help facilitate the implementation of the required items. The vote on the motion was as follows: Yeas: Poppaw, Horak, Overbeck, Cunniff and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 162, 2013, on First Reading. Yeas: Poppaw, Horak, Overbeck, Cunniff and Troxell. Nays: none. THE MOTION CARRIED. Adjournment Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 p.m. November 12, 2013. Yeas: Overbeck, Cunniff, Troxell, Poppaw, Horak and Campana. Nays: none. THE MOTION CARRIED. The meeting adjourned at 9:55 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 45 Attachment: 1105 min (Minutes - November 5, 2013) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Brian Woodruff, Environmental Planner SUBJECT Second Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriate $4,973 awarded to the City by the Colorado Department of Public Health and Environment, to transfer a matching amount of $4,973 from the 2013 General Fund, and to combine these in the Environmental Services Radon Program account. The Radon Program carries out radon risk-reduction activities as identified in the current City Budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (PDF) 2. Ordinance No. 163, 2013 (PDF) Packet Pg. 46 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 19, 2013 City Council STAFF Brian Woodruff, Environmental Planner SUBJECT First Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $4,973 awarded to the City by the Colorado Department of Public Health and Environment, to transfer a matching amount of $4,973 from the 2013 General Fund, and to combine these in the Environmental Services Radon Program account. The Radon Program carries out radon risk-reduction activities as identified in the current City Budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance appropriates $4,973 of unanticipated grant revenues in the General Fund. The Colorado Department of Public Health and Environment granted these funds to the City for a program to encourage radon testing and mitigation through media advertising and low-cost test kit sales. The grant directly supports radon activities identified in the City budget offer, “Air Quality Improvement.” The grant requires a local match of $4,973. Matching funds for the program will be transferred from the 2013 Environmental Services operating budget. Grant and matching funds would be combined in a new Environmental Services Radon Program account. FINANCIAL / ECONOMIC IMPACT City resources would be increased by $4,973. Required matching funds have already been appropriated in the 2013 General Fund. ENVIRONMENTAL IMPACTS These funds will be used to lower the lung-cancer risk of Fort Collins residents that have elevated home radon levels. ATTACHMENT 1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Radon Grant) - 1 - ORDINANCE NO. 163, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE NATURAL RESOURCES RADON PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS PREVIOUSLY APPROPRIATED IN THE ENVIRONMENTAL SERVICES OPERATING BUDGET WHEREAS, the Fort Collins Environmental Services Radon Program (the "Program") is part of the City’s indoor air quality initiative; and WHEREAS, the Program is guided by the City’s Air Quality Plan and has a policy goal of educating and encouraging residents to reduce exposure to indoor air pollution; and WHEREAS, the Program currently includes aggressive education, a voluntary radon testing program, and a mandatory radon mitigation in new construction; and WHEREAS, in addition, City Code Section 12-111 requires the distribution of radon information to all residential home-buyers at point-of-sale; and WHEREAS, the City has received a grant from the Colorado Department of Public Health and Environment (“CDPHE”) in the amount of $4,973 to support programming to lower the lung-cancer risk of Fort Collins residents through radon activities identified in two 2013 City Budget offers: Air Quality Improvement and the Radon Mitigation Behavioral Study; and WHEREAS, the CDPHE grant requires $4,973 of matching funds, which have been included in the 2013 Environmental Services budget and are available for transfer to the Program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided 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 CDHE grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 48 Attachment: Ordinance No. 163, 2013 (SR Radon Grant) - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of FOUR THOUSAND NINE HUNDRED SEVENTY THREE DOLLARS ($4,973) for expenditure in the General Fund for the Environmental Services Radon Program. Section 2. That the unexpended appropriated amount of FOUR THOUSAND NINE HUNDRED SEVENTY THREE DOLLARS ($4,973) is hereby authorized for transfer from the 2013 Natural Resources operating budget in the General Fund to the Environmental Services Radon Program, in fulfillment of CDPHE grant requirements, and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 19th day of November, A.D. 2013, and to be presented for final passage on the 3rd day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ Deputy City Clerk Passed and adopted on final reading on the 3rd day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 49 Attachment: Ordinance No. 163, 2013 (SR Radon Grant) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Susie Gordon, Senior Environmental Planner SUBJECT Second Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriates $53,100 accumulated during 2013 in the Waste Innovation Program Fund (WIP) account into the City’s General Fund account for an approved Streets Department project to buy a new piece of equipment called a Power Screen, for use at the Hoffman Mill Road Crushing Facility. STAFF RECOMMENDATION Staff recommends adoption on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, Nov 19, 2013 (w/o attachments) (PDF) 2. Ordinance No. 164, 2013 (PDF) Packet Pg. 50 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY November 19, 2013 City Council STAFF Susie Gordon, Senior Environmental Planner SUBJECT First Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. EXECUTIVE SUMMARY The purpose of this item is to shift $53,100 accumulated during 2013 in the Waste Innovation Program Fund (WIP) account into the City’s General Fund account for an approved Streets Department project to buy a new piece of equipment called a Power Screen, for use at the Hoffman Mill Road Crushing Facility. The Power Screen will significantly increase the Streets Department’s ability to screen ground-up asphalt, concrete aggregates, and fill dirt, from the current maximum of 300 tons/day to 400 tons an hour. On an annual basis, the Mill Road Crushing Facility averages 100,000 tons of recycling. Products generated by the Facility are used on City streets paving projects or sold to the public. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Manager created the Waste Innovation Program Fund (WIP) in 2010 to pay for projects that improve the City’s organizational ability to divert waste generated by municipal activities from being disposed in the Larimer County landfill. Discarded material and trash that City crews self-haul to the landfill is charged only 28 cents/cubic yard by Larimer County Solid Waste Department, which is passed through in payment to the state for landfill regulatory management and monitoring programs. The balance of the regular “tipping fee” at the landfill, $5.27 per cubic yard, is placed in the WIP Fund. WIP revenues are received from 15 City departments that self-haul various types of waste to the landfill. An interdepartmental group of employees participates in awarding funds when requests are received from departments. Members of this group also act as “waste reduction champions” throughout the organization and communicate with crews about how to apply Best Management Practices in City operations. When the Streets Department submitted an application to the group to purchase a Power Screen in May 2013, the employee group awarded the grant, in recognition that the purposed purchase will allow Streets to continue to make its important contribution to high levels of waste diversion for the City and for the community at large. However, due to delays in ordering, the new equipment was not invoiced to the WIP until after deadlines passed to appropriate funds. This action to appropriate $53,100 will enable the Streets Department to complete its order for the Power Screen in 2013. ATTACHMENT 1 Packet Pg. 51 Attachment: First Reading Agenda Item Summary, Nov 19, 2013 (w/o attachments) (SR Waste Innovation Program) Agenda Item 6 Item # 6 Page 2 FINANCIAL / ECONOMIC IMPACT This Ordinance makes $53,100 available for a City organization waste reduction project that has been submitted and approved for funding from the Waste Innovation Program as part of the internal competitive process in 2013. By improving the Streets Department’s ability to operate efficiently, the use of WIP funds will strengthen the Crushing Facility’s financial condition, due to savings on fuel and reduced time needed for an employee operator to process materials. The Crushing Facility also allows the City of Fort Collins to save money by utilizing its own road base for paving projects. ENVIRONMENTAL IMPACTS WIP funds are intended to help City departments reduce their trash sent to the landfill. The Streets Department operates the City’s Crushing Facility on Hoffman Mill Road, where old asphalt, cement, porcelain items (toilets, sinks, and tubs), bricks, tiles, aggregates and soil are accepted from the public at no charge, to be ground up and recycled. Many of these loads of material would have otherwise been taken to landfills for disposal. Each year, Streets grinds at an average 100,000 tons of used asphalt, concrete, and aggregates, to then be applied to new paving projects as road base and other products. Putting recycled materials to use instead of producing new paving products helped the City prevent the emissions of greenhouse gases; in 2012, 182.2 MTCO2e were avoided from concrete recycling and 7,008.2 MTCO2e from asphalt recycling. The City staff team further recognized that by purchasing the new equipment, Streets will create additional improvements over the old, small screener currently in use at the City’s Crushing Facility. The Power Screener: 1. Does a better job of sorting more types of material and allows Streets to “customize” more kinds of fill/road base products to meet customer specifications. 2. Will not kick up as much concrete dust. 3. Is portable so other departments (Water Engineering & Field Services, Parks) can borrow the screener to use at other sites. 4. Helps improve operations in terms of: regulatory compliance; fuel consumption (takes less time to process the same amount of material); better use of equipment operator’s time because changing screens is faster. Packet Pg. 52 Attachment: First Reading Agenda Item Summary, Nov 19, 2013 (w/o attachments) (SR Waste Innovation Program) - 1 - ORDINANCE NO. 164, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR WASTE REDUCTION AND DIVERSION PROJECTS APPROVED BY THE WASTE INNOVATION PROGRAM WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) Fund for the purpose of collecting and disbursing funds to administer grants that allow City departments to initiate new waste diversion and recycling projects, with special attention to departments that have large quantities of waste that have historically been hauled to the Larimer County Landfill by the City; and WHEREAS, an interdepartmental group of City employees acts as a liaison among City departments to incorporate waste reduction, promote recycling strategies, and award funds when requests are received from participating departments; and WHEREAS, this interdepartmental group has received a request from the Streets Department for $53,100 to purchase a “Power Screen” device as an approved waste reduction and diversion project under the WIP; and WHEREAS, the Power Screen would increase the City’s ability to screen ground-up asphalt, concrete aggregates, and fill dirt to 400 tons per hour to be used for public projects and other recycling purposes; WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of FIFTY THREE THOUSAND ONE HUNDRED DOLLARS ($53,100) to fund an approved Waste Reduction and Diversion project approved by the Waste Innovation Program. Packet Pg. 53 Attachment: Ordinance No. 164, 2013 (SR Waste Innovation Program) - 2 - Introduced, considered favorably on first reading, and ordered published this 19th day of November, A.D. 2013, and to be presented for final passage on the 3rd day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ Deputy City Clerk Passed and adopted on final reading on the 3rd day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 54 Attachment: Ordinance No. 164, 2013 (SR Waste Innovation Program) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Tracy Dyer, Chief Construction Inspector Dean Klingner, Engineer & Capital Project Manager SUBJECT Second Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriates unanticipated federal grant revenue for intersection improvements partially funded through Building on Basics funding. At First Reading, Council requested supplemental information pertaining to this project. That information is provided as an attachment to this packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (PDF) 2. Ordinance No. 165, 2013 (PDF) 3. Drake Shield SR Supplemental Information (PDF) Packet Pg. 55 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY November 19, 2013 City Council STAFF Tracy Dyer, Chief Construction Inspector Dean Klingner, Engineer & Capital Project Manager SUBJECT Items Relating to the Drake-Shields Intersection Improvement Project. EXECUTIVE SUMMARY A. Resolution 2013-092 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation in Support of the Drake/Shields Intersection Improvements Project. B. First Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. The purpose of this item is to appropriate unanticipated federal grant revenue for intersection improvements partially funded through Building on Basics funding. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The Engineering Department completed an Arterial Intersection Prioritization Study in 2011 that listed the Shields Street and Drake Road intersection as one of the top ranked locations for needed safety and operational improvements. Existing problems that brought this intersection to the top of the list include: higher than average vehicle accident rates, significant congestion and intersection delay. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. Anticipated construction of this project is tentatively schedule for 2015, after preliminary design, right of way acquisition, utility relocations and final design is completed. A project location map is included as Attachment 1. Project Goals:  Improve safety and overall efficiency for vehicles, bicycles and pedestrians.  Reduce the accident rate by adding dedicated right turn lanes to separate through moving vehicles from turning vehicles, and reducing the Shields Street/Davidson Drive intersection to a 3/4 movement.  Improve air quality by reducing vehicle wait time (delay) at both locations. Under direction of the City, Muller Engineering completed a traffic model analysis for the northbound and southbound right turn lanes. This examination was a component of the Arterial Intersection Prioritization ATTACHMENT 1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Drake Shields Project) Agenda Item 7 Item # 7 Page 2 Study. A turn lane exhibit from the Study is included as Attachment 2. The City’s Engineering staff recommends a continuance of these efforts already made by initiating and completing a biddable design, right-of-way acquisition, and construction of the proposed improvements. FINANCIAL / ECONOMIC IMPACT This Ordinance authorizes the appropriation of unanticipated federal grant revenue into the City of Fort Collins Building on Basics (BOB) Intersection Improvements Fund for design, right-of-way acquisition and construction of the dedicated right turn lane for northbound and southbound Shields Street to Drake Road. This scope will also include the design and implementation of a 3/4 movement through the Davidson Road/Shields Intersection. The Federal Hazard Elimination grant, in the amount of $887,400 is a Fiscal Year 2014 allotment, meaning the money is available now. The City applied for this funding through the Federal Hazard Elimination application process in early 2012. Obtaining the Hazard Elimination grant was a competitive process. Staff’s grant application was backed by creating measurable reductions in vehicle delay and improved air quality. The following table lists the funding sources and amounts associated with the Hazard Elimination grant: Funding Summary (2013-2014) Funding Source Funding Amount CMAQ Federal Hazard Elimination Grant (via CDOT) $887,400 Building on Basics Intersection Existing Appropriations (City Match) $98,600 Total Anticipated Funding $986,000 Short and long term economic benefits of the reconstructed intersection will be realized by the following:  Safety improvements resulting in fewer accidents  Easing of traffic congestion resulting in reduced fuel consumption  Decrease in accident and delay costs (as calculated per the Highway Safety Manual) ENVIRONMENTAL IMPACTS The project will have a positive impact on short and long term air quality by reducing vehicle delay, total stops, as well as fuel consumption and vehicle emissions. BOARD / COMMISSION RECOMMENDATION This project will go to the Transportation Board for comment after the preliminary design phase is completed. PUBLIC OUTREACH City staff is currently working on a project website through the Engineering homepage as the first resource for public outreach. A detailed communication plan is being developed and will be implemented with the preliminary design phase through construction. The communication plan will highlight milestone dates, affected interests and specific outreach methods. The project team will host one or more public open houses and keep the project website updated with current design information. Packet Pg. 57 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Drake Shields Project) Agenda Item 7 Item # 7 Page 3 ATTACHMENTS 1. Project location map (PDF) 2. Arterial Intersection Prioritization Study (PDF) Packet Pg. 58 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Drake Shields Project) - 1 - ORDINANCE NO. 165, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CAPITAL PROJECTS FUND FOR THE DRAKE ROAD AND SHIELDS STREET INTERSECTION IMPROVEMENT PROJECT WHEREAS, in 2011, the City’s Engineering Department completed an Arterial Intersection Prioritization Study in which the Drake Road and Shields Street intersection was identified as a location in need of safety and operational improvements; and WHEREAS, existing problems with the intersection include higher than average vehicle accident rates, significant congestion, and intersection delays; and WHEREAS, the Drake Road and Shields Street intersection improvements are tentatively scheduled for 2015, after completion of the preliminary design, right of way acquisition, utility relocations, and final design; and WHEREAS, the City has received a Colorado Department of Transportation - Federal Hazard Elimination grant in the amount of $887,400 for improvements to reduce vehicle delays at the Drake Road and Shields Street intersection; and WHEREAS, this Ordinance appropriates the federal grant funds into the Capital Projects Fund for the Drake/Shields Intersection Improvement Project, to be used for design, right-of-way acquisition, and construction of the dedicated right turn lane for northbound and southbound Shields Street to Drake Road; and WHEREAS, the grant requires matching funds from the City in the amount of $98,600, which funds are available from existing appropriations in the Intersection Improvements and Traffic Signals Project; 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 federal grant funds will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the Capital Projects Fund the sum of EIGHT HUNDRED EIGHTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($887,400) for expenditure on the Drake/Shields Intersection Improvement Project. Packet Pg. 59 Attachment: Ordinance No. 165, 2013 (SR Drake Shields Project) - 2 - Introduced, considered favorably on first reading, and ordered published this 19th day of November, A.D. 2013, and to be presented for final passage on the 3rd day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ Deputy City Clerk Passed and adopted on final reading on the 3rd day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 60 Attachment: Ordinance No. 165, 2013 (SR Drake Shields Project) Packet Pg. 61 Attachment: Drake Shield SR Supplemental Information (SR Drake Shields Project) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Mindy Pfleiger, Accounting Supervisor Craig Foreman, Director of Park Planning & Development John Voss, Controller/Assistant Financial Officer SUBJECT First Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. EXECUTIVE SUMMARY The purpose of this item is to appropriate $13,808 of prior year reserves in the Conservation Trust Fund for transfer to the Capital Projects Fund, and to transfer $1,084,261 of existing appropriations from Conservation Trust Fund projects to projects in the Capital Projects Fund. Per Colorado Revised Statutes Sec. 29-21-101, only funds received from the State of Colorado lottery proceeds can be deposited in and expensed from the Conservation Trust Fund. Grants, contributions and interest earnings tied to these revenues