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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/18/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers Ben Manvel, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Gerry Horak, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Nelson, City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING December 18, 2012 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring January 2013 as “Narconon Colorado - a Life Worth Saving Month”. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Page 2 3. AGENDA REVIEW: • City Manager Review of Agenda. • Consent Calendar Review. This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent Calendar and considered separately. N Council opportunity to pull Consent Calendar items. (will be considered under Item No. 22) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 29) 4. CITIZEN PARTICIPATION 5. CITIZEN PARTICIPATION FOLLOW-UP This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. CONSENT CALENDAR The Consent Calendar consists of Items 6 through 18. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. The Consent Calendar consists of: ! Ordinances on First Reading that are routine ! Ordinances on Second Reading that are routine ! Those of no perceived controversy ! Routine administrative actions. Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ! State your name and address for the record. ! Applause, outbursts or other demonstrations by the audience are not allowed ! Keep comments brief; if available, provide a written copy of statement to City Clerk Page 3 6. Second Reading of Ordinance No. 138, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project. The design of the MAX Bus Rapid Transit (BRT) Project included enhancements to the University Station at the request of Colorado State University (CSU), including decorative fencing, enhanced landscaped plaza, walkway lighting, spare conduit installation, and upsizing of the storm drainage system to accept CSU storm water runoff. These items are not eligible for reimbursement from the Federal Transit Administration as part of the MAX BRT Project, and therefore will be funded by CSU. This Ordinance, unanimously adopted on First Reading on December 4, 2012, appropriates the identified funds of $806,380 to construct the improvements concurrently with the BRT project. 7. Second Reading of Ordinance No. 139, 2012, Adopting the 2013 Classified Employees’ Pay Plan. This Ordinance, unanimously adopted on First Reading on December 4, 2012, adopts the 2013 Pay Plan, which establishes a pay range structure for employee compensation. It is the framework that sets the minimum and maximum pay for City positions. The methodology used by the City is based on compensation best practices. The 2013 Pay Plan uses average actual salary data collected from public and private sector markets for benchmark positions to determine pay range midpoints within occupational groups. Ranges for non-benchmark jobs are established using a point factor system that is calibrated against the benchmark jobs. 8. Second Reading of Ordinance No. 140, 2012, Amending the Fort Collins Stormwater Criteria Manual To Modify the Requirements for Emergency Work. A recent review of specific permit elements included in the City of Fort Collins’ Stormwater Management Program identified an inconsistency with state interpretation of the requirements. This inconsistency is due to the Fort Collins Design Criteria Manual allowing emergency work to be exempted from the sediment and erosion control Best Management Practices (BMPs) requirements of the Manual. Except for emergency firefighting activities, the Municipal Separate Storm Sewer System (MS4) permit does not allow exemptions from the requirements. This Ordinance, unanimously adopted on First Reading on December 4, 2012, clarifies that emergency work will be exempt only from advance submittal requirements, but not requirements for measures to prevent and control erosion. 9. Second Reading of Ordinance No. 141, 2012, Amending Ordinance No. 117, 2012, to Correct the List of Properties That Are Subject to the Special Fee Imposed by Said Ordinance. This Ordinance, unanimously adopted on First Reading on December 4, 2012, amends Ordinance No. 117, 2012, that established a special fee to be paid by the owners of property within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. The spreadsheet mistakenly included a parcel of property in Zone A that is actually located within the Town of Windsor. This property should not have been shown as being subject to the Fort Collins Fee Ordinance. This Ordinance removes that parcel of property and slightly adjusts the area of the property owned by Terry and Mary Van Cleave to more accurately reflect the actual property size. 10. Second Reading of Ordinance No. 146, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. City Council met in executive session on November 13, 2012, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 146, 2012, establishes the salary of the City Manager at $207,063. 11. Second Reading of Ordinance No. 147, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. City Council met in Executive Session on November 13, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 147, 2012, establishes the 2013 salary of the City Attorney at $170,662. Page 4 12. Second Reading of Ordinance No. 148, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. City Council met in executive session on November 13, 2012, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 148, 2012, unanimously adopted on First Reading on December 4, 2012, establishes the 2013 salary of the Municipal Judge at $99,253. 13. First Reading of Ordinance No. 150, 2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property Interests Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. Mason Corridor Bus Rapid Transit (MAX BRT) Project staff has identified two additional real estate acquisition interests which are necessary to construct the MAX BRT Project. As with prior acquisitions/acquisition phases, City Council authorization for eminent domain (if necessary) is the first step in the acquisitions process. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statute in the official Notice-of-Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition process, which must occur prior to the appraisals. Given the construction schedule for the Project and the fact that acquisitions must be conducted under procedures for federally funded projects, timely acquisition of the required property interests is necessary. Therefore, City staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. The acquisitions that are the subject of this Ordinance concern two sets of property interests (more specifically, two signboard easements, leasehold interests and improvements) located within the alignment of planned BRT Project improvements on Burlington Northern Santa Fe Railway (the “BNSF”) property. (Note: As background, on November 6, City Council upheld an appeal to an August 9, 2012 Zoning Board of Appeals (ZBA) decision, thereby disallowing a ZBA variance that would have permitted the relocation of one of the off-premise signboards which is the subject of this Ordinance). 14. Items Relating to the 2012 Streets and Stormwater Site Development Initiatives. A. First Reading of Ordinance No. 151, 2012, Adopting an Update to Appendix C of the Larimer County Urban Area Street Standards Pertaining to “Streetscape Standards” for the City of Fort Collins. . B. First Reading of Ordinance No. 152, 2012, Amending Chapter 26 of the City Code and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions Implementing Low Impact Development Principles. Ordinance No. 151, 2012 replaces the City of Fort Collins Streetscape Design Standards & Guidelines document with a new version entitled “City of Fort Collins Streetscape Standards”. Ordinance No. 152, 2012 updates the City’s Low Impact Development Criteria and Policy regarding the control and treatment of stormwater runoff from streets and site development. The Streetscape Standards relate to the treatment of parkway strips (between the curb and sidewalk), medians, intersections, roundabouts, and key gateway intersections. The update primarily involves raising the bar for the quality of streetscape development in arterial medians and at key gateway intersections. The City’s Low Impact Development (LID) Criteria and Policy addresses the City’s requirements and incentives for more distributed stormwater runoff management and control which relies mainly on filtration and infiltration to treat and manage the stormwater runoff. This approach will apply to private site development projects as well as to public street projects. Page 5 15. Resolution 2012-118 Approving Fee Agreements Between the City and Certain Property Owners in the Community Activity Center Adjacent to the Interchange at the Interstate 25 and State Highway 392. On November 6, 2012, Council adopted Ordinance No. 117, 2012, establishing a special fee to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. This ordinance included the option for the property owners to elect to enter into a settlement agreement with the City and the Town of Windsor as outlined in the attached draft agreements. The ordinance also required the property owners electing to enter into such agreement to notify the City Manager in writing of their desire to do so on or before November 30, 2012, and that the agreements need to be approved by the City Council on or before December 31, 2012. To date, the City has received written notice from all of the properties within the City’s jurisdiction electing to pay the fee pursuant to the terms and conditions of a written agreement with the City. This resolution authorizes the City Manager to sign said agreements with the property owners. 16. Resolution 2012-119 Adopting an Updated City Investment Policy. The purpose of the Interagency Loan Program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate or return for the City. The 2012 Updated Investment Policy includes the following significant changes: 1. A Purpose Statement was added to the Inter-agency Loan Program 2. The name changed from Inter-fund Borrowing Program to Inter-agency Loan Program 3. The loan must be evidenced by a promissory note 4. The interest rate is the higher of Municipal Bonds or Treasury Bill rate plus 0.5% 5. A nexus is not required for utility funds 6. Approval from oversight board is required 7. Maximum loan term is 25 years 8. Restrictions on total loans made to Governmental and Enterprise funds. 17. Resolution 2012-120 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. Vacancies currently exist on various boards, commissions, and authorities due to resignations of boardmembers and the expiration of terms of current members. Applications were solicited during September, and Council teams interviewed applicants during October, November, and December. This Resolution appoints members to fill current vacancies and term expirations. 18. Resolution 2012-121 Excusing the Absence of Councilmember Aislinn Kottwitz From Attendance at Meetings of the City Council During the Period From November 8, 2012 Through January 15, 2013. Under the City Charter, a Council seat is considered vacant if the Councilmember misses regular and special meetings for 60 consecutive days, unless excused by resolution of the Council. Due to illness, Councilmember Aislinn Kottwitz was last able to attend meetings of the City Council on November 6, 2012, and will be unavailable to resume such attendance until at least January 15, 2013. END CONSENT 19. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. Page 6 20. Staff Reports. a. Presentation of the Starburst Award to the City from Great Outdoors Colorado. b. Update on the Turnberry Project. 21. Councilmember Reports. 22. 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. 23. Second Reading of Ordinance No. 149, 2012, Amending Division 2 of the Land Use Code to Allow for the Processing of Applications for the Development of Property Not Yet under the Full Ownership and Control of the Applicant or Developer. (staff: Laurie Kadrich; 2 minute staff presentation; 5 minute discussion) The Land Use Code (LUC) presently requires that all submittal requirements must be met before an application can be processed. One of those submittal requirements is that the applicant must own or control all of the property that is the subject of the application. This Ordinance, adopted on First Reading on December 4, 2012 by a vote of 4-1 (Nays: Ohlson; Weitkunat recused; Kottwitz absent) amends the LUC to give the Director discretion to allow applications to proceed through the review process under certain circumstances even if not all of the subject property is yet controlled by the applicant. The applicant would have to show that, at the time of application, the applicant has ownership of, or the legal right to use and control, the majority of the property to be developed. The Director would then have to determine that reviewing the application would not be contrary to the public interest, and the applicant would need to agree not to record any documents related to the processing of the application until the applicant had gained control of the entire property. The applicant would also be required to indemnify the City against any third party claims related to the processing of the application. 24. Second Reading of Ordinance No. 145, 2012, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins. (staff: Laurie Kadrich, Dan Weinheimer; 10 minute staff presentation; 1 hour discussion) On December 4, 2012, Council considered regulation of oil and gas exploration and production and unanimously voted to impose a six-month moratorium on the submission, acceptance, consideration Page 7 and approval of any all applications for City licenses, permits and other approvals related in any way to oil and gas uses within the City. The moratorium will allow staff and Council time to further investigate the extent of the City’s authority to regulate such uses. In order to give the newly seated Council time to consider the regulations to be developed during the moratorium, staff is recommending that the moratorium be extended on Second Recording to seven months rather than six. 25. First Reading of Ordinance No. 153, 2012, Designating the Whitcomb Street Historic District as a Fort Collins Landmark District, Pursuant to Chapter 14 of the City Code. (staff: Karen McWilliams; 10 minute staff presentation; 45 minute discussion) The Whitcomb Street Historic District contains 14 properties, which, together, form a cohesive entity associated historically, architecturally, and developmentally with the 100 block of South Whitcomb Street. The proposed district is generally bound on the north by Mountain Avenue, on the south by Oak Street, and by alleys on the east and west sides. It consists of the twelve properties that comprise the 100 Block of South Whitcomb Street and two properties historically associated with the 100 Block of South Whitcomb Street, now addressed as 601 West Mountain Avenue and 612 West Oak Street. The period of significance dates from the oldest construction in 1889, to 1940, when the newest of the historic dwellings was built on the last subdivided lot, seventy-two years ago. Owners of ten of the fourteen properties have consented in writing to establishment of the Whitcomb Street Historic District, desiring to protect their investments from redevelopment activities and to become eligible for financial programs available to historic properties. Owners of four properties are in opposition to the district, preferring to not have additional restrictions placed on their properties, including review of exterior alterations or demolitions. 26. First Reading of Ordinance No. 154, 2012, Amending Article IV of Chapter 15 of the City Code relating to Door-to-Door Solicitation. (staff: Jessica Ping-Small, Jim Szakmeister; 10 minute staff presentation; 30 minute discussion) City Council adopted Ordinance No. 060, 2011, which took effect on May 27, 2011. It established a permit system regulating residential door-to door solicitation. The City's goal in regulating door-to-door solicitation was to help protect the safety and privacy of residents in their dwellings. Since implementing the permit system, staff has identified certain changes that they recommend be made to the provisions to ensure that the permit system is working properly and effectively, and also to allow staff to respond quickly and efficiently to violations of the Ordinance. 27. First Reading of Ordinance No. 155, 2012, Amending Section 2-483 of the City Code So as to Make the Conflict of Interest Provisions Contained in Article IV, Section 9 of the City Charter Applicable to the Members of the Board of Commissioners of the Fort Collins Urban Renewal Authority. (staff: Steve Roy; 5 minute staff presentation; 15 minute discussion) This Ordinance would amend the City Code so that the ethical rules that apply to the City Council will also apply to the URA Board of Commissioners. The City Council Ethics Review Board has recommended this change since, in Fort Collins, the URA Board consists of the members of the City Council itself. 28. Resolution 2012-122 Accepting Advisory Opinion and Recommendation No. 2012-3 of the Ethics Review Board. (staff: Steve Roy; 5 minute staff presentation; 15 minute discussion) Under City Code Section 2-569, City Councilmembers may present to the Council Ethics Review Board inquiries regarding the application of state or local ethical rules to actual or hypothetical situations involving potential conflicts of interest. On December 7, 2012, the Ethics Review Board met for the purpose of responding to an inquiry submitted to the Board by Mayor Weitkunat and Councilmember Manvel. The question submitted is whether, in the Board’s opinion, either of them has a conflict of interest in participating in upcoming decisions of the City Council regarding the possible redevelopment of the Link-n-Greens property by Woodward, Inc. The Mayor and Councilmember Manvel presented the question because of the proximity of their respective businesses to the redevelopment site. As required by the Code, the Board has forwarded its opinion and recommendation to the full Council for its consideration. The Board opinion indicates that neither Mayor Weitkunat or Councilmember Manvel has a conflict of interest in this situation. Adoption of the Page 8 Resolution would indicate that the majority of the Council agrees with the Board’s opinion and recommendation. 29. Consideration of Citizen-Pulled Consent Items. 30. Other Business. 31. Adjournment. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the value of a single life is inestimable; and WHEREAS, addiction threatens the very foundation of our community, its individuals, its families and its businesses, churches, organizations and groups; and WHEREAS, the effect of an individual’s addiction has a dramatic impact on virtually every relationship and connection the addict has, thus through these connections, the ravages of addiction permeates the lives of nearly every member of our society; and WHEREAS, there are over four hundred thousand Coloradoans and over twenty-three million Americans who are drug and alcohol addicted; and WHEREAS, Narconon Colorado – A Life Worth Saving and its staff dedicate themselves twenty-four hours a day, seven days a week, three hundred and sixty-five days a year to help the individual by salvaging him or her utterly from addiction, restoring his or her abilities to be a successful, happy, productive individual and a contributing member of his or her family and the community; and WHEREAS, Narconon Colorado – A Life Worth Saving has helped hundreds of addicts restore their sobriety and dignity. Having been helped, they are now taking responsibility for and are creating a positive effect on the thousands of lives they touch and, in so doing, they are creating a zone of calm where once there was only sorrow and despair, helping to make this a better world. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby declare January 2013 as NARCONON COLORADO – A LIFE WORTH SAVING MONTH and recognize Narconon Colorado - A Life Worth Saving and its staff for helping hundreds of addicts find sobriety and better, happier, more successful lives, helping our families and our community at large. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of December, A.D. 2012. __________________________________ Mayor ATTEST: _________________________________ City Clerk DATE: December 18, 2012 STAFF: Rick Richter Erika Keeton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Second Reading of Ordinance No. 138, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project. EXECUTIVE SUMMARY The design of the MAX Bus Rapid Transit (BRT) Project included enhancements to the University Station at the request of Colorado State University (CSU), including decorative fencing, enhanced landscaped plaza, walkway lighting, spare conduit installation, and upsizing of the storm drainage system to accept CSU storm water runoff. These items are not eligible for reimbursement from the Federal Transit Administration as part of the MAX BRT Project, and therefore will be funded by CSU. This Ordinance, unanimously adopted on First Reading on December 4, 2012, appropriates the identified funds of $806,380 to construct the improvements concurrently with the BRT project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Rick Richter Erika Keeton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 138, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project. EXECUTIVE SUMMARY The design of the MAX Bus Rapid Transit (BRT) Project included enhancements to the University Station at the request of Colorado State University (CSU), including decorative fencing, enhanced landscaped plaza, walkway lighting, spare conduit installation, and upsizing of the storm drainage system to accept CSU storm water runoff. These items are not eligible for reimbursement from the Federal Transit Administration (FTA) as part of the MAX BRT Project, and therefore will be funded by CSU. This ordinance appropriates the identified funds of $806,380 to construct the improvements concurrently with the BRT project. BACKGROUND / DISCUSSION The MAX Bus Rapid Transit Project extends from the Downtown Transit Center at Maple Street to approximately 1/4 mile south of Harmony Road, with a total length of approximately five miles. The University Station is one of twelve BRT stations along this alignment, and is located on the Colorado State University Campus south of University Street. This project will have significant impact on the function and aesthetics of the main CSU campus. University staff participated in the design meetings and actively coordinated engineering issues with the City of Fort Collins throughout the design process. Several enhancements were requested by CSU to include decorative fencing, an enhanced landscaped plaza, additional walkway lighting, spare communication conduits, and an upsized storm drainage system to accept CSU storm water runoff. Since these items are outside the scope of the required infrastructure for the BRT stations, and therefore ineligible for federal funds identified for the BRT project, CSU agreed to fund the additional expenses associated with the improvements. The improvements are located within, or directly adjacent to, the BRT construction limits. For ease of construction and coordination, the improvements will be constructed concurrently with the BRT project using the City’s existing BRT construction contracts. FINANCIAL / ECONOMIC IMPACTS There is no financial impact to the project, as the BRT design and budgeting process anticipated CSU funding participation for these improvements. These dollars will be tracked separately from those identified in the Project Construction Grant Agreement (PCGA) finalized with FTA in May 2012 for $86,833,848. Upgraded Fence/Guardrail $ 160,177 Walkway Lighting $ 151,116 Conduit Installation $ 139,379 Storm Drain System $ 77,419 Enhanced University Station $ 143,892 Contingency $ 134,397 Total $ 806,380 On October 5, 2012, the Board of Governors of the Colorado State University System approved the use of the Land Income Account for the Mason Bus Rapid Transit Infrastructure Improvements totaling $1.5 million. Their action includes $806,380 to be incorporated into existing City BRT construction contracts as described, along with additional funds for non-BRT related improvements to be managed by Colorado State University staff. The City will invoice CSU based on actual costs of work completed. COPY COPY COPY COPY December 4, 2012 -2- ITEM 13 ENVIRONMENTAL IMPACTS The construction of the MAX system was included in the National Environmental Policy Act (NEPA) Environmental Assessment for the Mason Corridor Bus Rapid Transit Project. On September 9, 2008, the Federal Transit Administration declared a Finding of No Significant Impact (FONSI) would result from the construction and operation of the MAX Bus Rapid Transit Project. On December 21, 2010, the FTA affirmed that the 2008 EA and 2008 FONSI are valid, and the changes in final design documented in the 2010 Environmental Re-Evaluation serve to amend the 2008 EA and 2008 FONSI. The Environmental Assessment analyzed Impacts on the following categories: Land Use and Zoning Wildlife/Ecological Social Conditions Threatened and Endangered Species Economic Conditions Visual Quality Environmental Justice Cultural Resources Right-of-way Hazardous Materials Air Quality Parks and Recreation Resources Noise and Vibration Farmland Water Resources and Water Quality Public Safety and Security Wetlands Construction Flooding and Floodplain Management Transportation Vegetation Cumulative Impacts Noxious Weeds For more detailed information concerning the environmental impacts and mitigation measures please refer to the Mason Corridor Environmental Assessment located at: www.fcgov.com/mason/environment.php . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On September 20, 2000, the Transportation Board unanimously voted to approve the Mason Street Corridor Master Plan, which included plans for the purchase of BRT buses and construction of the MAX transit route. Since 2000, staff has regularly updated the Transportation Board regarding the progress of the Mason Corridor, most recently on May 18, 2011. The Board also receives regular updates as to construction, public events and milestones. Minutes from the May 18, 2011Transportation Board can be seen in Attachment 5. PUBLIC OUTREACH Significant public outreach has been conducted since 1998 for the Mason Corridor project. The most recent public outreach event was an Open House held October 3, 2012. Information related to the scope, budget, alignment, and two-way conversion of Mason Street were presented. The project was also presented at the City sponsored Business Innovation Fair on October 11, 2012. ATTACHMENTS 1. Area map 2. October 18, 2012 Letter from Steve Hultin, Director Facilities Management, CSU 3. October 5, 2012 CSU Board of Governors Approval of Use of Land Income Account for Mason Bus Rapid Transit Infrastructure Improvements 4. Project Construction Grant Agreement between Federal Transit Administration and City of Fort Collins 5. May 18, 2011 Transportation Board Minutes ORDINANCE NO. 138, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND, MASON CORRIDOR PROJECT WHEREAS, the MAX Bus Rapid Transit project (“MAX BRT”) is a five-mile, north-south byway extending from the Downtown Transit Center at Maple Street to approximately one-fourth mile south of Harmony Road; and WHEREAS, MAX BRT includes six park-n-ride locations, twelve stations/stops, and two transit centers; and WHEREAS, the University Station is one of twelve MAX BRT stations along the byway and is located on the Colorado State University (“CSU”) campus south of University Street; and WHEREAS, CSU has requested several enhancements to the University Station including decorative fencing, an enhanced landscaped plaza, additional walkway lighting, spare communication conduits, and an upsized storm drainage system to accept CSU storm water runoff; and WHEREAS, these items are outside the scope of the required infrastructure for the MAX BRT stations and thus ineligible for federal funds identified for the MAX BRT project; and WHEREAS, CSU has agreed to fund the additional expenses associated with these improvements in the amount of $806,380; and WHEREAS, Article V, Section 9, of the City Charter authorizes the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue from Colorado State University in the Capital Projects Fund the sum of EIGHT HUNDRED SIX THOUSAND THREE HUNDRED EIGHTY DOLLARS ($806,380) for expenditure in the Capital Projects Fund, Mason Corridor Project. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 139, 2012, Adopting the 2013 Classified Employees’ Pay Plan. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 4, 2012, adopts the 2013 Pay Plan, which establishes a pay range structure for employee compensation. It is the framework that sets the minimum and maximum pay for City positions. The methodology used by the City is based on compensation best practices. The 2013 Pay Plan uses average actual salary data collected from public and private sector markets for benchmark positions to determine pay range midpoints within occupational groups. Ranges for non-benchmark jobs are established using a point factor system that is calibrated against the benchmark jobs. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT First Reading of Ordinance No. 139, 2012, Adopting the 2013 Classified Employees’ Pay Plan. EXECUTIVE SUMMARY The City of Fort Collins 2013 Pay Plan establishes a pay range structure for employee compensation. It is the framework that sets the minimum and maximum pay for City positions. The methodology used by the City is based on compensation best practices. The 2013 Pay Plan uses average actual salary data collected from public and private sector markets for benchmark positions to determine pay range midpoints within occupational groups. Ranges for non-benchmark jobs are established using a point factor system that is calibrated against the benchmark jobs. BACKGROUND / DISCUSSION Since 2009, the City has utilized the recommended best practice methodology for market pricing and competitive pay analysis. This same methodology was used to design the 2013 Pay Plan and is outlined below: Step 1 – Market Identification Consistent with City Council direction, a market identification process is used to ensure that the City’s Pay Plan aligns closely with the actual markets with which the City compete (both the public and private sectors). The City identified 126 benchmark jobs for which market pay data could be gathered. The Colorado Front Range (Fort Collins to Colorado Springs) was identified as the market for professional and technical jobs. Northern Colorado, including Larimer and Weld Counties, was the market identified for administrative support and some labor trade jobs. Salary data for these two markets includes cities and counties with populations greater than 50,000 and private sector data, where available. Step 2 – Market Data Collection and Analysis Average actual salary data was collected for the benchmark jobs using surveys from Mountain States Employer’s Council (MSEC) and the Colorado Municipal League (CML). Average actual salary (also referred to as the mean) is the sum of all reported pay for every employee in a benchmark job divided by the number of incumbents in a given job. Because the salary data was collected in March 2012, staff “aged” the data by multiplying survey salaries by an Employment Cost Index, 1.1%, (for government jobs) to arrive at an effective average actual pay rate to be implemented in 2013. Primary Data Sources Mountain States Employer’s Council (MSEC) Colorado Compensation Survey MSEC Colorado Compensation Survey represents Colorado employers of all sizes. Data was collected from 489 respondents located across the State of Colorado representing 45921 employees. Government employers represent 18% of the employers. MSEC surveys 383 benchmark jobs. Mountain States Employer’s Council (MSEC) Information Technology Compensation Survey Data is collected from 371 respondents. There are 6,432 employees and 83 benchmark jobs. Information is not broken down by geographic region or type of industry. COPY COPY COPY COPY December 4, 2012 -2- ITEM 14 Mountain State Employer’s Council (MSEC) Public Employers Compensation Survey Data is collected from 124 respondents. There 35,300 employees and 362 benchmark jobs. Colorado Municipal League (CML) CML reports compensation from many jurisdictions in the State of Colorado, including municipalities, counties, and special districts. Step 3 – Establish Pay Ranges After collecting the most recent data, each pay grade was analyzed. Average actual salaries were used to set the City’s midpoint for each pay grade within seven occupational groups that make up the Classified Employees’ Pay Plan. In order to determine pay grade midpoints (the pay structure), staff used regression analysis to establish the best line of fit for the average actual salaries and pay grades. Midpoints were then used to establish the minimum and maximum of the pay range (40% spread). As a result of the market analysis, staff is recommending that the pay ranges for one of the seven occupational groups be adjusted. Accordingly, all pay grades within the Electric Utility Operations and Skill Trade occupational groups have been adjusted upwards by 4.75%. All pay grades within the other six occupational groups (Administrative Professional, Administrative Support, Information Technology, Tech/Engineering, Operation Skill Trades/non-electric trades and Police Civilian) remain at their current levels. The result of all this effort is the recommended 2013 Classified Employee Pay Plan. Outstanding Pay Plan Items The market analysis identified two areas which need additional review and discussion in 2013: 1. The Electric Utility Operations and Skill Trade occupational group is 8.7% behind market; for budget reasons, we are recommending only a 4.75% adjustment, but the remaining gap will need to be addressed in future years. 2. Although the Administrative Professional Occupational Group appears to be an average 3.8% below the market, we are not recommending any adjustments to the pay range at this time. There is significant variability amongst the benchmark jobs in the group, so an overall review of the occupational group structure is required before we can determine what adjustments are needed. City staff will present proposed options for addressing these issues next year. FINANCIAL / ECONOMIC IMPACTS Funding for the 2013 Classified Employees’ Pay Plan is included in the 2013 Adopted City Budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 139, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2013 CLASSIFIED EMPLOYEES PAY PLAN WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified employees of the City shall be established by ordinance of the City Council; and WHEREAS, the City is committed to compensating employees in a manner that is fair, competitive and understandable; and WHEREAS, the annual market analysis conducted by the Human Resources Department includes public and private employer survey information for Northern Colorado and the Front Range, providing clear benchmark information for approximately 143 benchmark positions; and WHEREAS, the pay plan recommended by the City Manager is consistent with City Council objectives, including the philosophy of establishing pay ranges by using the average actual salaries for benchmark positions to set the mid-point of pay ranges for those positions; and WHEREAS, the City Council believes that the adoption of the recommended pay plan is in the best interests of the City and further believes that the allocation of individual salaries within the pay plan should be related to employee performance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby adopts the 2013 City of Fort Collins Classified Employees Pay Plan (the "Plan"), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the effective date of the Plan shall commence with the January 7, 2013, pay period. Section 3. That the City Manager shall fix the compensation levels of all classified employees within the pay levels established in the Plan except to the extent that the City Manager determines, due to performance or other extraordinary circumstances, that the pay level of a particular employee should remain below the minimum or be fixed above the maximum for that employee’s job title. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 ADMINISTRATIVE PROFESSIONAL JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 8010 N ASSISTANT TECHNICAL COORD AP01 1,443.92 1,729.27 2,014.58 8012 N PLANNING TECHNICIAN 3,128.50 3,746.75 4,364.92 8016 N PUBLICITY/MARKETING TECHNICIAN 37,542.00 44,961.00 52,379.00 8018 N MEDIA INTEGRATION ASSISTANT 8020 N COUNCIL AGENDA COORDINATOR 8052 N URBAN DESIGN SPECIALIST AP02 1,617.19 1,936.77 2,256.35 8054 N GRAPHICS SPECIALIST 3,503.92 4,196.33 4,888.75 8058 N ASSOCIATE PLANNER 42,047.00 50,356.00 58,665.00 8060 N RECREATION COORDINATOR 8061 N PLANNING SPECIALIST I 8062 N PUBLICITY/MARKETING SPECIALIST 8064 N REVENUE/LICENSING AGENT 8068 Y UTILITY FEE/RATE SPECIALIST 8070 Y CURATOR 8074 N WELLNESS PROGRAM SPECIALIST 8076 N MEDIA INTEGRATION TECHNICIAN 8078 N CASH SYSTEMS COORDINATOR 8082 N BICYCLE COORDINATOR 8084 N WATER CONSERVATION COORDINATOR 8086 N ENERGY SERVICES PROGRAM COORDINATOR 8088 N FUNDRAISING & MARKETING COORDINATOR 8090 N SERVICE PLANNER Revised 112112 Page 1 EXHIBIT A CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 ADMINISTRATIVE PROFESSIONAL JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 8100 Y PLANNING SPECIALIST II AP03 1,811.27 2,169.19 2,527.08 8102 Y ACCOUNTANT 3,924.42 4,699.92 5,475.33 8104 Y CHANGE MANAGEMENT ANALYST 47,093.00 56,399.00 65,704.00 8106 Y RECRUITMENT SPECIALIST 8110 Y WATER CONSERVATION SPECIALIST 8114 Y BUYER 8116 Y HUMAN RESOURCES REP 8117 Y BENEFITS ANALYST 8120 Y WELLNESS PROGRAM COORDINATOR 8122 Y HISTORIC PRESERVATION PLANNER 8124 Y CDBG/HOME PROGRAM ADMINISTRATOR 8126 Y NEIGHBORHOOD ADMINISTRATOR 8127 Y NEIGHBORHOOD DEVELOPMENT REVIEW LIAISON 8128 Y MARKETING ANALYST 8130 Y ENVIRO ED/PUBLIC INVOLV COORD 8134 Y FINANCIAL COORDINATOR 8136 Y TECHNICAL PRODUCTION DIRECTOR 8137 Y OUTREACH MARKETING SPECIALIST 8139 Y BUSINESS APPLICATION ANALYST 8140 Y SALES TAX AUDITOR 8142 Y VISUAL ARTS ADMINISTRATOR 8146 Y PUBLIC RELATIONS COORDINATOR 8150 Y BUDGET ANALYST 8156 Y REAL ESTATE SPECIALIST II 8160 N DEPUTY CITY CLERK 8162 Y COMMUNITY MEDIATION PROG COORD 8164 Y SALES MANAGER Revised 112112 Page 2 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 ADMINISTRATIVE PROFESSIONAL JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 8202 Y SENIOR BUYER AP04 2,028.62 2,429.46 2,830.35 8204 Y THERAPEUTIC RECREATION SPEC 4,395.33 5,263.83 6,132.42 8206 Y HUMAN RESOURCES PARTNER 52,744.00 63,166.00 73,589.00 8212 Y INDUSTRIAL HYGENIST 8214 Y SENIOR ACCOUNTANT 8216 Y ENVIRONMENTAL PLANNER 8218 Y SENIOR BUDGET ANALYST 8224 Y RECREATION SUPERVISOR 8226 Y CHIEF DEPUTY CITY CLERK 8228 Y TRANSPORTATION PLANNER 8230 Y CITY PLANNER 8232 Y FINANCIAL ANALYST 8236 Y KEY ACCOUNTS REP 8240 Y REAL ESTATE SPECIALIST III 8244 Y ASSISTANT MUSEUM DIRECTOR 8248 Y HRIS/BENEFITS ANALYST 8252 Y FINANCIAL/SWEEPING OPERS COORDINATOR 8254 Y RECREATION FINANCE/BUSINESS ANALYST 8258 Y HORTICULTURE FACIL/SERVICES ADMIN 8260 Y COMPENSATION ANALYST 8262 Y SENIOR SALES TAX AUDITOR 8268 Y ENVIRONMENTAL DATA ANALYST 8308 Y SENIOR ENVIRONMENTAL PLANNER AP05 2,272.04 2,721.00 3,169.96 8310 Y PERFORMING ARTS CENTER MANAGER 4,922.75 5,895.50 6,868.25 8312 Y SENIOR TRANSPORTATION PLNR 59,073.00 70,746.00 82,419.00 8318 Y SENIOR CITY PLANNER 8320 Y MUSEUM DIRECTOR 8330 Y SALES TAX MANAGER 8334 Y INVESTMENT ADMINISTRATOR 8336 Y COMMUNITY RELATIONS MANAGER 8338 Y CUSTOMER AND ADMINISTRATIVE SERVICES MGR 8340 Y GREEN BUILDING PROGRAM MANAGER 8342 Y UTILITIES CUSTOMER SUPPORT MANAGER 8346 Y UTILITIES OUTREACH AND EDUCATION MGR 8354 Y PARKS FINANCE SUPERVISOR 8356 Y HEALTH AND SAFETY SPECIALIST 8360 Y FINANCIAL AND POLICY ANALYST 8362 Y UTIL CUSTOMER ACCOUNTS SUPERVISOR Revised 112112 Page 3 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 ADMINISTRATIVE PROFESSIONAL JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 8400 Y RISK MANAGER AP06 2,544.69 3,047.54 3,550.38 8404 Y CHIEF PLANNER 5,513.50 6,603.00 7,692.50 8407 Y BIKES PROGRAM MANAGER 66,162.00 79,236.00 92,310.00 8408 Y UTILITY RATE ANALYST 8410 Y RECREATION AREA MANAGER 8416 Y PROJECT/PUBLIC INFO MANAGER 8418 Y REAL ESTATE SERVICES MANAGER 8420 Y NEIGHBORHOOD SERVICES MANAGER 8422 Y HR STRATEGIC PARTNER MANAGER 8424 Y LEARNING AND ORGAN DEVELOP MANAGER 8426 Y IT FINANCIAL AND POLICY MANAGER 8428 Y MANAGER OF PARKS 8432 Y CABLE TELEVISION MANAGER 8434 Y ENVIRONMENTAL PROGRAM MANAGER 8436 Y POLICY & PROJECT MANAGER 8438 Y FINANCIAL POLICY AND PROJECT MANAGER 8914 Y UTILITIES FINANCIAL OPERATIONS MGR 8448 Y ASSISTANT TRANSFORT/DAR GENERAL MGR AP07 2,799.15 3,352.27 3,905.38 8452 Y NATURAL AREAS PROGRAM MANAGER 6,064.83 7,263.25 8,461.67 8458 Y REDEVELOPMENT PROGRAM MANAGER 72,778.00 87,159.00 101,540.00 8460 Y FC MOVES PROGRAM MANAGER 8925 Y PDT BUDGET, POLICY, AND COMM MGR 8472 Y COMP, BENEFITS, AND HRIS MANAGER AP08 3,079.08 3,687.62 4,295.96 8906 Y DIR OF PURCHASING AND RISK MGMT 6,671.33 7,989.83 9,307.92 80,056.00 95,878.00 111,695.00 Revised 112112 Page 4 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 ADMINISTRATIVE SUPPORT JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 4012 N PARKING ATTENDANT AS02 936.58 1,121.65 1,306.73 2,029.25 2,430.25 2,831.25 24,351.00 29,163.00 33,975.00 4100 N ADMINISTRATIVE CLERK I AS03 1,046.88 1,256.27 1,463.54 4102 N ADMINISTRATIVE SECRETARY I 2,268.25 2,721.92 3,171.00 27,219.00 32,663.00 38,052.00 4150 N FACILITIES SCHEDULER AS04 1,172.50 1,407.00 1,639.15 4152 N DEPUTY COURT CLERK I 2,540.42 3,048.50 3,551.50 4155 N RECORDS MANAGEMENT TECH 30,485.00 36,582.00 42,618.00 4156 N ADMINISTRATIVE SECRETARY II 4158 N ADMINISTRATIVE CLERK II 4160 N CUSTOMER SERVICE REP I 4200 N SERVICE SCHEDULE COORD AS05 1,289.77 1,547.69 1,803.08 4202 N ADMINISTRATIVE AIDE 2,794.50 3,353.33 3,906.67 4206 N LEGAL SECRETARY 33,534.00 40,240.00 46,880.00 4208 N DEPUTY COURT CLERK II 4210 N DISPATCHER/SCHEDULER 4212 N ACCOUNTS PAYABLE REP 4214 N CUSTOMER SERVICE REP II 4216 N RECREATION SERVICES REP 4218 N ASSIST FINANCIAL COORDINATOR 4220 N UTILITY LOCATING DISPATCHER/SCHEDULER Revised 112112 Page 5 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 ADMINISTRATIVE SUPPORT JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 4244 N HUMAN RESOURCES TECHNICIAN AS06 1,418.73 1,702.46 1,983.38 4246 N PERSONNEL SPECIALIST 3,073.92 3,688.67 4,297.33 4248 N DOT COMPLIANCE COORDINATOR 36,887.00 44,264.00 51,568.00 4250 N PAYROLL SPECIALIST 4252 N RIGHT OF WAY TECHNICIAN 4254 N RESIDENTIAL ACCOUNTS COORD 4256 N LEGAL ASSISTANT 4258 N RISK MANAGEMENT TECHNICIAN 4260 N ADMIN TECH SUPPORT SPECIALIST 4266 N ADMINISTRATIVE ASSISTANT 4272 N EXECUTIVE ADMINISTRATIVE ASST 4274 N CREDIT/COLLECTIONS REP 4276 N FINANCIAL TECHNICIAN 4280 N LEAD CUSTOMER SERVICE REP 4286 N BLDG AND DEVELOPMENT REVIEW TECH 4288 N LEAD DISPATCHER/SCHEDULER 4290 N EVENTS COORDINATOR 4352 N MUNICIPAL COURT SUPERVISOR AS07 1,563.73 1,872.73 2,181.73 4360 N ADMINISTRATIVE SUPPORT SPVSR 3,388.08 4,057.58 4,727.08 4362 N SCHEDULING SUPERVISOR 40,657.00 48,691.00 56,725.00 4364 N BOX OFFICE COORDINATOR 4366 N BENEFITS SPECIALIST 4368 N SENIOR LEGAL ASSISTANT 4372 N UTILITIES ADMINISTRATIVE SERV SUPERVISOR 4374 N SENIOR BLDG AND DEVELOP REVIEW TECH 4410 Y UTILITY SERVICES COORDINATOR AS08 1,720.08 2,060.00 2,399.88 3,726.83 4,463.33 5,199.75 44,722.00 53,560.00 62,397.00 4452 Y PAYROLL/ACCTS PAYABLE SPVSR AS09 1,892.12 2,266.00 2,639.88 4454 N EXEC ASSISTANT TO THE CITY MANAGER 4,099.58 4,909.67 5,719.75 49,195.00 58,916.00 68,637.00 Revised 112112 Page 6 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 INFORMATION TECHNOLOGY JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 5511 N PC HARDWR/SOFTWR SPECIALIST IT04 1,640.69 1,964.88 2,289.08 5517 N GIS MAPPING SPECIALIST 3,554.83 4,257.25 4,959.67 42,658.00 51,087.00 59,516.00 5516 N TELECOM SYSTEMS SPECIALIST IT05 1,837.58 2,200.65 2,563.77 3,981.42 4,768.08 5,554.83 47,777.00 57,217.00 66,658.00 5520 Y PROGRAMMER/ANALYST IT06 2,058.08 2,464.77 2,871.42 5525 Y GIS PROGRAMMER/ANALYST 4,459.17 5,340.33 6,221.42 5526 Y CONTROL & DATA SYS SPECIALIST 53,510.00 64,084.00 74,657.00 5533 Y CIS DEVELOPER/ANALYST IT07 2,305.04 2,759.38 3,216.00 5535 Y SENIOR GIS PROGRAMMER/ANALYST 4,994.25 5,978.67 6,968.00 5536 Y TELECOM TECHNICAL SPECIALIST 59,931.00 71,744.00 83,616.00 5537 Y SYSTEMS SPECIALIST 5538 Y ENTERPRISE RESOURCE PLANNING ANALYST 5545 Y WEB PROGRAMMER ANALYST 5540 Y DATABASE ANALYST IT08 2,535.54 3,036.58 3,537.62 5543 Y TELECOM SYSTEMS ADMINISTRATOR 5,493.67 6,579.25 7,664.83 5546 Y LAN AND SYSTEMS ADMINISTRATOR 65,924.00 78,951.00 91,978.00 5550 Y SYSTEMS ANALYST 5551 Y POLICE SYSTEMS ANALYST 5552 Y SYS INTEGRATOR/NETWK ADMINIST Revised 112112 Page 7 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Effective 1/07/2013 INFORMATION TECHNOLOGY JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 5553 Y INFORMATION SERVICES MANAGER IT09 2,789.08 3,340.23 3,891.38 5555 Y WEB DEVELOPER/ARCHITECT 6,043.00 7,237.17 8,431.33 5558 Y CONTROL AND DATA SYSTEM ENGR 72,516.00 86,846.00 101,176.00 5559 Y ERP PROGRAM MANAGER 5561 Y NETWORK ADMINISTRATION MANAGER 5562 Y SENIOR DATABASE ANALYST 5564 Y SENIOR SYSTEMS ADMINISTRATOR 5566 Y SYSTEMS ADMINISTRATION MANAGER 5565 Y SENIOR NETWORK ENGINEER IT10 3,068.00 3,674.27 4,280.50 5571 Y APPLICATION SVCS MGR - UTILITIES 6,647.33 7,960.92 9,274.42 5573 Y SR DATABASE ADMINISTRATOR 79,768.00 95,531.00 111,293.00 5575 Y INFORMATION SECURITY ARCHITECT IT11 3,221.38 3,857.96 4,494.50 6,979.67 8,358.92 9,738.08 83,756.00 100,307.00 116,857.00 5574 Y INFO TECH DIR - INFRASTRUCTURE SERV IT12 3,382.46 4,050.85 4,719.23 5576 Y INFO TECH DIR - APPLICATION SERV 7,328.67 8,776.83 10,225.00 87,944.00 105,322.00 122,700.00 Revised 112112 Page 8 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 TECH/ENGINEERING JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 6010 N LABORATORY ASSISTANT TE01 1,203.35 1,441.12 1,678.88 2,607.25 3,122.42 3,637.58 31,287.00 37,469.00 43,651.00 TE02 1,347.73 1,614.04 1,880.35 2,920.08 3,497.08 4,074.08 35,041.00 41,965.00 48,889.00 6100 N LAND SURVEY TECHNICIAN TE03 1,509.46 1,807.73 2,106.00 3,270.50 3,916.75 4,563.00 39,246.00 47,001.00 54,756.00 6150 N TRAFFIC ENGINEERING TECH I TE04 1,690.58 2,024.65 2,358.73 6152 N ENGINEERING TECHNICIAN 3,662.92 4,386.75 5,110.58 6154 N PARK PLANNING TECHNICIAN 43,955.00 52,641.00 61,327.00 6158 N CROSS-CONNECTION CONTROL TECH 6202 N CONSTRUCTION INSPECTOR TE05 1,893.46 2,267.62 2,641.77 6204 N SURVEY PARTY CHIEF 4,102.50 4,913.17 5,723.83 6206 N TRAFFIC ENGINEERING TECH II 49,230.00 58,958.00 68,686.00 6248 N ENERGY SERVICES SPECIALIST 6250 N SENIOR CONSTRUCTION INSPECTOR TE06 2,120.69 2,539.73 2,958.77 6252 Y APPRENTICE LANDSCAPE ARCHITECT 4,594.83 5,502.75 6,410.67 6253 N CHEMIST 55,138.00 66,033.00 76,928.00 6256 Y CROSS-CONNECTION CONTROL SPEC 6258 Y WATERSHED ENVIRONMENTAL SPEC 6262 N INDUSTRIAL PRETREATMENT SPEC 6264 Y CABLE TV PRODUCTION ENGINEER 6274 N PARKS PROJECT MANAGER 6276 N TRAFFIC ENGINEERING TECH III 6307 Y ELECTRIC UTILITY PROJECT MGR TE07 2,332.73 2,793.69 3,254.65 6310 Y CIVIL ENGINEER I 5,054.25 6,053.00 7,051.75 6312 Y FACILITIES PLAN/ARCHITECT 60,651.00 72,636.00 84,621.00 6314 Y WATERSHED SPECIALIST 6316 Y LANDSCAPE ARCHITECT 6319 Y LABORATORY QUAL ASSURANCE COORDIN 6320 Y ENGINEERING PROJECT MANAGER 6322 Y ENERGY SERVICES ENGINEER Revised 112112 Page 9 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 TECH/ENGINEERING JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 6401 Y LABORATORY SUPERVISOR TE08 2,566.00 3,073.08 3,580.12 6402 Y POLLUTION CONTROL SERVICE SUPV 5,559.67 6,658.33 7,756.92 6404 Y PROJECT ENGINEERING SUPERVISOR 66,716.00 79,900.00 93,083.00 6406 Y TRAFFIC SYSTEMS ENGINEER 6407 Y TRAFFIC SYSTEMS ENGINEER/SUPERVISOR 6408 Y WATER UTILITY FIELD OPER SUPERINTENDENT 6410 Y CIVIL ENGINEER II 6412 Y CHIEF SURVEYOR 6414 Y ENVIRONMENTAL REGULATORY SPECIALIST 6418 Y FACILITIES PROJECT MANAGER 6420 Y WATER RESOURCES ENGINEER 6426 Y CHIEF CONSTRUCTION INSPECTOR 6430 Y SENIOR LANDSCAPE ARCHITECT 6432 Y SYSTEMS AND ENGERY MANAGER 6504 Y CIVIL ENGINEER III TE09 2,822.62 3,380.38 3,938.15 6508 Y SENIOR ENERGY SERVICES ENGINEER 6,115.67 7,324.17 8,532.67 6514 Y SPECIAL PROJECTS ENGINEER 73,388.00 87,890.00 102,392.00 6516 Y SPECIAL PROJECTS MANAGER 6520 Y SENIOR PROCESS ENGINEER 6522 Y ASSET MANAGER 6526 Y CHIEF BUILDING OFFICIAL 6532 Y SENIOR ELECTRICAL ENGINEER TE10 3,104.88 3,718.42 4,331.96 6534 Y PROCESS/SYSTEMS SUPERVISOR 6,727.25 8,056.58 9,385.92 6538 Y DEVELOPMENT REVIEW MANAGER 80,727.00 96,679.00 112,631.00 6540 Y PAVEMENT MGMT PROGRAM MGR 6542 Y STREET OVERSIZING PROGRAM MGR 6546 Y ASST OPERATIONS SERVICES DIRECTOR 6548 Y ENERGY SERVICES MANAGER 6550 Y STORMWATER AND FLOODPLAIN PROG MGR 8948 Y WATER UTILITY DEVELOPMENT REVIEW MGR 6554 Y WATER PRODUCTION MANAGER TE11 3,260.12 3,904.35 4,548.58 6556 Y REGULATORY & GOV'T AFFAIRS MGR 7,063.58 8,459.42 9,855.25 6558 Y ENGINEERING AND CAPITAL PROJ MGR 84,763.00 101,513.00 118,263.00 6560 Y WATER RESOURCES MANAGER 6564 Y WATER RECLAM & BIOSOLIDS MANAGER 8958 Y CHIEF ENGINEER 8960 Y ELEC SYSTEM ENG MGR 8961 Y ENVIRONMENTAL SERVICES MANAGER CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Skills-Based Pay Positions Effective 1/07/2013 TECH/ENGINEERING JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM STE05 1,893.46 2,267.62 2,641.77 4,102.50 4,913.17 5,723.83 49,230.00 58,958.00 68,686.00 STE06 2,120.69 2,539.73 2,958.77 6254 N PLANS ANALYST 4,594.83 5,502.75 6,410.67 55,138.00 66,033.00 76,928.00 Revised 112112 Page 11 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 OPERATIONS AND SKILL TRADES TABLE I JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 7074 N PARTS RUNNER OSA02 952.46 1,140.69 1,328.92 7076 N BUS CLEANER 2,063.67 2,471.50 2,879.33 24,764.00 29,658.00 34,552.00 7084 N MATERIALS HANDLER OSA03 1,066.77 1,277.58 1,488.38 7086 N TRANSP MAINTENANCE WORKER 2,311.33 2,768.08 3,224.83 27,736.00 33,217.00 38,698.00 7110 N METER READER OSA04 1,194.81 1,430.88 1,667.00 7112 N WAREHOUSE WORKER 2,588.75 3,100.25 3,611.83 7118 N EQUIPMENT MAINTENANCE WORKER 31,065.00 37,203.00 43,342.00 7120 N FACILITY ASSISTANT 7122 N PARTS ASSISTANT 7150 N SENIOR WAREHOUSE WORKER OSA05 1,338.19 1,602.62 1,867.04 7154 N UTILITY FIELD SERVICE REP 2,899.42 3,472.33 4,045.25 7156 N STREETS EQUIPMENT OPERATOR I 34,793.00 41,668.00 48,543.00 7158 N TRAFFIC EQUIPMENT OPERATOR I 7162 N PARKING ENFORCEMENT OFFICER 7166 N BUS OPERATOR 7168 N GRAFFITI ABETEMENT OFFICER 7250 N FARM TECHNICIAN OSA06 1,498.77 1,794.92 2,091.08 7252 N FACILITY MAINTENANCE TECH 3,247.33 3,889.00 4,530.67 7256 N TRAFFIC EQUIPMENT OPERATOR II 38,968.00 46,668.00 54,368.00 7257 N STREETS EQUIPMENT OPERATOR II 7258 N MAINTENANCE TECH-LANDSCAPE 7260 N TRAFFIC SIGNAL TECH I 7264 N STREET SIGN TECHNICIAN 7266 N FORESTRY TECHNICIAN 7270 N COMPLIANCE INSPECTOR 7272 N UTILITY FACILITY LOCATOR 7276 N PARKS/GROUNDS TECH 7280 N MAINTENANCE TECH-BUILDING 7284 N HORTICULTURE TECHNICIAN Revised 112112 Page 12 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 OPERATIONS AND SKILL TRADES TABLE I JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 7328 N FLEET SPECIALIST OSA07 1,641.12 1,965.42 2,289.73 7330 N TRAFFIC SIGNAL TECH II 3,555.75 4,258.42 4,961.08 7332 N NATURAL AREA TECHNICIAN 42,669.00 51,101.00 59,533.00 7334 N EXHIBITS TECHNICIAN 7336 N MAINTENANCE PLANNER/SCHEDULER 7342 N TRANSFORT SAFETY & TRAINING SUPERVISOR 7346 N RESOURCE RECOVERY SPECIALIST 7350 N ASST SUPERINTENDENT-GOLF 7356 N MAINTENANCE TECH-HVAC 7358 N CUSTODIAL CONTRACT ADMIN 7364 N WATER UTILITY LEAK DETECT SPC 7366 N ROAD SUPERVISOR 7368 N GRAFFITI ABETEMENT COORDINATOR 7369 N PARKING FACILITIES SUPERVISOR 7400 N INSTRUMENT/ELECTRICAL TECH OSA08 1,805.27 2,162.00 2,518.73 7402 N ZONING INSPECTOR 3,911.42 4,684.33 5,457.25 7405 N WATER SUPPLY CONTROLLER 46,937.00 56,212.00 65,487.00 7414 N OPERATIONS SUPERVISOR 7418 N MAINTENANCE SPECIALIST 7422 N METER READER SUPERVISOR 7424 N CUSTOMER SERVICES SUPERVISOR 7426 N MATERIAL CONTROL SUPERVISOR 7428 N BLDG CONTROL SYS MAINT SPEC 7430 N HVAC LEAD 7432 N PARKING ENFORCEMENT SUPERVISOR 7436 N UTIL BLDG/HVAC MAINTENANCE COORDIN 7438 N FORESTRY CREW LEADER - SM & MED TREES 7440 N FORESTRY CREW LEADER - LARGE TREES 7461 N COMPLIANCE SUPERVISOR OSA09 1,985.81 2,378.19 2,770.62 7463 N CREW CHIEF 4,302.58 5,152.75 6,003.00 7466 Y BUILDING MAINTENANCE SPVSR 51,631.00 61,833.00 72,036.00 7468 Y ASSISTANT CITY FORESTER 7470 N MASTER ELECTRICIAN 7474 Y FORESTRY SUPERVISOR 7478 Y SUPERINTENDENT OF GOLF 7480 Y FACILITIES LOCATE SUPERVISOR 7482 Y SHOP SUPERVISOR 7484 Y PARTS SUPERVISOR CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 OPERATIONS AND SKILL TRADES TABLE I JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 7522 Y WATER SRVC SAFETY & TRNG SPVSR OSA10 2,184.35 2,616.00 3,047.65 7524 Y TECHNICAL SERVICES SUPERVISOR 4,732.75 5,668.00 6,603.25 7526 Y WATER SUPPLY SUPERVISOR 56,793.00 68,016.00 79,239.00 7528 Y WATER UTIL CONSTRUCT/PURCHASING COOR 7531 Y ZONING SUPERVISOR 7532 Y PROCESS CONTROL SUPERVISOR 7534 Y PARKS SUPERVISOR 7540 Y INSTRUMENT/ELECTRICAL SPVSR 7560 Y WATER TREATMENT PLANT SUPT OSA11 2,391.88 2,864.54 3,337.19 5,182.42 6,206.50 7,230.58 62,189.00 74,478.00 86,767.00 Revised 112112 Page 14 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Skills-Based Pay Positions Effective 1/07/2013 OPERATIONS AND SKILL TRADES TABLE 1 JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 7268 N WATER UTILITY MAINT OPERATOR SOSA06 1,498.77 1,794.92 2,091.08 7286 N WATER METER TECHNICIAN 3,247.33 3,889.00 4,530.67 7290 N WATER METER SYSTEMS OPERATOR 38,968.00 46,668.00 54,368.00 7345 N MECHANIC SOSA07 1,641.12 1,965.42 2,289.73 7397 N NATURAL AREA/TRAILS RANGER 3,555.75 4,258.42 4,961.08 42,669.00 51,101.00 59,533.00 7406 N LEAD MECHANIC SOSA08 1,805.27 2,162.00 2,518.73 7409 N LEAD RANGER 3,911.42 4,684.33 5,457.25 7410 N BUILDING INSPECTOR 46,937.00 56,212.00 65,487.00 7416 N PLANT OPERATOR 7465 N LEAD BUILDING INSPECTOR SOSA09 1,985.81 2,378.19 2,770.62 7472 N LEAD PLANT OPERATOR 4,302.58 5,152.75 6,003.00 51,631.00 61,833.00 72,036.00 Revised 112112 Page 15 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 OPERATIONS AND SKILL TRADES TABLE II JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 7800 N SPECIAL SERVICES TECH OSB06 2,088.85 2,501.58 2,914.35 4,525.83 5,420.08 6,314.42 54,310.00 65,041.00 75,773.00 7852 N SR. ELECTRIC SYSTEMS OPERATOR OSB07 2,287.27 2,739.23 3,191.23 4,955.75 5,935.00 6,914.33 59,469.00 71,220.00 82,972.00 7900 N SERVICES CREW CHIEF OSB08 2,504.58 2,999.50 3,494.42 7902 N ELECTRIC DIST. SAFETY SPVSR 5,426.58 6,498.92 7,571.25 7904 N SUPERVISORY ELECT SYS OPERATOR 65,119.00 77,987.00 90,855.00 7906 N METER SYSTEMS SUPERVISOR 7950 N SUPERVISORY CREW CHIEF OSB09 2,742.50 3,284.46 3,826.35 5,942.08 7,116.33 8,290.42 71,305.00 85,396.00 99,485.00 Revised 112112 Page 16 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Skills-Based Pay Positions Effective 1/07/2013 OPERATIONS AND SKILL TRADES TABLE II JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 7760 N ELECTRIC METER TECH SOSB05 1,907.62 2,284.58 2,661.54 4,133.17 4,949.92 5,766.67 49,598.00 59,399.00 69,200.00 7804 N ELECTRIC SYSTEMS OPERATOR SOSB06 2,088.85 2,501.58 2,912.81 7806 N ELECTRONIC TECHNICIAN I 4,525.83 5,420.08 6,311.08 7808 N LINEWORKER EQUIPMENT SPEC 54,310.00 65,041.00 75,733.00 7850 N ELECTRICAL SERVICES SUPERVISOR SOSB07 2,287.27 2,739.23 3,191.23 7860 N ELECTRONIC TECHNICIAN II 4,955.75 5,935.00 6,914.33 7862 N SUBSTATION SPECIALIST 59,469.00 71,220.00 82,972.00 7864 N ELECTRIC LINEWORKER 7908 N LINE CREW CHIEF SOSB08 2,504.58 2,999.50 3,494.42 7910 N SPECIAL SERVICES SUPERVISOR 5,426.58 6,498.92 7,571.25 7912 N LINE EQUIPMENT CREW CHIEF 65,119.00 77,987.00 90,855.00 7952 N SUBSTATION ELEC/COMM.SPEC SOSB09 2,742.50 3,284.46 3,826.35 5,942.08 7,116.33 8,290.42 71,305.00 85,396.00 99,485.00 Revised 112112 Page 17 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Non-Skill Based Pay Positions Effective 1/07/2013 PROTECTIVE SERVICES CIVILIAN JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 9030 N WARRANTS TECHNICIAN PSA03 1,271.38 1,522.62 1,773.85 2,754.67 3,299.00 3,843.33 33,056.00 39,588.00 46,120.00 9050 N POLICE SUPPLY TECHNICIAN PSA04 1,423.96 1,705.35 1,986.73 3,085.25 3,694.92 4,304.58 37,023.00 44,339.00 51,655.00 9064 N POLICE REPORT SPECIALIST PSA05 1,594.81 1,909.96 2,225.12 9065 N PROPERTY/EVIDENCE TECHNICIAN 3,455.42 4,138.25 4,821.08 9067 N FRAUD INVESTIGATIONS SPECIALIST 41,465.00 49,659.00 57,853.00 9080 N POLICE INVESTIGATIVE AIDE PSA06 1,754.31 2,100.96 2,447.62 9082 N POLICE SERVICES TECHNICIAN 3,801.00 4,552.08 5,303.17 45,612.00 54,625.00 63,638.00 9095 N CRIME ANALYST PSA07 1,929.73 2,311.08 2,692.42 4,181.08 5,007.33 5,833.58 50,173.00 60,088.00 70,003.00 9126 N VICTIM SERVICES SUPERVISOR PSA08 2,122.69 2,542.15 2,961.62 9128 N POLICE RECORDS SUPERVISOR 4,599.17 5,508.00 6,416.83 9130 N PROPERTY/EVIDENCE SUPERVISOR 55,190.00 66,096.00 77,002.00 PSA09 2,335.00 2,796.38 3,257.77 5,059.17 6,058.83 7,058.50 60,710.00 72,706.00 84,702.00 9150 Y RECORDS MANAGER PSA10 2,451.73 2,936.19 3,420.65 9160 Y POLICE TECHNICAL PROJECTS MGR 5,312.08 6,361.75 7,411.42 63,745.00 76,341.00 88,937.00 9170 Y POLICE PHYSCHOLOGIST PSA11 2,574.31 3,083.00 3,591.69 5,577.67 6,679.83 7,782.00 66,932.00 80,158.00 93,384.00 Revised 112112 Page 18 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Skills-Based Pay Positions Effective 1/07/2013 PROTECTIVE SERVICES CIVILIAN JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM MIDPOINT BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 9097 N CRIMINALIST SPSA07 1,929.73 2,311.08 2,692.42 4,181.08 5,007.33 5,833.58 50,173.00 60,088.00 70,003.00 Revised 112112 Page 19 CITY OF FORT COLLINS PAY PLAN CLASSIFIED POSITIONS Collective Bargaining Unit Positions Effective 1/07/2013 PROTECTIVE SERVICES SWORN JOB TYPE EXEMPT Y/N JOB TITLE PAY GRADE BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MINIMUM BI-WEEKLY/ MONTHLY/ ANNUAL SALARY MAXIMUM 9250 Y POLICE CAPTAIN PSB05 4,669.92 4,847.62 10,118.17 10,503.17 121,418.00 126,038.00 Revised 112112 Page 20 DATE: December 18, 2012 STAFF: Susan Strong AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 140, 2012, Amending the Fort Collins Stormwater Criteria Manual To Modify the Requirements for Emergency Work. EXECUTIVE SUMMARY A recent review of specific permit elements included in the City of Fort Collins’ Stormwater Management Program identified an inconsistency with state interpretation of the requirements. This inconsistency is due to the Fort Collins Design Criteria Manual allowing emergency work to be exempted from the sediment and erosion control Best Management Practices (BMPs) requirements of the Manual. Except for emergency firefighting activities, the Municipal Separate Storm Sewer System (MS4) permit does not allow exemptions from the requirements. This Ordinance, unanimously adopted on First Reading on December 4, 2012, clarifies that emergency work will be exempt only from advance submittal requirements, but not requirements for measures to prevent and control erosion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Susan Strong AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT First Reading of Ordinance No. 140, 2012, Amending the Fort Collins Stormwater Criteria Manual To Modify the Requirements for Emergency Work. EXECUTIVE SUMMARY A recent review of specific permit elements included in the City of Fort Collins’ Stormwater Management Program identified an inconsistency with state interpretation of the requirements. This inconsistency is due to the Fort Collins Design Criteria Manual allowing emergency work to be exempted from the sediment and erosion control Best Management Practices (BMPs) requirements of the Manual. Except for emergency firefighting activities, the Municipal Separate Storm Sewer System (MS4) permit does not allow exemptions from the requirements. The proposed amendment will clarify that emergency work will be exempt only from advance submittal requirements, but not requirements for measures to prevent and control erosion. BACKGROUND / DISCUSSION In 2003, the City of Fort Collins was issued an MS4 permit in order to discharge stormwater associated with its MS4. This federally mandated program is administered by the Colorado Department of Public Health and Environment (CDPHE). The City is currently in its second permit term, 2008-2013. The CDPHE Water Quality Control Division (WQCD) recently required that MS4 permittees submit a completed Targeted Permit Questionnaire, which provided a framework for permittees to review specific elements in their stormwater management programs and make corrections outside of a Division audit. Review of the Construction Site Runoff Control program requirements revealed that while the City’s program requires implementation of sediment and erosion control BMPs for land-disturbing activities greater than 10,000 square feet, emergency work is exempt. Except for emergency firefighting activities, CDPHE interpretation of the MS4 permit does not allow exemptions from the requirements. The revised language will clarify that emergency work will be exempt only from advance submittal requirements, but not requirements for measures to prevent and control erosion. In addition to meeting CDPHE interpretation of MS4 permit program goals and requirements, the proposed Criteria Manual change also helps protect the quality of the stormwater that flows from our MS4 into waters of the state to the maximum extent practicable. FINANCIAL / ECONOMIC IMPACTS The proposed Criteria Manual change will have a positive financial impact on the City because the operator of the emergency site disturbance will be responsible for implementing controls to protect water quality from the discharge of sediment. This will save the City money on maintenance costs for removing sediment from the storm sewer system. In addition, failure to fully comply with the requirements of the program as interpreted by CDPHE could result in the imposition of financial penalties. ENVIRONMENTAL IMPACTS The proposed Criteria Manual change reflects environmental regulatory requirements of the Environmental Protection Agency (EPA) and CDPHE interpretation of the requirements. The regulatory requirements are promulgated to implement the goals of the Clean Water Act to protect and improve the quality of our nation’s waterbodies. COPY COPY COPY COPY December 4, 2012 -2- ITEM 15 Requirements for implementation of erosion and sediment control BMPs for emergency land-disturbing activity will help protect our local creeks and the Cache la Poudre River from the discharge of sediment, a major water quality pollutant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its November 15, 2012 meeting, the Water Board voted unanimously to recommend adoption of the amendment to Section (O) - Volume 3, Chapter 7, Subsection 1 of the Fort Collins Stormwater Criteria Manual relating to the exemption for implementation of erosion control requirements for emergency work. PUBLIC OUTREACH Public outreach has been conducted by Utilities staff regarding the prohibition of the discharge of pollutants and contaminated water to the City’s stormwater system. Education has included business educational outreach campaigns, warning letters to first-time violators, and education for developers and construction site employees on proper erosion and sediment control measures. ATTACHMENTS 1. Water Board minutes, November 15, 2012 ORDINANCE NO. 140, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS STORMWATER CRITERIA MANUAL TO MODIFY THE REQUIREMENTS FOR EMERGENCY WORK WHEREAS, in December 2011, the City Council adopted Ordinance No. 174, 2011, which adopted by reference the Urban Drainage and Flood Control District (“UDFCD”) Criteria Manual, modified by the Fort Collins Amendments also adopted by Ordinance No. 174, together referred to and codified as the Fort Collins Stormwater Criteria Manual (the “Manual”); and WHEREAS, as part of recent reviews of the City's Municipal Separate Stormwater System, and based on recommendations of the Colorado Department of Public Health and Environment, City staff has developed an amendment to the Manual that narrows the scope of an exemption from certain requirements for emergency work; and WHEREAS, the purpose of the amendment is to increase accountability for sediment and erosion control measures for emergency work, where practicable, while recognizing that circumstances generally prevent the advance submission of plans and reports; and WHEREAS, the revisions were presented to the Water Board at its November 15, 2012, regular meeting, and the Board voted unanimously to recommend adoption of the revisions, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section (O) of the Fort Collins Stormwater Criteria Manual is hereby amended to read as follows: (O) Volume 3, Chapter 7 - Construction BMPs: (1) A new Section 1.1 is added, to read as follows: 1.1 Purpose and Scope The Stormwater Criteria Manual provides the minimum design and technical criteria for the design and analysis of drainage and erosion control plans. The erosion- related requirements of this Manual are intended to reduce erosion to an acceptable level, emphasizing the control of erosion and sediment transport from the surface of disturbed land by water. Channel erosion control for temporary channels (diversions, gullies) and major channel stabilization are addressed as erosion control matters in this Manual. The requirements of Volume 3, Chapter 7, as amended, apply to all land disturbing activities covered by this Manual, except for the following: (1) Single Family Residential lots less than ten thousand (10,000) square feet in area and less than four to one slopes except when construction activities are within 50 feet of the outer limits of sensitive areas including floodplains, slopes, riparian corridors, lakes, irrigation ditches, or other features subject to natural areas buffer requirements under the City Land Use Code; and (2) Emergency work disturbing ten thousand (10,000) square feet or more in area will not be required to supply an Erosion Control Plan and/or Report, but must comply with otherwise applicable erosion control requirements except to the extent that such compliance is precluded by the emergency circumstances necessitating the emergency work. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Rick Richter Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Second Reading of Ordinance No. 141, 2012, Amending Ordinance No. 117, 2012, to Correct the List of Properties That Are Subject to the Special Fee Imposed by Said Ordinance. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 4, 2012, amends Ordinance No. 117, 2012, that established a special fee to be paid by the owners of property within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. The spreadsheet mistakenly included a parcel of property in Zone A that is actually located within the Town of Windsor. This property should not have been shown as being subject to the Fort Collins Fee Ordinance. This Ordinance removes that parcel of property and slightly adjusts the area of the property owned by Terry and Mary Van Cleave to more accurately reflect the actual property size. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Rick Richter Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT First Reading of Ordinance No. 141, 2012, Amending Ordinance No. 117, 2012, to Correct the List of Properties That Are Subject to the Special Fee Imposed by Said Ordinance. EXECUTIVE SUMMARY This Ordinance amends Ordinance No. 117, 2012, adopted on Second Reading on November 6, 2012, that established a special fee to be paid by the owners of property within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. The spreadsheet mistakenly included a parcel of property in Zone A that is actually located within the Town of Windsor. This property should not have been shown as being subject to the Fort Collins Fee Ordinance. This Ordinance removes that parcel of property and slightly adjusts the area of the property owned by Terry and Mary Van Cleave to more accurately reflect the actual property size. BACKGROUND / DISCUSSION City Council and the Windsor Town Board held five joint work sessions to discuss the I-25 and State Highway 392 Interchange Improvements, System Level Study (1601 Process), and design. The System Level Study for this interchange was approved by the CDOT Transportation Commission on January 21, 2009. This approval, along with a signed IGA, has allowed the Project to move into the final design phase. The accelerated design process for this Project was completed in January 2010. The accelerated design process made this Project “shovel ready,” thereby enhancing the possibility of obtaining funding for construction. The design followed the intent of the guiding principles adopted by the City Council and the Town Board in August 2008, specifically the community character guiding principle that states: “The I-25/392 Interchange is an important ‘gateway’ feature for both Fort Collins and Windsor. It is viewed as Fort Collins’ southern gateway and the main gateway into the Town of Windsor. The design of the Interchange, sensitivity to view sheds and associated land development, shall enhance the gateway concept.” On November 6, 2012, the City Council adopted on Second Reading Ordinance No. 117, 2012, establishing a special fee to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. On November 13, 2012, the Town Board of Windsor, Colorado, adopted a similar ordinance establishing a special fee to be paid by certain properties located east of the Interchange and within the Windsor town limits. The Fort Collins fee ordinance contains a spreadsheet in Section 1(c)(1)a, that identifies the parcels of property that will be subject to the “proximity component” of the Fort Collins fee. The spreadsheet mistakenly includes a parcel of property in Zone A that is located within the Town of Windsor and that should not have been shown as being subject to the Fort Collins Fee Ordinance. This property is known as Larimer County Parcel No. 86150-00-013, and is owned by Burnette/Young Investments. The purpose of this Ordinance is to correct the above referenced spreadsheet by eliminating that parcel of property from the Fort Collins fee spreadsheet. FINANCIAL / ECONOMIC IMPACTS This action will allow for the payment of the Special Fee for the parcel in question to correctly be paid to Windsor instead of Fort Collins. COPY COPY COPY COPY December 4, 2012 -2- ITEM 16 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH The impacted property owners have been notified of the intention to correct this error and they had no objection. ORDINANCE NO. 141, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 117, 2012, TO CORRECT THE LIST OF PROPERTIES THAT ARE SUBJECT TO THE SPECIAL FEE IMPOSED BY SAID ORDINANCE WHEREAS, on November 6, 2012, the City Council adopted on second reading Ordinance No. 117, 2012, (the “Fort Collins Fee Ordinance”) establishing a special fee (the “Fort Collins Fee”) to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392 (the “Interchange”); and WHEREAS, on November 13, 2012, the Town Board of Windsor, Colorado, adopted an ordinance similar to Ordinance No. 117, 2012, establishing a special fee to be paid by certain additional properties located east of the Interchange and within the Windsor town limits; and WHEREAS, the Fort Collins Fee Ordinance contains, in Section 1(c)(1)a thereof, a spreadsheet that identifies the parcels of property that will be subject to the “proximity component” of the Fort Collins Fee; and WHEREAS, the spreadsheet mistakenly includes in Zone A thereof a parcel of property that is located within the Town of Windsor and that should not have been shown as being subject to the Fort Collins Fee Ordinance; and WHEREAS, said parcel is known as Larimer County Parcel No. 86150-00-013 and is owned by Burnette/Young Investments; and WHEREAS, the purpose of this Ordinance is to correct the above referenced spreadsheet by eliminating Larimer County Parcel No. 86150-00-013 from the Fort Collins Fee Ordinance; and WHEREAS, the foregoing spreadsheet also needs to be revised to reduce the Developable Land Area of the parcel owned by Terry and Mary Van Cleave so as to better reflect the actual developable square footage of said parcel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1(c)(1)a of Ordinance No. 117, 2012, is hereby amended by substituting the following spreadsheet for the spreadsheet currently contained in said ordinance, so that Section 1(c)(1)a reads in its entirety as follows: Section 1. Special fee. . . . (c) Imposition of the fee. (1) There is hereby established a special fee that shall be imposed pursuant to the provisions of this Ordinance upon the owners of all CAC Properties. Said fee shall consist of a Proximity Component and a Trip Generation Component. The Proximity Component of the fee is intended to reflect the relative benefit derived by each CAC Property from the construction of the Improvements, as determined by the Foster Study, while the Trip Generation Component of the fee is intended to reflect the relative traffic impacts of each CAC Property. a. The Proximity Component of the fee for all Developed and Undeveloped Properties shall be in the amounts shown in the following spreadsheet except to the extent that: (i) the City Manager or the Financial Officer adjusts the amount due for a particular CAC Property pursuant to an appeal taken under subsection (f) of this Section 1; or (ii) the City Manager, upon recommendation of the Financial Officer, increases or decreases the amount due for a particular CAC Property to more accurately reflect the developable square footage of such parcel, and so notifies the affected Property Owner in writing no less than thirty (30) days prior to the date that the first installment of the Proximity Component is due under subsection (d) of this Section 1. These amounts represent each CAC Property’s proportionate share of the sum of One Million Two Hundred Thousand Seventy-five Dollars ($1,275,000.00), which is one-half of the Property Owners’ share of the Local Contribution. . . . Section 2. That in all other respects Ordinance No. 117, 2012, shall remain in full force and effect. -2- Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- DATE: December 18, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 146, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 13, 2012, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 146, 2012, establishes the salary of the City Manager at $207,063. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 27 SUBJECT First Reading of Ordinance No. 146, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 13, 2012, to conduct the performance review of City Manager Darin Atteberry. Ordinance No. 146, 2012, establishes the salary of the City Manager. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year. In 2012, the total compensation paid to the City Manager included the following: 2012 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary Medical Insurance Dental Insurance Life Insurance Long Term Disability ICMA (457) ICMA (401) Car Allowance $ 197,203 8,640 588 345 828 5,916 19,720 9,000 Vacation (30 days per year) Holidays (11 days per year) Total Monetary Compensation $ 243,365 Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin Atteberry’s 2013 salary. STAFF RECOMMENDATION Not applicable. Prepared by Human Resources December 4, 2012 City Manager Monetary Monetary Base Salary 197,203 Base Salary 207,063 Medical Insurance 8,640 Medical Insurance 7,800 Dental Insurance 588 Dental Insurance 492 Life Insurance 345 Life Insurance 362 Long Term Disability 828 Long Term Disability 957 ICMA 457 5,916 ICMA 457 6,212 ICMA 401 19,720 ICMA 401 20,706 Car Allowance 9,000 Car Allowance 9,000 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days One-Time Perf Award $1,125 Total Compensation 243,365 Total Compensation 252,592 2012 Projected 2013 ATTACHMENT 2 ORDINANCE NO. 146, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY MANAGER WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Manager; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Manager to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Manager to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council believes that the base salary of the City Manager should be established at the amount of $207,063 effective January 7, 2013, so that the total compensation paid to the City Manager in 2013 will be in the amount of $252,592. 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 January 7, 2013. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second Reading of Ordinance No. 147, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. EXECUTIVE SUMMARY City Council met in Executive Session on November 13, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 147, 2012, establishes the 2013 salary of the City Attorney at $170,662. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 28 SUBJECT First Reading of Ordinance No. 147, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. EXECUTIVE SUMMARY City Council met in Executive Session on November 13, 2012 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 147, 2012, establishes the 2013 salary of the City Attorney. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year. In 2012, the total compensation paid to the City Attorney included the following: 2012 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary Medical Insurance Dental Insurance Life Insurance Long Term Disability ICMA (457) ICMA (401) $ 165,691 8,640 588 289 696 4,971 16,569 Vacation (32.5 days per year) Holidays (11 days per year) Total Monetary Compensation $ 198,569 Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Attorney Roy’s 2013 salary. STAFF RECOMMENDATION Not applicable. Prepared by Human Resources December 4, 2012 City Attorney Monetary Monetary Base Salary 165,691 Base Salary 170,662 Medical Insurance 8,640 Medical Insurance 7,800 Dental Insurance 588 Dental Insurance 492 Life Insurance 289 Life Insurance 298 Long Term Disability 696 Long Term Disability 789 ICMA 457 4,971 ICMA 457 5,120 ICMA 401 16,569 ICMA 401 17,066 Non-Monetary Non-Monetary Vacation 32.5 Vacation 32.5 Holiday 11 days Holiday 11 days One-Time Perf Award $1,125 Total Compensation 198,569 Total Compensation 202,226 2012 Projected 2013 ATTACHMENT 2 ORDINANCE NO. 147, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council 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 $170,662 effective January 7, 2013, so that the total compensation paid to the City Attorney in 2013 will be in the amount of $202,226. 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 ($170,662.) 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 January 7, 2013. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Second Reading of Ordinance No. 148, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. EXECUTIVE SUMMARY City Council met in executive session on November 13, 2012, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 148, 2012, unanimously adopted on First Reading on December 4, 2012, establishes the 2013 salary of the Municipal Judge at $99,253. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Janet Miller Amy Sharkey AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 29 SUBJECT Items Relating to the Employment of the Municipal Judge. A. First Reading of Ordinance No. 148, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. B. Resolution 2012-116 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the Tenth Addendum to the Judge’s Employment Agreement. EXECUTIVE SUMMARY City Council met in executive session on November 13, 2012, to conduct the performance review of Municipal Judge Kathleen Lane. Ordinance No. 148, 2012, establishes the 2013 salary of the Municipal Judge. Resolution 2012-116 reappoints Judge Lane for another two-year term to expire December 31, 2014 and authorizes the Mayor to execute an addendum to the Judge’s employment agreement to reflect the change in term. BACKGROUND / DISCUSSION Article VII, Section 1 of the Charter provides that the Municipal Judge is to be appointed for a term of two years. Kathleen M. Lane was first appointed to serve as the City's Municipal Judge effective July 1, 1989. Resolution 2010- 074 reappointed Judge Lane for a two-year term ending on December 31, 2012. This Resolution reappoints Judge Lane for another two-year term to expire December 31, 2014 and authorizes the Mayor to execute an addendum to the Judge’s employment agreement to reflect her new term of office. 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 2012, the total compensation paid to the Municipal Judge included the following: 2012 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary (0.8 FTE) Medical Insurance Dental Insurance Life Insurance Long Term Disability ICMA (457) ICMA (401) $ 95,436 8,640 588 167 401 2,863 9,544 Vacation (30 days per year) Holidays (11 days per year) Total Monetary Compensation $ 118,764 Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2013 salary. STAFF RECOMMENDATION Not applicable. Prepared by Human Resources December 4, 2012 Municipal Judge Monetary Monetary Base Salary 95,436 Base Salary 99,253 Medical Insurance 8,640 Medical Insurance 7,800 Dental Insurance 588 Dental Insurance 492 Life Insurance 167 Life Insurance 174 Long Term Disability 401 Long Term Disability 459 ICMA 457 2,863 ICMA 457 2,978 ICMA 401 9,544 ICMA 401 9,925 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days One-Time Perf Award $1,125 Total Compensation 118,764 Total Compensation 121,081 2012 (.8 FTE) Projected 2013 (.8 FTE) ATTACHMENT 2 ORDINANCE NO. 148, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE MUNICIPAL JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council 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 $99,253, effective January 7, 2013, so that the total compensation paid to the Municipal Judge in 2013 will be in the amount of $121,081. 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 January 7, 2013. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Erika Keeton, Patrick Rowe Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 150, 2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property Interests Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY Mason Corridor Bus Rapid Transit (MAX BRT) Project staff has identified two additional real estate acquisition interests which are necessary to construct the MAX BRT Project. As with prior acquisitions/acquisition phases, City Council authorization for eminent domain (if necessary) is the first step in the acquisitions process. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State Statute in the official Notice-of-Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition process, which must occur prior to the appraisals. Given the construction schedule for the Project and the fact that acquisitions must be conducted under procedures for federally funded projects, timely acquisition of the required property interests is necessary. Therefore, City staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. The acquisitions that are the subject of this Ordinance concern two sets of property interests (more specifically, two signboard easements, leasehold interests and improvements) located within the alignment of planned BRT Project improvements on Burlington Northern Santa Fe Railway (the “BNSF”) property. (Note: As background, on November 6, City Council upheld an appeal to an August 9, 2012 Zoning Board of Appeals (ZBA) decision, thereby disallowing a ZBA variance that would have permitted the relocation of one of the off-premise signboards which is the subject of this Ordinance). BACKGROUND / DISCUSSION The Mason Corridor Bus Rapid Transit Project, branded Mason Express or “MAX”, is a five mile, north-south byway which extends from the Downtown Transit Center on the north to the planned South Transit Center, south of Harmony Road. MAX will link major destinations and activity centers along the City’s primary transportation and commercial corridor including, “Old Town”, Colorado State University, Foothills Mall, and South College retail areas. In addition to greatly enhancing the City’s north-south transportation movement, MAX will be a significant catalyst for economic growth, both as a short-term stimulus and as a long-term development/re-development driver. The schedule calls for a 2014 operation date for MAX. The project is predominately located within the outside twenty-five feet of the east half of the BSNF property; however, overall project right-of-way will consist of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. In addition to property interests from the BNSF, Colorado State University, the Colorado State University Research Foundation, and several ditch companies, the project includes property acquisition from approximately 47 distinct property owners. Each acquisition is unique, but the typical acquisition need for the Project can be characterized as a five foot permanent easement and a twenty foot temporary construction easement along the rear of properties adjacent to the Project. Additionally, fee simple ownership is also needed in a number of locations to accommodate stations, and other ancillary project improvements. This Ordinance pertains to a single (newly identified) Temporary Construction Easement interest. Significant public outreach has occurred on this long standing project in many forms, including numerous open houses and direct communication with impacted property owners. December 18, 2012 -2- ITEM 13 To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, it is critical that the City have the ability to acquire the property interests in a timely manner. In addition, since this is a federally funded project, City Council must have eminent domain authorization (only to be used if necessary) before staff is able to send out the required Notice of Interest letter. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if absolutely necessary, and only if good faith negotiations are not successful. It’s important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses. FINANCIAL / ECONOMIC IMPACTS Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH The affected property owners have been contacted by City staff. ATTACHMENTS 1. Location map ORDINANCE NO. 150, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN PROPERTY INTERESTS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS, construction for the Mason Corridor Bus Rapid Transit Project (the “Project”) recently commenced; and WHEREAS, the Project involves the construction of a five mile, north-south byway which extends from Cherry Street on the north to a point south of Harmony Road (the site of the new South Transit Center); and WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete paving, retaining walls, curb and gutter, and drainage and utility improvements; and WHEREAS, the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS, the Project recently identified additional property interests that need to be acquired for the construction of the Project, which interests (the “Property”) are described on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of the Property from the landowner; and WHEREAS, the acquisition of the Property may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property described on Exhibit “A” for the purpose of the Mason Corridor Bus Rapid Transit Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property for the City by eminent domain. Section 3. The City Council hereby finds, in the event that acquisition by eminent domain is commenced, that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT “A” DESCRIPTION OF INTERESTS TO BE ACQUIRED Two signboard easements, one located at the northeast corner of the intersection of Horsetooth Road and the BNSF Railroad in the City of Fort Collins, and the other located at the northeast corner of the intersection of Prospect Road and the BNSF Railroad in the City of Fort Collins, being two of the easement locations described in that certain Signboard Easement between the Burlington Northern and Santa Fe Railway Company and Outdoor Systems Inc., recorded on December 23, 1997 at Reception No. 97086045 in the Office of the Larimer County Clerk and Recorder, along with any interests arising out of said easements, including, but not limited to any leasehold interests held by the Lamar Company, LLC., NextMedia Outdoor, Inc., and/or any and all related entities or other entities. The boundaries of said easements are described on page 1 of the Signboard Easement and the general locations of said easements are depicted on pages 12 and 17 of the Signboard Easement and shown on Attachment 1, attached hereto and incorporated herein by this reference. DATE: December 18, 2012 STAFF: Pete Wray, Clark Mapes, Basil Hamdan AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Items Relating to the 2012 Streets and Stormwater Site Development Initiatives. A. First Reading of Ordinance No. 151, 2012, Adopting an Update to Appendix C of the Larimer County Urban Area Street Standards Pertaining to “Streetscape Standards” for the City of Fort Collins. . B. First Reading of Ordinance No. 152, 2012, Amending Chapter 26 of the City Code and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions Implementing Low Impact Development Principles. EXECUTIVE SUMMARY Ordinance No. 151, 2012 replaces the City of Fort Collins Streetscape Design Standards & Guidelines document with a new version entitled “City of Fort Collins Streetscape Standards”. Ordinance No. 152, 2012 updates the City’s Low Impact Development Criteria and Policy regarding the control and treatment of stormwater runoff from streets and site development. The Streetscape Standards relate to the treatment of parkway strips (between the curb and sidewalk), medians, intersections, roundabouts, and key gateway intersections. The update primarily involves raising the bar for the quality of streetscape development in arterial medians and at key gateway intersections. The City’s Low Impact Development (LID) Criteria and Policy addresses the City’s requirements and incentives for more distributed stormwater runoff management and control which relies mainly on filtration and infiltration to treat and manage the stormwater runoff. This approach will apply to private site development projects as well as to public street projects. BACKGROUND / DISCUSSION Two Parts of a Larger Coordinated Program City Council discussed these two initiatives at a work session on August 14, 2012, as two parts of a larger coordinated program called the 2012 Streets and Stormwater Site Development Initiatives. Attachment 1 is a summary of that work session. The larger program brings four related initiatives together under a unified theme. The other two initiatives that are not part of this Council agenda item are an update to the street classifications in the Larimer County Urban Area Street Standards, and a street demonstration project to test the ideas from all of the initiatives. These other initiatives will be completed in 2013 and 2014. Streetscape Design Standards & Guidelines Update The current Streetscape Design Standards & Guidelines document was adopted in 2001 by the City and Larimer County as Appendix C of the Larimer County Urban Area Street Standards. Ordinance No. 151, 2012 replaces that document with a new version, with the shortened title, Streetscape Standards. The new document is Exhibit A to the Ordinance. The document sets forth a whole approach toward streets as landscaped public spaces that contribute to Fort Collins unique identity. It is used primarily by staff in City projects, operations, and budgets. Secondarily, it is used by developers and property owners doing landscaping in the City right-of-way. A key finding of this process is the need for an active City program to implement these standards. Staff has formed an interdepartmental Streetscape Team to do so. The need for a team stems from the multidisciplinary nature of streetscapes, involving engineering, urban design, horticulture, maintenance, and water use. The City program and staff team is at least as important as the document itself to achieve the quality of planting-based streetscapes that are described in the document. December 18, 2012 -2- ITEM 14 The key policy-level issues for the City involve “raising the bar” for arterial medians, including medians in roundabouts and also for gateway intersection enhancement. Raising the bar involves corresponding costs for construction and maintenance. Besides the larger policy-level issues, the update also involves clarifications, adjustments, and additional details regarding all aspects of streetscapes. Key topics that have been addressed in the update process include: • Recognition of differences among arterial street corridors throughout the city on a new GIS map. • Recognition of exceptional gateway intersections on the map. • More detailed guidance for arterial median landscaping per the City’s vision for a distinctive, world class community. • More attention to the role of maintenance and life cycle costs in project programming and design. • More attention to the role of an appropriate interdepartmental staff team. • Consideration of best practices for landscape plantings including such factors as image, appropriate use of water, storm runoff and drainage, chemical application impacts, maintenance, and replacement needs. • Consideration of design solutions to acknowledge inevitable vehicular damage to streetscapes. • Clarification of parkway landscaping between the curb and sidewalk, with a focus on questions of grass versus planting beds. Key Aspects of the Proposed New Standards Streetscapes have a profound effect on the visual character of a city. They can express civic pride and values with attention to the quality of public space. A key difference between the proposed and existing documents is that the existing document is general and basic -- it essentially requires that street parkway strips and medians be landscaped, but does not specify a design or maintenance approach beyond that general requirement. It is unclear on certain key points, such as the landscaping in parkways; it does not recognize the differences between arterial streets in different parts of the city; and it does not reflect adequate integration of design, maintenance, and management into a whole approach. Actual streetscapes on the ground have tended to reflect a minimal landscape design and maintenance approach, particularly toward arterial medians. The approach has been largely determined on an ad hoc or case-by-case basis rather than a coordinated citywide program. The proposed standards are clearer and provide more design guidance than existing standards. The community benefits by enhanced community identity and appearance, with streetscapes that impart a sense of quality to Fort Collins as a unique place. The most significant changes in the updated document involve the following topics: • Enhanced arterial street median landscaping, including medians in roundabouts. The proposed standards are intended to reinforce Fort Collins’ identity with strong visual statements in arterial streetscapes. To accomplish this, the standards give more specific direction for a garden-style approach to design and maintenance of landscaping. They specify a more intensive planting program with color, texture, detail, and variety in a palette of perennials, shrubs, and judicious use of annual flowers, in addition to street trees. The palette of plants emphasizes native and similarly adapted plants with western regional character. The whole approach includes the use of mulches and boulders in conjunction with plantings. This landscaping is not only a matter of the standards document, but also involves an enhanced program with a corresponding level of management and maintenance implemented by a staff streetscape team. New standards also provide an updated design of concrete edges, and clarify the treatment of narrow median areas, such as median noses that define left-turn bays. The standards expand planting into median noses as narrow as three feet, as opposed to existing standards which have typically resulted in paving median noses under seven feet in width. December 18, 2012 -3- ITEM 14 • Gateway intersections. A new map identifies arterial intersections that warrant a heightened level of streetscape enhancements. An example of such an intersection is the Harmony/College intersection, which was improved two years ago with special urban design features such as planter pots on plinths, annual flowers, railings, pedestrian lights, public art on signal poles, and lighted pylons. Another example is the Jefferson/Mountain intersection, which received extensive design attention in 2011 for both roundabout and signalized options. It has not yet progressed to final design or construction, but it demonstrated the approach that the standards require for gateway intersections. • Landscaping in parkways. New standards clarify and describe the choices for landscaping in these strips at the interface between public and private space. The existing 2001 document is unclear on this topic. For standard arterial streets, turfgrass is required, and options for different types of turfgrass are described. For collector and local streets, the choice of turfgrass or mulched planting beds is described, and both are permitted. Policy Background A clear theme in City Plan is the importance of City streets as public space that creates first impressions, is experienced by all residents and visitors on a daily basis, and plays a large role in determining and conveying the civic intentions of Fort Collins. Closely related to City Plan, the Transportation Master Plan states: • “Travel infrastructure will be high quality and recognized as world class by residents, visitors, and peers.” • “Transportation infrastructure will be designed to be sensitive to the surrounding land use context.” • “Plan, build, and maintain streets, trails, intersections, and sidewalks as attractive public spaces” These general themes are supported by a number of Principles and Policies that provide further guidance for streetscapes to be beautiful, well-maintained, and context-sensitive. Low Impact Development Criteria and Policy Update City Council directed Stormwater staff prepared a Low Impact Development (LID) Policy Update in 2012. Over the past year, staff has researched existing LID policies throughout the United States and identified key issues and considerations. Staff developed a draft set of LID criteria and LID policy directives for consideration and adoption by the Water Board, other Boards and Commissions, City Council and the citizens of Fort Collins. The Water Board and City Council provided feedback and direction to staff to proceed toward adoption of a hybrid policy to require a minimum level of LID features for all new developments, set at 50% of the total water quality treatment requirement. Also, staff was directed to provide for an additional incentive-based approach beyond that minimum requirement, aimed at achieving a higher level of LID implementation when possible and appropriate. Low Impact Development (LID) is a comprehensive land planning and engineering design approach to capture and filter runoff from smaller storm events at the source, with multiple, decentralized control and treatment techniques as opposed to centralized treatment at large regional facilities only. This typically involves landscape areas and permeable paving which allows water infiltration, using that characteristic of natural systems that existed before development occurred. Controlling some stormwater at its source reduces the need for larger structures or end-of- pipe treatment systems. Implementation of LID policies will have a cumulative effect on the size and type of stormwater infrastructure. Distributing treatment and detention throughout the watershed will reduce the need for regional treatment facilities, minimize the size of conveyance facilities (pipes and channels) needed to transport runoff to receiving waters, and reduce the potential for erosion and sedimentation effects in our streams and waterways. This will in turn have implications for planning, zoning, engineering, transportation and stormwater policies and regulations. December 18, 2012 -4- ITEM 14 Key aspects of LID include: • An overall site planning approach that promotes conservation design at both the watershed and site levels. • A site design philosophy that emphasizes multiple controls (as opposed to a central treatment facility). • The use of swales and open vegetated conveyances (as opposed to curb and gutter systems). • Volume reduction for smaller storm events as a key objective (as opposed to peak flow reduction). Over the last three years, the City has engaged in the design and construction of LID “Demonstration Projects” at public and private sites. These existing projects are currently being monitored for structural integrity, cost of maintenance, water quantity reduction and water quality improvement. Monitoring at these sites will continue beyond the initial implementation of an LID Policy. The LID Policy will affect not only public streets, but also private development. The effort can be viewed as an extension of sustainable practices outside of the building envelope to the site design and layout. Alternatives and Recommended Approach In the update process, staff prepared a number of “Fact Sheets” that detail the extent of implementation of LID technologies in various peer cities in Colorado and in other leading stormwater programs around the nation. LID criteria vary widely from location to location based on geography, climate, hydrology, and any specially regulated waterways. Using all information about the range of choices and best practices, staff prepared three LID Policy alternatives for review and consideration by affected stakeholders, various Boards and Commissions, City Council and the citizens of Fort Collins. 1. A Required LID Alternative; whereby all new development will be required to construct their stormwater quality drainage facilities using LID-type technologies. 2. A Fee-In-Lieu of Construction Alternative; whereby the City could build larger, more regional LID-type facilities and the cost of the City’s investment in these facilities would be recovered through an additional stormwater fee. 3. An Incentive-Based Approach; whereby LID construction would be encouraged through a variety of City policies, including reduction of stormwater fees, inclusion into the Utilities’ ClimateWise program, or a development overlay zone where LID-type stormwater management construction would be encouraged. Council gave direction to staff to pursue a hybrid approach of Alternatives 1 and 3, whereby a minimum level of LID implementation is required, and a system of incentives is developed to encourage the use of these technologies beyond that minimum threshold. The recommended LID criteria are: • A minimum of 50% of new impervious surface area must be treated by an LID-type device or technology (i.e., bio-retention cell, bio-swale, pervious pavement); and • At least 25% of new pavement areas must be designed to be pervious; or, • Implementation of a design alternative that provides equal or better treatment to the previous requirements. Additionally, projects that incorporate LID technologies and principles into their site design will be recognized through the Utilities’ ClimateWise program. Finally, stormwater plant investment fees will be based on a percent “Effective Impervious Area” rather than the current “Percent Impervious” Area. Using such an approach, the stormwater impact fees will be set at a value commensurate with the level of LID technologies provided. December 18, 2012 -5- ITEM 14 FINANCIAL / ECONOMIC IMPACTS Financial/Economic Impacts of Streetscape Standards Implementation of the updated streetscape standards will require increments of additional cost for arterial medians, and for enhanced gateway intersections. The additional costs reflect “raising the bar” for plant material coverage, urban design enhancements, and better irrigation systems. A general characterization of the higher cost increments follows, to give a sense of the order of magnitude of cost increments. Cost impacts for arterial medians 1. Construction cost increment. Higher construction costs associated with the new standards mostly stem from increased plant material coverage. Other components are similar in cost to “typical” medians without the proposed standards. In a landscaping project to renovate an existing median, the additional increment of cost may be characterized as approximately 15-25% of the project cost. A reasonable example would be about a $10,000 increment in a $50,000 project to renovate a common-size median of 6,000 square feet. In a street project to construct a new median, the additional increment of cost may be characterized as approximately 7-12% of the median cost. A reasonable example would be about a $12,000 increment in a $140,000 project to construct a new landscaped 6,000 square-foot median. 2. Maintenance cost increment. Higher maintenance costs associated with the new standards mostly stem from the need for more frequent and skilled horticultural maintenance of perennials and shrubs, along with slightly higher standards for replenishing mulches and maintaining irrigation systems. A reasonable example would be about a $1,000 annual increment for a 6,000 square-foot median. 3. Plant replacement cost increment. Higher replacement costs associated with the new standards stem from the fact that perennials and shrubs have varying life spans and must be replaced periodically. A reasonable example would be an increment of about $900 annually for a 6,000 square-foot median. Cost impacts for enhanced gateway intersections 1. Construction cost increment. Two rules of thumb may be used to characterize higher costs associated with future streetscape projects at these intersections: streetscape enhancements may add approximately $700,000 to a “typical” intersection project, and may constitute approximately 20-30% of the total cost of a given intersection. 2. Maintenance cost increment. For enhanced plantings including annuals, and an allowance for electrical work, painting of metal urban design features, and vandalism repair, a reasonable example would be an increment of approximately $5,500 annually. Financial/Economic Impacts of LID Policy Implementation of the updated LID Policy is expected to have a net positive overall economic impact for new construction. In general, LID practices tend to be much more cost effective in highly urbanized areas, where land values are higher, as compared to "green field" development. The initial cost of constructing LID facilities along with other conventional drainage infrastructure which may still be needed, is typically higher than for non-LID development. However, life-cycle analysis of costs and benefits typically shows that higher costs can typically be recovered through increased property values, reduced maintenance costs, and reduced replacement costs. City staff analyzed the economic impacts of LID technologies in a recently completed development project in the city, and found that the project realized a net benefit through more efficient, multi-functional use of on-site space, added flexibility in site layout, reduced infrastructure needs, and added property value. In that example, a permeable pavement material was chosen over a portion of the parking lot. The initial investment costs were increased by a factor December 18, 2012 -6- ITEM 14 of 2.2 for the permeable pavement materials compared to conventional asphalt paving. However these costs were offset by a smaller detention pond size needed, the elimination of a storm sewer system and a more flexible use of space. ENVIRONMENTAL IMPACTS Environmental Impacts of Streetscape Standards Direct environmental impacts of the new Streetscape Standards are minimal. The most significant effects of the standards involve the landscape architecture of arterial medians and gateway intersections, and the effects are more aesthetic than environmental per se. The new standards emphasize regionally appropriate, low-water use plantings, with efficient irrigation systems, to enhance the beauty and character of arterial streets high-visibility public spaces. Because median landscaping which has been occurring under existing standards is already typically water-efficient, there is no definable impact upon water demands due to the new standards. Environmental Impacts of LID Policy By adopting the LID policy standards and criteria update several environmental impacts can be anticipated: 1. Protection of water quality: LID infiltration techniques will capture sediment and pollutant at the source. Chemical processes during infiltration of runoff will filter the storm runoff resulting in cleaner effluent from developed areas. 2. Protection of streams and waterways: watershed-level implementation of LID technologies has been shown to considerably reduce the impact of pollutants on natural waterways and streams through the reduction of introduced sediments and pollutants into natural systems. 3. Increased flood protection through the reduction of impervious surfaces: impervious areas increase the amount of runoff that leaves a site, as undeveloped lands that allow for natural infiltration of rain water are replaced with impervious surfaces such as buildings, sidewalks and pavement. 4. Reduced land disturbance: the use of these techniques encourages the minimization of land disturbance especially near sensitive eco-systems. 5. Improved landscape and aesthetics: LID implementation will add to the overall site aesthetics by replacing traditional “grey infrastructure” such as pipes and concrete conveyance structures with a functional system using techniques such as grass buffers, grass swales, infiltration strips, rain gardens, or other “green infrastructure” systems. 6. Protection of natural resources: LID technologies often incorporate the use of waste-stream materials into the construction of drainage facilities, including the re-use of recycled asphalt, recycled concrete, and shredded paper materials (used in rain gardens and bio retention cells). LID techniques may also reduce demand for resource-intensive materials as natural systems reduce the need for asphalt, concrete and other intensive resource-depleting materials. 6. Reduced energy demand: through shading and infiltration techniques, LID reduces “heat-island” effects in developed areas as the evaporation of infiltrated waters from landscaped and pervious areas has a cooling effect on developed sites. 7. Reduced water consumption: through the re-use of stormwater runoff to irrigate landscaped areas, combined with the use of low-water demand grasses and other plant materials, water consumption may be reduced. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. December 18, 2012 -7- ITEM 14 BOARD / COMMISSION RECOMMENDATION Planning and Zoning Board At its November 15, 2012 meeting, the Planning and Zoning Board voted unanimously on consent to recommend adoption of Ordinance No. 151, 2012, adopting an update to Appendix C of the Larimer County Urban Area Street Standards, which comprises the City of Fort Collins Streetscape Design Standards and Guidelines. Water Board At its November 15, 2012 meeting, the Water Board voted unanimously to recommend adoption of Ordinance No. 152, 2012 amending Chapter 26 of the City Code and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions Implementing Low Impact Development Principles. Natural Resources Advisory Board At its November 26, 2012 meeting, the Natural Resources Advisory Board voted unanimously to recommend adoption of Ordinance No. 152, 2012 amending Chapter 26 of the City Code and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions Implementing Low Impact Development Principles. Parks and Recreation Board At its December 5, 2012 meeting, the Parks and Recreation Board voted 7-2 to recommend adoption of Ordinance No. 151, 2012, adopting an update to Appendix C of the Larimer County Urban Area Street Standards, which comprises the City of Fort Collins Streetscape Design Standards and Guidelines. PUBLIC OUTREACH The planning process for the 2012 Initiatives has included public outreach spanning the past two years, including the following: • Updates to the Planning and Zoning Board, Transportation Board, Water Board, and City Council. • A public open house meeting (August 9, 2012). • A presentation/discussion with the Fort Collins Chamber of Commerce. • A presentation/discussion with City Council at a work session on August 14, 2012 • A presentation/discussion with the US Green Building Council of Northern Colorado Branch. • A booth at the Climate Wise Business Innovations Fair. ATTACHMENTS 1. August 14, 2012 City Council Work Session Summary 2. Planning and Zoning Board minutes, November 15, 2012 3. Water Board Meeting minutes, November 15, 2012 4. Natural Resources Advisory Board minutes, November 26, 2012 5. Parks and Recreation Board minutes, December 5, 2012 Transportation Planning & Special Projects 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.224.6058 970.221.6239 - fax fcgov.com/transportation Planning, Development & Transportation MEMORANDUM DATE: December 7, 2012 TO: Mayor and City Councilmembers THROUGH: Darin Atteberry, City Manager Diane Jones, Deputy City Manager/Policy, Planning, and Transportation Karen Cumbo, Director of Planning, Development, and Transportation Jon Haukaas, Water Engineering & Field Operations Manager FROM: Aaron Iverson, Interim Transportation Planning Director Basil Hamdan, Stormwater Quality Engineer Amy Lewin, Transportation Planner Pete Wray, Senior City Planner RE: AUGUST 14, 2012 WORK SESSION SUMMARY – 2012 STREETS AND STORMWATER SITE DEVELOPMENT INITIATIVES This memorandum provides a summary of the City Council Work Session discussion from August 14, 2012 regarding the 2012 Streets and Stormwater Site Development Initiatives. Attendees: City Council: Mayor Pro-Tem Kelly Ohlson, Councilmember Ben Manvel, Councilmember Lisa Poppaw, Councilmember Wade Troxell City Staff: Darin Atteberry, Diane Jones, Bruce Hendee, Karen Cumbo, John Haukaas, Ken Sampley, Mark Jackson, Basil Hamdan, Aaron Iverson, Pete Wray, Amy Lewin Discussion Summary  City Council asked a number of questions and provided feedback on the Low Impact Development (LID) project, including: o That stormwater fees are a function of impervious area and by using LID technologies stormwater fees would be reduced in effect. o LID technologies are geared toward treatment of smaller storms and their impact on regional stormwater infrastructure is limited due to Fort Collins' prevailing climate, vegetation cover and soils. o Initial investment costs for LID are typically higher by a factor of 2 to 3; however, looking at life-cycle costs, the use of sustainable infrastructure has been proven to be the more economical alternative. o Council doubted that using incentive based LID policies would yield a significant implementation. Staff noted that research has shown that incentive based LID policies rarely see wide application. ATTACHMENT 1 o Requiring a 50% minimum treatment of stormwater runoff using LID technologies as a starting point is the recommended option by staff. o Council asked staff to elaborate on the City's collaborative efforts with CSU regarding this project and others.  There was discussion about being thoughtful in any updates to street standards or classifications by learning from examples from around the City that for one reason or another are currently problematic.  Council gave staff several suggestions as to where demonstration projects for green streets would be beneficial, and urged staff to continue towards implementing a demonstration project.  Staff noted that the funding for a demonstration project is currently a BFO budget offer, and that staff will be looking for grant or other funding opportunities as they become available.  Council expressed strong support for the approach adopted by staff so far for all four projects. Follow-up Items:  Council asked staff to come back with an LID policy based on a minimum of 50% requirement combined with an incentive based for going beyond 50% by December. This would include a discussion of why 50% is an appropriate requirement. Staff appreciates the opportunity to discuss these four projects with the City Council and received valuable feedback and direction. ATTACHMENT 2 Excerpt from Unapproved Water Board Minutes, November 15, 2012 LID and Streetscape Standards Policy Update (Attachments available upon request). Mr. Haukaas introduced the item and introduced Civil Engineer Basil Hamdan and City Planner Clark Mapes. The Low Impact Development (LID) Policy is developed in coordination with the Streetscape Standards. Both items will be presented to City Council in December. Mr. Hamdan presented the 2012 Green Streets Initiative. This combines four related projects: Updating Streetscape/Landscape Standards in the Larimer County Urban Area Street Standards (LCUASS); updating to Street Classifications to include more flexible urban standards, updating the Low Impact Development (LID) Policy, and the Green Street Demonstration Project. Mr. Hamdan presented information on the Public Outreach Process. This item has been presented to several boards and committees as well as a City Council Work Session. Mr. Mapes presented an arterial streetscapes map. He also presented several photographs showing existing and proposed arterial medians within the City, as well as standard arterial medians, medians in roundabouts, and parkway landscaping for local and collector streets. The purpose of the update includes the following:  New approach to “raise the bar”  Recognize the differences between arterials  Clarify components and details Mr. Mapes explained the differences between native warm-season shortgrasses and turf-type grasses. Mr. Hamdan presented information on the LID Policy Update and the LID required alternatives considered:  On-site construction of LID required for public and private development projects  Required but with an option to pay fee in lieu of construction  Incentive Based Alternatives (fee based and Climate Wise program) Mr. Hamdan presented highlights from the July Water Board presentation and the August City Council Work Session. Council doubted that using incentive based LID policies would yield a significant implementation:  Requiring a 50 percent minimum treatment of stormwater runoff using LID technologies as a starting point  Continue collaborative efforts with Colorado State University (CSU) regarding this project  Support for staff recommendation on all four related projects  LID policy based on a minimum of 50 percent requirement combined with an incentive beyond 50 percent Council requested staff’s recommendation on the policy. Proposed LID Criteria and Policy Update:  Minimum of 50 percent of lot area to be treated by LID-type device/technology  Minimum of 25 percent permeable for added parking areas  Designed alternative (equal or better standard) ATTACHMENT 3 Excerpt from Unapproved Water Board Minutes, November 15, 2012  Incentive based approach for LID level beyond the minimum 50 percent Mr. Hamdan presented examples for parkway, rain garden, and median applications. He also presented a diagram on the parking lot application for O’Dell’s Brewery expansion and shared initial costs versus life-cycle costs. Maintenance costs will be reduced. Highlights from the discussion:  A board member asked for clarification on the motion since the LID Policy Update and Streetscape Standards were combined for tonight’s meeting. Mr. Haukaas stated staff is only asking for a recommendation on the LID Policy.  A board member questioned if there will be an option to buy out of doing LID onsite in the same way as regional ponds. Mr. Haukaas stated this has been discussed. That option is not always feasible; however, the equal or better standard is feasible.  A board member expressed appreciation for staff’s work on the project.  A board member asked about the challenges with older neighborhoods. What is the lifespan for streetscapes construction? Mr. Haukaas stated this is driven by development. Most pavement rehabilitation projects are focused on driving surfaces. There are corridor studies that will look at improvements. Mr. Mapes also stated a team will be assembled to push some initiatives.  A board member asked about maintaining new types of landscapes. Will this involve the same amount of labor? Mr. Mapes stated there needs to be an increased skill level to maintain the perennials, shrubs, etc.  A board member questioned what type of properties the statement “a minimum of 50 percent of Lot Area to be treated by LID-type device/technology” refers to. Mr. Hamdan stated this applies to both public and private properties.  A board member questioned if there an opportunity for private development could lead the way on City property to get the medians in place. Is the City receptive to the idea of partnerships with developers to meet the equal or better standard? Mr. Hamdan stated typically public and private properties are separated.  A board member questioned the LID criteria related to impervious surface area. The board member stated there should be clarification for the definition of impervious. Staff is working with the City Attorney’s Office on the language.  A board member asked about the expected response on the new standards. Mr. Hamdan stated that since the updated criterion was adopted last year, there has been good response on the projects.  A board member asked about the current stormwater fee. Mr. Haukaas stated this is based on an impervious percentage and calculated on case by case basis. Discussion on the motion: A board member stated he does not normally approve of code updates requiring higher initial costs, but since the life-cycle costs will be reduced, he is in favor of the motion. Board Member Brunswig moved that the Water Board recommend approval by City Council of Ordinance “B” as attached, adopting the updated City of Fort Collins LID Policy and requiring LID Criteria to be incorporated into the City Code and the Stormwater Criteria Manual as appropriate, for all new development and redevelopment. Board Member Hans seconded the motion. Excerpt from Unapproved Water Board Minutes, November 15, 2012 A board member stated he would like staff to keep the option open related to “Fee in Lieu of Construction.” Vote on the motion: It passed unanimously. Excerpt from NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING WEDNESDAY OCTOBER 17, 2012 Low Impact Development (LID) Policy Basil Hamdan, Engineer in the Utilities’ Master Plan & Floodplain Administration Division, discussed the Stormwater Low Impact Development (LID) recommendations that would establish standards requiring a minimum amount of green infrastructure for new development/redevelopment.  The LID recommendations are one part of the Green Streets and Stormwater Site Development Initiative that combines four related projects: o Updating Streetscape/Landscape Standards o Updating street classifications o Creating Low Impact Development (LID) Standards. o Creating a Green Street demonstration project that tests the elements from the other three projects.  The Green Streets and Stormwater Site Development Initiative addresses: o Enhanced design standards for landscaping in medians and parkways o Alternative street designs to support active modes of travel such as bicycling and walking o Integrated systems of stormwater management o Aesthetic and functional enhancements  Best Management Processes are currently used to reduce the pollutant content of a stormwater discharge. The Low Impact Development (LID) policy would treat and control stormwater at its source, and before it hits storm sewers, therefore reducing the need for large structural Best Management Practices (BMP). o The goal of a LID is to mimic a site’s predevelopment hydrology for smaller storms by using design techniques that infiltrate, filter, store, evaporate, and detain runoff.  Council asked staff to prepare a LID policy based on a minimum of 50% treatment of stormwater runoff using LID technologies, combined with an incentive based for going beyond 50%.  Proposed LID criteria would be part of “Ordinance B” and apply to public projects and private development with: o Minimum of 50% of lot area to be treated by LID type device/technology (Bio-Swale/Bio-Cell, etc.) o Minimum 25% permeable for added paved areas like parking lots o Designed alternative (equal or better standard) o Incentive based approach for LID level beyond the minimum 50% (Fee reduction and ClimateWise) o Application example - water runs off street through plantings that can handle our climate and drought. DRAFT ATTACHMENT 4 Discussion  John Bartholow: Are these recommendations for new streets? (Yes, however there will not be many new streets coming. There are retrofit options when reconstruction activities like paving take place.)  Paul Nastu: What about making streets smaller? (It is not in the LID motion. We would change streets standards later.)  Harry Edwards: Is it appropriate for the NRAB to make recommendations to Larimer County? (Fort Collins’ street standards are within the Larimer County Standards.)  Paul Nastu: This would be a significant investment by developers. Would it apply to all developers? (The LID standards would not require them to go to the full extent. There would be minimums. This is only for new development. Any new development pays a stormwater impact fee at the time of development and then a monthly fee based on the amount of impervious surfaces it has. Using Low Impact Development techniques might reduce a house’s stormwater fee if they reduce runoff from their site.)  Joe Piesman: I am concerned there will be less visibility for bicyclists if you put more tall trees at intersections. (The LID standards will require a narrowed median and low shrubs at intersections for good line of sight.) John Bartholow moved and Harry Edwards seconded the following motion: The Natural Resources Advisory Board recommends adoption of “Ordinance B” by City Council, adopting the updated City of Fort Collins Low Impact Development policy, by amending the City Code and the Stormwater Criteria Manual as appropriate. Motion passed unanimously BE A GOOD STEWARD: Protect & Respect your Parks, Trails & Recreation Facilities Call Meeting to Order: Rob Cagen called the meeting to order 5:33pm Streetscape Standards & Guidelines Update – Pete Wray, Senior City Planner There are four related projects for the 2012 Streets & Stormwater Site Development Initiatives; that relate to the overall design of City streets. 1) LCUASS – Streetscape Design Standards & Guidelines update (to Council on December 18, 2012); 2) LCUASS – Street Classifications & Cross-section Design (2013); 3) Low Impact Development Standards (December 18, 2012); and 4) Street Demonstration Project (2014) Since the Streetscape Standards were first adopted in 2001, several factors led to the need for an update. The existing standards from 2001 are too general. There is no inclusion of hardscape design components. Over the years we have not seen a high level of design. There is no strategic targeting of investment and maintenance is not tied to the design. The purpose of the design update is to in design quality based on City Plan and the Transportation Master Plan vision and policy direction to have attractive streets that are recognized as world class. Staff has also received direction and City Management to “Raise the Bar” in overall design quality and maintenance for new standards. An interdepartmental staff team developed the new standards and this same team will continue to meet to coordinate future streetscape design and monitor completed projects to ensure successful outcomes. The updated document includes a map that identifies arterial streetscape types and levels of investment. The new standard for arterial medians reflects more variety of plant material selection and coverage with flexibility in choice of perennial-garden style and shrub-garden style design. Other design elements include wood mulch, river cobble, boulders, site features and low walls. An example of a recently competed project using the new standard is the median at Harmony and Lemay. For all streets, two turf grass types are allowed with parkway landscaping in addition to street trees including cool season turf grass and native warm season short grass. For local streets, an alternative to turf grass is allowed that includes low shrub and perennial plantings. Gateway intersections reflect the highest level of investment. Harmony and College is the most recent example of a gateway intersection incorporating these new standards. Applications for Low Impact Development are referenced in the updated document as well. As a characterization of the projected cost increment to implement the new streetscape standards in comparison to existing standards for installation and maintenance of new medians, the following costs are highlighted: Ex. Standard Cost: 1. Install: $23.00/Sq. Ft. ($184,000 per 1/8 Mile) 2. Maintenance: $.16/Sq. Ft. ($1,280 per 1/8 Mi.) New Standard Cost: 1. Install: $26.00/Sq. Ft. ($208,000 per 1/8 Mi.) 2. Maintenance: $.33/Sq. Ft. ($2,640 per 1/8 Mi.) 3. Annual Perennial replacement (Approx. $900) Two Parks Budget offers were recently funded for the 2013-2014 budget cycle including Offer 90.1 (Median Maintenance), and Offer 99.2 (Median Renovations). We would welcome a recommendation from the Parks & Recreation Board. PARKS AND RECREATION BOARD Minutes of Regular Meeting Wednesday, December 5, 2012 5:30 p.m. Council Liaison: Kelly Ohlson Staff Liaisons: J.R. Schnelzer, 970-221-6301 Craig Foreman, 970-221-6618 Bob Adams, 970-221-6354 Chair: Rob Cagen Phone: 970-689-7559 (home) / 970-482-3971 (work) ATTACHMENT 5 1 Discussion Board – What department is going to maintain these new medians? Staff – Parks will. They have been a part of the team. Board – What happens if five years from now no funding is available to maintain these medians? They will start to look bad and then what happens? Board – Were the new streetscape standards a part of the offers that were approved? Staff – Yes Board – Was there any type of survey data available from the citizens to find out if they found these new medians desirable? Staff – There’s been no citizen survey, but public support as part of the Plan Fort Collins process supported the vision and policy direction in City Plan and the Transportation Master Plan describing a higher level of design and maintenance for streetscapes. Board – If this is already funded are you going to Council to just say, “Here it is”? Staff – the updated document will be considered by Council for adoption. Over the past two years we have been working on further defining what “world-class design” looks like, as directed by City Management, so I believe we have support. Board – There are two pieces to this, the cost to create and then the long-term cost to maintain; cost which over time continues to escalate. With all the needs we have, is this something that is really needed? Staff – Yes, this is an important project and this update reflects the expectation to raise the bar. The new standards will result in an incremental increase in construction and maintenance costs. There are constants with the median design such as the trees and hardscape features and although there is a higher initial investment, the lifecycle cost to maintain the planting in the medians should go down over time. Board – I think this is money well spent. The improvements at College and Willox area are a great example that will have a big impact. Board – The concern is maintenance and replanting of medians has been difficult to fund during budget downturns. Staff – We will be monitoring and testing plants to see what does the best in these locations, and will be doing the best maintenance we can based on available resources. Board – Is the City funding retrofits? Staff – Yes, but we have a priority list and these will be phased in over time. There is not sufficient funding for current medians to be redone to meet the new standards, so it will be a long time before all the medians meet the design standard. Board – What about new development, will developers be responsible for the frontage of the project? Staff – Yes. Board – Since trees are a part of the new design standards has Forestry been involved? Staff – Yes, Tim is a team member giving input on plant adaptability. Board – Were trees included in the budget? Staff – Yes Board – Will there be irrigation designed to handle watering needs during a drought? Staff – As you know we have drip irrigation for the trees in parks for time of drought, and in some medians, so I’m sure we’ll have some system in place in the new median design. Board – When would implementation of the new standards take place? Staff – Some are already taking place, but officially it will be January 15, 2013. Board – Having no further discussion, do we have a motion? Board – I don’t have a motion, but I would say I support the new standards, as long as Council is made aware of the concern for continued funding for maintenance. Motion made by Dawn Theis on the Ordinance to Update Appendix C of the Larimer County Urban Area Street Standards Motion: The Parks & Recreation Board supports design guidelines that enhance and represent world-class community Streetscape Standards and Guidelines and encourage Council to take special consideration of the following:  Ongoing funding for proper maintenance after 2014.  Strategies to support local businesses during implementation.  Crisis management strategies during climate or budget challenges. Discussion: None Vote - 7:1 2 The Board Member with the dissenting opinion offered the following: While I heartily endorse having standards and upgrading the existing standards, I have concerns about the new standards that are proposed. These concerns fall into two areas. First, once initial construction has been completed, the ongoing annual maintenance costs are not inconsequential. An annual cost of $900 for every eighth of a mile just to replace dead plants will add up over time, and that does not include the per foot cost of maintenance of the live plants and beds in the mediums. Second, water is always going to be a concern to people living in Fort Collins; whether or not this coming year will be a drought year or not is irrelevant. Allocating a scarce resource to plants in mediums seems problematic and potentially objectionable to citizens faced with rationing. Before these standards are adopted, there should be some further study. Which streets are probably going to be brought up to the new standards? What will be the annual maintenance costs for the City once the new standards are implemented? In addition, have low water and/or no water options been thoroughly explored? 3 ORDINANCE NO. 151, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AN UPDATE TO APPENDIX C OF THE LARIMER COUNTY URBAN AREA STREET STANDARDS PERTAINING TO “STREETSCAPE STANDARDS” FOR THE CITY OF FORT COLLINS WHEREAS, the Streetscape Design Standards and Guidelines (“SDSG”) document was initially adopted in 2001 and was made a part of the Larimer County Urban Area Street Standards to be applied inside the City; and WHEREAS, the SDSG provides details for creating streets that are visually appealing as public spaces and that contribute to the City's distinct identity; and WHEREAS, City staff has prepared an update to the SDSG, now called the “Streetscape Standards” for the City, which increases requirements for landscaping in arterial medians and clarifies and updates information throughout the document; and WHEREAS, the City Council has determined that the amendments to the SDSG comport with the principles and policies contained in City Plan, and are in the best interests of the City and, accordingly, should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the update to Appendix C of the Larimer County Urban Area Street Standards pertaining to “Streetscape Standards ” for the City, dated December 12, 2012, a copy of which is attached hereto as Exhibit “A”, is hereby adopted for inclusion in the Larimer County Urban Area Street Standards. Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A Stre Decemb Long Ra 281 Nort Fort Col 970-221 fcgov.co For addi informat eetsca ber 12, 2012 nge Plannin th College llins, CO 80 -6376 om/plannin itional copi tion above ape St 2 ng Avenue 0524 ng ies, please . tanda download ards from our wwebsite, or contact us using the CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | i Acknowledgements City Council Karen Weitkunat, Mayor Kelly Ohlson, Mayor Pro Tem, Dist. 5 Ben Manvel, District 1 Lisa Poppaw, District 2 Aislinn Kottwitz, District 3 Wade Troxell, District 4 Gerry Horak, District 6 Planning & Zoning Board Gino Campana Jennifer Carpenter John Hatfield Kristin Kirkpatrick Brigitte Schmidt Andy Smith Butch Stockover Project Staff Team Pete Wray, Project Manager Clark Mapes, City Planner Bruce Hendee, Chief Sustainability Officer Sherry Albertson-Clark, Planning Manager (Interim) Kraig Bader, Standards Engineering Manager Tim Buchanan, City Forester Laurie D’Audney, Water Conservation Specialist Paul Eckman, Deputy City Attorney Basil Hamdan, Civil Engineer II Becca Henry, Graphic Designer Aaron Iverson, Senior Transportation Planner Dean Klingner, Civil Engineer III Sheri Langenberger, Development Review Manager Amy Lewin, Transportation Planner Steve Lukowski, Parks Supervisor Joe Olson, City Traffic Engineer Michelle Provaznik, Director of the Gardens on Spring Creek Rick Richter, Engineering and Capital Projects Manager Bill Whirty, Manager of Parks Ralph Zentz, Assistant City Forester Tom Knostman, Pavement Engineer Consultants Ripley Design, Inc. Daman Holland Page | ii CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | iii Table of Contents SECTION 1 Purpose and Intent ................. 1 SECTION 2 Applicability & Use ................. 3 SECTION 3 Project Plan Submittal and Review .......................... 5 3.1 STREETSCAPE PROJECT DESCRIPTION REQUIRED .................... 5 SECTION 4 All Streets ............................ 7 4.1 STREET TREES ........................... 7 4.2 PARKWAY LANDSCAPING – TURF -TYPE GRASS................................. 12 4.3 PARKWAY LANDSCAPING - ALTERNATIVES TO TURF-TYPE GRASS ... 13 4.4 SIGHT DISTANCE TRIANGLES AT INTERSECTIONS ......................... 14 4.5 LOW IMPACT DEVELOPMENT – STORMWATER MANAGEMENT ............. 15 SECTION 5 Arterial Streets .................... 19 5.1 ARTERIAL STREETSCAPES MAP ....... 20 5.2 ARTERIAL STREETSCAPE DESIGN: STANDARD ARTERIAL STREETSCAPES - MEDIANS ................ 22 5.3 ARTERIAL STREETSCAPE DESIGN: STANDARD ARTERIAL STREETSCAPES - PARKWAYS .............. 36 5.4 ARTERIAL STREETSCAPE DESIGN: ENHANCED TRAVEL CORRIDORS (ETC’S) ........................ 36 5.5 ARTERIAL STREETSCAPE DESIGN: OTHER SPECIAL PLANNING AREAS ....... 37 5.6 ARTERIAL STREETSCAPE DESIGN: CONSTRAINED CORRIDORS AND SEGMENTS ............................. 38 5.7 ARTERIAL STREETSCAPE DESIGN: GATEWAY INTERSECTIONS ..... 38 5.8 ARTERIAL STREETSCAPE DESIGN: COMMUNITY ENTRANCE GATEWAYS (I-25) ........................... 41 SECTION 6 Collector And Local Streets ..... 43 6.1 PARKWAY LANDSCAPING ............. 43 SECTION 7 Maintenance Standards .......... 47 7.1 TREE MAINTENANCE AND MANAGEMENT REQUIREMENTS ........... 47 7.2 MAINTENANCE RESPONSIBILITIES .... 47 7.3 ACCEPTANCE OF NEW ARTERIAL STREETSCAPE PROJECTS FOR CITY MAINTENANCE ........................ 48 7.4 GENERAL MAINTENANCE STANDARDS ................................. 49 Page | iv CITY OF FORT COLLINS STREETSCAPE STANDARDS SECTION 8 Irrigation Standards ............... 51 8.1 IRRIGATION SYSTEM DESIGN .......... 51 8.2 MATERIALS STANDARDS ............... 52 8.3 INSTALLATION PREPARATION ........ 55 8.4 INSTALLATION PROCEDURES ......... 55 8.5 TESTING ................................. 59 8.6 COMPLETION SERVICES ................ 60 8.7 GUARANTEE/WARRANTY AND REPLACEMENT ......................... 61 SECTION 9 Fine Grading And Soil Preparation Standards ............ 63 9.1 GENERAL STANDARDS ................. 63 9.2 SUBMITTALS ............................. 63 9.3 MATERIALS STANDARDS ............... 63 9.4 ROUGH GRADING OPERATIONS ....... 64 9.5 FINISH GRADING OPERATIONS ........ 64 SECTION 10 Grass Seeding Standards ......... 67 10.1 GRASS SEEDING ....................... 67 EXHIBIT A List of Recommended Plants .... 71 CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 1 SECTION 1 Purpose and Intent Based on the City of Fort Collins’ vision to create a vibrant, world class community, these standards set forth a coordinated approach to the design and management of streets as visually appealing public spaces that contribute to Fort Collins’ distinct identity. The term “streetscape” generally encompasses the visual and pedestrian environment of a street. These streetscape standards involve parameters for tree-lined streets and sidewalks, other landscaping along street edges, and landscaped medians in arterial streets. In addition to plantings, streetscapes may also encompass various urban design elements in certain settings. Examples include special curb treatments and median edges, low planter walls and landscape walls, railings, bollards, planter pots, stone features, public art, pylons, specialty lighting, signal and light pole treatments, specialty paving, transit stops and furnishings, and the like. Every streetscape project involves its own context and constraints. Still, there is a need for standards to set the bar for level of quality and investment. These standards provide a framework for programming, budgeting, designing, maintaining, and renovating various incremental projects as part of a whole approach. Exact details must then be adapted to fit and function with the unique context and constraints which exist in every project. The context and constraints include existing conditions that are expected to remain for the long term, and future change planned or envisioned by the City. Page | 2 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 3 SECTION 2 Applicability & Use These standards apply to all projects involving streetscapes in the City right- of-way including:  Private development projects.  City capital projects.  Any other miscellaneous maintenance and renovation projects and efforts. Private development and public capital projects may involve construction of new streets, and/or changes to existing streets. The standards are intended to be used by:  Staff, in the design and management of City streetscapes over time.  Landscape architects and designers.  Developers and decision makers in the development review process.  Property owners, where plans and activities involve streetscapes.  Citizens, City Councils, and staff, in discussions involving streetscape issues. Page | 4 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 5 SECTION 3 Project Plan Submittal and Review Streetscape projects that are part of development applications follow a standard City development review process, which will include collaboration with staff on streetscape design. City capital projects involving streetscapes are reviewed administratively by interested City departments in an internal process of collaboration and routing of plans. 3.1 STREETSCAPE PROJECT DESCRIPTION REQUIRED For streetscapes to be successful, it is important for City staff in multiple departments to have a clear understanding of the design intent, assumptions, and the needs for maintenance, monitoring, and replacements of plants or other components. A project description is needed to supplement technical project plans. The purpose is to prompt designers and staff to record the whole story of the streetscsape project. 3.1.1 Streetscape Project Description required. All streetscape projects involving landscaping and urban design elements shall include a Streetscape Project Description developed by City staff in collaboration with any project consultants, upon completion of design. The description shall:  Be concise and avoid technical jargon.  Include relevant commentary in addition to objective facts and information.  Describe the design intent, assumptions, and maintenance and renovations that will be needed over time to realize the design intent.  Note all aspects of the project from initial grading and soil preparation, to irrigation systems, to planting and establishment procedures, to management and maintenance.  Note outstanding issues that need to be monitored over time. Examples of topics to be addressed include: Page | 6 CITY OF FORT COLLINS STREETSCAPE STANDARDS  Plant species with a limited track record in streetscapes that warrant monitoring.  Mulches that need replenishing or clean-up.  