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COUNCIL - COMPLETE AGENDA - 09/04/2012 - COMPLETE AGENDA
Karen 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 September 4, 2012 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring September 7 and 8 as the Historic Homes Tour Days. B. Proclamation Declaring September 15 as Cemetery Stroll Day with the theme of “Law and Disorder”. 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. 29) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 34) 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 25. 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: ! Ordinance 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 Page 4 6. Second Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue in the Cultural Services and Facilities Fund for the Native American Graves Protection and Repatriation Act Program. The Fort Collins Museum of Discovery was awarded a grant in the amount of $57,522 from the National Park Service, Native American Graves Protection and Repatriation Act (NAGPRA) Program. This Ordinance, unanimously adopted on First Reading on August 21, 2012, appropriates these grant funds to complete the grant objectives. 7. Second Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project. The City has received a federally funded grant through the North Front Range Metropolitan Planning Organization, category STP-Metro, for operational and safety improvements at the Vine Drive and Shields Street intersection. Ordinance No. 076, 2012, unanimously adopted on First Reading on August 21, 2012, appropriates federal grant funds and Regional Road Impact Fee funds into the Capital Project Fund for use on the Vine Drive and Shields Street Intersection Improvements Project. 8. Second Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and Transferring Previously Appropriated Project Savings from the Harmony Bridge Project into the Capital Project Fund for the Harmony Road and Union Pacific Safety and Maintenance Project. Phase One of the Harmony Road Maintenance Project is currently under construction. This Project will provide congestion relief and rehabilitate the pavement on East Harmony Road from College Avenue to Timberline Road by completing the following major work items: turn lane construction, utility relocations, asphalt overlay, restriping and median landscaping. Phase Two of the Project will consist of safety improvements and signal maintenance at the Harmony Road and Union Pacific Railroad crossing in order to accommodate a six-lane roadway, bike lanes and sidewalks. This Ordinance, unanimously adopted on First Reading on August 21, 2012, appropriates federal grant funds and project savings from the Harmony Bridge Project into the Capital Project Fund for this Project. 9. Postponement of Second Reading of Ordinance No. 078, 2012, Amending Article XII of Chapter 23 of the City Code relating to Art in Public Places to October 2, 2012. This Ordinance was unanimously adopted on First Reading on August 21, 2012. At that time, Council provided direction to staff and the Art in Public Places (APP) Board to reexamine the modification included in the Ordinance that caps the total annual contribution to APP from each Utility Fund (Water, Waste Water, Stormwater, and Light & Power) at $100,000. Prior to Second Reading Council has requested that staff provide a more nuanced approach to the cap, consider a possible escalator over time, explain the impacts to the rate payer and the relationship of this modification to the overall Utility budget. Due to the APP Board’s meeting schedule and additional time needed to provide the requested information, staff and the APP Board plan request postponement if Second Reading to October 2, 2012. 10. Second Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5 of the City Code Relating to Special Events Permits. This Ordinance, unanimously adopted on First Reading on August 21, 2012, amends Chapter 23.5 of the City Code. Chapter 23.5 authorizes Special Events and currently requires that all permittees, including governmental entities, indemnify the City. This Code requirement has proven very difficult from fellow governmental entities and recent discussion with peer cities has indicated a willingness to no longer require governmental entities to indemnify. Page 5 11. Second Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. Mason Corridor Bus Rapid Transit (MAX BRT) Project staff recently identified an additional/new Temporary Construction Easement interest which is necessary to construct the MAX BRT Project. As with prior acquisitions, 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. This Ordinance, unanimously adopted on First Reading, authorizes the use of eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 12. Second Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property as Strauss Cabin Road and East Harmony Road Right-of-Way. A land survey identified a strip of land that is improved as a road was not included in the road dedication grant from the property owner. As a result, this strip of land was never in the Larimer County Road Book and Larimer County had never identified this as a County Road. Most of this strip, which is 750 feet long, is in the western half of Strauss Cabin Road and a small portion is in East Harmony Road. City staff has now acquired all the property rights for this strip from LaFarge West, Inc., the current owner of the adjacent property. The City acquired the property, but it was not designated as right-of-way. This Ordinance, unanimously adopted on First Reading on August 21, 2012, dedicates this strip as right-of-way. 13. Items Relating to the Kechter No. 1 Annexation and Zoning. A. Second Reading of Ordinance No. 082, 2012, Annexing Property Known as the Kechter Annexation No. 1. B. Second Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 1. These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 0.31 acres located approximately 945 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). 14. Items Relating to the Kechter No. 2 Annexation and Zoning. A. Second Reading of Ordinance No. 084, 2012, Annexing Property Known as the Kechter Annexation No. 2. B. Second Reading of Ordinance No. 085, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 2. These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 0.505 acreslocated approximately 925 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). Page 6 15. Items Relating to the Kechter No. 3 Annexation and Zoning. A. Second Reading of Ordinance No. 086, 2012, Annexing Property Known as the Kechter Annexation No. 3. B. Second Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 3. These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 18.644 acres located approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). 16. First Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in the General Fund for the Restorative Justice Services and Appropriating Funds from the Police Operating Budget. A grant in the amount of $45,000 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic that repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A $7,440 cash match is required and will be met by appropriating funds from the 2012 Police operating budget designated for Restorative Justice Services. The total required match is 25%, so an additional $7,560 in-kind match is designated from the Eighth Judicial Probation Department. 17. First Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves in the Water Fund for Additional High Park Fire Remediation. On August 21, City Council approved an emergency ordinance appropriating reserves from the Water Fund to begin the soil stabilization efforts required to limit the impacts of the High Park Fire on the Cache la Poudre watershed. That appropriation allowed work to begin on the Hill Gulch, which had been identified as the most critical area comprising Phase 1 of the effort for the whole 5,657 acres which will require aerial mulching and seeding per the Burn Area Emergency Response (BAER) report. That work has begun and is anticipated to be completed in 2 weeks, rather than the initial estimate of 4 weeks, allowing the next critical area, Boyd Gulch, to be treated before October. This Ordinance seeks additional funds from the Water Fund reserves to tackle the soil stabilization efforts in the Boyd Gulch and other high-priority areas. This Ordinance appropriates $2,000,000 from the Water Fund reserves so that additional mitigation efforts can be completed in 2012. 18. First Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code to Afford Better Regulation of Multi-Family, High Density Housing Developments. At City Council’s direction, the Community Development and Neighborhood Services (CDNS) department analyzed what immediate measures Council could consider to help mitigate adverse impacts of current and future multi-family housing in areas adjacent to single family neighborhoods. Three measures were suggested for immediate adoption: 1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development standards for all multi-family projects, particularly outside the Transit-Oriented Development (TOD) Overlay Zone. Page 7 2. modify the Neighborhood Commercial zone district to ensure a significant commercial component. 3. require an operation, management and security study for larger multi-family developments. 19. First Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to Allow a Reduction for Calculated Evaporative Losses in Determining Wastewater Volume for Existing Large Industrial Processes. In 2010, Chapter 26 of the City Code was modified to establish an additional method of determining wastewater volume as the basis for Wastewater Service fees. That Code amendment allowed Utilities to recognize specific quantities of water consumed or processed in manufacturing processes for the City’s industrial and large commercial wastewater customers. Examples include cooling towers and other equipment or processes where a measurable reduction in wastewater discharge can be determined and metered. The reduction may apply to either a specified portion of the user’s facilities or the facility as a whole. This Ordinance will add an option to Section 26-279 of the City Code to allow for the use of nationally accepted industry standards of calculation to recognize specific quantities of water that are evaporated off as part of an industrial process and as a result are not discharged to the wastewater system. The models would provide a quantifiable amount of water which should not be included in the wastewater discharge volume which serves as the basis for Wastewater Service fees in lieu of metering for existing structures. This adjustment will be allowed only for large industrial customers, and metering will still be required for newly constructed facilities. 20. First Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel Apartments, 121 East Laurel, Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Brian Beeghly, is initiating this request for Fort Collins Landmark designation for the Schroeder Residence/Laurel Apartments at 121 East Laurel Street. The property is eligible for designation as a Landmark under Designation Standards 2 and 3, for its association with significant persons and also for its architectural significance to Fort Collins. 21. Items Relating to the Forney Annexation and Zoning. A. Resolution 2012-083 Setting Forth Findings of Fact and Determinations Regarding the Forney Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney Annexation. C. Hearing and First Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Forney Annexation. As the Owner and Applicant, Forney Industries has submitted a written petition requesting the annexation of 23.16 acres located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road. The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s I – Industrial Zoning District. The requested zoning for this annexation is the T - Transition. The Transition District is intended for properties for which there are no specific and immediate plans for development. The only permitted uses are those existing at the date the property was placed into this District and no new development is allowed in the Transition district. Forney Industries has indicated that it has no intent to further develop at this time. The surrounding properties are currently zoned Low Density Mixed-Use Neighborhood (LMN) in the City to the east and west; Neighborhood Conservation, Low Density (NCL) in the City to the south and zoned I – Industrial in Larimer County to the north. Page 8 22. First Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility Property to Coby S. Hughey and Linda C. Hughey. In 1992, the final plat of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins for the purpose of a detention basin. After the dedication, the developer certified to the City that he could meet the required stormwater detention volumes without excavating and grading the western most portion of Tract A (the portion adjacent to 1700 Westview Road.) Due to the City’s change of use for this portion of Tract A, the adjacent property owners, Coby and Linda Hughey, have expressed an interest to obtain the portion of Tract A that abuts their property at 1700 Westview Road. 23. Public Hearing and Resolution 2012-084 Approving the Foothills Metropolitan District Service Plan. The new owner of Foothills Mall, Alberta Development, in partnership with Walton Street Capital, proposes the formation of a Metropolitan District as allowed by Title 32 of the Colorado Revised Statutes. The intent of the proposed Foothills Mall Metropolitan District (the “District”) is to provide Public Improvements to the comprehensive redevelopment of Foothills Mall. The primary purpose of the District will be to finance, construct, acquire, own, operate and maintain those Public Improvements. This action establishes a preliminary framework Service Plan. This framework limits the authorization of the District and is specifically intended to allow ballot questions related to the formation and initial organization of the District to occur at the November election. 24. Resolution 2012-089 Recognizing the City Park Time Capsule and Directing a Future City Council to Open the Time Capsule on the Fourth of July 2112. A time capsule containing items of historical significance pertaining to City Park’s 100th Anniversary will be buried in front of the park entrance sign at Jackson Avenue and Mulberry Street on September 16, 2012. This Resolution formalizes its burial and requests that it be opened 100 years from now by a future City Council on the Fourth of July, 2112 with the media and community present. 25. Resolution 2012-086 Setting the Dates of the Public Hearings on the 2013 and 2014 Proposed City of Fort Collins Biennial Budget. The City will be adopting a biennial budget for the years 2013 and 2014. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 18, 2012. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 2, 2012, regular Council meeting. END CONSENT 26. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 27. Staff Reports. 28. Councilmember Reports. 29. Consideration of Council-Pulled Consent Items. Page 9 DISCUSSION ITEMS The method of debate for discussion items is as follows: ! Mayor introduces the item number and subject; asks if formal presentation will be made by staff ! Staff presentation (optional) ! Mayor requests citizen comment on the item (five-minute limit for each citizen) ! Council questions of staff on the item ! Council motion on the item ! Council discussion ! Final Council comments ! Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 30. Items Relating to the 2012 Downtown Development Authority-Related Financing Activities. (staff: Matt Robenalt, Mike Beckstead, Kathy Cardona; 5 minute staff presentation; 25 minute discussion) A. Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. B. First Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six Year Period in the Amount of up to One Million Dollars Annually to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. C. Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Regarding Funding of the Museum of Discovery Project. D. First Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins Revolving Line of Credit Established to Finance Downtown Development Authority Projects and Programs and Funds for Debt Service on the Revolving Line of Credit. The Board of Directors of the Downtown Development Authority (DDA) believes it would be financially beneficial for the DDA and the community as a whole for a revolving Line of Credit to be established with a local bank for a six (6) year period. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2012-081 will approve the Intergovernmental Agreement (IGA) regarding the establishment of the Line of Credit and governing the mechanics of its use. Adoption of Ordinance No. 089, 2012 will authorize the establishment of the Line of Credit and approve execution of the First National Bank documents. The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant to the City of Fort Collins for a portion of the actual costs of construction of the Museum of Discovery Page 10 Project. Adoption of Resolution 2012-082 will approve the IGA expressing the terms of the grant contribution. Ordinance No. 090, 2012 will appropriate unanticipated revenue from interest earnings in the amount of $191,032; from project savings in the amount of $331,113; funds appropriated but not spent of $940,430; funds from the 2010 Bond Series that were not appropriated in the amount of $500,000; and funds from the 2012 Revolving Line of Credit draw of up to $1,000,000 for a total appropriation of $2,962,575. The DDA Board has authorized the expenditure on the various projects and programs. This Ordinance also appropriates the debt service payment on the 2012 Line of Credit draw. 31. Resolution 2012-085 Making Findings of Fact and Related Determinations Regarding the Appeal of the June 25, 2012 Administrative Hearing Officer Approval of the Legacy Senior Residences Project Development Plan. (staff: Lindsay Ex; no staff presentation; minute discussion) On June 25, 2012, the City of Fort Collins Hearing Officer issued a written decision approving the Legacy Senior Residences Project Development Plan with three Modifications of Standard. On July 9, Save the Poudre filed a Notice of Appeal, alleging the Hearing Officer failed to properly interpret and apply the Land Use Code and considered evidence relevant to its findings that was substantially false and grossly misleading. On August 21, 2012, City Council voted 4-2 (Nays: Ohlson, Poppaw) that the Hearing Officer conducted a fair hearing and upheld the Hearing Officer’s decision approving the Project Development Plan and the three Modifications of Standard. In order to finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing its decision on the Appeal. 32. Resolution 2012-087 Submitting a Council-initiated, Non-Binding Question Relating to the Possible Construction of a Stadium on Colorado State University’s Main Campus to a Vote of the Registered Electors of the City at a Special Municipal Election to Be Held on November 6, 2012, in Conjunction with the Larimer County General Election. (staff: Wanda Nelson; no staff presentation; 2 hour discussion) At its August 14, 2012 work session, three members of Council (Manvel, Poppaw, and Ohlson) requested Council consideration of a Resolution putting a non-binding advisory question on the ballot for the purpose of giving Fort Collins citizens an additional avenue for providing input on the desirability of an on-campus stadium. Pursuant to the City Charter, the Council may submit any question to the vote of the people at a regular or special election in the same manner and with the same force and effect as is provided for citizen-initiated measures. A special election has previously been called by the Council for November 6, 2012 for the purpose of considering a citizen-initiated ordinance dealing with medical marijuana businesses. The deadline to certify ballot language to the County for this election is Friday, September 7. 