cannot be commingled with the lottery proceeds. This ordinance transfers the interest earnings, grants, and contributions from existing projects in the Conservation Trust Fund into projects in the Capital Projects Fund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins receives lottery proceeds from the State each quarter. Every year the City must submit a ‘Status of Conservation Trust Fund Report’ to the Colorado Department of Local Affairs showing how the funds are being spent per state statutes. In August 2012, the Colorado Department of Local Affairs (DOLA) audited the City of Fort Collins’ 2011 ‘Status of Conservation Trust Fund Report’. On January 9, 2013, the City was notified from DOLA that Conservation Trust Fund dollars were being commingled with other City funds which is strictly prohibited by state statute. This Ordinance cleans up the Conservation Trust Fund so the City will be in compliance with C.R.S Sec. 29-21-101. FINANCIAL / ECONOMIC IMPACT The City’s Conservation Trust Fund has $13,808 in reserves from interest and contributions which need to be appropriated for transfer to the Capital Projects Fund. The remaining $1,084,261 to be transferred are from grants and contributions that were appropriated in past budget cycles and supplemental ordinances. These existing appropriations are to be transferred out of the Conservation Trust Fund projects, and applied to the same project through the Capital Projects Fund. The affected projects are as follows: Packet Pg. 62 Agenda Item 5 Item # 5 Page 2 Trail Acquisition & Development Project $ 13,808 Poudre River Trail Project 737,597 Fossil Creek Trail Project 200,000 Pickle Plant Project 75,364 Hughes Stadium Disc Golf Course Project 71,300 Total $1,098,069 ATTACHMENTS 1. State of Colorado's Response to 2011 Audit (PDF) Packet Pg. 63 ATTACHMENT 1 Packet Pg. 64 Attachment: State of Colorado's Response to 2011 Audit (Conservation Trust Fund Clean-up) - 1 - ORDINANCE NO. 167, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CONSERVATION TRUST FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS TO THE CAPITAL PROJECTS FUND WHEREAS, the City receives lottery proceeds from the State of Colorado each quarter and annually submits to the State a Status of Conservation Trust Fund Report, showing how the proceeds have been spent; and WHEREAS, in August 2012, the Colorado Department of Local Affairs (DOLA) audited the City’s 2011 Status of Conservation Trust Fund Report; and WHEREAS, on January 9, 2013, the City was notified by DOLA that Conservation Trust Fund dollars were being improperly commingled with other City funds, contrary to the requirements of CRS Sec. 29-21-101; and WHEREAS, this Ordinance separates the lottery funds by transferring the other City funds that are derived from interest earnings, grants, and contributions, out of projects in the Conservation Trust Fund and into projects in the Capital Projects Fund; and WHEREAS, the City’s Conservation Trust Fund has $13,808 in prior year reserves from interest earnings and contributions, which monies need to be appropriated for transfer to the Capital Projects Fund to comply with CRS Sec. 29-21-101; and WHEREAS, the City’s Conservation Trust Fund also has $1,084,261 of existing project appropriations from grants and contributions that also needs to be transferred to projects through the Capital Projects Fund; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from prior year reserves in the Conservation Trust Fund the sum of THIRTEEN THOUSAND EIGHT HUNDRED AND Packet Pg. 65 - 2 - EIGHT DOLLARS ($13,808) for transfer to the Capital Projects Fund - Trail Acquisition/Development - Special Funds Project and appropriated therein. Section 2. That the unexpended appropriated amount of ONE MILLION EIGHTY- FOUR THOUSAND TWO HUNDRED SIXTY-ONE DOLLARS ($1,084,261) in Conservation Trust Fund projects is hereby authorized for transfer to the Capital Projects Fund for the following projects: Poudre River Trail Project $737,597 Fossil Creek Trail Project 200,000 Pickle Plant Project 75,364 Hughes Stadium Disc Golf Course Project 71,300 Total $1,084,261 Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 66 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF John Voss, Controller/Assistant Financial Officer Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. EXECUTIVE SUMMARY The purpose of this item is to appropriate $1,118,000 for the costs associated with the flood that occurred in September 2013. Of that total, $1,012,000 is for the incremental costs that are eligible under the Federal Emergency Management Agency’s (FEMA) Public Assistance Program. In general, FEMA reimburses about 75% of eligible costs. The State of Colorado has agreed to cover half of the portion not paid by FEMA. The other $106,000 is for City assistance provided to Estes Park. They will reimburse the City 100% and seek reimbursement from FEMA for up to 75%. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over 6 inches of rain fell between Thursday, September 12, 2013 and Saturday, September 14, 2013, leading the President to declare a state of emergency for selected Colorado Counties. The City incurred substantial costs due to the subsequent flood and needs to adopt a cost and repair budget in order to seek reimbursement of these costs by state and federal agencies Emergency Response - Although many staff hours were involved in the emergency related activities immediately following the flooding, only the incremental additional costs are eligible for reimbursement by FEMA. Staff time redirected from other work is not covered. Overtime and certain other costs totaled $92,000. Debris Disposal - Debris cleanup is ongoing and expected to be completed in December 2013. Equipment, land fill tipping fees, recycling fees, and labor costs are estimated to total $180,000. Repair Work - There are over 25 repair projects identified that together total $740,000. They range in size from $1,000 for a turbidity probe to $205,000 for Environmental Learning Center Trail and Bank repairs. FEMA’s Public Assistance Program is anticipated to cover 75% of these costs, the State of Colorado is anticipated to cover 12.5%, and City Departments will have to cover the remaining 12.5%. Mutual Aid Estes Park – Light & Power and Streets provided assistance in the form of staff time, equipment and materials for a total of $106,000. Per the Mutual Agreement the City will invoice Estes Park. Estes Park will most likely submit our invoice to FEMA as a cost for reimbursement under the Public Assistance Program. Packet Pg. 67 Agenda Item 6 Item # 6 Page 2 FINANCIAL / ECONOMIC IMPACT The appropriation of $1,118,000 will come from four funding sources. The FEMA eligible costs of $1,012,000 will be funded $759,000 (75%) from the Public Assistance Program, the State of Colorado 12.5% or $126,500, and the remaining $126,500 is to be covered by existing City appropriations by the related Service Area. Reimbursement from the City of Estes Park will total $106,000. Packet Pg. 68 - 1 - ORDINANCE NO. 168, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE EMERGENCY RECOVERY FUND TO BE USED FOR THE “LARIMER COUNTY FLOOD OF 2013” COSTS AND REPAIR PROJECTS WHEREAS, the Larimer County Flood of 2013 (“the Flood”), which began on September 12, 2013, required the City to take on emergency actions and remediation projects, including debris management and repairs to infrastructure; and WHEREAS, on Saturday, September 14, 2013, President Obama declared a state of emergency for selected Colorado counties, including Larimer County, thereby qualifying the City for disaster assistance from the Federal Emergency Management Agency (FEMA); and WHEREAS, the City has identified $1,012,000 in costs associated with the Flood that are eligible for reimbursement under the Federal Emergency Management Agency’s Public Assistance Program; and WHEREAS, over 25 repair projects have been identified which total $740,000 and the remaining funds will cover emergency response costs, debris cleanup, and debris disposal; and WHEREAS, with the FEMA Public Assistance Program, FEMA will cover 75% or $759,000 of the Flood costs; the State of Colorado will cover 12.5% or $126,500 of the costs; and existing City appropriations from various funds will be transferred to the Emergency Recovery Fund to cover the remaining 12.5% or $126,500; and WHEREAS, the City’s Light & Power and Streets departments also provided assistance to Estes Park in the form of staff time, equipment, and materials for a total cost of $106,000 for which Estes Park will reimburse the City; and WHEREAS, this Ordinance appropriates the revenue to be received from FEMA ($759,000), the State of Colorado ($126,500), various City funds ($126,500), and the payment to be received from Estes Park ($106,000) for a total appropriation of $1,118,000; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Emergency Recovery Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. Packet Pg. 69 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated revenue in the Emergency Recovery Fund the sum of SEVEN HUNDRED FORTY THOUSAND DOLLARS ($740,000) for the “Larimer County Flood of 2013” Repair Project. Section 2. That there is hereby appropriated from unanticipated revenue in the Emergency Recovery Fund the sum of THREE HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS ($378,000) for the Larimer County Flood of 2013 costs. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 70 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF John Voss, Controller/Assistant Financial Officer Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. EXECUTIVE SUMMARY The purpose of this item is to approve additional spending in the General Employee Retirement Trust Fund. At the time of retirement, qualified persons have the option to elect monthly payments or one-time cash out. Using historical data, the actuary estimates that 30% of future retirees will elect a single-sum payout. The 2013 budget made the same assumption. Retirees electing cash outs this year have exceeded the assumed election rate. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City Council created the General Employees Retirement Plan (the “Plan”) in 1971 to provide a retirement benefit in addition to the Social Security system. Oversight is provided by a six-member Committee, five of whom are appointed by Council, the other being the Financial Officer. The single-sum benefit, approved by City Council in 1988, is designed to be actuarially neutral to the Plan. When an employee elects to receive a lump sum amount from the Plan, the liability of providing a future pension benefit to the employee is removed from the Plan. Although actuarially neutral, voluntary elections of single sum payments reduce the uncertainty regarding the number of employees for whom the Plan must provide an income over an unknown period of years. From this standpoint, lump sum payments are considered financially favorable. The 2013 budget for payments to retirees is currently $3.2 million. Of that amount $960,000 was assumed for lump sum cash outs and $2,240,000 for monthly payments. Lump sum cash outs have been twice the amount anticipated. FINANCIAL / ECONOMIC IMPACT The assets of the General Employees Retirement Plan are held in a trust fund. As of October 31, 2013 the Plan assets totaled approximately $43.5 million. This Ordinance appropriates $1 million from prior year reserves in the General Employees Retirement Trust Fund. This has no impact to other operating budgets of the City in this year or future years. BOARD / COMMISSION RECOMMENDATION None. At the November 14, 2013, meeting of the General Employees Retirement Committee. staff communicated the need to increase the 2013 budget. Packet Pg. 71 - 1 - ORDINANCE NO. 169, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL EMPLOYEES RETIREMENT PLAN WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City has prior year reserves in the General Employees' Retirement Plan Trust Fund (the ?Plan?); and WHEREAS, the City Council unanimously approved Resolution 1998-086 amending the Plan to allow for a single-sum benefit for vested former employees of the City; and WHEREAS, the City Council unanimously approved Resolution 1998-137 approving an amendment to the eligibility and contribution provisions of certain employee pension plans; and WHEREAS, it is necessary to appropriate funds to accommodate an additional $1,000,000 in single-sum benefit payment requests received by the Plan during the current fiscal year; and WHEREAS, the Plan has assets of approximately $39 million available for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from prior year reserves in the General Employees' Retirement Plan Trust Fund, the sum of ONE MILLION DOLLARS ($1,000,000) to be used for single-sum benefit payments in the current fiscal year. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 72 - 2 - Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 73 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Jessica Ping-Small, Revenue and Project Manager SUBJECT First Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. EXECUTIVE SUMMARY The purpose of this item is to amend the City Code to limit the option for vendors to file consolidated sales and use tax returns for multiple locations. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Chapter 25 of the City Code currently allows vendors the option to file a consolidated sales and use tax return for multiple locations within the city limits. Although the option provides a convenience to the business community, it creates reporting discrepancies by geographical area for the Finance Department. For example, if a vendor has a location within the Downtown Development Authority (DDA) and at Front Range Village, by reporting on a consolidated return for both locations, the revenue is either recorded in the DDA geographical area or the Front Range Village geographical area. The consolidation process limits the City’s capability to accurately report sales and use tax collections by area. Sales Tax staff frequently receives requests for collection data on the following geographical areas: Downtown Development Authority Midtown Mall Front Range Village North College The consolidated return allowance limits our ability to report on these areas accurately without manual adjustments. The proposed Code change affects 118 vendors which is 1% of our total licensed vendor count of 11,000. The Sales and Use Tax license is free and non-expiring. The Code change does require a separate tax return and license for each location. Staff will complete the process of creating the additional licenses on behalf of the vendors to ease any administrative burden. In addition the Sales Tax Department is in the process of implementing new sales tax software. The software, which will be live in early 2014 will allow vendors to file and remit their sales tax online. This added convenience will help to mitigate the additional requirement to file separate returns for each location. Packet Pg. 74 Agenda Item 8 Item # 8 Page 2 The Code will still allow for consolidated returns when the business location is not occupied by owners, employees or sales staff. Examples of these businesses are DVD rental kiosks and ATM locations. PUBLIC OUTREACH Vendors affected by the proposed Code change were notified via letter in November 2013. Staff has received very little feedback to date. Of the communication received, vendors were understanding of the requirement and appreciative that staff will be completing the license application process on their behalf. Packet Pg. 75 - 1 - ORDINANCE NO. 170, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 25, ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING SALES AND USE TAX WHEREAS, under Article V, Section 22 of the City Charter, the Financial Officer is responsible for collecting, receiving and disbursing all money belonging to the City; and WHEREAS, City staff regularly encounters sales and use tax reporting discrepancies attributable to the use of consolidated tax returns by vendors with more than one location in the City; and WHEREAS, the consolidation return process requires the City to take additional manual steps to separate collection data and accurately determine sales and use tax collections by geographic area; and WHEREAS, the Financial Officer and the City Manager recommend that the City Code be amended to limit the use of consolidated sales and use tax returns; and WHEREAS, the City Council wishes to accept the recommendations of the Financial Officer and the City Manager and amend Chapter 25, Article III of the City Code to that effect. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Section 25-128 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-128. Consolidation of returns. A retailer doing business in two (2) or more places or locations, whether within or without the City, and collecting taxes hereunder may file one (1) return covering all such places or locations when accompanied by a supplemental report showing the gross and net taxable sales and the taxes collected thereon for each such place or locationonly if there are no owners, employees, agents, or commissioned sales persons of such business on duty at any location in the City. Any retailer conducting online sales must file a separate return covering online sales, even if the retailer is filing a consolidated return for sales at physical locations. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December A.D. 2013 Mayor ATTEST: City Clerk Packet Pg. 76 - 2 - Passed and adopted on final reading on the 17th day of December A.D. 2013. Mayor ATTEST: City Clerk Packet Pg. 77 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Donnie Dustin, Water Resources Manager SUBJECT First Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City's Water Utility. EXECUTIVE SUMMARY The purpose of this item is to discontinue the practice of water right banking. In order to meet the water needs of new development or redevelopment within the Water Utility service area, developers are assessed a Raw Water Requirement (RWR). Current City Code allows water rights to be submitted to the Water Utility even when no water service permit is needed in exchange for credit that can be used for later satisfaction of the RWR. Although this banking practice was helpful in the past, it is less helpful now and makes managing these water rights difficult. The proposed City Code changes would discontinue the practice of banking water right credits, but continue to allow the practice of conveying acceptable water rights for developments at the time a RWR is assessed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION When new development or redevelopment occurs within the Water Utility service area, the development is assessed a Raw Water Requirement (RWR) that is structured to provide the Water Utility with the necessary raw water to meet the treated water needs of the development. RWR may be paid in shares of irrigation companies which convey a portion of the irrigation companies’ water rights to the Water Utility, or may be paid in cash. Section 26-150(b) of the City Code states: The satisfaction of the minimum RWR shall be made no later than the time of issuance of the water service permit. An owner of water rights or City certificates may submit acceptable water rights and/or City certificates to the City, whether or not an application for a water service permit is pending, and be credited accordingly for raw water value. Such credit may then be used to satisfy, in whole or in part, assessed RWR on subsequent application for a water service permit. Upon request, the City will convert such credit into a City water certificate in any desired amount not to exceed the amount of credit being carried by the City and issue such certificate to the owner. Once the credits have been designated to a particular premises in satisfaction of the RWR for water service, they shall not be transferred to another property. A portion of this City Code allows irrigation company shareholders to submit their shares whether or not a water service permit is pending and be credited accordingly. This provision allows those shares to essentially be banked for later satisfaction of RWR. The banked water shares can be either credited to the former shareholder or converted into a City certificate, which provides documentation of the credit that may be bought and sold as a commodity. Packet Pg. 78 Agenda Item 9 Item # 9 Page 2 The practice of banking these irrigation company shares has been mutually beneficial to the Water Utility and the individual shareholder. The shareholder relinquished their control on the associated water from an irrigation company in exchange for no longer having to pay the annual shareholder assessments while still receiving transferrable credit for that water toward satisfying the City’s RWR for future development. The Water Utility benefited from these transactions by being able to bundle the banked shares along with others to manage them, including changing them from irrigation use to municipal use as a group in state water court. Typically, Colorado water law allows municipalities to convert only the shares owned at the time of the change of use application. The Water Utility has acquired many of the accepted shares over the last several decades and has taken most of them through the water court conversion process. A second block of Southside Ditch shares (which include shares in the following irrigation companies: Arthur, Larimer County Canal No. 2, New Mercer and Warren Lake Reservoir) is nearly finalized through the conversion process. Since