Urban design features that may need touch ups, replacements, stocking of parts, or other maintenance and renovations.  Any other information useful for future understanding and management of the streetscape. 3.1.2 Project Statement File. Staff shall maintain Project Statements for streetscapes on file. CITY OF F SECTIO All S The follo street c where s planning alternat area. 4.1 STREET Rows of are the of conti Street tr multi-fu that:  Defin provi abut  Provi stree glare  Provi pede vehic  Provi signs winte FORT COLLIN ON 4 Street owing stand lassificatio pecific are g document tive standar T TREES street tree fundament nuity in cit rees can be unctional pu nes the stre iding a unif ting develo ides canopy ets and side e and summ ides a buffe estrians on cles in the ides space s, and for s er. S STREETSCA ts dards apply ns city-wid as have ap Page | 8 CITY OF FORT COLLINS STREETSCAPE STANDARDS 4.1.2 Species groupings within tree rows. To the extent reasonably feasible, street tree rows in landscape areas, whether inside or outside of the sidewalk, shall be in groupings of three, five, or more of a single species. The intent is to provide a degree of species diversity within a deliberate, repeating design pattern. Designers are encouraged to arrange changes in species to reflect roadway conditions, such as open stretches of roadway between access points, stretches approaching intersections and driveways, and/or changes in adjoining land use. Plan view illustration of street trees showing groupings. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 9 4.1.3 Street trees in sidewalk cutouts. If a project involves a new sidewalk that must be attached to the curb due to unique constraints or context, then the sidewalk width shall be wide enough to incorporate planting cutouts with tree grates to the maximum extent feasible.  To the maximum extent feasible, such sidewalks shall be 12-15 feet wide with cutouts at least 25 square feet at 30- to 50-foot spacing. Larger cutouts with more than 25 square feet are encouraged.  In all cases, trees in sidewalk cutouts shall be located at least 8 feet away from buildings and offset from building entrances.  If such an attached sidewalk has an abutting landscape area, then 8 feet shall be the minimum width in which canopy trees shall be provided in sidewalk cutouts.  The minimum area of any sidewalk cutouts shall be 16 square feet, using 4x4-foot tree grates. Larger cutouts with more than 16 square feet of area are encouraged, for example 4x6-foot or 4x9-foot tree grates, to support tree health. 8-foot sidewalk with 4’x4’ tree grates, where there is an abutting landscape area.  The soil surface in a sidewalk cutout shall be level with the bottom of the sidewalk slab. Trees shall then be planted with the top of the root ball 1-2 inches above the soil surface.  All tree grates shall be installed per manufacturer’s instructions. Frames shall be set in a true, flat plane to prevent rocking of the grate. The grate or a template shall be set in the frame before concrete is poured to ensure the final installation is square and flat.  Grates shall be of a pedestrian-safe ADA-compliant style with slot openings 3/8-inch or less.  A spacing interval up to 50 feet shall be permitted for street trees in grates where abutting commercial buildings face the street with no intervening vehicle use area between the street and the building. Page | 4.1.4 Tr sidewal preclud sidewal Where a curb and canopy s reasona an area the side This stan unusual planting Any such coordina owners. Examples 10 ree plantin lks where de parkway lk cutouts. a sidewalk i d is less tha shade trees bly feasible ranging fro ewalk at 30 ndard shall constraints g in a parkw h planting w ation with a of street trees ng outside existing co y tree plan . is attached an 8 feet in s shall, to t e, be estab om 3 to 7 fe to 40 foot l also apply s preclude way. will typical abutting pr outside of side of onstraints nting or to the n width, the extent blished in eet behind intervals. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 11 4.1.7 Spacing from driveways. No tree shall be planted closer than 8 feet from any driveway or alley. 4.1.8 Tree separation from utilities. Landscape and utility plans shall be coordinated. Following are the minimum dimension requirements for the most common tree/utility separations.  40 feet between canopy shade trees and streetlights. Fifteen (15) feet between ornamental trees and streetlights.  10 feet between trees and water or sewer lines.  4 feet between trees and gas lines.  4 feet between trees and underground electric lines shall be provided to the extent reasonably feasible. Exceptions to these requirements may occur where utilities are not located in their standard designated locations, as approved by the City Forester or the Director. Tree/utility separations shall not be used as a means of avoiding the planting of required street trees. 8’ min. D r i v e w a y 40’ min. Canopy Shade Trees 15’ min. Ornamental Trees Tree separations from streetlights and driveways. Page | 12 CITY OF FORT COLLINS STREETSCAPE STANDARDS 4.2 PARKWAY LANDSCAPING – TURF- TYPE GRASS Turf-type grass in parkways provides a multi-functional solution for landscaped edges along city streets of all classifications. Two main types of turf-type grasses may be used in Fort Collins streetscapes: cool-season turfgrasses, and warm-season native shortgrasses. Cool-season turfgrasses include improved varieties of Kentucky Bluegrass, Tall Fescue, Perennial Ryegrass, and Wheatgrasses. Warm- season native shortgrasses include improved varieties of Buffalograss and Blue Grama. Efficiently irrigated, mowed cool- season turfgrass provides a living green edge to city streets over a long growing season. The green edge, along with street trees, is a unifying element that helps define City streets as continuous spaces, in conjunction with street trees. Cool-season turfgrass can be a sustainable, functional landscape solution consistent with “xeriscape” and “water-wise” landscaping principles. These principles recognize cool-season turfgrass as an appropriate use of water in high visibility, multi- functional, high-use areas, and parkways typically fit that description. Cool-season turfgrass can be reasonably drought tolerant, depending on the species and improved variety. Problems resulting from periods of neglect are relatively easy to correct, and the turf rarely, if ever, needs replacement. Non-gardeners and typical commercial crews can readily maintain cool-season turfgrass. It naturally inhibits weeds, and mowing is an efficient way to control weeds that do occur. It works well in conjunction with street trees with tolerance for shading. In winter, dormant turf is easy to keep tidy and trash-free. It tolerates foot traffic better than any other living ground cover. Turfgrass parkways provide continuity and multiple functions. Blue Grama and Buffalograss have very low irrigation and mowing needs. They are active and green for a shorter season than cool-season turfgrasses, but have an attractive straw color CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 13 4.2.1 Requirements. Section 5 includes parkway landscaping standards for Arterial Streets. Section 6 includes parkway landscaping standards for Collector and Local Streets. 4.3 PARKWAY LANDSCAPING - ALTERNATIVES TO TURF-TYPE GRASS Mulched planting beds can be an acceptable alternative solution to turfgrass for parkway landscaping in some situations. This alternative typically requires less water than cool-season turfgrass. With appropriate plant selection and proper maintenance it can offer seasonal interest and add character. While maintenance needs can be less frequent than a cool-season turfgrass mowing regime, they can be more complex and occasionally more time- consuming as weeding, trimming, mulching and replacing materials are important to keep the plantings healthy and attractive. Mulched planting bed in the parkway limits water use and can provide visual interest. 4.3.1 Where Appropriate. Alternatives to irrigated turfgrass can be an appropriate choice for property owners abutting collector and local streets, depending on whether the parkway is governed by an approved Development Plan. Alternatives can also be appropriate for arterial street projects in special plan areas that have recommended alternatives. 4.3.2 Requirements. Section 5 includes parkway landscaping requirements for Arterial Streets. Section 6 includes parkway landscaping requirements for Collector and Local Streets. Page | 14 CITY OF FORT COLLINS STREETSCAPE STANDARDS 4.4 SIGHT DISTANCE TRIANGLES AT INTERSECTIONS Sight distance generally refers to the line of sight from a driver at an unsignalized intersection to approaching vehicles that the driver needs to see in order to safely enter traffic. 4.4.1 Requirements. A visual sight distance triangle, free of any structures or landscape elements shall be maintained at street intersections and driveways, as required in Figure 7-16 in the Larimer County Urban Area Street Standards. Deciduous trees may be permitted to encroach into the clearance triangle provided that the lowest leaves shall be at least six (6) feet from grade and are spaced so that they do not obstruct line of sight. Site Distance Triangle concept. Distance 1 Distance 2 (Depends on Speed) CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 15 4.5 LOW IMPACT DEVELOPMENT – STORMWATER MANAGEMENT In a “Low Impact Development” (LID) approach to streetscapes, landscaped parkways and medians are depressed rather than raised, to help manage stormwater runoff closer to the source. Depressed landscape areas are designed with special soil mixes, corresponding plantings, and other design techniques to infiltrate and filter runoff, instead of concentrating and conveying all runoff to centralized detention and treatment facilities. The City’s Stormwater Criteria Manual, which governs the management of stormwater in the city, describes design, plant selection, and maintenance techniques applicable to streetscapes. 4.5.1 LID encouraged. LID techniques and technologies are encouraged whenever the drainage patterns and the infrastructure allows for such measures to be used. 4.5.2 Low Impact Development streetscape projects. In any streetscape where a Low Impact Development approach is used, Streetscape Standards shall be adapted or modified as needed per the Stormwater Criteria Manual. Illustration of LID concepts in a parkway. Page | 16 CITY OF FORT COLLINS STREETSCAPE STANDARDS Illustration of LID concepts in a parkway. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 17 Illustration of LID median concept with street runoff directed to a depressed median with a flush band instead of curb and gutter. Illustration of LID median concept with street runoff directed to a depressed median with special curb and gutter inlets. Page | 18 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF F SECTIO Arte The city and exp combini transpor Besides and utili througho Plan is t public sp space, a impressi resident large ro and conv City of F Arterial the Dow resident in the Po Downtown Suburban FORT COLLIN ON 5 erial S y’s arterial ensive pub ng virtually rtation syst the functio ities, a per out the Cit the importa pace. As h arterials cre ions, are ex ts on a daily le in determ veying the Fort Collins streetscap wntown core tial areas, t oudre Rive n core. residential a S STREETSCA Street streets are lic infrastru y all utility tems of the onal needs rvasive them y’s Compre ance of stre high-visibilit eate first Page | 20 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.1 ARTERIAL STREETSCAPES MAP The Arterial Streetscapes Map recognizes differences between various arterials throughout the city. It indicates where a “Standard Arterial Streetscape” approach should apply, and where other corridor segments and gateway intersections warrant their own tailored approach to streetscape design and management. The map works in conjunction with design standards in the following chapters to guide investment in streetscapes throughout the city. The types of Arterial Streetscapes and Gateways are:  Standard Arterial Streetscapes.  Enhanced Travel Corridors.  Special Planning Areas.  Streetscapes constrained by Existing Development.  Gateway Intersections.  Community Entrance Gateways (at Interstate 25). CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 21 12.10.2012 Page | 22 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.2 ARTERIAL STREETSCAPE DESIGN: STANDARD ARTERIAL STREETSCAPES - MEDIANS The primary focus of “Standard Arterial Streetscapes” is on medians, including the medians in roundabouts. Median standards emphasize mixed plantings of perennials, grasses, shrubs, and tree groupings, with a mulched ground surface. The intent of these standards is to reflect Fort Collins’ western regional character with regionally-specific plants suited to the harsh roadway environment. Planting compositions must include:  Varied plant forms, textures, and foliage in addition to flowers.  Coordinated, repeating groupings of plants to form an overall pattern.  Accent groupings to add detail and variation within the overall pattern.  Related elements such as mulches and boulders. Illustration of standard arterial median landscaping approach. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 23 5.2.1 Median width measurements. All references to median widths are from face of curb to face of curb. 5.2.2 Median grading. The ground surface in landscaped medians shall be crowned with a high point in the center, with slopes not to exceed 7:1 or approximately 14 percent. This standard shall not apply where a median has a cross slope due to opposing traffic lanes and curbs having different elevations, such that a crown may not be feasible. 5.2.3 Median grading in roundabouts. The ground surface in center medians in roundabouts shall be crowned with slopes not to exceed 7:1 or approximately 14 percent. The intent of this standard is to increase the visual prominence of landscaping, and work in conjunction with planting and hardscape elements to achieve year- round screening of visibility across the roundabout to a height of at least 4 feet. 5.2.4 Median planting general approach. Tree groupings and mixed plantings of other plant types shall be established and maintained in medians. This standard shall not apply in the following situations:  Trees shall not be planted in medians less than seven feet wide.  Medians less than three feet wide shall be paved rather than planted. Page | 24 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.2.5 Median tree groupings:  Canopy shade trees, ornamental trees, and evergreen trees shall be planted in groups of three, five, or more to the extent reasonably feasible. Open intervals shall be provided between the groups.  Open intervals between tree groups shall constitute 30-60% of the length of a given median. These percentages are intended to convey a general proportion rather than a precisely measured formula.  Determination of the open intervals shall be based on the design intent and growth assumptions for trees over a given time frame.  Where median length allows, repetition of tree groupings is encouraged. 5.2.6 Tree separation from median edges. Separation of trees from concrete edges shall be provided by designers as needed based on assumptions for growth and pruning over a given time frame. The following minimum separations shall be provided for tree types as listed in Exhibit List of Recommended Plants: Large canopy trees – 2.5 feet. Ornamental trees – 1.5 feet. Large evergreen trees – 7 feet. Small evergreen trees – 5 feet. 5.2.7 Evergreen tree setbacks from face of curbs. Evergreen trees shall be set back from the face of curbs: Large evergreen trees – 9 feet. Small evergreen trees – 7 feet. 5.2.8 Staggered median tree groupings if space permits. Tree groupings shall be staggered rather than aligned in straight rows, where median width permits a stagger of at least 2 feet. Example plan view of a median showing tree groupings. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 25 5.2.9 Mixed plantings. Mixed plantings of perennials, ornamental grasses, shrubs, and shrubby trees shall be planted and maintained to cover at least 75% of the median area within 5 years, based on assumptions for growth and maintenance of plants by the designer.  Mixed plantings shall be composed of groups of at least 3 plants per group, with each group composed of a single species.  Mixed plantings shall be composed for understory conditions at tree groupings, and open conditions in intervals between tree groupings. Mixed planting in a newly planted median.  Mixed plantings shall be arranged in an informal pattern rather than formal rows or geometrically-shaped groupings. The informal pattern shall include coordinated, repeating groupings of plants in an overall composition, rather than random placement. Plantings shall be designed and maintained to span the full width of the median at maturity.  Mixed planting standards apply to all medians 3 feet wide or wider. Page | 26 CITY OF FORT COLLINS STREETSCAPE STANDARDS This – informal pattern, but with repeated groupings to create an overall order in the design pattern. Not This – formal, geometric pattern of massed plantings. While this kind of design pattern is not the “Standard Arterial Streetscape” approach, it may be appropriate for special planning areas. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 27 5.2.10 Mixed plantings – two options for intensity. Two options for mixed plantings shall be permitted:  Perennial Garden Style.  Shrub Garden Style. Perennial Garden Style: This option emphasizes the maximum degree of planting intensity, color, and variety, with perennials used for the full length of a median. This results in a higher number of different plant groupings and a higher total number of plants to achieve the required 75% plant coverage. Shrub Garden Style: This option allows the use of larger shrubs and shrubby trees to achieve the required 75% coverage with a lower number of different plant groupings and lower total number of plants. 5.2.11 Perennial Garden Style requirements. An average of at least 4 groupings of perennial or ornamental grasses, and 3 groupings of shrubs per 250 square feet shall be planted and maintained. Groupings shall be composed of single species with at least 3 plants. Illustration of Perennial Variety Style mixed planting, with open areas and tree groupings. Page | 28 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.2.12 Shrub Garden Style requirements. An average of at least 3 groupings of shrubs per 250 square feet shall be planted and maintained. Groupings shall be composed of single species with at least 3 plants. In open areas at the ends of medians at intersections, at least 4 perennial or ornamental grass groupings and 3 shrub groupings shall be planted and maintained, with emphasis on color and/or texture over a long growing season. Example of a mixed shrub planting with regionally adapted species (not a streetscape). 5.2.13 Decision on options. The option to be used in any project shall be approved by the Director based on consideration of the relative importance of a given median to community image, intensity of adjacent land uses, the width and length of the median, and City budget considerations. In general, the Perennial Garden Style is more appropriate in higher-activity, mixed- use areas. The Shrub Garden Style is generally more appropriate in residential and other lower-activity areas. Plan view illustrations comparing perennial variety concept (on the left) and shrub variety concept (on the right) . CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 29 5.2.14 Median noses and narrow ribbons ‐ planting. Median areas 3-7 feet wide shall be planted with low mixed planting under 30 inches in height. 5.2.15 Plants and mulches in conjunction. Plant groupings shall be designed in association with either cobble mulch or organic mulch. Plants selected to feature green leaves and flowers are generally complemented by organic mulch, while stone mulch can detract from their effects. Stone mulch can complement evergreens, other plants selected to feature distinct forms or textures, and xeric plants with grey- green foliage. When mulches are mixed, the patterns shall be in sweeping curves, and not rectangular blocks or strips along the edge. 5.2.16 Mulches. Organic mulch shall be used, either solely or in combination with stone mulch to add visual interest with a design pattern. Organic mulch shall be undyed shredded woody material. If a combination is used, the pattern shall be designed in conjunction with plant groupings, and the pattern shall span the full width of the median rather than dividing the median lengthwise into linear strips or lining the edge of the median. This - mulch pattern spans the median in a sweeping curve. Not this – mulch pattern in linear strips. This – mulch pattern in sweeping curves designed with the direction of travel in mind. Not this – mulch pattern in linear strips. Not this – mulch pattern in blocks. Stone mulch, if used, shall consist of 2- 4-inch stone combined with groupings of 4-12 inch or larger stone hand placed as accents for visual interest and to separate abutting organic and stone mulches. Larger stone shall be placed Page | 30 CITY OF FORT COLLINS STREETSCAPE STANDARDS first, to be embedded, mingled, and settled with the smaller stone rather than loosely dumped. Stone mulch placement example. 5.2.17 Boulders. Boulders may be used to structure and complement plant groupings. They shall be designed and placed in deliberate groupings in association with the planting and mulch design pattern, and any low walls or slopes. They shall be placed prior to planting and mulching, and slightly sunk into the ground, to be embedded and mingled with mulches and plantings. Permitted boulders shall be tan Masonville sandstone quarry blocks, rounded river boulders, or weathered moss rock boulders. Boulder selection shall be based on continuing an established theme, or establishing a theme where none exists. Tan Masonville sandstone quarry blocks. Rounded river boulders as part of a whole design approach to plantings and mulches. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 31 5.2.18 Median hardscape – edges and paving. Hardscape treatments depend on different median widths and different contexts throughout the city, and shall comply with the following requirements: A. In median areas that are at least 7 feet wide, a double curb edge shall be installed where a project includes 1) a new median, or 2) an existing median that lacks splash blocks or has splash blocks that warrant replacement. The purpose of this standard is to provide additional depth for planting areas, space for maintenance personnel, an additional correction barrier for vehicles leaving the roadway, and a visual design that complements the curb and gutter. Where a median tapers to less than 7 feet, the upper curb shall return across the median to enclose the upper landscape area. Double curb design. Illustration of double curb. The following exceptions to the double curb shall apply: 1) Sloped concrete splash blocks with integral tan tint and exposed aggregate finish shall be permitted in lieu of a double curb if a median project is located in a street segment or area of the city where existing splash blocks have a previously established theme and are expected to remain for a long term. Sloped splash block design. 6” 6” 6” 12” Tan-tinted concrete Standard curb and gutter 6” 6” 18” 6” 8” Page | 32 CITY OF FORT COLLINS STREETSCAPE STANDARDS Sloped splash block design: existing Standard Arterial Streetscape corridors throughout the city include extensive segments with existing sloped concrete splash blocks, per a former standard. 2) Where a median is less than 7 feet wide, the edge shall be a standard 6-inch curb with no double curb or splash block. B. Median areas under 3 feet wide shall be paved rather than planted. Paving shall be rectangular concrete or brick pavers set on a concrete base. The following exception to pavers shall apply: where existing tan exposed- aggregate concrete median paving establishes a prevailing theme, it shall be permitted for paving of medians under 3 feet wide. Tan exposed-aggregate concrete median paving. Rectangular pavers set in a herringbone pattern. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 33 Narrow median area 3-7 feet wide – mixed planting, no trees, standard curb. Median area 7 feet or wider – mixed planting and ornamental trees to provide a sense of pedestrian scale. Double curb continues to crosswalk. Narrow median area under 3 feet wide – pavers, standard curb. Page | 34 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.2.19 Roundabout planting and hardscape: Roundabout medians in Standard Arterial Streetscape areas shall be developed and maintained with tree groupings and mixed plantings in the Perennial Variety Style, with boulders and a mulched ground surface. Landscape walls may be included to reinforce the pattern and provide year-round structure for plantings. Apron paving and any special curbs shall be designed for visual interest with tinted, textured concrete, pavers, or similar material. Design of each individual roundabout shall be unique unless multiple roundabouts are related in a pair or group as part of a single traffic management project. Design elements include planting themes, plant species, apron paving, and other hardscape details. Plan view of roundabout components. Mixed planting, trees, mulches, boulders, and landscape walls in a coordinated pattern Specialty apron paving in a coordinated pattern CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 35 Illustrations of roundabout landscaping approach with mixed planting, boulders, mulch and hardscape patterns all designed in conjunction. Lower graphic shows the inclusion of landscape walls. Page | 36 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.3 ARTERIAL STREETSCAPE DESIGN: STANDARD ARTERIAL STREETSCAPES - PARKWAYS The City maintains most arterial street parkways, with exceptions in a limited number of situations where other arrangements are made with another entity. Turfgrass provides a range of benefits as a solution to arterial street parkways as described in Section 4. The benefits describe are relevant for all street classifications, but are particularly relevant for arterials which form a continuous city-wide framework of public space. 5.3.1 Irrigated Turfgrass. Parkways in Standard Arterial Streetscapes shall consist of irrigated turfgrass and street tree plantings as described in Chapter 4. Arterial street parkway. 5.4 ARTERIAL STREETSCAPE DESIGN: ENHANCED TRAVEL CORRIDORS (ETC’S) Standard Arterial Streetscape standards may or may not be adequate and appropriate for design and maintenance of these corridors, depending on unique circumstances in each ETC. These arterial corridors are intended to evolve as a framework that incorporates and supports high frequency transit with special emphasis on walkability and bicycling. 5.4.1 Tailored streetscape approach. For streetscape projects where previous ETC plans do not define a streetscape approach, the Standard Arterial Streetscape standards in Section 5.2 shall be considered as the minimum requirement for the level of quality and investment. Design and maintenance shall then be adapted to unique circumstances in each corridor as appropriate, based on study of and response to: 1. Guiding policies for ETC’s. 2. Established precedents in the corridor that are consistent with the vision and policies for ETC’s. Examples of permissible design variations include: 3. Planting patterns to reinforce the pattern of transit facilities. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 37 4. Hardscape elements – edge treatments, paving, planters, and the like, particularly where related to transit stops and shelters. 5. Urban design amenities in a coordinated program, particularly including paving, furnishings, and structures at transit stops and shelters. In all cases, design shall include repeating elements to create a theme for the corridor and avoid clutter of unrelated elements. 5.5 ARTERIAL STREETSCAPE DESIGN: OTHER SPECIAL PLANNING AREAS Special planning areas have subarea plans, corridor plans, or other planning documents that recognize their unique context and character. The level of specific direction for streetscapes varies among the plans. These areas warrant their own distinctive streetscapes with tailored design and maintenance characteristics, rather than the Standard Arterial Streetcape. 5.5.1 Tailored streetscape approach. For streetscape projects where plan documents are not definitive, the Standard Arterial Streetscape standards in Section 5.2 shall be considered as the minimum requirement for the level of quality and investment, and may be considered as a reference for design. Design and maintenance shall then be adapted by project designers and staff based on study of and response to the context and any established precedents that are consistent with the vision and policies for the area, and are thus expected to remain. Examples of permissible design variations on the Standard Arterial Streetscape include: 6. Distinct patterns of trees and other plant groupings. 7. Signature plant species. 8. Hardscape elements – edge treatments, paving, low planter walls or landscape walls, and the like. 9. Urban design amenities such as paving, street furnishings, and transit stop shelters or other themed structures in a coordinated program. In all cases, design shall include Page | 38 CITY OF FORT COLLINS STREETSCAPE STANDARDS 5.6 ARTERIAL STREETSCAPE DESIGN: CONSTRAINED CORRIDORS AND SEGMENTS These are arterial corridors and segments where the Standard Arterial Streetscape is not feasible due to physical constraints of existing development. Typically, both parkways and medians are constrained. Example of a constrained arterial (East Prospect). 5.6.1 Tailored streetscape approach. Streetscape projects in these areas shall incorporate aspects of a Standard Arterial Streetscape to the extent reasonably feasible. The allocation of available space and the compromises on each component of the street shall be determined on a project-by-project basis. The most important aspects to consider in the streetscape approach are safe sidewalks and street trees as described in Chapter 4. 5.7 ARTERIAL STREETSCAPE DESIGN: GATEWAY INTERSECTIONS These intersections are exceptional locations where the Standard Arterial Streetscape should be augmented with additional intensity of streetscape development in any capital projects. These locations warrant the highest level of investment for design, construction and maintenance. The intent is to highlight entryways into the city, and also edges of districts within the city. The locations consist of intersections, whether signalized or roundabouts, extending outward as appropriate to include medians associated with the intersection. 5.7.2 Components. Streetscape projects at gateway intersections shall be enhanced with a coordinated program of components including at least four of the following:  Plantings of annual flowers in beds or large pots.  Railings or low walls.  Bollards.  Pedestrian lighting/ other specialty lighting.  Columns, pylons or other urban design structures.  Signal or light pole treatments.  Color themes in repeated components.  Special paving. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 39  Sculpture or other public art in addition to the components listed above. Examples of enhanced gateway components – annual flowers, planter pots on plinths, railings, pedestrian lights, public art pylons, and tinted concrete paving. Example of a median approaching a gateway intersection incorporating themed railings mingled with plant groupings. Page | 40 CITY OF FORT COLLINS STREETSCAPE STANDARDS Illustrations of themed plantings, walls, median planters, and specialty paving as exampes of special treatments to mark an enhanced gateway signalized intersection (above) and gateway roundabout (below). CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 41 5.8 ARTERIAL STREETSCAPE DESIGN: COMMUNITY ENTRANCE GATEWAYS (I-25) Interstate 25 interchanges act as major community entrances, in conjunction with the arterial streets leading into Fort Collins from the interchanges. Future improvements to the interchanges are expected to include gateway design features to reinforce the community entrance role. Design and management of any such interchange improvements, and and arterial streetscapes near the interchanges, may present opportunities for coordination. For example, any interchange gateway features may be appropriate to extend westward along a segment of the arterial streetscape. If such features are not appropriate to be extended, they may still influence, or be influenced by, the character of the arterial streetscape. Example of enhanced gateway components at an I-25 Interchange, including stone walls and a themed planting design. Page | 42 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 43 SECTION 6 Collector and Local Streets 6.1 PARKWAY LANDSCAPING Streetscapes on collector and local streets typically consist of parkways only. The primary intent for parkway landscaping is to provide a setting for street trees, and work in conjunction with street trees for a number of purposes:  Define streets as the framework of public space within which individual properties fit.  Contribute to the attractiveness and visual interest of the street edge.  Mark the transition from public to private space.  Blend public interests in street infrastructure with interests of abutting property owners who are required to maintain these parkways by City Code. 6.1.1 Two approaches. Two main approaches to landscaping parkways are permitted in collector and local streets: turf-type grasses, and mulched planting beds. The pros and cons of each are discussed in Section 4. 6.1.2 New development landscape plans. Where a developer desires to offer non- turf grass options to homeowners, the landscape plan shall contain note and drawings specifying options for non-turf ground cover plantings, with consistent mulch and a recommended plant palette. 6.1.3 Approved development plans govern. For developments with approved landscape plans, the parkway landscaping must be in accordance with the plan. A Homeowners Association (HOA), or a property owner with approval from the HOA, may request a Minor Amendment to an approved plan for parkway landscaping. 6.1.4 Turf‐type grass. Turf-type grass shall be permitted, including both cool-season turfgrasses and warm-season native shortgrasses as discussed in Section 4. The choice of grass species and variety can make a major difference in water use needs, ease of establishment, survival of the grass, weeding, mowing, and renovation Page | 44 CITY OF FORT COLLINS STREETSCAPE STANDARDS 6.1.5 Mulched planting beds. Non-turf ground cover plantings shall be permitted, including mulched planting beds and ground cover plantings. With an understanding of plant selection and proper irrigation and maintenance, these plantings can provide seasonal interest with little water required. Property owners are encouraged to incorporate choices that provide a degree of congruence with neighboring properties in terms of mulches and character of plantings. 6.1.6 Requirements for non‐turf ground cover plantings: A. Landscaping shall be designed, installed and maintained so that at least 50% of the area shall be covered with live plant material within 3 years from installation. B. Plant materials shall be under 2 feet tall if within 5 feet of a driveway and under 3 feet tall in other areas. Owners are encouraged to select plants that maintain these height limits with little or no pruning. Combination of turf and planting beds in parkway areas. Mulched planting bed with a perennial garden in a parkway. Cool-season turfgrass parkway congruent among properties along the street, andalso congruent with adjoining landscaping. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 45 C. Plant materials must not obscure the line of sight for traffic or obstruct the sidewalk. Plantings of any height that obstruct the line of sight or cause safety concerns may be required to be kept trimmed to a lower height or removed so visibility is provided/maintained. D. No fences or thorny/prickly plant material are allowed. E. In mulched planting beds, the soil surface shall be 2-3 inches below the curb and sidewalk to allow for mulch to be contained. To avoid clutter, no additional timbers, concrete products, plastic or metal edging, or similar material shall be included. F. Exception: if edging is needed to keep turfgrass out of mulched areas, perpendicular to the street, such edging shall be flush or within 1 inch of the ground surface, so it is not a visible element. G. Plant materials and mulch must be kept off the street and sidewalk. H. Avoid cutting tree roots if converting an established turf parkway to a planting bed. Within a tree’s dripline, minimize grade change to protect the tree roots. This – organic mulch, healthy plants, and stepping stones if needed. Not this – gravel that is not congruent with any other portions of the streetscape, dead plants, weeds, concrete products, and exposed fabric prevent this parkway from contributing to the street as attractive public space. Page | 46 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 47 SECTION 7 Maintenance Standards The purpose of this Section is to ensure a consistent, high quality appearance for all streetscapes, whether maintained by the City, its agents, or by private developers, businesses, or individuals. Given the high visibility of city streetscapes, the public is able to observe maintenance practices in the field as well as the results of that maintenance. The public perception of a well-maintained landscape is promoted by practices which benefit the health of the landscape materials and achieve a neat, well-cared for appearance. Quality maintenance is a function of workmanship, funding, knowledge, and technique. These standards attempt to ensure that all streetscapes are cared for in a manner which reflects the high esteem that citizens have for these important public spaces. Generally, all landscaping shall be maintained in a healthy condition throughout the growing season. A neat and attractive appearance is essential. Irrigation systems, structures, and sidewalks shall be maintained to represent the original integrity of the design and installation. 7.1 TREE MAINTENANCE AND MANAGEMENT REQUIREMENTS 7.1.1 Separate standards document. A separate document, The City of Fort Collins Tree Management Standards and Best Management Practices, contains the City’s standards for planting and maintenance for all trees in the public rights-of-way and apply whether the work is performed for the City contractually, by the City, or by private entities or individuals. Exceptions to the standards and practices require written approval of the City Forester. 7.1.2 Permits for tree work. A permit must be obtained from the City Forester before any planting, pruning, removal, or destruction of any tree or shrub within the public right-of- way of any street or sidewalk. Businesses performing this work must be licensed by the City. No tree shall be cut back in such a manner that its health will be impaired or it creates an unsafe condition. An exception to this rule may Page | 48 CITY OF FORT COLLINS STREETSCAPE STANDARDS of the City Forestry Division to manage, maintain, and replace on all streets, regardless of who maintains the surface. B. Exception: some streetscape projects include a warranty period for establishment of newly planted trees in which the project is responsible. C. Medians in arterial streets shall be maintained by the City. Exception: some streetscape projects include a warranty period for establishment of median landscaping in which the project is responsible. D. Parkway landscaping on Collector and Local streets shall be maintained by the adjacent property owner in accordance with City Code. E. Parkway landscaping on arterial streets shall be the responsibility of the City if there is no individual, organization, or homeowners’ association that prefers to maintain them, or that can be fairly allocated the maintenance responsibility based on their unique benefit . F. The following four other different scenarios for planting and continuing maintenance are possible depending on circumstances: 1) The developer installs the landscape and the City takes responsibility for tree maintenance after a warranty period for full tree establishment during which time specific obligations are met. The surface (turfgrass, other plantings, mulches, irrigation) must continue to be maintained by the developer, homeowners’ association, or other responsible party. 2) The developer installs the landscape and after meeting obligations during the first two years, the City takes responsibility for both tree and surface maintenance. 3) The landscape is part of a Capital Improvements Project and a contractor does the landscape work. The City is responsible for tree maintenance and may or may not be responsible for surface maintenance. 4) Adopt A Median -- the City encourages homeowners’ associations, business groups, and other civic groups to take part in CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 49 the project that installed the streetscape. 7.4 GENERAL MAINTENANCE STANDARDS 7.4.1 Trash. Trash shall be removed on a regular basis. 7.4.2 Turf‐type grass. Cool-season turfgrasses shall be maintained at a 3-inch cut during the growing season. Trimming shall be concurrent with mowing, to match height of open turf, around mowing obstructions such as trees, curbs, and vacuum breakers. Turfgrass shall be edged concurrent with mowing when needed to prevent growth over edges. Visible clippings shall be removed from sidewalks and streets. Buffalograss and Blue grama shall be maintained at a maximum height of 12 inches. 7.4.3 Shrubs. Shrubs shall be pruned as needed to: 1) achieve the design intent; 2) remove dead or diseased branches; and 3) support plant health and vigor. Dead shrubs shall be removed and replaced immediately. Shrubs shall not extend over the curb or sidewalk. 7.4.4 Perennials. Perennials shall be deadheaded and trimmed throughout the growing season as appropriate for the design intent for each species. Depending upon design intent, perennials and ornamental grasses shall be cut back in late fall or early spring prior to new growth. Dead perennials shall be removed immediately and replaced per the design intent. 7.4.5 Annuals. Planting of annuals in the spring shall be in designated annual flower beds. Annuals shall be regularly deadheaded of spent blooms. Annuals shall be removed in the fall after the first hard freeze. 7.4.6 Mulch. Mulch shall be replenished as needed to maintain complete coverage of the soil surface with a depth of 2-4 inches, with careful placement and reduced depth as needed underneath plants to avoid burying leaves or tender stems. 7.4.7 Weeds. All landscaped areas shall be kept free of weeds and invasive grasses that are Page | 50 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 51 SECTION 8 Irrigation Standards Proper watering systems help achieve City goals and citizen expectations for public spaces. Irrigation of parkway and median plant material is necessary to maintain a quality appearance and long term health of streetscape plantings. It is the City’s intent to be a good steward of water resources consistent with “xeriscape” and “water-wise” principles related to social, environmental, and economic sustainability. All irrigation systems will be designed to meet the needs of each unique landscape by following best management practices and up-to-date technology. Without proper irrigation design and maintenance, good stewardship of the landscapes is not achievable. 8.1 IRRIGATION SYSTEM DESIGN 8.1.1 General design standards. Irrigation design and installation shall comply with the following general standards: A. Irrigation design shall be done by a certified irrigation designer unless otherwise approved by the Parks Department. B. Irrigation system design and installation shall be monitored, inspected, and approved by the City Parks Division. Irrigation systems shall be installed and maintained so that irrigation equipment will not spray onto any streets, walkways, or features and structures that could be damaged by water. C. The irrigation system must comply with the International Plumbing Code and with the City of Fort Collins Electrical Code. D. Any deviation in taps from the approved construction plans must be approved by City of Fort Collins Utilities prior to installation. Any water service line shall be coordinated with City of Fort Collins Utilities. E. Any deviation in layout of the irrigation system from the approved construction plans must be reviewed and approved by the City Page | 52 CITY OF FORT COLLINS STREETSCAPE STANDARDS I. All designs shall meet the industry’s Best Management Practices from the Irrigation Association and ALCC (Associate Landscape Contractors of Colorado). J. Newly installed irrigation systems shall be subject to water audits. K. The minimum distribution uniformity for spray heads shall be .55; for rotor heads it shall be .65; for stream rotors it shall be .75; and for impact heads it shall be .65. L. Design considerations shall include: 1) shrub and perennial beds are to be zoned separately from turf areas; 2) sloped areas will have separate zoning for heads at the higher elevations from those at the lower elevation; 3) areas with different exposures are to be zoned separately; and 4) In-head check valves are to be used for all areas adjacent to walkways and at the bottom of berms and pond areas. M. Xeric irrigation and drip systems come in a wide variety of configurations. The correct application shall be approved for each landscape design by the City Parks Department. N. Trees planted in non-turf irrigated landscape areas require short-term and long-term irrigation and should be on individual or separate zones. Supplemental emitters shall be installed on top and around the root ball for short term health. Perimeter irrigation of the root ball shall be installed for long term and permanent irrigation. O. The contractor shall install the saddle for the PVC or AC pipe. P. The backflow prevention device and water meter shall meet the City of Fort Collins standards, and the flow meter shall be Data Industrial. Q. A curb stop shall be installed between the meter pit and the backflow prevention device for isolation purposes. The curb stop shall be sleeved from the valve to grade and covered with a round valve box. R. A blowout tube no larger than ¼” shall be placed between the meter pit-curb stop and the back flow prevention device. The injection port on the blow out tube shall be CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 53 D. No laterals shall be smaller than 1-inch pipe. E. Trickle tubing shall be weather and UV resistant material. F. Polyethylene drip pipe shall be NSF approved, SDR pressure-rated pipe, only as approved for drip applications. G. Funny pipe shall be used only for pop-up spray heads, and shall be compatible with the elbows needed for the sprinkler heads. H. Lateral fittings shall be Schedule 40, Type 1, PVC solvent-weld, with ASTM Standards D2466 and D1784. I. Copper or cast bronze fittings, soldered or threaded per installation details shall be used for all copper pipe. J. Mainline fittings shall be ductile iron for 3-inch and larger pipe; and shall be PVC Schedule 80 for smaller pipe. K. Sleeving shall be ductile iron or PVC pipe under all paved surfaces. Sizes shall be a minimum of two sizes larger than the pipe being sleeved, but shall in no case be smaller than 2-inch diameter pipe. 8.2.2 Valves: A. Remote control zone valves shall be electrically operated, appropriate for the water supply, with manual bleed device and flow control stem. Valves shall have a slow- opening and slow-closing action for protection against surge pressure. Brand and model shall be Rainbird PE Series Remote Control Valves, scrubber option with self cleaning screen unless City specifies other brand and model. B. Valves used for two-wire system shall be properly grounded per manufacturers recommendation. C. Drip valves, bubbler valves, and micro-spray valves shall be accompanied by pressure-reducing devices matched with recommended filters to assure proper operation and reduced failure of such equipment. D. Isolation gate valves shall be Kennedy 1571X or Matco #100M, able to withstand a continuous operating pressure of 150 psi. Clear waterway shall be equal to full diameter of pipe. Shall be opened by turning square nut to Page | 54 CITY OF FORT COLLINS STREETSCAPE STANDARDS Box sizes shall be as specified to house one valve per box. 8.2.3 Control System: A. Controllers shall have smart controller technology and shall be approved by the Parks Department. The number of stations shall include two extra stations for possible future use. The controller box shall be weather tight and vandal resistant with locking exterior disconnect. One Eicon pigtail or compatible remote controller pigtail shall be used for each 12 stations. B. The Control System Enclosure shall be Hofman Model A242408LP with A24P24 steel panel, Model A-FK1208 floor stand kit and AL-2BR lock kit, or approved equal. C. The surge protection shall be an 8- foot copper grounding rod, #4 solid copper wire, grounding buss receptacle, ground terminal strip and Irritrol SPD-587 surge protector per manufacturer’s specifications and details. D. The master valve shall be normally opened. E. Control wiring shall be #14 solid copper direct burial UF or PE cable, UL approved, or larger, per system design and manufacturer's recommendations. F. Five-wire systems shall have a consistent color scheme throughout: Red = live; White = ground; Black, Blue and Green = extra. G. If two-wire systems are used, approved shielded wire or manufacturers recommended wire shall be used. H. Approved wire connectors and water-proofing sealant shall be used to join control wires to zone valve wires. The wire connectors shall be what each specific manufacturer recommends. Two- wire systems shall use manufacturers specified wire per warranty provisions. 8.2.4 Sprinkler heads. All sprinkler heads shall be of the same manufacturer as specified on the plans, marked with the manufacturer's name and model in such a way that materials can be identified without removal from the system. The City will specify CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 55 8.3 INSTALLATION PREPARATION 8.3.1 Utility locates. Locate all utilities prior to trenching and protect from damage. Required calls shall include, but are not limited to the following: City Parks Division, 221- 6660, for locates and 1-800-922-1987 for utility locates within the City of Fort Collins. Contact other utilities as required. 8.3.2 Preliminary inspection. The Contractor shall inspect tap and any existing irrigation system, as applicable, prior to work. 8.4 INSTALLATION PROCEDURES 8.4.1 Water service connections (taps): A. Forty-eight hours prior to connection, the contractor shall contact the City of Fort Collins Water Utilities, at 221-6700 to schedule the work for water taps and inspections. A minimum two weeks prior notice shall be given to the Water Meter Shop, 221-6759, for installations which will require meters and/or backflow devices larger than 2 inches. B. The contractor shall be responsible for excavation, connection to corporation stop at the water main, providing and installing the saddle for the PVC or A.C. pipe, making the connection to the existing water service, backfill and compaction, and pavement / shoulder / surface treatment replacement as needed. Soldered joints or fittings are permissible above grade or inside a vault. No solder, sealants, fluxes, pipe dope, and other materials shall contain any lead. All taps and installations are subject to approval and inspection by the City of Fort Collins Water Utilities. Install meter as specified in a precast vault. Inspection of service line (where appropriate), vault, water meter and backflow is to be coordinated with the City of Fort Collins Utilities. C. The contractor shall install a winterization assembly downstream of the meter vault a minimum of 6 feet away from the outside of the meter vault on the copper pipe. Page | 56 CITY OF FORT COLLINS STREETSCAPE STANDARDS C. Trench depths for mainlines shall be a minimum of 24 inches deep from top of pipe to finished grade. D. Trench depths for laterals shall be a minimum of 16 inches deep from top of pipe to finished grade. 8.4.3 Sleeving: A. Wires shall be in separate sleeves from pipe, and shall be 2-inch minimum size pipe. B. Sleeves shall have traceable marker tape on upper side and both ends for future locates. C. Sleeves shall be installed at a depth which permits the encased pipe or wiring to remain at the specified burial depth. D. Boring for sleeving shall not be permitted unless an obstruction in a pipe path cannot be moved, or pipe cannot be re-routed. E. Any mainline installed in existing sleeves at a greater depth than adjacent pipe shall have a manual drain valve at each end if the sleeve is longer than 20 feet, or at one end if the sleeve is less than 20 feet. F. Sleeves shall be installed so ends extend past edge of curb, gutter, sidewalk, bikepath or other obstruction, a minimum of 2 feet. G. Sleeves shall be marked with an “x” chiseled in walk (or other surface) directly over the sleeve location. H. Sleeves shall be laid to drain at minimum grade of 5 inches per 100 feet. I. Sleeves shall be bedded in 2 inches of fill sand and covered by 6 inches of fill sand. J. Sleeves installed for future use shall be capped at both ends. K. Sleeving shall not have joints unless necessary due to length of sleeving run. If joints are necessary, only solvent welded joints are allowed. L. Compaction of backfill for sleeves shall be 95% of Standard Proctor Density, ASTM D698-78. Use of water (puddling) around sleeves for compaction, is prohibited. 8.4.4 Pipe installation: A. Teflon tape shall be used on all threaded joints; only Schedule 80 pipe may be threaded. B. Reducing of pipe size shall be done with reducing insert couplings, at CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 57 before handling, and 24 hours before allowing water in the pipe. E. Backfill shall be free from rubbish, stones larger than two 2-inch diameter, frozen material and vegetative matter. Backfill shall not be placed in freezing weather. If backfill material is rocky, the pipe shall be bedded in 2 inches of fill sand covered by 6 inches of fill sand. F. After puddling or tamping, all trenches shall be left slightly mounded to allow for settling. G. Backfill shall be compacted to proper densities depending on whether the surface area over the line will be paved or landscaped. 8.4.5 Thrust blocks: A. Thrust blocks shall be installed where PVC mainline 2.5 inches or larger changes direction over 20 degrees. B. Thrust blocks shall consist of a minimum of one cubic foot of concrete. C. No concrete shall be allowed to remain on pipe joints. D. Wiring shall be placed away from thrust blocks to avoid contact with concrete. 8.4.6 Valve installation: A. Valves shall be installed at least 12 inches from, and aligned with, with adjacent walls or paved edges. B. Automatic Remote Valves shall be installed so that valves are accessible for repairs. Make electrical connections so as to allow pigtail so solenoids can be removed from the valve with 24 inches (minimum) slack to allow the ends to be pulled 12 inches above ground. The zone wire should be coiled. Flush completely before installing the valve. Thoroughly flush piping system under full head of water for three minutes through furthest valve, before installing heads. C. The top of the valve box shall be flush with the finish grade. D. The valve assembly shall include the ball valve and union per detail for ease of maintenance and repair. Valves shall be installed in valve boxes per details. E. Quick couple valves shall be installed in 10-inch round locking valve boxes. Valves shall be flush Page | 58 CITY OF FORT COLLINS STREETSCAPE STANDARDS all isolation valves; “DRGV” for all drip system isolation valves; “QC” for all quick coupling valves; “WA” for all winterization assemblies; “FM” for all flow meter assemblies; and “MV” for all master valve assemblies. Use a branding iron stamp with 3-inch high letters. H. Valve boxes shall NOT rest on mainlines. Brick or other non- compressible material shall be used per details. I. Valves shall be installed in boxes with adequate space to access valves with ease. Valves shall not be too deep to be accessible for repairs. A 3-inch depth of ¾-inch washed gravel shall be placed in the bottom of each valve box with enough space to fully turn valve for removal per detail. J. Six-inch valve boxes shall be limited to wire splices, drip end caps, and drains. 8.4.7 Head installation: A. Heads shall be set plumb and level with the finish grade. In sloped areas, heads shall be tilted as necessary to provide the full radius spray pattern. B. Lateral lines shall be flushed before installing heads. Thoroughly flush the piping system under a full head of water for three minutes through the furthest head, before installing the heads. Cap the risers if a delay of head installation occurs. C. Pop-up heads along walks and bikeways shall be bedded in a 6 inch layer of sand under the base of the head. Heads that border sidewalks and curbs shall be 1–1 ½ inches from the concrete. D. Nozzles appropriate for best performance shall be installed. E. Nozzles and radius of throw shall be adjusted to minimize overspray onto hard surfaces. 8.4.8 Electrical connections: A. New connections shall be approved through the City of Fort Collins Electric Utilities. Call 221-6700 to obtain power information and request connection. Actual connection to transformer or other power source will be done by the City of Fort Collins Electric Utilities. Work shall be coordinated and scheduled by calling 221-6700. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 59 B. All exposed wiring to and from the controller shall be encased in galvanized metal conduit. C. Exterior controllers to be installed on a 6-inch thick concrete pad. D. Controllers shall be installed per City direction and manufacturers specifications. Surge protection, grounding rods and other accessory components shall be included as specified. E. Wire markers shall be attached to the ends of control wires inside the controller unit. Label wires with the identification number of the remote control valve activated by the wire. 8.4.10 Wiring: A. Wiring shall comply with City of Fort Collins Electrical Code. B. The power source shall be brought to the controller via a ground fault receptacle installed within the controller casing. C. Control wires shall be strung as close as possible to the mainline, consistently along and slightly below one side of the pipe. D. A minimum loop of 24 inches shall be left at each valve and controller, and at each splice, at the ends of each sleeve, at 100-foot intervals along continuous runs of wiring, and changes of direction of 90 degrees or more. E. Band wires together at ten (10) foot intervals with pipe wrapping tape. F. Install common ground wire and one control wire for each remote control valve. Multiple valves on a single control wire are prohibited. Install three extra wires, as specified, to the furthest valve on the system and/or each branch of the system. 8.5 TESTING 8.5.1 Testing requirements: A. All tests shall be run in the presence of staff from the City Parks Division. Schedule all tests a minimum of forty-eight hours in advance. Repeat any failed tests until full acceptance is obtained. B. An operational test shall activate each remote control valve from the controller. C. The contractor shall replace, adjust or move heads and nozzles as Page | 60 CITY OF FORT COLLINS STREETSCAPE STANDARDS 8.6 COMPLETION SERVICES 8.6.1 Requirements upon completion of construction: A. When project construction is complete, the contractor shall request a punchlist inspection for construction acceptance from the City Parks Division. B. The system shall be demonstrated to staff from the City Parks Division. C. Product ordering information shall be provided to City Parks Division staff including model numbers, sizes and styles for all components. D. Electronic as-built drawings shall be provided. E. Two sets of as-built drawings shall be provided, showing the system as installed with each sheet clearly marked “As-built Drawings”, the name of the project, and all information clearly provided. F. The as-built drawings provided shall consist of one set of reproducible mylars, no larger than 24" x 36", and one set of all sheets reduced to 11" x 17", with each station color coded, and each sheet plastic laminated. G. A completed backflow test for the backflow prevention device shall be provided by a licensed backflow tester. H. All excess materials, tools, rubbish and debris shall be removed to leave a cleaned-up site. 8.6.2 Warranty and maintenance period: A. A two-year warranty and maintenance period provided by the contractor shall begin upon construction acceptance by the City Parks Division. B. The system shall be maintained in optimal working condition for the duration of the period between construction acceptance and final acceptance. Periodic adjustments shall be made to achieve the most effective and efficient application of water. 8.6.3 Final acceptance: A. The contractor shall schedule a final acceptance inspection by the City Parks Division at least thirty days before the end of the one-year maintenance period. CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 61 C. The yearly backflow test report on the backflow device shall be submitted to the City Parks Division. 8.7 GUARANTEE/WARRANTY AND REPLACEMENT 8.7.1 Requirements. For the period following construction acceptance notice by the City, and prior to final acceptance, all irrigation materials, equipment, workmanship and other appurtenances are to be guaranteed and warranted against defects. Settling of trenches or other depressions, damages to structures or landscaping caused by settling and other defects shall be corrected by the contractor at no cost to the City. Repairs shall be made within seven days of notification by the City Parks Division. The guarantee and warranty shall apply to all originally installed materials and equipment, and to replacements made during the guarantee/warranty period. Page | 62 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 63 SECTION 9 Fine Grading And Soil Preparation Standards 9.1 GENERAL STANDARDS Soil preparation is a crucial part of streetscape landscaping success. Individual projects may require specially tailored soil preparation, beyond the scope of these minimum standards, for sustainable health of specialized plantings. 9.1.1 Soil testing. Soils tests conducted by the CSU Soils Lab must be completed and submitted to the City for review; and recommendations in the lab reports shall be followed in all cases. Generally this will include soil amendment and fertilizer recommendations; and in some cases, complete replacement of topsoil may be required. 9.1.2 Topsoil required. If a landscape area is undisturbed, topsoil shall be stripped to a 6-inch depth, or to topsoil depth as determined by field inspection. Stockpile and re-spread stripped topsoil over landscape areas after rough grades are established. If the site has been disturbed, or sufficient topsoil is not available, topsoil shall be imported to achieve six 6-inch depth in all landscaped areas. 9.2 SUBMITTALS 9.2.1 Soil Amendments. Submit a representative sample and written confirmation from the supplier of soil amendment material composition including: percent organic matter, salts, nutrient composition and trademark. 9.2.2 Topsoil. Submit a representative sample and written confirmation from supplier of material composition including: percent organic matter, salts, and nutrient composition. 9.3 MATERIALS STANDARDS 9.3.1 Soil Amendment. Premium 3, by A-1 Organics, or an approved equal high quality composted material containing a minimum of 50% organic matter shall be required for all soil amendment. The mixture shall be free from clay subsoil, stones, lumps, Page | 64 CITY OF FORT COLLINS STREETSCAPE STANDARDS objectionable extraneous matter or debris. No stones or other materials over 2 inches in size shall be allowed. Topsoil shall contain no toxic materials and have an acidity in the range of pH 5.5 to pH 8.5. 9.3.3. Fertilizer. Triple superphosphate with a chemical analysis of 0-46-0 shall be incorporated into soil along with soil amendment. 9.4 ROUGH GRADING OPERATIONS 9.4.1 Utility locates. All utilities shall be located prior to trenching and shall be protected from damage. Required calls shall include, but are not limited to the following: 221-6660 for Parks Division locates and 1-800-922-1987 for utility locates. 9.4.2 Acceptance of rough grading by other contractors. The landscape contractor shall inspect and confirm that any rough grading from other contractors is per approved plans, and allows for 6-inch minimum depth of topsoil and specified soil amendments. 9.4.3 Clearing and grubbing. The contractor shall grub and remove unsuitable woody and rock material present in the surface grade. 9.4.4 Maintain drainage. The contractor shall take precautions to accommodate proper drainage and flow during and after grading and soil preparation. 9.4.5 Kill weeds. Apply herbicide to areas where noxious weed beds have been established and / or where seed mix is to be planted. Herbicide must be applied by certified contractors at the rate recommended by the manufacturer after proper notification has been done in accordance with the chemical applicator's standards. 9.4.6 Rip planting areas. Rip to 8-inch depth with agriculture subsoiler in all areas to receive plantings. Remove all objects greater than 2 inches in diameter. 9.5 FINISH GRADING OPERATIONS 9.5.1 Topsoil placement shall include the following procedures: A. Spread 6 inches of topsoil over the entire landscaped area and grade to smooth and even lines. Establish swales and drainage as required per CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 65 C. Trim finish grade elevations adjacent to paved areas to one inch below pavement finish grade. Page | 66 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 67 SECTION 10 Grass Seeding Standards 10.1 GRASS SEEDING 10.1.1 Seed Mixes. Seed mixes shall be approved by the City Parks Division based on the activity to take place, planned irrigation method and maintenance to be performed in the area being seeded. 10.1.2 Pre‐approved Dryland Mix. For temporary or permanent unmowed and non-irrigated areas, the following mix shall be permitted: 45% Blue Grama, 25% Buffalograss (treated), and 30% Little Bluestem. 10.1.3 Pre‐approved turfgrass mix. For irrigated, mowed areas, the following mixes shall be permitted: 1) a blend of five turf type dwarf Tall Fescues, or 2) a mix of Kentucky Bluegrass varieties and up to 15% Perennial Rye. 10.1.4 Submittals. Certificates showing State, Federal or other inspection showing source and origin shall be submitted. 10.1.5 Seed quality. Seed shall be of fresh, clean, new crop seed composed of the varieties approved by the City with tested minimum percentages of purity and germination clearly labeled on the package. All seed shall be at least 99.9% free of Poa annua and all weeds. 10.1.6 Mulch for seeded areas. Mulch depends on the slope of the seeded area as follows: A. For slopes 30% and less, native grass straw without weed seed and consisting of grasses as specified for the seeded application shall be used. B. For slopes 30% and greater: Hydromulch using Weyerhauser "Silva-Fiber" mulch or approved equal shall be used. The mulch shall not contain any substance which might inhibit germination or growth of grass seed. The mulch shall be dyed a green color to allow metering of its application. 10.1.7 Tackifier. Teratack III, or approved equal shall be used. 10.1.8 Netting. For slopes greater than 30%, Soil Saver Page | 68 CITY OF FORT COLLINS STREETSCAPE STANDARDS square foot of seeded area and rake lightly into top 1/8 inch of soil just prior to seeding operation. 10.1.10 Inspection. The contractor shall inspect finish grade and trim where needed to obtain finish grades of one inch below adjacent pavements. Verify positive drainage away from all structures. Verify or complete removal of rock and debris larger than one inch from all areas to be seeded. 10.1.11 Weather for seeding. Seed shall not be sown in windy weather or when ground is frozen or otherwise untillable. 10.1.12 Methods for seeding: A. A brillion type drill or hydraulic seeding methods may be used. Drill the seed in a manner such that after surface is raked and rolled, the seed has ¼-inch of cover. B. Hydraulic seeding shall be used in areas that are not accessible for machine methods. A hydraulic pump capable of being operated at 100 gallons per minute and at 100 pounds per square inch pressure shall be used. The equipment shall have an acceptable pressure gauge and a nozzle adaptable to hydraulic seeding requirements. Storage tanks shall have a means of agitation and a means of estimating the volume used or remaining in the tank. Do not seed and mulch in the same operation. 10.1.13 Seeding rates. The following rates of application shall apply: A. Dryland Mix – 12 pounds pure live seed per acre. B. Irrigated Mix – 9 pounds pure live seed per acre for the Tall Fescue blend, or 4 pounds pure live seed for the Kentucky Blue/Perennial Rye mix. 10.1.14 Mulching operations for native grass mulch. Mulch shall be applied at a rate of two 2 tons per acre within 24 hours after seeding. 