33. Resolution 2012-088 Approving an Agreement Between the City and Forney Industries to Provide Business Investment Assistance. (staff: Josh Birks, SeonAh Kendall; 5 minute staff presentation; 20 minute discussion) This Resolution considers a Business Investment Agreement between the City of Fort Collins and Forney Industries, Inc. (Forney). Forney is considering expanding operations at its facility located at 1830 LaPorte Avenue, which is currently located in Larimer County. Forney has an 80-year relationship with the City and currently employs 120 people at the LaPorte site and 203 in the Northern Colorado area. In 2011, Forney grew by 13.5% and made a $4.2 million investment in infrastructure that resulted in eight new jobs. An additional investment of $750,000 is anticipated for 2012 and 2013, which includes an expansion of its operations on 1830 LaPorte Avenue. This expansion would add six professional jobs and approximately twelve hourly employees. Page 11 Accommodating the expansion requires Forney to tap into the City’s sewer system and, consequently, annex into the City. Annexation exposes Forney to additional business costs in terms of sales and use tax, and the City has been asked to develop a business assistance package to mitigate some of the initial increases and offset costs associated with connecting to the sewer system. The business assistance package presented includes three components: (1) a three-year sales tax rebate of the non-dedicated portion of sales tax (2.25%), which amounts to approximately $15,000 per year, for a total incentive of $45,000; (2) a personal property tax rebate equal to half the personal property taxes upon annexation representing a value of $399 per year, or $3,990 over a 10-year period; and (3) a real property tax rebate on the real property taxes due upon annexation the rebate representing a value of $2,672 per year, or $26,720 over a 10-year period. The City of Fort Collins’ Business Investment Agreement requires Forney Industries, Inc. to annex into the city limits before providing assistance. The investments proposed relate to revenues the City would not otherwise collect if the annexation does not occur within the City. City Council is being asked to consider the proposed assistance package valued at approximately $75,710. 34. Consideration of Citizen-Pulled Consent Items. 35. Other Business. 36. 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. Karen Weitkunat, President City Council Chambers Kelly Ohlson, District 5, Vice-President City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Aislinn Kottwitz, District 3 Wade Troxell, District 4 Gerry Horak, District 6 Cablecast on City Cable Channel 14 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Nelson, City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. GENERAL IMPROVEMENT DISTRICT NO. 1 MEETING September 4, 2012 (after the Regular Council Meeting) 1. Call Meeting to Order. 2. Roll Call. 3. First Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General Improvement District Fund for the Downtown Wayfinding Sign System. (staff: Clark Mapes; 5 minute staff presentation; 5 minute discussion) This Ordinance appropriates $500,000 from the General Improvement District No. 1 (GID) Fund for final design, fabrication and installation of a Downtown Wayfinding Sign System. Schematic design of a sign system was completed in 2009, and this appropriation provides funding to implement the system. The funds will be used to hire a sign company to develop final design and construction details, and then fabricate and install signs in collaboration and coordination with the City’s Traffic Operations sign shop. 4. Other Business. 5. Adjournment. GENERAL IMPROVEMENT DISTRICT NO. 1 AGENDA PROCLAMATION WHEREAS, the Poudre Landmarks Foundation, Inc., was established in 1972 to administer the Avery House upon its acquisition by the City of Fort Collins in 1974; and WHEREAS, the mission of the Poudre Landmarks Foundation is to preserve, restore, protect, and interpret the architectural and cultural heritage of the Fort Collins area; and WHEREAS, the annual Historic Homes Tour was established in 1985 as the major fund- raising event for the Poudre Landmarks Foundation, with all proceeds benefitting its preservation work; and WHEREAS, the Historic Homes Tour is a community service event by volunteers of the Poudre Landmarks Foundation to raise awareness about historic preservation work; and WHEREAS, the 28th annual Historic Homes Tour is September 7 and September 8, 2012. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim Friday, September 7, and Saturday, September 8, 2012, as the HISTORIC HOMES TOUR DAYS in Fort Collins and call upon the community to join their fellow citizens in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of September, A.D. 2012. __________________________________ Mayor ATTEST: _________________________________ City Clerk PROCLAMATION WHEREAS, the City of Fort Collins has a long history as a community that values law and order and has created a safe place to live, work, learn, and play; and WHEREAS, throughout our history, the citizens of Fort Collins have been protected by the many men and women who have made selfless sacrifice as law-enforcement officers and who have dedicated themselves to keeping the citizens of Fort Collins safe; and WHEREAS, there is great value for the citizens of Fort Collins to learn about the lives and circumstances of those involved with the criminal justice system, including those who have enforced the law and those who have broken it; and WHEREAS, each year, the Cemetery Stroll, the city’s longest running living history event, sponsored by the City of Fort Collins Senior Center, honors a selection of those individuals who made history in Fort Collins and are now resting at Grandview Cemetery; and WHEREAS, this year’s theme for the Cemetery Stroll is “Law and Disorder”. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim September 15, 2012 as LAW AND DISORDER DAY in Fort Collins and encourage the citizens of this community to honor those who went before us by attending our City’s oldest and largest living history event, the Cemetery Stroll, at Grandview Cemetery. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 4th day of September, A.D. 2012. __________________________________ Mayor ATTEST: _________________________________ City Clerk DATE: September 4, 2012 STAFF: Cheryl Donaldson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Second Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue in the Cultural Services and Facilities Fund for the Native American Graves Protection and Repatriation Act Program. EXECUTIVE SUMMARY The Fort Collins Museum of Discovery was awarded a grant in the amount of $57,522 from the National Park Service, Native American Graves Protection and Repatriation Act (NAGPRA) Program. This Ordinance, unanimously adopted on First Reading on August 21, 2012, appropriates these grant funds to complete the grant objectives. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Cheryl Donaldson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT First Reading of Ordinance No. 074, 2012, Appropriating Unanticipated Grant Revenue in the Cultural Services and Facilities Fund for the Native American Graves Protection and Repatriation Act Program. EXECUTIVE SUMMARY The Fort Collins Museum of Discovery was awarded a grant in the amount of $57,522 from the National Park Service, Native American Graves Protection and Repatriation Act (NAGPRA) Program. This Ordinance will appropriate these grant funds to complete the grant objectives. BACKGROUND / DISCUSSION In 2002, the Fort Collins Museum received its first NAGPRA grant for consultations to determine cultural patrimony of funerary objects, objects of cultural significance, and human remains held in the Museum’s collection in order to come into compliance with the National Park Service’s Native American Graves Protection and Repatriation Act of 1990. Since that time, the Museum has completed several NAGPRA related projects, repatriating culturally significant objects and thirteen of the fourteen individuals in the collection. This grant will enable the museum to consult with regional Native American tribes to determine the cultural affiliation of the last individual and begin the process of repatriation. FINANCIAL / ECONOMIC IMPACTS The $57,522 will be disbursed on a reimbursement basis over a two-year period. The Museum is requesting that Council appropriate $57,522 into the Museum’s NAGPRA grant project for use during the grant cycle of September 2012 through August 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 074, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CULTURAL SERVICES AND FACILITIES FUND FOR THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT PROGRAM WHEREAS, in 1990, Congress established the Native American Graves Protection and Repatriation Act (NAGPRA), providing a process to determine the rights of lineal descendants of Indian tribes, Alaskan Natives, and Native Hawaiian organizations to certain human remains, funerary objects, sacred objects, or objects of cultural patrimony that are currently held in public museums; and WHEREAS, the Fort Collins Museum received its first NAGPRA grant for consultations in 2002, has completed several NAGPRA related projects, has been working towards compliance with NAGPRA, and has repatriated culturally significant objects for thirteen of the fourteen individuals held in the Museum’s collection; and WHEREAS, the Museum has recently been awarded a NAGPRA grant, in the amount of $57,522 from the National Park Service, Native American Graves Protection and Repatriation Act Program; and WHEREAS, this grant will enable the museum to consult with regional Native American tribes to determine the cultural affiliation of the last individual and begin the process of repatriation; and WHEREAS, no local matching funds are required; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Cultural Services and Facilities Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the Cultural Services and Facilities Fund - Museum NAGPRA grant project, the sum of FIFTY-SEVEN THOUSAND FIVE HUNDRED TWENTY-TWO DOLLARS ($57,522), to be used to implement the Native American Graves Protection and Repatriation Act. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Rick Richter, Dean Klingner Tim Kemp AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project. EXECUTIVE SUMMARY The City has received a federally funded grant through the North Front Range Metropolitan Planning Organization, category STP-Metro, for operational and safety improvements at the Vine Drive and Shields Street intersection. Ordinance No. 076, 2012, unanimously adopted on First Reading on August 21, 2012, appropriates federal grant funds and Regional Road Impact Fee funds into the Capital Project Fund for use on the Vine Drive and Shields Street Intersection Improvements Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Rick Richter, Dean Klingner Tim Kemp AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Items Relating to the Vine Drive and Shields Street Intersection Improvements Project. A. Resolution 2012-065 Authorizing the Mayor to Sign an Intergovernmental Agreement with the Colorado Department of Transportation to Receive Funding for the Vine Drive and Shields Street Intersection Improvements Project. B. Resolution 2012-066 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County to Receive Funding for the Vine Drive and Shields Street Intersection Improvements Project. C. Resolution 2012-067 Determining that a Single-Lane, Modern Roundabout is the Preferred Alternative for the Vine Drive and Shields Street Intersection Improvements. D. First Reading of Ordinance No. 076, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project. EXECUTIVE SUMMARY The City has received a federally funded grant through the North Front Range Metropolitan Planning Organization, category STP-Metro, for operational and safety improvements at the Vine Drive and Shields Street intersection. In accordance with Council adopted Resolution 2001-120, an Alternatives Analysis was completed as part of the Arterial Intersection Priority Study. The conclusions of the Alternatives Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection. Resolution 2012-065 will authorize the Mayor to sign an Intergovernmental Agreement with the Colorado Department of Transportation (CDOT) to receive federal grant funds. Resolution 2012-066 will authorize the Mayor to sign an Intergovernmental Agreement with Larimer County to receive Regional Road Fee funds. Resolution 2012-067 will authorize the construction of a single-lane, modern roundabout at this intersection. Ordinance No. 076, 2012, will appropriate federal grant funds and Regional Road Impact Fee funds into the Capital Project Fund for use on the Vine Drive and Shields Street Intersection Improvements Project. BACKGROUND / DISCUSSION In 2011, the Engineering Department completed an Arterial Intersection Priority Study which ranked the Vine Drive and Shields Street intersection in the top ten for needed safety and operational improvements. Multiple existing problems brought this intersection to the top of the list, including poor horizontal geometry, deficient and/or non-existent bicycle and pedestrian facilities, higher than average vehicle accident rates and significant congestion. The improvements will include multi-modal facility improvements to create a safer and more efficient intersection for all users. Project Goals: • Improve safety for vehicles, bicycles and pedestrians • Correct the sub-standard horizontal geometry of the intersection • Improve air quality through reduced vehicle wait time. Under direction of the City, Muller Engineering completed an evaluation of a signalized intersection with turn lanes compared to a single-lane modern roundabout. This Alternatives Analysis report compares the two intersection improvement options in terms of safety, right-of-way requirements, cost, constructability, multi-modal enhancements and operations (Attachment 3). COPY COPY COPY COPY August 21, 2012 -2- ITEM 16 The signalized intersection would add an eastbound right turn lane, a northbound left turn lane and southbound left and right turn lanes. Long, sweeping horizontal curves would be added on both approaches for Vine Drive to align the travel lanes through the intersection. The single-lane roundabout would be built around an oval central island, rotated to the northwest and southeast directions to correct the Vine Drive alignment deficiency. The entrances and exits to and from the roundabout would be single lanes in all directions. Conceptual Level exhibits for both improvement options are shown in Attachment 3. The roundabout outperformed the signalized intersection in the categories of: safety, right-of-way impacts to local businesses, cost and operations. The categories of constructability and multi-modal enhancements were neutral, meaning both intersection types are buildable and both options would improve the multi-modal aspects as compared to the existing intersection. The overall footprint (spatial impact) of the roundabout is approximately 20% less than the overall signalized intersection footprint. The City’s engineering staff is recommending a single-lane roundabout as the preferred option. FINANCIAL / ECONOMIC IMPACTS These Ordinances will authorize the appropriation of Federal Grant and Regional Road Fee funds into the City of Fort Collins Capital Project Fund for design, right-of-way acquisition and construction of the Vine Drive and Shields Street Intersection Improvements Project. The following table lists the funding sources, amounts and percentages of the total project cost. The Regional Road Impact Fee was adopted by City Council in February 2000 (Resolution 2000-024). The methodology for the fee is based upon a “demand driven” model which charges new traffic generating developments the cost of replacing the capacity that it consumes on the regional road system. The Resolution states that the City and the County will collect fees on building permits within their own jurisdiction for the purpose of improving five specific regional roads within the City’s Growth Management Area (GMA); one of which is Shields Street (Larimer County Road 17). The Regional Road Impact Fee funds will be spent prior to using any of the Building on Basics Intersection funds. Funding Summary (2012 – 2015) Funding Source Funding Amount % of Total Project Cost STP-Metro Federal Grant (CDOT) $1,054,000 ± 62% Regional Road Impact Fee (Larimer County) $325,000 ± 19% Building on Basics Intersection Fund (City) $322,101 ± 19% Total Anticipated Funding $1,701,101 100% The Regional Road Fee will be used as the local agency match in the amount of $219,101 and as overmatch in the amount of $105,899. The Building on Basics quarter-cent tax will be used as overmatch in the amount of $322,101. The Vine Drive and Shields Street Intersection Improvements Project was awarded a total of $1,054,000 from the North Front Range Metropolitan Planning Organization. The disbursement of the construction funds will not be available until the CDOT 2015 Fiscal Year. The following table lists the funding amount by CDOT Fiscal Year (FY). FY 2012 FY 2013 FY 2014 FY 2015 TOTAL Federal Funds $304,000 $132,000 - $618,000 $1,054,000 Short and long term economic benefits of the roundabout will be realized by the following: 1. Easing of traffic congestion resulting in reduced fuel consumption 2. Multi-modal safety improvements resulting in fewer and less severe accidents 3. A concrete intersection without traffic signals resulting in lower long term asset maintenance allocations 4. A smaller project footprint resulting in a lower construction cost. COPY COPY COPY COPY August 21, 2012 -3- ITEM 16 ENVIRONMENTAL IMPACTS The project will have a positive impact on short and long term air quality. The peak hour analysis of the roundabout intersection, as compared to the existing conditions, shows the following percent reductions for the short term benefits: • Vehicle Delay 75% • Total Stops 70% • Fuel Consumption 37% • Vehicle Emissions 39% Additionally, the roundabout will outperform a signalized intersection in the off-peak hours when traffic volumes are lower and the user will not have to wait for a traffic signal to cycle through it’s programmed green times. Other environmental benefits stemming from the project: • An improved storm sewer system with water quality features • Landscape enhancements and urban design elements • Accessible crosswalks and the addition of bicycle and pedestrian facilities. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions and the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its February 15, 2012 meeting, the Transportation Board voted unanimously to recommend the modern roundabout design option for the Shields and Vine Intersection. The Transportation Board also encouraged staff to coordinate with Lincoln and Putnam employees, students and parents. PUBLIC OUTREACH City staff teamed with Larimer County for two open house events. The first event was in the fall 2011 to announce the kick-off for both agencies projects. The City explained the need for improvements at the intersection and discussed the Alternatives Analysis process. The open house participants agreed with the “need” statement and were generally neutral to the type of intersection improvement. The second open house was held in May 2012 to present the findings of the City’s intersection alternatives analysis. Invitations were sent to all residents and business owners within a 1/4 mile radius of the intersection. Additionally, Lincoln Middle School and Putnam Elementary staff and parents were included on the invitee list. Major questions / comments from the public and City staff responses: 1. Will you add crosswalks and ramps? Response – Yes, ADA compliant ramps and crosswalks will be installed regardless of the type of intersection improvement 2. How big will the roundabout be? Response – The Vine and Shields roundabout option will be similar in scale to the Taft and Vine intersection (single-lane, 130-foot inscribed diameter) COPY COPY COPY COPY August 21, 2012 -4- ITEM 16 3. Will the City and County projects be built at the same time? Response – No, the County’s North Shields project will be built in 2014 and the City’s intersection improvements will be built in 2015. This is based upon construction fund timelines as laid out by the North Front Range MPO. 4. What will the business accesses look like on the two northern corners? Response – The City has had conversations with both property owners and can accommodate two points of access for each business 5. Will the intersection be closed during construction and how long will it take? Response – No, we feel it can be built under traffic by using a combination of lane shifts and temporary signals. We are anticipating 100 – 120 days for construction. Over the past few months, staff met with property owners in the vicinity of the intersection. The two business owners on the northwest and northeast corners are in favor of the roundabout option. Public outreach will be intensified after the selection of a design consultant. A detailed communication plan will be created and implemented prior to construction. The conceptual level project website is located at: http://www.fcgov.com/engineering/vsi.php. ATTACHMENTS 1. Project Location Map 2. Resolution 2001-120 3. Alternatives Analysis Summary Report 4. Transportation Board Letter ORDINANCE NO. 076, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND FOR THE VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS PROJECT WHEREAS, in 2011, the City Engineer completed an arterial intersection priority study which ranked Vine Drive and Shields Street as an intersection in need of safety and operational improvements; and WHEREAS, the intersection demonstrated poor horizontal geometry, deficient or nonexistent bicycle and pedestrian facilities and higher than average vehicle accident rates as well as significant congestion; and WHEREAS, an "alternatives analysis" report was prepared by Muller Engineering which suggests that a single-lane roundabout intersection at that location will outperform a signalized intersection with respect to safety, right-of-way impacts to local businesses, costs and operations; and WHEREAS, the single-lane roundabout intersection would also have a positive impact on short and long term air quality, would improve storm drainage facilities, would enhance landscape elements and would provide accessible crosswalks for bicycle and pedestrian users; and WHEREAS, pursuant to Resolution 2012-067 City Council has determined that a single- lane, modern roundabout is the preferred alternative for the Vine Drive and Shields Street intersection improvement; and WHEREAS, the City has been awarded a federally funded Colorado Department of Transportation (CDOT) grant through the North Front Range Metropolitan Planning Organization in the amount of $1,054,000 for improvements at the Vine Drive and Shields Street intersection; and WHEREAS, the City will also receive $325,000 from the Regional Road Impact Fee administered by Larimer County to be used as matching funds for the grant; and WHEREAS, existing appropriations in the amount of $322,101 from the Building on Basics Intersection Improvements Project will be used as an overmatch for this grant; and WHEREAS, the total of the aforementioned funds in the amount of $1,701,101 will be used for the design, right-of-way acquisition, and construction of the Vine Drive and Shields Street Intersection Improvements Project (the "Project"); and WHEREAS, this Ordinance appropriates the CDOT grant and the Regional Road Impact Fee to be used for the Project; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the 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 during fiscal year 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund the sum of ONE MILLION THREE HUNDRED SEVENTY-NINE THOUSAND DOLLARS ($1,379,000) for expenditure in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Rick Richter Tim Kemp AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and Transferring Previously Appropriated Project Savings from the Harmony Bridge Project into the Capital Project Fund for the Harmony Road and Union Pacific Safety and Maintenance Project. EXECUTIVE SUMMARY Phase One of the Harmony Road Maintenance Project is currently under construction. This Project will provide congestion relief and rehabilitate the pavement on East Harmony Road from College Avenue to Timberline Road by completing the following major work items: turn lane construction, utility relocations, asphalt overlay, restriping and median landscaping. Phase Two of the Project will consist of safety improvements and signal maintenance at the Harmony Road and Union Pacific Railroad crossing in order to accommodate a six-lane roadway, bike lanes and sidewalks. This Ordinance, unanimously adopted on First Reading on August 21, 2012, appropriates federal grant funds and project savings from the Harmony Bridge Project into the Capital Project Fund for this Project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Rick Richter Tim Kemp AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT Items Relating to the Harmony Road and Union Pacific Safety and Maintenance Project. A. Resolution 2012-068 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation to Receive Funding for the Harmony Road and Union Pacific Maintenance Project. B. First Reading of Ordinance No. 077, 2012, Appropriating Federal Grant Funds and Transferring Previously Appropriated Project Savings from the Harmony Bridge Project into the Capital Project Fund for the Harmony Road and Union Pacific Safety and Maintenance Project. EXECUTIVE SUMMARY Phase One of the Harmony Road Maintenance Project is currently under construction. This project will provide congestion relief and rehabilitate the pavement on East Harmony Road from College Avenue to Timberline Road by completing the following major work items: turn lane construction, utility relocations, asphalt overlay, restriping and median landscaping. Phase Two of the project will consist of safety improvements and signal maintenance at the Harmony Road and Union Pacific Railroad crossing in order to accommodate a six-lane roadway, bike lanes and sidewalks. BACKGROUND / DISCUSSION Improving the Union Pacific Railroad crossing is an integral piece for meeting the intent of the Master Street Plan as it relates to the Harmony Road corridor. Currently, this crossing is the “bottleneck” where Harmony Road transitions from six to four travel lanes between McMurry Avenue and Timberline Road. The existing railroad equipment does not meet the current code requirements for a six-lane roadway crossing. By eliminating this restriction, the City will be able to accommodate six travel lanes with on-street bike lanes and detached sidewalks across the Union Pacific Railroad tracks. After Union Pacific installs their new facilities, the City will have some minor asphalt patching and striping work to do adjacent to the crossing. Harmony Road will then be a six-lane roadway from Boardwalk Drive to I-25. Goals for the Harmony Road and Union Pacific Safety and Maintenance Project: • Replace sub-standard signals, gates, wiring, batteries and rails • Meet current safety requirements for a six-lane roadway crossing, including outside edge signalized cantilevers • Provide on-street bike lanes and a new sidewalk connection along the north side of Harmony Road • Construct a raised, landscaped median on the west side of the tracks to eliminate u-turning vehicles and provide protection for the railroad’s equipment • Relieve traffic congestion, eliminate the high speed merging condition and improve signal timing for the corridor. FINANCIAL / ECONOMIC IMPACTS The following is a summary of the project funding sources associated with the Harmony Road and Union Pacific Safety and Maintenance Project: COPY COPY COPY COPY August 21, 2012 -2- ITEM 17 Funding Summary Funding Source Funding Amount % of Total Project Cost Harmony Maintenance Funds (Transfer of Previous Appropriation) $225,000 40% CDOT Section 130 Federal Grant $350,000 60% Total Anticipated Funding $575,000 100% The Harmony Bridge Project contains project savings which were previously appropriated from the Harmony Maintenance Fund. This Council action will transfer a portion of those Harmony Maintenance Fund savings into a newly created Capital Project Fund for use on the Harmony Road and Union Pacific Safety and Maintenance Project. The safety and maintenance improvements consist of the subsequent major work items: • Remove and replace all signals and four crossing arms (gates) • Install two cantilevers • Remove and replace all wiring, battery backups and aluminum railroad bungalow • Final asphalt patching and striping in the Union Pacific right-of-way Short and long term benefits include the easing of traffic congestion, improved signal timing and reduced vehicle delays along the Harmony Road corridor. By implementing these improvements to one of the City’s key arterial thoroughfares, the traveling public will move more efficiently among the businesses throughout the corridor due to the six-lane roadway section. Additionally, the City will complete the missing sidewalk connection along westbound Harmony Road. Long term maintenance for the crossing will be similar to what is in place today. Union Pacific will maintain the railroad equipment at its cost. The City will be responsible for street sweeping, snow plowing, sign maintenance and striping. ENVIRONMENTAL IMPACTS The project will have a positive impact on long term air quality. The existing “bottleneck” will be removed by going to a six-lane configuration in the vicinity of the Union Pacific crossing. Congestion relief and improved signal timing will reduce vehicle wait time, thus reducing vehicle emissions. The new signal equipment will have a longer life span and require fewer repairs than the existing equipment, thereby reducing the number of maintenance trips from Denver for the Union Pacific crews. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. PUBLIC OUTREACH The Project Team conducted an open house, notified business owners door-to-door throughout the corridor, mailed flyers to local residents, presented the project to the South Fort Collins Business Association and is providing weekly construction updates via Facebook, Twitter, an e-newsletter and press releases. The Project has a website: http://www.fcgov.com/engineering/hmp.php Public outreach will continue throughout the construction process. ATTACHMENTS 1. Project location map ORDINANCE NO. 077, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND - HARMONY BRIDGE PROJECT TO THE HARMONY ROAD AND UNION PACIFIC SAFETY AND MAINTENANCE PROJECT WHEREAS, improving the Union Pacific Railroad crossing is an integral piece of the Harmony Road corridor; and WHEREAS, the current crossing is a “bottleneck” where Harmony Road transitions from six to four travel lanes between McMurry Avenue and Timberline Road because the existing railroad equipment does not meet the current requirements for a six lane roadway crossing; and WHEREAS, the proposed Union Pacific railroad crossing safety and maintenance improvements will upgrade the crossing to meet the current safety requirements for a six-lane roadway crossing; and WHEREAS, these improvements should ease traffic congestion, improve signal timing and reduce vehicle delays along the Harmony Road corridor; and WHEREAS, the Colorado Department of Transportation (CDOT) has awarded the City a federal grant of $350,000 for the Harmony Road and Union Pacific Safety and Maintenance Project (the "UP Safety Project"); and WHEREAS, in 2006, the City received funding from CDOT to maintain Harmony Road for 20 years and to complete a list of capital improvements along the Harmony corridor; and WHEREAS, the City will provide $225,000 in local matching funds by transferring unspent Harmony Road maintenance funds from the Harmony Bridge Project to the UP Safety Project; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the 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; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Capital Projects Fund the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) for the Harmony Road and Union Pacific Safety and Maintenance Project. Section 2. That the unexpended appropriated amount of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000) is hereby authorized for transfer from the Capital Projects Fund - Harmony Bridge Project to the Capital Project Fund - Harmony Road and Union Pacific Safety and Maintenance Project. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Ellen Martin AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Postponement of Second Reading of Ordinance No. 078, 2012, Amending Article XII of Chapter 23 of the City Code relating to Art in Public Places to October 2, 2012. EXECUTIVE SUMMARY This Ordinance was unanimously adopted on First Reading on August 21, 2012. At that time, Council provided direction to staff and the Art in Public Places (APP) Board to reexamine the modification included in the Ordinance that caps the total annual contribution to APP from each Utility Fund (Water, Waste Water, Stormwater, and Light & Power) at $100,000. Prior to Second Reading, Council has requested that staff provide a more nuanced approach to the cap, consider a possible escalator over time, explain the impacts to the rate payer, and the relationship of this modification to the overall Utility budget. Due to the APP Board’s meeting schedule and the additional time needed to provide the requested information, staff and the APP Board request postponement of Second Reading to October 2, 2012. STAFF RECOMMENDATION Staff recommends postponement of the Ordinance on Second Reading to October 2, 2012. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) DATE: September 4, 2012 STAFF: Hal Dean Kraig Ecton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5 of the City Code Relating to Special Events Permits. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 21, 2012, amends Chapter 23.5 of the City Code. Chapter 23.5 authorizes Special Events and currently requires that all permittees, including governmental entities, indemnify the City. This Code requirement has proven very difficult from fellow governmental entities and recent discussion with peer cities has indicated a willingness to no longer require governmental entities to indemnify. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Hal Dean Kraig Ecton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 079, 2012, Amending Certain Provisions of Chapter 23.5 of the City Code Relating to Special Events Permits. EXECUTIVE SUMMARY Chapter 23.5 of the City Code authorizes Special Events and currently requires that all permittees, including governmental entities, indemnify the City. This Code requirement has proven very difficult from fellow governmental entities and recent discussion with peer cities has indicated a willingness to no longer require governmental entities to indemnify. BACKGROUND / DISCUSSION During the last several years there has been a “tug of war” with other governmental entities when negotiating any agreements that include indemnification language. Most often, the City, just like other governmental entities, will resist agreeing to such provisions as the requirement to indemnify is difficult to reconcile with constitutional and statutory law in Colorado. Recent discussion between peer cities and the State has resulted in a consensus that indemnification language should no longer be required. Chapter 23.5 of the City Code contains a provision that specifically requires that applicants for special events permits, including governmental entity applicants, must indemnify the City. Given the recent discussions with other peer cities and the State, this Ordinance would amend the City Code to remove that requirement for governmental entities. In lieu of indemnification, Section 23.5-11 is also being amended to require all public entity permit holders to provide liability insurance naming the City as an additional insured to ensure that even without indemnification, the City will have protection against claims asserted by any third parties who may sustain damages or injuries as a result of the special event for which the permit is issued. FINANCIAL / ECONOMIC IMPACTS There is no financial impact from this Code change. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 079, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF CHAPTER 23.5 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SPECIAL EVENTS PERMITS WHEREAS, Chapter 23.5, of the City Code authorizes the issuance of permits for special events and demonstrations in the City; and WHEREAS, the City Council wishes to amend the provisions of this Chapter related to indemnification requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23.5-2 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition "Public entity" which reads in its entirety as follows: Sec. 23.5-2. Definitions. . . . Public entity shall mean the state of Colorado; any institution, agency, instrumentality, authority, county, municipality, city and county, district, or other political subdivision of the state, including any school district and institution of higher education. . . . Section 2. That Section 23.5-10 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23.5-10. Indemnification agreement. Prior to the issuance of an event permit, unless the applicant is the City, the Coordinator shall require the applicant and authorized officer of the applicant's organization (if any) to sign an agreement for the permittee to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. All applicants except those that are public entities, shall also agree to defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee, its officers, employees or agents, or any person who was under the permittee's control. Persons who merely join in an event are not considered by that reason alone to be "under the control" of the permittee. Section 3. That Section 23.11 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (e) which shall read in its entirety as follows: Sec. 23.5-11 Insurance. (a) Prior to the issuance of an event permit, the Coordinator may require the applicant and authorized officer of the applicant's organization (if any) to possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. The Coordinator shall determine whether to require such insurance, and the amount of insurance that shall be required, based upon the considerations routinely taken into account by the City in evaluating loss exposures, including, without limitation, whether the event poses a substantial risk of damage or injury due to the anticipated number of participants, the nature of the event and activities involved and the physical characteristics of the proposed site or route. Such insurance shall name on the policy or by endorsement as additional insureds the City, its officers, employees and agents. (b) If insurance coverage is required pursuant to Subsection (a) above, a copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Coordinator no less than five (5) days before the date of the event unless the Coordinator for good cause changes the filing deadline, in which event such documents shall be provided on the date and time specified by the Coordinator. (c) The insurance requirements of Subsections (a) and (b) above shall be waived by the Coordinator for demonstrations if the applicant or an officer of the applicant's organization signs a verified statement that he or she believes the event is a demonstration under the definition in this Chapter, and that he or she has determined that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression, or that it has been impossible to obtain insurance coverage. The statement shall include the name and address of one (1) insurance agent or other source for insurance coverage contacted to determine insurance premium rates for insurance coverage. (d) If the Coordinator waives the insurance requirements set forth in Subsections (a) and (b), the City may, in its discretion, require the applicant to apply for insurance coverage for the event under a policy selected by the City. The applicant must provide any information pertinent to qualifying for the insurance coverage. The premium for such insurance coverage would be paid by the City rather than the applicant. (e) Notwithstanding any provision of this section to the contrary, the Coordinator shall require all public entity permit holders to provide public liability insurance as -2- required by Subsection (a) above in lieu of indemnifying the City under the provisions of Section 23.5. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- DATE: September 4, 2012 STAFF: Patrick Rowe, Terry Tyrell Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Second Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands 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 recently identified an additional/new Temporary Construction Easement interest which is necessary to construct the MAX BRT Project. As with prior acquisitions, 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. This Ordinance, unanimously adopted on First Reading, authorizes the use of eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Patrick Rowe, Terry Tyrell Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 080, 2012, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands 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 recently identified an additional/new Temporary Construction Easement interest which is necessary to construct the MAX BRT Project. As with prior acquisitions, 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. 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 the corridor. The project is predominately located within the outside twenty-five feet of the east half of the Burlington Northern Santa Fe Railway (the “BSNF”) property; however, overall project right-of-way 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 forty-seven (47) distinct property owners. Each acquisition is unique but the typical acquisition needed 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 AIS and 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. 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 is COPY COPY COPY COPY August 21, 2012 -2- ITEM 20 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 owner has been contacted via certified mail and personally contacted by the City’s Real Estate Services Department. ATTACHMENTS 1. Location map ORDINANCE NO. 080, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS 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 an additional property interest that is necessary to acquire (the “Property”), hereinafter described on Exhibit “A”, attached hereto and incorporated herein by this reference (the “Exhibit”), for the purpose of constructing the Project; 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 is desirable and necessary for the construction of the Project, is in the City’s best interest and enhances public health, safety, and welfare; 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 the Exhibit for the purpose of the Mason Corridor Bus Rapid Transit Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property right for the City by eminent domain. Section 3. The City Council hereby finds, in the event that acquisition by eminent domain is commenced, that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Second Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property as Strauss Cabin Road and East Harmony Road Right-of-Way. EXECUTIVE SUMMARY A land survey identified a strip of land that is improved as a road was not included in the road dedication grant from the property owner. As a result, this strip of land was never in the Larimer County Road Book and Larimer County had never identified this as a County Road. Most of this strip, which is 750 feet long, is in the western half of Strauss Cabin Road and a small portion is in East Harmony Road. City staff has now acquired all the property rights for this strip from LaFarge West, Inc., the current owner of the adjacent property. The City acquired the property, but it was not designated as right-of-way. This Ordinance, unanimously adopted on First Reading on August 21, 2012, dedicates this strip as right-of-way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT Items Relating to Strauss Cabin Road and East Harmony Road. A. First Reading of Ordinance No. 081, 2012, Declaring Certain City-Acquired Property as Strauss Cabin Road and East Harmony Road Right-of-Way. B. Resolution 2012-069 Authorizing a Revocable Permit for Redline Pipeline LLC to Excavate a Portion of Strauss Cabin Road to Install an Irrigation Pipeline. EXECUTIVE SUMMARY A land survey identified a strip of land that is improved as a road was not included in the road dedication grant from the property owner. As a result, this strip of land was never in the Larimer County Road Book and Larimer County had never identified this as a County Road. Most of this strip, which is 750 feet long, is in the western half of Strauss Cabin Road and a small portion is in East Harmony Road. City staff has now acquired all the property rights for this strip from the current owner of the adjacent property, LaFarge West, Inc. The City acquired the property, but it was not designated as right-of-way. This Ordinance will dedicate this strip as right-of-way. The City has received a request to install a private utility in a right-of-way from Redline Pipeline LLC, a private company that represents the owner of Harmony Gardens. Resolution 2012-069 will authorize both an excavation permit and an encroachment permit. BACKGROUND / DISCUSSION It is preferable to have this property dedicated as right-of-way for a variety of reasons. In the past, title companies have raised title insurance issues for adjacent property owners because areas located adjacent to the roadway and the property line were not clearly delineated as part of the right-of-way. In addition, the City generally does not issue encroachment or excavation permits for the placement of public utilities on City property other than in the right- of- way. Adoption of this Ordinance will declare that the area depicted on Exhibit “A” to the Ordinance is right-of-way for Strauss Cabin Road and East Harmony Road and related improvements, and that this Ordinance be recorded in order to establish a public record of the existence of such right-of-way. In order to install public utilities in a right-of-way, excavation permits must be obtained from the City. In order to install a private utility in a right-of-way, both an excavation permit and an encroachment permit must be obtained from the City. The City generally requires that an easement be approved by the City Council in order to authorize installation of a public or private utility line on non-right-of-way real property owned by the City. The City received a request from Redline Pipeline LLC, a private company that represents the owner of Harmony Gardens. Its request is in connection with Harmony Gardens’ project to improve its water delivery system from the Boxelder Ditch to its irrigation pond. Harmony Gardens plans to install a pipe under the northern end of Strauss Cabin Road near East Harmony Road. The pipeline would be privately owned. If the location of the proposed pipe was entirely in road right-of-way, Redline would only need the permits described above. However, when Redline’s request was being processed, City staff noticed that in this area of Strauss Cabin Road, only the eastern 30 feet is right-of-way. This issue was not discovered when an earlier excavation permit was issued to Fort Collins-Loveland Water District to excavate Strauss Cabin Road in the same area. It is preferable to limit street excavations and the extra fees that are charged for cutting newly installed road improvements. The road was temporarily patched after the work by Fort Collins Loveland Water District was completed. Staff is requesting that City Council authorize a Revocable Permit to Redline so that Redline can start its work as soon as possible and re-excavate the road before the permanent patch is applied to the road, rather than having to wait until the right-of-way Ordinance goes into effect. In addition to obtaining this Revocable Permit, Redline COPY COPY COPY COPY August 21, 2012 -2- ITEM 21 will also be required to obtain the necessary excavation and encroachment permits that cover the remainder of Strauss Cabin Road, pay the appropriate fees, and comply with the conditions set forth in such permits. FINANCIAL / ECONOMIC IMPACTS All costs to perform excavation work and the street patchwork will be paid by Redline. ENVIRONMENTAL IMPACTS Staff has not identified any environmental impacts to the dedication of the right-of-way or the approval of the Revocable Permit. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. ATTACHMENTS 1. Location map. ORDINANCE NO. 081, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS STRAUSS CABIN ROAD AND EAST HARMONY ROAD RIGHT-OF-WAY WHEREAS, the City is the owner of a piece of real property described on Exhibit “A”, attached and incorporated herein by reference (the “Property”); and WHEREAS, the Property, which covers approximately 22,500 square feet, is located in the western half of Strauss Cabin Road and in East Harmony Road; and WHEREAS, the City acquired the Property by quit claim deed from the adjacent property owner, Lafarge West, Inc., in 2010, after a survey identified the Property as not having been included in a previous dedication of property to Larimer County for road right-of-way; and WHEREAS, the Property has been used for public road purposes for many years, although it was never dedicated as right-of-way and is not shown in public real property records as being for use by the City as right-of-way; and WHEREAS, the lack of right-of-way designation for the Property raises issues about the proper procedures for granting access to the Property for utilities seeking to locate facilities within the road right-of-way or for other future uses; and WHEREAS, in order to establish a public record that the City intends to use the property for right-of-way and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, City staff recommends that the Council so declare by this Ordinance; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned in the name of the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby declares that the real property described on Exhibit “A” shall constitute right-of-way for Strauss Cabin Road and East Harmony Road and related improvements, including without limitation public utilities, vehicular, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City. Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder upon final adoption. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Items Relating to the Kechter No. 1 Annexation and Zoning. A. Second Reading of Ordinance No. 082, 2012, Annexing Property Known as the Kechter Annexation No. 1. B. Second Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 1. EXECUTIVE SUMMARY These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 0.31 acres located approximately 945 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT Items Relating to the Kechter No. 1 Annexation and Zoning. A. Resolution 2012-070 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation No. 1. B. Hearing and First Reading of Ordinance No. 082, 2012, Annexing Property Known as the Kechter Annexation No. 1. C. Hearing and First Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 1. EXECUTIVE SUMMARY As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 1 is the first Ordinance of this series of sequential annexations, which are as follows: Kechter Annexation No. 1- 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No. 3 - 18.644 acres; Kechter Annexation total area: 19.279 acres. The majority of the land within the Kechter Annexation series includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter Road contains one single-family residence and is in the FA-1 – Farming Zoning District in Larimer County. The Kechter Annexation does not create an enclave. There are no immediate plans to develop this annexation area. Kechter Annexation No. 1 is 0.31 acres and is located approximately 945 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 – Farming Zoning District in Larimer County to the north, south, east and west. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Annexation No.1 gains the required 1/6 contiguity to existing city limits from a common boundary with the southwest corner of the Sage Creek Subdivision to the east (Annexation HH-36, December, 1998). Annexation No.1 has 17.5% of its perimeter boundary contiguous with existing City limits from this common boundary, thus satisfying the requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. The surrounding land uses are as follows: Zoning: Land Uses: N: County FA-1 Blehm residential subdivision S: County FA-1 Existing single family residence This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins. COPY COPY COPY COPY August 21, 2012 -2- ITEM 22 E: County FA-1 Existing single family residence E: County FA-1 Homestead residential community W: County FA-1 Kechter Crossing – planned community The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The Land Use Code describes this zone district as follows: Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. Findings: 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area. 4. On July 17, 2012, the City Council adopted Resolution 2012-053 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested L-M-N, Low Density Mixed-Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed Kechter Annexation and zoning. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. COPY COPY COPY COPY August 21, 2012 -3- ITEM 22 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19, 2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property be placed in the Low Density Mixed-Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning and Zoning Board Hearing are attached (Attachment 6). PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map – Annexation 1, 2 and 3 2. Area Context Map 3. Zoning Map 4. Structure Plan Map 5. Fossil Creek Reservoir Area Land Use Map 6. Planning and Zoning Board minutes, July 19, 2012 ORDINANCE NO. 082, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KECHTER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-053, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET; THENCE N79°57'37"W, A DISTANCE OF 163.95 FEET; THENCE N75°35'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00°49'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Annexation No. 1, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 083, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE KECHTER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Annexation No. 1 to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET; THENCE N79°57'37"W, A DISTANCE OF 163.95 FEET; THENCE N75°35'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00°49'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 ACRES), MORE OR LESS Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Items Relating to the Kechter No. 2 Annexation and Zoning. A. Second Reading of Ordinance No. 084, 2012, Annexing Property Known as the Kechter Annexation No. 2. B. Second Reading of Ordinance No. 085, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 2. EXECUTIVE SUMMARY These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 0.505 acres located approximately 925 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT Items Relating to the Kechter No. 2 Annexation and Zoning. A. Resolution 2012-071 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation No. 2. B. Hearing and First Reading of Ordinance No. 084, 2012, Annexing Property Known as the Kechter Annexation No. 2. C. Hearing and First Reading of Ordinance No. 085, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 2. EXECUTIVE SUMMARY As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 2 is the second of this series of sequential annexations, which are as follows: Kechter Annexation No. 1 - 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No. 3 - 18.644 acres; Kechter Annexation total area is 19.279 acres. The majority of the land within the Kechter Annexation series includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter Road contains one single-family residence and is in the FA-1 – Farming Zoning District in Larimer County. The Kechter Annexation does not create an enclave. There are no immediate plans to develop this annexation area. Kechter Annexation No. 2 is 0.505 acres and is located approximately 925 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 – Farming Zoning District in Larimer County to the north, south, east and west. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Annexation No. 2 has 17.3% of its perimeter boundary contiguous with City limits from a common boundary with Kechter Annexation No. 1, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The surrounding land uses are as follows: Zoning: Land Uses: N: County FA-1 Blehm residential subdivision S: County FA-1 Existing single family residence E: County FA-1 Existing single family residence This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. COPY COPY COPY COPY August 21, 2012 -2- ITEM 23 E: County FA-1 Homestead residential community W: County FA-1 Kechter Crossing – planned community The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The Land Use Code describes this zone district as follows: Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. Findings 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area. 4. On July 17, 2012, the City Council adopted Resolution 2012-054 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested L-M-N, Low Density Mixed-Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19, 2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property be placed in the Low Density Mixed-Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning and Zoning Board Hearing are attached (Attachment 6). COPY COPY COPY COPY August 21, 2012 -3- ITEM 23 PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map 2. Area Context Map 3. Zoning Map 4. Structure Plan Map 5. Fossil Creek Reservoir Area Land Use Map 6. Planning and Zoning Board minutes, July 19, 2012 ORDINANCE NO. 084, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KECHTER ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-054, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE N88°19'42"W, A DISTANCE OF 790.26 FEET; THENCE N86°35'52"E, A DISTANCE OF 791.12 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE S75°35'33"W, A DISTANCE OF 166.47 FEET; THENCE S79°57'37"E, A DISTANCE OF 163.95 FEET TO THE POINT OF BEGINNING. CONTAINING 21,999 SQUARE FEET (0.505 ACRES), MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 085, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE KECHTER ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Annexation No. 2 to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE N88°19'42"W, A DISTANCE OF 790.26 FEET; THENCE N86°35'52"E, A DISTANCE OF 791.12 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE S75°35'33"W, A DISTANCE OF 166.47 FEET; THENCE S79°57'37"E, A DISTANCE OF 163.95 FEET TO THE POINT OF BEGINNING. CONTAINING 21,999 SQUARE FEET (0.505 ACRES), MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Items Relating to the Kechter No. 3 Annexation and Zoning. A. Second Reading of Ordinance No. 086, 2012, Annexing Property Known as the Kechter Annexation No. 3. B. Second Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 3. EXECUTIVE SUMMARY These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 18.644 acres located approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - August 21, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: August 21, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT Items Relating to the Kechter No. 3 Annexation and Zoning. A. Resolution 2012-072 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation No. 3. B. Hearing and First Reading of Ordinance No. 086, 2012, Annexing Property Known as the Kechter Annexation No. 3. C. Hearing and First Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 3. EXECUTIVE SUMMARY As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 3 is the third of this series of sequential annexations, which are as follows: Kechter Annexation No. 1 - 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No. 3 - 18.644 acres; Kechter Annexation total area is 19.279 acres. The majority of the land within Kechter Annexation No. 3 includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter Road contains one single-family residence and is in the FA-1 – Farming Zoning District in Larimer County. The Kechter Annexation does not create an enclave. There are no immediate plans to develop this annexation area. Kechter Annexation No. 3 is located approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 – Farming Zoning District in Larimer County to the north, south, east and west. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Annexation No. 3 has 19.7% of its perimeter boundary contiguous with City limits from a common boundary with Kechter Annexation No. 2, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The surrounding land uses are as follows: Zoning: Land Uses: N: County FA-1 Blehm residential subdivision S: County FA-1 Existing single family residence E: County FA-1 Existing single family residence E: County FA-1 Homestead residential community W: County FA-1 Kechter Crossing – planned community This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. COPY COPY COPY COPY August 21, 2012 -2- ITEM 24 The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The Land Use Code describes this zone district as follows: Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. Findings 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area. 4. On July 17, 2012, the City Council adopted Resolution 2012-055 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested L-M-N, Low Density Mixed-Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19, 2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property be placed in the Low Density Mixed-Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning and Zoning Board Hearing are attached (Attachment 6). PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public COPY COPY COPY COPY August 21, 2012 -3- ITEM 24 hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map 2. Area Context Map 3. Zoning Map 4. Structure Plan Map 5. Fossil Creek Reservoir Area Land Use Map 6. Planning and Zoning Board minutes, July 19, 2012 ORDINANCE NO. 086, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-055, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD, S89°29'46"W, A DISTANCE OF 299.94 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO. 20060005697 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES: 1. S00°44'36"W, A DISTANCE OF 725.89 FEET; 2. N89°31'04"E, A DISTANCE OF 300.15 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 8; 3. ALONG SAID EAST LINE, S00°43'36"W, A DISTANCE OF 559.09 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8; 4. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8, S89°38'55"W, A DISTANCE OF 709.81 FEET; 5. N00°38'19"E, A DISTANCE OF 1,263.15 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD; THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING THREE (3) COURSES: 1. S89°29'46"W, A DISTANCE OF 1,004.03 FEET; 2. N00°02'14"W, A DISTANCE OF 20.00 FEET; 3. S89°29'46"W, A DISTANCE OF 67.30 FEET TO THE SOUTHEAST CORNER OF THE THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION NO. 2, N00°18'28"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89°29'46"E, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 5; THENCE S86°35'52"W, A DISTANCE OF 791.12 FEET; THENCE S88°19'42"E, A DISTANCE OF 790.26 FEET TO THE POINT OF BEGINNING. CONTAINING 812,118 SQUARE FEET (18.644 ACRES), MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Annexation No. 3, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. -2- Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- ORDINANCE NO. 087, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Kechter Annexation No. 3 to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD, S89°29'46"W, A DISTANCE OF 299.94 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO. 20060005697 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES: 1. S00°44'36"W, A DISTANCE OF 725.89 FEET; 2. N89°31'04"E, A DISTANCE OF 300.15 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 8; 3. ALONG SAID EAST LINE, S00°43'36"W, A DISTANCE OF 559.09 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8; 4. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8, S89°38'55"W, A DISTANCE OF 709.81 FEET; 5. N00°38'19"E, A DISTANCE OF 1,263.15 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD; THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING THREE (3) COURSES: 1. S89°29'46"W, A DISTANCE OF 1,004.03 FEET; 2. N00°02'14"W, A DISTANCE OF 20.00 FEET; 3. S89°29'46"W, A DISTANCE OF 67.30 FEET TO THE SOUTHEAST CORNER OF THE THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION NO. 2, N00°18'28"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89°29'46"E, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 5; THENCE S86°35'52"W, A DISTANCE OF 791.12 FEET; THENCE S88°19'42"E, A DISTANCE OF 790.26 FEET TO THE POINT OF BEGINNING. CONTAINING 812,118 SQUARE FEET (18.644 ACRES), MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Perrie McMillen AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT First Reading of Ordinance No. 091, 2012, Appropriating Unanticipated Grant Revenues in the General Fund for the Restorative Justice Services and Appropriating Funds from the Police Operating Budget. EXECUTIVE SUMMARY A grant in the amount of $45,000 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic that repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A $7,440 cash match is required and will be met by appropriating funds from the 2012 Police operating budget designated for Restorative Justice Services. The total required match is 25%, so an additional $7,560 in-kind match is designated from the Eighth Judicial Probation Department. BACKGROUND / DISCUSSION Restorative Justice Services (RJS) has been grant funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice and other grant funding agencies to support Restorative Justice Services. The RJS programs are supported by two grants and some funds from the City. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,000 young people who committed chargeable offenses in the community. The objective of the RJS programs is to educate young people who have committed offenses about how others are impacted by their actions, words and behaviors. The intention is that young people, who understand how they, their families, friends and community are harmed by their actions, and who have been held accountable for the harm they caused, will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system contribute positively to a safer and healthier community. Without grant funding and the support of the City, Restorative Justice Services would not be a service available to young people and their families, the courts, law enforcement and the community. The Eighth Judicial District Probation Department donates administrative staff time (its restorative justice specialist) to help coordinate the RESTORE Program, the RJS shoplifting component. Restorative Justice Services is in the midst of gaining approval for an organizational move with Restorative Justice Services moving from Police Services to Community Development and Neighborhood Services. Once approved, this move will take place in the remainder of 2012 with coordinators working to merge and cross-train their respective volunteer teams. The grant is being appropriated to Restorative Justice Services because it is not yet determined which department will house RJS. The required match will be appropriated from the police department’s 2012 operating budget with funds designated for Restorative Justice Services. The grant funding agency is aware of this possible organizational move. FINANCIAL / ECONOMIC IMPACTS The additional grant money in the amount of $45,000 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by appropriating $7,440 from the police operating budget, designated for restorative justice and a $7,560 in-kind match designated from the Eighth Judicial Probation Department. The grant period is from July 1, 2012 to June 30, 2013. This is the second year in a 3-year cycle for the Juvenile Diversion grant. September 4, 2012 -2- ITEM 16 Diverting youth and young adults from the justice system relieves pressure on Fort Collins Municipal Court and the 8th Judicial District Court and saves courts personnel time and money. Reducing future shoplifting, theft and other criminal behavior by young people who have participated in the RJS programs will have a long-term positive impacts on the economic health of our community by keeping young people out of the justice system, thereby improving their future employment options and encouraging young people to not shoplift or participate in other criminal behavior. ENVIRONMENTAL IMPACTS In RESTORE, education about the impact of shoplifting on the environment (excess packaging to prevent theft that ends up in our landfill) is part of the program, so there may be some future positive impact on the environment if fewer youth continue to shoplift. Occasionally there may be a positive impact on the environment when young people are educated about when and how their actions have an environmental impact. The programs have no known negative impact on the environment. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. RESTORE Program Information Sheet 2. The RJCP Information Sheet A Restorative Justice Program for Merchants, Community and Young Shoplifters WHAT IS IT? The RESTORE Program provides a voluntary opportunity for youth who have shoplifted to deal with their charge in a way that is meaningful to themselves and the community. HOW DOES IT WORK? The Fort Collins Municipal Court or Larimer County District Attorney’s Office have referred you to our program. You will attend an arraignment and meet with our staff and/or volunteers, who will explain the RESTORE program to you and your parent/guardian. If you decide to participate in the program, you will complete a RESTORE intake form and sign up for Session #1. You will also be asked to take a survey, which is anonymous and used for grant funding purposes. Your parent/guardian must attend the sessions with you. RESTORE Session #1 has three parts and will take approximately 3 hours. Part 1- You and your parent/guardian will listen to speakers discuss the impact of shoplifting on the merchant community, law enforcement, the court system, families, and the larger community. You will also hear other youth speak about how shoplifting has affected them, their peers, and their families. Part 2 – You and your parent/guardian then will meet with a small group to talk about the shoplifting incident you were involved in and how you have been affected by this incident. This group will also include other juvenile shoplifters, their parents, a community member, a peer representative, and a merchant representative, and will be facilitated by RESTORE volunteers. Part 3 - When the small group is complete, you and your parent/guardian will review a contract and select from a list ways you can repair the harm to the victim, the community, your family and yourself. The contract includes eight hours community service. You will also sign up for a time to return to Session #2. RESTORE Session #2 will take approximately one hour. About one month after Session #1, you will return to the RESTORE Program with all of your completed contract items. You will meet with a small group of volunteers who will review your contract and verification of items completed. You will also complete the survey taken in the original meeting. Not guilty: If you believe you are not guilty, you do not belong in the RESTORE Program. To participate, you must admit your part in the incident. Young adults: You are not required to bring a parent. However, we recommend you bring a person who cares about you and will support you through the process. BY PARTICIPATING IN THE RESTORE PROGRAM, YOU CAN: learn more about shoplifting and how it affects merchants and the community repair the harm done by the incident in a meaningful way make choices about the consequences of your actions have your theft charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order made out to City of Fort Collins-RJ). A reduced fee is available for families who qualify. A $25 administrative fee is added for rescheduling a session. ATTENDANCE AT BOTH SESSIONS IS MANDATORY. IF YOU DO NOT ATTEND YOUR SCHEDULED SESSIONS, YOU WILL BE EXPELLED FROM THE PROGRAM AND REFERRED BACK TO COURT. FOR MORE INFORMATION about the RESTORE Program, contact: Bernadette Martinez (Probation Department) 970-498-5844 Perrie McMillen (RESTORE Program) 970-566-8160 201 LaPorte Ave. Suite # 110 * c/o Probation Department * Fort Collins, CO 80521-2764 ATTACHMENT 1 Repairing the harm of crime for victims, young offenders and community WHAT IS IT? The Restorative Justice Conferencing Program (RJCP) provides a voluntary opportunity for young people (age 10-20) who have committed misdemeanor offenses to deal with their charge in a way that is meaningful to them and the community. HOW DOES IT WORK? The Fort Collins Municipal Court or Larimer County District Attorney’s Office has referred you. You will attend a court arraignment and meet with RJCP staff, who will explain the RJCP program. If you decide to participate, you will complete preliminary forms and sign up for the program. You will also be asked to take a survey, which is confidential and used for grant purposes. If you are under 18 years of age, your parent/guardian must attend the arraignment and the RJCP meetings with you. Restorative Justice Conferencing Program (RJCP) RJCP consists of three meetings, totaling 4-6 hours, and contract obligations to fulfill in between. Meeting #1 – (1-1.5 hours) You and your parent/guardian will meet with RJCP facilitators for a preconference meeting. At this meeting you will learn more about the RJCP process and will prepare for the upcoming RJ circle. You will discuss the incident and explore your thoughts and feelings about the incident and who has been impacted by it. Your parent will also discuss how the incident has impacted the family. You will have homework to develop ideas on how to repair the harm caused by the incident. Meeting #2 – (2-3 hours) You and your parent/guardian will meet with the victim/victim representative, other offenders (if there are any), community representatives and the RJCP facilitators in a face-to-face meeting. The discussion will focus on who has been harmed by the incident, how they have been harmed, and what can be done to repair the harm. The circle will develop a contract to address repairing the harm caused by the incident. The contract will include a minimum of 20 restorative hours for you to fulfill. Meeting #3 – (1 hour) You and your parent/guardian will return for a follow-up interview with RJCP staff and/or volunteers when your contract obligations are complete (usually about a month). You must bring written verification of all contract items to this interview. You will review your understanding of the harm done by the incident, and any experiences you have had or things you have learned through the process. Other participants from the circle will be invited to attend the interview, and may or may not be present. You will also complete the survey taken at the court arraignment. If all contract items are complete and verified, you will have completed the program. BY PARTICIPATING IN THE RJCP PROGRAM, YOU CAN: learn more about your offense and how it affected the victim, community, your family, yourself repair the harm done by the incident in a meaningful way make choices about the consequences of your actions have your charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order to: City of Fort Collins – RJ). We do NOT accept checks. A reduced fee is available for families who qualify. FOR MORE INFORMATION about the RJCP Program, contact: Mary-Claire Geiss or Perrie McMillen (970) 416-2290 ATTACHMENT 2 ORDINANCE NO. 091, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE GENERAL FUND FOR THE RESTORATIVE JUSTICE SERVICES AND APPROPRIATING FUNDS FROM THE POLICE OPERATING BUDGET WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Police Services a grant in the amount of $45,000 for operating expenses associated with the operation of the Restorative Justice Services for the 2012-13 grant cycle; and WHEREAS, the Restorative Justice Service is an alternative to the traditional criminal justice system and the program seeks to hold young offenders accountable by facilitating a meeting with the offender, the victim and members of the community to determine the harm done by the crime, and how to repair the harm; and WHEREAS, the grant provides 75% of the total project cost in the amount of $60,000 and requires a match of 25% ($15,000), $7,440 of which can be funded from funds available in the General Fund Police Services operating budget, and the remaining $7,560 of which can be funded by an in-kind match from the Eighth Judicial District Probation