the water court process is lengthy and expensive and the Water Utility only anticipates the need for a final change case near build-out in about 25 years, the Water Utility no longer benefits by acquiring additional shares ahead of when they are needed. The cost to the Water Utility has been the burden of paying the annual shareholder assessments on the banked shares, and a reduced ability to control the way in which future development provides raw water in connection with treated water service. The Water Utility regularly evaluates its water right portfolio to adapt to changes in demand and changing supply conditions. As irrigation company shares are turned in, the Water Utility assesses the increase in firm yield those shares provide. By their nature, irrigation company shares cannot provide year-round water supply without coupling them with storage accessible to the Water Utility to regulate those rights throughout the year. Since the acquisition of shares has continued while no additional storage has been obtained, the marginal benefit provided by newly acquired shares is diminished. The Water Utility service area has a limited growth potential since it is surrounded by other water districts. As the Water Utility approaches build-out, accepting irrigation company shares in advance of development is not optimal in managing water rights for the future. Thus, as written, the current City Code provision would require the Water Utility to continue to accept irrigation company shares to an extent that may not be needed and may not be beneficial to Fort Collins Utilities. The Water Utility currently has approximately 2,200 acre-feet of RWR in the credit system compared to the average annual RWR of about 350 acre-feet over the past five years. The Water Utility must pay annual assessments to the various irrigation companies for ownership of these shares. Using an average of assessment cost per acre-foot of $25, the total annual assessments for these credits is approximately $55,000 per year. For the reasons outlined above, the Water Utility recommends amending the City Code to discontinue the practice of water right banking. Developers will still be able to provide acceptable irrigation company shares to satisfy the RWR, but only at the time a water service permit is required. Existing RWR credits and City certificates can still be used toward water service permits at the appropriate time. Also, if necessary, credits can still be transferred into City certificates and vice versa. FINANCIAL / ECONOMIC IMPACT By discontinuing the practice of water right banking, Utilities ratepayers will benefit financially by reducing potential future annual ditch company assessments from shares that might have been turned in for credit ahead of when they were needed. BOARD / COMMISSION RECOMMENDATION The proposed Code change was discussed with Water Board at its November 21, 2013 meeting. The Water Board unanimously recommended that the City Council discontinue the practice of water right banking. Packet Pg. 79 Agenda Item 9 Item # 9 Page 3 PUBLIC OUTREACH The proposed City Code change is an internal Utilities operational change and is intended to have minimal impact on the public. The only group potentially affected by this change would be water right shareholders who want to turn in their water rights to the City to avoid the annual assessment fees on them but who do not currently have any development in the permitting process to apply those water rights toward. There should be little to no impact to these entities since they will still be able to provide acceptable irrigation company shares to satisfy the RWR at the time a water service permit is required. ATTACHMENTS 1. FINAL Recommendation on Water Right Credits from Unapproved Water Board Minutes (DOCX) Packet Pg. 80 Excerpt from Unapproved Water Board Minutes, November 21, 2013 1 Code Changes Regarding Water Rights Credits (Attachments available upon request). Mr. Dustin presented information on this item. Staff is seeking the board’s recommendation regarding discontinuing water right banking. This item will be presented to City Council on December 3, 2013. Raw Water Requirements (RWR) Provides raw water to meet treated water needs Paid in irrigation company shares or cash Current Code allows shares to be submitted whether or not water service permit is pending  Bank shares for later RWR satisfaction  Credit account or City certificate Water Right Banking Mutually beneficial in the past  Shareholder: no longer pay assessments, receive transferrable RWR credit  Water Utility: acquired shares ahead of need, useful for change of use in water court Less beneficial to Water Utility  Large block of Southside Ditch (SSD) shares nearly finalized  Need water storage to make shares useful  Must curtail acceptance at some point Current RWR Credits About 2,000 acre-feet in current credit system  5 year average RWR about 350 acre-feet per year  Approximately $55,000 per year in assessments Discontinue Water Right Banking Change code to discontinue banking Developers still about to provide acceptable shares Existing RWR credits and City certificates used when needed Highlights from the discussion: A board member asked for clarification on the purpose of the assessments. Mr. Dustin stated the ditch companies charge assessments to each shareholder to maintain the ditches. A board member inquired about damage sustained during the September flood event. Mr. Dustin stated the North Poudre Irrigation Company (NPIC) sustained damage to the Fossil Creek Reservoir inlet ditch near the Drake Water Reclamation Facility (DWRF). Also, the New Mercer Ditch Company sustained damage at the river head gate. A board member inquired about the advantages to developers. Does staff anticipate any push back from developers regarding the change? Mr. Dustin stated developers may not like the changes, since under current Code they can avoid assessments by banking shares. Also, they may lose the convenience of handing in a block of shares they might have purchased all at once versus only as needed. But these conveniences are at the expense of Utilities and its ratepayers. Packet Pg. 81 Attachment: FINAL Recommendation on Water Right Credits from Unapproved Water Board Minutes (Water Right Credits Code Changes) Excerpt from Unapproved Water Board Minutes, November 21, 2013 2 A board member asked how this change is related to the Water Right Utilization Fee (WRUF) that was presented to the Board a few months ago. Mr. Dustin stated that it is not directly tied to the WRUF. Since Council asked for additional work on the WRUF, Utilities is considering options. A potential option would be temporarily accepting only cash instead of water rights. Therefore, the Code change might be helpful if that option were chosen. A board member inquired about what happens if a project falls through for a developer. What is the process with the new system? Water Engineering and Field Services Operations Manager Jon Haukaas stated final acceptance does not happen unless there is an approved and completed development. Deputy City Attorney Carrie Daggett also stated that the approach to the Code amendment being taken by staff would result in credit for water rights turned in for a development being attached to a particular property that was to be developed if a developer does not proceed with the planned development. A board member inquired about the percentage of developers that pay cash versus turning in the water rights. Mr. Dustin stated this varies from year to year, but is typically a 50/50 split. A board member inquired if this can be changed again in the future. Yes, this would require a revision to the code. A board member inquired if this process can remain the same so there is some flexibility in the future. Mr. Haukaas stated this may create some ambiguity in the future if the code is not changed. There is very little benefit for the City to continue the banking option. Ms. Daggett reiterated this change eliminates the code-driven process; however, this does not preclude the City from buying shares in the future. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Brown moved that the Water Board recommend that City Council adopt City Code changes to discontinue the practice of water banking. Board Member Huber-Stearns seconded the motion. Packet Pg. 82 Attachment: FINAL Recommendation on Water Right Credits from Unapproved Water Board Minutes (Water Right Credits Code Changes) - 1 - ORDINANCE NO. 171, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO ELIMINATE WATER RIGHTS BANKING BY THE CITY’S WATER UTILITY WHEREAS, Article III of Chapter 26 of the City Code establishes terms and conditions related to the operation of the City’s Water Utility, including terms and conditions for water service and the rates, fees, charges and other requirements associated with obtaining, or increasing the level of, water service; and WHEREAS, included among the requirements in Article III are provisions related to the delivery of water rights, or cash in-lieu of water rights, to the Water Utility in connection with new or increased water service (the “Raw Water Requirement”); and WHEREAS, as part of that Article, City Code Section 26-150 provides that an owner of water rights may submit those rights to the Water Utility and obtain either credit or a City water certificate to document a transferable credit, both of which may be used to meet a future Raw Water Requirement, a practice referred to as “banking;” and WHEREAS, while there has been benefit to the Water Utility in the past of banking water rights, the continued unlimited acceptance of water rights as a credit for future, unspecified use transfers the financial obligation of water right ownership without any significant benefit to existing rate payers and interferes with the ability of the Water Utility to make changes to its raw water practices as it relates to managing its water supply; and WHEREAS, banking of water rights results in an increased cost to the Water Utility because the Water Utility becomes responsible for irrigation company annual assessments and other costs associated with banked shares; and WHEREAS, the elimination of water rights banking will not affect the Raw Water Requirement that applies to new and increased water service; and WHEREAS, the City Manager and staff have recommended to the City Council that City Code Section 26-150 be amended to eliminate the banking of water rights; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend City Code Section 26-150 as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that subsection (b) of Section 26-150 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 83 - 2 - Sec. 26-150. Raw water requirements; satisfaction. . . . (b) The satisfaction of the minimum RWR shall be made no later than the time of issuance of the water service permit. An owner of water rights or City-issued water certificates may submit acceptable water rights and/or City-issued water certificates to the City, whether or not together with an application for a water service permit is pending, and will be credited accordingly for raw water value. Such credit may then be used to satisfy, in whole or in part, assessed RWR on subsequent such application for a water service permit. Upon request, the City will convert such credit into a City water certificate in any desired amount not to exceed the amount of credit being carried by the City and issue such certificate to the owner. Once the credits water rights or City-issued water certificate have been designated to satisfy the RWR for water service for a particular premises in satisfaction of the RWR for water service, they shall not be transferred to another property. . . . Introduced and considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. ___________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 84 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Randy Hensley, Parking Services Manager Joe Olson, City Traffic Engineer Joel Tower, Police Sergeant SUBJECT First Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. EXECUTIVE SUMMARY The purpose of this Ordinance is to ensure that the Fort Collins Traffic Code (the “Traffic Code”) is consistent with state traffic laws, and to implement amendments identified by staff that would make the Traffic Code more consistent and provide more effective and efficient local enforcement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Colorado General Assembly regularly amends certain statutory provisions relating to traffic laws. At the time of the most recent adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with state traffic laws. This Ordinance reflects proposed changes to the Fort Collins Traffic Code to maintain consistency with state law and also includes changes recommended by Parking Services, Traffic Operations, Transfort, and Police Services staff intended to make the Traffic Code more consistent and to provide more effective and efficient traffic and parking enforcement. The changes recommended by staff involve modifications and clarifications to infractions such as weight of vehicles, flashing signals, bus stopping at railroad grade crossings, obstruction of traffic or highway maintenance, permitted parking and impoundment, and methods to present compulsory motor vehicle insurance. Packet Pg. 85 - 1 - ORDINANCE NO. 172, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS PROVISIONS OF THE FORT COLLINS TRAFFIC CODE WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council adopted the Fort Collins Traffic Code (the “Traffic Code”); and WHEREAS, at the time of the adoption of the Traffic Code, it was the expectation of staff and the City Council that the Traffic Code would likely be subject to future amendments, not only for the purposes of clarification and correction of errors, but also to ensure that the Traffic Code remains consistent with State law; and WHEREAS, the Colorado General Assembly has amended certain statutory provisions relating to proof of insurance and the gross weight of vehicles or vehicle combinations; and WHEREAS, City staff has made suggestions for clarifying the provisions of the Traffic Code related to parking and definition changes to be consistent with state law; and WHEREAS, it is the City Council’s desire to amend the Fort Collins Traffic Code to reflect the changes made by the General Assembly and to adopt the clarifying modifications proposed by the City staff; and WHEREAS, the City Council has determined that the Traffic Code amendments which have been proposed are in the best interest of the City and are necessary for the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 508 of the Fort Collins Traffic Code is hereby amended to read as follows: 508. Gross weight of vehicles and loads. (1) Except as provided in Subsection (2) of this Section, no a person shall not move or operate a vehicle or combination of vehicles shall be moved or operated on any highway or bridge when the gross weight thereof upon any one (1) axle of a vehicle exceeds the limits specified prescribed below: (a)(I) The gross weight upon any one (1) axle of a vehicle shall not exceed the limits prescribed in Section 507 set forth in Section 507. Packet Pg. 86 - 2 - (II) Subject to the limitations prescribed in Section 507, the gross weight of a vehicle having two (2) axles shall not exceed thirty-six thousand (36,000) pounds. (III) Subject to the limitations prescribed in Section 507, the gross weight of a single vehicle having three (3) or more axles shall not exceed fifty-four thousand (54,000) pounds. (b) Subject to the limitations prescribed in Section 507, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W equals =1,000 (L plus + 40), where W =represents the gross weight in pounds, and L =represents the length in feet between the centers of the first and last axles of such vehicle or combination of vehicles,; but except that, in computation of this formula, no the gross vehicle weight shall not exceed eighty-five thousand (85,000) pounds. For the purposes of this Section, where a combination of vehicles is used, no a vehicle shall not carry a gross weight of less than ten (10) percent of the overall gross weight of the combination of vehicles; except that these limitations shall not apply to specialized trailers of fixed public utilities whose axles may carry less than ten (10) percent of the weight of the combination. The limitations provided in this Section shall be strictly construed and enforced. (c) Notwithstanding any other provisions of this Section, except as may be authorized under Section 510, no a person shall not move or operate a vehicle or combination of vehicles shall be moved or operated on any highway or bridge which that is part of the national system of interstate and defense highways, also known as the interstate system, when the gross weight of such vehicle or combination of vehicles exceeds the following specified limits: amount determined by the formula W = 500 [(LN/N-1) + 12N + 36], up to a maximum of eighty thousand (80,000) pounds, where W represents the overall gross weight on any group of two (2) or more consecutive axles to the nearest five hundred (500) pounds, L represents the distance in feet between the extreme of any group of two (2) or more consecutive axles, and N represents the number of axles in the group. (I) Subject to the limitations prescribed in Section 507, the gross weight of a vehicle having two (2) axles shall not exceed thirty-six thousand (36,000) pounds. (II) Subject to the limitations prescribed in Section 507, the gross weight of a single vehicle having three (3) or more axles shall not exceed fifty-four thousand (54,000) pounds. Packet Pg. 87 - 3 - (III) (A) Subject to the limitations prescribed in Section 507, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W = 500 [(LN/N-1) + 12N + 36]. (B) In using the formula in Sub-subparagraph (A) of this Subparagraph (III), W equals overall gross weight on any group of two (2) or more consecutive axles to the nearest five hundred (500) pounds, L equals distance in feet between first and last axles of such vehicle or combination of vehicles, and N equals number of axles; but in computations of this formula no gross vehicle weight shall exceed eighty thousand (80,000) pounds, except as may be authorized under Section 510 or state law. (IV) For the purposes of this Subsection (1), where a combination of vehicles is used, no vehicle shall carry a gross weight of less than ten (10) percent of the overall gross weight of the combination of vehicles; except that this limitation shall not apply to specialized trailers whose specific use is to haul poles and whose axles may carry less than ten (10) percent of the weight of the combination. (d) For the purposes of this Subsection (1) of this Section, where a combination of vehicles is used, each vehicle shall carry a gross weight of at least ten (10) percent of the overall gross weight of the combination of vehicles; except that this requirement shall not apply to specialized trailers whose specific use is to haul poles and whose axles are not capable of carrying ten (10) percent of the weight of the combination. (2) The gross weight limits provided in Subsection (1) of this Section are increased by one thousand (1,000) pounds for any vehicle or combination of vehicles that if the vehicle or combination of vehicles contains an alternative fuel system and operates on alternative fuel or both alternative and conventional fuel. The provisions of this Subsection (2) apply only when the vehicle or combination of vehicles is operated on a highway that is not on the interstate system as defined in Section 43-2-101, C.R.S. For the purposes of this Subsection (1.52), alternative fuel has the same meaning provided in Section 25-7-106.8(1)(a), C.R.S. Section 2. That Section 605(1) of the Fort Collins Traffic Code is hereby amended to read as follows: 605. Flashing signals. . . . (b) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may cautiously proceed past such the signal and throughenter the intersection or other hazardous location only with cautionas long as the driver’s contemplated action is not prohibited by other official traffic control devices. Packet Pg. 88 - 4 - Drivers shall yield the right-of-way to pedestrians and bicyclists lawfully within the associated crosswalk, and to other vehicles lawfully within or approaching the intersection. (c) When a yellow arrow signal is illuminated with rapid intermittent flashes, drivers of vehicles may cautiously proceed past the signal and enter the intersection only to make the movement indicated by the arrow. Drivers shall yield the right-of- way to pedestrians and bicyclists lawfully within a crosswalk and to other vehicles lawfully within or approaching the intersection. In addition, vehicular traffic turning left or making a U-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction which are within the intersection or are so close thereto as to constitute an immediate hazard. . . . Section 3. That Section 707 of the Fort Collins Traffic Code is hereby amended to read as follows: 707. Certain vehicles must stop at railroad grade crossings. . . . (2) This Section shall not apply at street railway grade crossings within a business district. (23) When stopping as required at such railroad crossing, the driver shall keep as far to the right of the roadway as possible and shall not form two (2) lanes of traffic unless the roadway is marked for four (4) or more lanes of traffic. (34) Subsection (1) of this Section shall not apply at: (a) Any railroad grade crossing at which traffic is regulated by a traffic