10.1.15 Hydromulching operations. Wood cellulose fibers shall be evenly dispersed by agitatation in water. When sprayed uniformly on the soil surface, the fibers shall form a blotter- like ground cover that readily absorbs water and allows infiltration to the CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 69 10.1.16 Mulch netting operations. Mulched areas over 30% slope shall be stabilized with netting. If the contractor fails to net and subsequent soil erosion occurs, the contractor shall re-establish the finish grade, soil preparation, seed bed, and apply netting at no cost to the City. 10.1.17 Watering. Immediately after seeding and mulching, water the seeded area slightly to a depth of 2 inches, but with care so that no erosion takes place and no gullies are formed. Water lightly two times per day and keep the seeded area moist until turf is established. Sloped areas shall be hand watered until turf is established to prevent erosion. Water these areas more often but for shorter periods of time. 10.1.18 Clean up. All hydromulch and other mulch materials shall be removed from all plant materials, fences, concrete and other areas except for the seed bed. 10.1.19 Protection of seeded areas for establishment. The contractor shall provide and install barriers as required to protect seeded areas from pedestrian and vehicular damage. Signage shall be provided if needed. Page | 70 CITY OF FORT COLLINS STREETSCAPE STANDARDS CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 71 EXHIBIT A List of Recommended Plants The list below contains recommended plant species for streetscapes. This list will be monitored by staff as part of an ongoing program with periodic updates based on evaluation of success of plantings over time. Designers of individual streetscape projects may propose plants not on the list based on the design intent for the particular project. Page | 72 CITY OF FORT COLLINS STREETSCAPE STANDARDS List of Recommended Plants Last Amended 11.8.2012 Comments Key: Canopy Shade Trees Acer negundo - Boxelder ‘Sensation’ Catalpa speciosa - Northern Catalpa Tolerant of alkaline soils; holds a strong dominant leader; male tree so no boxelder bugs Celtis occidentalis - Northern Hackberry Gleditsia triacanthos v. inermis - Honeylocust ‘Imperial,’ ‘Shademaster’, ‘Skyline’ Wrap young trees Gymnocladus dioicus - Kentucky Coffeetree ‘Espresso’ Quercus buckleyi - Texas Red Oak Many seed sources, not predictably cold hardy Quercus macrocarpa - Bur Oak Slow growing Quercus muehlenbergii - Chinkapin Oak Quercus robur - English Oak, Skymaster Quercus shumardii - Shumard Oak From a northern source Tilia americana - American Linden ‘Boulevard’, ‘Frontyard’, ‘Legend’, ‘Sentry’ Do not use in along roads that are treated with deicing salts Tilia cordata - Littleleaf Linden ‘Chancellor’, ‘Dropmore’, ‘Greenspire’, ‘Norlin’, ‘Olympic’, ‘Prestige’, ‘Shamrock’ Do not use in along roads that are treated with deicing salts Tilia x euchlora - Redmond Linden Do not use in along roads that are treated with deicing salts Tilia x flavescens - Glenleven Linden Do not use in along roads that are treated with deicing salts Ulmus davidiana - David Elm Ulmus japonica x U. wilsoniana – Elm ‘Accolade’, ‘Triumph’ Use in smaller quantities Ornamental Trees Acer grandidentatum - Wasatch Maple Acer tataricum - Tatarian maple ‘Hot Wings’, ‘Pattern Perfect’ Crataegus crusgalli - Thornless Cockspur Hawthorn Malus sp. - Crabapple 'Adams', 'Profusion', 'Radiant', 'Spring Snow', 'Thunderchild' Spring Snow' has some limited fireblight problems. Pyrus calleryana - Flowering Pear 'Aristocrat', 'Capital', 'Chanticleer', 'Cleveland Select', 'Redspire' Quercus gambelli - Gambel Oak Quercus alba x robur – Oak ‘Crimson Spire’ Syringa reticulata - Japanese Tree Lilac 'Ivory Silk' CO native status as determined by USDA Plants Database ti t t CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 73 Comments Large Evergreen Trees Picea Pungens - Blue Spruce 'Fat Albert', 'Baby Blue Eyes' Sensitive to salt. Pinus nigra - Austrian Pine Only use in wide medians. Small Evergreen Trees Juniperus scopulorum - Rocky Mountain Juniper 'Cologreen', 'Moonglow', 'Wichita Blue' Juniperus monosperma - Oneseed Juniper Very low water use Picea pungens - Dwarf Blue Spruce 'Sester', 'Globosa', 'Montgomery' Pinus mugho - Mugo Pine 'Tannenbaum' Shrubby Trees/Large Shrubs Acer grandidentatum - Bigtooth Maple Quercus gambelli - Gambel Oak Cercocarpus ledifolius - Curlleaf Mountain-Mahogany Xanthoceras sorbifolia - Yellowhorn Rhus glabra, R. glabra cismontana - Smooth Sumac, Rocky Mountain Smooth Sumac Deciduous Shrubs Amelanchier alnifolia - Regent Serviceberry Amorpha canescens - Leadplant Deadhead Amorpha nana - Dwarf Leadplant Deadhead Aronia arbutifolia - Red Chokeberry Aronia melanocarpa - Chokeberry, Dwarf Iroquois Beauty Artemisia tridentata - Tall Western Sage Atriplex canescens - Fourwing Saltbush Caragana pygmaea - Pygmy Peashrub Caragana rosea - Rose Peashrub Ceratoides lanata - Winterfat Cercocarpus ledifolius - Curl Leaf Mountain Mahogany Can grow to be quite large with too much water Cercocarpus ledifolius intricatus - Little Leaf Mountain Mahogany Cercocarpus montanus - True Mountain Mahogany Chamaebatiaria millefolium - Fernbush Deadhead Chrysothamnus nauseosus nauseosus - Dwarf Blue Rabbitbrush Gets large with irrigation Page | 74 CITY OF FORT COLLINS STREETSCAPE STANDARDS Comments Chrysothamnus nauseosus albiculatus - Tall Blue Rabbitbrush Chrysothamnus nauseosus graveolens - Green Rabbitbrush Caryopteris incana - Blue Mist Spirea Shear back after blooming, prune out dead wood annually Caryopteris x clandonensis - Dark Knight Spirea Used on Harmony project Cotoneaster apiculatus - Cranberry Cotoneaster Cotoneaster horizontalis - Rock Cotoneaster Cytisus scoparius 'Burkwoodii' - Red Burkwoodii Broom Ephedra equisetina - Bluestem Joint Fir Ephedra viridis - Mormon Tea Euonymus alatus 'Compactus' - Dwarf Burning Bush Fallugia paradoxa - Apache Plume Ligustrum vulgare 'Lodense' - Lodense Privet Physocarpus monogynus - Mountain Ninebark Physocarpus opulifolius - Ninebark Potentilla fruticosa - Potentilla Potentilla fruticosa davurica 'Prairie Snow' - Prairie Snow Potentilla Potentilla fruticosa 'Yellow Gem' - Yellow Gem Potentilla Prunus besseyi 'Pawnee Buttes' - Creeping Western Sand Cherry Rhus aromatica'Gro-low' - Fragrant Dwarf Sumac Needs ample space Rhus glabra cismontana - Rocky Mountain Sumac Needs ample space Rhus trilobata 'Autumn Amber' - Creeping Three-leaf Sumac Ribes aureum - Golden Currant Ribes cereum - Wax Currant Rosa x var. - Shrub Rose Remove deadwood each spring, many will continue blooming if deadheaded. Spiraea nipponica - Snowmound Spirea Spiraea thunbergii - Mellow Yellow Spirea Spiraea x vanhouttei - Vanhoutte Spirea Symphoricarpos occidentalis - Snowberry Symphoricarpos orbiculatus - Red Coralberry Symphoricarpos x chenaultii - 'Hancock' Coralberry Syringa meyeri - Dwarf Korean Lilac Looks best when deadheaded after blooming Syringa patula 'Miss Kim' - Miss Kim Dwarf Lilac Looks best when deadheaded after blooming CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 75 Comments Evergreen Shrubs Juniperus chinensis - Chinese Juniper Juniperus communis - Common Juniper Juniperus horizontalis - Creeping Juniper Juniperus monosperma - Oneseed Juniper Juniperus scopulorum - Rocky Mountain Juniper Picea pungens - Globe Spruce Pinus mugo - Mugo Pine Evergreen (Broad-leafed) Arctostaphylos uva-ursi - Kinnikinnick Arctostaphylos x coloradoensis panchito - Panchito Manzanita Euonymus kiautschovicus - Manhattan Euonymus Yucca filamentosa - Adam's needle Yucca Yucca glauca - Soapweed Ornamental Grasses Boutelous gracilis - Blue Grama Grass Winter interest; cut back in spring Bouteloua gracilis - 'Blonde Ambition' Blue Grama Grass Deschampsia caespitosa - Tufted Hair Grass Festuca ovina glauca - Blue Fescue Pennisetum alopecuroides - Fountain Grass This acts more like an annual Schizachyrium scoparium - Little Bluestem Sorghastrum nutans - Indiangrass Perennials Achillea filipendulina 'Parker's Variety' - Tall Yellow Yarrow Deadhead Achillea 'Moonshine' - Moonshine Yarrow Deadhead Asclepias tuberosa - Butterfly Weed Agastache 'Coronado Red' - Coronado Red Hyssop Do not cut back until spring to promote overwintering Agastache cana 'Sonoran Sunset' - Sonoran Sunset Hyssop Do not cut back until spring to promote overwintering Agastache rupestris - Sunset Hyssop Do not cut back until spring to promote overwintering Artemisia frigida - Fringed Sage Artemisia schmidtiana - Silver Mound Sage Cut back in mid-summer when sprawls Page | 76 CITY OF FORT COLLINS STREETSCAPE STANDARDS Comments Artemisia versicolor - Sea Foam Sage Coreopsis verticillata 'Zagreb' - Coreopsis Grows well in rocky, well drained soil Echinacea purpurea - Purple Coneflower Deadhead, if too much irrigation, will get root fungus Echinacea purpurea 'White Swan' - White Coneflower Deadhead, if too much irrigation, will get root fungus Erigeron speciosus var. macranthus - Aspen Fleabane, Aspen Daisy Gailardia aristata - Native Blanket Flower Short lived Geranium cinereum - 'Ballerina' Cranesbill Geranium dalmaticum - Compact Rose Cranesbill Alpine and rock gardens, does not seed out Geranium endressii - 'Wargrave Pink' Pink Cranesbill Attractive to pollinators Geranium himalayense 'Plenum' - Birch Double Cranesbill Very showy Geranium x 'Johnson's Blue' - Blue Cranesbill Geranium sanguineum - Bloody Cranesbill Hemerocallis spp. - Daylily Deadhead, cut back in late fall Hesperaloe parviflora - Red False Yucca Needs good drainage, don't use bark mulch around crown, marginal hardiness Lavandula angustifolia - Lavender Shear back after bloom, can have winter dieback Liatris punctata - Gayfeather, Dotted Blazing Star Liatris spicata 'Floristan Violet' - Purple Gayfeather Linum flavum 'Compactum' - Yellow Flax Lychnis coronaria - Rose Compion Bennial, reseeds aggressively Oenothera macrocarpa - Missouri Primrose Self sows Penstemon pinifolius - Pineleaf Penstemon Shear back after bloom Penstemon strictus - Rocky Mountain Pentstemon Deadhead Persicaria affinis - Himalayan Border Jewel Rudbeckia fulgida 'Goldsturm' - Black-Eyed Susan Other varieties may live longer Salvia pachyphylla - Mojave Sage Marginal hardiness, needs excellent drainage Sedum 'Autumn Joy' - Stonecrop Groundcovers Alyssum montanum - Mountain Basket of Gold Callirhoe involucrata - Winecups Self sows. Cut back after first flush of blooms to promote new growth Ceratostigma plumbaginoides - Plumbago Can die out in winter Euonymus fortunei - Euonymus Invasive in some states Polygonum reynoutria - Fleeceflower Considered invasive in many states; plant where it can be contained CITY OF FORT COLLINS STREETSCAPE STANDARDS Page | 77 ORDINANCE NO. 152, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS AND THE FORT COLLINS STORMWATER CRITERIA MANUAL TO INCORPORATE PROVISIONS IMPLEMENTING LOW IMPACT DEVELOPMENT PRINCIPLES WHEREAS, on April 6, 2010, the City Council adopted on second reading Ordinance No. 030, 2010, amending Section 26-492 of the City Code so as to declare that the purpose of the City Stormwater Utility is to provide an integrated, sustainable stormwater management program that reflects the community’s values of protecting and restoring the City’s watersheds, including the Cache la Poudre River and its tributaries; and WHEREAS, one element of such an integrated, sustainable stormwater management program is the use of low impact development (“LID”) criteria to require and encourage more distributed and landscaping-based stormwater runoff management and control that relies mainly on filtration and infiltration to treat and manage stormwater runoff; and WHEREAS, staff has worked extensively in recent years to research and evaluate LID approaches and policies in other jurisdictions, as the basis for developing a recommended approach to be used in Fort Collins; and WHEREAS, based on staff’s research and review, staff has recommended that LID criteria be incorporated into the Fort Collins Stormwater Criteria Manual; and WHEREAS, in addition, staff has recommended that the use of LID techniques and technologies be recognized in the calculation of stormwater fees; and WHEREAS, the Water Board considered staff’s recommendations at its regular meeting on November 15, 2012, and voted unanimously to recommend that the Council adopt them; and WHEREAS, the Natural Resources Advisory Board considered staff’s recommendations at its regular meeting on November 26, 2012, and voted unanimously to recommend that the Council adopt them; and WHEREAS, the Council has determined that the adoption and implementation of the Ordinance will promote the purposes of the Stormwater Utility and advance the holistic and integrated management of stormwater in Fort Collins by implementing desired LID technologies and principles. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-512(1) of the City Code of the City of Fort Collins be amended to read as follows: Sec. 26-512. Stormwater plant investment fees established. There is hereby imposed on each and every lot or parcel of land within the City with respect to which any improvement creates an impervious surface covering more than three hundred fifty (350) square feet of the lot or parcel, and the owners thereof, a stormwater plant investment fee. The fee is deemed reasonable and necessary to pay for a new development's share of the existing equity in the capital stormwater facilities that have been installed for the protection of the health, safety and welfare of the inhabitants of the City. The stormwater plant investment fee established herein shall be determined using the base rate, the area of each parcel of land, and the runoff coefficient of the parcel. The Utilities Executive Director shall determine the stormwater plant investment fee that applies to each parcel of land as follows: (1) Runoff coefficient. The runoff coefficient of each parcel of land shall be that used in the engineering formula known as the rational method. The Utilities Executive Director shall determine the runoff coefficient for each parcel of land based on the following formula: Runoff coefficient = [(percent effective impervious area) x 0.95] + [(percent pervious area) x 0.20] + [(percent semipervious area) x 0.50)]. C = Percent Impervious Area x 0.95 + Percent Pervious Area x 0.20 + Percent Semipervious Area x 0.50 Impervious shall mean roof, asphalt, cement, etc. Pervious shall mean lawn, open space, etc. Semipervious shall mean gravel, etc. The following definitions shall apply for the purpose of such formula: a. Percent effective impervious area shall mean the percentage of the total parcel area determined to constitute the equivalent impervious area on a parcel as calculated for the one-hundred-year, two-hour Fort Collins Design Storm as defined in Volume 1, Chapter 4, of the Fort Collins Stormwater Criteria Manual. The determination shall be made using the procedures and methodology described in Volume 3, Sections 4 and 5 of the Stormwater Criteria Manual. b. Percent pervious area shall mean the percentage of the total parcel area that is pervious, such as lawn, open space or planted areas. c. Percent semipervious area shall mean the percentage of the total parcel area that is semipervious, such as gravel areas. Section 2 That Section (K) of the Fort Collins Stormwater Criteria Manual is hereby amended to add a new subsection (3) after subsection (2), to read as follows: -2- (3) A new Section 3.1 is added, to read as follows: 3.1 Low Impact Development Criteria Once the WQCV has been calculated in accordance with the specifications of Section 3.0 of this chapter, the total WQCV must be treated by one or more of the methods outlined in Volume 3, Chapter 4, Treatment BMPs. In addition, the Low Impact Development (LID) Criteria of this Section must be met. For the purposes of this Section, the LID methods and techniques described in Volume 3, Chapter 1, Section 4.1, Runoff Reduction Practices, together with any methods or techniques determined by the Executive Director to be functionally equivalent, shall be considered LID techniques for the purpose of this Section. (a) No less than fifty percent (50%) of any newly added impervious area must be treated using one or a combination of LID techniques. (b) In addition, no less than twenty five percent (25%) of any newly added pavement areas must be treated using a permeable pavement technology that is considered an LID technique. If, in the judgment of the Executive Director, one or more requirements of this Section cannot be met due to site engineering constraints, then a design alternative will be allowed, provided that the design results in equal or better stormwater quality than would compliance with the otherwise applicable requirement. Section 3. That all subsections of Section (K) of the Fort Collins Stormwater Criteria Manual after new subsection (3) be renumbered accordingly. Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4- DATE: December 18, 2012 STAFF: Rick Richter Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Resolution 2012-118 Approving Fee Agreements Between the City and Certain Property Owners in the Community Activity Center Adjacent to the Interchange at the Interstate 25 and State Highway 392. EXECUTIVE SUMMARY On November 6, 2012, the City Council adopted Ordinance No. 117, 2012, establishing a special fee to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. This ordinance included the option for the property owners to elect to enter into a settlement agreement with the City and the Town of Windsor as outlined in the attached draft agreements. The ordinance also required the property owners electing to enter into such agreement to notify the City Manager in writing of their desire to do so on or before November 30, 2012, and that the agreements need to be approved by the City Council on or before December 31, 2012. To date, the City has received written notice from all of the properties within the City’s jurisdiction electing to pay the fee pursuant to the terms and conditions of a written agreement with the City. This Resolution authorizes the Mayor to sign the agreements with the property owners. BACKGROUND / DISCUSSION City Council and the Windsor Town Board held five joint work sessions to discuss the I-25 and State Highway 392 Interchange Improvements, System Level Study (1601 Process), and design. The System Level Study for this interchange was approved by the CDOT Transportation Commission on January 21, 2009. This approval, along with a signed IGA, has allowed the Project to move into the final design and construction phases. The accelerated design process for this Project was completed in January 2010. The accelerated design process made this Project “shovel ready,” thereby enhancing the possibility of obtaining funding for construction. The design followed the intent of the guiding principles adopted by the City Council and the Town Board in August 2008, specifically the community character guiding principle that states: “The I-25/392 Interchange is an important ‘gateway’ feature for both Fort Collins and Windsor. It is viewed as Fort Collins’ southern gateway and the main gateway into the Town of Windsor. The design of the Interchange, sensitivity to view sheds and associated land development, shall enhance the gateway concept.” On November 6, 2012, the City Council adopted on Second Reading, Ordinance No. 117, 2012, establishing a special fee to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. On November 13, 2012, the Town Board of Windsor adopted a similar ordinance establishing a special fee to be paid by certain properties located east of the Interchange and within the Windsor town limits. This ordinance included the option for the property owners to elect to enter into a settlement agreement with the City and the Town of Windsor on the terms and conditions described in the ordinance. The ordinance also required the property owners electing to enter into an agreement to notify the City Manager in writing of their desire to do so on or before November 30, 2012, and that the agreements need to be approved by the City Council on or before December 31, 2012. To date, the City has received written notice from all of the properties within the City’s jurisdiction electing to pay the fee pursuant to the terms and conditions of a written agreement with the City. Adoption of Resolution No.2012-118 would authorize the Mayor to sign the settlement agreements. December 18, 2012 -2- ITEM 15 FINANCIAL / ECONOMIC IMPACTS The approval of Resolution No.2012-118 will allow the City to recover 50% of the amounts the City has appropriated for the construction of the I-25 Interchange and local improvements in the Interchange area. ENVIRONMENTAL IMPACTS In 2008 the Fort Collins City Council and the Windsor Town Board adopted Joint Principles by resolution; the environmental sustainability language below was part of those Principles. Environmental Sustainability/Resource Protection: Ensure that interchange improvements occur in such a way that it minimizes environmental impacts to the greatest extent possible and protects the physical and natural environment in and around the interchange including but not limited to the Fossil Creek Reservoir Area. Subsequently, the City of Fort Collins and Town of Windsor have jointly agreed that the Project will mitigate wetland impacts at a 3:1 ratio, this meaning that the estimated 0.4 acres of impacts from the Project will be mitigated with the creation of 1.2 acres of new wetlands. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. PUBLIC OUTREACH Staff of both municipalities held several stakeholder meetings most recently: April 21, 2011, August 10, 2011, October 27, 2011 as well as numerous individual meeting with stakeholder representatives. ATTACHMENTS 1. Vicinity Map [_ I-25 & 392 Interchange COUNTY ROAD 5 KECHTER 4TH MAIN MASON COUNTY ROAD 7 COUNTY ROAD 3 COUNTY ROAD 30 BOARDWALK BOYD LAKE 71ST 66TH COUNTY ROAD 36 COUNTY ROAD 9 COUNTY ROAD 13 FAIRGROUNDS COUNTY ROAD 11 COUNTY ROAD 11C TROUTMAN PRIVATE DRIVE COUNTY ROAD 34E 65TH TIMBERLINE COUNTY ROAD 30 COUNTY ROAD 3 COUNTY ROAD 30 S SHIELDS ST INTERSTATE 25 S COLLEGE AVE E TRILBY RD S COUNTY ROAD 5 E COUNTY ROAD 30 S LEMAY AVE S TIMBERLINE RD E HARMONY RD CARPENTER RD E COUNTY ROAD 32 KECHTER RD ZIEGLER RD W TRILBY RD E COUNTY ROAD 38 STATE HIGHWAY 392 W HARMONY RD MAIN ST STRAUSS CABIN RD S COUNTY ROAD 3F S COUNTY ROAD 7 S US HIGHWAY 287 S L EMAY AVE E COUNTY ROAD 32 ZIEGLER RD INTERSTATE 25 S TIMBERLINE RD Legend Fort Collins City Limits Growth Management Area E RESOLUTION 2012-118 APPROVING FEE AGREEMENTS BETWEEN THE CITY AND CERTAIN PROPERTY OWNERS IN THE COMMUNITY ACTIVITY CENTER ADJACENT TO THE INTERCHANGE AT INTERSTATE 25 AND STATE HIGHWAY 392 WHEREAS, by adoption of Ordinance No. 117, 2012, (the “Ordinance”) on November 6, 2012, the City Council has approved the imposition of a special fee (the “Fee”) to be paid by the owners of property within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392 (the “Interchange”); and WHEREAS, the purpose of the Fee is to help defray the costs incurred by the City in providing local funding for the Interchange reconstruction; and WHEREAS, Section 1(c)(1)a of the Ordinance, as amended by Ordinance No. 141, 2012, identifies the amounts to be paid by the owners of the properties within the City, or that may be annexed to the City, that are subject to the Fee; and WHEREAS, under Section 2 of the Ordinance, as amended, any property owner whose property is subject to the Fee has the option of paying the Fee by agreement, rather than under the Ordinance, as long as: (1) such agreement contains the terms and conditions specified in said Section 2; (2) the property owner notifies the City Manager in writing on or before November 30, 2012 of his or her intention to enter into the agreement; and (3) the agreement is approved by the City Council on or before December 31, 2012; and WHEREAS, City staff has prepared the form of two agreements that meet the requirements of Section 2 of the Ordinance, one for the owners of developed properties and the other for the owners of undeveloped properties; and WHEREAS, copies of those agreements are attached hereto as Exhibits “A” and “B” and incorporated herein by this reference (the “Agreements”); and WHEREAS, as of November 30, 2012, all of the property owners identified in Section 2 of the Ordinance had notified the City Manager in writing that they wish to enter into the Agreement; and Whereas, the names and amounts to be paid by each such property owner under the Agreement are shown on Exhibit “C,” attached hereto and incorporated herein by this reference; and WHEREAS, the City Council believes that it is in the best interests of the City to approve the execution of the proposed agreements between said property owners and the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Mayor is hereby authorized and directed to enter into agreements with the property owners shown on Exhibit “C,” for payment of the amounts specified on such exhibit. Section 2. That the agreements to be executed by the Mayor shall be in substantially the form shown on Exhibits “A” and “B,” with such modifications in form or substance as the City Manager may, in consultation with the City Attorney, determine to be necessary or advisable to protect the interests of the City and effectuate the purposes of this Resolution and the Ordinance. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of December A.D. 2012. Mayor ATTEST: City Clerk - 1 - AGREEMENT CONCERNING THE FUNDING OF A CERTAIN PORTION OF THE COST OF THE IMPROVEMENTS TO THE INTERSTATE 25/COLORADO STATE HIGHWAY 392 INTERCHANGE (UNDEVELOPED PROPERTY) THIS AGREEMENT is entered into this day of , 2012, by and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the “City”) and ________________________ (referred to hereinafter collectively as the “Property Owner”). RECITALS WHEREAS, on or about January 3, 2011, the City and the Town entered into an Intergovernmental Agreement (“the IGA”) concerning the funding and construction of improvements to the Interstate 25/State Highway 392 Interchange (“the Interchange”) and related enhancements (the “Local Enhancements”), collectively referred to herein as the “Improvements;” and WHEREAS, by adoption of Ordinance No. 118, 2012, the City Council later approved a First Amended Intergovernmental Agreement Pertaining to the Development of the Interstate 25/State Highway 392 Interchange (the “First Amended IGA”) restating and reaffirming those provisions of the Original IGA that the City and the Town desire to remain in full force and effect; and WHEREAS, in recognition of the special benefit that properties in close proximity to the Interchange will realize from the construction of the Improvements, including the increased capacity that the reconstruction and expansion of the Interchange will provide, the IGA states that a fee will be imposed by the City and the Town upon such property owners to recoup at least a portion of the funding that the City and the Town have contributed to make the Improvements possible (the “Local Share”); and WHEREAS, in recognition of the fact that the Windsor and Fort Collins communities as a whole will also benefit from the construction of the Improvements, the City and the Town have concluded that the amount of the fee to be assessed against said properties should be limited to fifty percent (50%) of the Local Share; and WHEREAS, the Property Owner is the owner of a parcel of undeveloped real property in the immediate vicinity of the Interchange; and WHEREAS, the City and the Property Owner have informally agreed on the amount and methodology for the assessment of the above-referenced fee, and by the terms of this Agreement desire to formally agree to same. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: EXHIBIT A - 2 - SECTION 1. DEFINITIONS In this Agreement, unless a different meaning clearly appears from the context, the following definitions shall apply: 1.1. “Agreement” means this Agreement and its attachments. 1.2. “City” means the City of Fort Collins, Colorado. 1.3. “Corridor Activity Center” or “CAC” means that area described on Exhibit “A,” attached hereto and incorporated herein by this reference. 1.4. “Development” shall have the meaning ascribed to that term in Section 5.1.2 of the City’s Land Use Code. 1.5. “Development Proposal” means any proposal to develop the Property under the applicable laws and regulations of the City or Larimer County. 1.6. “Effective Date” means January 1, 2013. 1.7. “Fee” means the fee to be paid by the Property Owner under the terms and conditions of this Agreement. 1.8. “Foster Study” means that document with attachments prepared by Foster Valuation, LLC, attached hereto as Exhibit “B” and incorporated herein by this reference. 1.9. “Interchange” means the Interstate 25 and State Highway 392 interchange. 1.10. “Interchange Improvements” means those improvements to the Interchange which constitute the Project. 1.11. “Improvements” means the Interchange Improvements and the Local Enhancements. 1.12. “Local Enhancements” means improvements to and near the Interchange that are being constructed and maintained by the Town and/or City and that are not part of the Project. 1.13. “Project” means the construction by CDOT of a new Interchange at Interstate Highway 25 and Colorado State Highway 392. 1.14. “Property” means that certain real property described on Exhibit “C,” attached hereto and incorporated herein. 1.15. “Redevelopment Proposal” means any application for the redevelopment of the Property. 1.16. “Town” means the Town of Windsor, Colorado. - 3 - SECTION 2. ASSESSMENT OF FEE 2.1 Assessment of Fee. The Property Owner agrees that there shall be a Fee assessed against the Property in the amount of $________ to help defray the costs of the Improvements, which amounts represents the Property Owners’ share of the cost of both the Interchange Improvements and the Local Enhancements. The Property Owner hereby acknowledges and agrees that the amount of the Fee is fair and reasonable in view of the special benefit that the Property will receive from the Improvements, and the increased amount of vehicular traffic that the future use of the Property will likely contribute to the Interchange. 2.2 Payment of Fee. The entire amount of the Fee shall be payable in full as a condition of the issuance of the first building permit for any improvements to be constructed pursuant to an approved Development proposal for the Property; provided, however, that in the event the approved development proposal and the subsequently issued building permit are for less than the entire Property, the amount of the Fee shall be proportionally reduced to reflect the amount of Property for which the building permit is issued, related to the entire Property. 2.3 Interest on assessed amount. Interest on the amount of the Fee shall begin to accrue on a compounded basis two (2) years after the Effective Date; provided, however, that there shall be no interest due in the event that the Fee is paid in full during the first two-year period. Once interest commences, it shall accrue at the rate of 2.35% per annum for a period of eight (8) years. Thereafter, interest shall accrue at the rate of 3.05% and shall continue at that rate until the Fee, plus all accrued interest, is paid in full. Once a year during each year of the term of this Agreement, the Property Owners shall have the right to prepay all or a portion of the Fee, including accrued interest thereon, by sending a written request to the City for a statement of accrued interest to date. 2.4 Notwithstanding any provision of this Agreement that may be construed to the contrary, in the event that the total amount of fee revenues paid to the City and the Town by or on behalf of the CAC Property Owners, either under the provisions of this Agreement or under the provisions of Ordinance No. _____, 2012 (the “Ordinance”), equals or exceeds the sum of Two Million Five Hundred Fifty Thousand Dollars ($2,550,000.00), plus interest accrued at the rate of 3.05% from the effective date of the Ordinance, all CAC Property Owners shall be relieved of any further obligation to make the payments to the City under this Agreement, notwithstanding the fact that all or a portion of the Fee may remain unpaid. SECTION 3. ONLY FEE TO BE ASSESSED It is understood and agreed that the City and Town shall, for a period of at least twenty-five (25) years from the Effective Date, assess no further fees or other charges upon the Property Owner related to the Improvements; provided, however, that nothing herein shall be deemed to preclude the City from charging development fees and costs generally applicable in the City and unrelated to the Improvements. In the event that this Section 3, or any part thereof, is held by a court of - 4 - competent jurisdiction to be illegal or otherwise unenforceable, then the Property Owner shall be entitled, during the term of this Agreement, to offset any and all amounts paid pursuant to the provisions of this Agreement against any new fee or other charge related to the Improvements. SECTION 4. NON-SIGNING PROPERTY OWNERS The City and the Property Owner acknowledge that there are a number of other property owners within the CAC who may choose not to sign this Agreement, although they have been afforded an opportunity to do so, and that the governing bodies of the City and Town have each enacted an ordinance within their respective jurisdictions imposing a separate fee upon such property owners for the purpose of recovering their fair share of the cost of the Improvements (the “Ordinance”). In the event that the City for any reason is unable to collect any portion of the fee imposed by the Ordinance upon such other property owners, that failure shall not increase the amount of the Fee due from the Property Owner under this Agreement, and the Property Owner shall not be liable to the City for any portion of the other property owners’ share of the cost of the Improvements. SECTION 5. WAIVER AND RELEASE In consideration of the concessions and compromises made by the City and reflected in this Agreement, the Property Owner, on its own behalf and on behalf of its officers, employees, agents, successors and assigns, hereby releases the City, its officers, employees, agents and assigns from, and waives, any and all present and future liability, claims, causes of action, losses, costs or expenses of any kind whatsoever arising from or in any way relating to the construction of the Improvements, including but not limited to the creation of the CAC benefit area, the findings of the Foster Study, the methodology used by the City to calculate the Fee, or the assessment of the Fee. SECTION 6. AGREEMENT NOT AFFECTED BY COLLATERAL LITIGATION The Property Owner has entered into this Agreement as an alternative to paying the fee imposed upon CAC Property Owners by the adoption of Ordinance No. 117, 2012 (the “Ordinance”), as permitted by the Ordinance. In the event that the fee imposed by the Ordinance becomes the subject of litigation, the parties agree that the outcome of that litigation shall not in any way affect the parties’ rights and obligations under this Agreement; provided, however, that this provision shall not be construed as preventing the parties from at any time amending the provisions of this Agreement in the manner provided in Section 7.1 below. SECTION 7. MISCELLANEOUS 7.1. Amendment. This Agreement is the entire and only agreement between the Parties regarding the assessment of fees for the Improvements. There are no promises, terms, conditions, or other obligations other than those contained in this Agreement. This Agreement may be amended only in writing signed by the City and the Property Owner. 7.2. Severability. Except as provided in this Agreement, if any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or otherwise unenforceable, - 5 - such illegality or unenforceability will not affect the validity of any other part, term, or provision of this Agreement and the rights of the Parties will be construed as if that part, term, or provision was never part of this Agreement. 7.3. Colorado Law. This Agreement is made and delivered within the State of Colorado, and the laws of the State of Colorado will govern its interpretation, validity, and enforceability. 7.4. Jurisdiction of Courts. Personal jurisdiction and venue for any civil action commenced by any of the Parties to this Agreement for actions arising out of or relating to this Agreement will be the District Court of Larimer County, Colorado. 7.5. Representatives and Notice. Any notice or communication required or permitted under the terms of this Agreement will be in writing and may be given to the Parties or their respective legal counsel by (a) hand delivery; (b) deemed delivered three business days after being deposited in the United States mail, with adequate postage prepaid, and sent via registered or certified mail with return receipt requested; or (c) deemed delivered one business day after being deposited with an overnight courier service of national reputation have a delivery area of Northern Colorado, with the delivery charges prepaid. The representatives will be: If to the City: City Manager 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80524 With a copy to City Attorney 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80524 If to the Property Owner: 7.6. Good Faith. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition or delay any approval, acceptance or extension of time required or requested pursuant to this Agreement. 7.7. Authorization. The Parties affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary action, notices, meetings, and hearings pursuant to any law required to authorize their execution of this Agreement have been made. 7.8. Execution in Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same agreement. - 6 - 7.9. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or right or cause of action whatsoever by any other person not included in this Agreement. It is the express intention of the Parties that no person and/or entity, other than the Parties, receiving services or benefits under this Agreement shall be deemed any more than an incidental beneficiary only. 7.10. Recordation of Agreement. The City shall record a copy of this Agreement in the office of the Clerk and Recorder of Larimer County, Colorado. 7.11. Execution of Other Documents. The Parties agree to execute any additional documents and to take any additional actions necessary to carry out the terms of this Agreement. CITY OF FORT COLLINS ________________________________ Mayor ATTEST: _________________________________ City Clerk PROPERTY OWNER By: ___________________________________ - 7 - Legal Description goes here - 1 - AGREEMENT CONCERNING THE FUNDING OF A CERTAIN PORTION OF THE COST OF THE IMPROVEMENTS TO THE INTERSTATE 25/COLORADO STATE HIGHWAY 392 INTERCHANGE (DEVELOPED PROPERTY) THIS AGREEMENT is entered into this day of , 2012, by and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the “City”) and ________________________ (referred to hereinafter collectively as the “Property Owner”). RECITALS WHEREAS, on or about January 3, 2011, the City and the Town entered into an Intergovernmental Agreement (“the IGA”) concerning the funding and construction of improvements to the Interstate 25/State Highway 392 Interchange (“the Interchange”) and related enhancements (the “Local Enhancements”), collectively referred to herein as the “Improvements;” and WHEREAS, by adoption of Ordinance No. 118, 2012, the City Council later approved a First Amended Intergovernmental Agreement Pertaining to the Development of the Interstate 25/State Highway 392 Interchange (the “First Amended IGA”) restating and reaffirming those provisions of the Original IGA that the City and the Town desire to remain in full force and effect; and WHEREAS, in recognition of the special benefit that properties in close proximity to the Interchange will realize from the construction of the Improvements, including the increased capacity that the reconstruction and expansion of the Interchange will provide, the IGA states that a fee will be imposed by the City and the Town upon such property owners to recoup at least a portion of the funding that the City and the Town have contributed to make the Improvements possible (the “Local Share”); and WHEREAS, in recognition of the fact that the Windsor and Fort Collins communities as a whole will also benefit from the construction of the Improvements, the City and the Town have concluded that the amount of the fee to be assessed against said properties should be limited to fifty percent (50%) of the Local Share; and WHEREAS, the Property Owner is the owner of a parcel of developed real property in the immediate vicinity of the Interchange; and WHEREAS, the City and the Property Owner have informally agreed on the amount and methodology for the assessment of the above-referenced fee, and by the terms of this Agreement desire to formally agree to same. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: EXHIBIT B - 2 - SECTION 1. DEFINITIONS In this Agreement, unless a different meaning clearly appears from the context, the following definitions shall apply: 1.1. “Agreement” means this Agreement and its attachments. 1.2. “City” means the City of Fort Collins, Colorado. 1.3. “Corridor Activity Center” or “CAC” means that area described on Exhibit “A,” attached hereto and incorporated herein by this reference. 1.4. “Effective Date” means January 1, 2013. 1.5. “Fee” means the fee to be paid by the Property Owner under the terms and conditions of this Agreement. 1.6. “Foster Study” means that document with attachments prepared by Foster Valuation, LLC, attached hereto as Exhibit “B” and incorporated herein by this reference. 1.7. “Interchange” means the Interstate 25 and State Highway 392 interchange. 1.8. “Interchange Improvements” means those improvements to the Interchange which constitute the Project. 1.9. “Improvements” means the Interchange Improvements and the Local Enhancements. 1.10. “Local Enhancements” means improvements to and near the Interchange that are being constructed and maintained by the Town and/or City and that are not part of the Project. 1.11. “Project” means the construction by CDOT of a new Interchange at Interstate Highway 25 and Colorado State Highway 392. 1.12. “Property” means that certain real property described on Exhibit “C,” attached hereto and incorporated herein. 1.13. “Redevelopment” shall have the meaning ascribed to that term in Section 5.1.2 of the City’s Land Use Code. 1.14. “Redevelopment Proposal” means any application for the redevelopment of the Property. 1.15. “Town” means the Town of Windsor, Colorado. SECTION 2. ASSESSMENT OF FEE 2.1 Assessment of Fee. The Property Owner agrees that there shall be a Fee assessed against the Property in the amount of $____________ to help defray the costs of Improvements, which amount represents the Property Owner’s share of the cost of both the Interchange Improvements and the Local Enhancements. The Property Owner hereby acknowledges - 3 - and agrees that the amount of the Fee is fair and reasonable in view of the special benefit that the Property will receive from the Improvements, and the increased amount of vehicular traffic that the use of the Property will likely contribute to the Interchange. 2.2 Payment of Fee. The entire amount of the Fee shall be payable as a condition of the issuance of the first building permit for any improvements to be constructed pursuant to an approved Redevelopment Proposal for the Property, but only if the amount of traffic that will be generated by the Property, as redeveloped under such Redevelopment Proposal, will increase by at least thirty-five percent (35%) the current volume of traffic on Property as of the Effective Date. In order that the projected increase in traffic generation under the Redevelopment Proposal may be determined for the purpose of this provision, the Redevelopment Proposal shall include a traffic study if deemed necessary by the Traffic Engineer of the City. 2.3 Interest on assessed amount. Interest on the amount of the Fee shall begin to accrue on a compounded basis two (2) years after the Effective Date; provided, however, that there shall be no interest due in the event that the Fee is paid in full during the first two-year period. Once interest commences, it shall accrue at the rate of 2.35% per annum for a period of eight (8) years. Thereafter, interest shall accrue at the rate of 3.05% and shall continue at that rate until the Fee, plus all accrued interest, is paid in full. Once a year during each year of the term of this Agreement, the Property Owners shall have the right to prepay all or a portion of the Fee, including accrued interest thereon, by sending a written request to the City for a statement of accrued interest to date.’ 2.4 Notwithstanding any provision of this Agreement that may be construed to the contrary, in the event that the total amount of fee revenues paid to the City and the Town by or on behalf of the CAC Property Owners, either under the provisions of this Agreement or under the provisions of Ordinance No. ___, 2012 (the “Ordinance”), equals or exceeds the sum of Two Million Five Hundred Fifty Thousand Dollars ($2,550,000.00), plus interest accrued at the rate of 3.05% from the effective date of the Ordinance, all CAC Property Owners shall be relieved of any further obligation to make payments to the City under this Agreement, notwithstanding the fact that all or a portion of the Fee may remain unpaid. SECTION 3. ONLY FEE TO BE ASSESSED It is understood and agreed that the City and Town shall, for a period of at least twenty-five (25) years from the Effective Date, assess no further fees or other charges upon the Property Owner related to the Improvements; provided, however, that nothing herein shall be deemed to preclude the City from charging development fees and costs generally applicable in the City and unrelated to the Improvements. In the event that this Section 3, or any part thereof, is held by a court of competent jurisdiction to be illegal or otherwise unenforceable, then the Property Owner shall be entitled, during the term of this Agreement, to offset any and all amounts paid pursuant to the provisions of this Agreement against any new fee or other charge related to the Improvements. - 4 - SECTION 4. NON-SIGNING PROPERTY OWNERS The City and the Property Owner acknowledge that there are a number of other property owners within the CAC who may choose not to sign this Agreement, although they have been afforded an opportunity to do so, and that the governing bodies of the City and Town have each enacted an ordinance within their respective jurisdictions imposing a separate fee upon such property owners for the purpose of recovering their fair share of the cost of the Improvements (the “Ordinance”). In the event that the City for any reason is unable to collect any portion of the fee imposed by the Ordinance upon such other property owners, that failure shall not increase the amount of the Fee due from the Property Owner under this Agreement, and the Property Owner shall not be liable to the City for any portion of the other property owners’ share of the cost of the Improvements. SECTION 5. WAIVER AND RELEASE In consideration of the concessions and compromises made by the City and reflected in this Agreement, the Property Owner, on its own behalf and on behalf of its officers, employees, agents, successors and assigns, hereby releases the City, its officers, employees, agents and assigns from, and waives, any and all present and future liability, claims, causes of action, losses, costs or expenses of any kind whatsoever arising from or in any way relating to the construction of the Improvements, including but not limited to the creation of the CAC benefit area, the findings of the Foster Study, the methodology used by the City to calculate the Fee, or the assessment of the Fee. SECTION 6. AGREEMENT NOT AFFECTED BY COLLATERAL LITIGATION The Property Owner has entered into this Agreement as an alternative to paying the fee imposed upon CAC Property Owners by the adoption of Ordinance No. 117, 2012 (the “Ordinance”), as permitted by the Ordinance. In the event that the fee imposed by the Ordinance becomes the subject of litigation, the outcome of that litigation shall not in any way affect the parties’ rights and obligations under this Agreement; provided, however, that this provision shall not be construed as preventing the parties from at any time amending the provisions of this Agreement in the manner provided in Section 7.1 below. SECTION 7. MISCELLANEOUS 7.1. Amendment. This Agreement is the entire and only agreement between the Parties regarding the assessment of fees for the Improvements. There are no promises, terms, conditions, or other obligations other than those contained in this Agreement. This Agreement may be amended only in writing signed by the City and the Property Owner. 7.2. Severability. Except as provided in this Agreement, if any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, term, or provision of this Agreement, and the rights of the Parties will be construed as if that part, term, or provision was never part of this Agreement. - 5 - 7.3. Colorado Law. This Agreement is made and delivered within the State of Colorado, and the laws of the State of Colorado will govern its interpretation, validity, and enforceability. 7.4. Jurisdiction of Courts. Personal jurisdiction and venue for any civil action commenced by any of the Parties to this Agreement for actions arising out of or relating to this Agreement will be the District Court of Larimer County, Colorado. 7.5. Representatives and Notice. Any notice or communication required or permitted under the terms of this Agreement will be in writing and may be given to the Parties or their respective legal counsel by (a) hand delivery; (b) deemed delivered three business days after being deposited in the United States mail, with adequate postage prepaid, and sent via registered or certified mail with return receipt requested; or (c) deemed delivered one business day after being deposited with an overnight courier service of national reputation have a delivery area of Northern Colorado, with the delivery charges prepaid. The representatives will be: If to the City: City Manager 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80524 With a copy to City Attorney 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80524 If to the Property Owner: 7.6. Good Faith. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition or delay any approval, acceptance or extension of time required or requested pursuant to this Agreement. 7.7. Authorization. The Parties affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary action, notices, meetings, and hearings pursuant to any law required to authorize their execution of this Agreement have been made. 7.8. Execution in Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same agreement. 7.9. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the Parties and nothing in this Agreement shall give or allow - 6 - any claim or right or cause of action whatsoever by any other person not included in this Agreement. It is the express intention of the Parties that no person and/or entity, other than the Parties, receiving services or benefits under this Agreement shall be deemed any more than an incidental beneficiary only. 7.10. Recordation of Agreement. The City shall record a copy of this Agreement in the office of the Clerk and Recorder of Larimer County, Colorado. 7.11. Execution of Other Documents. The Parties agree to execute any additional documents and to take any additional actions necessary to carry out the terms of this Agreement. CITY OF FORT COLLINS ________________________________ Mayor ATTEST: _________________________________ City Clerk PROPERTY OWNER By: ___________________________________ - 7 - Legal Description goes here GROSS DEVELOPABLE TOTAL TOTAL LAND AREA LAND AREA FEE/SF FEE ZONE A 86150-00-007 INTERSTATE LAND HOLDINGS, LLC 645,519 297,910 $0.28 $82,961 86220-00-014 VPD392/PRATO, LLC 186,550 186,550 $0.28 $51,950 ZONE B 86222-47-701&2 LODGEPOLE INVESTMENTS, LLC 578,912 578,912 $0.21 $120,910 ZONE B - 1 86150-00-009 B3 VENTURES LLC 407,722 336,499 $0.21 $70,280 ZONE C 86150-00-005 FOSSIL POINT, LLC 1,026,879 955,151 $0.12 $110,828 86150-00-013 BURNETTE/YOUNG INVESTMENTS 939,698 587,429 $0.12 $68,160 86220-00-014 VPD392/PRATO, LLC 1,041,071 596,500 $0.12 $69,213 86222-47-701 LODGEPOLE INVESTMENTS, LLC 244,668 81,404 $0.12 $9,445 86222-47-702 LODGEPOLE INVESTMENTS, LLC 903,159 681,468 $0.12 $79,072 86220-00-017 VAN CLEAVE, TERRY/MARY 1,690,254 1,558,217 $0.12 $180,802 Larimer County Parcel # OWNER EXHIBIT C DATE: December 18, 2012 STAFF: Mike Beckstead John Voss AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Resolution 2012-119 Adopting an Updated City Investment Policy. EXECUTIVE SUMMARY The purpose of the Interagency Loan Program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate or return for the City. The 2012 Updated Investment Policy includes the following significant changes: 1. A Purpose Statement was added to the Inter-agency Loan Program 2. The name changed from Inter-fund Borrowing Program to Inter-agency Loan Program 3. The loan must be evidenced by a promissory note 4. The interest rate is the higher of Municipal Bonds or Treasury Bill rate plus 0.5% 5. A nexus is not required for utility funds 6. Approval from oversight board is required 7. Maximum loan term is 25 years 8. Restrictions on total loans made to Governmental and Enterprise funds. BACKGROUND / DISCUSSION The Inter-fund Borrowing Program was originally adopted in 2008 by Resolution 2008-121. FINANCIAL / ECONOMIC IMPACTS The updated policy will address guideline changes for how the City address the financing needs of related entities that are supported by the City but do not possess the financial strength of the City of Fort Collins. In challenging financial markets, the Inter-agency Loan Program may also enhance the yield the City earns on its investment portfolio. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The City Council Audit and Finance Committee reviewed this policy on October 15, 2012. ATTACHMENTS 1. Council Finance Committee meeting minutes from October 15, 2012 RESOLUTION 2012-119 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AN UPDATED CITY INVESTMENT POLICY WHEREAS, Article V, Section 12, of the City Charter states that the cash balance of the City shall be deposited or invested in a manner approved by the City Council; and WHEREAS, the types of securities in which City funds may be invested have been established in Ordinance No. 108, 1988, as amended by Ordinance No. 090, 1993; and WHEREAS, City Council believes it is in the best interests of the City to adopt an investment policy that reflects current financial markets and provides guidance to the Financial Officer on prudent investment practices that protect investment principal and maximize return on City investments; and WHEREAS, accordingly, the City Council adopted Resolution 1990-044 authorizing a Cash Management and Investment Policy which established guidelines and limitations to be followed by City staff in managing the investment of City Funds; and WHEREAS, by Resolution 2008-121, the City Council adopted a revised Investment Policy dated December 2, 2008 (“Investment Policy”) that reflects the current financial markets and provides guidance to the Financial Officer on prudent investment practices to protect investment principal and maximize return on City investments; and WHEREAS, City staff has determined that the Investment Policy should again be updated to include guidelines for the way in which the City should address the financing needs of related entities that support the mission and values of the City but do not possess the financial strength of the City; and WHEREAS, City staff believes the best way to address the financing needs of related entities supported by the City is by changing the Investment Policy’s Inter-Fund Borrowing program to the Inter-Agency Loan Program, as contained in an update to the Investment Policy dated December 18, 2012 (the “Updated Policy”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, the City Council has determined that the Inter-Agency Loan Program will serve the important public purpose of stabilizing the long term tax base of the City and providing additional economic development benefits to the City; and WHEREAS, the City’s Financial Officer has determined that structuring the proposed inter- agency loans in the manner described in the Updated Policy will ensure that the inter-agency loans will constitute a reasonable investment for the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Updated Policy is hereby approved by the City Council. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of December A.D. 2012. Mayor ATTEST: City Clerk Investment Policy (Operating Funds) Original: April 17, 1990 (Resolution 90-44) Updated: December 2, 2008 (Resolution 2008-121) Updated: December 1, 2009 (Resolution 2009-109) Updated: October 5, 2010 (Resolution 2010-065) Updated: December 18, 2012 (Resolution 2012-119 ) EXHIBIT A 2 City of Fort Collins Investment Policy I. Policy The City of Fort Collins, Colorado (the “City”) is a home rule municipality operating under the City Charter. Article V, Part III of the City Charter assigns to the Financial Officer the responsibility of investing City funds. Funds must be placed in investments authorized by the City Council (“Council”). The Financial Officer will administer the investment program to ensure effective and sound fiscal management. It is the policy of the City to invest public funds in a manner which will provide the highest investment return while protecting capital and meeting liquidity needs. II. Scope This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. This investment policy applies to the investment of all general and special funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. For purposes of this policy, operating funds include: General Fund; Special Revenue Funds; Debt Services Funds (unless prohibited by bond ordinance); Capital Projects Funds; Enterprise Funds; Internal Service Funds; Trust and Agency Funds; and Any newly created Fund, unless exempted by Council. Unless specifically provided for in the bond ordinance, all bond proceeds, bond reserve funds and pledged revenues must be invested in accordance with the operating funds guidelines set forth in this Investment Policy. Guidelines for investing the funds of the City’s defined benefit plan shall be included in the Investment Policy for the General Employees’ Retirement Plan, which is monitored and approved by the General Employees’ Retirement Committee. III. Investment Objectives The City’s principal investment objectives, in priority order, are: legal conformance, safety, liquidity, and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 1. Legal conformance The investment portfolio will conform to all legal and contractual requirements. 3 2. Safety Safety of investment principal and the preservation of capital are primary objectives of the investment program. When making investment decisions, the Financial Officer will seek to ensure the preservation of capital in the overall portfolio by mitigating credit risk and interest rate risk. a) Credit Risk: The Financial Officer will minimize the risk of loss of principal and/or interest due to the failure of the security issuer or backer by: i. Limiting investments to the safest types of securities. ii. Pre-qualifying financial institutions, securities brokers and dealers, and advisors. iii. Diversifying the investment portfolio to reduce exposure to any one security type or issuer. b) Interest Rate Risk: The Financial Officer will minimize the risk that the market value of securities in the portfolio will fall due to changes in market interest rates by: i. Whenever possible, holding investments to their stated maturity dates. ii. Investing a portion of the operating funds in shorter-term securities, money market mutual funds, or local government investment pools. 3. Liquidity The investment portfolio must be sufficiently liquid so as to meet all reasonably anticipated operating cash flow needs. This is accomplished by structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. Investments shall be managed to avoid, but not prohibit, sale of securities before their maturities to meet foreseeable cash flow requirements. Since all possible cash needs cannot be anticipated, the portfolio must consist largely of securities with active secondary or resale markets. 4. Return on Investment The investment portfolio will be designed with the objective of maximizing the rate of return on investment while maintaining acceptable risk levels and ensuring adequate liquidity. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Investment pooling may be used to maximize the City’s investment income. Interest income, from pooling, will be distributed to the participating funds in proportion to each fund’s level of contribution. The Financial Officer will determine whether a security will be sold prior to maturity. The following are examples of when a security might be sold: a) A security with a declining credit rating may be sold early to minimize loss of principal; 4 b) A security swap would improve the quality, yield, return, or maturity distribution of the portfolio; c) Liquidity needs of the portfolio require that the security be sold; or d) The Financial Officer will obtain the best rate of return on investments by taking advantage of market volatility and recognizing gains on a portion of the portfolio. IV. Standards of Care 1. Prudence The City has a fiduciary responsibility to protect the assets of the City and to invest funds appropriately. The standard of care to be used by City officials is the “prudent person” rule as specified by CRS 15-1-304, which reads: “Standard for investments: In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of others, fiduciaries shall be required to have in mind the responsibilities which are attached to such offices and the size, nature, and needs of the estates entrusted to their care and shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital. Within the limitations of the foregoing standard, fiduciaries are authorized to acquire and retain every kind of property, real, personal, and mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, other corporate obligations, stocks, preferred or common, securities of any open-end or closed-end management type investment company or investment trust, and participations in common trust funds, which men of prudence, discretion, and intelligence would acquire or retain for the account of another.” The Financial Officer and designees, acting within the guidelines of this investment policy and written procedures, the City Charter and Code, all applicable state and federal laws and after exercising due diligence, will not be held personally liable and will be relieved or personal responsibility for an individual security’s credit risk or market price changes, or for losses incurred as a result of specific investment transactions or strategies. (CRS 24-75-601.4, et seq.) 2. Ethics and Conflicts of Interest City officers and employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials must disclose any material interests in financial institutions with which they conduct business. They must further disclose any personal financial and investment positions that 5 could be related to the performance of the City’s investment portfolio. In addition they must adhere to the rules of conflicts of interest as stated in Art. IV, Section 9(b) of the Charter of the City of Fort Collins, Colorado. 3. Delegation of Authority The City Charter assigns the responsibility for the collection and investment of all city funds to the Financial Officer, subject to direction from Council by ordinance or resolution. The Financial Officer, subject to City Manager approval, may appoint other members of the Finance Department to assist in the investment function. a) Administrative Procedures i. The Financial Officer is responsible for all investment decisions and activities, and must regulate the activities of subordinate employees for the operation of the City’s investment program consistent with this investment policy. ii. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the Financial Officer. b) Authorized Designees i. The Financial Officer will maintain a list of individuals and institutions that are authorized to transfer, purchase, sell and wire securities or funds on behalf of the City. ii. This list will be provided to the securities broker or dealer or financial institution prior to the City conducting any investment transactions with the institution. c) Investment Advisors i. The Financial Officer has the discretion to appoint one or more investment advisors, registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, to assist in the management of all or a portion of the City’s investment portfolio. ii. All investments made through such investment advisors shall be within the guidelines of this Investment Policy. 4. Investment Committee The Investment Committee consists of the Financial Officer and at least 2 other employees of the City that are knowledgeable in the area of governmental investments. The Investment Committee, at the discretion of the Financial Officer, may also include up to 2 private sector investment or banking professionals. The purpose of the Investment Committee shall be to provide advice to the Financial Officer regarding the operation of the investment program. 6 V. Safekeeping and Custody 1. Authorized Securities Brokers and Dealers and Financial institutions a) The Financial Officer will maintain a list of financial institutions authorized to provide investment services. The Financial Officer will also maintain a list of approved securities brokers and dealers. This list may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1. b) All financial institutions and securities brokers and dealers who wish to provide investment services to the City must supply the following (as appropriate): i. Current audited financial statements; ii. Completed securities broker and dealer questionnaire; iii. Proof of National Association of Securities Dealers certification and registration in the State of Colorado; and iv. Certification of their review, understanding and agreement to comply with the City’s Investment Policy. c) If a financial institution or securities broker or dealer wishes to enter into a repurchase agreement with the city, the institution must sign a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office. d) The Financial Officer must conduct an annual review of the financial condition of authorized financial institutions and securities brokers and dealers. e) Investment transactions must be executed with an authorized financial institution or securities broker or dealer except in the following circumstances: i. Commercial paper, banker acceptances and guaranteed investment contracts may be purchased and sold directly from the issuer; ii. Mutual funds and money market funds may be purchased, sold and held directly with the funds; iii. Investments in local government investment pools may be transacted directly with the pool; and iv. Bond refunding and lease escrow agreements will be executed as provided in the bond and lease documents. f) The Financial Officer will establish a safekeeping agreement with an approved financial institution to act as a third party custodian. 7 Investment securities will be held for the City by the custodian. When applicable, the Financial Officer shall establish a separate securities lending agreement with the custodian bank. The selection of the City’s primary depository and primary custodian will be made through the City’s competitive Request for Proposals process. 2. Delivery versus Payment All trades will be executed by delivery versus payment to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by the City’s third-party custodian as evidenced by safekeeping receipts. 3. Internal Controls The Financial Officer is responsible for establishing and maintaining an internal control structure designed to provide reasonable assurance that the assets of the city are protected from loss, theft or misuse. VI. Suitable and Authorized Investments As a home rule city, the City may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601.1. Pursuant to Article V of the City’s Charter the Council has adopted the following Ordinances and Resolutions establishing the framework under which the Financial Officer must conduct his duties: Ordinance 90, 1993; Ordinance 108, 1988, Resolution 85-134; and Resolution 82-70. Council may adopt additional Ordinances or Resolutions that require modification of these investment tools. 1. Eligible Investments City funds may be invested in the following: a) Any securities now or hereafter designed as legal investment for municipalities in any applicable statute of the State of Colorado; b) Interest-bearing accounts or time certificates of deposit, including collateralized certificates of deposit and certificates of deposit through the Account Registry Service, of financial institutions designated as depositories for public moneys by the State of Colorado; c) United States Treasury obligations for which the full faith and credit of the United States are pledged for payment of principal and interest. Such securities will include but not be limited to: Treasury bills, Treasury notes, Treasury bond and Treasury strips with maturities not exceeding five years from the date of purchase; 8 d) Obligations issued by any United States government-sponsored agency or instrumentality. Maturities may not exceed five years from the date of purchase; e) Obligations issued by or on behalf of the City; f) Obligations issued by or on behalf of any state of the United States, political subdivision, agency, or instrumentality thereof. At the time of purchase the obligation shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service; g) Prime-rated bankers acceptances with a maturity not exceeding six months from the date of purchase, issued by a state or national bank which has a combined capital and surplus of at least 250 million dollars, whose deposits are insured by the FDIC and whose senior long-term debt is rated at the time of purchase at least AA- by Standard and Poor’s, Aa3 by Moody’s Investors Service, or AA- by Fitch Ratings Service; h) U.S. dollar denominated corporate notes or bank debentures. Authorized corporate bonds shall be U.S. dollar denominated, and limited to corporations organized and operated within the United States with a net worth in excess of 250 million dollars. At the time of purchase the debenture or corporate note shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service; i) Prime-rated commercial paper with a maturity not exceeding six months issued by U.S. corporations. At the time of purchase the paper shall be rated A1 by Standard and Poor’s and P1 by Moody’s Investors Service. If the commercial paper issuer has senior debt outstanding, the senior debt must be rated at the time of purchase at least AA- by Standard and Poor’s or Aa3 by Moody’s Investors Service; j) Guaranteed investment contracts of domestically-regulated insurance companies having a claims-paying ability rating of AA- or better from Standard & Poor’s at the time of purchase; k) Repurchase and reverse repurchase agreements. The structure of the agreements (including margin ratios and collateralization) shall be contained in the Master Repurchase Agreements. Repurchase agreements shall include but are not limited to delivery-versus- payment, tri-party and flexible repurchase agreements; 9 l) Local government investment pools authorized under the laws of the State of Colorado with a rating of AAAm; and m) Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar denominated securities. 2. Repurchase Agreements a) Before any repurchase agreements shall be executed with an authorized securities broker or dealer or financial institution, a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office must be signed between the City and the securities broker or dealer or financial institution. b) The Financial Officer will maintain a file of all Master Repurchase Agreements. c) In addition to the straight forward repurchase agreement, wherein the financial institution or securities broker or dealer delivers the collateral versus payment to the City’s custodian for a fixed term at a fixed rate, the City may enter into other types of repurchase agreements which may include but not be limited to flexible repurchase agreements, tri- party agreements and reverse repurchase agreements. d) Repurchase agreements must be collateralized as provided in individually executed Master Repurchase Agreements at a minimum of 102 percent. e) Zero coupon instruments will not be accepted as collateral. f) The collateralized securities of the repurchase agreement can include but are not limited to: U.S Treasuries, Collateralized Mortgage Obligations or Agency securities. VII. Investment Parameters 1. Diversification and Asset Allocation It is the intent of the City to diversify its investment portfolio. Investments shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, issuer or class of securities. Diversification strategies and guidelines shall be determined and revised periodically by the Financial Officer. The investments may be diversified by: 10 a) Limiting investments to avoid over-concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities); b) Limiting investment in securities that have higher credit risks; c) Investing in securities with varying maturities; and d) Maintaining a portion of the portfolio in readily available funds such as local government investment pools, money market funds or short term repurchase agreements to ensure that City liquidity needs are met. The maximum investment allowable for each investment category as a percentage of the entire portfolio is as follows (excluding collateral for repurchase agreements): CASH AND CASH EQUIVALENTS ...................................................................... 100% TREASURY SECURITIES ....................................................................................... 90% GOVERNMENT-SPONSORED AGENCY SECURITIES .................................... 90% REPURCHASE AGREEMENTS .............................................................................. 70% CORPORATE NOTES OR BONDS* ...................................................................... 40% BANK DEBENTURES* ............................................................................................. 25% COMMERCIAL PAPER* ......................................................................................... 25% BANKER’S ACCEPTANCES* ................................................................................. 25% LOCAL GOVERNMENT INVESTMENT POOLS ................................................ 20% MONEY MARKET FUNDS AND MUTUAL FUNDS……………………………15% CD ACCOUNT REGISTRY SERVICE.....(MAXIMUM 50 MILLION)……......15% CERTIFICATES OF DEPOSIT ................................................................................ 15% GUARANTEED INVESTMENT CONTRACTS ......................................................5% * A maximum of 10 percent of the portfolio may be invested in any one provider or issuer. 2. Investment Maturity and Liquidity a) A portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds, or short-term repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. The City must at all times maintain 5 percent of its operating investment portfolio in instruments maturing in 120 days or less. 11 b) Reserved funds may be invested in securities exceeding 5 years if the maturities of such investments are made to coincide as closely as possible with the expected use of funds. c) The weighted average final maturity limitation of the total portfolio, excluding pension funds and long-term reserve funds, will not exceed 3 years. d) The City may collateralize repurchase agreements with longer-dated investments, final maturity not to exceed 30 years. VIII. Inter-agency Interfund Borrowing Loan Program 1. Purpose The purpose of the Inter-agency loan program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate of return for the City. 21. Eligible Applicants City funds may be borrowed in the following scenarios:The following are examples of situations in which City loans to outside agencies may be appropriate: a) An entity that was created wholly or in part by the City and is in a fledgling stage and does not yet have an established credit history to access the capital markets. Examples include the Urban Renewal Authority, RMI2, etc. b) An entity related to the City desires to issue debt that will be repaid over a timeframe that the market does not value efficiently;would be unrealistic for a private lender. Examples include bonds issued by the Downtown Development Authority for less than 10 years. c)A period of significant market uncertainty exists and as a result the City’s investment portfolio earns yields that are significantly less than those the City would pay on bonds it issues. d)c) Any other purpose thatsituation in which the Council deems it appropriate to meet the financing needs of an entity that is engaged in services that support the mission and values of the City. 32. Program Guidelines: a) The borrowing entity must have request approval from any Board or Commission that provides oversight to themits governing body. 12 b)City Council must then review the request and approve the amount of the borrowing and the related terms related to the financing. b) The loan must be evidenced by a promissory note. c) There must be a reasonable probability of repayment of the loan from an identifiable source such as TIF revenues. d) The interest rate assigned to the borrowing loan must be the higher of would be based upon the Treasury Note or Municipal Bond of similar duration (3 year, 5 year, etc.), plus 0.5.%, subject to the following minimum (floor). FLOOR - Minimum Loan Rates Term Rate 0 – 5 years 2.75% 6 – 10 years 3.25% 11 – 15 years 3.75% 16 – 25 years 4.00% e) The loans must be limited to 25 years. c) City Council must review the request and approve the amount and terms and conditions of the loan. f) g) Loans of Utility reserves must be reviewed by either the Energy Board or Water Board in advance of City Council consideration, and must meet the following additional criteria: the City Council must make a formal finding that the funds will not be needed for utility purposes during the term of the loan, and that the terms and conditions of the loan represent a reasonable rate of return to the Utility; and (i) (ii) utility rates must not be increased for the purposes of funding the loan. d)The interfund borrowing would be viewed as an investment of either the General Fund or other governmental funds unless nexus existed to assign the borrowing to one or more of the Utility funds. 43. Limit on Funds available for Loan Interfund Borrowing Program 13 In order to preserve the overall portfolio’s ability to respond to the liquidity needs of the City, the funds available to be used by this program would be limited a) Governmental Funds: Total loans shall not exceed to no more than 25% of the aggregate cash and investments balance of the governmental funds (ie.i.e., General Fund and , Special Revenue Funds, Capital Project Funds and Internal Service Funds). b) Enterprise Funds: Total loans shall not exceed 5% of the aggregate cash and investments balance in the enterprise funds (i.e. Utility Funds and Golf Fund). c) Operating and capital needs of the loaning funds shall not be significantly impaired by these loans. d) Loans should not impact the loaning funds compliance with minimum fund balance policies, timing of intended uses, etc. IX. Reporting 1. Methods The Financial Officer will prepare an investment report on a quarterly basis. In addition, a comprehensive investment report may be published on the City’s website on an annual basis. All investment reports will be submitted in a timely manner to the City Manager. 2. Performance Standards The investment portfolio will be managed in accordance with the parameters specified within this Investment Policy. The Financial Officer will establish a benchmark yield for the City’s investments equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio’s actual weighted average maturity. In order to determine the actual rate of return on any portion of the portfolio managed by an investment advisor, the Financial Officer must include all of the advisor’s expenses and fees in the computation of the rate of return. 3. Marking to Market The market value of the portfolio will be calculated at least quarterly and a statement of the market value will be included in the quarterly investment report. X. Policy Adoption 14 This Investment Policy will be reviewed at least every two years by the Investment Committee, City Manager and the Financial Officer and may be amended by Council as conditions warrant. The Investment Policy may be adopted by Resolution of the Council. Prepared by: ___________________________ Date: _________________ Effective Date: ____________________ Appendix A: Listing of Authorized Personnel (Separation of Duties) This information is available at the City of Fort Collins Finance Department. Appendix B: Authorized Financial Institutions This information is available at the City of Fort Collins Finance Department. 19 Appendix C: Glossary of Investment Terms Agency: A bond, issued by a U.S. government-sponsored agency. The offerings of these agencies are backed by the U.S. government, but not guaranteed by the government since the agencies are private entities. Such agencies have been set up in order to allow certain groups of people to access low cost financing, especially students and first-time home buyers. Some prominent issuers of agency bonds are Student Loan Marketing Association (Sallie Mae), Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac). Agency bonds are usually exempt from state and local taxes, but not federal tax. Average Life: The length of time that will pass before one-half of a debt obligation has been retired. Bankers’ Acceptance: A short-term credit investment which is created by a non- financial firm and whose payment is guaranteed by a bank. Often used in importing and exporting, and as a money market fund investment. Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. Book Value: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker: An individual who brings buyers and sellers together for a commission. Cash Sale/Purchase: A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Coupon Rate: The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also know as the “interest rate”. 20 Credit Quality: The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk: The risk to an investor that an issuer will default on the payment of interest and/or principal on a security. Current Yield (Current Return): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment (DVP): A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or to their custodian. Diversification: A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures deposits in member banks and thrifts up to $100,000 ($250,000 through 12/31/2013). Federal Funds: Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate: The interest rate that banks charge each other for the use of Federal funds. Government Securities: An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. 21 Green Investments: Mutual funds that are considered “ethical investments.” These funds screen companies to ensure that they have sound environmental practices such as: maintaining or improving the environment, industrial relations, racial equality, community involvement, education, training, healthcare and various other environmental criteria. Negative screens include but are not limited to: alcohol, gambling, tobacco, irresponsible marketing, armaments, pornography, and animal rights. Interest Rate Risk: The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Investment-grade Obligations: An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Liquidity: An asset that can be converted easily and quickly into cash without a substantial loss of value. Local Government Investment Pool (LGIP): An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-Market: the process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Value: Current market price of a security. Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase and reverse repurchase. Establishes each party’s rights in the transaction. Maturity: the date on which payment of a financial obligation is due. The final state maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. Money Market Mutual Fund: Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repurchase agreements, and federal funds). Mutual Fund: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the investment company Act of 1940 and must abide by the Securities and Exchange Commission (SEC) disclosure guidelines. National Association of Securities Dealers (NASD): A self-regulatory organization of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. 22 Net Asset Value: The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. No Load Fund: A mutual fund which does not levy a sales charge on the purchase of its shares. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Real Estate Investment Trust (REIT): A company that buys, develops, manages and sells real estate assets. Allows participants to invest in a professionally managed portfolio of real-estate properties. The main function is to pass profits on to investors; business activities are generally restricted to generation of property rental income. Repurchase Agreement (Repo): An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement: An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement of the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Securities and Exchange Commission (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. Total Return: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends Paid) + (Capital Gains) = Total Return Treasury Bills: Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year. 23 Treasury Bonds: Long-term U.S. government debt securities with maturities of more than ten years. Currently, the longest outstanding maturity is 30 years. Treasury Notes: Intermediate U.S. government debt securities with maturities of two to ten years. Tri-party Repurchase Agreement: In a “normal repurchase” transaction there are two parties, the buyer and the seller. A tri-party repurchase agreement adds a custodian as the third party to act as an impartial entity to the repurchase transaction to administer the agreement and to relieve the buyer and seller of many administrative details. Weighted Average Maturity (WAM): The average maturity of all the securities that comprise a portfolio. Yield: The current rate of return on an investment security. Generally expressed as a percentage of the security’s current price. Yield Curve: A graphical representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-Maturity: The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-Coupon Securities: A security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. DATE: December 18, 2012 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT Resolution 2012-120 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. EXECUTIVE SUMMARY Vacancies currently exist on various boards, commissions, and authorities due to resignations of boardmembers and the expiration of terms of current members. Applications were solicited during September and Council teams interviewed applicants during October, November, and December. This Resolution appoints members to fill current vacancies and term expirations. BACKGROUND / DISCUSSION Section 1 of this Resolution makes 7 appointments to 6 boards and commissions to fill current vacancies with terms to begin immediately. Names of those individuals recommended to fill current vacancies have been inserted in the Resolution with the expiration date following the names. Section 2 of this Resolution makes 46 appointments to 21 boards and commissions to fill expired terms to begin on January 1, 2013. Names of those individuals recommended to fill expired terms have been inserted in the Resolution with the expiration date following the names. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. PUBLIC OUTREACH Vacancies were advertised during September and October in the Coloradoan and on fcgov.com.. Flyers were also mailed to various diverse population groups/organizations, service organization, major employers, board and commission members, active applicants (applicants on file during 2012) and term limited boardmembers. 89 applications were submitted to fill 53 vacancies. RESOLUTION 2012-120 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards, commissions, and authorities of the City due to resignations by board members and due to the expiration of the terms of certain members; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards, commissions, and authorities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following named persons are hereby appointed to fill current vacancies on the boards, commissions, and authorities hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Commission on Disability Expiration of Term Rose Luna December 31, 2015 Thomas Klender______________ December 31, 2014 Parks and Recreation Board Expiration of Term Scott Sinn December 31, 2016 Retirement Committee Expiration of Term Rodney Albers December 31, 2015 Senior Advisory Board Expiration of Term Lawrence Bontempo December 31, 2016 Water Board Expiration of Term Andrew McKinley December 31, 2015 Youth Advisory Board Expiration of Term Thomas Lamont Long May 31, 2016 Section 2. That the following named persons are hereby appointed to fill expired terms on boards, commissions, and authorities hereinafter indicated, with terms to begin January 1, 2013 and to expire as set forth after each name: Air Quality Advisory Board Expiration of Term John Shenot December 31, 2016 Tom Moore December 31, 2016 Jim Dennison December 31, 2016 Citizen Review Board Expiration of Term James O’Neill II December 31, 2016 Vikas Malaiya December 31, 2016 Commission on Disability Expiration of Term Mike Devereaux December 31, 2016 Michelle Miller December 31, 2016 Cultural Resources Board Expiration of Term Theadora (Tedi) Cox December 31, 2016 Jan Gilligan December 31, 2016 Jesse Solomon December 31, 2016 -2- Downtown Development Authority Expiration of Term Bevin Parker December 31, 2016 Cheryl Zimlich December 31, 2016 Wyne O’dell December 31, 2016 Economic Advisory Commission Expiration of Term Ann Hutchison December 31, 2015 Glen Colton December 31, 2015 Golf Board Expiration of Term James Snyder December 31, 2016 Housing Authority Expiration of Term David Bye December 31, 2017 Sue Beck-Ferkiss December 31, 2017 Human Relations Commission Expiration of Term Mary Lipscomb Lyons December 31, 2016 Faith Sternlieb December 31, 2016 Preety Sathe December 31, 2016 Land Conservation and Stewardship Board Expiration of Term Trudy Haines December 31, 2016 Ed Reifsnyder December 31, 2016 -3- Landmark Preservation Commission Expiration of Term Alexandra Wallace December 31, 2016 Belinda Zink December 31, 2016 Natural Resources Advisory Board Expiration of Term Harry Edwards December 31, 2016 Parks and Recreation Board Expiration of Term Jessica MacMillan December 31, 2016 Brian Carroll December 31, 2016 Planning and Zoning Board Expiration of Term Gerald Hart December 31, 2016 Emily Elmore December 31, 2016 Retirement Committee Expiration of Term Angelina Sanchez-Sprague December 31, 2016 Senior Advisory Board Expiration of Term Katherine Pullen December 31, 2016 Transportation Board Expiration of Term Olga Duvall December 31, 2016 Rita Pat Jordan December 31, 2016 -4- Water Board Expiration of Term Duncan Eccleston December 31, 2016 Heidi Huber-Stearns December 31, 2016 Katherine Liesel Hans December 31, 2016 Steve Malers December 31, 2016 Women’s Commission Expiration of Term Suzzette Greany December 31, 2014 Catherine Douras December 31, 2016 Lea Hanson December 31, 2016 Jan Hawn December 31, 2016 Youth Advisory Board Expiration of Term Pranaya Sathe _______________ May 31, 2016 Nathan Welch May 31, 2016 Zoning Board of Appeals Expiration of Term Peter Bohling December 31, 2016 John H. McCoy December 31, 2016 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of December A.D. 2012. Mayor ATTEST: City Clerk -5- DATE: December 18, 2012 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Resolution 2012-121 Excusing the Absence of Councilmember Aislinn Kottwitz From Attendance at Meetings of the City Council During the Period From November 8, 2012 Through January 15, 2013. EXECUTIVE SUMMARY Under the City Charter, a Council seat is considered vacant if the Councilmember misses all regular and special meetings for 60 consecutive days, unless excused by resolution of the Council. Due to illness, Councilmember Aislinn Kottwitz was last able to attend meetings of the City Council on November 6, 2012, and will be unavailable to resume such attendance until at least January 15, 2013. The resolution excuses her absences during that period of time. STAFF RECOMMENDATION Not applicable. RESOLUTION 2012-121 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXCUSING THE ABSENCE OF COUNCILMEMBER AISLINN KOTTWITZ FROM ATTENDANCE AT MEETINGS OF THE CITY COUNCIL DURING THE PERIOD FROM NOVEMBER 8, 2012 THROUGH JANUARY 15, 2013 WHEREAS, under Article II, Section 18 of the City Charter, if a Councilmember fails to attend meetings of the Council for 60 consecutive days, a vacancy is considered to exist in the office held by such Councilmember, unless such failure to attend meetings is excused by resolution of the Council; and WHEREAS, due to illness, Councilmember Aislinn Kottwitz was last able to attend meetings of the City Council on November 6, 2012, and will be unavailable to resume such attendance until at least January 15, 2013; and WHEREAS, under these circumstances, the Council wishes to excuse Councilmember Kottwitz from her absences during this period of time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that all absences of Councilmember Aislinn Kottwitz from meetings of the City Council occurring on or after November 8, 2012, and continuing through January 15, 2013, are hereby excused by the Council. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of December A.D. 2013. Mayor ATTEST: City Clerk DATE: December 18, 2012 STAFF: Laurie Kadrich AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT Second Reading of Ordinance No. 149, 2012, Amending Division 2 of the Land Use Code to Allow for the Processing of Applications for the Development of Property Not Yet under the Full Ownership and Control of the Applicant or Developer. EXECUTIVE SUMMARY The Land Use Code (LUC) presently requires that all submittal requirements must be met before an application can be processed. One of those submittal requirements is that the applicant must own or control all of the property that is the subject of the application. This Ordinance, adopted on First Reading on December 4, 2012 by a vote of 4-1 (Nays: Ohlson; Weitkunat recused; Kottwitz absent) amends the LUC to give the Director discretion to allow applications to proceed through the review process under certain circumstances even if not all of the subject property is yet controlled by the applicant. The applicant would have to show that, at the time of application, the applicant has ownership of, or the legal right to use and control, the majority of the property to be developed. The Director would then have to determine that reviewing the application would not be contrary to the public interest, and the applicant would need to agree not to record any documents related to the processing of the application until the applicant had gained control of the entire property. The applicant would also be required to indemnify the City against any third party claims related to the processing of the application. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Karen Cumbo Laurie Kadrich AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 31 SUBJECT First Reading of Ordinance No. 149, 2012, Amending Division 2 of the Land Use Code to Allow for the Processing of Applications for the Development of Property Not Yet under the Full Ownership and Control of the Applicant or Developer. EXECUTIVE SUMMARY The Land Use Code (LUC) presently requires that all submittal requirements must be met before an application can be processed. One of those submittal requirements is that the applicant must own or control all of the property that is the subject of the application. Staff recommends that the City Council amend the LUC to give the Director discretion to allow applications to proceed through the review process under certain circumstances even if not all of the subject property is yet controlled by the applicant. The applicant would have to show that, at the time of application, the applicant has ownership of, or the legal right to use and control, the majority of the property to be developed. The Director would then have to determine that reviewing the application would not be contrary to the public interest, and the applicant would need to agree not to record any documents related to the processing of the application until the applicant had gained control of the entire property. The applicant would also be required to indemnify the City against any third party claims related to the processing of the application. BACKGROUND / DISCUSSION Currently the Section 2.2.3 (C) (1) of the LUC limits the Director from submitting applications to the Planning and Zoning Board and/or Hearing Officers until such time as documentation is presented that the applicant “has the requisite power, authority, clear title, good standing, qualifications and ability to submit and carry out the development and/or activities requested in the development application.”. Further, Section 2.2.4 of the LUC states that an application cannot be processed or presented to a decision maker until the Director determines that it is complete and ready for review, and the determination of sufficiency cannot be based on the perceived merits of the development proposal. The intent of these provisions appears to be to avoid expending City resources on proposals that may never come to fruition. In most situations, this makes sense. Sometimes, however, these requirements can cause unnecessary, costly delays that may work to the detriment not only of the developer but also the City. Therefore, staff is recommending that these LUC provisions be amended to allow for more flexibility in the development review process and afford the Director more discretion in determining whether the review of a particular development proposal can and should move ahead in advance of all submittal requirements being met. Additionally, the fact that an application may be allowed to proceed through the review process will not entitle the applicant to actually commence development of the proposed project unless and until all other relevant Land Use Code provisions have been met, including the execution of a final plat and the issuance of building permits. The denial of an incomplete application that has been allowed to proceed to the decision maker under the provisions of this Section shall not cause a post denial re-submittal delay under the provisions of Section 2.2.11(D) (9). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The LUC amendment will allow for more flexibility in the development review process and afford the Director more discretion in determining whether the review of a particular development proposal can and should move ahead in advance of all submittal requirements being met. COPY COPY COPY COPY December 4, 2012 -2- ITEM 31 BOARD / COMMISSION RECOMMENDATION If approved on First Reading, the Land Use Code amendment will be considered by the Planning and Zoning Board at a special meeting in mid-December so that the Council would have the Board’s recommendation prior to Second Reading on December 18. ORDINANCE NO. 149, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING DIVISION 2 OF THE LAND USE CODE TO ALLOW FOR THE PROCESSING OF APPLICATIONS FOR THE DEVELOPMENT OF PROPERTY NOT YET UNDER THE FULL OWNERSHIP AND CONTROL OF THE APPLICANT OR DEVELOPER WHEREAS, Division 2.2 of the City’s Land Use Code (LUC) establishes certain development review procedures for the processing of applications for land development that are submitted to the City; and WHEREAS, among those procedures are the submittal requirements contained in Sections 2.2.3 and 2.2.4; and WHEREAS, LUC Section 2.2.3(C)(1) states that a master list of development application submittal requirements is to be established by the City Manager and that such master list is to include, at a minimum, documentation showing that the applicant “has the requisite power, authority, clear title, good standing, qualifications and ability to submit and carry out the development and/or activities requested in the development application”; and WHEREAS, under LUC Section 2.2.4, an application cannot be processed or presented to a decision maker until the Director of the Planning, Development and Transportation Service Unit (the “Director”) determines that it is complete and ready for review; and WHEREAS, these provisions are intended to alleviate the need for the City to expend City resources on development proposals that may never come to fruition; and WHEREAS, in certain instances, the foregoing requirements can cause unnecessary, costly delays; and WHEREAS, City staff is recommending that LUC Section 2.2.4 be amended to allow for more flexibility in the development review process and afford the Director more discretion in determining whether the review of a particular development proposal can and should move ahead in advance of the foregoing submittal requirements being met; and WHEREAS, the City Council believes that the amendments recommended by staff are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2.2.4 of the Land Use Code is hereby amended so as to read in its entirety as follows: 2.2.4 Step 4: Review of Applications. (A) Determination of Sufficiency. After receipt of the development application, the Director shall determine whether the application is complete and ready for review. The determination of sufficiency shall not be based upon the perceived merits of the development proposal. (B) Processing of Incomplete Applications. Except as provided below, if a submittal is found to be insufficient, all review of the submittal will be held in abeyance until the Director receives the necessary material to determine that the submittal is sufficient. The development application shall not be reviewed on its merits by the decision maker until it is determined sufficient by the Director. Notwithstanding the foregoing, if an application has been determined to be incomplete because the information provided to the Director shows that a portion of the property to be developed under the application is not yet under the ownership and control of the applicant or developer, the Director may nonetheless authorize the review of such application, and the presentation of the same to the decision maker, as long as: (1) the applicant, at the time of application, has ownership of, or the legal right to use and control, the majority of the property to be developed under the application; (2) the Director determines that it would not be detrimental to the public interest to accept the application for review and consideration by the decision maker; and (3) the applicant and developer enter into an agreement satisfactory in form and substance to the City Manager, upon consultation with the City Attorney, which provides that: (a) until such time as the applicant has acquired full ownership and control of all property to be developed under the application, neither the applicant nor the developer will record, or cause to be recorded, in the Office of the Larimer County Clerk and Recorder any document related to the City’s review and approval of the application; and (b) the applicant will indemnify and hold harmless the City and its officers, agents and assigns, from any and all claims that may be asserted against them by any third party, claiming injury or loss of any kind whatsoever that are in any way related to, or arise from, the City’s processing of the application. -2- The denial of an incomplete application that has been allowed to proceed to the decision maker under the provisions of this Section shall not cause a post denial re-submittal delay under the provisions of Section 2.2.11(D)(9). Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- DATE: December 18, 2012 STAFF: Laurie Kadrich Dan Weinheimer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT Second Reading of Ordinance No. 145, 2012, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins. EXECUTIVE SUMMARY On December 4, 2012, Council considered regulation of oil and gas exploration and production and unanimously voted to impose a six-month moratorium on the submission, acceptance, consideration and approval of any all applications for City licenses, permits and other approvals related in any way to oil and gas uses within the City. The moratorium will allow staff and Council time to further investigate the extent of the City’s authority to regulate such uses. In order to give the newly seated Council time to consider the regulations to be developed during the moratorium, staff is recommending that the moratorium be extended on Second Reading to seven months rather than six. BACKGROUND / DISCUSSION Local governments have considered the use of moratoriums to postpone new oil and gas operations within their jurisdictions, citing the need to craft and adopt local land use regulations and/or to allow the state to address its rulemaking process as it relates to setbacks and water quality regulations. Current State Efforts Related to Oil and Gas regulation The Colorado Oil and Gas Conservation Commission (COGCC) is currently considering amendments to existing and proposed area of rulemaking: (1) water sampling and monitoring, and (2) addressing well setbacks and noise. The City secured Party Status for both rulemaking hearings, making Fort Collins the only city with such status. Party Status provides the City with an opportunity to submit written comments on the state’s proposals, recommend alternatives, and a greater length of time to speak before the Commission. Water Quality: The proposal under consideration adopts an industry-sponsored voluntary program and makes that program mandatory. Under this proposed program, baseline groundwater quality samples would be collected from two existing groundwater features, such as permitted and registered groundwater wells or groundwater seeps and springs, which are located within 1/2 mile of the surface location of new oil and gas well pads, or additional wells on existing well pads. These samples will be collected before drilling begins. A second sample will be collected from each groundwater feature within one to three years after drilling is completed. Fort Collins submitted comments on this proposal, asking that additional samples are collected and for more frequent monitoring of water wells to ensure water contamination does not occur. If the state’s rules on water quality monitoring are amended, the City may also need to modify proposed Land Use Code regulations as presented in Option A or B or in development submittal requirements. Setbacks: The state is reviewing its existing setback rules, with new rules anticipated by early 2013. Setbacks for new wells from existing homes are an important consideration for several reasons – there is uncertainty about emissions from well sites and the process of drilling and maintaining a well site could cause noise, traffic and lighting impacts. The current setbacks for new wells are 150 feet from an occupied structure, 350 feet from a high density area and 500 feet from some structures like hospitals, schools, and nursing homes. Many groups recommend increasing the state setbacks from homes to 1,000 or even 2,000 feet. At the Commission hearing on setbacks, the City of Fort Collins will seek additional setback distance from occupied buildings, greater powers for residents in influencing site location December 18, 2012 -2- ITEM 24 proposals, and protection for community assets like natural areas and parks. December 18, 2012 -3- ITEM 24 City Council direction for additional work during moratorium • Monitor COGCC and present City Council recommendations (attachment 2) during the rulemaking process as described above. Incorporate, as needed, any changes into proposed Land Use Code (LUC) amendments. • Monitor COGCC and present City Council recommendations (attachment 2) to any relevant bills considered during the 2013 State of Colorado Legislative Session, especially as any further legislation is considered related to air or water quality. • Develop maps that address the following: N Identify the geological formations present within the City and the Growth Management Area N Identify the locations of oil and shale gas deposits including the various formations N Map the locations of all wells within those areas and locations currently seeking permits to drill and include mineral ownership information where available N Visually extend the setback criteria into the Growth Management Area N Identify areas currently exempt from drilling, and areas that would be exempt if additional setback criteria were adopted by the COGCC • Evaluate the impact of proposed regulations on existing and future oil and gas operations and consider code amendments as needed for addressing the differences in oil extraction compared to gas or methane production. Staff should specifically consider whether soil gas testing is needed for both. • Update the Best Practice Matrix dated August 27, 2012 to include LUC Option A and B as well as more specific information on street maintenance, financial consequences, local impact fee, cultural resources, reclamation, and water source disclosure. • Propose an intergovernmental agreement with Larimer County that ensures any oil and gas activity within the GMA would be considered new development and as such annexed into the city and permitted under the city’s development process. • Negotiate and present a proposal for adopting an operator agreement with Prospect Energy, the owner and operator of the Fort Collins Field. • Re-engage the boards and stakeholder groups and seek their recommendations regarding the proposed LUC amendments (Option A or Option B). • Provide additional information regarding surface use agreements, especially as the agreement relates to habitat fragmentation and restoration; include examples. • Identify areas that may be considered for a Designated Outside Activity Area, and have setbacks from oil and gas activities in alignment with High Density Area setbacks. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. In addition, in order to give the newly seated Council time to consider the regulations to be developed during the moratorium, staff is recommending that the moratorium be extended on Second Reading to seven months rather than six. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) 2. Copy of Policy Motion, adopted December 4, 2012, regarding COGCC rule-making direction 3. Powerpoint presentation COPY COPY COPY COPY ATTACHMENT 1 DATE: December 4, 2012 STAFF: Laurie Kadrich Dan Weinheimer AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 26 SUBJECT Items Relating to Oil and Gas Exploration and Production Regulations. A. First Reading of Ordinance No. 144, 2012, Amending the Land Use Code Pertaining to Oil and Gas Exploration and Production Regulations (Option A or B). AND/OR B. First Reading of Ordinance No. 145, 2012, Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City of Fort Collins (Option C). EXECUTIVE SUMMARY City Council directed staff to evaluate methods by which the City may regulate oil and gas exploration and production. Since oil and gas operations are governed primarily by the state and federal governments, staff will provide an overview of what regulations exist and where the City may be effective in both filling existing regulatory “gaps” and strengthening existing regulations in order to better protect the health and safety of residents. Discussion includes development review criteria, water and air quality, environmental protections, and emergency services. Staff also presents information on non-regulatory ways to respond to residents’ concerns including options such as surface-use and operator agreements, legislative advocacy, regional cooperation, and active participation in related state and federal rulemaking processes. Staff is providing three options for Council’s consideration: • Option A: Dual-track development review process • Option B: Single-track development review process • Option C: Moratorium BACKGROUND / DISCUSSION Existing oil and gas activity in the city: Oil production is currently limited to the Fort Collins Field, located in the northeast portion of the city. The Fort Collins Field is regulated by the Colorado Oil and Gas Conservation Commission and has been in production since about 1925. In the City limits, the field consists of seven producing wells and seven injecting wells within the City limits, all of which are managed by one operator. Four residential subdivisions have developed around the Fort Collins field, with an additional subdivision planned in the area. In addition to the Fort Collins field, well development has historically occurred southward along the I-25 corridor. There are no active wells in this area today. As all wells were subsequently annexed into City boundaries, there have been no permits issued to date in the City of Fort Collins. Two recent developments may result in significant changes in oil and gas exploration in Larimer County. The first is the successful exploration of the Niobrara formation, which lies deep under much of northeastern Colorado, and the second is the advancing technology of hydraulic fracturing to extract the resource from within deeply located shale deposits. This has raised considerable public concern. Existing regulations Because oil and gas exploration and production is regulated by the state in Colorado, local jurisdictions are limited in their ability to control the location, procedures, and impacts of oil and gas drilling in and around their boundaries. COPY COPY COPY COPY December 4, 2012 -2- ITEM 26 A combination of the state’s laws and several court cases have resulted in the preemption of local control over various aspects of oil and gas activities, and the scope of that preemption is the subject of ongoing litigation.. Accordingly, existing oil and gas regulations in the Land Use Code are limited to a single paragraph in Section 3.8.14 and reads as follows: “Any use that is not permitted under the provisions of Article 4, but that must be allowed because of preemption by a sovereign jurisdiction or because of a court order, shall be processed as a Planning and Zoning Board Review (Type 2 review) and shall be approved, with or without conditions, as necessary to ensure that such use complies with all general standards as set forth in Article 3 and zone district standards as set forth in Article 4 as are or may reasonably be interpreted to be applicable to such use, provided that such standards are not preempted or ordered by a court not to be applied.” This section indicates that all oil and gas operations are subject to a Type 2, or Planning and Zoning Board review. This paragraph also suggests that oil and gas operations are subject to the standards set forth in the Land Use Code, to the extent that they are not preempted by the state. DISCUSSION - Proposed Framework for Oil and Gas Operations: As discussed above, the City has a shared authority with the state and other agencies for controlling how oil and gas operations occur both above and below ground. Typically, the City’s Land Use Code serves as the primary mechanism for land development in the City. However, because of the shared authority with the state, staff has identified a number of methods to address specific community concerns and better address oil and gas operations at local levels. Staff recommends that the City engage at the federal, state and regional levels, as well, to better affect regulations or ensure compliance with regulations. Federal The federal level options are aimed at influencing the Environmental Protection Agency and other regulatory bodies to gain more stringent oversight of oil and gas operations. The EPA intends to have a new set of operating criteria for oil and gas in place in 2015 and City of Fort Collins staff intends to comment on whether those policies are implemented at a statewide or local level. Significant costs may be incurred by the City if implemented locally rather than utilizing existing statewide resources. In addition to influencing governmental agencies at the federal level, the City can also utilize federal research, programs, and services to ensure oil and gas operations both within the City’s boundaries and at a regional level do not degrade quality of life. State Colorado permits oil and gas activity through the Colorado Oil and Gas Conservation Commission (COGCC). In addition to the COGCC, two other state agencies have a role in oversight of oil and gas operations – the Colorado Department of Public Health and the Environment (CDPHE) and the Colorado Department of Parks and Wildlife (DPW). CDPHE’s oversight is focused upon the potential and actual impacts of oil and gas activity on human health, specifically with regards to air and water quality. The DPW, a sister agency of the COGCC under the Department of Natural Resources, has oversight of habitat and wildlife protection. The state-level options include the following opportunities for City involvement: • Engage in stakeholder processes – As with the federal level engagement opportunities, the City can participate in stakeholder processes to affect the rules at the state level that affect oil and gas operations. • Local Government Designee – This tool establishes a staff representative who participates in the state’s review of oil and gas applications and provides local comments onto the oil and gas applications at the state level. • Intergovernmental Agreement (IGA) with the state – An IGA could allow for the City to have inspection authority, which would increase the oversight of oil and gas operations within city limits. COPY COPY COPY COPY December 4, 2012 -3- ITEM 26 • Advocating for legislative change – The City can engage in legislative discussions to influence the state and other municipalities. Fort Collins’ Legislative Policy Agenda calls for supporting legislation to provide communities with more tools to address the industry and more power over local land use. • Designated Outside Activity Areas – This tool allows for an area, e.g., City Park, to receive the same 350- foot setback that high density areas receive. The City applies for this designation through the state on areas in the City that meet certain qualifications, e.g., a certain number of users per day or per year. Longmont has successfully received approval for two City park complexes. Regional Regional solutions include addressing some impacts of oil and gas activity collaboratively with other local governments. These collaborations include hiring a shared inspector to effectively balance the ability to inspect local wells with the number of existing wells and anticipated activity. Staff initiated conversations with several jurisdictions about sharing an inspector. The regional level also presents a partnership opportunity with other municipalities, counties, and researchers to address issues that go beyond our city borders, e.g., air quality. Intergovernmental agreements to share monitoring resources and equipment for air quality are one tool the City could explore. From a research perspective, faculty at Colorado State University is examining air emissions from well sites in Garfield County beginning in spring 2013 through fall 2015. The results of this study, funded jointly by the County and industry, are anticipated to provide a better understanding of the toxicity of well emissions. Staff met with the faculty associated with this study, as well as others at CSU who are examining air emissions and regional impacts from oil and gas operations, and will utilize the lessons learned from these research efforts to recommend changes to local regulations. Local The local solutions include at least five mechanisms to address oil and gas operations to ensure community concerns are addressed and residents’ quality of life is protected: • Local Government Designee – This tool establishes a staff representative who participates in the state’s review of oil and gas applications and provides local comments onto the oil and gas applications at the state level. • Operator Agreements – A negotiated agreement between the City and any operator wishing to conduct oil and gas operations in the City. The agreement could include additional, prescriptive requirements such as enhanced baseline and ongoing monitoring. • Intergovernmental Agreement with the state – An IGA could allow for the City to have inspection authority, which would increase the oversight of oil and gas operations within city limits. It also provides opportunities for partnering with our surrounding municipalities on a regional basis for inspection authority. • Surface Use Agreements –A negotiated agreement between the landowner and any operator wishing to conduct oil and gas operations providing another mechanism to obtain enhanced conditions. • Land Use Regulations – A set of regulations and control mechanisms that are protective of public health and the environment. The Land Use Code amendments before Council include Option A (a dual-track development review process) and Option B (a single-track development review process). The regulatory options are described in greater depth below. Land Use Regulations – Review Processes Two options are presented related to Land Use Code regulations: • Option A: Dual-track development review process, which includes both an expedited and standard review process • Option B: Single-track development review process – This option combines the prescriptive criteria in the expedited review track with the standard review process. Under this option, all development review COPY COPY COPY COPY December 4, 2012 -4- ITEM 26 applications would be processed under a single review track and required to meet the same criteria. All decisions would be made by the Planning and Zoning Board. The review processes for the dual-track development review processes are outlined in Table 1 below (see Table 2 for the single-track review process). The Standard Review process requires the operator to locate a well and operate in a manner that does not degrade quality of life (e.g., adjacent land uses, natural resources, water quality, air quality, visual and scenic resources, etc.). The Standard Review process also requires operators to attend a neighborhood meeting and a hearing in front of the Planning and Zoning Board, pursuant to the Type 2 standards currently outlined in the Land Use Code. The regulations outlined in the Standard Review process however, are more goal-based than prescriptive. Alternatively, the Expedited Review process requires operators (who voluntarily choose this option) to meet specific, objective criteria prescribed in the review process. By meeting these more prescriptive standards, staff proposes that public comments only be taken in a written format and that the Director of Community Development and Neighborhood Services has the final decision-making authority. This dual-track review process is a model utilized by other local governments to address oil and gas development and has achieved some success in engaging operators in meeting specific objective criteria. Table 1: Option A: Dual-track review process, including the standard and expedited review processes, notice requirements, and decision-making authority. Element Standard Review Process (Type 2 Review) Expedited Review Process (Basic Development Review) Regulations Must locate a well and operate in a manner that does not degrade quality of life Must meet ALL specific, prescriptive criteria Notice Requirements Notification sent when an application is received, prior to a neighborhood meeting and prior to the hearing Notification sent when an application is received and if an application is approved Public Comments Written comments can be provided prior to or at the public hearing Residents and affected parties can testify at the public hearing Written comments can be provided after the notification that an application has been received Decision-making authority Planning and Zoning Board approval Director approval Setbacks If not located on an existing well pad, all operations must be 500’ from an occupied structure, water well, Natural Area or City Park and 150’ from any property line Appeals Decisions are appealable to City Council Decisions can be appealed in District Court Table 2: Option B: Single-track review process Element Review Process Regulations Must meet ALL specific, prescriptive criteria Notice Requirements Notification sent when an application is received, prior to a neighborhood meeting and COPY COPY COPY COPY December 4, 2012 -5- ITEM 26 Appeals Decisions are appealable to City Council Land Use Regulations – Proposed Standards All new oil and gas operations will be subject to the requirements in either the standard review or expedited review track, (Table 3) unless Option B is adopted by Council and then the standards in expedited review will prevail. Common areas for oil and gas operators to address in submittals include air quality, water quality, and natural resource protection. Within each area the standards differ based upon the review process. The conditions offered for standard review consist largely of plans and information about proposals for preventing or mitigating community impacts. Table 3: This table outlines the standards for air quality, water quality, natural resources standards, general standards and reciprocal setbacks associated with both the standard and expedited reviews. Regulation Option A Option B Standard Review Expedited Review Air Quality Minimize all emissions 95% VOC (Volatile Organic Compounds) destruction 98% VOC destruction 98% VOC destruction Flares and combustion devices -No open flares -Automatic flame ignition system -No open flares -Automatic flame ignition system with surveillance -No open flares -Automatic flame ignition system with surveillance Pollution Prevention -Leak Detection Program Required -Air Quality Mitigation plan required - Leak Detection Program required -Reduce methane emissions during maintenance -Air Quality Mitigation plan required - Leak Detection Program required -Reduce methane emissions during maintenance Containment Must ensure no significant degradation Require Closed Loop Pitless systems Require Closed Loop Pitless systems Pneumatic Controllers Must ensure no significant degradation Use no or low bleed devices Use no or low bleed devices Electric Engines Required for pumping units and COPY COPY COPY COPY December 4, 2012 -6- ITEM 26 Regulation Option A Option B Standard Review Expedited Review Water Quality Water Quality Monitoring Plan Must ensure no significant degradation of water quality Baseline monitoring within ½ mile: -Sample four sites -Sample multiple aquifers -Sample up and down gradient Baseline monitoring within ½ mile: -Sample four sites -Sample multiple aquifers -Sample up and down gradient Conduct Subsequent Monitoring Must ensure no significant degradation of water quality Monitor at same locations 1, 3, and 6 years after well completion Monitor at same locations 1, 3, and 6 years after well completion Soil Gas Monitoring Must ensure no significant degradation of water quality -Monitor soil gas within 90 days of well completion -Results may trigger additional groundwater monitoring -Monitor soil gas within 90 days of well completion -Results may trigger additional groundwater monitoring Natural Resources Natural Resources Protection Must ensure no significant degradation -Must be set back 500 feet from a waterbody, stream, wetland, Natural Area or Park -Compliance with all buffer standards -Cannot qualify if within 500 feet of a waterbody, stream, wetland, Natural Area or Park COPY COPY COPY COPY December 4, 2012 -7- ITEM 26 Regulation Option A Option B Standard Review Expedited Review Noise Use an acoustically insulated cover to enclose the motor or engine All production equipment used shall comply with the noise levels in our Municipal Code in residential zones Reciprocal setbacks – applies to future residential development proposals in proximity of oil and gas operations Abandoned and plugged wells Setback ranges from 20-50 feet from the abandoned and plugged well, based on screening, berming, and fencing options Any oil and gas well that has not been plugged and abandoned Setback ranges from 150-250 feet from all other wells, based on screening, berming and fencing options From a safety perspective, the minimum setback should never be less than 150’ FINANCIAL / ECONOMIC IMPACTS Adoption of the Land Use Code regulations, in either Option A or Option B will require interdisciplinary oversight in the development review process beyond the typical development review process. For example, additional staff time from representatives from Environmental Sustainability and Utilities will be required to evaluate the air and water quality elements of any proposed oil and gas operation. If Council indicates staff should continue to pursue the non-regulatory options, e.g., the Local Government Designee, Intergovernmental Agreements for inspection authority, etc., then the financial requirements from the City will increase. Funds for these efforts have been allocated through the 2013-2014 Budget (Offer 197.2 Oil and Gas Liaison). ENVIRONMENTAL IMPACTS While the proposed Land Use Code regulations are designed to protect the City’s quality of life, sense of place, and public health, oil and gas drilling within the city still could have significant impacts on air quality and water quality, and there is also concern about the increased risk of spills and releases of hazardous materials due to an increase in use, storage and transportation of such materials. In addition, there are high volumes of truck and heavy equipment associated with oil fields. In addition to these impacts, well pads and service roads are fragmenting wildlife habitat, on a massive scale in northeastern Colorado and in other communities throughout the western United States. The City’s Natural Areas, both within and outside of the City, are threatened by this fragmentation. While there is conflicting technical information regarding air and water quality threats, there is little doubt that oil and gas drilling would negatively affect the environment in the community and does not support the City’s goals for sustainability. STAFF RECOMMENDATION Staff presents the following options to the Council for consideration: Option A: Dual-track development review process This option includes both expedited and standard review. • The expedited review track requires operators to meet specific, objective criteria and agree to increased setbacks, e.g., 500 feet from an occupied structure, water body, natural area, or City park and 150 feet from any property line. By electing to meet these more prescriptive standards, a public hearing and neighborhood meeting are not required. Instead, notification is provided when an application is received, and if an COPY COPY COPY COPY December 4, 2012 -8- ITEM 26 application is approved. Written comments can be submitted to the Director during the review process. The Director has the final decision-making authority. • The standard review track requires the operator to locate a well and operate in a manner that does not significant degrade our quality of life. All standard review applications are subject to a neighborhood meeting and a public hearing before the Planning and Zoning Board. All Board decisions are appealable to the City Council. Option B: Single-track development review process This option combines the prescriptive criteria in the expedited review track with the standard review process. Under this option, all development review applications would be processed under a single review track and be required to meet the same criteria. All decisions would be made by the Planning and Zoning Board. Option C: Moratorium Local governments have considered the use of moratoriums to prevent new oil and gas operations within their jurisdictions, citing the need to craft and adopt local land use regulations and/or to allow the state to address its rulemaking process as it relates to setbacks and water quality regulations. Current State Efforts Related to Oil and Gas regulation The Colorado Oil and Gas Conservation Commission is currently addressing its rules by considering amendments to water sampling and monitoring as well as addressing well setbacks and noise. The City secured Party Status for both rulemaking hearings, making Fort Collins the only city with such status and providing the City with an opportunity to submit comments on the state’s proposals, recommend alternatives, and a greater length of time to speak before the Commission. The state is reviewing its existing setback rules. New rules are anticipated to be in place early in 2013. Setbacks for new wells from existing homes are an important consideration for several reasons – there is uncertainty about emissions from well sites and the process of drilling and maintaining a well site could cause noise, traffic and light impacts. The current setbacks for new wells are 150 feet from an occupied structure, 350 feet from a high density area and 500 feet from some structures like hospitals, schools, and nursing homes. Many groups recommend increasing the state setbacks from homes to 1,000 or even 2,000 feet. The City of Fort Collins will seek additional setback distance, greater powers for residents in influencing site location proposals, and protection for community assets like natural areas and parks. Water quality is another area that the Commission is currently addressing. The proposal under consideration adopts an industry-sponsored voluntary program and makes that program mandatory. Under the program, baseline groundwater quality samples will be collected from two existing groundwater features, such as permitted and registered groundwater wells or groundwater seeps and springs, which are located within 1/2 mile of the surface location of new oil and gas well pads, or additional wells on existing well pads. These samples will be collected before drilling begins. A second sample will be collected from each groundwater feature within one to three years after drilling is completed. If the state’s rules on water quality monitoring are amended, the City may also need to modify proposed Land Use Code regulations as presented in Option A or B or in development submittal requirements. Staff also requests direction on suggested state, regional, and “other” local options, including: • Engage in stakeholder processes • Continue with Local Government Designee • Pursue an intergovernmental agreement with the State for inspection authority • Pursue an intergovernmental agreement with the County for the GMA • Advocate for more legislative change • Consider entering into an operator agreement with the producer of the Fort Collins Field • Develop a “model” surface use agreement that can be used for any city-owned lands COPY COPY COPY COPY December 4, 2012 -9- ITEM 26 BOARD / COMMISSION RECOMMENDATION City staff presented the proposed Land Use Code regulations and associated non-regulatory options to numerous City boards and commissions. Formal recommendations were made by the Water Board (8-1), the Natural Resources Advisory Board (6-1), and the Air Quality Advisory Board (7-0) to support the Standard (Type II) and Expedited (Basic Development Review) processes and associated regulations. The Land Conservation and Stewardship Board voted 6-0 to support the use of standard review when considering applications on City-owned Natural Areas. The Board further recommended a six month temporary moratorium on new oil and gas applications to provide staff with additional time to develop additional options. While the Air Quality Advisory Board indicated support for the Standard and Expedited review, the Board also expressed additional non-regulatory options that staff should pursue. These recommendations are included in Attachment 14. PUBLIC OUTREACH A multidisciplinary City staff team worked to develop an understanding of the oil and gas industry, community concerns related to industry practices, and the statewide regulatory processes in place. This group researched industry exploration and extraction practices, working closely with peer municipalities throughout the Front Range to identify and incorporate the best practices of other Colorado municipalities into local regulation of the industry. The research process included local focus group meetings, formation of an Oil and Gas Advisory Committee that included representatives from eight City boards and commissions, talking with state experts and meetings with Colorado State University professors and researchers, Colorado Oil and Gas Conservation Commission staff, and the local oil and gas operators. The Oil and Gas Advisory Committee was created to gather input from a diverse group of boards and commissions. The group met three times as public meetings and provided input to staff on draft regulations. The Committee included self-selected representatives from eight City boards and commissions, including the Air Quality Advisory Board, Economic Advisory Commission, Energy Board, Land Conservation and Stewardship Board, Natural Resources Advisory Board, Parks and Recreation Board, Planning and Zoning Board, and Water Board. Staff conducted meetings with small groups of interested citizens. Residents of the Hearthfire subdivision met with staff and continued to communicate over the course of the project. Outreach included a focus group with representatives of local environmental groups before and after the development of draft regulations. Staff met with Don’t Frack the Fort, a group generated by mutual concern over hydraulic fracturing in the community, four times. Staff attended numerous public meetings on the subject of oil and gas development hosted by other groups. ATTACHMENTS 1. Maps associated with Oil and Gas activity 2. Council Work Session Summary, August 14, 2012 3. Matrix comparing best practices of communities 4. Oil and Gas Manual* 5. Oil and Gas Development Review Guide* 6. Advisory Group Summary 7. Letter to Larimer County 8. Public Comments 9. Planning and Zoning Board minutes, November 1, 2012 10. Water Board minutes, October 18, 2012 11. Water Board memo re: proposed Land Use Code regulations 12. Land Conservation and Stewardship Board minutes, October 10, 2012 13. Land Conservation and Stewardship Board minutes, November 14, 2012 COPY COPY COPY COPY December 4, 2012 -10- ITEM 26 14. Natural Resources Advisory Board minutes, October 17, 2012 15. Air Quality Advisory Board minutes, October 15, 2012 16. Air Quality Advisory Board minutes, November 19, 2012 17. Powerpoint Presentation (*NOTE: Attachment 4, Oil and Gas Manual, and Attachment 5, Oil and Gas Development Review Guide, are draft documents and only illustrate Option A, the dual-track review process. If Option B is adopted by Council, the documents will be revised accordingly.) ATTACHMENT 2 1 1 Second Reading of Ordinance No. 145, 2012, Establishing a Moratorium on Oil and Gas Extraction Laurie Kadrich, Director, Community Development & Neighborhood Services Dan Weinheimer, Policy and Project Manager City Council Hearing December 18, 2012 2 Moratorium Summary • First Reading adopted December 4, 2012 • 6-month duration; 12-28-12 to 6-30-13 • Within the City; – Or on City-owned Parks and Natural Areas Purpose to study impacts, gather new information • New rules: Colorado Oil and Gas Commission • Changes and/or amendments to Land Use Code ATTACHMENT 3 2 3 Current Efforts Oil & Gas Regulation Colorado Oil and Gas Commission • Topics: – Water Sampling and Monitoring – Well setbacks and noise • Hearings scheduled; November, December and January, 2013 • City has rule-making status 4 Summary of City Council rule- making direction • Council direction passed December 4, 2012  Notice and meeting required  1000’ setback from residential & further study  Local control to reduce setback  Industrial zoning or others  Prohibited in natural areas and parks 3 5 Recommendation • Staff Recommends that City Council adopt Ordinance No. 145, 2012 on 2nd Reading ORDINANCE NO. 145, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATIONS, AND OTHER APPLICATIONS SEEKING APPROVAL TO CONDUCT OIL AND GAS EXTRACTION OR RELATED OPERATIONS WITHIN THE CITY OF FORT COLLINS WHEREAS, the City Council recognizes that the oil and gas industry is important to the Fort Collins community, and also recognizes the important of minimizing, through appropriate regulation, the adverse impacts that oil and gas exploration and extraction or any other industry may have on the health, safety, and welfare of the City and its citizens; and WHEREAS, there has been growing interest in the exploration of oil and gas resources underlying portions of the City, including property owned by the City; and WHEREAS, oil and gas exploration, extraction, production, transportation and related operations and activities, including, without limitation, all those oil and gas activities regulated by the Colorado Oil and Gas Conservation Commission (collectively AOil and Gas Uses@) may negatively impact Fort Collins citizens and the use and integrity of local water supplies and water infrastructure, air quality, roads and transportation infrastructure, wastewater infrastructure, land resources, wildlife and aesthetic values; and WHEREAS, the health and safety issues presented by the exploration for and extraction of liquid and gaseous hydrocarbon resources and related activities may not be adequately addressed in the City's zoning and land use regulations and it is imperative that those regulations be reviewed in light of current regulatory best management practices consistent with the Colorado Oil and Gas Conservation Commission (ACommission@) Rules and with industry technologies to determine whether they are sufficient to protect the public health, safety, and welfare, or whether different or additional regulations are necessary to address the impacts of such activities; and WHEREAS, if land use applications, permit applications, or any other applications for Oil and Gas Uses are approved within the City limits before City staff and the City Council have an opportunity to thoroughly examine the impact of such uses and take all steps necessary to protect the public health, safety, and welfare, irreparable harm may be done to the residents of the City; and WHEREAS, municipalities throughout Colorado are struggling to address the potential adverse impacts of proliferating Oil and Gas Uses in urban and suburban environments on their citizens= health, safety, and welfare, and several municipalities have enacted moratoria to allow a period of time to evaluate those impacts of Oil and Gas Uses in order to assess and determine the appropriate local regulation of such; and WHEREAS, although staff has, at the direction of City Council, been diligently researching best practices in this area and has prepared proposed new regulations, additional research and review are necessary in order for the City Manager and City Attorney and their -2- respective staffs to clarify the extent of the City=s legal authority with regard to local regulation of such Oil and Gas Uses and to formulate any recommended amendments to the City Code to deal with those uses in an appropriate manner; and WHEREAS, the Commission is presently engaged in a rule making proceeding that may result in new regulations being established; and WHEREAS, in preparing its regulations, the City should consider such new rules as may be promulgated by the Colorado Oil and Gas Conservation Commission; and WHEREAS, the imposition of a six seven-month moratorium on the submission, acceptance, consideration, and approval of any and all applications for City licenses, permits and other approvals related in any way to Oil and Gas Uses within the City, except on existing well heads, will allow City staff and the City Council the time needed to further investigate the extent of City=s authority to regulate such uses, to consider any new regulations adopted by the Commission, and to develop and implement appropriate regulations; and WHEREAS, six seven months is a reasonable period of time and is no longer than necessary for the City to determine the extent to which Oil and Gas Uses may be locally regulated and to properly investigate, develop, and, if appropriate, adopt and implement any local regulations related to Oil and Gas Uses in Fort Collins in order to protect and preserve the public=s health, safety and welfare; and WHEREAS, existing Oil and Gas Uses in Fort Collins will not be unduly prejudiced by the imposition of such a moratorium, since the ongoing operation of such uses will not be prohibited or terminated by this moratorium; and WHEREAS, Colorado Revised Statutes Section 31-25-216 provides that the City has “full police power and jurisdiction and full municipal control and full power and authority” to manage, control, and improve and maintain any parks acquired by the City outside of the City’s municipal limits; and WHEREAS, the City’s natural areas that are open to the public fall within the purview of Section 31-25-216 C.R.S.; and WHEREAS, accordingly, the City Council has further determined that this moratorium should apply to all City-owned parks and natural areas outside of the City limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the preceding recitals contained in this Ordinance are hereby adopted and incorporated by reference as findings of fact of the City Council. -3- Section 2. That the City Council further hereby finds as follows: a. That the submittal of land use applications, permit applications, or applications requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits may be imminent, and that the City=s existing regulations in this area do not adequately take into consideration current industry technologies so as to properly mitigate the impacts of these types of activities, to protect and preserve the public health, safety, and welfare. b. That a six seven-month moratorium on the acceptance or processing of any land use application, permit applications, or any other application requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits, is necessary and reasonable for the purpose of studying the impacts of these types of uses and new rules expected to be promulgated by the Colorado Oil and Gas Conservation Commission, and determining whether additional land use and zoning regulations are necessary to protect and preserve the public health, safety, and welfare. Section 3. That, to address this situation, there is hereby imposed, as of midnight December 28, 2012, a moratorium on the acceptance or processing of any land use application, permit application, or any other application requesting approval to conduct an Oil and Gas Use within the City limits and within any City-owned parks or natural areas outside of the City limits that are open to the public; provided, however, that this moratorium shall not apply to applications to conduct maintenance operations on oil and gas wells existing in the City as of December 4, 2012. This moratorium shall terminate as