control signal; (b) Any railroad grade crossing at which traffic is controlled by a police officer, emergency services personnel or human flag person; (45) For the purposes of this Section, the definition of hazardous materials shall be the definition contained in the rules and regulations adopted by the Chief of the Colorado State Patrol pursuant to Section 42-20-108, C.R.S. Section 4. That Section 1203 of the Fort Collins Traffic Code is hereby amended to read as follows: Packet Pg. 89 - 5 - 1203. Parking not to obstruct traffic Obstructing traffic or highway maintenance prohibited. No person shall park any vehicle upon any street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance. Section 5. That Section 1214.5 of the Fort Collins Traffic Code is hereby amended to read as follows: 1214.5. Permitted Parking. (1) Unless official traffic control devices provide otherwise, only vehicles that have been properly permitted pursuant to Section 24-164 of the City Code may be parked within a residential parking permit zone.the following provisions may park in those areas: (a) Section 24-164 of the City Code for parking within a residential parking permit zone. (b) Section 23-140 of the City Code for use of facilities owned or operated by the City, including but not limited to public parking areas. . . . (5) After vacating a time-restricted parking space in a residential parking permit zone, no person shall return and park, or direct another person to return and park, that same vehicle in that same residential parking zone within a twenty-four (24) hour period, regardless of whether the maximum time restriction has elapsed. Section 6. That Section 1409(3) of the Fort Collins Traffic Code is hereby amended to read as follows: 1409. Compulsory insurance - penalty. . . . (3) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no an owner or operator of a motor vehicle or low-power scooter shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self- insurance in full force and effect as required by law. (a) As used in this Section, "evidence of a complying policy or certificate of self-insurance in full force and effect" includes the presentation of such a policy or certificate upon a cell phone or other electronic device. Packet Pg. 90 - 6 - (b) If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic device to present evidence of a complying policy or certificate of self-insurance in full force and effect as described in this Section: (I) The law enforcement officer to whom the operator presents the device shall not explore the contents of the cell phone or other electronic device other than to examine the operator's policy or certificate of self-insurance; and (II) The law enforcement officer to whom the operator presents the device and any law enforcement agency that employs the officer are immune from any civil damages resulting from the officer dropping or otherwise unintentionally damaging the cell phone or other electronic device. . . . Section 7. That Section 1801(5) of the Fort Collins Traffic Code is hereby amended to read as follows: 1801. Authority to impound and immobilize. . . . (5) The owner of a motor vehicle may request an administrative hearing to contest whether, at the time the vehicle was immobilized or impounded, reasonable grounds existed to immobilize or impound the vehicle by: (a) Paying the total amount of the fines, fees and penalties, including fees for immobilization and impoundment, to Parking Services within seventy-two (72) hours of immobilization or impoundment; and . . . Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 91 - 7 - Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 92 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Marc Virata, Civil Engineer John Von Nieda, Chief Surveyor SUBJECT First Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of-Way Between Foothills Parkway and Monroe Drive. EXECUTIVE SUMMARY The proposed ordinance vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973 ("1973 Ordinance").The proposed ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In review of the Foothills Mall Redevelopment plans and plat, the City Surveyor discovered an error through research of previous recorded documents. In conjunction with development of the Foothills Mall, the 1973 Ordinance (approved by City Council on November 29, 1973) intended to vacate a portion of College Avenue right-of-way that was no longer needed for roadway purposes due to the elimination of a College Avenue frontage road. The legal description in the language of the 1973 Ordinance did not correctly describe the area to be vacated, and instead described a different area of vacation, offset thirty feet to the west from the intended vacation and did not extend an additional sixty feet to the south of the intended vacation. The approval of this proposed ordinance would vacate right-of-way to correspond with the intent of the 1973 Ordinance. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Foothills Mall Redevelopment Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommended that the vacation be approved. With the proposed vacation, an easement for utilities would be retained, which preserves the right to utilize the vacated portion for this purpose, and is consistent with the action by City Council in the 1973 Ordinance. Approval of the plat for Foothills Mall Redevelopment subsequent to approval of this ordinance would vacate the utility easement, but then dedicates easement along College Avenue for access, transit, drainage, and utilities, in conjunction with the improvements outlined in the Foothills Mall Redevelopment plans. Packet Pg. 93 Agenda Item 11 Item # 11 Page 2 FINANCIAL / ECONOMIC IMPACT If the portion of College Avenue right-of-way is vacated, the City will no longer be able to utilize the right- of-way for roadway purposes, but roadway purposes were no longer intended when the frontage road was eliminated. 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. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners, utility providers and potentially impacted departments. Packet Pg. 94 - 1 - ORDINANCE NO. 173, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF COLLEGE AVENUE RIGHT-OF-WAY BETWEEN FOOTHILLS PARKWAY AND MONROE DRIVE WHEREAS, Walton Foothills Holdings VI LLC, has requested that the City vacate a portion of College Avenue right-of-way between Foothills Parkway and Monroe Drive; and WHEREAS, said right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, said right-of-way was intended to be vacated with Ordinance No. 98, 1973; and WHEREAS, pertinent land owners, City agencies, and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that a utility easement is reserved by the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a portion of College Avenue right-of-way, more particularly described on Exhibits "A" and “B” attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving the same unto the City as a utility easement. Introduced and considered favorably on first reading and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. ____________________________________ Mayor ATTEST: City Clerk Packet Pg. 95 - 2 - Passed and adopted on final reading this 17th day of December, A.D. 2013. Mayor ATTEST: City Clerk Packet Pg. 96 Packet Pg. 97 Attachment: Exhibit A (Foothills Mall - College Avenue Vacation - Ordinance) Packet Pg. 98 Attachment: Exhibit A (Foothills Mall - College Avenue Vacation - Ordinance) Packet Pg. 99 Attachment: Exhibit A (Foothills Mall - College Avenue Vacation - Ordinance) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Marc Virata, Civil Engineer SUBJECT First Reading of Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street. EXECUTIVE SUMMARY The proposed Ordinance vacates the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway. This would make Foothills Parkway a private drive from College Avenue to Stanford Road (as the portion of Foothills Parkway from Mathews Street to Stanford Road was previously vacated in 1988). Easements for access, emergency access, drainage, utilities, and transit will be retained in order to allow these uses within the vacated right-of-way in conjunction with the redevelopment of the Foothills Mall. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Foothills Parkway was originally built and dedicated as a public street from College Avenue to Stanford Road with the development of the Foothills Fashion Mall (now known as Foothills Mall). In 1988, an expansion to Foothills Mall for Foley’s (now Macy’s) resulted in the vacation of Foothills Parkway right-of- way from Mathews Street to Stanford Road as approved in Ordinance No. 116, 1987 adopted by City Council on May 17, 1988. The owner of Foothills Mall has requested that the remaining public portion of Foothills Parkway from College Avenue to Mathews Street be vacated. Additionally, a portion of right-of-way along the west side of Mathews Street would be vacated due to the owner realigning a portion of Mathews Street intersecting Foothills Parkway, resulting in excess right-of-way. The owner received approval by the Planning and Zoning Board on February 7, 2013 of the Foothills Mall Redevelopment Project Development Plan and a condition of approval of the plan was made requiring this portion of Foothills Parkway be vacated. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Foothills Mall Redevelopment Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommended that the vacation be approved. With the proposed vacation, easements for access, emergency access, drainage, utilities, and transit would be retained, preserving rights to utilize the vacated portion for these purposes. Packet Pg. 100 Agenda Item 12 Item # 12 Page 2 FINANCIAL / ECONOMIC IMPACT 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. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted departments, and adjacent property owners. Packet Pg. 101 - 1 - ORDINANCE NO. 174, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING FOOTHILLS PARKWAY RIGHT-OF-WAY BETWEEN COLLEGE AVENUE AND MATHEWS STREET, AND VACATING A PORTION OF MATHEWS STREET WHEREAS, Walton Foothills Holdings VI LLC, has requested that the City vacate the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that an access, emergency access, drainage, utility, and transit easement is reserved by the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said street rights-of-way; and WHEREAS, the City shall have no duty to maintain the existing roadways after the Ordinance becomes effective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Foothills Parkway and a portion of Mathews Street right-of-way, more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein by this reference, are hereby vacated, abated and abolished, reserving the same unto the City as an access, emergency access, drainage, utility, and transit easements. Introduced and considered favorably on first reading and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. Mayor ATTEST: City Clerk Packet Pg. 102 - 2 - Passed and adopted on final reading this 17th day of December, A.D. 2013. Mayor ATTEST: City Clerk Packet Pg. 103 Packet Pg. 104 Attachment: Exhibit A (Foothills Mall - Foothills Parkway Vacation - Ordinance) Packet Pg. 105 Attachment: Exhibit A (Foothills Mall - Foothills Parkway Vacation - Ordinance) Packet Pg. 106 Attachment: Exhibit A (Foothills Mall - Foothills Parkway Vacation - Ordinance) Packet Pg. 107 Attachment: Exhibit A (Foothills Mall - Foothills Parkway Vacation - Ordinance) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Tom Leeson, Redevelopment Program Manager SUBJECT First Reading of Ordinance No. 175, 2013, Authorizing the Conveyance a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road. EXECUTIVE SUMMARY The purpose of this item is to accommodate the realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall property. The planned re-alignment will locate the ditch beneath the frontage road, across College Avenue opposite the mall and will require the conveyance of a permanent drainage easement to the Larimer Canal No. 2 Irrigating Company (the “Ditch Company”). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Larimer No. 2 Ditch is currently located on the Foothills Mall site and is to be relocated to the west of College Avenue in an effort to accommodate the redevelopment of the mall and the adjacent properties. The proposal is to realign the ditch so that it flows underground in a box culvert from its current location immediately north of Red Lobster restaurant, within the College Avenue frontage road and day lighting at its current location immediately south of Monroe Drive. It should be noted that the additional benefit of realigning the ditch allows a pedestrian underpass to be constructed in the location where the ditch currently flows under College Avenue. The pedestrian underpass will allow the redeveloped mall to have excellent pedestrian connections to the Mason Corridor and MAX transit stations. The frontage road along College Avenue immediately adjacent to Markley Motors and Red Lobster restaurant was dedicated as right-of-way in the 1970's as part of the subdivision that created those commercial sites. Right-of-way that is dedicated to the City of Fort Collins is owned and maintained by the City; however, the adjacent property owners have a property right in the right of way in that if the City ever vacated the right of way, under State law, ownership of the land would revert back to those adjacent property owners. In order for the City to dedicate the required easement to the Larimer No. 2 Ditch Company for the relocated ditch, the City must acquire that underlying property right from Markley Motors and Red Lobster. The City has acquired the necessary property interests from Markley Motors and is in the process of acquiring the necessary property interests from Red Lobster. This Ordinance authorizes the City to convey a permanent easement to the Ditch Company to operate and maintain ditch facilities under the College Avenue frontage road, once the necessary remainder property interests have been acquired. It should be noted that the City is not seeking compensation from the ditch company for the conveyance of the easement because the relocation is occurring as a result of the redevelopment of the mall. ATTACHMENTS 1. Location Map (PDF) Packet Pg. 108 Packet Pg. 109 Attachment: Location Map (Larimer No. 2 Ditch Easement Dedication) - 1 - ORDINANCE NO. 175, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT IRRIGATION DITCH EASEMENT AND RIGHT-OF-WAY TO THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY WITHIN THE SOUTH COLLEGE AVENUE FRONTAGE ROAD WHEREAS, the City is the owner of right-of-way for the South College Avenue frontage road between Foothills Parkway and Monroe Drive (the “Right-of-Way”); and WHEREAS, the Larimer County Canal No. 2 Irrigating Company (“Larimer No. 2”) is the owner of an irrigation ditch that currently crosses under College Avenue north of the Right- of-Way, runs through the Foothills Mall property, and then crosses back under College Avenue at Monroe Drive; and WHEREAS, as part of the redevelopment of the Foothills Mall, the Mall owner has agreed to relocate the Larimer No. 2 ditch off of the Mall property and into a new box culvert that would run underneath the Right-of-Way; and WHEREAS, the City would benefit from the relocation of the ditch because a pedestrian underpass could then be constructed where the ditch currently crosses under College Avenue, thereby providing an improved pedestrian connection between the Mall and the MAX/BRT station; and WHEREAS, Larimer No. 2 will only agree to relocate its ditch if the City will grant it a permanent easement for the ditch within the Right-of-Way; and WHEREAS, the proposed easement is described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, two commercial properties are located adjacent to the Right-of-Way; and WHEREAS, the owners of the adjacent properties also have a property interest in the City Right-of-Way, as title to the Right-of-Way property would vest in the adjacent owners if the City ever vacated the Right-of-Way; and WHEREAS, in order to avoid encumbering the interests of the adjacent property owners with the Easement, the City is negotiating with the adjacent property owners to acquire their interests in the Right-of-Way; and WHEREAS, the City would not convey the Easement to Larimer No. 2 until the City has secured such property interests from the adjacent owners; and WHEREAS, the City does not plan to charge Larimer No. 2 for the Easement because Larimer No. 2 is relocating its ditch at the request of the City for the benefit of the City and the Mall redevelopment; and Packet Pg. 110 - 2 - WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement to Larimer No. 2 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 Easement to Larimer No. 2 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 description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 111 ([KLELW $ 3DJHRI Packet Pg. 112 Attachment: Exhibit A (Larimer No. 2 Ditch Easement Dedication - Ordinance) ([KLELW $ 3DJHRI Packet Pg. 113 Attachment: Exhibit A (Larimer No. 2 Ditch Easement Dedication - Ordinance) ([KLELW $ 3DJHRI Packet Pg. 114 Attachment: Exhibit A (Larimer No. 2 Ditch Easement Dedication - Ordinance) ([KLELW $ 3DJHRI Packet Pg. 115 Attachment: Exhibit A (Larimer No. 2 Ditch Easement Dedication - Ordinance) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Resolution 2013-097 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Farm Annexation. EXECUTIVE SUMMARY The purpose of this item is to annex the first phase of Kechter Farm. A written petition has been submitted requesting annexation of 88.21 Acres within the Kechter Farm General Development Plan, located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently being approved in the County. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances not less than thirty days of prior notice as required by State law. The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted on August 31, 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulate the following: “The County may accept development applications for lands located within any area that is part of a “receiving area” established through an adopted subarea plan for any Larimer County This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The annexation of this property will create an enclave, which will affect approximately 180 acres of land to the north and west of the subject annexation. Packet Pg. 116 Agenda Item 14 Item # 14 Page 2 Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat” (Section 5B). Thus, this IGA stipulates that the properties in this area are annexed after the development review process. The City does have an opportunity to comment on projects, and City Boards and staff have been very engaged in the County’s development review process for the Kechter Farm project. The IGAs referenced are available online at http://www.fcgov.com/advanceplanning/pdf/iga-doc.pdf. Kechter Farm is located within the Fossil Creek Reservoir Area Plan and contains 286 acres. The parcel contains land that is both within the sending area (area to be conserved) and receiving area (area to be developed). In 2012, the Board of County Commissioners approved the project’s General Development Plan which permanently protected over 116 of the 286 acres on the parcel, making the conservation of this land is the last major piece of the Fossil Creek Reservoir conservation effort outlined in the Fossil Creek Reservoir Area Plan. This annexation is for 88.21 of the 170 acres that is designated for land development in the Kechter Farm General Development Plan. Kechter Farm does have 1/6 contiguity to existing City limits through Kinard Middle School to the northeast (annexed in May of 2007), Fossil Lake Third Annexation to the east (March 2002), Westchase Second Annexation (December 2001), and the Poudre School District and Timbers PUD Annexation (July 2002), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The annexation of this first phase of the Kechter Farm GDP will create an enclave to the north and west of the subject property, see Attachment 4. According to State Statutes, the creation of an enclave allows the municipality to annex the enclave areas after it has been an enclave for three years without a petition. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on December 12, 2013. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on January 7, 2014. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with State Statutes. There was significant public outreach during the land use approval process for the General Development Plan (GDP) through Larimer County, including a neighborhood meeting, and public hearings before the Planning Commission (June 20, 2012) and Board of County Commissioners (December 10, 2012). The GDP was approved by the Board of County Commissioners by a vote of 3-0. The preliminary plat is scheduled to be heard before the Planning Commission on December 13, 2013 and Board of County Commissioners on January 13, 2014. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Enclave Area Created (PDF) 5. Kechter Farm General Development Plan (PDF) Packet Pg. 117 Kechter Road S Timberline Road Carpenter Road I-25 TRroilabdy HIGHRIDGE FOSSIL SCHOOL ELEMENTARY ZACH KINARD ELEBMAECNOTNARY GSOCDHDOAORLD Kechter Vicinity Farm (Phase Map One) 1 inch = 2,000 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Limits Growth Management Area F o s s i l C r e e k R e s e r v o i r General Kechter Development Farm Plan ATTACHMENT 1 Packet Pg. 118 Attachment: Vicinity Map (Kechter Farm Annexation) Kechter Road S Timberline Road TRroilabdy BACON KINARD ELEMENTARY GSOCDHDOAORLD Ziegler Road LMN T LMN POL UE UE POL RL UE MMN LMN NC UE UE UE LMN MMN Kechter Zoning Farm (Phase Map One) 1 inch = 1,200 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) F o s s i l C r e e k R e s e r v o i r General Kechter Development Farm Plan M a i D l i t C c r h e e k Mail Crossing Creek ATTACHMENT 2 Packet Pg. 119 Attachment: Zoning Map (Kechter Farm Annexation) Fossil Reservoir Creek © Kechter Structure Farm (Phase Plan One) Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) KECHTER RD E CR 36 S TIMBERLINE RD 1 inch = 0.3 miles ZIEGLER RD Farm Site Annexation - Kechter (Phase One) Annexaton - Ar ea￿ Mail CrosCsrienegk Kechter Farm GDP ATTACHMENT 3 Packet Pg. 120 Attachment: Structure Plan Map (Kechter Farm Annexation) Kechter Road S Timberline Road TRroilabdy Kechter Enclave Farm Area (Phase Created One) 1 inch = 1,200 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Limits Enclave Area Created Growth Management Area Kechter Farm ATTACHMENT 4 Packet Pg. 121 Attachment: Enclave Area Created (Kechter Farm Annexation) ATTACHMENT 5 Attachment: Kechter Farm General Development Plan (Kechter Farm Annexation) - 1 - RESOLUTION 2013-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE KECHTER FARM ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Kechter Farm Annexation; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Kechter Farm Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39'17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet; thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet; to the beginning of a non-tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Packet Pg. 123 - 2 - Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 261.39 feet to the East line of the aforesaid South 1/2; thence S 00°16'47” W along said East line for a distance of 242.53 feet; thence leaving said East line N 89°43'04” W for a distance of 384.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 53.94 feet to the East line of the Southeast 1/4 of aforesaid Section 8; thence S 00°24'49” W along said East line for a distance of 279.12 feet; thence leaving said East line S 89°58'57” W for a distance of 50.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet; thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the West line of the aforesaid Southeast 1/4 of Section 8; thence N 00°43'49” E along said West line for a distance of 66.00 feet; thence leaving said West line S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 89°16'40” W for a distance of 35.84 feet to the aforesaid West line of the South 1/2 of the Northeast 1/4 of Section 8; thence N 00°43'20” E along said West line for a distance of 720.55 feet to the Point of Beginning, containing 88.21 acres, more or less. Packet Pg. 124 - 3 - Section 2. That the City Council hereby finds and determines that the annexation petition for the Kechter Farm Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above-described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of December, A.D. 2013. __________________________________ Mayor ATTEST: ____________________________ City Clerk Packet Pg. 125 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Kechter Farm Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on January 7, 2013, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Low Density Mixed-Use Neighborhood District (“L-M-N”) Zone District and the Urban Estate (“U-E”) Zone District. 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. Dated this _____ day of _______________, A.D. 2013. _______________________________ City Clerk Packet Pg. 126 Attachment: Kechter Farm Annexation Notice (Kechter Farm Annexation - Resolution) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Chris Martinez, Budget Analyst Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2013-098 Adopting the Annual Revenue Allocation Formula to Define the City of Fort Collins’ Contribution to the Poudre Fire Authority Budget for the Year 2014 for Operations and Maintenance. EXECUTIVE SUMMARY This Resolution establishes a Revenue Allocation Formula between the City of Fort Collins and the Poudre Fire Authority to contribute funding for operating and maintenance of the Poudre Fire Authority. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In December 1981, the Council entered into an intergovernmental agreement (“IGA”) with the Poudre Valley Fire Protection District, creating the Poudre Fire Authority (“PFA”). The IGA was amended in 1987. According to the IGA, the City will contribute funding for maintenance and operating costs of PFA, based on a Revenue Allocation Formula (“RAF”). The RAF is to be set annually, but paid monthly, based upon a percentage of sales and use tax revenues, excluding dedicated sales and use tax revenues that must be spent on specific projects, and a portion of the operating mill levy of the City’s property tax. The City calculates the RAF at a sum equal to .185 of one cent of the 2.25 cent sales and use tax applicable to all taxable sales and uses, plus 67.09% of the property tax available for operations and maintenance. Based on these calculations, the City’s 2014 contribution to the PFA, including Keep Fort Collins Great (KFCG) funds, for operations and maintenance is $18,423,017. In addition to the operation and maintenance contribution, the 2014 Budget authorizes one mill of the City’s property tax mill levy to fund PFA’s capital needs. This mill levy was approved by the Council in 1991 to provide additional funding necessary for anticipated capital improvements, including land acquisition, construction of additional stations, and acquisition of major firefighting apparatus. The revenue from this dedicated mill is to be managed according to the property tax levy and revenue limitation provisions of TABOR. It is anticipated that the one mill tax levy will generate an estimated $1,771,802. This Resolution does include the City’s contribution of $164,393 for the Southwest Annexation which was included in the 2014 annual appropriation approved by City Council on November 5, 2013. The City will also make a debt payment on behalf of PFA in 2014 in the amount of $234,354. This is related to the capital expansion fees to be used for Station 4. This debt payment is not included in the RAF calculation nor in the total indicated as the City’s Contribution to PFA for 2014, but is included in the 2014 annual appropriation approved by City Council on November 5, 2013. Packet Pg. 127 Agenda Item 15 Item # 15 Page 2 Together, the City’s total 2014 contributions to PFA for operations and maintenance, capital needs, the Southwest Annexation and debt retirement is $20,359,212. FINANCIAL / ECONOMIC IMPACT Adoption of the Resolution will establish a Revenue Allocation Formula, thereby defining the City’s contribution to the Poudre Fire Authority in 2014. Additionally, one mill levy of the City’s Property tax mill levy will go to fund PFA’s capital needs. The total City contributions to PFA for operations, maintenance and capital needs in 2014 will be $20,359,212. Packet Pg. 128 - 1 - RESOLUTION 2013-098 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE ANNUAL REVENUE ALLOCATION FORMULA TO DEFINE THE CITY OF FORT COLLINS’ CONTRIBUTION TO THE POUDRE FIRE AUTHORITY BUDGET FOR THE YEAR 2014 FOR OPERATIONS AND MAINTENANCE WHEREAS, on December 22, 1981, the City entered into an Intergovernmental Agreement (the “IGA”) with the Poudre Valley Fire Protection District creating the Poudre Fire Authority (the “Authority”), which IGA was last amended in 1987; and WHEREAS, the Authority provides fire protection services to all properties within the City limits and the City has a continuing commitment to provide funding to the Authority for its public safety services; and WHEREAS, the IGA provides that the City’s contribution for maintenance and operation costs is based on a “revenue allocation formula” (“RAF”) which is set annually, based upon a percentage of sales and use tax revenues, excluding sales and use tax revenue which must be spent on specific projects, and a portion of the operating mill levy of the City’s property taxes available; and WHEREAS, the City’s RAF contribution to the Authority for 2014 operations and maintenance costs has been so calculated and adjusted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following formula is hereby adopted to set the City’s RAF contribution to the Poudre Fire Authority for the year 2014: REVENUE ALLOCATION FORMULA The City will contribute to the Poudre Fire Authority a sum equal to .185 of one cent of the City’s 2.25 cent sales and use tax rate applicable to sales and use tax revenues (excluding sales tax revenue which must be spent on specific projects) to provide for maintenance and operation costs and a sum equal to 67.09 percent of the operating mill levy of the City’s property taxes to provide for capital improvement costs of the Poudre Fire Authority. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of December A.D. 2013 ____________________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 129 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF John Phelan, Energy Services Manager SUBJECT Resolution 2013-099 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County in Support of the Larimer County Conservation Corp Energy and Water Program. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of an intergovernmental agreement (“IGA”) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corp (“LCCC”) Energy and Water Program (the “Program”). The agreement would allow for four one-year renewals for a total of five years, subject to budget appropriations. Prior agreements for this program have been signed by the City Manager per City Code Section 1-22, which allows the City Manager to sign agreements if the monetary obligation does not exceed $50,000 and the agreement is in furtherance of a policy or work plan item which has been specifically approved by the City Council. The proposed program cycle for 2013-2014 has been extended to serve more customers, resulting in an agreement which exceeds this limit. The City of Fort Collins Utilities has partnered with the LCCC since 2010. Crews have supported local resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities and Loveland Water and Power. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2013 spring season, LCCC crews have assessed 1,112 homes in Fort Collins. STAFF RECOMMENDATION Staff recommends approval of the proposed Intergovernmental Agreement. BACKGROUND / DISCUSSION The mission of the Energy and Water Program is to positively impact the local community as well as the environment by promoting energy and water conservation. The Program has implemented a workforce development model of training young adults in the efficiency industry while addressing the community’s low-income population’s accessibility to conservation measures and education. This Program is an important component within a portfolio of programs and services which support progress towards Fort Collins’ goals related to the Energy Policy, Climate Action Plan and Water Conservation Plan. The City of Fort Collins Utilities has partnered with the LCCC since 2010. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2013 spring season, LCCC crews assessed 1,112 homes in Fort Collins, saving customers over $107,000 annually by reducing energy and water use (800,000 kilowatt-hours, 32,000 therms, 6.7 million gallons of water). Packet Pg. 130 Agenda Item 16 Item # 16 Page 2 The Program is a proven model serving the interests of the City, the County, and citizens to provide services efficiently and cost-effectively, and to minimize overhead expenditures for administration. The Program is also successful example of collaboration between Fort Collins Utilities, Loveland Water and Power and Larimer County. Platte River also contributes to the overall funding model by providing electric efficiency equipment (e.g. efficient light bulbs). Larimer County also brings funding from both State and Federal sources through the Conservation Corp. Utilities funds are only used to serve Fort Collins electric customers. FINANCIAL / ECONOMIC IMPACT The IGA commits Fort Collins Utilities to an obligation of $83,296 from December 2013 through May 2014, based on the LCCC meeting requirements for the minimum number of assessments. Utilities has budgeted funds within the Energy Services and Water Conservation Divisions for the provision of efficiency audits and directly installed efficiency equipment. No additional funding or appropriation is required. Future agreements for services from LCCC will be dependent upon efficiency funding appropriations. ENVIRONMENTAL IMPACTS As noted above, LCCC crews have assessed 1,112 homes in Fort Collins over the last four program cycles. The installed equipment from these audits are estimated to be saving over 800,000 kilowatt-hours 32,000 therms and 6.7 million gallons of water annually by reducing energy and water use. The 2013/2014 extended program has a target of serving between 325 and 425 Fort Collins households, increasing the programmatic savings by approximately 30%. Packet Pg. 131 - 1 - RESOLUTION 2013-099 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY, COLORADO IN SUPPORT OF THE LARIMER COUNTY CONSERVATION CORP ENERGY AND WATER PROGRAM WHEREAS, since 2010, the City's Utilities Department has partnered with the Larimer County Conservation Corp (LCCC) in support of local resource conservation programming; and WHEREAS, the LCCC conservation services have included performing home efficiency assessments for customers of Fort Collins Utilities and Loveland Water and Power; and WHEREAS, home efficiency assessments include on-site evaluations, energy and water saving retro-fits, and customer education; and WHEREAS, LCCC’s conservation services include an Energy and Water Program (Program), which trains young adults in the efficiency industry and improves access for low- income populations to conservation measures and education; and WHEREAS, the Program is an important component of the programs and services that support the goals of the City’s Energy Policy, Climate Action Plan, and Water Conservation Plan; and WHEREAS, through the last four program cycles, LCCC has provided assessments and education for 1,112 Fort Collins Utilities customers, resulting in an estimated savings of over 800,000 kilowatt-hours and 32,000 therms of energy, and 6.7 million gallons of water; and WHEREAS, the proposed 2013-2014 LCCC program cycle has been extended to serve 325-425 additional Fort Collins Utility customers, requiring the City to commit $83,296 to continue its support of LCCC’s services; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Mayor execute an intergovernmental agreement with Larimer County for the purpose of supporting the Larimer County Conservation Corp Energy and Water Program in the 2013-2014 cycle, with the option to renew the City’s support for up to four additional program cycles. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement with Larimer County in support of the Larimer County Conservation Corp Energy and Water Program, to provide home efficiency audits, directly installed efficiency equipment, and community education, with the City to provide funds in the amount of $83,296 to be obtained from existing appropriations in the Energy Services and Water Conservation Divisions budgets, which intergovernmental agreement is attached hereto as Exhibit “A.” Packet Pg. 132 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of December, A.D. 2013. ________ Mayor ATTEST: City Clerk Packet Pg. 133 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES This Agreement is made this 1st day of November, 2013, by and between the City of Fort Collins, Colorado, a municipal corporation (hereinafter called the "City") and Larimer County, Colorado, through Larimer County Workforce Center, Conservation Corps, 200 West Oak Street, Suite 5000, Fort Collins, Colorado 80521 (hereinafter called the "Provider"). WITNESSETH WHEREAS, the City wishes to promote development of job skills in the efficiency industry for young adults in Larimer County while increasing availability of energy and water conservation measures and education to low-income electric customers; and WHEREAS, the Provider wishes to expand its established Conservation Corps program in order to provide such opportunities through the LCCC Energy & Water Program; and WHEREAS, it is in the best interests of the City, the County, and their taxpayers to provide services efficiently and cost-effectively, and to minimize overhead expenditures for administration and program creation. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. Services. The Provider agrees to provide services generally described as providing assessment and completion of energy and water savings product installations for 325-425 low- income electric utility customers of the City, and to provide related conservation education, assistance and promotion of the City’s home energy and water rebate programs, as more fully described in Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as of the date set forth above and completed no later than May 31, 2014. This Agreement shall automatically renew for up to four additional one-year terms, to conclude no later than May 31, 2018, unless earlier terminated. 3. Compensation. In consideration for Provider’s services, the City agrees to pay Provider according to the schedule set forth in Exhibit “B”, consisting of one (1) page and incorporated herein by this reference, with a maximum not to exceed Eighty-Three Thousand Two Hundred and Ninety-Six Dollars ($83,296.00). Provider shall submit itemized invoices for payment in accordance with Exhibit B. The City will make payments within thirty (30) days after receiving a properly documented invoice from Provider. 4. No Joint Employer Relationship. All youth employed shall remain at all times subject to the sole and exclusive control, supervision, and direction of the Provider. The Provider shall have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of such employees. The Provider shall also have the sole and exclusive authority to determine the method, means, and manner of performance of such employees, and to establish their wages, hours Packet Pg. 134 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 2 and working conditions. The Provider shall be the sole employer of all employees providing services pursuant to this Agreement. This Agreement shall not be construed as creating a "joint- employer" relationship between the Provider and the City. 5. Payroll Processing. The Provider agrees to perform all necessary payroll processing and personnel administration with respect to employees hired or retained pursuant to this Agreement in compliance with all applicable federal and state laws and local ordinances, including but not limited to the maintenance of all employment-related records, the issuance of payroll checks and the withholding of FICA and applicable federal and state taxes. The City agrees not to provide anything of value to any employee of the Provider performing services under this Agreement, whether in the form of a gift or compensation, without prior written approval from the Provider. 6. Worker's Compensation. The Provider agrees to provide workers' compensation coverage for employees pursuant to this Agreement. It is the intent of the Provider and the City that the Provider's workers’ compensation insurance carrier shall be liable for any benefits awarded to any injured employee under the terms of this Agreement. 7. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the extent required by law. No term or condition of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protections available to any party under the Colorado Governmental Immunity Act. As the sole employer of all employees providing services pursuant to this Agreement, Provider agrees that the City shall have no obligation or liability in connection with: (a) the selection, hiring, discipline, firing or assignment of such employees; (b) the method, means or manner of performance of such employees; (c) the wages, hours or working conditions of such employees; (d) negligent conduct, intentional conduct, and criminal conduct, including commissions and omissions, of such employees; and (e) the employment relationship between the Provider and such employees. 8. Additional Provider Obligations. 8.01 No person with responsibilities in the provision of services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant or any applicant for participation on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs. 8.02 No services provided under this Agreement shall involve political activities and no funds made available under this Agreement shall be used for lobbying activities. 