of midnight June 30 July 31, 2013, or on such earlier date as may be established by the City Council by ordinance.upon the receipt by the City Council of a recommendation from City staff and legislative action taken thereon by the City Council, whichever shall first occur. Section 4. That this Ordinance shall control over any conflicting ordinance of the City, but only to the extent of the conflict. Section 5. That if any section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affecting the validity or constitutionality of and shall be severable from the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each part or parts hereof irrespective of the fact that any one part or parts may be declared unconstitutional or invalid. -4- Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Karen McWilliams AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 25 SUBJECT First Reading of Ordinance No. 153, 2012, Designating the Whitcomb Street Historic District as a Fort Collins Landmark District, Pursuant to Chapter 14 of the City Code. EXECUTIVE SUMMARY The Whitcomb Street Historic District contains 14 properties, which, together, form a cohesive entity associated historically, architecturally, and developmentally with the 100 block of South Whitcomb Street. The proposed district is generally bound on the north by Mountain Avenue, on the south by Oak Street, and by alleys on the east and west sides. It consists of the twelve properties that comprise the 100 Block of South Whitcomb Street and two properties historically associated with the 100 Block of South Whitcomb Street, now addressed as 601 West Mountain Avenue and 612 West Oak Street. The period of significance dates from the oldest construction in 1889, to 1940, when the newest of the historic dwellings was built on the last subdivided lot, seventy-two years ago. Owners of ten of the fourteen properties have consented in writing to establishment of the Whitcomb Street Historic District, desiring to protect their investments from redevelopment activities and to become eligible for financial programs available to historic properties. Owners of four properties are in opposition to the district, preferring to not have additional restrictions placed on their properties, including review of exterior alterations or demolitions. BACKGROUND / DISCUSSION At the April 11, 2012 Landmark Preservation Commission meeting, Mr. Kevin Murray formally submitted an application for the Whitcomb Street Historic District, on behalf of himself and other property owners within the proposed district. Subsequently, the Commission held hearings to consider the proposed district on August 8, 2012 and on October 10, 2012. At its October 10, 2012 hearing, the Landmark Preservation Commission found that the area proposed for designation forms a cohesive unit; that a large percentage of the primary historic resources within the district are contributing to the district; that the district contains a preponderance of integrity, and that the district is historically and architecturally significant to Fort Collins under all three Standards. The Commission voted 7-0 to adopt Resolution No. 3, 2012, recommending that Council approve the designation of the Whitcomb Street Historic District as a Fort Collins Landmark District. All of the properties comprising the Whitcomb Street Historic District, with the exception of a new residence at 122 South Whitcomb Street, currently under construction, qualify for designation under Standards 1 and 2 (social/developmental history and significant people). Under Standard 3 (architecture), all of the properties qualify except for 122 South Whitcomb and the dwelling at 113 South Whitcomb Street, significantly altered through a pop-up addition circa 1994. FINANCIAL / ECONOMIC IMPACTS Recognition of the Whitcomb Street Historic District as a Fort Collins Landmark District enables owners of the thirteen contributing properties to qualify for federal, state and local incentive programs available only to designated properties. Additionally, based upon research conducted by Clarion Associates, and the experience of the Sheely Drive Historic Landmark District, it is likely that all property owners, including the owners of the new residence at 122 South Whitcomb Street, would see an increase in property value following landmark district designation. Clarion Associates attributed this increase to the fact that future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. December 18, 2012 -2- ITEM 25 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its October 10, 2012 hearing, the Commission by a vote of 7-0, adopted Resolution No. 3, 2012, recommending that Council designate the Whitcomb Street Historic District as a Fort Collins Landmark District. PUBLIC OUTREACH Staff has held several meetings with owners of the Whitcomb Street District properties and interested citizens, including two Neighborhood Meetings, on August 30, 2012 and October 8, 2012, and numerous individual and small group meetings. Meetings were also hosted by Whitcomb Street property owners, including two attended by Historic Preservation staff, on May 15, 2012, and in June, 2012. Additionally, an email list of all property owners and interested citizens was maintained, and all were copied on pertinent emails and correspondence. ATTACHMENTS 1. Landmark Preservation Commission Resolution No. 3, 2012 2. Nomination for Landmark District Designation of the Whitcomb Street Historic District 3. Staff Report, October 10, 2012 4. Memorandum from Sherry Albertson-Clark, CDNS Interim Planning Director, dated October 2, 2012 5. Letters presented to LPC at its October 10, 2012 Hearing 6. Letter of Support from Senator John Kefalas 7. “What is a Historic District?” Informational sheet prepared by Historic Preservation staff 8. Minutes of October 10, 2012 Landmark Preservation Commission Hearing 9. Powerpoint presentation ATTACHMENT 1 Revised 09-2004 Page 1 Fort Collins Landmark District Designation LOCATION INFORMATION: District Name: Whitcomb Street Historic District, consisting of the following properties: 105 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 108 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 112 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 113 South Whitcomb Street (Contributing to the District under Standards 1 and 2) 117 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 118 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 121 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 122 South Whitcomb Street (Not Contributing) 125 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 126 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 129 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 130 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 601 West Mountain Avenue (Individually Designated Fort Collins Landmark, and Contributing to the District under Standards 1, 2, and 3) 612 West Oak Street (Contributing to the District under Standards 1, 2, and 3) Legal Description: See attached Boundary Discription and Exhibits for the legal description of the proposed district. The District includes all primary residences and secondary buildings located within the described district boundary. CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY: Name and Title: Kevin Murray, Owner, Empire Surveys Address: PO Box 245, Bellvue, Colorado 80512 Phone: (970) 493-3499 Email: empire@verinet.com Relationship to Owner: Owner of 117 South Whitcomb Street Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 ATTACHMENT 2 Revised 09-2004 Page 2 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the area being proposed as the Whitcomb Street Historic District correspond to the legal description attached to this document. This Fort Collins Landmark District will encompass fourteen properties, which together form a cohesive unit historically, architecturally, and developmentally associated with the 100 block of South Whitcomb Street. The proposed district is generally bound on the north by Mountain Avenue, on the south by Oak Street, and by alleys on the east and west sides. SIGNIFICANCE Properties that possess exterior integrity are eligible for designation as Fort Collins Landmarks or Fort Collins Landmark Districts if they meet one (1) or more of the following standards for designation: Standard 1: The property is associated with events that have made a significant contribution to the broad patterns of history; Standard 2: The property is associated with the lives of persons significant in history; Standard 3: The property embodies the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; Standard 4: The property has yielded, or may be likely to yield, information important in prehistory or history. STATEMENT OF SIGNIFICANCE The Whitcomb Street Historic District is historically significant under Fort Collins Landmark Standard Number 1, for its association with the development and social history of Fort Collins. Research into the property owners and tenants indicate that this block is particularly reflective of historic upper middle class residential life in Fort Collins. Its association with prominent residents, such as County Commissioner Aaron Kitchel, brothers Judge Horace I. Garbutt and Attorney Newton C. Garbutt, City Constable William T. Shortridge, Representative Thomas J. Montgomery, and Deputy Assessor (later County Assessor) Stewart C. Case, for whom Stewart Case Park is named for, makes the district significant under Fort Collins Landmark Standard 2. Additionally, a prevalence of the residential dwellings within the district, including the individually designated Queen Anne residence at 601 West Mountain Avenue, are architecturally significant under Fort Collins Landmark Standard 3. The proposed landmark district provides a representative collection of Late 19 th and Early 20 th Century one- and two-story residences and historic outbuildings, with a mix of Queen Anne, Craftsman and Minimal Traditional architecture. The period of significance dates from the oldest construction, in 1889, to the newest built in 1940 on the last subdivided lot. During this span of dates, especially between the period from 1900 to 1930, the city experienced unparalleled growth and prosperity, which necessitated a rapid expansion in land annexation and residential construction. The builders of the Whitcomb Street residences designed these homes for upper middle class families. Many of these homes were inspired by the high-style architectural details of adjacent houses on Mountain Avenue, but they understood that modesty in size and style did not mean loss of comfort or individualistic details. The residents, too, as they Revised 09-2004 Page 3 moved in and out of the neighborhood, perhaps also looked at those houses and aspired to a corresponding higher socio-economic standard. The range of occupants is reflective of the social and demographic changes during the first decades of the 20 th century. Many of the early residents were locally prominent, including Aaron Kitchel, Horace and Newton Garbutt, and Stewart C. Case, while later residents were a mix of owners and renters who had a variety of occupations, such as salesmen, clerks, butchers, mechanics, and students. The changes continue today, as most of the original homes have now been restored to single-family, owner-occupied dwellings, prized once again for their historic character and their proximity to the traditional center of the city. The proposed district is an important example of a residential neighborhood in the core of Fort Collins that has evolved with the times, yet managed to retain, nearly intact, its historic character. HISTORICAL INFORMATION The period between 1881 and 1909 was a time of significant growth for Fort Collins, with population increases of 48.3% between 1880 and 1890, 51.8% between 1890 and 1900, and 168.9% between 1900 and 1910. Smart real estate investors saw the possibilities and rushed to plat new additions to the original town site. One of these early annexations was the Loomis Addition of 1887, platted by pioneer businessman Abner Loomis and his future second wife Malinda Maxwell. Bounded by Laporte avenue to the north, Mulberry street to the south, Whitcomb street to the east, and Washington avenue to the west, the 88-acre subdivision occupied a large area adjoining the western edge of the growing city. A significant feature of the area is the Fort Collins Irrigation Canal, which curves through the east-central section of the subdivision, crosses, and re-crosses Whitcomb Street at different points in its course. The Loomis Addition was prime real estate, and sales agents of the time ran advertisements touting affordability and easy payment terms. As an added incentive, potential buyers were promised the ultimate raffle prize of a “$3,000 residence, with a full sized lot . . . . to purchasers of lots in the Loomis addition.” This promotional house was located at 121 North Grant Street, and at the draw in May 1888, a newcomer from Nebraska won the house (now down-graded to a value of $2,500) with all its modern conveniences. In July 1887, the Fort Collins Courier reported that eighty lots had been sold since the beginning of June, and by 1894, about fifteen houses dotted the northern and eastern edges of the addition. The man who created the Loomis Addition was Abner Loomis, born December 17, 1829. His parents moved the family from New York to Ohio in 1833, then to Iowa in 1840. Enticed by the gold rush in California, young Loomis set out for the Pacific Coast in 1850 and remained there for the next decade. He was one of many opportunists who relocated to Colorado during the Pike’s Peak excitement; he reached the Rocky Mountains in early 1860, and moved again in June of that year to the Cache la Poudre valley. Loomis, who prospected, freighted, farmed, and established a cattle ranch during the 1860s, was a contemporary of Antoine Janis, and searched for gold in Colorado with Janis in the 1860s. Loomis made enough at mining to buy land in Pleasant Valley, where he and his first wife Isabelle farmed and sold surplus food to hungry – but distant – mining camps. He entered the cattle business in 1867, and became a wealthy and successful rancher, eventually selling out in 1882 to concentrate his efforts on building up the city of Fort Collins. Loomis had become a Larimer County commissioner when the county was organized in 1864, and he held that position for the next 11 years. An astute businessman, he was one of the founders of Poudre Valley Bank, and became its president when W. C. Stover retired in 1894. Loomis held this position until his sudden death in 1904 while in Denver taking a Turkish bath asthma cure. Loomis’ funeral was a day of mourning in Fort Collins: the Fort Collins Weekly Courier reported that businesses all over town closed so owners could pay homage, and no other funeral in Fort Collins had been attended by so many people. A measure of Abner Loomis’ prominent position in city life is that not only did he have a subdivision named Revised 09-2004 Page 4 after him, he also had a street. City streets running east-west typically bore names of trees or shrubs, while streets running north-south bore names of prominent residents, including Whitcomb, Sherwood, Meldrum, Howes, Mason, Remington, Matthews, Peterson, Whedbee, Smith, Stover, and Cowan. In the Loomis subdivision, the trees and shrub streets remained the same, but the local names changed to those of national significance: Lincoln, Grant and Washington. In 1900, Fort Collins City Council approved Ordinance No. 3-1900 whereby Lincoln Avenue became Loomis avenue. This change may have been the city’s solution to remove confusion with Lincoln Avenue on the east side of the city, but it may also have been a gesture of respect for Loomis, the progressive pioneer and avid city booster. Abner Loomis never lived in his subdivision, for his own substantial house was on desirable Remington Street. Early advertisement campaigns suggest that the Loomis addition promoters had two sets of target buyers: wealthy citizens or developers who could buy several lots for investment purposes, and individuals seeking to build single houses on affordable land. While the 1887 advertisement for the subdivision touted the area as the “Capitol Hill of Fort Collins,” the actual offer was more down to earth and practical: “Lots will be offered cheap, and very easy payments.” Thus, wealthier citizens such as ex- Alderman Peterman could buy many parcels and plan to “erect several cottages” on his properties, while someone of more modest ambitions could buy a single lot, build a house on it, and either re-sell it or live in it. The 100 block of South Whitcomb Street originally had 8 lots, and the building records for most of them do not show who built or owned the houses and lots. However, the neighborhood -- at least in the early years -- clearly had a mix of residents ranging from prominent men such as Commissioner Aaron Kitchel (601 West Mountain), Judge Horace I. Garbutt (121 South Whitcomb) and Deputy Assessor (later County Assessor) Stewart C. Case (117 South Whitcomb), to insurance agent F. A. Isbell (125 South Whitcomb) and carpenter A. R. Klure and his milliner wife Ella (130 South Whitcomb). The presence of local notables may have attracted other minor dignitaries to the street: Attorney Newton C. Garbutt apparently lived next door to his brother the judge at 125 South Whitcomb; City Constable William T. Shortridge owned and occupied 117 South Whitcomb briefly, before selling the “pretty brick cottage” to Stewart C. Case; Representative Thomas J. Montgomery lived at 129 South Whitcomb until his wife Helen’s suicide in 1904. The 100 block of South Whitcomb housed respectable middle-class people in neat, stylistically contemporary homes. Although the model house at 121 N. Grant had a value of $2,500 to $3,000, the buildings on Whitcomb were smaller and more modest. Sidney J. Milligan, a prolific contractor during the first years of the 1900s, built many frame and brick houses throughout the growing city, including 129 S. Whitcomb. Many houses Milligan built between 1902 and 1906 were 4 room frame cottages that cost around $800, but he also built bigger 5 to 6 room houses with an average cost of around $1,300. The one house that seems to have been an anomaly for him was the $3,500 “modern 10 room brick residence” he built for Mr. and Mrs. S. Batterson at 402 East Oak, with a $700 brick barn on the property. 129 South Whitcomb was one of Milligan’s $900 5-room frame cottages, and is representative of other dwellings on the block. They were comfortable homes with abundant character and detailing with individualistic touches inspired, perhaps, by grander houses on Mountain Avenue. The notable citizens that originally occupied the block largely moved out during the first decade of the 20 th century, and the block settled into a rhythm of family occupancy – some new owners, many more renters – moving in and out at regular intervals. Also, the reconfiguration and subdivision of the original large eight lots began early: the Sanborn Fire Insurance Maps of 1906 show secondary structures at 118 ½ South Whitcomb and 122 ½ South Whitcomb, and later (sometime during the 1910s) 113 South Whitcomb was carved from the west end of the lot belonging to 601 West Mountain. The period between 1900 and 1910 saw Fort Collins population grow from 3,053 to 8,210, so perhaps the owners of the Mountain Avenue property thought the demand for housing would continue. However, the city population grew by just 545 people between 1910 and 1920, and there were no new annexations that decade; by Revised 09-2004 Page 5 1918, both 118½ and 122½ South Whitcomb were gone. The 1920s were a growth period again, with some “oil boom” years due to the establishment of Fort Collins and Wellington oil fields. The city added twelve new subdivisions, and on the 100 block of South Whitcomb, property owners subdivided their own lots. The owner of 601 West Mountain sold off another piece of the western end of the property, and it became 105 South Whitcomb. Similarly, 112 South Whitcomb came out of the west side of 529 West Mountain avenue, 612 West Oak was created from the north end of 129 South Whitcomb, and 520 West Oak was carved from 130 South Whitcomb. The last subdivision on the 100 block took place around 1940, with 108 South Whitcomb built on another west side piece of 529 West Mountain. Many houses have undergone additions and remodels, with most retaining their original character; one original house (122 South Whitcomb) was demolished in the spring of 2012 and its site awaits construction of a new residence. Today, after a period when many of the houses were rentals with high tenant turnovers, most of the homes are now owner-occupied. ARCHITECTURAL INFORMATION The district contains houses that average middle class citizens would have lived in during the early 20 th century in Fort Collins. These are not vernacular houses but planned structures with distinctive and careful architectural styling. Stylistic details such as the decorative brickwork, windows, and imbricated shingles show inspiration taken from the houses on Mountain Avenue, directly to the north of the Whitcomb neighborhood. The predominant architectural style is the Queen Anne, which was very popular between 1880 and 1910. In Colorado neighborhoods these houses varied wildly from the very modest to the highly ornate. The typical Queen Anne structure has a steeply-pitched hipped roof with one or more lower cross gables, at least one of which is front-facing and one that is side-facing. Instead of the classic spindle work or patterned masonry in the front-facing gable, the houses on the 100 block of South Whitcomb have patterned imbricate shingles as decoration. The houses also have differing wall textures, a hallmark of the style, and partial or entry-only one-story porches. Final elements include simple window and door surrounds and dormers. The oldest homes in the Whitcomb district are the Queen Anne houses, and they all have significant character defining features that differ from house to house. The brick Queen Anne houses are 117, 121, 125, and 129 South Whitcomb, and 601 West Mountain on the northwest corner of the designation area. Two of the brick homes (129 & 125) are covered with wood siding at present. Across the street on the east side are three wood frame Queen Anne homes at 118, 126, and 130 (122 has been demolished, but was also a similar frame Queen Anne style building). These houses share various combinations of the following architectural elements: Decorative brickwork Sandstone foundation or sills Hipped roof with lower cross gables Multiple chimneys Arched windows and/or paired windows Imbricated shingles The craftsmanship and distinctive patterns of the imbricated shingles and windows provide plentiful variation, and help give each house its own unique character. Although the four brick and four frame Queen Anne homes appear similar with offset front doors, prominent living room windows, decorative upper windows, and 12/12 pitched roofs, each also has differences that define space and line, such as an Revised 09-2004 Page 6 extended living room on one, or a lowered or raised roof line on another that shrank a room or allowed an upstairs apartment. Other residences on the block are constructed in the Craftsman Bungalow architectural style. The design of the Craftsman home stressed comfort and utility, with the use of natural materials, open floor plans, and bands of windows to take advantage of natural light. Craftsman homes were not elaborate or heavily decorated but rather well adapted to the families that lived in them. Open living rooms with a fireplace were common and made casual living easy. Typically, they were one or two story homes featuring low gabled roofs (single or double gabled) with deeply shaded porches. Occasionally, art glass and beveled glass was featured in select windows and doors. In Colorado, this style commonly features: Exposed rafter ends Clipped gables Knee brace at eaves Half timbering Large porch columns Overhang eaves A third type of residence on the block is the Minimal Traditional. Based loosely on the Tudor Revival style that was popular during the 1920s and 30s, these simple homes were built in large numbers immediately preceding and following World War II. They were economical choices for large tract- housing developments and represent a transition from the established construction periods of the Bungalow style and period cottage forms to early ranch homes. Characteristically, in this style, the narrow deep footprint of the bungalow was transformed to a square, boxy plan with small rooms situated around a core. According to the Colorado Office of Historic Preservation and Archaeology, the Minimal Traditional style is a relatively small, one-story building often with a predominant front facing gable section or gabled covered entry, echoing Tudor features. Rather than the steeply pitched roof of its Tudor predecessor, the Minimal Traditional roof pitch was low or intermediate with closed eaves and rake. A hallmark of the style is the simplified façade featuring few architectural details other than decorative shutters. Typical wall materials include cementitious and fiber shingles in an assortment of colors, brick (usually striated), wood, or metal siding, typically a replacement material. Some of the houses on the 100 block of South Whitcomb Street have been altered or modified over the years. These modifications are usually limited to porch enclosures, rear additions, window alterations, and dormer additions. As a whole, the alterations do not detract from the historic integrity of the individual residences, nor the group as a district. The set of four brick Queen Anne homes all had dormer windows that gave the illusion of a second floor, although they were in fact only attic spaces. Over the years, all four attics have been remodeled into actual living spaces; the last remodel was in 2002 at 117 South Whitcomb. All frame Queen Anne houses also had similar dormers, and they too have been remodeled into living spaces. (See individual building descriptions for details). ADDITIONAL DISTRICT INFORMATION The 100 block of South Whitcomb Street lies between West Mountain Avenue to the north and West Oak Street to the south. To the west is South Loomis Avenue and to the east is South Sherwood Street. South Whitcomb Street is approximately 100 feet wide, typical of many early streets that were designed to accommodate the wide turning radius of horse-drawn carriages. The physical street is bordered by curbs, grassy mediums with trees or bushes, and four to five feet wide sidewalks. Abner Loomis must have decided that north-south sidewalks did not need to be as wide as they had been, probably because they Revised 09-2004 Page 7 were “feeder” sidewalks to the major east-west sidewalks that went downtown, or to the cemetery. Because of this, the sidewalks on the west side of Whitcomb (in the new addition) were only four feet wide, while the sidewalks on the east side (part of the original town plat) were five feet wide. Additionally, the city blocks encompassing the 100 Whitcomb Street addresses have unpaved alleys. On the east side of the 100 block, an alley runs north-south behind the lots. Another alley runs east-west, between 113 South Whitcomb and 117 South Whitcomb, and is bisected by a north-south alley from West Oak Street that runs behind the lots on the west side of Whitcomb. Lots in the south portion of the block are approximately 50 feet wide and vary in length from 100 feet to 190 feet. Structures in the north section of the district are situated on irregularly shaped lots. The narrow but deep lots of the 100 block allow for many facades in a small area with plenty of space behind each house. Few properties have enclosed front yards, but many have privacy fences surrounding back or side yards. All of the houses have front porches or porticos, with the exception of 129 South Whitcomb and 112 South Whitcomb, which simply have front stoops with roof covers. The houses follow a similar setback from the street, which creates a pleasing uniformity. Similar house heights in the south section also add to the visual rhythm. While the houses to the north of the district do not match in form, style, or material, the street nevertheless has a pleasant, unifying feel and appearance, while maintaining individual character and historic integrity. REFERENCE LIST or SOURCES of INFORMATION McAlester, Virginia and Lee. A Field Guide to American Houses. Pages 263 – 287. Amick, Denise. Historic Landmark Designation Nomination Form: Park Street Historic Neighborhood. July 8, 2009. Fort Collins Building Permit Files. http://history.poudrelibraries.org/ Fort Collins Building Record Files. http://history.poudrelibraries.org/ The Fort Collins Express, p 1, January 1, 1888, “Two residences in the Loomis addition.” Fort Collins City Directories. http://history.poudrelibraries.org/ Historic Photographs. http://history.poudrelibraries.org/ 405 Remington Street, H11696, black and white photograph of the Abner Loomis House located at 405 Remington Street being destroyed, April 26, 1980 Fort Collins Population Trends, 1880-2000. Fort Collins History Connection: An Online Collaboration of the Fort Collins Museum and the Poudre River Public Library District. 2009. 9 July 2012. <http://history.fcgov.com/archive/cityhistory.php> Colorado Historic Newspaper Collection: Fort Collins Courier, page 8, February 9, 1888 Fort Collins Courier, page 2, Thursday, June 1, 1893 Fort Collins Weekly Courier, page 5, May 26, 1887 Fort Collins Weekly Courier, page 1, June 2, 1887 Fort Collins Weekly Courier, page 1, July 28, 1887 Fort Collins Weekly Courier, page 1, May 17, 1888 Fort Collins Weekly Courier, page 2, May 31, 1900 Fort Collins Weekly Courier, page 3, January 2, 1902, “Fort Collins’ Splendid Building Record” Fort Collins Weekly Courier, page 9, April 2, 1902 Fort Collins Weekly Courier, page 5, June 25, 1902 Revised 09-2004 Page 8 Fort Collins Weekly Courier, page 8, July 16, 1902 Fort Collins Weekly Courier, page 8, November 26, 1902 Fort Collins Weekly Courier, page 8, February 18, 1903 Fort Collins Weekly Courier, page 8, June 10, 1903 Fort Collins Weekly Courier, page 5, June 17, 1903 Fort Collins Weekly Courier, page 8, February 24, 1904 Fort Collins Weekly Courier, page 7, March 16, 1904 Fort Collins Weekly Courier, page 12, April 27, 1904 Fort Collins Weekly Courier, page 1, August 24, 1904, “Fort Collins in Mourning.” Fort Collins Weekly Courier, page 4, Wednesday, August 31, 1904, “Revered in Life, Lamented in Death.” Fort Collins Weekly Courier, page 9, September 7, 1904 Fort Collins Weekly Courier, page 1, January 4, 1905, “New Homes for New People” Fort Collins Weekly Courier, page 3, October 22, 1906, “Supreme Necessity of Experience in the County Assessor’s Office.” Fort Collins Weekly Courier, pages 1, 3, December 27, 1905, “A Seson of Great Prosperity for Fort Collins Home Builders” Cress, Dudley, Fort Collins Coloradoan, February 19, 1963, “Street Names Recall Early History.” Colorado OAHP, Minimal Traditional, http://www.historycolorado.org/oahp/minimal-traditional Fort Collins Time Line Pre-1860; Fort Collins Detailed Time Lines Queen Anne, Styles, Colorado’s Historic Architecture & Engineering – Web Guide, History Colorado: http://www.historycolorado.org/archaeologists/colorados-historic-architecture-engineering-web-guide The Railroad Era, Colorado Agricultural College, and the Growth of the City, 1877-1900; Fort Collins History and Architecture; Historic Contexts Sanborn Map Company, Fort Collins, Larimer Co., Colorado, Sheet 6 [map], 50 ft to an inch. New York: Sanborn Map Company, 1906. From the University of Colorado Boulder Libraries, University of Colorado Digital Library, Building Colorado Story by Story: The Sanborn Fire Insurance Map Collection. http://libcudl.colorado.edu:8180/luna/servlet/UCBOULDERCB1~21~21 Revised 09-2004 Page 9 LOCATION INFORMATION: Address: 105 South Whitcomb St. Fort Collins, CO 80521 Legal Description: SOUTH 25 FEET OF NORTH 105 FEET OF LOTS 1 AND 2, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Crow Residence and garage OWNER INFORMATION: Name: Daniel Chester Lane Trust Phone: (970) 407-1093 Email: Address: 301 South Loomis Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The residence at 105 South Whitcomb first appeared in city directories in 1922, with student Homer R. Crow, his wife Marvela, and another student named Frank C. Berry. The couple stayed until 1925 when they moved to 705 Stover. Lloyd Regal, a stockman, and his wife Jennie moved in that same year. Soloman Deines and his wife Lydia replaced the Regals in 1927, and in 1929, Ivan Johnson moved in with his wife Grace. Mr. Johnson was a baker at the well-known Damm's Bakery, located in the Colorado Building at 133 South College Avenue. In 1931, the Johnsons moved to 427 Canon Avenue and Mrs. Grace E. Kennedy moved into the house. Widow of Charles Kennedy, Grace was a saleswoman for JC Penney. Mrs. Kennedy moved to 130 West Laurel in 1933 and was replaced by Lucille H. Hankins, an operator for Mountain States Telephone & Telegraph Company. Three years later Ervin W. Stewart, a mechanic for Andrews Auto Company, moved in with his wife Ruby. When the Stewarts moved to 417 West Myrtle in 1938, the Harts moved in to the house and became the longest residents to date. Thomas, a deliveryman for Ricker Brothers, secured a permit from the city to enclose the front porch. In 1948, Colorado A & M student Millard W. Ickes and wife Ivy were the owners, and they lived at the house with three children. Otis Kilgore, a butcher at Fletcher’s market, moved into the house in 1952 with his wife Elizabeth. Mr. Kilgore was listed as owner of 304 Park as well. New residents appeared again in 1954, as John Q. Munro, a drilling crewmember for General Geophysical Company, moved in with wife Revised 09-2004 Page 10 Marjorie and child. Two students replaced the Munros in 1956: Lourie G. and wife Jane W. Gaschke. Just one year later William Lajaie, an agent with Rio Grande National Life Insurance, moved in with his wife Doreen and their child. In 1959, Mrs. Alva G. Keithly took over ownership. Clara was a widow, and stayed in the house until 1964, when city directories listed Goldie Waterhouse as the resident. Harry Waterhouse was listed in 1966; this may represent a relation or may be a misprint. In 1968, John Janis appeared, and then the house was vacant until 1976 when Dawna Fellows and Muriel Lewis moved in. The next year Dawna Fellows moved to 324 Park and Pam Moore moved into the house. A year after that, Emily Baker took over residence at 105 South Whitcomb, but was replaced by James Conley in 1979. The house remained a rental but was owned by a Conley until 2011, when the current owner bought the house. ARCHITECTURAL INFORMATION Construction Date: 1921 Architect/Builder: L. O. Bement Building Materials: Wood Frame Architectural Style: Bungalow Description: Constructed in 1921, this Craftsman Bungalow is a rectangular, one-story, front-gabled wood frame building clad in white asbestos shingles, and sits on a concrete foundation. Roof features include wide, overhanging eaves, exposed rafter ends, and sheet asphalt designed to look like individual shingles. A brick interior chimney is located on the gable ridge. The primary (east) elevation features two triangular knee braces, one on each end of the main gable. The primary elevation is broken into three bays and contains a central entrance. The one-story, enclosed porch has a moderately pitched front gabled roof mimicking the main gable, and has six craftsman-style multi-light windows on either side of the front door. These windows feature three small lights over two tall lights, all vertical, and the middle window of each set of three is a casement window, with the other two fixed. The north and south sides of the porch contain windows identical in size, function, and number to those on the east. Two double-hung windows flank the central door, which has three narrow, vertical lights in the upper half as well as a metal storm door. A narrow concrete path ends in two concrete steps up to the porch. The north elevation features two one-over-one double-hung windows with screens. The south elevation has three distinct windows. From east to west, the first window is one-over-one double-hung, similar to those on the north side, the second is a three vertical light hopper window, and the third is a single pane fixed rectangular window. The rear (west) elevation features decorative triangular knee brackets identical in appearance and location as those on the east elevation. The three windows are a four-by-four sliding bathroom window, a three light vertical hopper, and a rectangular, single-pane fixed window. A driveway on the north side of the house leads directly to a one-story, front gabled detached garage with vertical wood plank barn doors. To the south, a three-foot, slatted-wood fence encloses a side yard and attaches to the neighbor’s white picket fence. To the north is a short six-foot wooden privacy fence connecting the house to the garage. The front lawn is grass with one large tree, and the perimeter landscaping consists mainly of low shrubs and flowerbeds. This 1921 house is characteristic of the Craftsman style and bungalow form, popular in Colorado between 1900 and 1930. Overlapping features of both the form and style are its front-gabled roof, wide eave overhang, exposed rafter ends, and single story. Other Craftsman elements include the triangular knee braces at eaves, distinct gabled porch roof, and divided upper window lights. Alterations include the porch enclosure in 1938, cement basement in 1938, and a reroof in 2000. The front porch has gained historic significance despite being an alteration due to its early construction. Overall, the house has maintained good integrity and represents the simplicity of popular building forms appealing to the middle classes. Revised 09-2004 Page 11 REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form. November 2005. Recorders: Connie Barnett, Chris Case, Beryl Gabel City of Fort Collins. http://history.poudrelibraries.org. Building Permit Files. 11/5/1921; permit #864; owner: Bement, L. O.; permit for three-room frame bungalow 7/12/1938; permit #5356; owner: Hart, Thos M and Rachel; permit to enclose front porch 9/9/1938; permit #5451; owner: Hart, Thomas M.; permit for cement basement; 10/15/1990; permit #0901991; owner: Conley, Mike; contractor: Kahar Plumbing & Heating; permit to install new water heater 12/08/2000; permit #B0017363; owner: Conley, Michael R; subcontractor: Atlas Roofing Systems; permit to reroof 05/02/2011; permit #B1101841; owner: Trout, Sharon K; subcontractor: Benton Electric, LLC; permit for service change (same amps) City of Fort Collins. http://history.poudrelibraries.org. City Directories. 1922 R. L. Polk Directory Co’s. Fort Collins, Loveland and Larimer County Directory: p. 18: Berry Frank C student 1956 Fort Collins (Colorado) City Directory, p. 45: Ganchke Lourie G (Jane W-student) student 1957 Fort Collins (Colorado) City Directory, p. 98: Lajoie William (Doreen C) agt Rio Grande Natl Life Ins Fort Collins History and Architecture: Post World War I Urban Growth, 1919-1941 “The number of building contractors had expanded to thirty-six…Contractors included…L.O. Bement…” History Colorado, "Architecture and Engineering Guides: Bungalow." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/bungalow. History Colorado, "Architecture and Engineering Guides: Craftsman." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/craftsman. Revised 09-2004 Page 12 LOCATION INFORMATION: Address: 108 South Whitcomb St. Fort Collins, CO 80521 Legal Description: SOUTH 10 FEET OF WEST 55 FEET LOT 5 & WEST 75 FEET OF NORTH 1/2 LOT 6, BLOCK 71, FORT COLLINS Property Name (historic and/or common): Walsh Residence and garage OWNER INFORMATION: Name: Veronica and Jason Lim Phone: (970) 377-0642 Email: vlim@earthlink.net Address: 108 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Teach Piano/ Accordion lessons HISTORICAL INFORMATION The lot for 108 South Whitcomb was carved from a lot on Mountain Avenue. The home was historically occupied by middle-class families and individuals. The earliest record of residence in this home is that of Kenneth Walsh and his wife Eva in the 1948 Fort Collins City Directory. Kenneth and Eva were important members of the community and owned the "Palace Grocery and Market." Kenneth and Eva Bell contracted the Deines Brothers to build the house in 1940. The pair resided at this address until at least 1966, during which time one of their mothers lived with them in the south bedroom. Kenneth was drafted during World War II and was present at the Battle of the Bulge. After the war, he served as a butcher at Steele’s Market on Mountain Avenue. Eva Bell worked at Gas Public Service of Colorado on Mountain Avenue, where the Rio Grande Restaurant is now located. Eva Bell turned 100 on May 8 th , 2012 and still resides in Fort Collins at The Sterling House at Lemay Ave and Harmony. A widow named Grace Fortune resided with the Walsh’s between 1952 and 1960. From 1968 to at least 1979, Arnold, an equipment salesman, and Lucille Groth lived in the house. In 1980, the house was not listed in the city directories and for the years following, the house saw a high turnover of occupants. In 1981 and 1982, Christopher and Judy Mills were listed as occupants. From 1984 until 1988, a building contractor named Robert Moore lived in the house. In 1989, David, a CSU employee, and Judy Ambrosich moved in and occupied the house until at least 1992. The house was not listed in the 1992-93 city directories but was owned by Curtis Gaddis Amason. The house was occupied by Paul Simpson from 1994 until1997. The house served as a Revised 09-2004 Page 13 rental from 1999 through 2007. In 2008 the house was purchased by Veronica Lim, where she teaches piano and accordion. ARCHITECTURAL INFORMATION Construction Date: 1940 Architect/Builder: Building Materials: Wood Frame Architectural Style: Tudor Description: This 1940 Minimal Traditional style residence is a rectangular, one-story, wood frame building with a side-gabled roof covered in asphalt shingles. Roof features include a west-facing intersecting gable on the south end. It has a concrete foundation and green cementitious shingle clad exterior. The primary elevation is broken into five bays and contains an off-centered entrance to the south. The single-story, portico style porch has three cement steps with iron railings on either side that lead to the front door. A narrow concrete path leads from the sidewalk to the steps. Windows on the west elevation include one large single pane picture window on the south side of the front door. This window shows markings of replacing two double hung windows, in the same space. There is one pair of six-over-six double hung windows adorning the other side of the entry and two smaller windows farther north of the entrance. The interior ridge chimney is brick and located on the north side of the structure. The south elevation contains three six-over-six double-hung windows and two one-by-one basement windows with vertical panes. The east elevation has four six-over-six double-hung windows, three one-by-one basement windows with vertical panes, and a patio with a 5’x 2’ escape window. It opens into the basement and is partially below ground, with a wooden barrier built around the underground section. The 10’x 20’ cement patio has three iron posts with scrollwork supporting the awning and covers about two-thirds of the east façade. The north elevation has three six-over-six double-hung windows, a door with a single pane in the upper half and wood storm door, and a small porch with three cement steps with an iron railing on the east side leading to the door. There are 2’x 1’ rounded attic intake windows on the north, west, and south elevations. The garage measures 20’x 12’ and is situated to the northeast of the house, facing west, accessed by a concrete driveway. Its exterior mimics that of the residence in both material and color. It is one-story with an asphalt shingle, front-gabled roof and a large garage door with twelve fixed panes in the upper half. There is extensive landscaping around the house aside from the grassy front lawn, installed in 2008-09. The Minimal Traditional style was popular immediately around the time of World War II as an economical choice for families and a transition away from the bungalow to the ranch home. The residence contains many elements typical of the form, including its single story, small massing, and predominant front facing gable section with steep roof pitch and closed eaves. Alterations include a reroof in 2001. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, November 2005, Recorders: R Koehler, R Morrow, L Westphal History Colorado, "Architecture and Engineering Guides: Minimal Traditional." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/minimal-traditional. Revised 09-2004 Page 14 City of Fort Collins. http://citydocs.fcgov.com/?vid=2&cmd=search&scope=doctype&dt=PERMITS&dn= Neighborhood+%26+Building+Services%2FZoning&q=108+WHITCOMB. Building Permits. 04/03/2001; permit #B0101672; owner: Amason, Curtis Gaddis, Jr.; contractor: Drennen Custom Contracting; permit to reroof 9 squares Revised 09-2004 Page 15 LOCATION INFORMATION: Address: 112 S South Whitcomb St. Fort Collins, CO 80521 Legal Description: WEST 135 FEET OF SOUTH 1/2 OF LOT 6, BLOCK 71, FORT COLLINS Property Name (historic and/or common): Lyons Residence and gargage OWNER INFORMATION: Name: T. Scott Hickman Phone: Email: Address: 505 N. Big Spring Ste. 105 Midland, TX 79701 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The residence at 112 South Whitcomb first appears in two separate building permits on February 18, 1924. The first was a permit to build a four room frame house and the second to build a frame garage, both listed under owner John W. Lyons. John was not listed after 1938, but Mrs. Inez Lyons still lived at the residence and she filed a permit to reshingle the house on July 11, 1944. However, city directories list L.R. and Helen Stewart at the residence in 1940. L.R. was a meat cutter at Wolfer Cahill Grocery. In 1952, Robert and Mabel Wright, both retirees, were listed as occupants. From 1954 to 1959, Mr. H.A. McHone, another retiree, was listed at the residence with wife Beulah A. McHone. In 1960, Diana Lee Deane, a student at CSU, was added as an occupant and the McHones were listed again in 1962. From 1970 to 1972, Beulah was listed as the only occupant. From 1975 onwards, the house was primarily occupied by students. From 1990 to 1997, Elizabeth Johnson was listed as resident; she was also a co- owner of the house. At the end of 2003, tenant Susan Ring received a home occupation permit for The Animal Healer’s Quarterly, a professional office for art and writing in the production of a quarterly, periodic journal. Another permit was filed on May 23, 2008 by Walter Hickman (Elizabeth (Libbie Johnson) Hickman’s husband) to tear down the roof to the decking and reroof. Libbie (Johnson) Hickman ran in long distance competition, in the Olympics, for the United States, in 2000. The current owner is T Scott Hickman, Walter Hickman’s father, but the house serves as a rental. Libbie & Walter now reside on Grant Street. Revised 09-2004 Page 16 ARCHITECTURAL INFORMATION Construction Date: 1921 Architect/Builder: J. W. Lyons Building Materials: Wood Frame Architectural Style: Minimal Traditional Description: This early Minimal Traditional style residence is a rectangular, one-story, wood frame structure with an asphalt shingle, side-gabled roof. Roof features include closed eaves and cornice returns on the gable ends. It has a cement foundation and gray wooden horizontal siding. The primary elevation is broken into three bays and contains an entrance on the north end. The front stoop has two cement steps and a brick border that lead to a wooden front door and an aluminum screen door. Above the door is a hood supported by brackets with a bracket console and triangular-filled gable with rounded arch. Windows include two one-over-one. There are two chimneys: the first is a partially interior slope brick chimney located on the west-facing slope on the northwest end of the house and partially exposed on the north elevation, cutting through the roof. The second is an interior slope brick chimney, located on the east- facing slope on the southeast end of the house. The north elevation features two six pane windows, two basement windows, two six-over-one windows, and one 2’x 3’ boarded-up window. The east elevation has two six-over-one windows. The south elevation has two one-over-one windows, one six-over-one window, one nine pane window, and three basement windows. This elevation also features one brown wooden door and an aluminum screen door. The garage is located to the southeast of the residence, facing west, accessed by a cement driveway. It is a single-story structure with an asphalt shingle, front-gabled roof and exposed rafter ends. There are two wooden doors on the north side and one large garage door on the west side for vehicle access. There is minimal landscaping, including a grassy front lawn and a flower bed on the southwest corner of the residence. The minimal traditional architectural style was popular immediately around the time of World War II as an economical choice for families and a transition away from the bungalow to the ranch home. Common elements of the style used at 112 South Whitcomb include its small massing, boxy appearance, single story, rectangular plan, moderately pitched side-gabled roof, and closed eaves. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, November 2005, Recorders: R Koehler, R Morrow, L Westphal City of Fort Collins. http://history.poudrelibraries.org/. Building Permits. 2/18/1924; permit #270; owner: Lyons, J. W.; permit to build four-room frame house 2/18/1924; permit #274; owner: Lyons, J. W.; permit to build frame garage 7/11/1944; permit #7870; owner: Lyons, Mrs. J. W.; permit to reshingle 12/19/2003; Home Occupation permit; owner: Susan Ring, co-owner: Laura Inman; business name: The Animal Healer’s Quarterly (professional office for art/writing in production of a quarterly, periodic journal 5/23/2008; permit #B0803212; owner: Hickman, Walter; contractor: Affordable Roofing & Rmdl; permit to tear down to decking and reroof Revised 09-2004 Page 17 City of Fort Collins. http://history.poudrelibraries.org/. City Directories. 1959 Fort Collins Directory, page 117: McHone H. A. (Beulah A) retired 1960 Fort Collins Directory, page 71: Deane, Diana Lee studt CSU 1962 Fort Collins Directory, page 119: McHone H. A. (Beulah A) retired History Colorado, "Architecture and Engineering Guides: Minimal Traditional." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/minimal-traditional. Revised 09-2004 Page 18 LOCATION INFORMATION: Address: 113 South Whitcomb St. Fort Collins, CO 80521 Legal Description: SOUTH 75 FEET OF LOTS 1 AND 2, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Jones Residence and garage OWNER INFORMATION: Name: Dylan and Catherine Rogers Phone: Email: Address: 113 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION This residence first appears in Fort Collins City Directories in 1902 under Amos and Della Jones, with Amos teaching at Colorado Agricultural College. The directories list no one again until 1908 when Thomas T. Brunton, a stone quarry worker, and his wife Gertrude are occupants. Directories list the next new owner, Clara Van Slyke, in 1913, but she is soon replaced by the Remeles in 1917. In a 1909 issue of the Fort Collins Weekly Courier, Mr. G. H. Remele of St. Paul was recognized for accepting a position with the State Mercantile Company’s department store as a general salesman. The article described him as an expert dry goods man, very pleasant to meet, and a fluent speaker of German, Swedish, and other foreign languages. He later worked at Dodge Brothers Autos and Service Station. Mrs. Elma Remele was highly active in the Fort Collins social scene, member of and sometimes hostess to clubs such as the Semper Fidelis Club, the Golden Circle, and the Crepe Paper club. In addition to his activities as a salesman, George was a member of the Commercial Club. In 1917, George and Elma were living at 113 South Whitcomb and by 1919 they were residing at 222 Magnolia Street. Another two years later, they had moved from Magnolia to 1121 West Mountain Avenue. W. B. Garrett is listed as the owner on a permit to reshingle the house and add a new porch in June of 1925. Mr. Garrett was an attendant at Northern Garage. He and his wife Allie were residents from 1919 until1948. During that time, the house may have served as a rental. In 1929, William Tracy, the owner of 900 Elizabeth, was listed as a resident. In 1936, both W.B. and Mrs. Catherine Stephens are listed. Just two years later, Revised 09-2004 Page 19 W.B. is listed with George and Hazel Goldsberry. George was a salesman at Fort Collins Nash Motors, and in 1940 he and his family moved to 616 West Olive. That same year, W.B. is listed with Dewey and Delma Seaman. Dewey was a salesman at Pump Company and Delma was a clerk at the Meyer Store. By 1948, Alex and Martha E Frank had moved to Whitcomb. He was listed either as a janitor or a maintenance man at Colorado A&M and she was a food clerk at Safeway. The couple stayed until 1959 and then moved to 30 Circle Drive. Lloyd R. and Lulu B. Gillett replaced the Franks in 1960. Lloyd was retired. In 1963, Mrs. Amelia Blehm took over ownership until 1979 when she took in two boarders, Marlene Souders and her daughter Teresa. The next year Ardell and Merle Bush moved in, while Marlene is listed as the owner of Ted’s Place at 6511 North US Highway 287. In 1981, Dan Briggs moved in and took in boarder Jeff Olesen in 1985. Briggs is replaced by Susan J. Ferguson in 1986. In 1988, Susan sold the house to Kerry and Kirsten Howard. Kerry Howard was the building’s owner until 2005, during which time he replaced the furnace in 1991, added a full second story addition in 1994 with three bedrooms, a full bath, and a family room, and installed a new air-conditioning unit in 2003. Sharon Randazzo and Steve Skudler operated a musical CD production business from the home beginning in 2004. Current owner Dylan Rogers replaced the water heater in 2005, remodeled the kitchen in 2008, and reroofed the garage in 2011. ARCHITECTURAL INFORMATION Construction Date: 1910 / remodel addition 1994 Architect/Builder: Building Materials: Wood Frame Architectural Style: Hipped roof box Description: (Please include any special features of the property/surroundings, as well as dates and descriptions of any additions or alterations to the buildings or structures.) This Hipped-Roof Box style residence is a square, two story, wood frame building with a composition shingle, hipped roof. Roof features include central intersecting gables on the west and east elevations, two intersecting gables on the north and south elevations, and overhanging eaves. It has a concrete foundation and is clad in horizontal vinyl siding. Historic photographs of the building show a central hip chimney, but no evidence of the chimney remains. Each cross gable exhibits diamond-shaped imbricated shingles of contrasting blue. The one story, full width enclosed porch matches the form of the historic porch, evident in a 1925 photograph, with similar window and door placement but a hipped roofline instead of a shed orientation. The single-light glass storm door is asymmetrically placed between seven windows; the three to the south are casement windows of equal size and to the north are two smaller casement windows and two casement windows identical to those to the south. There are three casement windows on each side of the porch. There are modern Palladian windows beneath four of the six cross gables, one on each elevation. Below the window on the north elevation are two asymmetrically placed narrow casement windows, approximately six feet tall. On the far west end of the north elevation is another slender casement window two feet in height with a rectangular awning window just under the overhang of the second story. Above these two windows is a small, square casement window under a small gable dormer. The south side has three asymmetrically placed slender casement windows below the Palladian window: one separate from the other two to the west, side by side. Farther to the west is a sliding one-by-one window below a small cross gable and window identical to the north side. The west elevation features a one-by- one window to the north of a slim half-light back door, both asymmetrically placed beneath the Palladian window. A narrow concrete path accesses the three concrete steps to the front porch. Flowerbeds surround the porch foundation and one wooden trellis is located at each end of the porch. There is a three-foot white picket fence connecting the north side of the house to the garage, extending east from the front of the garage and north to the neighboring property. On the west property line is a six-foot slatted wood Revised 09-2004 Page 20 privacy fence perpendicularly attached to the picket fence and running south to the alley and east to the house, with a gate by the back door and shed. The privacy fence is situated next to the driveway of 609 West Mountain Avenue, creating a very small back and side yard for 113 South Whitcomb. Tall, thick bushes run along side the south elevation and the alley and there are substantial trees in the front, side, and back yards. The garage has a moderately-pitched, front-gabled roof with overhanging eaves and exposed rafter ends and sits northwest of the house. It has asbestos shingles on the front (east) elevation and horizontal plank wood on all other elevations. There is a small utility shed outside the rear door, approximately eight feet tall and painted to match the residence and garage. Due to extensive alterations to the original bungalow, the house retains no historical or architectural significance. The house still exhibits its original floorplan and the front porch from 1925, but a recently constructed second story diminishes most of the original one-story Craftsman Bungalow form. REFERENCE LIST or SOURCES of INFORMATION City of Fort Collins. http://history.poudrelibraries.org/. Building Permits. 6/22/1925; permit #1134; owner: Garrett, W.B.; permit to reshingling house and new porch 10/11/1991; permit #0912776; owner: Howard, Kerry; contractor: Foothills Service; permit for furnace replacement 2/21/1994; permit #0940495; owner: Howard, Kerry; permit for second story addition of 3 bedrooms full bath and family room 09/12/2003; permit #B0306023; owner: Howard, Kerry Dana; subcontractor: Climatech Heating & A/C, Inc.; permit to install AC 12/01/2004; Home Occupation License: Steve’s Musical Experience; owner: Sharon Randazzo and Steve Skudler; business: producing musical CD’s 05/16/2005; permit #B0502280; owner: Dylan, Roger; permit to replace water heater 2/11/2008; building permit application #B0800798; owner: Dylan Eric Rogers; contractor: Sudbeck Company Inc; subcontractor: Ray Electric, Northern Colorado Air, and Sudbeck Company.; permit to remodel kitchen, adding approx 22 S.F. by adding a 2’ cantilever to south side of rear entryway. Moving appliances and all new cabinets and finishes 03/21/2008; permit #B0800798 owner: Rogers, Dylan; contractor: Sudbeck Company; subcontractors: Cleaver Electric, North Colorado Air; permit for kitchen remodel and addition of 22 sq ft to south side of rear entryway 11/17/2008; letter of completion for building permit #B0800798: kitchen remodel & addition of 22 sq ft (by adding 2’ cantilever) to south side of rear entryway install new cabinets and relocate appliances; owner: Rogers, Dylan 10/14/2010; letter of completion for building permit #B1102614: tear off existing shingles to decking and reroof garage only with Owens Corning Duration Shingles – 6 squares – provide required attic ventilation – work performed by Duran Roofing; owner: Rogers, Dylan City of Fort Collins. http://history.poudrelibraries.org/. City Directories. 1917 Courier’s Larimer County Directory, p 75: Remele, George H (Elma), slsmn 1919 Courier’s Fort Collins, Loveland and Larimer County Directory, p 18: 222 Magnolia, Remele G H 1948 Polk’s Fort Collins City Directory, p 54: Frank, Alex (Martha E) Janitor military Colo A&M 1950 Fort Collins City Directory, p 80: Frank, Alex (Martha-checker Safeway) jan Military Science Bldg Colo A&M; Frank, James L. 1954 Fort Collins City Directory, p 49: Frank, Alex (Martha E-food clk Safeway) jan Colo A&M 1957 Fort Collins City Directory, p 74: Frank, Alex (Martha E clk Safeway) mtce Pub Sch 1959 Fort Collins City Directory, p 76: Frank, Alex (Martha clk Safeway) custdn Physical Plnt CSU 1960 Fort Collins City Directory, p 89: Gillett, Lloyd R (Lulu B) retired 1960 Fort Collins City Directory, p 84: Frank, Alex (Martha E checker Safeway) mtceman CSU, 30 Circle Dr. City of Fort Collins. http://history.poudrelibraries.org/. Historic Photographs. Revised 09-2004 Page 21 Colorado Historic Newspaper Collection. http://www.coloradohistoricnewspapers.org. “Mr. and Mrs. George Remele have moved from 222 West Magnolia to 1121 West Mountain.” Fort Collins Courier, p 3, 09 23 1921. “Mr. G.H. Remele of St. Paul…” Fort Collins Weekly Courier, p 17, 05 12 1909. “New Members Taken Into Commercial Club.” Fort Collins Weekly Courier, p 6, 04 12 1918. Revised 09-2004 Page 22 LOCATION INFORMATION: Address: 117 South Whitcomb St. Fort Collins, CO 80521 Legal Description: LOT 12, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Woods Residence and ancillary buildings OWNER INFORMATION: Name: Kevin and Suzanne Murray Phone: (970) 484-6966 Email: kevinsuz@wildmail.com Address: 117 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The Willits Map (1894) shows this house as one of four homes on the west side of South Whitcomb street, although the first listing did not appear until the 1902 city directory with Frank T. Woods, of the Larimer County Marketing Association, and his wife Rose. In April 1902, city constable William T. Shortridge and his wife were in residence after renting out their home on Remington street. In June, the Shortridges sold their house to chief deputy assesor Stewart C. Case. Two years later, F.K. Gifford and his wife Maude were listed at the address. Mr. Gifford was a pastor for Unity Church and the couple remained in the house until 1908. That same year William H. Randall, a member of the real estate department of Northern Colorado Securities, moved in with his wife Florence. They only stayed one year. In 1909, William H. and Amy Chipps moved into the house where they stayed until they relocated to 1102 Mathews Street in 1917. That same year George E. Graham, a painter, moved into the residence with his wife Mary. According to city directories, Graham retained ownership of the house until at least 1940, and by 1948 he is listed at 516 Mathews Street. George did some work on the front porch in 1925, re-roofed the house in 1939, and is most likely the painter that moved his storefront from North College Avenue onto the property. The other outbuildings were used for storage of the painter’s ladders and other gear at this time, as told by an old employee to the Owner in 2002. During Graham’s stay, Harold F. Bowen of Evans Bookstore is listed at the home in 1917 and George Graham is not. Two years later, Mr. Graham appears again, and Mr. Bowen has moved to 9 Long Apartments with his wife Frances. In 1948, Guy M. Dedrick took over ownership. He and his wife Grace resided in the home with their four Revised 09-2004 Page 23 children until at least 1957. Guy worked as a clerk at Steele's Cash Market then as a butcher for AJ Market, while Gracie worked as a binder for Don-Art Printing. L. Verellen, a custodian at CSU, moved in with his wife Clara in 1959. The 1975 directory lists Catherine E. Chismer along with the Verellens. Catherine is absent in 1976, but is listed again in 1977 without the Verellens. In 1978 the house is listed under Sara L. Bennett and N.M. Feddersen. In June of 1977, Caroline Urvater sold the home to Timothy S & Janelle Allen. The next year Tim & Janelle Allen took up residence in the home and remained until 1981. In March 1981, Timothy & Janelle Allen turned the property over to Janelle Allen and her mother, Elanor Wheat, of Trinidad, CO. Elanor Wheat then deeded the house to Janelle. The 1982 directory lists Janelle Allen as residing. Kurt Tidmore of AM Project Management rented from Janelle Allen while trying to purchase the house, and stayed until 1985 when David Swartz moved in for one year. The house had two new tenants named Lane Dukart and Scott Sommers in 1987. Kevin Murray bought the home from Janelle Allen in 1987. Kevin rented the home to different people till 1997, when he took up residence. No one is listed again until Debbie Buchelle and David H. Collins in 1989 and they stayed until 1991 when they are replaced by Wendy Sanem, one of three female renters. The 1993 directory lists both W. Sanem and J. Anderson. Larimer County Assessor Property Information online lists Kevin and Karen Murray on the deed to the house by that same year. In 2002, Mr. Murray remodeled the home, retaining ownership to the present day. The house is now owned by Kevin & Suzanne Murray. ARCHITECTURAL INFORMATION Construction Date: 1894 Architect/Builder: Building Materials: Brick, Stone, wood Architectural Style: Queen Anne Description: This Queen Anne style residence is a central block plan with intersecting gable wing. It is a one and one half story, wood frame structure with an asphalt shingle, hipped roof. Roof features include a tall central hip and with two intersecting gable wings. It has a stone foundation and sandblasted, common-bond, red brick exterior with patterned cream-colored shingles in the gables. The main façade is broken into two bays and contains a northern entrance. The single story, partial-width and slightly inset porch is located on the northeast corner of the house and is screened-in with textured wood shingle siding. The four chimneys are brick: one ridge chimney on the central hip, one ridge chimney on the western gable addition, one end chimney on the north elevation, and one end chimney of the south elevation. On each of the end chimneys are decorative concrete corner pieces. To the south of the porch is an arched window consisting of a single pane lunette over a single pane fixed window. A segmental pediment of brick and concrete surrounds the window. Directly above the arched window is a 16-light fixed, multicolored, stained glass window, framed in wood with corner blocks at its top corners. This window was part of an older house and included in the original construction of the residence at 117 South Whitcomb. Imbricated fishscale patterned wood shingles decorate the gable along with corner blocks at the apex and ends. A skylight sits on the central hip. The north elevation features a gable intersected by an end chimney, which was originally a windowless dormer. This feature was changed in the 2002 remodel by increasing its height to match that of the central hip. The brickwork of the chimney confirms this alteration with an inlaid cross pattern identical to its neighbor at 121 South Whitcomb. On either side of the end chimney and under the gable are single pane casement windows, both crowned with a wooden sunburst pattern. Imbricated diamond-shaped wooden shingles surround the windows and fill the gable. On the east sides of the gable is a single skylight and on the first level of the residence, on either side of the chimney, are two narrow one-over- one double-hung windows. They have external storm windows and arched, pattern brick lentils and stone sills. Beneath these windows are two basement windows, one of which is boarded up and the other resting below a concrete repair. Farther to the west are two more windows: a one-over-one double-hung window with a storm window and concrete sill and a single pane casement window with a stone sill. Revised 09-2004 Page 24 The south elevation has an end chimney at the intersection of the front gable and the central hip which cuts through the overhanging gable eave. The brick above the roof failed and previous owners reinforced it with concrete stucco. Below the roof, decorative brickwork surrounds the chimney, including a large square outlined in raised brick and filled in with alternating smooth and raised brick ends. To the west of the chimney is an intersecting gable at a lower height than the central hip with similar decorative work as the front gable. A pair of one-over-one double-hung windows is located beneath this gable with screens and arched, pattern brick lentils and stone sills identical to those on the north elevation. The south elevation continues westerly and is recessed from the central hip. A gabled dormer addition intersects the south side of the rear gable, located beside a skylight, and features a one-by-one sliding window. The gabled dormer features the same corner blocks and imbricate, diamond-shaped wood shingles as the other gables. Under this rear gable is a partially enclosed mud porch with a hipped roof, seemingly original. The porch extends around the corner to the west elevation and is clad in textured vertical wood paneling with a single one-over-one double-hung window to the west. The west elevation was altered in the 2002 remodeling. A rear hip that sat lower than the central hip was changed to a pent-roof gable, featuring alternating plain shingles and imbricate diamond-shaped shingles around a one-over-one double-hung window. An addition extended the historic rear porch. The addition includes a single pane fixed window, horizontal wood siding, and a stone foundation that differs from the original foundation. Four windows, all one-over-one double-hung, sit just below the eave and another identical window is located on the north side. The original Ice House resides in the back yard. The rectangular brick building faces east with two doors, to allow ice removal. The drains are still noticeable in the bottom of the west wall. An old storefront from College Avenue resides in the back yard too. This wood square faced store still shows the lettering “WALLPAPERING AND PAINTING” under the correct light. The original location is believed to be from the 200 block of North College Avenue, and moved to its present location in 1947. The ornate Queen Anne, a subset of the Victorian period, was popular in Colorado between 1880 and 1910. Typical elements of the Queen Anne style evident in this property include the central hipped roof with intersecting gables, sunburst detailing, patterned shingles underneath the gables, textured siding, and asymmetrical massing. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, November 2005. Recorders: C. Barnett, C Case, B Gabel City of Fort Collins Building Permit Files. http://history.poudrelibraries.org/ City of Fort Collins City Directories. http://history.poudrelibraries.org/ Fort Collins Weekly Courier, p9, 2 April 1902 Fort Collins Weekly Courier, p5, 25 June 1902 Fort Collins Weekly Courier, p3, 22 October 1906 History Colorado Engineering and Architectural Guides: Queen Anne. Revised 09-2004 Page 25 Larimer County Cterk records: Bk1777 pg 0226 -0229 (Deed of Trust); Bk 1880 Pg 312-313 (Note & Deed of Trust Modification); Bk 2105 Pg582 Warranty Deed; Bk2105 Pg 583 (Quit Claim Deed). Kevin Murray, Owner, recollections Revised 09-2004 Page 26 LOCATION INFORMATION: Address: 118 South Whitcomb St. Fort Collins, CO 80521 Legal Description: NORTH 1/2 OF LOT 7, BLOCK 71, FORT COLLINS Property Name (historic and/or common): Pierce Residence and ancillary buildings OWNER INFORMATION: Name: Lane C Kaley Phone: (970) 420-6392 Email: laneckaley@yahoo.com Address: 118 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other STATEMENT OF SIGNIFICANCE The Whitcomb Street Historic District is historically significant under Fort Collins Landmark Standard Number 1, for its association with the development and social history of Fort Collins. Research into the property owners and tenants indicate that this block is particularly reflective of upper middle class domestic life in Fort Collins. This association with early prominent residents, such as Aaron Kitchel, Horace Garbutt, and Stewart C. Case, makes the district significant under Fort Collins Landmark Stnadard 2. Additionally, a prevalence of the residential dwellings within the district, as well as the individually designated Queen Anne residence at 601 West Mountain Avenue, are architecturally significant under Fort Collins Landmark Standard 3. 