8.03 No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom (s)he has a relationship by blood or marriage or a close business, political or personal association. Packet Pg. 135 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 3 8.04 Provider agrees to complete background checks reasonably satisfactory to the City on all youth or other employees of Provider prior to participation in the Program, and to limit participation to persons shown through said checks to be reliable and reasonably suited for work in the homes of City utility customers. Any such checks shall be completed in accordance with applicable laws. 9. Information Available to Provider. The City agrees to make available to Provider such information as is required to enable Provider to provide its services in compliance with local, state and federal laws, and subject to the following: 9.01 Provider must implement reasonable policies and procedures to detect, prevent and the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations Part 681, including requiring any Conservation Corp Energy Program employees to sign a confidentiality agreement as a condition of employment. Further, Provider must notify the City in writing of any information leading Service Provider to believe identity theft has occurred regarding a City covered account and must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts. 9.02 In connection with the Services to be provided to the City pursuant to this Agreement, the Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials, including but not limited to all name, address, telephone number, and personal information of all customers receiving services from Provider hereunder. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Provider has agreed to perform, including but not limited to any information generated by the Provider in connection with the performance of services under this Agreement, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with or as a result of the performance of services for the City may be confidential and/or proprietary. The Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City); and (c) all information generated by Provider in the course of or in connection with the provision of services under the Agreement. The Provider shall not disclose any such information to any person except as authorized by the City. Further, the Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Provider understands that it shall have no obligation under this Agreement with respect to information and material that is required by Packet Pg. 136 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 4 law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any such disclosure, Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that Provider ceases to perform services for the City, or the City so requests for any reason, Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. Provider understands and agrees that the City’s remedies at law for a breach of Provider’s obligations under this Confidentiality provision may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 10. Parties' Representatives. For the purposes of this Agreement, Provider hereby designates Maelly Oropeza, Program Coordinator (moropeza@larimer.org, 970-498-6630) as its representative. The City designates John Phelan, Energy Services Manager (jphelan@fcgov.com, 970-416-2539) as its representative. 11. City Responsibilities. In addition to providing payment as set forth above, the City shall further be obligated to provide the following for use by Provider in performing Provider’s obligations hereunder: 1. Provide materials for direct installation into the assessed homes. Materials include, as appropriate, compact fluorescent light bulbs, low-flow showerheads, faucet aerators, high efficiency toilets, programmable thermostats, carbon monoxide detectors, power strips, and clotheslines; 2. Assist with marketing efforts in seeking households through agency materials, community partners, online or other means; 3. Identify a liaison to the LCCC Water & Energy Program with a focus on Corps member development. Examples of activities could include networking, shadowing, informational interviews, sitting on an industry panel for questions and answers, or site visits of the crew in the field. 4. Offer written feedback upon completion of the program. 12. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 13. Remedies upon Default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Packet Pg. 137 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 5 Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) seek any other remedy available at law or equity. 14. Compliance with Laws/Nondiscrimination. Contractor 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 and to the origination of mortgage loans and other credit and lending activities. Contractor shall provide all services hereunder in a manner consistent with all laws and requirements pertaining to civil rights, nondiscrimination and constitutionally protected classes and rights, applicable to the provision of municipal services to members of the public. 15. Entire Agreement. This instrument and its exhibits constitute and contain the entire agreement and understanding of the parties hereto concerning the employee’s employment and the other subject matters addressed herein, and supersedes and replaces all prior negotiations, agreements, understandings, warranties, promises or otherwise between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto, concerning the subject matters hereof. 16. Severability of Invalid Provisions. In the event any covenant, condition or provision of this Agreement or the application thereof, is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the City or Provider in their or either of their respective rights and obligations under the valid covenants, conditions or provisions of the Agreement. 17. Governing Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Colorado. 18. Waiver of Breach -- Effect. No waiver of any breach of any term of provision of this Agreement by the City or Provider shall be construed to be, nor shall be, for any purpose, a waiver of any breach of any other provision hereof or of a continuing or subsequent breach of the same provision. No waiver shall be valid unless in writing and signed by the party waiving the breach. 19. Binding Effect. This Agreement shall be binding upon the parties hereto and their heirs, administrators, personal representatives, successors and assigns of each respectively. 20. Headings. Paragraph headings contained herein are for convenience and reference, and are not intended to define or limit the scope of any provisions of this Agreement. 21. Appropriation of Funds. Obligations of the City hereunder are contingent upon appropriation of funds sufficient and intended for this purpose by the City Council of the City, in its sole discretion. Packet Pg. 138 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 6 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective, nunc pro tunc, as of November 1st, 2013. LARIMER COUNTY CONSERVATION CORPS Date: ____________________ By: LARIMER COUNTY WORKFORCE CENTER, LARIMER COUNTY, COLORADO Date: _____________________ By: ___________________________________________ CITY OF FORT COLLINS, COLORADO Date: _____________________ By: Darin Atteberry, City Manager ATTEST: APPROVED AS TO FORM: ____________________________ ___________________________ City Clerk Assistant City Attorney Packet Pg. 139 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 7 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES Exhibit A: Scope of Services BACKGROUND The Larimer County Conservation Corps (LCCC) has existed for twenty years in our local community. During this tenure, LCCC has specifically focused on providing workforce development programming for young adults, focusing on conservation. Since 2008, the LCCC– Water & Energy Program has implemented a workforce development model of training young adults in the efficiency industry while addressing the community’s low-income population’s accessibility to energy and water conservation measures and education. LCCC is excited that the City of Fort Collins Utilities sees the value of this partnership with the LCCC – Water & Energy Program to meet the needs of Fort Collins’ residents and further expose the next generation of young adult workers to careers in the utility industry in Northern Colorado. This Exhibit A addresses the objectives of the Water & Energy Program, the scope of services, training, roles and responsibilities, and benefits of this partnership. OBJECTIVE Implement the LCCC – Water & Energy Program within Fort Collins, Colorado in an effort to assess and further complete energy and water savings product installations for a minimum of 325 low-income homes through service learning opportunities for Corpsmember development. In addition, LCCC- Water & Energy will also provide conservation education, tips, and rebate opportunities to the resident’s home during the assessment. The LCCC is solely responsible for program oversight and implementation of targeted goals. SCOPE OF SERVICES 1. Community A. Target marketing efforts to low-income residents and partners that serve such populations with an emphasis on the multi-family housing sector. B. Schedule home efficiency assessment, verifying that homes are served by Fort Collins Utilities. C. LCCC crews will perform assessment, installation, educate residents about conservation techniques, and promote additional comprehensive audit services if interested. D. Gather data from assessments to compile energy and water conservation measures installed and associated savings (e.g. kilowatt-hours, carbon, gallons). E. Gather demographic information from participants to align with income guidelines for County services. 2. Auditor/Staff A. Train 6-9 Corpsmembers in home efficiency assessment and conservation retrofitting while seeking industry recognized certification from a third-party vendor. B. Encourage Corpsmembers to further develop their leadership style for personal and professional growth through peer mentoring, networking within industry, or facilitating group activities. Packet Pg. 140 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 8 C. Work with internal and external partners including the City of Fort Collins Utilities to help Corpsmembers better understand the utilities industry and future career opportunities through networking, shadowing, informational interviews, and site visits. D. Report back the residential assessment data outcomes to partners not less than once each calendar quarter. E. Complete a final report summarizing all activities and results. F. Upon program completion, Corpsmembers will present their findings to local utility boards at a quarterly meeting. FORT COLLINS UTILITIES RESPONSIBILITIES The City of Fort Collins Utilities responsibilities towards the program include: 5. Provide materials for direct installation into the assessed homes. Materials include, as appropriate, compact fluorescent light bulbs, low-flow showerheads, faucet aerators, programmable thermostats, carbon monoxide detectors, power strips, clotheslines and toilets. 6. Assist with marketing efforts in seeking households through agency materials, community partners, online or other means. 7. Identify a liaison to our Water & Energy Coordinator with a focus on Corpsmember development. Examples of activities could include networking, shadowing, informational interviews, sitting on an industry panel for questions and answers, or site visits of the crew in the field. 8. Offer written feedback upon completion of the program. BENEFITS When the 2013-2014 LCCC Water & Energy Program is complete, the Fort Collins community will collectively have a minimum of 325 low-income residences assessed and retrofitted with basic efficiency products. Benefits will also include timely, accurate and usable data, and a willing and able workforce that may act as a feeder program for utility opportunities in the near future to better train and employ the next generation of utility workers. PROGRAM COSTS Program costs are summarized below. LCCC will not incur additional programs costs without written prior approval. Description Amount Notes Efficiency Materials (e.g. CFL bulbs, thermostats, power strips, clotheslines) $17,012 Efficiency products will be purchased on an as need basis. Water Conservation Materials (e.g. showerheads, aerators, toilets, tank banks, dye tabs) $0 Provided to LCCC from Utilities Water Conservation 2013-2014 Program Support $66,284 Total $83,296 Total may vary based on purchases of Packet Pg. 141 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 9 as-needed products. Exhibit B describes the payment schedule for services under this agreement. Packet Pg. 142 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) 10 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES Exhibit B: Payment Schedule Compensation. 3.01 In consideration for Provider’s services, the City agrees to pay Provider according to the schedule set forth below, with a maximum not to exceed Eighty-Three Thousand Two Hundred and Ninety-Six Dollars ($83,296.00). 3.02 Provider shall submit itemized invoices for payment. The City will make payments within thirty (30) days after receiving a properly documented invoice from Provider. Milestone Program Materials Signing Agreement (50% of program support) $33,142.00 $0 50% of Audits/installations completed (20% of program support plus materials reimbursement) $13,256.80 $8,506.00* 100% of Audits/installations completed (20% of program support plus materials reimbursement) $13,256.80 $8,506.00* Final Report (10%) (10% of program support plus materials reimbursement) $6,628.40 $0* Sub-Total $66,284.00 $17,012.00 Total $83,296.00 * Provide itemized receipts for materials invoicing. Packet Pg. 143 Attachment: IGA (Larimer County IGA for Energy and Water Conservation Program - Resolution) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Kelly DiMartino, Assistant City Manager SUBJECT Resolution 2013-100 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. EXECUTIVE SUMMARY The purpose of this item is to approve a bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP). The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2014 and 2015. City staff and the FOP have tentatively reached an agreement. On November 11, 2013, bargaining unit members voted to ratify the proposed agreement. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In August, 2004, City voters passed Citizen Ordinance No. 001 which modified the City Code to provide for collective bargaining between the City and members of the Police Services bargaining unit. Members of the bargaining unit selected the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) to serve as their bargaining agent. The first bargaining agreement was approved in 2006. Since 2011, the City and the FOP have utilized an Interest Based Bargaining (IBB) approach rather than traditional bargaining. The current round of negotiations focused on these primary interests: Fostering and preserving public trust Good stewardship of resources/affordability Fair and equitable treatment of employees Consistency of policies and benefits as compared to other City employees, recognizing the unique characteristics of police work Adoption of the Resolution would approve the terms and conditions of employment for members of the bargaining unit for 2014 and 2015 and authorize the City Manager to execute the agreement on behalf of the City. The proposed Collective Bargaining Agreement is on file with the City Clerk's Office. A summary of the bargaining agreement is attached to the Resolution as Exhibit “A.” FINANCIAL / ECONOMIC IMPACT The financial cost impact for 2014 will be approximately $560,000. This amount is included in the existing 2014 Budget. The financial impact for 2015 is unknown, but is estimated to be less than 2014 costs as the salary adjustments made in 2014 bring the FOP members to the agreed upon market. Packet Pg. 144 - 1 - RESOLUTION 2013-100 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE WHEREAS, on August 10, 2004, the electors of the City approved at a special City election an ordinance that contains a comprehensive scheme for collective bargaining between the City and certain employees of its Police Services (the "Ordinance"); and WHEREAS, the Ordinance amended the City Code by adding a new Division 7 to Article VII Chapter 2 of the Code entitled "Public Safety Administration Cooperative Agreement"; and WHEREAS, on September 28, 2005, the District Court for Larimer County, Colorado, entered an Order in Case Number 05-CV-1146 invalidating portions of the Ordinance dealing primarily with binding arbitration and leaving intact those portions of the ordinance requiring good faith negotiations between the City and the designated bargaining agent; and WHEREAS, pursuant to the provisions of the Ordinance, the Northern Colorado Lodge #3, Colorado Fraternal Order of Police ("FOP") was selected as the designated bargaining agent for those employees of Police Services who are members of the bargaining unit; and WHEREAS, in 2006, the City and the FOP entered into a collective bargaining agreement for 2006-2007 and, since that time, the parties have approved and executed subsequent agreements for each ensuing two-year period; and WHEREAS, the latest such agreement will expire on December 31, 2013; and WHEREAS, the City and the FOP have, pursuant to the provisions of the Ordinance, again engaged in negotiations regarding the terms and conditions of a new collective bargaining agreement for 2014 and 2015; and WHEREAS, the City Manager has recommended the City Council approval of such agreement; and WHEREAS, the City Council, having considered the terms and conditions of the proposed agreement, believes that it would be in the best interests of the City to approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby approves the terms and conditions of that certain collective bargaining agreement, a copy of which is on file in the office of the City Clerk and a summary of which is attached hereto and incorporated herein by this reference as Exhibit "A", and authorizes the City Manager to execute the collective bargaining agreement on behalf of the City. Packet Pg. 145 - 2 - Passed and adopted at a regular meeting of the City Council held this 3rd day of December, A.D. 2013. ____________________________________ Mayor ATTEST: ______________________________ City Clerk Packet Pg. 146 Exhibit “A” Summary of the 2014-2015 Bargaining Agreement The City (City of Fort Collins) management and the FOP (Fraternal Order of Police), representing the members of the Fort Collins Police Services Bargaining Unit, have reached a tentative agreement for the 2014-15 contract. Following is a summary of the changes which were made to the agreement: 1. Unpaid Administrative Leave The current contract allows for employees to be placed on paid administrative leave during events such as employee investigations, pending pre-deprivation decisions, and to protect the public or City employees. Article 24 was amended to allow the City to put Bargaining Unit members on unpaid administrative leave in the following situation: a. Employees of the Bargaining Unit who have had felony criminal charges filed against them by a local, state or federal prosecutor’s office may be placed on unpaid administrative leave if the following two-prong test is met: 1. The felony criminal charge(s) filed by a local, state or federal prosecutor’s office, if true, could result in a terminable offense; and 2. The available evidence is clear and convincing that the employee committed the offense. b. The City and the FOP agreed to a review process that will occur before placing a Bargaining Unit member on unpaid administrative leave, as well as a timeline and process following disposition of the criminal case for returning the employee to duty or implementing the appropriate discipline. c. There may be cases where an employee who has had felony criminal charges filed against them will not be placed on unpaid administrative leave and the City will proceed quickly with the administrative investigation. Employees in this situation may voluntarily request to be placed on unpaid administrative leave to protect against self-incrimination should a Garrity interview be compelled by the agency. The request is subject to the approval of the Chief of Police. 2. Market Compensation Adjustments The City will use the most current data available to determine market, including a blend of 2013 data and the confirmed 2014 data that was available. This same approach will be used to review market data for 2015. The City benchmarks market data with twelve comparable jurisdictions in Colorado. To be consistent with the City’s philosophy of paying at or slightly above market, Bargaining Unit salaries shall be set at 5 th place in the ranking. Employees must meet skill and performance standards to be eligible for market pay. a. Using the criteria established above, the City and the FOP agreed to salary adjustments, by position, as follows: Police Officer: 3.76% increase. Police Sergeant: 3.10% increase. Police Lieutenant: 2.53% increase. Community Service Officer: 3.76% increase. Dispatcher: 1.80% increase. Dispatch Supervisor: .36% increase. Packet Pg. 147 Attachment: Exhibit A (Collective Bargaining Agreement - Resolution) Dispatch Manager: 8.65% increase. This results in an overall 3.38% increase for FOP members. While this exceeds the 2% originally budgeted in 2014, the additional 1.38% can be covered from existing personnel resources and salary savings within the Police Services budget. b. Consistent with the current contract, salaries will also include a performance component. Employees whose performance exceeds City standards will receive an additional $500 per year, while employees whose performance is exceptional will receive an additional $1000 per year. Salaries are reduced by $500 for employees whose performance needs improvement and by $1000 for employees whose performance is unacceptable, although employees in that category are managed out of the organization. c. Salaries for 2015 will be set using the same market, skill and performance criteria. The City will meet with the FOP to compare market data and will consult with the FOP prior to making the 2015 market adjustments. 3. Scheduling The Patrol division is considering a hybrid schedule that would provide greater flexibility for scheduling and allow police resources to be deployed more efficiently. a. Article 47 (Scheduling) was modified to allow 8-, 10- or 12-hour shifts; the current contract references only 8- or 10-hour shifts. b. Sections from the existing contract that provide specific times for patrol, dispatch and community service shift schedules were removed. 4. FOP Status and Rights Article 7 addresses how FOP members will be compensated during negotiations. a. The FOP Chief Negotiator will be granted more flexibility to use up to 80 hours throughout the course of the negotiation year, as opposed to within a two-week period as stated in the current contract, so long as the time is approved by their supervisor. b. FOP members will be allowed to donate 6, rather than 3, hours of unused vacation, holiday and/or award time to the FOP Leave Bank. Additionally, the amount of time that can be carried over will be increased from 300 to 360 hours. 5. Modified Duty Article 29 outlines circumstances under which employees may be eligible for modified duty when temporarily unable to perform essential functions of their jobs. The recommended 2014 contract change aligns the length of modified duty with the definition of a temporary disability. Both would be 12 months from the date of disability. The 2013 contract allowed 6 months of modified duty. 6. Language Updates & Corrections In addition to the significant changes above, a language committee reviewed the contract and made minor corrections to address issues where language was ambiguous, out of date, or rendered obsolete under current law. Packet Pg. 148 Attachment: Exhibit A (Collective Bargaining Agreement - Resolution) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Lindsay Kuntz, Real Estate Specialist SUBJECT Resolution 2013-101 Authorizing a Revocable Permit for Poudre Fire Authority to Use City Property for Training Activities. EXECUTIVE SUMMARY The purpose of this Resolution is to authorize the City Manager to execute a Revocable Permit to allow Poudre Fire Authority to use a vacant residential building on City Property for fire and life safety training activities for a period of one year. The City acquired a property at the southwest corner of Prospect Road and Timberline Road in 2006 as part of a road improvement project. Poudre Fire Authority (“PFA”) was granted a revocable permit to use a residential structure on the property to perform fire and life safety training activities. The permit will expire in January 2014. PFA has expressed interest in extending the permit and City staff has agreed to allow the training activities to continue for an additional year. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The City property, located at the southwest corner of Prospect Road and Timberline Road, was acquired as part of the Timberline Road Improvements Project - Prospect to Drake. The improvements on the property at the time of the acquisition included a small vacant residential structure and four silos. After the acquisition of the property, Poudre Fire Authority “PFA” requested permission from the City to use the residential structure to coordinate and conduct various life and fire safety training exercises. The City Manager issued a revocable permit to PFA to use and access the property for training, which will expire in January 2014. PFA has expressed an interest in extending the permit for a year in order to continue their use of the residence. Such an extension would exceed the City Manager’s authority to issue revocable permits without City Council authorization. City staff has reviewed the request and agreed to allow the use to continue for an additional year. FINANCIAL / ECONOMIC IMPACT City staff recommends the Revocable Permit be granted to Poudre Fire Authority at no cost. PFA will be required to repair any and all damage as a result of their activities, as well as, return all physical conditions to their original state at no cost to the City. PFA will also maintain the residence and perform mowing activities, as needed, at their cost. ATTACHMENTS 1. PFA Revocable Permit Location Map (PDF) Packet Pg. 149 Packet Pg. 150 Attachment: PFA Revocable Permit Location Map (PFA Training Revocable Permit) Attachment 1: Page 2 of 2 N Packet Pg. 151 Attachment: PFA Revocable Permit Location Map (PFA Training Revocable Permit) - 1 - RESOLUTION 2013- 101 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT FOR POUDRE FIRE AUTHORITY TO USE CITY PROPERTY FOR TRAINING ACTIVITIES WHEREAS, the City is the owner of a parcel of real property located at the southwest corner of Prospect Road and Timberline Road in Fort Collins, Colorado, identified in the Larimer County Assessor’s records as parcel number 87191-00-928 (the “City Property”); and WHEREAS, the City Property was purchased as part of the Timberline Road Improvements Project; and WHEREAS, the City Property includes a small residential structure and silos; and WHEREAS, in 2007 the City and Poudre Fire Authority (PFA) entered into an intergovernmental agreement (IGA) allowing PFA to use portions of the City Property for fire and life safety training purposes; and WHEREAS, in 2013, through discussions between City staff and PFA regarding PFA’s interest in continuing to use the City Property, it was determined that a revocable permit would be a more appropriate means to authorize the use of property owned by the City than an IGA; and WHEREAS, in July 2013, pursuant to his authority under Section 23-116 of the City Code, the City Manager granted a revocable permit to Poudre Fire Authority for six months to conduct training activities in and around the residential structure on the City Property; and WHEREAS, Poudre Fire Authority has asked for a one-year extension of that revocable permit; and WHEREAS, under the City Code, the City Manager may grant revocable permits only for uses that can be completed within one year, so a one-year extension of the current six-month revocable permit without City Council authorization would exceed the City Manager’s authority; and WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to permit the use or occupancy of any street, alley, or public place, provided that such permit shall be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit; and WHEREAS, the City has no immediate use for the City Property; and WHEREAS, Poudre Fire Authority has agreed to maintain the residence on the City Property during its use and mow the property as needed, at its cost. Packet Pg. 152 - 2 - 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 granting of a revocable permit to Poudre Fire Authority, as described herein, is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute such documents as are necessary to grant a revocable permit to Poudre Fire Authority, consistent with the terms of this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, including any necessary corrections to the legal description of the City Property, so long as such changes do not result in a material increase or change in character of the Permit Area. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of December A.D. 2013. ____________________________________ Mayor ATTEST: City Clerk Packet Pg. 153 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Dan Weinheimer, Policy & Project Manager Pamela Weir, Graduate Management Assistant SUBJECT Resolution 2013-102 Supporting the Retrofit of Existing DOT-111 Rail Tank Cars That Transport Packing Groups I and II Hazmat Before the Pipelines and Hazardous Materials Safety Administration. EXECUTIVE SUMMARY The purpose of this item is to allow City Council to provide input to a federal Department of Transportation rulemaking. Passage of the underlying resolution would indicate the Fort Collins City Council support of the National Transportation Safety Board recommendation requiring railroads retrofit tank cars to address known safety defects and to provide local governments more knowledge of the hazardous materials being transported through their communities. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION High-profile train derailments in Canada have demonstrated a need to improve the notice provided to local government of the materials being transported and to address design defects in the main rail car used to transport hazardous materials. The Village of Barrington, IL and the Illinois-based TRAC Coalition jointly filed a petition on April 3, 2012 with the Department of Transportation’s (DOT) Pipelines and Hazardous Materials Safety Administration (PHMSA) asking that agency to promulgate safety rules for new and existing DOT Specification 111 tank cars. These tanker cars are primarily use to carry ethanol and crude oil. The National Transportation Safety Board’s (NTSB) investigation of a June 2009 Canadian National Railway (CN) freight train accident outside of Rockford, Illinois, found that the train derailment caused many of the 74 DOT-111 cars of ethanol to split open and started a massive fire, killing one person and injuring nine others. The more recent July 6, 2013 catastrophic derailment of a train carrying 72 tank cars of crude oil in Lac-Megantic, Canada that caused 47 deaths also involved the DOT-111 tank cars. Since 1991, federal regulators have known that DOT-111 tank cars have high failure rates in accidents and puncture easily. Today, production and transportation of oil is on the rise in the United States and DOT-111 cars make up 69 percent of the current American rail tank car fleet. In 2011 the federal government adopted upgraded safety standards for newly manufactured DOT-111 tank cars requiring thicker steel shells, improved valve coverings, and end shields to prevent punctures. According to the Association of American Railroads (AAR), about 25 percent of the cars that carry crude oil now meet the higher standards. The Renewable Fuels Association says industry would prefer to replace older cars by attrition. However, these cars can have a life span of over 30 years, meaning that trains would still carry the defective DOT-111 cars for decades, making the limited safety upgrades ineffective. Packet Pg. 154 Agenda Item 19 Item # 19 Page 2 PHMSA is now considering revisions to the Hazardous Materials Regulations based on petitions received from cities, railroad associations, regulated fuel and chemical organizations, and NTSB recommendations and is seeking input from local governments regarding its proposed rulemaking. In short, the petition calls for PHMSA to adopt AAR standards for DOT-111 tank cars and mandate retrofitted safety upgrades to all DOT-111 to meet these new safety standards. In addition, the petition requests PHMSA to adopt the NTSB recommendation that railroads be required to immediately provide accurate, real-time information regarding the identity and location of hazardous materials on a train to emergency responders in the event of an accident or derailment. Currently, this information is stored in hard-copy with the train engineer and is often destroyed or lost in an accident or derailment. The petition asks PHMSA to move forward with implementing its Hazardous Materials Automated Cargo Communications for Efficient and Safe Shipments (HM-ACCESS) and enforce the regulations stemming from the initiative with a system of random audits to promote compliance. Trains carrying hazardous materials including crude oil and ethanol regularly travel through Fort Collins. The likelihood of a derailment in Fort Collins may be low, but the trains travel in close proximity to high- density population centers in the community. PHMSA released its notice of proposed rulemaking on September 6, 2013 and is seeking input from local governments until December 5, 2013. Upon adoption, the Resolution will be submitted to the Federal Rulemaking Portal to assure the Fort Collins City Council comments are included in the rulemaking. FINANCIAL / ECONOMIC IMPACT Adoption of this Resolution is not expected to have a financial impact to the City. ENVIRONMENTAL IMPACTS While unlikely in Fort Collins, a train derailment could have catastrophic consequences. Older DOT-111 tank cars have split open upon derailment causing great environmental impact. The NTSB recommendation supported by this Resolution would make rail tank cars safer sooner by requiring retrofits rather than relying on what could be decades long phasing out of the older tank cars. Packet Pg. 155 - 1 - RESOLUTION 2013-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE RETROFIT OF EXISTING DOT-111 RAIL TANK CARS THAT TRANSPORT PACKING GROUPS I AND II HAZMAT BEFORE THE PIPELINES AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION WHEREAS, rail freight operations impact thousands of villages, towns, cities and counties across all regions of the United States of America; and WHEREAS, safe rail operations are of critical interest to local units of government based on: (1) the need to prevent catastrophic accidents like the one that occurred in Lac-Megantic, Canada in July 2013; (2) the responsibility local governments have to provide emergency response units to manage the impact of rail accidents and derailments in communities across the country; and (3) the significant costs associated with clean-up, environmental remediation, medical expenses, other personal injury damages or wrongful death claims for community residents that have the potential to surpass the rail industry’s ability to pay for them; and WHEREAS, ethanol and crude oil are a large and exponentially growing segment of hazardous materials being shipped across the nation via freight rail, which will continue to be a preferred transport mode of choice for this hazmat; and WHEREAS, since 1991, it has been known to industry and federal regulators that there are safety-related defects in the DOT-111 tank car that serves as the primary tank car used in the shipping of these hazardous flammable materials via freight rail; and WHEREAS, the federal Pipelines and Hazardous Materials Safety Administration (PHMSA) regulates the safe transport of hazardous materials by railroads in the United States; and WHEREAS, the business decisions of railroad companies and hazardous material shippers impact the safety, environment, and emergency response system in the communities in which the freight railroads traverse, but state and local governments have no ability to regulate railroad operations; and WHEREAS, industry has failed to act in the last two decades to correct the known defects in DOT-111 tank cars, and has waited until 2011 to seek government approval to upgrade safety standards for newly manufactured DOT-111 tank cars; and WHEREAS, a tank car expert from the National Transportation Safety Board testified in 2012 that a retrofit of existing tank cars is necessary because co-mingling existing unsafe DOT- 111 tank cars with newly manufactured ones “does nothing to improve the safety in an accident”; and WHEREAS, the petition for rulemaking submitted to PHMSA on April 3, 2012 by Barrington, Illinois and the Illinois TRAC Coalition reflects the point of view of local Packet Pg. 156 - 2 - governments, which is supported by recommendations of the National Transportation Safety Board, that changes are needed in federal regulations and/or law to better protect public safety relative to DOT-111 tank car safety and train consist dissemination; and WHEREAS, the April 3, 2012 petition provides a compelling rationale for making long overdue changes in safe rail operations vis-a-vis retrofitting existing DOT-111 tank cars; and WHEREAS, the April 3, 2012 petition demonstrates that the cost of a DOT-111 tank car fleet retrofit for existing cars would be of nominal expense over the remaining average thirty- year lifespan for the existing fleet, and WHEREAS, PHMSA issued on September 6, 2013 (78 Federal Register 54849-54861) an Advance Notice of Rulemaking seeking by November 5, 2013 the input from local and state governments on the issue of retrofitting the DOT-111 tank car. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby supports the April 3, 2012 petition of Barrington, Illinois and the Illinois TRAC Coalition seeking new regulations to retrofit existing DOT-111 tank cars used to transport Groups I and II Packing Materials. Section 2. That this Resolution shall be sent to the Pipelines and Hazardous Materials Safety Administration in Docket No. PHMSA-2012-0082 (HM-251) urging expeditious action on the joint Barrington and Illinois TRAC Coalition April 3, 2012 Petition No. P-1587. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of December, A.D. 2013. ____________________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 157 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Patti Teraoka, Financial Coordinator SUBJECT Routine Easement EXECUTIVE SUMMARY The purpose of this item is to accept a routine utility easement at 303 W. Prospect Road from the Griffin Foundation for the installation of an electric system to serve an adjacent new development. STAFF RECOMMENDATION Staff recommends acceptance of this easement. FINANCIAL / ECONOMIC IMPACT Consideration $10.00. ATTACHMENTS 1. Griffin Easement Map (PDF) Packet Pg. 158 Packet Pg. 159 Attachment: Griffin Easement Map (Routine Easement - 303 W. Prospect (Griffin)) Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Ken Sampley, Stormwater/Floodplain Program Manager Jon Haukaas, Water Engineer Field Operations Manager Lance Smith, Strategic Financial Planning Manager SUBJECT Second Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain Use Permits, Reviews and Variances. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 19, 2013 (Campana recused) adopts new and updated floodplain review fees in Chapter 10 (Flood Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in flood hazard areas. A new fee structure will be established to better assign costs to floodplain review applicants. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION During the City Council discussion on First Reading of the Ordinance, it was asked if this fee increase consideration followed the past City Council Resolution 2006-113 providing a process for implementing city fee increases. In 2011 the City Council revisited this issue and clarified the process by Resolution 2011-013 and finally replaced both Resolutions with Resolution 2011-082 (see Attachment 3), which remains in effect today. These Resolutions specifically address the fee setting provisions of Chapter 7.5 of the City Code and Section 2.2.3(D) of the Land Use Code. The intents stated is to confirm the authority of the City Manager to structure and set development review and building permit fees administratively, and that such fees “should recover all related direct costs” The Stormwater and Floodplain Fees under consideration are set in Chapter 10 of the City Code and therefore any adjustment must be made by City Council adoption of an Ordinance as has been presented here. Regardless, staff approached the review of these fees in the same manner and intent as the above referenced Council Resolutions by applying a thorough review, rigorous accounting, review of similar fees by other Front Range Cities, and a methodology to recover all related direct costs. ATTACHMENTS 1. First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (PDF) 2. Ordinance No. 166, 2013 (PDF) 3. Resolution 2011-082 (PDF) Packet Pg. 160 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY November 19, 2013 City Council STAFF Ken Sampley, Stormwater/Floodplain Program Manager Jon Haukaas, Water Engineer Field Operations Manager Lance Smith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain Use Permits, Reviews and Variances. EXECUTIVE SUMMARY The purpose of this item is to adopt new and updated floodplain review fees in Chapter 10 (Flood Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in flood hazard areas. The floodplain regulations require that proposed activities, uses, improvements, or alternations within designated flood hazard areas be submitted to the City of Fort Collins for review to ensure compliance. These items are reviewed by staff from the City’s Stormwater Master Planning and Floodplain Administration Division. City Code specifies that applicants must pay floodplain review fees for these services. The current fees do not provide a mechanism to properly account for the significant review times associated with certain types of floodplain reviews including Conditional Letters of Map Revision (CLOMRs), Letters of Map Revision (LOMRs) and variance requests. Staff recommends that a new fee structure be established to better assign costs to floodplain review applicants. This Ordinance establishes specific floodplain review fees for:  fences, accessory structures (sheds/garages), decks and fill or grading operations;  Building additions, improvements/remodels, redevelopment or new buildings;  Mobile homes, floodproofing of structures;  Variance applications;  City basin no-rise analyses and floodplain map revisions; and,  Federal Emergency Management Agency CLOMRs, LOMRs and LOMR-Fills. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Chapter 10 (Flood Prevention and Protection) of the City Code outlines floodplain regulations that promote public health, safety and welfare and minimize public and private losses due to flood conditions in flood hazard areas. City Code includes methods and provisions for: 1. Restricting or prohibiting uses which could increase erosion, flood elevations or velocities; 2. Requiring that uses vulnerable to flooding be protected at the time of initial construction; 3. Controlling the alternation of natural floodplains, stream channels and natural protective barriers that help accommodate and convey floodwaters; ATTACHMENT 1 Packet Pg. 161 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Floodplain Permit Fees) Agenda Item 14 Item # 14 Page 2 4. Controlling filling, grading, dredging and development that increase flood damage; and, 5. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters and increase flood hazards in other areas. City Code specifies that applicants must pay floodplain review fees for proposed activities, uses, improvements, or alternations within designated flood hazard areas these services. The intent is to institute a “user pay” approach wherein an applicant who is requesting floodplain review services pays instead of having those costs charged to stormwater utility customers, generally, through existing stormwater service fees. The current fees and their respective dollar amounts have not increased since they were originally adopted (early 1990s). The current fees do not provide a mechanism to properly account for the significant review times associated with different types of floodplain reviews including City Basin no-rise analyses and floodplain map revisions, FEMA Conditional Letters of Map Revision (CLOMRs) and Letters of Map Revision (LOMRs) and variance requests. FLOODPLAIN USE PERMIT All activities requiring the issuance of a floodplain permit will have a base floodplain use permit fee of $50. For minor submittals that require limited review [approx. one (1) hour or less], the floodplain use permit fee will be the only fee required. For other submittals, more detailed Staff review is required. An additional fee is necessary to cover the costs associated with these reviews. The proposed fee structure is shown in Attachment 1 and has categories of review fees to be collected based on the level of review. In general, the typical categories of floodplain reviews are: 1. Minor Improvements / accessory structures; 2. Redevelopment, new buildings, additions, improvements/remodels greater than 50% of the value of the existing structure; 3. Mobile Homes, Floodproofing; 4. Variances; and, 5. Pre- and Post-Project Floodplain analyses (City basin, FEMA, CLOMR/LOMR). Category 1 -- Minor Improvements / Accessory Structures For fence, shed, garage and miscellaneous items, reviews are typically completed within one (1) hour so there are no additional proposed fees. For review items that involve more staff time, the floodplain review fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee based on the type of review submittal:  Deck/improvement or remodel less than 50% of the structure value ---------- $150  Fill or grading only --------------------------------------------------------------------------- $150 Category 2 -- Redevelopment, New Buildings, Additions, Improvements/Remodels Greater than 50% of the Value of the Existing Structure Staff review for these items is dependent on the type of submittal. In general, more staff time is required to complete these reviews when compared to those identified in Category 1. Floodplain review fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee based on the type of construction:  Slab on Grade Construction -------- $150  Enclosure --------------------------------- $200  Crawl Space ----------------------------- $250 Category 3 -- Mobile Homes, Floodproofing Staff review for these items is again dependent on the type of submittal. Floodplain review fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fees: Packet Pg. 162 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Floodplain Permit Fees) Agenda Item 14 Item # 14 Page 3  Mobile Home ----------------------------- $250  Floodproofing ---------------------------- $250 Category 4 -- Variance Applications The recommended variance fee is one thousand ($1,000) dollars to better reflect the average number of hours (20) of staff review and preparation time associated with analyzing, presenting and documenting the variance to the Water Board. Category 5 -- Floodplain Analyses (City Basin, FEMA, CLOMR/LOMR) These submittals, by their nature, require significant Staff involvement and review. In those instances where a submittal to FEMA is required, Staff must review and acknowledge that the submittal meets Chapter 10 requirements in advance of the applicant submitting it for FEMA review. These submittals are typically associated with larger site development (new) and/or redevelopment. There are typically two (pre-project and post-project) submittals for each of the following submittal types. A pre-project floodplain use permit fee (not required for post-project submittals) of fifty ($50) dollars is proposed along with the following additional fees.  FEMA Basin CLOMR/LOMR-Fill (includes 1st and 2nd reviews) ----------------------- $ 250  City/FEMA No-Rise without hydraulic analysis (includes 1st and 2nd reviews) ----- $ 250  City/FEMA No-Rise with hydraulic analysis (includes 1st and 2nd reviews) --------- $ 500  City Basin Prelim/Final Floodplain Map Revision (includes 1st and 2nd reviews) -- $ 1,000  FEMA Basin CLOMR/LOMR (includes 1st and 2nd reviews)------------------------------ $ 1,000 In order to promote more complete submittals and reduce the number of floodplain analyses and CLOMR/LOMR reviews, Staff has proposed an additional fee for resubmittals after the 2nd review. This concept is similar to that used by several other Colorado communities. The additional review fees for 3rd (and higher) reviews have a base fee plus $50 per hour for reviews taking longer than typical review times: Plus $50/hour for Base Fee + Reviews > than  FEMA Basin CLOMR/LOMR-Fill ------------------------------- $125 3 hours  City/FEMA No-Rise with hydraulic analysis ---------------- $250 5 hours  City Basin Prelim/Final Floodplain Map Revision -------- $500 10 hours  FEMA Basin CLOMR/LOMR ------------------------------------ $500 10 hours FINANCIAL / ECONOMIC IMPACT Stormwater staff performed an internal analysis using data collected over the last three years to determine the approximate average amount of staff time associated with specific floodplain reviews. Attachment 2 presents the results and reveals that the current fees do not appropriately reflect the staff effort necessary to perform the review functions. As a result, staff recommends that the proposed new fee structure be established to better assign costs to floodplain review applicants. This approach is similar to that used by other Colorado communities. BOARD / COMMISSION RECOMMENDATION The proposed floodplain administration review fees were presented and discussed at the June 6, 2013 Water Board Work Session. At its September 19, 2013 meeting, the Water Board unanimously approved the stormwater floodplain review fees (Attachment 3). PUBLIC OUTREACH Packet Pg. 163 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Floodplain Permit Fees) Agenda Item 14 Item # 14 Page 4 Staff notified customers (developers, engineers, etc.) of the proposed floodplain review fees by postcard mailing in late October 2013. The postcard provides general information and refers interested parties to a city webpage developed specifically for the proposed floodplain review fees. Public meetings included the Fort Collins Chamber of Commerce on October 4, 2013 and a Fort Collins Utilities’ Key Accounts meeting and presentation on October 15, 2013. ATTACHMENTS 1. Floodplain Review Analysis (PDF) 2. Water Board minutes, September 19, 2013 (PDF) 3. Work Session Summary, September 24, 2013 (PDF) 4. Proposed Fort Collins Floodplain Review Fees (PDF) 5. Powerpoint presentation (PDF) Packet Pg. 164 Attachment: First Reading Agenda Item Summary, November 19, 2013 (w/o attachments) (SR Floodplain Permit Fees) - 1 - ORDINANCE NO. 166, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE FEES FOR FLOODPLAIN USE PERMITS, REVIEWS AND VARIANCES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, 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 stormwater utility, as set forth therein; and WHEREAS, the existing fees for floodplain use permits and variances were last reviewed and adjusted in the early 1990’s; and WHEREAS, based on research and data collected by City staff, the new and updated fee amounts set forth herein are reasonably related to the actual cost of providing the related floodplain services, and are intended to cover a portion of such costs; and WHEREAS, the following adjustments to the floodplain use permit, review and variance fees in Chapter 10 of the Code of the City of Fort Collins are to go into effect on January 1, 2014; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 10 of the City Code to reorganize and revise the fees as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby amended to add the following definitions: . . . Conditional physical map revision (CPMR) shall mean a letter from FEMA officially commenting on, but not revising, the effective Flood Insurance Rate Map, for a proposed project that would, upon completion, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in a revision to, and republication of, one or more panels of the effective Flood Insurance Rate Map to show changes in flood risk zones, delineations and flood elevations of floodplains and floodways. . . . Final map revision shall mean a formal action by the Utilities Executive Director revising the effective floodplain map for a City basin floodplain to show changes delineations and flood elevations of floodplains and floodways. Packet Pg. 165 Attachment: Ordinance No. 166, 2013 (SR Floodplain Permit Fees) - 2 - . . . Section 2. That subsection (j) of Section 10-27 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-27. Floodplain use permit. . . . (j) An applicant for a floodplain use permit shall pay a permit application fee plus the applicable review fees for the most costly of the associated analyses, as provided in § 10- 31. Section 3. That Section 10-28 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-28. Appeals/variance procedure. (a) The Water Board, as established in § 2-436, shall hear and decide appeals from decisions of the Utilities Executive Director and requests for variances from the requirements of this Article. Any final decision of the Board may be subject to review by the City Council. (b) The Water Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Utilities Executive Director in the enforcement or administration of this Article. Persons desiring to appeal a decision of the Utilities Executive Director to the Water Board shall at the time of making such appeal pay a docket fee as provided in §10-31(d). Written notice of hearing shall be given to the appellant at least three (3) days prior to the hearing by mailing the notice to the appellant's last known address by regular mail. (c) Persons desiring to request a variance shall at the time of application for said variance submit a variance application together with a floodplain use permit application, and shall at the time of application pay all fees due as provided in § 10-31(a). Written notice of a variance hearing shall be given to the applicant at least three (3) days prior to the hearing by mailing the notice to the applicant's address, as set forth in the variance application, by regular mail. . . . Packet Pg. 166 Attachment: Ordinance No. 166, 2013 (SR Floodplain Permit Fees) - 3 - Section 4. That a new Section 10-31 is hereby added to the Code of the City of Fort Collins, to read as follows: Sec. 10-31. Floodplain permit and review fees. (a) An applicant for a floodplain use permit or party requesting review of a submittal pursuant to this Article shall pay at the time of submittal a floodplain use permit (FPU) fee of fifty dollars ($50.), together with the highest associated review fee, as follows: Permit Type/Activity Fee Additional Fees for Reviews After 1st and 2nd Reviews (1) MINOR IMPROVEMENTS, ACCESSORY STRUCTURES a. Fence/Accessory Structure FPU Fee plus $0 Not applicable b. Deck/Improvement or Remodel less than 50% of existing building value FPU Fee plus $150 Not applicable c. Fill or Grading Only FPU Fee plus $150 Not applicable d. Change of Use FPU Fee plus $0 Not applicable (2) REDEVELOPMENT, NEW BUILDINGS, ADDITIONS, SUBSTANTIAL IMPROVEMENTS OR REMODELS 50% OR MORE OF THE VALUE OF THE EXISTING STRUCTURE a. Slab on Grade FPU Fee plus $150 Not applicable b. Enclosure FPU Fee plus $200 Not applicable c. Crawl Space FPU Fee plus $250 Not applicable (3) MOBILE HOMES, FLOODPROOFING a. Mobile Home FPU Fee plus $250 Not applicable b. Floodproofing FPU Fee plus $250 Not applicable Packet Pg. 167 Attachment: Ordinance No. 166, 2013 (SR Floodplain Permit Fees) - 4 - (4) VARIANCES a. Variance Application FPU Fee plus $1,000 Not applicable (5) PRE‐PROJECT FLOODPLAIN ANALYSES a. FEMA CLOMR/CPMR FPU Fee plus $1,000 $500 each review, plus $50/hr. for each review hour over 10 hours b. City Preliminary Map Revision FPU Fee plus $1,000 $500 each review, plus $50/hr. for each review hour over 10 hours c. No‐Rise Certification with Hydraulic Analysis FPU Fee plus $500 $250 each review, plus $50/hr. for each review hour over 5 hours d. CLOMR‐Fill FPU Fee plus $250 $125 each review, plus $50/hr. for each review hour over 3 hours e. No‐Rise Certification without Hydraulic Analysis FPU Fee plus $250 Not applicable (b) Any person submitting a post-project floodplain analysis for review shall pay at the time of submittal the applicable review fee, as follows: Post‐Project Floodplain Analysis Fee Additional Fees for Reviews After 1st and 2nd Reviews (1) FEMA LOMR/PMR $1,000 $500 each review, plus $50/hr. for each review hour over 10 hours (2) City Final Map Revision $1,000 $500 each review, plus $50/hr. for each review hour over 10 hours (3) No‐Rise Certification with Hydraulic Analysis $500 $250 each review, - 5 - (4) LOMR‐Fill $250 $125 each review, plus $50/hr. for each review hour over 3 hours (5) No‐Rise Certification without Hydraulic Analysis $250 Not applicable (c) Additional fees due for review submittals after the second review shall be paid at the time of submittal, except that additional charges per hour shall be due prior to the release of review results. (d) Any person appealing a decision of the Utilities Executive Director to the Water Board shall at the time of making such appeal pay a docket fee in the amount of three hundred dollars ($300.). Section 5. That amendments set forth herein shall go into effect on January 1, 2014. Introduced and considered favorably on first reading, and ordered published this 19th day of November, A.D. 2013, and to be presented for final passage on the 3rd day of December, A.D. 2013. ______________________________ Mayor ATTEST: _____________________________ Deputy City Clerk Passed and adopted on final reading on the 3rd day of December, A.D. 2013. ______________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 169 Attachment: Ordinance No. 166, 2013 (SR Floodplain Permit Fees) Packet Pg. 170 Attachment: Resolution 2011-082 (SR Floodplain Permit Fees) Packet Pg. 171 Attachment: Resolution 2011-082 (SR Floodplain Permit Fees) Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Janet Miller, Human Resources Director Tamara Vega, Compensation Manager SUBJECT First Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. EXECUTIVE SUMMARY City Council met in Executive Session on November 12, 2013 to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance establishes the 2014 salary of the Municipal Judge. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet twice a year to discuss performance and set goals for the coming year. In 2013, the total compensation paid to the Municipal Judge included the following: 2013 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 99,253 Vacation (30 days per year) Medical Insurance 7,800 Holidays (11 days per year) Dental Insurance 492 Life Insurance 174 Long Term Disability 459 ICMA (457) 2,978 ICMA (401) 9,925 Total Monetary Compensation $ 121,081 Packet Pg. 172 Agenda Item 22 Item # 22 Page 2 Resolution 2012-091, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2014 salary. Packet Pg. 173 - 1 - ORDINANCE NO. 176, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE MUNICIPAL JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the Municipal Judge; and WHEREAS, the City of Fort Collins is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, each year the City Council conducts a review of the past year's performance and the next year’s goals of the Municipal Judge; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the Municipal Judge to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council has determined that the base salary of the Municipal Judge should be established at the amount of $_________, effective _____________, 2014, so that the total compensation paid to the Municipal Judge in 2013 will be in the amount of $______. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-606. Salary of the Municipal Judge. The base salary to be paid to the Municipal Judge for working 0.8 FTE shall be ninety-nine thousand two hundred fifty-three dollars ($99,253.) ______________ per annum, payable in biweekly installments, which sum shall be charged to general government expense. Section 2. That the effective date of the salary adjustment shall be __________, 2014. Packet Pg. 174 - 2 - Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 175 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Janet Miller, Human Resources Director Tamara Vega, Compensation Manager SUBJECT First Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. EXECUTIVE SUMMARY City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year. In 2013, the total compensation paid to the City Attorney included the following: 2013 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 170,662 Vacation (32.5 days per year) Medical Insurance 7,800 Holidays (11 days per year) Dental Insurance 492 Life Insurance 298 Long Term Disability 789 ICMA (457) 5,120 ICMA (401) 17,066 Total Monetary Compensation $ 202,226 Packet Pg. 176 Agenda Item 23 Item # 23 Page 2 Resolution 2012-091, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Attorney Roy’s 2014 salary. Packet Pg. 177 - 1 - ORDINANCE NO. 177, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Attorney; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Attorney to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Attorney to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council believes that the base salary of the City Attorney should be established at the amount of $____________ effective ____________, 2014, so that the total compensation paid to the City Attorney in 2013 will be in the amount of $____________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-581 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-581. Salary of the City Attorney. The base salary to be paid the City Attorney shall be one hundred seventy thousand six hundred sixty-two dollars ($17-,662.) ___________________ per annum, payable in biweekly installments. Sixty (60) percent of such sum shall be charged to general government expense, twenty (20) percent to the city water utility and twenty (20) percent to the city electric utility. Section 2. That the effective date of the salary adjustment shall be __________, 2014. Packet Pg. 178 - 2 - Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 179 Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Janet Miller, Human Resources Director Tamara Vega, Compensation Manager SUBJECT First Reading of Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 12, 2013 to conduct the performance review of City Manager Darin Atteberry. This Ordinance establishes the 2014 salary of the City Manager. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year. In 2013, the total compensation paid to the City Manager included the following: 2013 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 207,063 Vacation (30 days per year) Medical Insurance 7,800 Holidays (11 days per year) Dental Insurance 492 Life Insurance 362 Long Term Disability 957 ICMA (457) 6,212 ICMA (401) 20,706 Car Allowance 9,000 Total Monetary Compensation $ 252,592 Packet Pg. 180 Agenda Item 24 Item # 24 Page 2 Resolution 2012-091, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin Atteberry’s 2014 salary. Packet Pg. 181 - 1 - ORDINANCE NO. 178, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY MANAGER WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Manager; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Manager to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Manager to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council believes that the base salary of the City Manager should be established at the amount of $_____________ effective _____________ , 2014, so that the total compensation paid to the City Manager in 2013 will be in the amount of $____________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-596 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-596. Salary of the City Manager. The base salary to be paid the City Manager shall be two hundred seven thousand sixty-three dollars ($207,063.)_____________________ per annum, payable in biweekly installments. Forty (40) percent of such sum shall be charged to the city electric utility, twenty (20) percent to the city water utility and forty (40) percent to general government expense. Section 2. That the effective date of the salary adjustment shall be ____________, 2014. Packet Pg. 182 - 2 - Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 183 plus $50/hr. for each review hour over 5 hours Packet Pg. 168 Attachment: Ordinance No. 166, 2013 (SR Floodplain Permit Fees)