118 South Whitcomb is a good example of the Queen Anne style with its sunburst detailing, patterned shingles underneath the gables, textured siding, and asymmetrical massing. The house exhibits sufficient architectural significance to qualify individually for Fort Collins Landmark Designation. It may also qualify as a contributing building in the surrounding district, if locally designated, due to its exemplification of social trends. The house has undergone alterations recently, yet they serve as an example of well-executed design compatibility. Even with these alterations, the house is a well-preserved model of Queen Anne architecture with patterned and multi-colored shingles underneath gables, spindlework in the porch frieze, multiple gables, and asymmetrical massing. Revised 09-2004 Page 27 HISTORICAL INFORMATION The house was built in 1903 but not listed in the city directories until 1908. Initially, the house was occupied by middle-class families until the mid-1950s. Since then it has been occupied primarily by students, however, periodically, the house seems to have been unoccupied. The house has usually been occupied by more than one person and/or family at a time. In 1908, the house had three separate occupants. From 1919 to 1939, the house was owned and occupied by John (a teamster for Rocky Mountain Grain and C. Co.) and Jennie Pierce. Jennie was responsible for reshingling the house in 1936 and repairing the porches and foundation in 1939. Since approximately 1956 until the present, the residence has been occupied by multiple renters and has been listed in the directories as student housing and apartments. It was briefly listed as La Grange Apartments in 1957. Otherwise, the resident turnover is very high, owing to its status as a rental. In 1965, Dorothy Jennings installed new plumbing and heating. Lane C. Kaley, commencing in 1980, began extensive projects to renovate the house. In 1980 and again in 2004, he reroofed the house. Three skylights were installed in 1996. In 2005, Kaley poured a new beam for the front porch, and reframed, re-decked, and reroofed the entire house. In 2007, he removed the lath and plaster from the lower half of the house. The entire house was rewired and plumbed in 2007, involving new insulation, sheetrock, painting and trim, new kitchen and bathrooms, and reframing of the office window. Later the same year, a 27.25’ x 22’ detached garage was constructed. ARCHITECTURAL INFORMATION Construction Date: 1903 Architect/Builder: Building Materials: Wood Frame Architectural Style: Queen Anne Description: This Queen Anne style residence is a rectangular, one and one half story, wood frame structure covered by an asphalt shingle, hipped roof with intersecting gables. Roof features include lower cross gables and cornice returns on the primary gable. It has a concrete foundation and wooden siding with multi-colored shingles of beige, green, blue, and purple in the gables of the western elevation. The primary elevation is broken into three bays and contains a southern entrance. The single story, partial-width porch is inset on the southwest corner of the residence and has a hood with console and three ornamental wooden posts and spindle ornamentation in a frieze suspended from the porch ceiling. The second story window is located directly above the first story window and both are one-over-one double-hung with simple wooden surrounds. Another window is located south of the entrance and is also one-over-one double- hung with an unadorned surround. Windows on the northern elevation consist of six one-over-one double-hung and one single pane window with wooden frames and aluminum screens. There is a centered cross gable with cornice returns. The eastern elevation has six one-over-one double-hung windows and a 17' x 10' wooden patio with two wooden steps on both the east and south sides of the patio. There is a red-painted wood entry door to the patio as well. The southern elevation has ten one-over-one double-hung windows and one single pane window. The south side has a red-painted wood door and one wood step leading to the door. There is a rectangular cement patio 8' x 15' in dimension in front of the door and a hood with brackets over the door. The patio is surrounded by an unpainted wood fence. The 8’ x 12’ one-story storage shed is located southeast of the residence. The shed is made of wood with a hipped roof and exposed rafter ends of milled lumber. A boarded-up window is located on the west side and the door is particle board. Landscaping consists of several trees and low plants around the Revised 09-2004 Page 28 perimeter of the residence. A wooden fence extends south from the residence. There is also a recently constructed two-stall garage/barn situated to the rear of the property. The ornate Queen Anne architectural style, a subset of the Victorian period, was popular in Colorado between 1880 and 1910. Typical elements of the Queen Anne style evident in this property are its central hipped roof with intersecting gables, patterned and multi-colored shingles underneath gables, spindlework in the porch frieze, multiple gables, and asymmetrical massing. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, November 2005. Recorders: R Kohler, R Morrow, L Westphal. City of Fort Collins. http://history.poudrelibraries.org/. Building Permits. 7/13/1936; permit #4324; owner: Pierce, Jennie; permit for reshingling 10/3/1939; permit #5967; owner: Pierce, Jennie; permit for repairs on porches and foundation 4/1/1965; permit #8977; owner: Dorothy Jennings; permit for plumbing and heating 6/20/1980; permit #02277owner: Lane C. Kaley; Contractor: John Hickman; permit to reroof 11/6/87; permit #28054; owner: Lane Kaley; contractor: Ted’s Electric; permit to change out old 60 amp service to one 100 amp service and new panel 11/28/1994; permit #0943782; owner: Kaley, Lane; contractor: Glanz Electrical Contractors; permit to upgrade electrical service to 125 amps and install dryer receptacle in basement 54/9/1996; permit #14270; owner: unintelligible; permit to install three skylights 5/28/2003; permit #B0303059; owner: Kaley, Lane C/Ann E; permit to replace existing sewer line 7/08/2003; permit #B0304157; owner: Kaley, Lane C/Ann E; permit to replace water line from meter to house 8/2/2004; permit #B0404945; owner: Kaley, Lane C/Ann E; permit to tear off re-deck and shingle with 23 squares; double permit fee on owner for starting work prior to permit 1/24/2005; permit #B0404925; owner: Kaley Lane C/Ann E; permit to pour new grade beam for front porch, re-frame and re-deck, re-roof entire house with 19 squares; stop work order issued – double fee (roofing only) for starting prior to permit 2/8/2005; permit #B0500557; owner: Kaley, Lane C/Ann E; permit to replace furnace and water heater 3/23/2007; permit #B0701721; owner: Kaley, Lane C; contractor: Kaley Contracting Services; permit to remove lath and plaster from lower half – house per electrical 2005 NEC 4/25/2007; B0702495; owner: Kaley, Lane C; contractor: Climatech Heating & A/C, Inc.; permit to install 75K BTU 80% furnace, a 50K BTU 80% furnace, tankless water heater and electronic air cleaner 4/26/2007; permit #B0701720; owner: Kaley, Lane C; contractor: Kaley Contracting Services; subcontractors: Liberty Electric, RPM Mechanical, LLC; permit to rewire and plumb entire house, insulate, sheetrock, paint, trim, new kitchen and baths, reframe office window 12/18/2007; permit #B0707492; owner: Kaley, Lane C; contractor: Kaley Contracting Services; subcontractors: Liberty Electric, Lane C. Kaley; permit for 27.25X22 detached garage City of Fort Collins. http://history.poudrelibraries.org/. City Directories. 1917 Courier’s Larimer County Directory, p 72: Pindell Bert (Alice), firemn, and Pindell, Nellie 1952 Fort Collins City Directory, p 90: Mize Mary wtrs George’s Place (apt) 1954 Fort Collins City Directory, p 19: Joseph Russell Jr student Colo A & M P 69: William B (Elaine M) slsmn Mont Ward P 70: George Thomas student Colo A & M P 71: Kledt Harold August student Colo A & M 1956 Fort Collins City Directory, p 17: Barnews Ronald E student (side entr) P 33: Davidson William E student (side entr) P 75: McFarlane Glen L student 1957 Fort Collins City Directory, p 12: La Grange Apartments 1960 Fort Collins City Directory, p 127: McKelvey Paul M (Nancy M) trk drvr Revised 09-2004 Page 29 1968 Fort Collins Colorado City Directory, p 254: Macedo Ronald P student CSU P 271: Mills Merle N retired 1969 Fort Collins Colorado City Directory, p 234: Martinez John Y retired City of Fort Collins. http://history.poudrelibraries.org/. Historic Photographs. History Colorado Architectural and Engineering Guide: Queen Anne. Virginia and Lee McAlester, A Field Guide to American Houses, (New York City: Alfred A. Knopf, Inc., 1984), 262-287. Revised 09-2004 Page 30 LOCATION INFORMATION: Address: 121 South Whitcomb St. Fort Collins, CO 80521 Legal Description: LOT 13, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Garbutt Residence and garage OWNER INFORMATION: Name: David and Catherine Costlow Phone: (970) 484-8423 Email: Address: 121 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION This property first appears in the 1900 Census under Horace I. Garbutt and his wife Lucy. Horace was a Civil War veteran in the Union army, and a member of the Garbutt family of the town of Garbutt, Monroe County, New York. He and his brother Newton were partners in Garbutt & Garbutt Attorneys at Law until late 1903, when Newton left the firm. It became Garbutt & Clammer Attorneys at Law and served as the county firm. Horace was eventually elected judge. Mrs. Garbutt died unexpectedly in 1902, and Judge Garbutt and his daughter Lucy moved across the street in mid-1903. Spencer Farmer, a local and prominent businessman, moved in from 1906 until 1962. He owned and operated a store at 104 East Moutain Avenue specializing in cigars, confections, stationary, books, and soft drinks, depending on what was popular at the time. Eventually he opened a café at the site, around 1940. He lived at the house until he passed away in 1962 and during his residency made several improvements and alterations. He insulated the structure, built a garage, and built an addition to the house in 1947 and in 1948, he reshingled the porch. Both Farmer and Garbutt were founding members of Elks Lodge #804. In 1990, Dave Costlaw reroofed the structure. In 2004, he built a substantial two-story addition with basement to the rear of the existing two-story house, and remodeled the kitchen. Revised 09-2004 Page 31 ARCHITECTURAL INFORMATION Construction Date: 1894 / remodel 2004 Architect/Builder: Building Materials: Brick/Stone Architectural Style: Queen Anne Description: This Queen Anne residence is a roughly square, one-and-one-half story, wood frame structure covered by asphalt shingled centrally hipped roof with intersecting front and side gables. Roof features include intersecting cross gables and a gable situated on the central hip, along with varying shingle and siding patterns underneath the cross gables. It has a concrete foundation and an exterior of stone covered in stucco and shingles or siding in the upper half. The primary elevation contains an entrance to the south. The one story, full width, enclosed porch has screen windows and a single door with a large pane glass window and storm door, flanked by sidelights. The north side of the porch has three screened in windows. The exterior of the east elevation is covered in pink stucco and the gable is covered in two tone fish scale wood shingles. The roof of the porch is in bad condition and looks to be currently covered in tar paper. The front facing gable is covered in dark and light green fish scale shingles and features two half arched windows with blue glass and decorative molding. The cornice is painted white with some decorative molding on the top. The exterior of the north elevation is pink and olive green stucco. The rest of the house has three one over one pane double-hung windows with stone sills. The attached garage has four two pane fixed windows on the north side. The cross gable is topped with a decorative end-wall chimney, which exhibits decorative brick work in the shape of a cross and dentils. The rear addition has one four pane fixed window and two half arch windows with decorative molding in the side gable. The side gable has dark and light green fish scale shingles. The cornice line in the side gable is painted white with some decorative molding at the top. The exterior of the west elevation is olive green stucco. There are two gables each with decorative olive and dark green fish scale wood shingles. There are two doors on this side: the first has a single large fixed pane glass window and the second is a double door with each side consisting of four fixed glass panels (eight total), and the upper section has an arched transom. Both doors access stone porches. There are two nine paned hinged windows on the west side of the garage. The main building has two one- over-one double-hung windows that flank the double doors. It appears that there will be one large window with an arched transom along with one four over one pane double-hung window on the second floor. The south elevation is olive green stucco. Windows include: two six paned, wood frame fixed windows; two ten paned hinged windows in wood frames with overhead transom set in a side gable; four one- over-one double-hung windows in a bay; and four two-over-two hopper windows. All these windows are on main floor of the building. The second floor has two one-over-one double-hung windows in aluminum frames set in a side gable. The side gables have decorative wood and stucco work along with white decorative cornices. There are two more chimneys, one end-wall and one interior. In addition to the attached one stall garage, there is a detached one stall concrete garage, with a parapeted roof, situated at the rear of the property and is accessed by the alley running along the rear of the property. Revised 09-2004 Page 32 The ornate Queen Anne, a subset of the Victorian period, was popular in Colorado between 1880 and 1910. Typical features of this style shown in the residence are central tall hipped roof with intersecting gables, patterned shingles, asymmetrical massing, and multiple gables. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, October 2005. Recorder: Ryan Graham Bureau of the Census, 1900 Census. Washington, DC: Bureau of the Census. (accessed June 01, 2012). City of Fort Collins. http://history.poudrelibraries.org. Building Permit Files. 4/14/1947; permit #9785; owner: Farmer Spencer; permit to insulate 5/24/1947; permit #9886; owner: Farmer Spencer; permit to build garage 12/11/1947; permit #10306; owner: Farmer Spencer; permit to build addition to house 3/27/1948; permit #10400; owner: Farmer Spencer; permit to reshingle porch 9/18/1980; permit #03675; owner: Mustain; permit to install wood stove 6/23/1987; permit #26892; owner and contractor: R. A. Mustain; permit to install new water service 9/23/1992; permit #0984050; owner: Costlaw, Dave; contractor: B & M Roofing; permit to reroof 4/26/2004; permit #B0307517; owner: Costlow, David/Catherine; subcontractors: Harris Electric, American Services, Inc., Shelter Roofing, Pro Fab Framing, Inc., Irish Plumbing Renovations, Commercial 1 Concrete; permit to build two story addition to back of house to include den on main level, master bedroom on 2nd floor and unfinished basement, also remodel kitchen Fort Collins Weekly Courier, 27 February 1902 Fort Collins Weekly Courier, p5, 17 June 1903 Fort Collins Weekly Courier, 8 July 1903 Fort Collins Weekly Courier, p11, 25 November 1903 History Colorado Architectural and Engineering Guide: Queen Anne. http://history.poudrelibraries.org/archive/chamber/farmer.php Revised 09-2004 Page 33 LOCATION INFORMATION: Address: 125 South Whitcomb St. Fort Collins, CO 80521 Legal Description: LOT 16, LESS WEST 50 FEET OF SOUTH 36 FEET, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Isbell Residence OWNER INFORMATION: Name: Daniel and Heather Manier Phone: (970) 416-5848 Email: hmanier@frii.com Address: 125 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION Second in a series of four brick Queen Anne homes built in a row, this house was first occupied by F. A. and Laura Isbell in 1902. Isbell was an insurance man. Newton Garbutt most likely lived at 125 South Whitcomb after the Isbells. Horace Garbutt, Newton’s brother, lived next door at 121 South Whitcomb until he moved across the street in 1903. Newton was one of the founders of the Garbutt & Garbutt law firm. He made a new home in 1905 at 703 West Mountain, contracting J. B. Hall to build a six room, modern frame cottage. By 1906, William C., a Civil War veteran, and Ella Dayton were residents. William died before 1917 and Ella continued living at the house after becoming a widow. She sometimes held “parlor meetings” of the Women’s Christian Temperance Union at the residence. In 1922, George, manager of Forrest Lumber Company, and Julia Johnson were listed. In 1925, residents included George Douthitt, Nellie Tailor, and W. R. Shields. In 1927, Andrew and Sarah Wylie were listed. Between the years 1923 and 1940, the Olivers made various alterations to the house. The Olivers were possibly the actual owners while all others listed were merely renters. Alterations included repairs to the house in 1923, a reroofing in 1927, glassing-in the porch in 1929, building an addition to the porch in 1932, and another reroof in 1940. By 1929, Rebecca Oliver was a widow but continued living at the address at least until 1940. Mattie Creed was listed in 1948. In 1954, the Church of Christ occupied the house and was used as the pastor’s home. Two years later, Eugene and Peggy Stroh were occupying the residence. Eugene was a truck driver for the cement factory north of Fort Collins. In Revised 09-2004 Page 34 1957, P. R. and Elizabeth Smith were listed. Mr. Smith was a reverend and an inspector at the Woodward Governor plant. Pastor Tom Coffee and Nancy moved in by 1960. The Coffees moved by 1962 to an address on Mulberry and the new residents were Alfred, a carpenter with Eagle Construction, and Mary Mitchell. In 1963, Barry Trent of CSU Printing Services was listed. From 1964 until 1971, C. W. and Helen Vest were residents. In 1969, Mrs. Freda Copper reroofed the house. Ralph and Gertrude Osborn moved in soon after and in 1980, they reroof the front porch. In 1981, Paul and Pat Barker are residents. Paul was an engineer for Engineer Resource Consultants and they stay until 1992. Tom Deines and Laura Muat move in the following year. From 1995 to 2002, the home was used as a duplex and then reverted back to a single-family residence. In 2005, Christine S. Hardy reroofs. In 2009, after veterinarian students rent for several years, the Maniers move into the house. In 2011, Daneil J. Manier added 360 square feet to the second floor, containing a bedroom and bathroom. ARCHITECTURAL INFORMATION Construction Date: 1894 / remodel 2011 Architect/Builder: Building Materials: Wood, stone, concrete Architectural Style: Queen Anne Description: This Queen Anne residence is a roughly square, one-and-one-half story, wood frame structure with an asphalt shingle, hipped roof and intersecting front gable. Roof features include an east-facing cross gable and overhanging boxed eaves with some guttering along the rear. It has a stone foundation with parge coat and horizontal wood siding exterior. The primary elevation is broken into three bays and contains an off centered entrance to the north. The front door, with a single pane of glass and four horizontal panels, is reached by three cement steps with iron railings on either side. Windows include three one- over-one single pane sliding windows, two on the first floor and one on the upper half-story. The interior slope chimney is aluminum and located on the northwest slope of the roof. The north elevation has a single one-over-one tub window with a double-hung window and two single pane fixed windows, and one nine pane fixed window with aluminum frame on the first story. The west elevation has three two-by-two sliding aluminum windows, five one-over-one double-hung windows, and one door with a single fixed pane window. The south elevation is clad in yellow stucco, similar to the rest of the house. There are two one-by-one sliding aluminum windows. The south side of the residence has the remnants of a wrought iron fence. There is a stone masonry retaining wall a couple feet high with vegetation planted next to the house. The sidewalk leading to the residence is flanked by vegetation. The wooden storage shed has both horizontal and vertical wood planking, painted yellow. Windows include two fixed pane on the west side, one with four lights and the other a single pane. The gabled roof with exposed rafters has overhanging eaves. The ornate Queen Anne, a subset of the Victorian period, was popular in Colorado between 1880 and 1910. Typical features of this style shown in the residence are multiple gables and asymmetrical massing. Historic and architectural integrity is somewhat compromised. The front porch was enclosed in 1929, added on to in 1932, and reroofed in 1980. In 2011, a substantial addition was constructed on the second floor, consisting of 360 square feet and containing a new bedroom and bathroom. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, October 2005. Recorder: R Graham. Bureau of the Census, 1900 Census. Washington, DC: Bureau of the Census. (Accessed June 01, 2012). Revised 09-2004 Page 35 City of Fort Collins. http://history.poudrelibraries.org. Building Permit Files. 1901; owner: Garbutt, N.C.; architect: Fuller; builder/contractor: Mellinger, James (builder); permit to build six room frame on West Mountain 1905; owner: Garbutt, N.C.; permit to build frame barn at 703 West Mountain 5/10/1923; permit #108; owner: Oliver, Mrs.; permit for repairs to frame house 6/30/1927; permit #1734; owner: Oliver, Mr.; permit to reroof 3/8/1929; permit #2314; owner: Olivers, Mrs. R. J.; permit to glass in porch 5/24/1932; permit #3307; owner: Mrs. Rebecca; permit to build addition to porch 7/1/1940; permit #6254; owner: Oliver, R. J.; permit to reroof 8/18/1969; permit #13813; owner: Mrs. Freda Copper; contractor: Don Bridwell; permit to reroof 6/12/1980; permit #92109; owner: Mrs. Ralph Osborn; contractor: Sherry the Roofer; permit to reroof front porch 6/8/2001; permit #B0103502; owner: Cole, Lester L./Ann M.; subcontractor: Courtesy Plumbing, Inc.; permit for sewer line 9/19/2003; permit #B0306040; owner: Cole, Lester L./Ann M.; contractor: Mimm General Contractors: permit to repair wall and foundation 10/5/2005; permit #B0505795; owner: Hardy, Christine S.; subcontractor: Schroder Roofing Company; permit to reroof 9/1/2011; permit #B1102273; owner: Manier, Daniel J.; contractor: Char Construction, Inc.; subcontractors: Lighten Up Electric Svcs., RPM Mechanical, LLC., Char Construction, Inc., Rocky Mtn. Roof/Gtr., Valencia Construction; permit for addition of 360 square feet for a second floor addition to existing 1124 square foot residence, consisting of a new bedroom and bathroom City of Fort Collins. http://history.poudrelibraries.org. City Directories: 1902 through 2004 Colorado Historic Newspaper Collection. http://www.coloradohistoricnewspapers.org “City and Country.” Fort Collins Weekly Courier, p 5, 06 17 1903 “Fort Collins’ Splendid Building Record.” Fort Collins Weekly Courier, p 3, 01 02 1902 “From Tuesday’s Daily.” Fort Collins Weekly Courier, p 7, 01 10 1906 Revised 09-2004 Page 36 LOCATION INFORMATION: Address: 126 South Whitcomb St. Fort Collins, CO 80521 Legal Description: NORTH 1/2 OF LOT 8, LESS PART LY EAST OF DITCH, BLOCK 71, FORT COLLINS Property Name (historic and/or common): Cunningham Residence and garage OWNER INFORMATION: Name: John and Amy Volckens Phone: (919) 225-9881 Email: jv@volkens.com Address: 126 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The first residents listed at 126 South Whitcomb are John and Rosanna Cunningham in 1904. In 1910, bookkeeper Clarence Moody was listed at the residence. J. E. and May Kircher were residents in 1913. By 1917, students of Colorado Agricultural College move in to the residence. In 1922, Professor William L. Burnett moves in with Eva, Raymond, Lois, and Grandma Rose. They stay until 1938. Burnett would become State Entomologist and the Curator of the Colorado Agricultural College Museum. He is responsible for a remodel in 1927 and a frame garage in 1932. In 1940, the Luggs are listed but a permit to reroof is filed by W. E. Schlect for the residence. Schlect was listed as the owner but may have simply been the contractor for the project. George, a carpenter, and Martha Earley are residents for 20 years. In 1946, George enlarged the chicken house. The Wallace family moves in from 1964 to 1966. From 1968 until 1980, Dorothy Jennings and her children are listed, and she reroofs the house in 1973. From 1980 until 1983, the house was used as an engineer’s office. Primarily, students are residents until the current owners bought the house. At different times, there are apartments listed on the main floor, the second floor, and in the basement. In 2002, Marc L. and Mary E. Teets reroofed the house and replaced the furnace in 2005. Revised 09-2004 Page 37 ARCHITECTURAL INFORMATION Construction Date: 1893 Architect/Builder: Building Materials: Wood Frame, stone Architectural Style: Queen Anne Description: This Queen Anne residence is a roughly square, one and one half story, wood frame structure with an asphalt shingle, hipped roof. Roof features include intersecting cross gables, cornice returns on the gables, wide overhanging boxed eaves, and some guttering over the porch. It has a stone foundation, parged over, and asbestos siding. Wood fishscale shingles are found underneath the gable. The main façade is broken into three bays and contains an entrance to the south. The one story, partial-width inset porch has overhanging eaves, two columns, and a wooden railing. The door is a modern aluminum door flanked by a non-historic hexagonal window, and there is a large fixed pane picture window to the north under the prominent front-facing gable. In the upper part of the gable is a single one-over-one double- hung window. The south elevation had two one-over-one double hung windows and a single one-over-one double-hung window in the cross gable, which is clad in wood fishscale shingles. The east elevation features two one- over-one double-hung windows, one with six lights and one with four lights. The back entryway has a pyramidal shed porch with two four-by-four support posts. There is a modern aluminum door with a fixed six-light window and two skylights in the roof. The north elevation has four one-over-one double- hung windows. A shed dormer is covered in wood fishscale siding and features two one-over-one double-hung windows. There are two chimneys present. A small front gabled one stall garage is situated to the rear of the northern elevation. It has lapped wood siding and hinged solid doors. The ornate Queen Anne, a subset of the Victorian period, was popular in Colorado between 1880 and 1910. This residence features typical hipped roof with cross gables, overhanging eaves, and pattern shingles. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, October 2005. Recorder: R Graham City of Fort Collins. http://history.poudrelibraries.org. Building Permit Files. 10/3/1927; permit #1826; owner: Burnett, W.L.; permit to remodel 10/8/1932; permit #3390; owner: Burnett, W.L.; permit to build frame garage 9/3/1940; permit #6325; owner: Schlect, W.E.; permit to reroof 6/14/1946; permit #9244; owner: Early, George; permit to enlarge chicken house 5/31/1973; permit #20067; owner: Dorothy Jennings; contractor: Frank Neckel; permit to reroof 9/16/2002; permit #B0205812; owner: Teets, Marc L/Mary E; subcontractor: R&T Roofing; permit to reroof 2/14/2005; permit #B0500664; owner: Teets, Marc L/Mary E; subcontractor: Yeti Mechanical; permit to replace furnace City of Fort Collins. http://history.poudrelibraries.org. City Directories: 1902 through 2004. History Colorado, "Architecture and Engineering Guides: Queen Anne." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/queen-anne. Revised 09-2004 Page 38 Revised 09-2004 Page 39 LOCATION INFORMATION: Address: 129 South Whitcomb St. Fort Collins, CO 80521 Legal Description: EAST 123 FEET OF LOT 17, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Montgomery Residence and garage OWNER INFORMATION: Name: Ginny Cross Phone: (970) 221-4457 Email: ginnycross@mail.com Address: 129 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The residence at 129 South Whitcomb first appears in the 1900 census. T. J. Montgomery is listed with his wife Helen and her brother, Charles Lunn, at the address. In Fort Collins Building Records, the residence is first listed in a 1901 permit to build a five room, one story frame structure, under owner J. A. Rutledge and builder S. J. Milligan. Thomas Jefferson Montgomery is listed as the owner until 1904. He was born in 1849 in Illinois and moved to Colorado in 1866 at the age of 16 to live with his uncle, W. A. H. Loveland. Montgomery was a skilled telegraph operator, supervising posts in areas such as Fort Sedgewick, Colorado Junction, and Laramie. He moved to Fort Collins on October 22, 1875 to serve as telegraph operator of the railway station. In 1881 and 1883, he was elected County Clerk and he filled a vacancy as a State Representative from 1902 to 1903. A blacksmith named Simmons moved in from 1908 until 1911, living with his family, who were from England according to the 1910 Census. By 1913, A. D. and Alice Jillson were listed. From 1917 until 1919, an oil man by the name of E. T. Williams resided at the address with his wife Edna. C. M. Smith was a resident in 1928 and was responsible for building a garage on the lot in November of that year. Gordon J. Poe is the owner staying more than a couple of years, moving in by 1944. Poe remodeled in 1944 and 1945 and reshingled the house in 1947. From 1952 to 1956, a professor of Horticulture at Colorado A&M named Winnifred Holley moves in with his wife Jennie. Richard Smith moves in around 1959 and stays until 1964. Smith was a state patrolman and his wife was a bookkeeper. William Darveau and his wife made miscellaneous repairs in 1975 and reshingled the garage in 1976. Mostly students of the university were Revised 09-2004 Page 40 residences until the current owner, Virginia E. Cross, bought the house in 1977. Virginia enlarged the upstairs dormer in 1979, reroofed in 2001, and replaced the water heater in 2002. ARCHITECTURAL INFORMATION Construction Date: 1896 Architect/Builder: SJ Milligan Building Materials: Brick, Stone Architectural Style: Queen Anne Description: This Queen Anne residence is a square, 1 ½ story, wood frame structure with an asphalt shingle, hipped roof. Roof features include a forward-facing intersecting cross gable with molded cornice line and overhanging eaves. It has a stone foundation and wooden eight-inch horizontal siding. The main (east) façade is broken into two bays and contains an off-centered entrance to the east. The front stoop consists of four concrete steps leading to a single panel front door and screen door with a shed roof overhang. Windows include a pair of wood frame six-over-one double-hung with storm windows and an aluminum one-over-one double-hung window underneath the gable containing an air-conditioning unit. The north elevation has three windows: one single-pane fixed window and two wood framed six-over- one double-hung with storm windows. The west elevation has three single-pane fixed windows and a central panel door with a single-pane fixed window. A flat roof covers the rear enclosed porch. The south elevation has two wood frame, single-pane fixed windows with storm screens and a shed dormer with a single one-by-one aluminum frame sliding window. A two stall garage is present to the west of the residence. The building mimics the residence in materials, style, and detailing, as it features a front gabled roof, exposed rafter ends, and multi-light windows. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, October 2005. Recorder: R Graham. Bureau of the Census, 1900 Census. Washington, DC: Bureau of the Census. (accessed June 01, 2012). Bureau of the Census, 1910 Census. Washington, DC: Bureau of the Census. (accessed June 01, 2012). City of Fort Collins. http://history.poudrelibraries.org. Building Permit Files. 1901; owner: Rutledge, J.A.; builder/contractor: Milligan, S.J. (builder); permit to build five room, one story frame 11/1/1928; permit #2255; owner: Smith, C.M.; permit to build garage 8/31/1944; permit #7967; owner: Poe, Gordon; permit to remodel 6/2/1945; permit #8365; owner: Poe, Gordon; permit to remodel 8/12/1947; permit #10067; owner: Poe, Gordon J.; permit to reshingle house 6/23/1975; permit #23576; owner and contractor: William Darveau; permit to repair?, support beams, electric service, repair plumbing under pipe 5/14/1976; permit #25419; owner and contractor: Mrs. Wm Darveau; permit to reshingle garage 1/16/1979; permit #63264; owner: Virginia E. Cross; permit to enlarge present dormer window in upstairs bedroom to approx. 50” X 24” 1/4/2001; permit #B0100053; owner: Cross, Virginia; subcontractor: CJ Roofing Company; permit to reroof 7/29/2002; permit #B0204718; owner: Cross, Virginia; subcontractor: Allen Plumbing & Heating; permit to replace water heater Revised 09-2004 Page 41 City of Fort Collins. http://history.poudrelibraries.org. City Directories: 1902 through 2004. History Colorado, "Architecture and Engineering Guides: Queen Anne." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/queen-anne. History of Larimer County Colorado by Ansel Watrous. Pg 271. Revised 09-2004 Page 42 LOCATION INFORMATION: Address: 130 S South Whitcomb St. Fort Collins, CO 80521 Legal Description: WEST 100 FEET OF SOUTH 1/2 OF LOT 8, BLOCK 71, FORT COLLINS Property Name (historic and/or common): Klure/Williams Residence and garage OWNER INFORMATION: Name: Agnes York and Patricia Wilbarger Phone: (970) 482-4852 Email: nyork@verinet.com Address: 130 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The residence at 130 South Whitcomb first appears in city directories in 1904 with A.R. and Ella Klure, a carpenter and milliner, respectively. The residence did not appear again until 1909, when Clark J. Sarchet and his wife Rosetta are listed. Sarchet was a cigar salesman at the Northern Hotel Newsstand. The Sarchets would move to 801 Laporte Avenue. William F. Dunham, a machinist, replaced the Sarchets in 1913 wit his wife Catherine. Dunham switched to mining by 1917 and the couple moved to 1006 Laporte Avenue in 1922. The next resident at 130 South Whitcomb was Robert M. Strang, a secretary for the Moody-Warren Commercial Company. Born in Glasgow, Scotland on December 23, 1887, Strang moved to Timnath in 1896 with his family. He later married Dora M. Willis. He was an important member of the Fort Collins commercial scene as the founder of the Strang Grain Company at 157 North Mason, a major supplier of Fort Collins' sheep-producing industry. In 1920, he was listed on a building permit as constructing a garage at the property. In 1931, he purchased a grain elevator from Moody-Warren which was the tallest building in the city until the advent of the high rise. This elevator occupied the land that is now the parking lot of the current courthouse on Mason Street. Strang sold the structure in 1969 and it was razed in 1983. Strang moved from the property on Whitcomb to 507 Mathews Street, where he lived until his death at the age of 87. His daughter-in-law Annie, widow of James, remained as householder from 1936 until1940, during which time she installed fencing and re- shingled the house. Revised 09-2004 Page 43 In 1940, the Williams family moved to Whitcomb. Andrew was the press room foreman of the Express Courier, and he lived with his wife Lillias and three children, Patricia, Agnes, and Archibald. Mr. Williams was responsible for some house remodeling in 1947 and the porch enclosed the following year. Andrew became a carpenter that same year, and Lillias would become the receptionist for Dr. Anderson in 1952. William A. Robinson, a student at Colorado A&M, was listed at the residence in 1954, possibly a tenant in the converted garage. He moved two years later to a property on Locust. The Williams’ still own the residence today. ARCHITECTURAL INFORMATION Construction Date: 1889 Architect/Builder: Building Materials: Wood Frame, Stone, Concrete Architectural Style: Queen Anne Description: This quaint Queen Anne house is located just north of the intersection of South Whitcomb Street and West Oak Street. It is a one-and-a-half-story hipped roof central block with intersecting gable wing resting on a concrete foundation. The house is covered with off-white horizontal wood siding, surrounded by eaves boxed with cream beveled wood paneling. Each gable features the same beveled paneling and enclosing pent-roofs intersected by one-over-one double-hung windows as well as imbricated fish scale patterned shingle decorations sandwiched between alternating plain shingles in matching cream color. There is one chimney at the rear of the house above the kitchen. The front facade features an asymmetrically placed spindlework porch that extends off the south side and rests on a concrete slab foundation. The ceiling of the porch is made of the same paneling as the beveled areas around the gables and eaves. It is painted a sky blue color in accordance with superstitious beliefs dictating that the color would keep ghosts from entering the home. The spindlework porch support to the right of the front door has been replaced with a plain white post. A screen door has been added and the front door appears to have been replaced. To the north of the porch there is a one-over-one double-hung window with an exterior screen symmetrically placed below the gable. There is a modern skylight in the hipped roof above the front porch and to the south of the gable. The north elevation features a shed dormer addition in the gable end with an overhanging eave and exposed rafter ends. There are two windows, side-by-side, that appear to have been originally identical. The right window has an eight light awning panel over a two-over-two horizontal paned double-hung window. The left window appears to have lost its eight-light awning panel, revealing the two-over-two double-hung interior window, with a single pane screen sitting in front of the lower half of the double-hung window. Below the shed dormer is a one-over-one double-hung window with an exterior storm window and a decorative stained glass panel hung inside. To the east is a six-by-six awning window. Further to the east is a six-over-one double-hung window. The south elevation features a distinct stained glass parallelogram window just east of the front porch. Placed symmetrically below the gable is a three- sided bay with its own roof. There is three-over-one awning window flanked by two one-over-one awning windows, all with exterior screens. In between the three windows is the same paneling as the porch ceiling, beveled eaves, and gables, only diagonally set. To the east of the bay is a window of four lights, irregularly shaped and placed, under a sheet metal awning, put in circa 1947. There is another skylight in the central hip to the east of the gable. The east elevation features a closed-in mud porch and a shed dormer addition above. The dormer has an overhanging eave with exposed rafter ends, similar to the dormer on the north side, with two one-over- one double-hung windows and exterior screens set side-by-side. The mud-porch has an exterior screen door and an interior half-light wooden door. To the south of the door is a two-over-two sliding window. To the north of the screen door is a wooden door leading to the coal cellar. On the north side of the mud- porch is a one-over-one fixed window. There is a two stall front gabled garage to the rear of the residence that mimics the main building in materials and style. Revised 09-2004 Page 44 REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Survey, November 2005. Recorders: C Barnett, C Case, B Gabel. City of Fort Collins. http://history.poudrelibraries.org/. Building Permits. 5/10/1920; permit #515; owner: Strang, Robert; permit for frame garage 9/22/1936; permit #4465; owner: Strang, Annie R.; permit for reshingling 4/15/1935; permit #3915; owner: Strang, Anna; permit to build fence 4/7/1947; permit #9774; owner: Williams, A. C.; permit for remodeling 8/24/1948; permit #10763; owner: Williams, A. C.; permit to enclose porch City of Fort Collins. http://history.poudrelibraries.org. City Directories. History Colorado, "Architecture and Engineering Guides: Queen Anne." Accessed June 14, 2012. http://www.historycolorado.org/archaeologists/queen-anne. Revised 09-2004 Page 45 LOCATION INFORMATION: Address: 601 West Mountain Ave. Fort Collins, Colorado Legal Description: NORTH 80 FEET OF LOTS 1 & 2, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): The Kitchel Residence OWNER INFORMATION: Name: Susan Walker Phone: (303) 710-1526 Email: suewalker@gmail.com Address: 601 West Mountain Ave. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The house at 601 West Mountain Avenue originally housed a prominent pioneer of the Fort Collins community. Aaron Kitchel was born April 23, 1842, in Lake County, Indiana. In August, 1862, he enlisted as a volunteer in the 23rd Iowa Infantry and served all through the war in many battles, being wounded at Millikens Bend, serving in Sherman's March to the Sea, and receiving an honorable discharge July 26, 1865, at Galveston, Texas. Mr. Kitchel married Mary Hart at Indianola, Iowa, in 1868. He came with his family to Colorado in 1879 and located on a homestead situated six miles east of Fort Collins (at Highway #14 and east of I-25, the land is now the site of the Kitchel Farms Subdivision). Mary Hart died in 1895 and Kitchel sold his farm and moved to Fort Collins. He remarried in 1900, to Mrs. Mary Hamilton, who died in 1908. He was a successful farmer, served as a Commissioner for Larimer County for three years, and was always one of its foremost and highly respected citizens. Kitchel died November 6, 1910 of pneumonia at the age of 68. In the real estate transfers listed in the Fort Collins Weekly Courier on Thursday, March 10, 1910, A. Kitchel transferred his property, parts 1 and 2, block 270, Loomis add., for $4,000 to C. S. McCormick. George McCormick is listed at the residence in 1917, although his name has been abbreviated significantly, appearing as “Cormick G C”. George was a prominent member of business circles in Fort Collins as president and general manager of the Express-Courier Publishing Company and a member of the Chamber of Commerce committee. His wife Carrie was popular in the social scene, being a member of such clubs as the Current Event Club, the Columbian Club, the M.Y.O.B. Club, and the Eastern Star Club, for which she served as a delegate at a national convention in 1919. Beginning in 1919, Carrie is the sole resident Revised 09-2004 Page 46 listed until at least 1939, due to what appears to be a nasty divorce, charging “extreme and repeated cruelty,” in the spring of 1918. Carrie was awarded custody of the couple’s two children, Paul and Ruth, monthly alimony, attorney fees, and ownership of the Mountain Avenue property. During her twenty years at the residence, Carrie had a garage built and remodeled the porches. George McCormick remarried less than one year later, on Friday, March, 28, 1919, to Mrs. Gertrude L. York of Denver. The pair moved into 941 West Mountain Avenue, only a few blocks from his ex-wife. Mrs. Edith Coffman was living in the residence as early as 1947. She filed a permit to enclose the porch and build a fence in October of that year. A G. D. Graham, listed as the owner, also filed a permit, to remodel, in January 1947. Graham was either a resident between Mrs. McCormick and Mrs. Coffman or the contractor for the remodeling project. A G. Graham, G. D. Graham, or George Graham is listed on no less than thirty remodels, reshingling projects, repairs, additions, garages, and porch enclosures between 1924 and 1950, one can assume he was a contractor for Fort Collins who also worked on 601 West Mountain Avenue. In 1950, students are listed at the residence. In 1969, an Evan Meloney is the sole resident of the property. Owner Philip Risch hired a contractor for miscellaneous repairs in October 1980, including the replacement of three doors and repairs of rotted woodwork, damaged screening, hardware, cabinetry, and drywall. In 1983, Judy Purdue reroofed the property and in 1991, Ken Stacey replaced the water heater. Susan M. Walker began extensive home renovations in 2001: she reroofed in 2001; repaired interior water damage in 2004; rebuilt the south end of the main floor bedroom floor to include a full bath two months later; built a new 244 square foot front porch in 2005; and demolished a wood shed at the rear of the lot in 2011. ARCHITECTURAL INFORMATION Construction Date: 1890 / remodel 1992 Architect/Builder: Building Materials: Brick, Stone Architectural Style: Description: The Kitchel House is a vernacular masonry Queen Anne dwelling, built of brick with rough-cut stone foundation, sills and lintels. The 11/2 story house is a good example of the eclecticism of the late Victorian era, with many interesting stylistic characteristics. Although the basic plan is rectangular, this house has an irregularly shaped appearance due to the hipped roof with another hip roof projecting from it, dormers on three elevations, a substantial brick bay window on the east elevation, a wood projecting entry on the west elevation, and a main entrance at the northeast front corner of the house that is unusual in Fort Collins. Matching dormers on the north and west elevations are historic through-the-roof dormers, while the east elevation dormer was added before 1948. Also, by 1948, the historic front porch had been removed from the house and an overdoor and concrete stoop had been added to the front door at the northeast corner entrance. In addition to the windows with rough-cut stone sills and lintels, other windows have stone sills and brick segmental arches in the Victorian style. Houses situated on corners were of higher design, importance, and detailing. This comer house retains its charm as a pioneer home of Queen Anne design. 601 West Mountain Avenue exhibits the Queen Anne style characteristics in a steeply pitched hipped roof of irregular shape; patterned shingles, bay windows, patterned masonry lintels, (and other devices used to avoid a smooth-walled appearance); an asymmetrical fa9ade; and rough-cut stone and brick masonry construction. Its smaller size warrants the "Cottage" definition. The hipped roof has an intersecting elongated hipped roof extending from the rear elevation. Dormers on the north and east elevations are through-the-roof, sharply pitched, and gabled, each with narrow one-over-one double-hung windows with stone sills. A newer (existing in 1948 tax card) gabled roof dormer sits on the east elevation with paired double hung window and no lintel or sill. Revised 09-2004 Page 47 All dormers have patterned octagonal shingles. The entrance is located on the northeast corner with a non-historic paneled door with carved ship. There are two doors on the south elevation. To the southeast is a non-history, multi-light wood door and to the northeast is a wood door with four panels and a segmental brick arch. The door on the west elevation is multi-light and non-historic. On the north elevation are two cottage style check-rail windows with operable lower sash, stone sills and brick segmental arch lintels. On the west elevation are two one-over-one windows with stone sills and brick segmental arch lintels and a pair of windows with identical window surrounds. There is a fixed glass window bisecting with an applied wood bar in the west entry addition. The south elevation features two one-over-one windows with stone sills and brick segmental arch lintels at different heights. The east elevation exhibits a single one-over-one window with stone sill and brick segmental arch lintel. There is a square bay window with paired double-hung windows with rough-cut sandstone flat sills and lintels and a steep hipped roof. REFERENCE LIST or SOURCES of INFORMATION City of Fort Collins. http://history.poudrelibraries.org/. Building Permits. 7/7/1928; permit #2125; owner: McCormick, Carrie; permit for garage 7/6/1943; permit #7433; owner: McCormick, Carrie; permit to remodel porches 1/6/1947; permit # 9617; owner: Graham, G. D.; permit to remodel house 10/6/1947; permit #10190; owner: Coffman, Edith; permit to enclose porch; build fence 10/10/1980; permit #03923; owner: Philip Risch; contractor: William Warren; permit for miscellaneous repairs: replacing 3 doors, repair rotted woodwork, repair screening, replace hardware, repair cabinetry, repair drywall 8/17/1983; permit #11403; owner: Judy Purdue; contractor: FM Roofing; permit to reroof 6/14/1991; permit #0911573; owner: Stacey, Ken; contractor: Ladd Plumbing & Heating; permit for water heater replacement 1/7/2001; permit #B0400046; owner: Walker, Sue; subcontractor: Advanced Roofing Tech; permit to remove existing laminated shingles. Install new underlayment and 22 squares of class A laminated shingles 2/20/2004; permit #B0400827; owner: Walker, Sue; contractor: A Custom Craftsman, LLC; subcontractor Delaney’s Electric & Gibson heating & A/C, Inc.; permit for interior demo of water damage – non structural only 4/6/2004; permit #B0401563; owner: Walker, Sue; contractor: A Custom Craftsman, LLC; subcontractor: Delaney’s Electric, Gibson Heating & A/C, Inc.; permit to rebuild south end main floor bedroom floor including full bath. Update ceiling joist above bedroom area 4/18/2005; permit #B0501360; owner: Walker, Susan M.; contractor: A Custom Craftsman, LLC; subcontractor: ACC Roofing, Inc.; permit for new 244 sq ft front porch 3/21/2011; permit #B1100535; owner: Walker, Susan M.; permit to demolish existing 14’ X 12’ wood shed at rear of property City of Fort Collins. http://history.poudrelibraries.org/. City Directories. 1917 p 20: Cormick G C 1919 Courier’s Fort Collins, Loveland and Larimer County Directory, p 74: McCormick Mrs. Carrie 1933 Polk’s Fort Collins City Directory, p 47: McCormick Carrie Mrs. 1938 Polk’s Fort Collins City Directory, p 52: McCormick Carrie (wid Geo) 1939 Polk’s Fort Collins City Directory, p 52: McCormick Carrie (wid Geo) 1948 Polk’s Fort Collins City Directory, p 177: Cuffman Edith Mrs. T 1950 Fort Collins City Directory, p 124: Pusvaskis Eulalia stdt; p 53: Anzick Joyce, stdt 1969 Fort Collins Colorado City Directory, p 366: Meloney Evan City of Fort Collins. http://history.poudrelibraries.org/. Historic Photographs. Revised 09-2004 Page 48 Colorado Historic Newspaper Collection. http://www.coloradohistoricnewspapers.org “Chamber of Commerce committee member.” Fort Collins Courier, pg. 8, 11 30 1921. “Columbian Club.” Fort Collins Courier, pg. 1, 02 09 1920. “Eastern Star Honors Mrs. Carrie McCormick.” Fort Collins Courier, pg. 8, 07 03, 1919. “Findings of Face in McCormick Divorce.” Fort Collins Weekly Courier, pg. 2, 04 19 1918. “George McCormick Ventures Upon The Matrimonial Sea.” Fort Collins Courier, pg. 8, 03 28 1919. “Mr. and Mrs. McCormick Back From Long Auto Trip.” Fort Collins Courier, pg. 1, 06 17 1922. "Mrs. Carrie McCormick Gust of the Current Event Club." Fort Collins Courier, pg. 4, 03 05, 1919. “Officers and Committee of Semi-Centennial Association.” Fort Collins Weekly Courier, pg. 28, 07 02 1914. “Real Estate Transfers: A. Kitchel to C.S. McCormick.” Fort Collins Weekly Courier, pg. 16, 03 10 1910. “The Wednesday afternoon meeting of the M.Y.O.B. Club held at the home of Mrs. Carrie McCormick.” Fort Collins Courier, pg. 4, 02 20 1920. Historic Landmark Designation Form, February 2004. Author: Carol Tunner Landmark Preservation Commission Staff Report, February 15th 2004. Author: Carol Tunner Virginia and Lee McAlester, A Field Guide to American Houses, (New York City: Alfred A. Knopf, Inc., 1984), 262-287. Revised 09-2004 Page 49 LOCATION INFORMATION: Address: 612 West Oak St. Fort Collins, Colorado Legal Description: WEST 67 FEET OF LOT 17 AND WEST 50 FEET OF SOUTH 36 FEET OF LOT 16, BLOCK 270, LOOMIS, FORT COLLINS Property Name (historic and/or common): Van Sickle Rsidence OWNER INFORMATION: Name: Ginny Cross Phone: (970) 221-4757 Email: ginnycross@mail.com Address: 129 South Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other HISTORICAL INFORMATION The 1906 Sanborn Map shows that the lot for 612 W Oak St was carved from the original lot of the house at 129 S Whitcomb St. The residence first appears in the city directories in 1936. It appears to have been built in 1930 for Sybil Van Sickle, the widow of Thomas Jefferson Van Sickle, a carpenter. Mrs. Van Sickle was highly active during the 1910s and 1920s in the Women’s Relief Corps, serving as assistant guard, senior vice president, and president. Previously, the Van Sickles resided at 114 South Loomis in 1910, 315 East Magnolia in 1917, 409 Mathews in 1919, and 404 Whedbee in 1922. A building permit filed was for a residence on August 21, 1930 under owner Sybil Van Sickle. However, a Richard Standage was listed at the 612 W Oak address in 1936. Standage was a mechanic at Hall Motor Co. and relocated to the house from 218 Remington Street. Mrs. Van Sickle is listed at 612 W Oak from 1938 to 1948, now a widow to Jefferson. Van Sickle was responsible for reshingling the house in 1945. Also listed at the residence in 1948 was Mrs. Beulah F. Wright, a stenographer for Alden T. Hill. From 1954 until 1956, Alex R. Jarrett is listed at the residence. Jarrett was a tax consultant with an office at 109 East Mountain Avenue and an executive secretary at the Don-Art Corporation. In 1957, Louis J. Prieskorn, an office manager, bookkeeper, and accountant at Poudre Valley Rural Electric Association, Inc. moved in with his wife Elsie E. Poudre Valley REA, still in operation today, was founded in 1939 following an executive order to electrify rural America from President Franklin D. Roosevelt. Elsie was a secretary, first at Lincoln High School and later at Lesher Junior High School. In 1960, the Prieskorns Revised 09-2004 Page 50 are listed at the residence along with previous resident Alex Jarrett. The Prieskorns relocated to 1204 Pitkin Street in 1963. Today, the home is a rental owned by Virginia Cross, who also owns 129 South Whitcomb Street. During Mrs. Cross’ ownership, the residence has been reroofed, the water heater replaced, and electrical work done. ARCHITECTURAL INFORMATION Construction Date: 1930 Architect/Builder: Building Materials: Wood Frame, Concrete Architectural Style: Craftsman Bungalow Description: This Craftsman style residence is a roughly rectangular, one-story, wood frame structure with an asphalt shingle, gable roof. Roof features include brown shingles, overhanging eaves, along with exposed rafters and gutters. It has a concrete foundation and four inch, tan wooden siding. The main façade is broken into five bays and contains a western entrance, which is a solid ten panel wooden door with an aluminum storm door. The single story, partial-width porch has a front-facing gable roof and eight-by- eight square columns with one-by-one square rails. Windows include two central large single pane pictures windows, a single one-by-one sliding aluminum frame window to the east, and two six-over- one double-hung windows with wooden frames and storm screens on either side of the primary door. A second door, a wooden four panel door with a fixed single pane window and aluminum storm door, is located at the southeast corner. On the eastern elevation are a single one-by-one aluminum frame window and three six-over one double-hung windows with wooden frames, one of which contains an air conditioning unit. On the northern elevation, there are three doors: one wooden door with a single pane fixed window and two aluminum doors. There are four six-pane fixed windows, a single six-over-one double-hung window, and two one-by-one aluminum sliding windows. There are also three porches, two wooden with steps descending to ground level and one poured concrete with no hoods. A large shed wall dormer is found on the northeast corner. On the western elevation are four windows: one three pane casement window with wooden frame and screen; a single one-by-one aluminum sliding window with screen; and two six- over-one double-hung windows in wooden frames with screens. The house maintains good integrity. The only alterations have been two re-roofings, first in 1945 and again in 2001. Also, it appears as though an attached garage on the eastern portion of the building has been enclosed and still reads as the former location of a garage. Otherwise, the house remains much like it was when it was first built in 1930. REFERENCE LIST or SOURCES of INFORMATION Architectural Inventory Form, October 2005. Recorder: R Graham City of Fort Collins. http://history.poudrelibraries.org/. Building Permits. 8/21/1930; permit #2710; owner: Van Sickle, Mrs. Sybil; permit for residence 5/22/1945; permit #8341; owner: VanSickle, Sybil; permit for reshingling 11/06/2000; permit #B0015466; owner: Cross, Virginia; subcontractor: Allen Plumbing & Heating; permit for water heater replacement 1/04/2001; permit #B0100052; owner: Cross, Virginia; subcontractor: CJ Roofing Company; permit to reroof; remove 2 layers asphalt shingles and reroof with 25 year Tamko Heritage asphalt shingles 1/19/2001; permit #B0100255; owner: Cross, Virginia; subcontractor: Alger Electric Co.; permit for new 100 AMP panel and meter socket Revised 09-2004 Page 51 City of Fort Collins. http://history.poudrelibraries.org/. City Directories. 1910-1911 Fort Collins City Directory, p 61: Van Sickle, Thos J (Sybil) carp 114 S Loomis 1917 Courier’s Larimer County Directory, p 87: Van Sickle Thomas J (Sybil) 315 E Magnolia 1919 Courier’s Fort Collins, Loveland and Larimer County Directory, p 102: Van Sickle Thos J (Sybil) 409 Mathews 1922 R. L. Polk’s Directory Co’s. Fort Collins, Loveland and Larimer County Directory, p 69: VanSickle T Jefferson (Sybil) 404 Whedbee 1931 Polk’s p 77: Standage Harland S floormn Hall Motor Co 218 Remington 1936 Polk’s Fort Collins City Directory, p 70: Standage Richd mech Hall Motor Co. 1938 Polk’s Fort Collins City Directory, p 76: VanSickle Sybil (wid Jefferson) 1948 Polk’s Fort Collins City Directory, p 148: VanSickle Sybil (wid Jefferson) 1948 Polk’s Fort Collins City Directory, p 158: Wright Beulah F Mrs. Sten Alden T Hill 1954 Fort Collins City Directory, p 66: Jarrett Alex R Tax Consultant-Exec Secy the Don-Art Corp 1956 Fort Collins City Directory, p 59: Jarrett Alex R Acct & Sec Don Art Corp; office at 109 E Mountain 1957 Fort Collins City Directory, p 121: Prieskorn Louis J (Elsie E) ofc mgr Poudre Valley R E A 1959 Fort Collins Directory, p 135: Prieskorn Louis J (Elsie E sec Lincoln High Sch) ofc mgr & bkpr Poudre Valley 1960 Fort Collins City Directory, p 145: Prieskorn Louis J (Elsie E sec Lesher Jr High) accountant REA; Jarrett, Alex R acct 1963 Fort Collins City Directory, p 177: Prieskorn Louis J (Elsie secy Lesher Jr High Sch) acct REA 1204 Pitkin City of Fort Collins. http://history.poudrelibraries.org/. Historic Photographs. Colorado Historic Newspaper Collection. http://www.coloradohistoricnewspapers.org. "New Officers of the W.R.C.." Fort Collins Courier, pg. 3, 01 15, 1915. "Women's Auxiliary to the G.A.R.." Fort Collins Courier, pg. 4, 01 26, 1922. "Women's Relief Corps." Fort Collins Courier, pg. 5, 01 1, 1920. "Women's Relief Corps Held Regular Meeting." Fort Collins Courier, pg. 2, 07 15, 1921. "W.R.C. Honors Retiring President Mrs. Sybil Van Sickle." Fort Collins Courier, pg. 12, 12 16, 1921. "W.R.C. Installs New Officers." Fort Collins Courier, pg. 6, 01 11, 1923. Revised 09-2004 Page 52 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services LANDMARK PRESERVATION COMMISSION October 10, 2012 REVISED STAFF REPORT PROJECT: Proposed Whitcomb Street Historic District – Findings and Recommendation of the Commission STAFF CONTACT: Karen McWilliams and Josh Weinberg, Preservation Planners APPLICANTS: Daniel Chester Lane Trust, Owner, 105 S. Whitcomb Street Veronica Leigh Lim, Owner, 108 S Whitcomb Kevin M. Murray and Suzanne M. Murray, Owners, 117 South Whitcomb Street Lane C. Kaley, Owner, 118 South Whitcomb Daniel J. Manier and Heather M. Manier, Owner, 125 S. Whitcomb Street John Albert Eggers Volckens and Amy Marie Miles Volckens, Owners, 126 S. Whitcomb Virginia E. Cross, Owner, 129 South Whitcomb Agnes E. York, Patricia Williams Wilbarger, et al, Owners, 130 S. Whitcomb Street Susan M. Walker, Owner, 601 W. Mountain Avenue Virginia E. Cross, Owner, 612 W. Oak Street REQUEST: Official action on the proposed Historic Landmark District Designation for the Whitcomb Street Historic District, consisting of the following properties: 105 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 108 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 112 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 113 South Whitcomb Street (Contributing to the District under Standards 1 and 2) 117 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 118 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 121 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 122 South Whitcomb Street (Not Contributing) 125 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 126 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 129 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 130 South Whitcomb Street (Contributing to the District under Standards 1, 2, and 3) 601 West Mountain Avenue (Individually Designated Fort Collins Landmark, and Contributing to the District under Standards 1, 2, and 3) 612 West Oak Street (Contributing to the District under Standards 1, 2, and 3) ATTACHMENT 3 PROJECT DESCRIPTION: This is a request for the Commission to take official action on the proposed Whitcomb Street Historic District, and to make a recommendation to City Council on the Commission’s findings. The area being proposed as the Whitcomb Street Historic District contains fourteen properties, which together form a cohesive unit historically, architecturally, and developmentally associated with the 100 block of South Whitcomb Street. The proposed district is generally bound on the north by Mountain Avenue, on the south by Oak Street, and by alleys on the east and west sides. The period of significance dates from the oldest construction, in 1889, to the newest built seventy-two years ago in 1940, on the last subdivided lot. The Whitcomb Street Historic District is being nominated for Landmark District status under three of the four Landmark Designation Standards. The nomination states that the Whitcomb District is historically significant under Fort Collins Landmark Standard Number 1, for its association with the development and social history of Fort Collins. Research into the property owners and tenants indicate that this block is particularly reflective of residential middle class and upper middle class history in Fort Collins. The District is additionally being proposed for recognition under Standard 2, for its association with several early prominent Fort Collins residents, including Aaron Kitchel, Horace Garbutt, and Stewart C. Case. Furthermore, a prevalence of the dwellings within the district, including the individually designated Queen Anne residence at 601 West Mountain Avenue, are architecturally significant under Fort Collins Landmark Standard 3. The proposed landmark district provides a representative collection of Late 19 th and Early 20 th Century one- and two-story residences and historic outbuildings, with Queen Anne, Craftsman and Minimal Traditional architecture. BACKGROUND: On April 11, 2012, an application for this Landmark District designation was submitted by Mr. Kevin Murray, on behalf of himself and other property owners within the proposed district. At that meeting, the Commission passed a resolution directing staff to investigate the benefits of landmark district designation for this area. Staff then contacted all property owners of record with information on the reasons and effects of this District Landmark designation. The owners of ten of the fourteen properties have consented in writing to establishment of the Whitcomb Street Historic District. Owners of four properties have also responded, and have stated their opposition to the district. At its August 8, 2012 meeting, the Landmark Preservation Commission held a hearing to consider the proposed district. The Commission found that the proposed district is eligible for Landmark District recognition, and scheduled the Designation Hearing to further consider formation of this district. After the Commission scheduled the Designation Hearing, staff provided notice pursuant to Municipal Code Section 14-22, “Notice of Hearing.” Staff also prepared the attached report, reviewing the proposed designation according to Municipal Code Section 14-23, “Department of Community Development and Neighborhood Services Review.” In addition to LPC hearings, Historic Preservation Staff met individually with neighbors, interested citizens, and residents of the proposed historic district. Staff also held formal advertised neighborhood meetings, as well as communicated with interested parties through email. Tonight, at this Designation Hearing, the Commission may vote to recommend approval of the district, in whole or in part, may reject the district in whole or in part, or may modify the proposed district. The Commission’s recommendation will then be forwarded to City Council. The final decision on establishing a district is made by City Council. RELEVANT CODE PROVISIONS: Chapter 14 of the Code of the City of Fort Collins, Landmark Preservation, provides the policies and procedures regulating the Commission’s actions. Section 14-2, “Declaration of policy,” and Section 14-3, “Purpose,” provide clear direction on the intent that Fort Collins protect, preserve and enhance significant historical, architectural and geographical properties as a matter of public policy. Sec. 14-2. Declaration of policy. (a) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural or geographic significance, located within the city, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. (b) It is the opinion of the City Council that the economic, cultural and aesthetic standing of this city cannot be maintained or enhanced by disregarding the historical, architectural and geographical heritage of the city and by ignoring the destruction or defacement of such cultural assets. Section 14-25, Hearing, states: “(a) At least five (5) members of the Commission shall conduct the hearing. If at least five (5) members are not present, the members present may adjourn the meeting to another date within two (2) weeks. If at least five (5) members are not present at such adjourned meeting, the hearing shall be canceled and the designation procedure terminated. If any hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Such information shall be promptly forwarded, by regular mail, to the owners of record as established and addressed pursuant to Section 14-22. (b) Reasonable opportunity shall be provided for all interested parties to express their opinions regarding the proposed designation or designations. However, nothing contained herein shall be construed to prevent the Commission from establishing reasonable rules to govern the proceedings of the hearings or from establishing reasonable limits on the length of individual presentations. The hearings shall be recorded and minutes provided to each City Council member. Written presentations, including the report of the Department of Community Development and Neighborhood Services, shall be included in the record of the hearing.” STAFF ANALYSIS: Section 14-23 of the Municipal Code requires that the Department of Community Development and Neighborhood Services review proposed local historic district designations and provide written recommendations to the Landmark Preservation Commission in regards to zoning ordinance, the City’s Comprehensive Plan, and the effect on the surrounding neighborhood. Sherry Albertson-Clark, Interim Planning Director, has prepared this report as an attachment. Staff has also further investigated the application’s boundary justification and finds it is valid and congruent with national standards for determining boundaries of historic districts. In determining the boundaries for the proposed historic district, the defined area included one recently constructed non-contributing property. The non-contributing property is located in the middle of the district boundary. As outlined in the National Park Service’s Bulletin on Defining Boundaries for National Register Districts, “When such areas are small and surrounded by eligible resources, they may not be excluded, but are included as noncontributing resources of the property. That is, do not select boundaries which exclude a small noncontributing island surrounded by contributing resources; simply identify the noncontributing resources and include them within the boundaries of the property.” Furthermore, all of the properties within the proposed district boundary, except for 122 South Whitcomb, historically relate to the 100 block of South Whitcomb Street within its stated period of historic significance, from the late 19 th century to the late 1930s and early 1940s. The period of significance stated in the application coincides with properties historically associated with South Whitcomb Street, even though they might now be addressed on other streets. For example, the application explains that the property currently addressed as 601 West Mountain was originally much larger and addressed on Whitcomb Street. After being subdivided, the current corner lot was addressed to face Mountain Avenue. Similarly, the application states that the lot at 612 West Oak was once part of 129 South Whitcomb Street. This period of significance also encompasses three distinct construction periods, beginning with Queen Anne style residences, continuing with Craftsman style homes, and concluding with the Minimal Traditional style, which was popular before and during World War II. The property at 529 West Mountain, or the property outside the northeastern portion of the proposed district boundary, was excluded from the district because it was constructed nearly ten years after the last Minimal Traditional residence on the block. Before its recent demolition, the building was a distinctive Ranch style home, representing the building period following WWII. For a variety of reasons, the Ranch style was a significant departure from the preceding architectural styles of the 20 th century. The applicants have continued to investigate the history of their homes since the Commission made its first resolution on the proposal in April, 2012. They have uncovered information that purports to further connect the early homes of the proposed district to premier architect of early Fort Collins History, Montezuma Fuller. See the attached document for more details. COMMISSION ACTION: Municipal Code Section 14-26, Findings and recommendations of the Commission, states: “The Commission shall act officially on each proposed designation within thirty-five (35) days of the hearing. The Commission may approve, reject or modify any proposal, but no proposal may be extended beyond the boundaries of the land described in the original resolution unless the initiation and hearing procedure is repeated for the enlarged boundaries. The Commission shall set forth in its records the findings of fact which constitute the basis for its decision. If the Commission fails to act within the thirty-five-day period, the designation shall be deemed to have been rejected and the designation procedure shall thereby be terminated.” Additionally, Section 14-27, Transmittal to City Council, states:(a) Within fifteen (15) days after reaching its decision, the Commission shall transmit to the City Council its recommendation on the designation of a landmark or landmark district, including the description of the property involved and the findings upon which the recommendation was based. (b) If more than one (1) property is involved in the designation procedure, the Commission may approve in part and terminate in part. Each part shall then be treated as a separate action. In no event may any property be added to the area described in the initiation resolution without instituting a new designation procedure. The Commission should approve, reject or modify the district proposal. The Commission, then, shall state its findings of fact for the decision. Following official action, the Commission shall transmit its recommendation on to City Council for Council’s consideration. ATTACHMENTS: 1. Application for Landmark District Designation of the Whitcomb Street Historic District, with photographs and attachments 2. Draft Resolution 3. “The Influence of Montezuma Fuller on the Block of 100 South Whitcomb” – information provided by applicants 4. Memorandum RE: Municipal Code Section 14-23 – Sherry Albertson-Clark, Interim Planning Director 1 MEMORANDUM TO: Landmark Preservation Commission FM: Sherry Albertson-Clark, Interim Planning Manager RE: Proposed Whitcomb Street Historic District DT: October 2, 2012 Section 14-23 of the City Code requires that the Department of Community Development and Neighborhood Services review proposed local historic district designations and provide written recommendations to the Landmark Preservation Commission. The specific criteria from the Code for this review are addressed below. 1. Relationship to Zoning Ordinance and Comprehensive Plan of the city: All of the 14 properties in the proposed Whitcomb Street Historic District are zoned N-C-M Neighborhood Conservation Medium Density. This zone district is intended to preserve the character of areas that are predominantly single-family and low-to-medium density multi-family housing. While there are building design standards in place for this zone district, as well as general development standards in the city’s Land Use Code, these standards have not always resulted in designs that are perceived to be “in character” with the neighborhood. Also, they do not address smaller areas within the larger zone district that may have their own unique character, such as in the proposed Whitcomb Street Historic District. In the City Structure Plan, the land use designation for the area is Low Density Mixed-Use, which is primarily an area for “low density housing, along with other uses that serve the neighborhood and are in harmony with the residential character”. The Vision of City Plan includes support for the preservation of existing housing stock, with a particular emphasis on buildings or areas of historic value. The Community and Neighborhood Livability Principle LIV 16 states that “the quality of life in Fort Collins will be enhanced by the preservation of historic resources and inclusion of heritage in the daily life and development of the City and community” and Policy LIV 16.5 states “Actively encourage property owners to designate their properties as historic landmarks”. Principle LIV 17 notes that “Historically and architecturally significant buildings Downtown and throughout the community will be valued and preserved” and Policy LIV 17.1 states “Preserve historically significant buildings, sites and structures throughout Downtown and Planning, Development and Transportation Services Current Planning 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/currentplanning ATTACHMENT 4 2 the community. Ensure that new building design respects the existing historic and architectural character of the surrounding district by using compatible building materials, colors, scale, mass, and design detailing of structures”. 2. Effect of the designation upon the surrounding neighborhood: The area proposed for district designation appears to be historically, architecturally, and developmentally a cohesive unit. It is representative of Late 19th/Early 20th Century residences of Fort Collins and their associated outbuildings. The proposed district includes structures of Queen Anne, Craftsman and Minimal Traditional architecture and construction was between 1889 and 1940. Several of the structures are architecturally significant. The proposed designation of this area as a local historic district is expected to have a positive effect on the surrounding area, as other property owners, residents, and the community as a whole benefit from the retention of the character of this area and see the value of the protections offered by local historic district designation. There does not appear to be a negative effect on the surrounding neighborhood, since this district designation is limited to a specific area and is proposed with a vast majority of property owners supporting the designation. 3. Other planning considerations that may be relevant: As you know, Planning staff is working on the East Side/West Side Character Study. This study was triggered by concerns of residents in both areas that some new construction and remodels in these neighborhoods were not always perceived as being in character with the neighborhood. Historic district designation for the properties within the proposed historic district will provide a level of protection for the character of the buildings and structures that does not currently exist for this area. In summary, the proposal to designate this area along South Whitcomb Street (including 601 West Mountain and 612 West Oak) as a local historic district appears to be consistent with the underlying zoning of N-C-M and the land use designation of the City Structure Plan. The Principles and Policies of the City Structure Plan provide further support for landmark designation and the preservation of historic buildings, sites, and structures. The proposed designation is expected to assist in the retention and enhancement of the existing character and provide a positive effect on the surrounding neighborhood and the community. Therefore, we recommend that the Landmark Preservation Commission recommend approval of the proposed South Whitcomb Street Local Landmark District. ATTACHMENT 5 State Representative Member: JOHN KEFALAS Finance Committee Colorado State Capitol Health & Environment 200 E. Colfax Ave, Room 271 Committee Denver, CO 80203 Capitol: 303-866-4569 Home: 970-221-1135 COLORADO HOUSE OF REPRESENTATIVES State Capitol Denver 80203 October 10, 2012 Fort Collins Landmark Preservation Commission Dear Commission Members, As a long time resident living in Old Town West, I applaud my neighbors on the 100 block of South Whitcomb for being pro-active in seeking historical designation. As I ride my bicycle around Old Town, I have always admired the classic homes along that street. Establishing this historic district honors the craftsmanship of those builders at the turn of the 20th Century as well as these homeowners who are dedicated to preserving the history of Old Town West. I respectfully encourage you to approve this district application. Thank you for your public service. .Sincerely, John Kefalas State Representative House District 52 ATTACHMENT 6 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services WHAT IS A HISTORIC DISTRICT? A historic district is a defined grouping of buildings united historically by past events or people, or by architecture and physical development, which are officially recognized by City Council. Because of growth and change, it is unlikely that every house in a district will be significant. Buildings within a district are described as being individually eligible, contributing, or non-contributing: Individually Eligible - Properties that have significance (historical and/or architectural) and substantially retain their exterior integrity can not only contribute to a historic district, but can apply for individual designation as a Fort Collins Landmark as well, if so desired. Contributing - Buildings that would contribute to a district are architecturally and/or historically significant resources that have experienced some alterations, which, while not seriously damaging the historic character of the building, have notably altered its appearance. These buildings and structures retain enough exterior integrity to contribute to a group of similar resources (a district) but are not typically eligible for landmark designation on their own. Non-contributing - Buildings or structures with little or no historical or architectural significance, or that have endured numerous exterior changes, or both, are not eligible for landmark designation. Although they are located within a historic district, they do not contribute to the historic nature of the district. WHAT ARE THE BENEFITS AND OBLIGATIONS OF LANDMARK DESIGNTION?  Landmark designation does not change the use of your property, which is established by its zone district.  Further, designation does not require any alterations or changes to be made.  Landmark designation provides financial benefits to designated residential properties: - The State Tax Credit program gives owners a dollar-for-dollar tax credit of 20% for all approved costs, for both labor and materials. The work can also be interior and/or exterior. Any designated building qualifies, including garages and outbuildings. This program will cover nearly everything, including structural, electrical, plumbing and wiring, porches, window repairs, storm windows, roofing, new furnaces and appliances, and even the costs of finishing an unfinished basement. The 20% credit can be used over ten years. - The City’s Landmark Rehabilitation Loan Program is a zero-interest matching loan of up to $7,500 each year. It is for exterior work. Rehabilitation Loans and the State Tax Credit funds may be used for the same work; for instance, a homeowner who is adding storm windows could receive both a Rehabilitation Loan and State Tax Credits for the windows. - For the design of alterations, additions, or new construction, the City has implemented a new program, the Design Assistance Program (DAP). If the owner selects a professional from the DAP Master List, the owner can be reimbursed for up to $2,000 of the costs for consultation and developing plans (but not actual construction costs). This assistance is currently available to all Eastside/Westside Neighborhood owners, regardless of the residence’s age or its eligibility for designation. ATTACHMENT 7 1  Historic Preservation staff will assist you with preparing applications for the financial programs.  Owners of designated properties receive free, no-obligation consultations with architects, preservation contractors, structural engineers, and designers, on any issues affecting your historic property, from lead paint, to stained glass windows, to options for a failing foundation.  Landmark designation provides greater flexibility in meeting building codes and development requirements.  Designation generally results in increased property values, by providing an element of predictability and by ensuring that your neighbor does not affect your property value by dramatically altering the character of his property.  Landmark designation does require the review of exterior alterations, demolition and new construction within the district, using the national Secretary of the Interior Standards to ensure compatibility. Nearly all residential work fits under the Standards for Rehabilitation, which is defined as “the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.”  The benefits and obligations of landmark designation stay with the property when it is sold. WHAT IF MY BUILDING OR STRUCTURE IS NON-CONTRIBUTING TO THE DISTRICT? Buildings and structures that are non-contributing are able to take advantage of many of the same benefits as individually eligible and contributing properties. Exterior alterations, demolition and new construction to non-contributing buildings and properties are still reviewed for their affect upon the other properties within the District. HOW IS WORK REVIEWED? WHO REVIEWS IT? Depending upon the extent of the work proposed, either staff or the Landmark Preservation Commission (LPC) reviews the work. Staff consists of Historic Preservation Planners Josh Weinberg and Karen McWilliams, and Community Development and Neighborhood Services Director Laurie Kadrich. The LPC consists of nine members appointed by City Council, with interest or experience in historic preservation or related fields. The criteria for approval are found in Chapter 14, http://www.colocode.com/ftcollins/municipal/chapter14.htm#articleIII. These criteria reference the Secretary of the Interior’s Standards, which may be located at http://www.cr.nps.gov/hps/tps/standguide/index.htm. Most work falls under the Standards for Rehabilitation. While most alterations and additions are readily approved, the Standards could affect the size and design of proposed work. IS INTERIOR WORK REVIEWED? Work on the interior is reviewed only if the owner is asking for financial incentives for that work. If so, the work is reviewed using the Secretary of Interior’s Standards. HOW LONG DOES THE REVIEW TAKE? LPC review occurs at its Regular Meetings (2nd Wednesday of each month); staff reviews generally take only a few days. HOW DOES DESIGNATION AFFECT RESALE VALUE? WILL MY PROPERTY TAXES INCREASE? Property taxes reflect property value, and designated properties typically increase in value. An example is the increased valuation of the homes in the Sheely Drive 2 Neighborhood Historic District, designated in 2000. Additionally, studies of historic districts in Denver, Durango and Fort Collins, conducted by Clarion Associates, found that each time, property values remained the same or increased after designation. This was attributed to the fact that the future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. WHAT IMPACT DOES DESIGNATION HAVE ON CONSTRUCTION?  Are additions and alterations allowed? Yes. While new construction may not qualify for the financial programs, it is still allowed. Nearly all residential work fits under the Secretary of the Interior’s Standard of Rehabilitation. Rehabilitation is defined as “the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.”  Am I required to make changes? No, there is no requirement that owners do work on their building, unless it is in danger of becoming a hazard or significant architectural features are in danger of being lost – what is commonly called “demolition by neglect.” If this is the case, the city has minimum maintenance requirement, which requires that buildings meet basic building code standards.  Will there be new architectural guidelines? There are no new architectural guidelines, with one exception -- color, explained below. Staff and the LPC would review new construction, additions or alterations on the exterior of the buildings using the Secretary of the Interior’s Standards, http://www.cr.nps.gov/hps/tps/standguide/index.htm. These are the same criteria used for the Demolition/Alteration Review process, which reviews new construction, additions or alterations to the exterior of all buildings or structures 50 years old or older.  What’s up with color? Because the codes apply to commercial as well as residential properties, and the commercial Old Town District is very adamant that color be regulated, paint colors are reviewed in a streamlined process. This process consists of binders filled with a very large variety of paint materials and palettes. If the color is in the binder and is not something egregious such as polka dots or all black, then the color is approved by staff. If you want polka-dots or all black, then the decision is referred to the LPC.  What if I want to tear down my house and build a new one? If your house was determined to be contributing to the district, it is not likely that the LPC would approve its being torn down without a very good reason.  What if it is damaged in a fire or flood? If the building is condemned, then it may be demolished without any historic preservation review. If it is damaged extensively, the LPC would consider how much of the historic building would remain after repairs. If substantial repairs are needed, the building’s historic integrity of materials, design, workmanship, feeling and association could be affected, and the building’s historic value would be lost. If that’s the case, it is the owner’s decision to repair or build new.  Can the financial incentives be used to modify or add on square footage? Yes. All of the incentives can apply to work modifying, or rehabilitating, already existing space. While most of the incentives do not go towards “adding on” square footage, the State Tax Credits for Historic Preservation can be used to add considerable usable square footage through paying for 20% of the costs of finishing or renovating a basement or attic. 3  Will this affect zoning? Are there different building codes? Landmark designation does not change zoning or building codes except to add greater flexibility, through exceptions for designated buildings in the International Building Codes, and the ability for designated properties to utilize the Uniform Codes for Building Conservation.  Is there a new floor area ratio (FAR) requirement? No. FARs, and similar building requirements are dictated by the zoning district your home is in.  Are landscaping projects affected by the historic designation? It depends. Only landscaping projects that would significantly or “permanently” change the appearance of the property would typically be reviewed, at either the administrative (staff) level or by the Commission. Examples of a change that could need Commission review would be adding a structure, such as a greenhouse; building a front driveway where one never existed, or building large berms in the front yard that hide a portion of the house. Work that would typically be reviewed at the administrative (staff) level would be adding a fence or a drive in the rear yard. It’s often a matter of degree: while building a new walkway using “less permanent” materials, such as stepping stones, might need staff review, adding decorative stepping stones to a garden would not. Other examples of work that wouldn’t normally be reviewed are planting or removing trees or shrubs, building raised flower beds or planter boxes, or digging up the back yard for a garden. WHAT NEW REQUIREMENTS SHOULD WE BE AWARE OF?  Interim Control: Interim control is a period of time during which a hold is placed on building permits for demolition, alterations or construction on properties under considered for landmark designation. This delay only affects work requiring a building permit. The hold ends with Council’s decision on the designation or after 180 days, whichever occurs first. The interim period for the proposed Whitcomb Street District began on April 11, 2012, and will expire in October. Please contact Historic Preservation staff with any questions or for additional information: Karen McWilliams Josh Weinberg kmcwilliams@fcgov.com jweinberg@fcgov.com 970-224-6078 970-221-6202 4 ATTACHMENT 8 1 1 Request for Designation of the Whitcomb Street Historic District as a Fort Collins Landmark District 2 Vicinity Map ATTACHMENT 9 2 3 Whitcomb Historic District 4 Historic Districts in Fort Collins 3 5 6 4 7 8 127 S Whitcomb 129 S Whitcomb St 5 9 Why Want Designation? • Financial Benefits • Increased Property Value • Predictability – Requires Review of Exterior Alterations and Demolition • Additions and Alterations are Allowed • Size and Design Can Be Affected 10 Consenting & Not Consenting 6 11 Summary of Landmark Preservation Commission Action • 4-11-12: Application for Landmark District Designation • 4-11-12: Adopts Resolution to Further Investigate District • 8-8-12: District is Eligible, Application Should Proceed • 10-10-12: Designation Hearing; Resolution Recommending Council Approve District 12 Landmark Preservation Commission Findings and Resolution • The Boundary is Appropriate • 13 of 14 Properties Eligible • The District is Historically and Architecturally Significant under 3 of 4 Designation Standards LPC Adopted (7-0) Resolution Recommending Council Approval of the Whitcomb Street Historic District as a Landmark District ORDINANCE NO. 153, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE WHITCOMB STREET HISTORIC DISTRICT AS A FORT COLLINS LANDMARK DISTRICT PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of landmarks and landmark districts within the City; and WHEREAS, by Resolution dated October 10, 2012, the Landmark Preservation Commission (the "Commission") has determined that the Whitcomb Street Historic District forms a cohesive unit; that a large percentage of the primary historic resources within the district are contributing to the district; that the district contains a preponderance of historical integrity; and that the district is historically and architecturally significant to Fort Collins under Landmark Designation Standards 1, 2 and 3; and WHEREAS, the Commission has further determined that said district meets the criteria of a landmark district as set forth in Section 14-5 of the Code and is eligible for designation as a landmark district, and has recommended to the City Council that said district be designated by the City Council as a landmark district; and WHEREAS, the owners of ten of the fourteen properties comprising the district have consented to, and desire such landmark designation; and WHEREAS, such landmark designation will preserve the district’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate said properties as a landmark district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Whitcomb Street Historic District, consisting of the following properties located in the City of Fort Collins, Larimer County, Colorado: 105 South Whitcomb Street; 108 South Whitcomb Street; 112 South Whitcomb Street; 113 South Whitcomb Street; 117 South Whitcomb Street; 118 South Whitcomb Street; 121 South Whitcomb Street; 122 South Whitcomb Street; 125 South Whitcomb Street; 126 South Whitcomb Street; 129 South Whitcomb Street; 130 South Whitcomb Street; 601 West Mountain Avenue; and 612 West Oak Street and described as follows, to wit: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF FORT COLLINS, COUNTY OF LARIMER; STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF BLOCK 270 OF THE LOOMIS ADDITION, AND CONSIDERING THE EAST LINE OF SAID BLOCK 270 TO BEAR SOUTH, WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO; THENCE IN A SOUTHEASTERLY DIRECTION ACROSS THE RIGHT OF WAY OF WHITCOMB STREET TO A POINT ON THE EAST RIGHT OF WAY OF WHITCOMB STREET, SAID POINT LYING 10 FEET NORTH OF THE NORTHWEST CORNER OF LOT 6, BLOCK 71 OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS; THENCE PARALLEL TO THE NORTH LINE OF SAID LOT 6, EAST, A DISTANCE OF 55 FEET; THENCE PARALLEL TO THE EAST RIGHT OF WAY LINE OF WHITCOMB STREET, SOUTH, A DISTANCE OF 10 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 6; THENCE ALONG SAID NORTH LINE, EAST, A DISTANCE OF 20 FEET; THENCE PARALLEL TO THE EAST RIGHT OF WAY LINE OF WHITCOMB STREET, SOUTH, A DISTANCE OF 50 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 6; THENCE ALONG SAID NORTH LINE, EAST, A DISTANCE OF 60 FEET; THENCE PARALLEL TO THE EAST RIGHT OF WAY LINE OF WHITCOMB STREET, SOUTH, A DISTANCE OF 50 FEET TO A POINT ON THE NORTH LINE OF LOT 7 OF SAID BLOCK 71; THENCE ALONG SAID NORTH LINE, EAST, A DISTANCE OF 55 FEET TO THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH, A DISTANCE OF 100 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE ALONG THE SOUTH LINE OF SAID LOT 7, EAST, A DISTANCE OF 7 FEET MORE OR LESS TO THE LINE OF THE ARTHUR DITCH; THENCE SOUTHWESTERLY ALONG SAID LINE OF THE ARTHUR DITCH TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF LOT 8 OF SAID BLOCK 71, SAID POINT BEING 126 FEET MORE OR LESS EAST OF THE EAST RIGHT OF WAY LINE OF WHITCOMB STREET; THENCE ALONG SAID NORTH LINE, WEST, 26 FEET; THENCE PARALLEL TO THE EAST RIGHT OF WAY LINE OF WHITCOMB STREET, SOUTH, A DISTANCE OF 50 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF OAK STREET AND THE SOUTH LINE OF SAID LOT 8; THENCE ALONG THE SOUTH LINE OF SAID LOT 8, WEST, A DISTANCE OF 100 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE CONTINUING WEST, A DISTANCE OF 100 FEET ACROSS THE RIGHT OF WAY OF WHITCOMB STREET TO THE SOUTHEAST CORNER OF BLOCK 270 OF THE LOOMIS ADDITION; THENCE CONTINUING WEST, A DISTANCE OF 190 FEET TO THE SOUTHWEST CORNER OF LOT 17 OF SAID BLOCK 270; THENCE ALONG THE WEST LINE OF LOTS 17, 16, 13, AND 12 OF SAID BLOCK 270, NORTH, A DISTANCE OF 200 FEET TO THE NORTHWEST CORNER OF -2- SAID LOT 12; THENCE ALONG THE NORTH LINE OF SAID LOT 12, EAST, A DISTANCE OF 110 FEET; THENCE ALONG THE WEST LINE OF LOT 2 OF SAID BLOCK 270 AND ITS EXTENSION, NORTH, A DISTANCE OF 200 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE NORTH LINE OF LOTS 2 AND 1 OF SAID BLOCK 270, EAST, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING; CONTAINING 3.037 ACRES MORE OR LESS be designated as a Fort Collins Landmark District in accordance with Chapter l4 of the Code of the City of Fort Collins. Section 2. That the criteria in Section 14-48 of the Municipal Code will serve as the standards by which alterations, additions and other changes to the buildings and structures located within the boundaries of the above described district will be reviewed for compliance with Chapter 14, Article III, of the Code of the City of Fort Collins Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- DATE: December 18, 2012 STAFF: Jessica Ping-Small Jim Szakmeister AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 26 SUBJECT First Reading of Ordinance No. 154, 2012, Amending Article IV of Chapter 15 of the City Code relating to Door-to-Door Solicitation. EXECUTIVE SUMMARY City Council adopted Ordinance No. 060, 2011, which took effect on May 27, 2011. It established a permit system regulating residential door-to door solicitation. The City's goal in regulating door-to-door solicitation was to help protect the safety and privacy of residents in their dwellings. Since implementing the permit system, staff has identified certain changes that they recommend be made to the provisions to ensure that the permit system is working properly and effectively, and also to allow staff to respond quickly and efficiently to violations of the Ordinance. BACKGROUND / DISCUSSION In 2011, the “Green River Ordinance” was replaced to bring the City's regulations more in line with the approach that many other Colorado cities had taken regarding residential solicitation. From an administrative perspective, the first year of the ordinance has proceeded fairly smoothly. However, certain aspects surrounding an out-of-state solicitation vendor in the summer of 2012 raised questions about the ordinance. Under the Ordinance, residents have the following options for dealing with solicitors at their door: • Post a "No Trespassing" or "No Solicitation" sign, which prohibits all door-to-door solicitation whether commercial or non-commercial. • Complete the online no-solicitation form, which prohibits commercial solicitations only. • Take no action, which allows all commercial and non-commercial solicitation. The following are the Sales Tax Office and Police Services statistics to date: • 4,439 households have signed up online for the no-solicitation list. • 44 companies have been issued two-year permits to solicit in the City of Fort Collins. Of the 44 companies, 7 have out-of-state addresses. Licensing and Citation Statistics 2011 2012 YTD Number of Calls to Police Services 97* 114* Total Citations Issued 17 22 Number of Repeat Offenders (Issued 2 citations) 1 1 Number of Citations Issued to Solicitors with a Permit 4** 4*** Number of Badges Suspended or Revoked 2 6 Number of Permits Suspended or Revoked 0 1 *The remaining calls were closed under the following circumstances: unable to locate; unfounded; warning; gone on arrival. **The badges in connection with 2 of these citations were suspended. ***The permit and badges in connection with all 4 citations were revoked. December 18, 2012 -2- ITEM 26 There are currently three kinds of remedies available to the City for violation of the Ordinance: • Suspension or revocation of the identification badge of individual solicitors. • Suspension, revocation, or non-renewal of the permit; and/or • Criminal prosecution of the solicitor(s) and/or permit holder. Staff has met to discuss the Solicitation Ordinance and is recommending the following process improvements: • A weekly report will be generated by Police Services itemizing all solicitation calls that will be sent directly to the Sales Tax office, along with copies of all police reports and citations issued will be sent to Sales Tax for monitoring of repeat offenders. • The Sales Tax office will review the reports when received and take appropriate actions to warn, suspend, or revoke the permit holders. This process will foster better communication between staff at the Sales Tax Office and Police Services, and facilitate a quicker response time to handle violations. • Tighter policies and procedures should be put in place, including criteria to determine how and when a permit or badge holder will be suspended or revoked. The criteria in the policies and procedures used to determine if a violation warrants a suspension or revocation will include the following: • Inadvertently vs. knowingly violating the Ordinance • Repeated violations • Prior warnings • Any threatening, harassing or intimidating behavior • Misrepresentation • Likelihood of future violations In addition, staff is making the following recommendations to amend the Ordinance: • Clarify that the owners of multi-family dwellings and other buildings housing multiple occupants may post a sign prohibiting solicitation on behalf of all such occupants. • Authorize the Financial Officer to suspend a badge and/or permit. • Require those that supervise solicitors to complete a criminal background check. • Incorporate more clearly defined due process requirements. • Limit the requisite criminal background check to the ten (10) years immediately preceding the permit application. • Eliminate the current requirement of a sales tax deposit. • Add a misdemeanor offense for displaying a badge unlawfully after suspension or revocation. • Add a provision requiring a $50 deposit for a badge, to be refunded at the expiration of the term of the badge or upon revocation or voluntary relinquishment. In addition to proposing these Code amendments, management staff will be working with the City Attorney’s Office to review and possibly revise prosecution policies. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH On December 5, 2012, staff issued a letter to all permitted solicitation vendors notifying them of the proposed changes to the City’s door-to-door solicitation ordinance. December 18, 2012 -3- ITEM 26 In the spring of 2013, staff will initiate an outreach campaign which will educate citizens on the requirement to update their inclusion on the no-solicitation list which will expire on the two- year anniversary of the ordinance in May of 2013. The outreach will also educate citizens about the pending updates to the ordinance and provide a refresher on the methods to stop solicitors from knocking on their door. ATTACHMENTS 1. Powerpoint presentation 1 1 Door-to-Door Solicitation Update December 18, 2012 2 History/Provisions City Council passed Ordinance No. 060, 2011 in May, 2011 • Replaced “Green River Ordinance” • Established permit system regulating door-to-door solicitation Key Provisions • Commercial solicitors must have a permit to conduct door-to- door sales within the City • Individual solicitors or badge holders are required to complete a criminal background check • Non-commercial solicitations are not regulated. By law, non- commercial solicitations include such things as religious and political contacts, fundraisers for schools and other tax-exempt organizations, and the sale of newspaper and magazine subscriptions • The permit is issued for two years ATTACHMENT 1 2 3 Options for Citizens to “Opt Out” • Post a "No Trespassing" or "No Solicitation" sign, which prohibits all door-to-door solicitation whether commercial or non-commercial • Complete the online no solicitation form, which prohibits solely commercial solicitation • Take no action, which allows all commercial and non-commercial solicitation Posting a “No Trespassing” or “No Solicitation” sign is the most effective way to prohibit solicitors. 4 Statistics • 4,439 households have signed up for the no- solicitation list online • 44 companies have been issued a permit to solicit in the City of Fort Collins • Of the 44 companies, 7 have out of state addresses. • 9 of the 44 companies list Fort Collins addresses The majority of solicitation companies are not local to Fort Collins. 3 5 Statistics Police Services and Licensing Statistics To Date 2011 2012 YTD Number of Calls to Police Services 97* 114* Total Citations Issued 17 22 Number of Repeat Offenders (Issued 2 citations) 1 1 Number Citations Issued to Solicitors with a Permit 4** 4*** Number of Badges Suspended or Revoked 2 6 Number of Permits Suspended or Revoked 0 1 *The remaining calls were closed under the following circumstances: unable to locate; unfounded; warning; gone on arrival. **The badges in connection with 2 of these citations were suspended. ***The permit and badges in connection with all 4 citations were revoked. The majority of citations issued have been to companies operating without a valid solicitor permit. 6 Handbill Clarification • A solicitor permit is required if a handbill, advertisement or flyer is personally given to a resident. • If the handbill, advertisement or flyer is left on the door without contacting the resident, a permit is not required. • No handbills or advertisements may be left at a residence which has a "No Soliciting" or "No Trespassing" sign. Signing up for the “No Solicit” list online does not prevent solicitors from leaving handbills if no personal contact is made. 4 7 Recommended Ordinance Changes • Clarify that the owners of multi-family dwellings and other buildings housing multiple occupants may post a sign prohibiting solicitation on behalf of all such occupants. • Authorize the Financial Officer to suspend a badge and/or permit. • Require those that supervise solicitors to complete a criminal background check. • Incorporate more clearly defined due process requirements. • Limit the requisite criminal background check to the ten (10) years immediately preceding the permit application; eliminate the current requirement of sales tax deposit. • Add a misdemeanor offense for displaying a badge unlawfully after suspension or revocation. • Add a provision requiring a fifty (50) dollar deposit for a badge, to be refunded at the expiration of the term of the badge or upon revocation or voluntary relinquishment. 8 Recent Policy and Procedure Improvements • A weekly report generated by Police Services and sent to the Sales Tax Office itemizing all solicitation calls – including copies of reports and citations • Improved communication between the Sales Tax Office and Police Services • Defined criteria to warrant suspension or revocation • Criteria includes:  Inadvertently vs. knowingly violating the ordinance  Repeated violation  Prior warnings  Behavior – threatening, harassing or intimidating  Misrepresentation  Likelihood of future violations Improvements will facilitate an expedient and efficient response to permit holders that violate the ordinance. 5 9 Public Outreach Plan – Spring 2013 • Citizen education campaign • 2 year anniversary of ordinance • Majority of permits will expire spring/summer 2013 • Citizens will need to resubmit name and address for online “No Solicit” list • Refresher for citizens on how to ban solicitors from private residences Posting a “No Trespassing” or “No Solicitation” sign is the most effective way to prohibit solicitors permanently. ORDINANCE NO. 154, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DOOR-TO-DOOR SOLICITATIONS WHEREAS, on May 27, 2011, acting on the recommendation of the City Attorney’s Office, the City Council replaced the City’s total ban on commercial door-to-door residential solicitation with a permit system regulating such solicitation; and WHEREAS, in implementing that permit system, City staff has identified certain changes that they believe should be made to the provisions of Chapter 15, Article IV of the City Code, in which the permit system has been established; and WHEREAS, City staff has recommended these changes be made to ensure that the permit system is working properly and effectively, and to allow staff to respond quickly and efficiently when violations to the ordinance occur; and WHEREAS, the effect of the amendments recommended by City staff would be to: • clarify that the owners of multi-family dwellings and other buildings housing multiple occupants may post a sign prohibiting solicitation on behalf of all such occupants; • authorize the Financial Officer to suspend a badge and/or permit; • require persons who supervise solicitors to complete a criminal background check; • incorporate more clearly defined due process requirements; • limit the requisite criminal background check to the ten (10) years immediately preceding the permit application; eliminate the current requirement of sales tax deposit; • add a misdemeanor offense for displaying a badge unlawfully after suspension or revocation; and • add a provision requiring a fifty (50) dollar deposit for a badge, to be refunded at the expiration of the term of the badge or upon revocation or voluntary relinquishment; and WHEREAS, the City Council believes it would be in the best interests of the City to approve these changes so as to better protect the safety and privacy interests of City residents while, at the same time, respecting the First Amendment and due process rights of solicitors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 15-107 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Supervising staff” which reads in its entirety as follows: Sec. 15-107. Definitions. . . . Supervising staff means any person who manages or supervises commercial solicitors. Section 2. That Section 15-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-108. All solicitation prohibited by posting of "No Solicitation" or "No Trespassing" sign. (a) No solicitor, whether commercial or noncommercial, shall enter or remain upon any public or private premises in the City if a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. For the purposes of this provision, the owner of a building that houses multiple dwelling units, including, but not limited to a multi-family dwelling, fraternity or sorority house, hotel, or motel, may post a sign at or near all entrances to such building that face a public street or right-of-way and thereby prohibit solicitation at any dwelling unit contained in such building. (b) This provision shall apply to all solicitation including, without limitation, all activities that are religious, charitable or political in nature and all solicitation. Section 3. That Section 15-111 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-111. Application contents; fees. (a) Each person applying for a door-to-door commercial solicitation permit shall file with the Financial Officer an affidavit on a form supplied by the Financial Officer stating: (1) The full name, business address and business telephone number of the applicant; (2) Information regarding the business as required by the Financial Officer, including, without limitation, its legal status and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State; (3) A complete list of all persons to be authorized to solicit under the permit and all supervising staff; (4) For each person authorized to solicit under a permit and all supervising staff, the following information: -2- a. Names, address, telephone number and date of birth; b. A current copy of the persons' criminal background check, as maintained by the Colorado Bureau of Investigation, dated no more than sixty (60) days prior to the date of the application; c. A description of the individual including height, weight, color of eyes and color of hair; and d. The number and state of issuance of the individual's motor vehicle operator's license or chauffeur's license, if any, or other state-issued photo identification. (5) A brief explanation of the nature of the solicitation activity that requires a permit under this Division; (6) If the applicant is a foreign corporation or an employee of such corporation, the name, address and telephone number of an agent for process residing in the state; (7) Proof that the applicant has obtained a valid City sales and use tax license; (8) Proof that the applicant has deposited the sales tax deposit or has received a valid waiver of such sales tax deposit; and (98) Any other information determined to be relevant by the Financial Officer. (b) At the time of application, the applicant shall also submit a photograph of each person to be authorized to solicit under the permit, taken no more than six (6) months prior to the date of application, which photograph fairly depicts the appearance of the proposed solicitor as of the date of application and which, in the judgment of the Financial Officer, is suitable for reproduction on the identification badge to be issued by the City. (c) At the time of application, each applicant shall pay a fee in an amount determined by the Financial Officer to be sufficient to defray the costs incurred by the City in processing the application, plus an additional fee to defray the costs of preparing and issuing an identification badge for each person to be authorized to solicit under the permit, including the applicant. Said fees shall be nonrefundable. (d) At the time of application, the applicant shall pay a $50 deposit for each badge, to be refunded to the permit holder at the expiration of the term of the badge or upon revocation or voluntary relinquishment. Section 4. That Section 15-113 of the Code of the City of Fort Collins is hereby repealed in its entirety as follows: Sec. 15-113. Sales tax deposit. -3- (a) If at the time of filing the application the applicant has not maintained a City sales tax license for at least the previous twenty-four (24) months, the applicant shall deposit with the Financial Officer a sales tax deposit in the sum of two hundred fifty dollars ($250.). The Financial Officer may waive the sales tax deposit upon a showing that the applicant has maintained a City sales tax license for at least the previous twenty-four (24) months and has a record of promptly paying any sales tax due. (b) Upon issuance of the solicitation permit and subsequent verification by the City that the permittee has paid the sales tax due the City, the balance of the deposit required under Subsection (a) of this Section, if any, shall be returned to the permittee. If the permittee fails to pay the City's sales tax and does not seek return of the sales tax deposit within ninety (90) days from the expiration of the permit, the City Manager may declare the deposit forfeited and notify the permittee thereof at the address shown on the permit. Forfeiture of the sales tax deposit, however, shall not release the permittee from the obligation to remit the correct amount of sales tax due. Section 5. That the Code of the City of Fort Collins is hereby amended by adding a new Section 15-113, which Section reads as follows: Sec. 15-113. Persons prohibited. A person shall not be eligible for issuance of a permit or identification badge under this Division if: (1) Such person has been released within the ten (10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence, resulting from has been a convictedion of any felony or Class 1 misdemeanor under the laws of the State of Colorado or an equivalent offense under any federal, state, county or municipal law; or (2) A permit or an identification badge previously issued to such person by the Financial Officer under§ 15-110 has been revoked by the Financial Officer under §§ 15-120 or 15-121 below. Section 6. That Section 15-120 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-120. Suspension or rRevocation of identification badge. The Financial Officer After written notice of no less than ten (10) calendar days and a hearing if requested in writing by the badge holder within twenty (20) calendar days after the date of mailing of such notice, the Financial Officer may suspend or revoke the identification badge of any solicitor that has engaged in any unlawful solicitation. The grounds for such suspension or revocation may include, but shall -4- not be limited to the following: (1) Failure to solicit in a manner that is in compliance with the permit and the provisions of this Division; (2) Soliciting in such a manner as to constitute a menace to the health, safety or general welfare of the public.. In the event the alleged conduct that is the basis for the suspension or revocation of the identification badge is the subject of a pending criminal or non-traffic civil citation, the Financial Officer may either defer his or her decision regarding suspension or revocation until such citation has been resolved or immediately proceed with the foregoing administrative action prior to the resolution of such citation. Section 7. That Section 15-121 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-121. Suspension, Nonrenewal or revocation or non-renewal of permit. The Financial Officer After written notice of no less than ten (10) calendar days and a hearing if requested in writing by the badge holder within twenty (20) calendar days after the date of the mailing of such notice, the Financial Officer may suspend or revoke the identification badge of any solicitor that has engaged in any unlawful solicitation. The grounds for such suspension or revocation may include, but shall not be limited to the following: (1) Fraud, misrepresentation or false statement in the application for the permit or any renewal application, including, without limitation, representations made as to the criminal history of any person to be authorized to solicit under the permit; (2) Failure to obtain a sales and use tax license as required by the City or to remit any sales tax due the City; (3) Failure to supervise solicitation conducted under the permit so as to reasonably ensure that such solicitation is in compliance with the terms of the permit and with the provisions of this Division; or (4) Authorizing, condoning or knowingly tolerating any unlawful solicitation or any solicitation conducted in such a manner as to constitute a menace to the health, safety or general welfare of the public. In the event the alleged conduct that is the basis for the suspension or revocation of the identification badge is the subject of a pending criminal or non-traffic civil citation, the Financial Officer may either defer his or her decision regarding suspension or revocation until such citation has been resolved or immediately -5- proceed with the foregoing administrative action prior to the resolution of such citation. Section 8. That the Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 15-122, and all subsequent numbers to be renumbered accordingly, which Section reads as follows: Sec. 15-122 Emergency summary suspension of identification badge or permit. If reasonable grounds exist to believe that a permittee and/or badge holder has engaged in illegal activity such that the public health, safety or welfare imperatively requires emergency action, the Financial Officer may summarily suspend the permit and/or badge pending the outcome of the proceedings set forth in Secs. 15-120 or 15- 121, as applicable. The temporary suspension of a permit or badge without notice pending a hearing shall be for a period not to exceed fifteen (15) days. Section 9. That the Code of the City of Fort Collins is hereby amended by adding a Section, to be numbered 15-123, and all subsequent numbers to be renumbered accordingly, which Section reads as follows: Sec. 15-.123 Displaying a badge after suspension, revocation or non-renewal. No person shall display an identification badge after it has been invalidated by suspension, revocation, or non-renewal. Section 10. That the Code of the City of Fort Collins is hereby amended by adding a Section, to be numbered 15-124, and all subsequent numbers to be renumbered accordingly, which Section reads as follows: Sec. 15-124 Promulgation of rules and regulations. The Financial Officer may promulgate administrative rules and regulations to effectuate the purposes of this Article. -6- Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -7- DATE: December 18, 2012 STAFF: Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 27 SUBJECT First Reading of Ordinance No. 155, 2012, Amending Section 2-483 of the City Code So as to Make the Conflict of Interest Provisions Contained in Article IV, Section 9 of the City Charter Applicable to the Members of the Board of Commissioners of the Fort Collins Urban Renewal Authority. EXECUTIVE SUMMARY This Ordinance would amend the City Code so that the ethical rules that apply to the City Council will also apply to the URA Board of Commissioners. The City Council Ethics Review Board has recommended this change since, in Fort Collins, the URA Board consists of the members of the City Council itself. BACKGROUND / DISCUSSION Article IV, Section 9 of the City Charter contains certain conflict of interest rules that apply to all officers and employees of the City. Under those rules, an “officer or employee” of the City is defined as “any person holding a position by election, appointment or employment in the service of the city, whether part-time or full-time, including a member of any authority, board, committee or commission of the city, other than an authority that is: (1) established under the provisions of the Colorado Revised Statutes; (2) governed by state statutory rules of ethical conduct; and (3) expressly exempted from (the Charter conflict of interest provisions) by ordinance of the Council.” The Fort Collins Urban Renewal Authority (“URA”) has been established by the City Council under the provisions contained in Title 31, Article 25, Part 1 of the Colorado Revised Statutes. The statutory ethical rules that apply to officers and employees of URAs are different than those contained in the Charter. Because City Code Section 2-483 presently exempts the URA from the provisions of Article IV, Section 9 of the Charter, the state statutory rules, rather than Charter conflict of interest rules, apply to the officers are employees of the URA. The state statutory conflict of interest rule most directly applicable to the URA is the rule contained in C.R.S. § 31-25- 104(3), which prohibits commissioners and other officers and employees of authorities and their immediate family members from acquiring any interest in any project or in any property included or planned to be included in any project, or from having any interest, direct or indirect, in any contract for materials or services to be furnished or used in connection with any project. This state ethical rule is less restrictive than the conflict of interest rules contained in the Charter, in that the Charter rules not only prohibit officers and employees of the City from having any financial interest in decisions that may come before them but also from having any “personal interest” in such decision, as that term is defined in the Charter. Under state law, an authority may either be comprised of the members of the governing body that create the authority or of other appointed members. In Fort Collins, the URA Board consists of the Council itself. The City Council Ethics Review Board, which is authorized under City Code Section 2-569(c)(4) to propose any revisions to the City rules of ethical conduct, has recommended that, in view of the fact that the City Council has designated itself as the board of commissioners of the Authority, the City Code should be amended so as to apply the same ethical rules of conduct to the Authority as apply to the Council. The ordinance would make that change. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 155, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-483 OF THE CODE OF THE CITY OF FORT COLLINS SO AS TO MAKE THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN THE CITY CHARTER APPLICABLE TO THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY WHEREAS, Article IV, Section 9 of the City Charter and Section 2-568 of the City Code contain certain ethical rules that apply to all officers and employees of the City; and WHEREAS, Section 9(a) of the Charter and Section 2-568(a)(4) of the City Code define an “officer or employee” of the City as “any person holding a position by election, appointment or employment in the service of the city, whether part-time or full-time, including a member of any authority, board, committee or commission of the city, other than an authority that is: (1) established under the provisions of the Colorado Revised Statutes; (2) governed by state statutory rules of ethical conduct; and (3) expressly exempted from (the Charter conflict of interest provisions) by ordinance of the Council”; and WHEREAS, the Fort Collins Urban Renewal Authority (the “Authority”) has been established by the City Council under the provisions contained in Title 31, Article 25, Part 1 of the Colorado Revised Statutes; and WHEREAS, such authority is governed by state statutory rules of ethical conduct and is currently expressly exempted under Section 2-483 from the provisions of Article IV, Section 9 of the Charter, so that the Charter conflict of interest rules do not apply to the members of the Board of Commissioners of the Authority (the “Board”); and WHEREAS, under C.R.S. Sections 31-25-104(2)(a) and 31-25-115(1), the board of commissioners of an urban renewal authority may either consist of five to eleven members appointed by the governing body of the municipality, not more than one of whom may be an official of the municipality, or it may consist of the members of the governing body itself; and WHEREAS, on April 4, 2006, by adoption of Ordinance No. 048, 2006, the City Council established the Authority and designated itself as the Board; and WHEREAS, the state statutory conflict of interest rule most directly applicable to the officers and employees of an authority is the rule contained in C.R.S. Section 31-25-104(3), which prohibits commissioners and other officers and employees of authorities and their immediate family members from acquiring any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or from having any interest, direct or indirect, in any contract for materials or services to be furnished or used in connection with any project; and WHEREAS, this state conflict of interest rule is less restrictive than the conflict of interest rules contained in the City Charter, in that the Charter rules not only prohibit officers and employees of the City from having any financial interest in decisions that may come before them in their official capacities but also from having any “personal interest” in such decision, as that term is defined in the Charter; and WHEREAS, the City Council Ethics Review Board (the “Review Board”) is authorized under Section 2-569(c)(4) of the City Code to propose any revisions to the provisions of the Charter or Code or other regulations, rules or policies of the City pertaining to ethical conduct as the Review Board may deem necessary and appropriate in the best interests of the City; and WHEREAS, in Opinion No. 2012-2, the Review Board has recommended that, in view of the fact that the City Council has designated itself as the board of commissioners of the Authority, the City Code should be amended so as to apply the same ethical rules of conduct to both the Authority and the Council; and WHEREAS, the City Council agrees that such amendment is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-483 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Section 2-483. Conflicts of interest. The officers and employees of the Authority shall be governed by the applicable rules of ethical conduct contained in state statutory rules of ethical conduct, and said persons shall be expressly exempted from the provisions of Article IV, Section 9 of the Charter and in Section 2-568 of the Code. Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: December 18, 2012 STAFF: Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 28 SUBJECT Resolution 2012-122 Accepting Advisory Opinion and Recommendation No. 2012-3 of the Ethics Review Board. EXECUTIVE SUMMARY Under City Code Section 2-569, City Councilmembers may present to the Council Ethics Review Board inquiries regarding the application of state or local ethical rules to actual or hypothetical situations involving potential conflicts of interest. On December 7, 2012, the Ethics Review Board met for the purpose of responding to an inquiry submitted to the Board by Mayor Weitkunat and Councilmember Manvel. The question submitted is whether, in the Board’s opinion, either of them has a conflict of interest in participating in upcoming decisions of the City Council regarding the possible redevelopment of the Link-n-Greens property by Woodward, Inc. The Mayor and Councilmember Manvel presented the question because of the proximity of their respective businesses to the redevelopment site. As required by the Code, the Board has forwarded its opinion and recommendation to the full Council for its consideration. The Board opinion indicates that neither Mayor Weitkunat or Councilmember Manvel has a conflict of interest in this situation. Adoption of the Resolution would indicate that the majority of the Council agrees with the Board’s opinion and recommendation. RESOLUTION 2012-122 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING ADVISORY OPINION AND RECOMMENDATION NO. 2012-3 OF THE ETHICS REVIEW BOARD WHEREAS, the City Council Ethics Review Board is empowered under Section 2-569 of the City Code to render advisory opinions and recommendations regarding actual or hypothetical situations of Councilmembers or board and commission members of the City; and WHEREAS, an alternate Ethics Review Board (the “Board”) was appointed by the City Council by adoption of Resolution 2012-112 to consider inquires submitted by Mayor Karen Weitkunat and Councilmember Ben Manvel as to whether they have a conflict of interest in participating in decisions of the City Council pertaining to the possible redevelopment of the Link-n- Greens property by Woodward, Inc.; and WHEREAS, the Board met on December 7, 2012 to consider these inquiries and has issued an advisory opinion that neither the Mayor nor Councilmember Manvel has a conflict of interest; and WHEREAS, Section 2-569(e) of the City Code provides that all advisory opinions and recommendations of the Board be placed on the agenda for the next special or regular City Council meeting, at which time the City Council shall determine whether to adopt such opinions and recommendation; and WHEREAS, the City Council has reviewed the opinion and recommendation of the Board and wishes to adopt the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Opinion No. 2012-3 of the Ethics Review Board, a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A,” has been submitted to and reviewed by the City Council, and the Council hereby adopts the opinion and recommendations contained therein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of December A.D. 2012. Mayor Pro Tem ATTEST: City Clerk -Compliance with all buffer standards Existing Vegetation Minimize disturbance Preservation of existing vegetation, mitigation requirements Preservation of existing vegetation, mitigation requirements General Conditions that apply to all oil and gas operations, regardless of the review track selected Emergency Response Must have a plan in compliance with the International Fire Code - Include emergency contact information for the operator - Trigger/threshold levels identified to determine when a state of emergency should be declared - Spills shall be immediately reported - Establish a process for the operator to notify neighbors regarding risks and establish a communication process Transportation - Access roads and access points shall be provided, reviewed, and approved by the City - A traffic impact analysis shall be submitted; all street frontage shall be improved in accordance with the Larimer County Urban Area Street Standards, including street trees, sidewalk, curb and gutter - Transportation fees and securities, i.e., bond or letter of credit, provided to ensure no damage to City streets, including any access routes Lighting Except during drilling, completion or other activities where worker safety is a concern, all lighting shall be fully shielded and not spill off the site Spills Chemical spills and releases shall be reported in accordance with local, state, and federal laws Chemical Disclosure All Material Safety Data Sheets (MSDS) shall be provided to the City and Emergency Personnel compressors Required for pumping units and compressors Required for pumping units and compressors Green Completions Must ensure no significant degradation Capture gas during completion or use completion combustion devices rather than flare or vent Capture gas during completion or use completion combustion devices rather than flare or vent Air Quality Monitoring Must ensure no significant degradation of air quality Baseline and well completion monitoring required, and additional post-completion testing may be required if changes in air quality are identified Baseline and well completion monitoring required, and additional post-completion testing may be required if changes in air quality are identified prior to the hearing Public Comments Written comments can be provided prior to or at the public hearing Residents and affected parties can testify at the public hearing Decision-making authority Planning and Zoning Board approval Setbacks If not located on an existing well pad, all operations must be 500’ from an occupied structure, water well, Natural Area or City Park and 150’ from any property line ATTACHMENT 1 underlying soil. Cellulose fiber mulch shall be added with the proportionate quantities of water and other approved materials in the slurry tank. All ingredients shall be mixed to form a homogenous slurry. Using the color of the mulch as a metering agent, spray apply the slurry mixture uniformly over the seeded area. Apply with tackafier used at a rate of 120 pounds per acre. Unless otherwise ordered for specific areas, fiber mulch shall be applied at the rate of 2,000 pounds per acre. Hydraulic mulching shall not be performed in the presence of free surface water resulting from rains, melting snow or other causes. jute netting or approved equal shall be used. Netting shall be stapled with No. 11 gauge steel wire forged into a 6-inch long U-shape, and painted for visibility in mowed areas. 10.1.9 Fertilizer. Fertilizer. Fertilizer with a formula of 18-46-0 shall be used on all areas to be seeded. Apply 8 pounds per 1,000 plans. B. Evenly distribute soil amendment at rate of 3 cubic yards per 1,000 square of area, or 1-inch depth over the entire area to be prepared. Modify the rate if a soil test recommends otherwise. Till amendments into top 6 inches of soil. Compact to a firm, but not hard density (80% of Standard Proctor Density at 2% optimum moisture). Evenly distribute triple superphosphate fertilizer at the rate of 15 pounds per 1,000 square feet. Modify the type and rate if a soil test recommends otherwise. plants or roots, sticks, weed stolons, seeds, high salt content and other materials harmful to plant life. The compost shall be coarsely ground with an even composition and have an acidity in the range of pH 5.5 to pH 7.0. All material shall be sufficiently composted such that no original source material used is recognizable. 9.3.2 Topsoil. Topsoil must be taken from a well drained, arable site and shall be reasonably free of subsoil, stones, clods, sticks, roots and other B. The contractor shall provide operating keys, servicing tools, test equipment, warranties/guarantees, maintenance manuals, and the contractor's affidavit of release of liens. Submittal of all these items must be accompanied by a transmittal letter and delivered to the City Parks Division offices (delivery at the project site is not acceptable.) needed to obtain acceptable performance of the system as directed by staff. D. The contractor shall replace defective valves, wiring or other appurtenances to correct operational deficiencies. B. All work other than actual connection, including access to the transformer box where applicable, shall be supplied by the contractor. C. All materials shall be provided by the contractor. When working near any City electric facility, prior coordination and approval is required. 8.4.9 Controller Installation: A. Controllers shall be installed in an above-ground location suitable to prevent vandalism and provide protection from adverse weather conditions, and per City direction. completely before installation. Thoroughly flush the piping system under a full head of water for three minutes through the furthest valve. F. Isolation gate valves shall be installed in the valve box. G. Valve boxes shall be branded with the following codes: “SV” and the controller valve number per as-built plans for all remote control valves; “DV” for all drain valves; “GV” for least 6 inches beyond the last tee of the larger pipe. C. PVC lateral pipe shall be snaked from side to side within the trench. D. Cut pipe ends shall be cut square and deburred. Pipe ends shall be cleaned before using primer and solvent cement. Pipe ends shall be joined in a manner recommended by manufacturer and in accordance with accepted industry practices. Joints shall cure for 30 minutes D. Copper pipe shall be soldered so that a continuous bead shows around the joint circumference. Insert a dielectric union wherever a copper-based metal (copper, brass, bronze) and an iron-based metal (iron, galvanized steel, stainless steel) are joined. 8.4.2 Pipe trenching: A. Install pipe in open-cut trenches of sufficient width to facilitate thorough tamping/ puddling of suitable backfill material under and over pipe. B. Trenches shall be as straight as possible, but when a bend of 20 degrees or more is necessary, proper fittings shall be used to reduce stress on the pipe. brands and models to match other equipment in use in public systems in the vicinity. Gear driven rotor heads shall be Hunter or approved equal. Pop-up spray heads shall be Hunter, Rainbird, or approved equal. All heads should have pressure regulating device integrated in them to maintain proper operating pressure. They also shall have anti water draining valves to avoid water waste when not in operation. (Example: Rain Bird 1804 PRS/SAM heads. A minimum of 4” pop-up is required.) the left (wheel opening is unacceptable). E. Manual drain valves shall be ¾-inch ball valve with tee handle, Watts #B-6000, or approved equal. F. Quick coupler valves shall be 1-inch brass, Rainbird #5RC units with rubber cover. Supply 1-inch brass key for Rainbird 55K. G. Spears True Union ball valves shall be installed upstream of the remote control zone valve. Equivalent substitutes shall be accepted. H. Valve boxes shall have matching locking cover which shall be Carson, Pentex or approved equal. sweated on, attaching a female adapter with a threaded brass plug. S. A blowout tee shall be installed immediately downstream of the backflow prevention device. 8.2 MATERIALS STANDARDS 8.2.1 Pipe: A. Copper shall be type K rigid conforming to ASTM Standard B88. B. Mainline shall be Class 200 PVC, NSF approved. If 3 inches or larger, use ringtite pipe. C. Laterals shall be Class 200 PVC, NSF approved. Parks Division prior to or during installation. F. The irrigation system shall be designed to provide full coverage and matched precipitation rates. G. Lateral piping shall be sized based on flow demands in gallons per minute (gpm); with velocities not to exceed 5.5 feet per second. H. Xeriscape principles shall be utilized in the design of the irrigation system. not part of the design intent. Weeding may be done manually or by the use of herbicide and or pre-emergent. The use of any restricted herbicides or soil sterilants is prohibited. In accordance with Best Management Practices, the effectiveness of the herbicide shall be monitored. the Adopt-A-Median program. Contact the City Parks Division at 221-6660 for further information. 7.3 ACCEPTANCE OF NEW ARTERIAL STREETSCAPE PROJECTS FOR CITY MAINTENANCE 7.3.1 Streetscape installed to City standards. Any new streetscape landscaping not designed and installed to these standards may be rejected by the City Parks Division for inclusion in its maintenance program. Developers and City capital projects shall notify the City Parks Division and conduct a walk- through with Parks and Forestry Division staff at the end of the warranty period. Any defects in the landscaping or irrigation system shall be corrected by occur to provide emergency relief of an immediate danger to persons or property. Any such emergency procedures must be reported promptly to the City Forester with plans for completion or follow-up work submitted for approval. See the City of Fort Collins Tree Management Standards and Best Management Practices for details on acceptable pruning practices. 7.2 MAINTENANCE RESPONSIBILITIES Maintenance responsibilities vary among different street types, and also with specific circumstances of abutting properties. 7.2.1 Maintenance responsibilities standards and requirements: A. Street trees located on the City right-of-way are the responsibility requirements. repeating elements to create a theme for the area and avoid clutter. Custom-tailored streetscape with parkway and median details as part of a whole planning approach to a street segment in Campus West. xperienced y basis, and mining the civic inten s. pes vary wid e, to subur to the Natu r valley. area. APE STANDARD ts e complex ucture, and e city. for traffic me ehensive eets as ty public by all d play a character tion of the dely, from ban ural Areas DS e Poud Som incl corr man high and cros hum and The urba aspe Med dre River vall me arterials lusion of me ridors and i naging traff h-visibility provide a ssing the ro manize the add beaut ey are a hig an design, ect of the C ians in a roun ley. s are disting edians alon in roundabo fic, median space for la refuge for oad. Media scale of a w ty and civic ghly visible and thus a City’s stree ndabout. P a guished by ng street outs. Besid ns provide v andscaping pedestrian ans can wide street c identity. mainstay o re a major etscape eff a ge | 19 the des very g, ns t, of forts. when dormant. They can offer a beautiful alternative to cool-season turfgrasses with their fine textures and soft gray-green color. They require full sun and significant weed control to maintain a high quality appearance in city landscapes. They do not tolerate shady spots, high levels of foot traffic, or overwatering. They are not as competitive with weeds, and weeds stand out in contrast to the texture and color of the grasses. y where tree lly require roperty ewalks. C 4.1. inte The app spac grow spec side tree uniq 4.1. Orn subs whe prev CITY OF FORT .5 Adjustm ervals. e Director o prove or req cing interva wth habits cies, for sa ewalk, and es or other que to the .6 Overhea amental tr stitution of ere overhea vent norma COLLINS STR ment of spa or the City quire larger als to bette of differen afe use of t to better f existing co location. ad power rees may be f the canop ad lines and al growth a REETSCAPE ST acing Forester m r or smaller er fit the nt street tre he street o fit with exis onditions line conflic e planted in py shade tre d fixtures and maturit TANDARDS ay r ee or sting cts. n ees ty. ts that set rds tailored es along str tal, unifying ty streetsca e considere ublic infras eet as disti fying frame opments. y shading a ewalks to re mer heat bu er between the sidewa roadway. for streetli now storag APE STANDARD y to all de, except pplicable forth d to the reet edges g element apes. ed as structure nct space, ework for along educe uild-up. n alk and ights and ge in DS Stree 4.1. Whe from Lari Stan shal 40 f the Stree et trees in an a .1 Tree pla erever the m the curb imer Count ndards, row ll be plante foot interva curb and t et trees in a loc arterial parkway anting in p sidewalk is in accorda ty Urban Ar ws of canop ed in the pa als, centere the sidewal cal street parkw P y. parkways. s separated ance with th rea Street py shade tre arkway at 3 ed between lk. way. age | 7 d he ees 30 to n  Reasons and concepts for all project decisions including planting, irrigation, mulches, boulders, hardscape, and urban design elements.  Plant species needing pruning or trimming, specific weeding control practices, annual clean-up, dividing or periodic replacing to achieve the intent. 7486 N LEAD MAINTENANCE SPECIALIST 7490 N RESOURCE RECOVERY CHIEF 7492 N EQUIPMENT OPERATOR SPECIALIST Revised 112112 Page 13 8968 Y ELEC SYS DESIGN AND IT MGR TE12 3,423.12 4,099.54 4,775.96 8970 Y STANDARDS ENGINEERING MGR 7,416.75 8,882.33 10,347.92 89,001.00 106,588.00 124,175.00 Revised 112112 Page 10