Department; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Restorative Justice Services grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of FORTY FIVE THOUSAND DOLLARS ($45,000) for expenditure in the General Fund to the Police Services grant project for Restorative Justice Services. Section 2. That the unexpended appropriated amount of SEVEN THOUSAND FOUR HUNDRED FORTY DOLLARS ($7,440) is hereby authorized for transfer from the Police Services operating budget in the General Fund to the Police Services grant project for Restorative Justice Services and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Kevin Gertig, Lance Smith Lisa Voytko AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT First Reading of Ordinance No. 098, 2012, Appropriating Additional Prior Year Reserves in the Water Fund for Additional High Park Fire Remediation. EXECUTIVE SUMMARY On August 21, City Council approved an emergency ordinance appropriating reserves from the Water Fund to begin the soil stabilization efforts required to limit the impacts of the High Park Fire on the Cache la Poudre watershed. That appropriation allowed work to begin on the Hill Gulch, which had been identified as the most critical area comprising Phase 1 of the effort for the whole 5,657 acres which will require aerial mulching and seeding per the Burn Area Emergency Response (BAER) report. That work has begun and is anticipated to be completed in 2 weeks, rather than the initial estimate of 4 weeks, allowing the next critical area, Boyd Gulch, to be treated before October. This Ordinance seeks additional funds from the Water Fund reserves to tackle the soil stabilization efforts in the Boyd Gulch and other high-priority areas. This Ordinance appropriates $2,000,000 from the Water Fund reserves so that additional mitigation efforts can be completed in 2012. BACKGROUND / DISCUSSION The High Park Fire, which began on June 9, 2012 and ended on July 11, 2012, has affected the Cache la Poudre watershed. The City has a large vested interest in the quality of water in the Poudre River. The Cache la Poudre watershed is not owned by Fort Collins Utilities and consequently, it is necessary to work with other governmental entities and private landowners to effectively address the negative effects of erosion/sediment transport into the River due to rain on the burn area. Over 70% of the burned area resides on private land, which will not be mitigated without participation of the City of Fort Collins. The City of Greeley has entered into an agreement with Western States Reclamation to do similar mitigation in the Hill Gulch already. That contractor is currently completing the reseeding and mulching necessary to slow the erosion affecting Hill Gulch and will be ready and available for this effort. The cooperative efforts after the High Park Fire have identified Boyd Gulch as a priority area for similar efforts. A total of 5,657 acres require treatment. This funding represents the City of Fort Collins portion of the funds required to treat this area and possibly other areas in 2012. Staff will continue to update the City Council and community as more information becomes available. What is known at this time is that the water quality is, and will continue to be, challenging to treat after any rain or snow melt. Based on literature of watershed fires, we could experience negative effects for years after this fire. In addition, these negative effects will change as the years go by with immediate effects being the presence of ash and sediment in the river and longer term changes to the water quality such as metals concentration and algae growth leading to taste and odor issues are anticipated. Denver Water for example is still dealing with the Hayman fire more than a decade later. FINANCIAL / ECONOMIC IMPACTS This effort will be coordinated through the National Resources Conservation Service (NRCS) through a program called “Emergency Watershed Protection (EWP)”. The program is designed for recovery measures. The measures must be environmentally and financially sound. It is possible we will be eligible for up to 75% reimbursement from the federal agencies and the City would pay the remaining 25%. It is not anticipated that federal funds will be available to reimburse the City for any work done in 2012. Federal funds may not be available for work done in 2013 either, although that is not known at this time. However, it is necessary to begin the mitigation efforts immediately. September 4, 2012 -2- ITEM 17 Since the total recovery cost impacts are still being determined at this time, this Ordinance is requesting funding only for the mitigation efforts related to the Boyd Gulch and other high priority areas in 2012. As further financial assessments are completed, staff will update the City Council. It is anticipated at this time that a rate increase will be necessary in 2013 to cover the additional costs associated with the fire mitigation efforts and the increased water treatment costs. Our region is known for its high quality water and the economic impact is significant to our city. Many businesses have located here specifically because our water exceeds drinking water standards. ENVIRONMENTAL IMPACTS The City of Fort Collins, along with two other water providers together serve over 320,000 citizens with high quality drinking water in northern Colorado. In Fort Collins, staff is collaborating with the other agencies to reduce the negative environmental impact. The fire has increased debris in the river, erosion, and the sediment continues to degrade water quality. The City plans to mitigate the areas that have the highest severity by placement of seed and mulch. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION There has not been sufficient time to present this Ordinance to the Water Board although updates on the situation have been given to the Water Board. The complete mitigation plans will be presented to the Water Board when they are more fully developed. ORDINANCE NO. 098, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING ADDITIONAL PRIOR YEAR RESERVES IN THE WATER FUND FOR ADDITIONAL HIGH PARK FIRE REMEDIATION WHEREAS, the High Park Fire, which began on June 9, 2012 and ended on July 11, 2012, has affected the Cache la Poudre watershed (the “Watershed”); and WHEREAS, a formal assessment of the impacts of the High Park Fire has been prepared by an interagency Burned Area Emergency Response (“BAER”) team, consisting of the Natural Resources Conservation Agency (“NRCS”), Larimer County (the “County”), the Colorado Department of Transportation (“CDOT”) and the U.S. Forest Service (“USFS”), and was issued on July 17, 2012 (the “BAER Report”); and WHEREAS, considering the severity of the impacts of the High Park Fire, and the resulting potential for increased soil erosion and related cumulative effects from increased peak runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded that the High Park Fire has resulted in emergency conditions for roads, recreation, water diversion infrastructure, water quality degradation, flood hazard, debris flow hazard, and road washout hazard, each of which pose a very high level of risk of major loss to human life, safety and property; and WHEREAS, in addition, the BAER Report identifies other related emergency conditions created by the High Park Fire, such as the risk related to recovery of native vegetation, and identifies a high level of risk to cultural and heritage resources; and WHEREAS, recent rain events have demonstrated the negative effects of erosion in the Watershed and on the Cache la Poudre River (the “Poudre River”), a key water source for the City; and WHEREAS, in view of the foregoing, there is an urgent need for the City and other entities that will experience the impacts identified in the BAER Report to act quickly to mitigate the conditions in the Watershed so as to reduce the potential for these emergency conditions and related risk to human life, safety and property; and WHEREAS, the Watershed is largely located on land not owned by the City; consequently, it is necessary to work with federal and state agencies, the City of Greeley (“Greeley”), the Tri-Districts (Fort Collins-Loveland Water District, East Larimer County Water District, and North Weld County Water District) (the “Districts”), and the County to develop an erosion mitigation plan to effectively address the negative effects of rain, erosion and sediment transport due to rain on the burn area; and WHEREAS, on August 21, 2012, the City Council adopted Emergency Ordinance No. 088, 2012, which appropriated prior year reserves in the Water Fund to allow the City to move forward with Greeley, the Districts and the County to meet the most immediate need by addressing the highest priority area, Hill Gulch, which represents 1,152 acres of the 5,600 acres requiring mitigation; and WHEREAS, upon completion of the mitigation work in the Hill Gulch area, work in the next highest priority areas in the Watershed will need to proceed as quickly as possible in order to reduce the impacts to the Watershed to the extent reasonably possible; and WHEREAS, the Watershed mitigation efforts will continue to be coordinated through the NRCS, which administers a program called the Emergency Watershed Protection (“EWP”) program that is designed to prescribe and facilitate recovery measures that are environmentally and financially sound; and WHEREAS, the City has worked with local, state and federal agencies to secure possible recovery funding; and WHEREAS, on August 21, 2012, the City Council adopted Resolution 2012-079, authorizing two intergovernmental agreements regarding Watershed mitigation in response to the High Park Fire, including the commitment of the funds appropriated by this Ordinance for the above-described immediate response activities; and WHEREAS, City staff has worked to negotiate additional cost-sharing agreements for the ongoing mitigation work in the Watershed; and WHEREAS, there are not currently sufficient City funds appropriated and available to fund ongoing Watershed mitigation efforts in the remaining weeks of the year during which conditions are appropriate for the mitigation work; and WHEREAS, funds are available from the Water Fund prior year reserves for the High Park remediation in the Boyd Gulch area and other high-priority areas; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from prior year reserves in the Water Fund the sum of TWO MILLION DOLLARS ($2,000,000) for High Park Fire remediation activities as described herein. -2- Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- DATE: September 4, 2012 STAFF: Laurie Kadrich Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT First Reading of Ordinance No. 092, 2012, Amending Certain Provisions of the Land Use Code to Afford Better Regulation of Multi-Family, High Density Housing Developments. EXECUTIVE SUMMARY At City Council’s direction, the Community Development and Neighborhood Services (CDNS) department analyzed what immediate measures Council could consider to help mitigate adverse impacts of current and future multi-family housing in areas adjacent to single family neighborhoods. Three measures were suggested for immediate adoption: 1. require Medium Density Mixed-Use Neighborhood (MMN) land use and development standards for all multi- family projects, particularly outside the Transit-Oriented Development (TOD) Overlay Zone. 2. modify the Neighborhood Commercial zone district to ensure a significant commercial component. 3. require an operation, management and security study for larger multi-family developments. BACKGROUND / DISCUSSION City Council has reviewed options with staff during the July 24, 2012 and August 14, 2012 Work Sessions in response to residents’ concerns about the increasingly adverse impacts of larger multi-family developments near existing single family residential neighborhoods. Staff has proposed a three (3) phase approach to addressing concerns (see the following tables). This Ordinance implements Phase 1 of the three phase approach. Based on input received from City Council and the Planning and Zoning Board, two modifications were made to the draft ordinances presented during the work session. The first adds the operations, management and security plan as a submittal requirement, strengthening compatiblity with existing neighborhoods and uses by addressing ongoing issues not directly related to the Land Use Code. The second removes the threshold of 50 units to “trigger” the operations, management and security requirement. Staff will then have flexibility in reviewing operations, management and security requirements based on the compatibility with existing neighborhoods and uses for any sized project on an as-needed basis. Phase 1- proposed LUC “Immediate” changes: Purpose: To strengthen compatibility to the existing neighborhoods. • Require Division 4.6 (D2-D4) & (E) of the MMN (Land Use and Development) standards to apply to all multi- family projects by incorporating those sections into the Land Use Code (LUC) General Standards. In addition, a new provision would lower the threshold of the number of buildings at which point the variety among repeated buildings would be required. What this will accomplish: The intent of the MMN Zone District is to “function together with surrounding low density neighborhoods (typically the LMN zone district)”. By bringing these standards into the General Standards, all multi-family projects would need to comply with the land use and development standards relating to density, mix of housing types, lot pattern, parks, recreation and open space, block size and structure, minimum building frontage, etc. The new provision to enhance variety among repeated buildings lowers the threshold from five to three buildings that would require two distinctly different building designs. Similarly the threshold is lowered from seven to five buildings that would require three distinctly different building designs. Adding these requirements to the General Development standards will increase “compatibility” to the single-family existing neighborhoods on a city-wide basis. Requirements that are specific to the TOD, however, will remain in place and not be superseded by this new code section. The existing TOD standards are intended to encourage land uses, densities and urban design along the Mason Corridor. The exempted standards pertain to a required minimum mix of housing types, access to a central feature or gather place and height and need not be duplicated. As with all multi-family development, projects in the TOD must still comply with applicable neighborhood compatibility criteria in Section 3.5.1. September 4, 2012 -2- ITEM 18 • Modify 4.23 (D)(2) in the Neighborhood Commercial Zone to restrict 100% secondary uses such as residential development on land parcels of 5 acres or less, rather than the current allowance of 10 acres or less. What this will accomplish: This would place further emphasis that the NC zone is geared toward providing neighborhood commercial services and not a multi-family zone. • Add 4.6 (E)3 – Operations, Management and Security Study for Multi-Family Dwellings to the LUC. What this will accomplish: This will ensure that the development has an ongoing plan for mitigating tenant activities that may not be tied directly to Land Use Code standards yet may affect the surrounding neighborhoods that are available for review and comment during the development review process. For example, the plan would address such issues as after-hours security, parking enforcement, landscaping upkeep and other aspects of local management services. The original proposal included a minimum of 50 units in order to “trigger” an operations plan. This requirement has been deleted based upon comments received from the Council, the Planning and Zoning Board and the Land Use Code Committee. Table 1. July Work Session Issues Process Follow-up Source SHAP Parking Plan WCNP Update NC Intensity vs. Density X NC Mitigation of increased density with parks X NC Evaluate cumulative impacts of development, including traffic, noise, and parking. XXX NC Compatibility and buffering X NC Parking overflow X Staff Community Evaluate Prescriptive Standards for 4+ per unit development X Staff Community Define a variety of multi- family housing types, compatibility X NC = Neighborhood Coalition SHAP = Student Housing Action Plan September 4, 2012 -3- ITEM 18 Table 2. August Work Session SUMMARY OF OPTIONS AND TIMELINE TABLE 2012 Implementation Phasing (1,2,3) Timeline Issues Suggested Methods for Addressing Issues LUC Change SHAP Parking Plan WCNP Update 1 Aug. 14 - Council work session; Aug. 16 - Planning and Zoning Board; Sept. 4 - Ordinance Compatibility: MMN Standards NC zone Operating Review T 2 Sept. 14 - Planning and Zoning Board work session; Sept. 20 - P&Z hearing; Oct. 9 - Council work session; Nov. 6 or Nov. 20 - Ordinance Intensity Measure TOD Student Housing T 3 Oct. 2 - Council considers Parking Plan Parking overflow T 2013 and Beyond Implementation 3 Oct. 9 - Council work session Traffic Options Prospect* 3 Oct 23 - Council work session SHAP T 3 2013 BFO Offer – WCNP update September 4, 2012 -4- ITEM 18 BOARD / COMMISSION RECOMMENDATION The Land Use Code changes have been introduced to the Planning and Zoning Board during its August 16 meeting and will be considered for recommendation during a Special Hearing on September 13, 2012. Minutes will be provided for Second Reading of the Ordinance. PUBLIC OUTREACH Numerous public outreach efforts were made through the Student Housing Action Plan process, meetings with neighbors and Council work sessions. These changes reflect requests expressed during these processes and other public hearing comments. ATTACHMENTS 1. August 14, 2012 Work Session Summary 2. Transit Oriented Development Overlay Zone map ATTACHMENT 1 C a c h e L a P o u d r e R i v e r S HOWES ST W LAUREL ST S LEMAY AVE W ELIZABETH ST S SHIELDS ST S SHIELDS ST REMINGTON ST W DRAKE RD S TIMBERLINE RD S TIMBERLINE RD E LINCOLN AVE W HORSETOOTH RD N TIMBERLINE RD N COLLEGE AVE N MASON ST E HARMONY RD S OVERLAND TRL E MOUNTAIN AVE W VINE DR E HORSETOOTH RD N TAFT HILL RD W HARMONY RD RIVERSIDE AVE E MULBERRY ST E PROSPECT RD W MOUNTAIN AVE LANDINGS DR W PROSPECT RD N HOWES ST W COUNTY ROAD 38E E VINE DR E DRAKE RD E MULBERRY ST S COLLEGE AVE 1 ORDINANCE NO. 092, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF THE LAND USE CODE TO AFFORD BETTER REGULATION OF MULTI-FAMILY, HIGH DENSITY HOUSING DEVELOPMENTS WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, concerns have arisen within the community and among the members of the City Council regarding the cumulative effect of the development of multi-family housing and the potential adverse impacts of such development in areas adjacent to the development that are of a single-family residential nature; and WHEREAS, upon the request of the City Council, City staff has developed and proposed certain revisions to the Land Use Code which are designed to assist in prompt resolution of some of the problems and impacts that are created by the proliferation of multi-family housing while, at the same time, City staff is pursuing additional measures that may be appropriate; and WHEREAS, City Council has determined that requiring the Medium Density Mixed-Use Neighborhood Land Use and Development Standards to be applied to all multi-family projects City-wide and modifying the Neighborhood Commercial Zone District provisions to ensure that a significant commercial component is included within multi-family housing projects and requiring that all multi-family housing projects develop and present to the City an operation, management and security plan, is in the best interests of the City; and WHEREAS, following significant public outreach and consideration by the Planning and Zoning Board, the City Council has determined that the proposed revisions are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Division 3.8 of the Land Use Code is hereby amended by the addition of a new subsection 3.8.30 entitled “Multi-Family Dwelling Development Standards” which reads in its entirety as follows: 3.8.30 Multi-Family Dwelling Development Standards 2 (A) Purpose/Applicability. The following standards apply to all multi-family developments and are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets, and compatibility with surrounding neighborhoods. Multi-family developments in the Transit-Oriented Development (TOD) Overlay Zone are exempt from subsections (B), (C), and (E) of this Section. (B) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety: (1) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels that are part of a phased development. A minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger. (2) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots abutting common open spaces are encouraged. (3) The following list of housing types shall be used to satisfy this requirement: (a) Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet. (b) Two-family dwellings. (c) Single-family attached dwellings. (d) Mixed-use dwelling units. (e) Group homes. (f) Multifamily dwellings. (4) Lot pattern. The lot size and layout pattern for Medium Density Mixed- Use Neighborhoods shall be designed to allow buildings to face toward the street. (C) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, 3 central features or gathering places shall contain one (1) or more of the following uses: (1) Public parks, recreation areas or other open lands. (2) Privately owned parks, meeting the following criteria: (a) Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area. (b) Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. (c) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. (d) Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize. (e) Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association. (f) Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (3) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (a) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size. (D) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: 4 (1) Block structure. Each medium density mixed use neighborhood and each multi-family project shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures __A through __F). Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block. (2) Block size. All blocks shall be limited to a maximum size of seven (7) acres. (3) Minimum building frontage. Forty (40) percent of each block side or fifty (50) percent of the block faces of the total block shall consist of either building frontage, plazas or other functional open space. (4) Building height. Buildings shall be limited to a maximum of three (3) stories. (E) Buildings. (1) The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story. (2) The portion of a building within a radius of fifty (50) feet of the right-of- way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story. (3) Minimum setback from street right-of-way: none. 5 Figure __A Example of Shopping Center on One Block Figure __B Example of Park/Civic Block 6 Figure __C Example of Garden Apartment Block 7 Figure __D Example of Townhouses and Small Lot Houses 8 Figure __E Example of Bungalow Block 9 Figure __F Example of Office Block (F) Design standards for multi-family dwellings. (1) Orientation and setbacks. Setbacks from the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. (2) Variation among repeated buildings. For any development containing at least five (5)three (3) and not more than seven (7)five (5) buildings (excluding clubhouses/leasing offices), there shall be at least two (2) distinctly different building designs. For any such development containing more than seven (7)five (5) buildings (excluding clubhouses/ leasing offices), there shall be at least three (3) distinctly different building designs. For all developments, there shall be no more than two (2) similar 10 buildings placed next to each other along a street, street-like private drive or major walkway spine. Buildings shall be considered similar unless they vary significantly in footprint size and shape, architectural evaluations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features. (3) Variation of color. Each multi-family building shall feature a palette of muted colors, earth tone colors, natural colors found in surrounding landscape or colors consistent with the adjacent neighborhood. For a multiple structure development containing at least forty (40) and not more than fifty-six (56) dwelling units, there shall be at least two (2) distinct color schemes used on structures throughout the development. For any such development containing more than fifty-six (56) dwelling units, there shall be at least three (3) distinct color schemes used on structures throughout the development. For all developments, there shall be no more than two (2) similarly colored structures placed next to each other along a street or major walkway spine. (4) Entrances. Entrances shall be made clearly visible from the streets and public areas through the use of architectural elements and landscaping. (5) Roofs. Roof lines may be either sloped, flat or curved, but must include at least two (2) of the following elements: (a) The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing. (b) Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections. (c) Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane. (d) Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color. (e) Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials. (6) Facades and walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single- or two- family dwellings, and shall not have repetitive, undifferentiated wall planes. Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. 11 Facade articulation may be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements. (7) Colors and materials. Colors of non-masonry materials shall be varied from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim. (G) Operations, management and security plan for multi-family dwellings. Multi- family developments shall provide to the City an operations, management and security plan prepared by a professional qualified in the areas of property or facility management, property maintenance or other relevant discipline. The contents of the operations, management and security plan shall be established by the Director in the submittal requirements as provided in Section 2.2.3. The decision maker shall review the plan to determine whether it is adequate to protect the health, safety and welfare of the occupants of the development and neighboring areas, and shall not approve any development if the plan for such development is not determined to be adequate. The development, once approved, shall remain consistent with the plan throughout the life of the development. Section 2. That Division 4.6(D) and (E) of the Land Use Code is hereby amended to read as follows: DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N) . . . (D) Land Use Standards. (1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings. (a) The minimum residential density of any phase in a multiple-phase development plan shall be seven (7) dwelling units per net acre of residential land. 12 (2) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety: (a) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels part of a phased development. A minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger. (b) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots abutting common open spaces are encouraged. (c) The following list of housing types shall be used to satisfy this requirement: 1. Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet. 2. Two-family dwellings. 3. Single-family attached dwellings. 4. Mixed-use dwelling units. 5. Group homes. 6. Multifamily dwellings. (d) Lot pattern. The lot size and layout pattern for Medium Density Mixed-Use Neighborhoods shall be designed to allow buildings to face toward the street. (3) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses: (a) Public parks, recreation areas or other open lands. (b) Privately owned parks, meeting the following criteria: 13 1. Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area. 2. Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park. 3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public. 4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize. 5. Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association. 6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park. (c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size. (42) Secondary Uses. All residential uses, parks and recreational facilities and community facilities are considered the primary uses of this zone district. All other permitted uses are considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than fifteen (15) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development. (3) Building height. Buildings shall be limited to a maximum of three (3) stories. 14 (E) Development Standards. (1) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature: (a) Block structure. Each Medium Density Mixed-Use Neighborhood and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 17A through 17F). Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block. (b) Block size. All blocks shall be limited to a maximum size of seven (7) acres. (c) Minimum building frontage. Forty (40) percent of each block side or fifty (50) percent of the block faces of the total block shall consist of either building frontage, plazas or other functional open space. (d) Building height. Buildings shall be limited to a maximum of three (3) stories. (2) Buildings. (a) The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story. (b) The portion of a building within a radius of fifty (50) feet of the right- of-way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story. (c) Minimum setback from street right-of-way: none. Exa F ample of Shop F Example o 15 Figure 17A pping Center o Figure 17B of Park/Civic on One Block Block E F Example of Ga 16 Figure 17C arden Apartmment Block Exam F mple of Townh 17 Figure 17D houses and Smmall Lot Housees F Example 18 Figure 17E of Bungalow BBlock (3) D (a (b Design stand a) Orient propert five (25 b) Variati taining (exclud F Exampl dards for mul ation and se ty containing 5) feet. ion among at least fi ding clubhou 19 Figure 17F le of Office Bl lti-family dw etbacks. Se g single- and repeated b five (5) and uses/leasing lock wellings. etbacks from d two-family buildings. d not more offices), th m the propert y dwellings For any de e than seve ere shall be ty line of abu shall be tw evelopment en (7) buil e at least tw utting wenty- con- dings wo (2) 20 distinctly different building designs. For any such development containing more than seven (7) buildings (excluding clubhouses/ leasing offices), there shall be at least three (3) distinctly different building designs. For all developments, there shall be no more than two (2) similar buildings placed next to each other along a street, street- like private drive or major walkway spine. Buildings shall be considered similar unless they vary significantly in footprint size and shape, architectural evaluations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features. (c) Variation of color. Each multi-family building shall feature a palette of muted colors, earth tone colors, natural colors found in surrounding landscape or colors consistent with the adjacent neighborhood. For a multiple structure development containing at least forty (40) and not more than fifty-six (56) dwelling units, there shall be at least two (2) distinct color schemes used on structures throughout the development. For any such development containing more than fifty-six (56) dwelling units, there shall be at least three (3) distinct color schemes used on structures throughout the development. For all developments, there shall be no more than two (2) similarly colored structures placed next to each other along a street or major walkway spine. (d) Entrances. Entrances shall be made clearly visible from the streets and public areas through the use of architectural elements and landscaping. (e) Roofs. Roof lines may be either sloped, flat or curved, but must include at least two (2) of the following elements: 1. The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing. 2. Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections. 3. Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane. 4. Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color. 5. Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials. (f) Facades and walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box 21 or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single- or two-family dwellings, and shall not have repetitive, undifferentiated wall planes. Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. Facade articulation may be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements. (g) Colors and materials. Colors of non-masonry materials shall be varied from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim. Section 3. That Section 4.23(D)(2) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (1) District Boundaries/Edges. Land use boundaries and density changes in the Neighborhood Commercial District shall occur at mid-block locations to the maximum extent feasible, rather than at streets (so that similar buildings face each other). (2) Secondary Uses. All residential permitted uses, except mixed use dwellings in multistory mixed use buildings, shall be considered secondary uses in this zone district and, for projects containing ten (10)five (5) or more acres, together shall occupy no more than thirty (30) percent of the total gross area of any development plan. If the project contains less than ten (10)five (5) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development. 22 Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Jon Haukaas, Lance Smith Tiana Smith AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 093, 2012, Amending Section 26-279 of the City Code to Allow a Reduction for Calculated Evaporative Losses in Determining Wastewater Volume for Existing Large Industrial Processes. EXECUTIVE SUMMARY In 2010, Chapter 26 of the City Code was modified to establish an additional method of determining wastewater volume as the basis for Wastewater Service fees. That Code amendment allowed Utilities to recognize specific quantities of water consumed or processed in manufacturing processes for the City’s industrial and large commercial wastewater customers. Examples include cooling towers and other equipment or processes where a measurable reduction in wastewater discharge can be determined and metered. The reduction may apply to either a specified portion of the user’s facilities or the facility as a whole. This Ordinance will add an option to Section 26-279 of the City Code to allow for the use of nationally accepted industry standards of calculation to recognize specific quantities of water that are evaporated off as part of an industrial process and as a result are not discharged to the wastewater system. The models would provide a quantifiable amount of water which should not be included in the wastewater discharge volume which serves as the basis for Wastewater Service fees in lieu of metering for existing structures. This adjustment will be allowed only for large industrial customers, and metering will still be required for newly constructed facilities. BACKGROUND / DISCUSSION Chapter 26 of the City Code establishes specific rates for all customer classifications, including intermediate non- residential users and users with industrial discharge permits. Rates are based upon water use, measured wastewater flows, or winter quarter use, whichever is applicable. From a technical perspective, measurement of wastewater flow has proved to be difficult due to system design and reliability of wastewater metering. The 2010 change to Chapter 26 of the City Code established an additional method of determining wastewater volume as the basis for Wastewater Service fees. Because water use is the standard basis for determining the charges, the alternative approach resulted in an adjustment for the difference in water volume received and wastewater volume discharged. This alternative method of determining wastewater discharge applies to commercial customers who have facility or manufacturing processes that result in a significant difference between the volume of water delivered and the volume of wastewater discharged, and excludes water used for landscape irrigation. The 2010 Code change provided general guidelines for this specific type of adjustment. With the Code amendment now proposed, the Wastewater Utility will be authorized to allow for a calculated determination of evaporative losses for large industrial customers with existing facilities for which installation of additional metering devices is not practical or cost-effective. The following underlined language is proposed to be added to City Code in 26-279 to describe the manner in which the nationally accepted American Society of Heating, Refrigerating and Air Conditioning Engineer (ASHRAE) standards of calculation could be used as the basis for wastewater charges: c. for evaporative loss in a specific industrial process that was in operation as of September 1, 2012, and that is served by a water meter four (4) inches in size or greater, a method for calculating the amount of evaporative loss may be used to reduce the customer’s wastewater volume from the amount that would otherwise be determined based upon water use, provided that such method must be reasonably satisfactory to the Utilities Executive Director and must be based on generally accepted methods determined to accurately and reliably predict the rate and amount of such evaporative loss; or September 4, 2012 -2- ITEM 19 A customer requesting an alternative calculation method based on ASHRAE standards and guidelines and approved by the Utilities Executive Director to reflect the difference in water volume received and wastewater volume discharged will be required to meet the following conditions: • The reduction must be for a specific process for a structure existing prior to the date of this Ordinance being adopted. It is not for the entire facility. • The reduction must be metered in new construction or where possible in existing buildings. • Customer must be on a service using a 4-inch meter or larger. • Customer must be able to verify the accuracy of inputs to calculation model. FINANCIAL / ECONOMIC IMPACTS Staff anticipates that this City Code amendment may result in a significant reduction to Wastewater Fund revenue over the next several years. The exact amount of the reduction is not quantifiable at this time; however, it is estimated that it will be in the range of $500,000 to $1,500,000. One million dollars represents 5% of the Wastewater Fund’s annual operating revenue. Staff has included estimates of the effect of this change in the Budgeting For Outcomes (BFO) process and will make recommendations on any required rate changes as a part of the budget and rate-setting work later this year. This amendment will provide an additional method for quantifying wastewater discharge in a specific commercial use as the basis for equitably allocating wastewater collection and treatment costs to those commercial customers that meet the requirements of the program. It allows the Utilities to adjust the basis for determining charges by metering or calculating discharge flows rather than determining wastewater charges based on water volume delivered. The result is reduced cost to the commercial customer that more closely matches with the amount of wastewater service delivered. This has an economic benefit to the customer; however, it results in a reduction in revenue to the Wastewater fund. It is anticipated that the change in cost allocation and the need to restore this lost revenue will increase residential rates to some extent as the result of the shift in cost allocation. Since this change is a result of customer feedback on how wastewater service charges are determined, this amendment to City Code may support the ability of customers to influence factors that directly impact their business. It may also support the positive business relationship between these customers, Fort Collins Utilities and City government. ENVIRONMENTAL IMPACTS This proposed Code amendment does not create an additional environmental impact in that it does not change the way water resources are used or impact the quality of wastewater discharge. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Water Board has not reviewed the change to Section 26-279 proposed in the Ordinance. However, at its May 13, 2010 meeting, the Water Board voted unanimously to recommend Council approve the 2010 Code revision. ORDINANCE NO. 093, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-279 OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW A REDUCTION FOR CALCULATED EVAPORATIVE LOSSES IN DETERMINING WASTEWATER VOLUME FOR EXISTING LARGE INDUSTRIAL PROCESSES WHEREAS, rates, fees and charges for wastewater utility service are determined as set forth in Division 4 of Article IV in Chapter 26 of the City Code; and WHEREAS, the methods for measuring and determining wastewater volume for the purpose of billing wastewater customers the applicable rates, fees and charges for wastewater service; and WHEREAS, in some circumstances the volume of wastewater discharged by wastewater customers with complex or unusual processes or plant configurations can be more accurately determined using more refined methods; and WHEREAS, on June 15, 2010, the Council adopted Ordinance No. 067, 2010, which amended Section 26-279 of the City Code so as to allow Utilities to develop and approve on a case- by-case basis methods for measuring the amount of water consumed or processed by nonresidential wastewater customers, in order to determine more accurately the volume of wastewater discharged by such customers; and WHEREAS, since the adoption of Ordinance No. 067, 2010, City staff has further evaluated additional circumstances in which large industrial customers may process water in a manner that results in substantial evaporative losses, and which, as a result, significantly reduces the volume of water returned to the City in the form of wastewater; and WHEREAS, metering such evaporative losses in existing industrial facilities can be difficult and costly except in the case of construction or reconstruction of said facilities; and WHEREAS, sufficiently reliable engineering analysis and calculations are available that can form the basis for calculating the amount of evaporative loss by which a customer’s total wastewater volume should be adjusted; and WHEREAS, City staff has proposed that Section 26-279 of the City Code be amended so as to allow Utilities to allow large industrial customers experiencing significant evaporative losses in their existing processes to provide data and analysis as the basis for a reduction in wastewater volumes for the purpose of determining Wastewater Utility service fees and charges; and WHEREAS, the City Council has determined that it is appropriate and desirable for Utilities to have the authority to employ such methods in determining wastewater discharges by large industrial wastewater customers. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 26-279(c) of the Code of the City of Fort Collins is hereby amended to read as follows: (c) The rate determination by category is as follows: . . . (4) In addition to the applicable base charge set forth in § 26-280, users in Categories D, E and F shall be billed upon the basis of metered water consumption except where they can show to the satisfaction of the Utilities Executive Director that not all of the water going through the water meter is returned to the wastewater system but is instead consumed or otherwise diverted. In such cases, and with the approval of the Utilities Executive Director, the wastewater charges may be based upon one (1) of the following methods: (a)a. a metering device of a type and installed in a manner approved by the Utilities Executive Director may be used to measure the quantity of wastewater returned to the public sewer, in which event the actual volume of wastewater discharged will be substituted in the formula for billing purposes; (b)b. a metering device of a type and installed in a manner approved by the Utilities Executive Director may be used to measure one or more specific quantities of water consumed or processed in all or specified portions of the user’s facility if the Utilities Executive Director finds that such measured water quantities form a sufficient and reliable basis for determining the quantity of wastewater returned to the public sewer, in which event the actual volume of wastewater discharged will be substituted in the formula for billing purposes; c. for evaporative loss in a specific industrial process that was in operation as of September 1, 2012, and that is served by a water meter four (4) inches in size or greater, a method for calculating the amount of evaporative loss may be used to reduce the customer’s wastewater volume from the amount that would otherwise be determined based upon water use, provided that such method must be reasonably satisfactory to the Utilities Executive Director and must be based on generally accepted methods determined to accurately and reliably predict the rate and amount of such evaporative loss; or (c)d. when the user discharges only wastes reasonably and regularly corresponding to the winter quarter water use, said winter quarter water use may be substituted in the formula for billing purposes. Any metering device used to measure wastewater shall be installed and maintained at the user's expense. . . . -2- Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- DATE: September 4, 2012 STAFF: Josh Weinberg AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 094, 2012, Designating the Schroeder House/Laurel Apartments, 121 East Laurel, Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. EXECUTIVE SUMMARY The owner of the property, Brian Beeghly, is initiating this request for Fort Collins Landmark designation for the Schroeder Residence/Laurel Apartments at 121 East Laurel Street. The property is eligible for designation as a Landmark under Designation Standards 2 and 3, for its association with significant persons and also for its architectural significance to Fort Collins. BACKGROUND / DISCUSSION The residence was the home of Frederick J. Schroeder. One of the best known sheep dealers and feeders in the Western U.S., Schroeder was a well-respected early Fort Collins citizen in both business and politics. Furthermore, as an early 1900s Foursquare Style residence, the building is an unusually detailed example of this housing type within Fort Collins. Constructed in 1902, this Foursquare Style residence exhibits many character-defining features, including its two-story, square plan, full-width front porch, hipped roof with hipped dormers, Tuscan columns on porches, boxed and dentil cornice with brackets, and overhanging eaves. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At a public hearing held on July 11, 2012, the Landmark Preservation Commission voted unanimously to recommend landmark designation of this property. ATTACHMENTS 1. Location map 2. Historic Landmark Designation Nomination Form and Agreement 3. Staff Report 4. Resolution 2, 2012, Landmark Preservation Commission, Recommending Landmark Designation of the Schroeder Residence/Laurel Apartments at 121 East Laurel Street. 5. Photos 6. Landmark Preservation Commission minutes, July 11, 2012 ATTACHMENT 1 Revised 09-2004 Page 1 Fort Collins Landmark Designation LOCATION INFORMATION: Address: 121 East Laurel Street (historically addressed as 701 Remington Street) Legal Description: PART OF LOT 2, BLOCK 127, IN THE CITY OF FORT COLLINS, COLORADO, CONTAINED WITHIN BOUNDARY LINES BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, AND RUNNING THENCE WEST 84 FEET ALONG THE NORTH LINE OF SAID LOT, THENCE SOUTH 58 FEET PARALLEL TO THE EAST LINE OF SAID LOT, THENCE EAST 84 FEET PARALLEL TO THE NORTH LINE OF SAID LOT, AND THENCE NORTH 58 FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. Property Name (historic and/or common): Schroeder House/Laurel Apartments OWNER INFORMATION: Name: Beeghly Historic Properties LLC Phone: (720) 771-9005 Email: Mailing Address: 2221 Bluff Street, Boulder, CO 80304 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: Josh Weinberg, Historic Preservation Planner and Hanna Eckroth, Preservation Planning Intern Address: City of Fort Collins Historic Preservation Office Community Development & Neighborhood Services Department P.O. Box 580, Fort Collins, CO 80522 Phone: 970-221-6206 Email: jweinberg@fcgov.com Relationship to Owner: None Date: July 2, 2012 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 property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property contains the historic multi-unit dwelling. 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 Schroeder House at 121 East Laurel Street is eligible for individual designation as a Fort Collins Landmark under Designation Standards 2 and 3, for its association with a significant person in Fort Collins history and for its architectural significance to Fort Collins. An early 1900s Foursquare Style residence, the building is an unusually detailed example of this housing type within Fort Collins. It also exhibits a high level of architectural integrity relative to the seven aspects of integrity: location, setting, design, materials, workmanship, association, and feeling. Constructed in 1902, this Foursquare Style residence exhibits many character-defining features, including its two- story, square plan, full-width front porch, hipped roof with hipped dormers, Tuscan columns on porches, boxed and dentillated cornice with brackets, and overhanging eaves. This housing type became popular in Colorado at the outset of the 20th Century. The residence was the home of Frederick J. Schroeder. One of the best known sheep dealers and feeders in the Western US, Schroeder was a well-respected early Fort Collins citizen in both business and politics. HISTORICAL INFORMATION Frederick J. Schroeder was born and educated in Ohio, where he trained as a butcher and a harness maker. Prior to relocating his wife and seven children to Fort Collins in 1884, Schroeder operated a grocery in Cincinnati. In 1902, he commissioned the construction of the house at 701 Remington, along with a barn, for $6,000. Until 1904, Schroeder bought and sold various butcher and grocery stores, when he became successful buying and selling livestock, feeding cattle and sheep for market, growing wool, and buying and selling other types of property. He was one of the best known sheep dealers and feeders in the Western US. He was also a member of the legal firm “Schroeder, Reinholtz, and Yule,” according to his obituary in the Fort Collins Courier on October 23, 1922. Schroeder was also the First Ward Representative in Fort Collins City Council for many years and a prominent and respected member of the community. He sold 701 Remington to a Mr. Breniman in Revised 09-2004 Page 3 August of 1920 and built a new residence near the intersection Mathews and Laurel Streets. Frederick passed away in 1922, followed by his wife Emma in 1937. The couple is buried at Grandview Cemetery in Fort Collins. Breniman never lived at 701 Remington but used it as an income property. This trend continued in the following years. Breniman is listed on two building permits for the residence: a 1932 porch remodeling and a 1945 reshingling, indicating that he may have stayed on as a contractor for the property or a silent partner. From 1922 to 1925 it served as the Alpha Psi fraternity house. Mrs. Gertrude Denver rented furnished rooms in the house from 1925 to 1929. In 1929, it became the Beta Phi Alpha House, and one of the residents listed was Dorothy Greiner, a student at CAC. Anna K. Perkins was a resident in 1931. In 1933, Ernest H. Warner, wife Esther, and daughter Jane lived at the property. He was the secretary, treasurer, and eventually manager of Harris Warner Furniture at 2645 College Avenue. In 1938, a student named Wallace Q. Anderson was listed as an occupant. In 1940, Mrs. Ernest H. Rucker, and daughter Claudine, rented rooms to college students in the building. An R. E. Atkinson filed a permit to remodel the building in 1947. Elwood and Edith Sheppard lived there from 1948 to 1949. In 1950, Russel H. Jourdan, Assistant Professor of Veterinary Medicine at Colorado A&M, and his wife Robin lived at the house. Mrs. Helen H. Rigden, widow of John R. Ridgen, occupied the house from at least 1952 until 1959. The house was listed as vacant in 1960 until Harry R. and Minnie Collman began living there in 1963. Various students lived there from 1966 until 1977. In 1980, the address was changed to 121 E Laurel Street and the building renamed the Laurel Apartments. The building continues to serve as a rental property. ARCHITECTURAL INFORMATION Construction Date: 1902 (Larimer County Assessor’s Records) Architect/Builder: Unknown Building Materials: Wood frame, lapped board siding Architectural Style: Foursquare Description: This elaborately detailed Foursquare Style residence is a square plan, two story, wood frame building with a composition shingle, hipped roof. Roof features include medium pitch, overhanging eaves with brackets, dentil boxed cornice, and hipped dormers exhibiting fifteen-light sash windows on all four elevations. The building is constructed on a rough cut sandstone foundation and is clad in a lapped board siding exterior. The primary elevation is broken into three bays and contains a central entrance. This entrance is accessed by three steps leading to a concrete stoop, with a gabled portico supported by Tuscan columns. The single story, full-width porch on the east elevation has Tuscan columns and a dentillated entablature. The similar, but smaller, porch on the south elevation has a balustrade railing. An enclosed porch is located on the west elevation. Windows on the first level are pairs of twenty-one-over-one sash and have transom, mullions, and surrounds with a dentillated strip in the lintel. Windows on the second level are twelve-over-one sash with transom. A curved, full height window bay is located on the south side and Palladian windows are centered on the second level of the east and north facades. Two interior slope brick chimneys are located left of center on the east and south slopes. There are no associated outbuildings. The residence was built in 1902, at the height of the Foursquare’s popularity in Colorado. Typical Foursquare elements this building exhibits are its square plan, full-width front porch, multiple stories, hipped roof, Tuscan columns, brackets, dentils, and overhanging roof. The integrity of the structure is good. A main entry on the east side was replaced with a small double hung window and the main entrance was moved to the north side, but otherwise the original building is largely intact. Revised 09-2004 Page 4 REFERENCE LIST or SOURCES of INFORMATION Fort Collins Midtown Historic District Survey Colorado Historic Newspapers Collection: Fort Collins Courier, Fort Collins Weekly Courier. Fort Collins Standards, and Fort Collins Express Larimer County Public Records: Property Information Fort Collins History Connection: Building Permits, Building Records, City Directories City of Fort Collins: City Docs: Building Permits Find a Grave: Grandview Cemetery Ancestry.com City of Fort Collins Architectural Property Reconnaissance Survey Form; Eastside Neighborhood Survey Project. Recorded by Jason Marmor, 11/13/97. Survey of 701-729 Remington Street; Fort Collins, Colorado. Professor Albright, HY 500 C, Fall, 1982. Holly Wilson, Tami Canaday, Larry and Baume. McAlester, Virginia and LEE. 2006. A Field Guide to American Houses. Alfred A. Knopf, NY. 525 pages. Watrous, Ansel. 1911. History of Larimer County, Colorado. Courier Printing and Publishing Co., CO. 510 pages. 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 July 11, 2012 STAFF REPORT PROPERTY: The Schroeder House/Laurel Apartments, 121 East Laurel Street (historically addressed as 701 Remington Street) CONTACT: Karen McWilliams, Preservation Planner and Hanna Eckroth, Preservation Planning Intern APPLICANT: Brian Beeghly, Beeghly Historic Properties, LLC, Owner REQUEST: Historic Landmark Designation BACKGROUND: Brian Beeghly, the owner of the property at 121 East Laurel Street, has requested Fort Collins Landmark designation for this property. Currently known as the Laurel Apartments and known historically as the Schroeder House (and historically addressed as 701 Remington Street), this property is listed on the National Register of Historic Places and the Colorado State Register of Historic Properties, as a contributing resource in the Laurel School National Register District. STATEMENT OF SIGNIFICANCE: The historic Schroeder House/Laurel Apartments at 121 East Laurel Street is eligible for individual designation as a Fort Collins Landmark under Designation Standards 2 and 3, for its association with a significant person in Fort Collins history and for its architectural significance to Fort Collins. An early 1900s Foursquare Style residence, the building is an unusually detailed example of this housing type within Fort Collins. It also exhibits a high level of architectural integrity relative to the seven aspects of integrity: location, setting, design, materials, workmanship, association, and feeling. Constructed in 1902, this Foursquare Style residence exhibits many character-defining features, including its two-story, square plan, full-width front porch, hipped roof with hipped dormers, Tuscan columns on porches, boxed and dentillated cornice with brackets, and overhanging eaves. This housing type became popular in Colorado at the outset of the 20th Century. The residence was the home of Frederick J. Schroeder. One of the best known sheep dealers and feeders in the Western US, Schroeder was a well-respected early Fort Collins citizen in both business and politics. RELEVANT CODE PROVISIONS: Chapter 14, Article II of the Code of the City of Fort Collins provides the policies and procedures for the designation of Landmark properties in Fort Collins. Section 14-5, Standards for determining the eligibility for designation of sites, structures, objects, and districts for preservation, states, “Properties that possess exterior integrity are ATTACHMENT 3 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: (1) The property is associated with events that have made a significant contribution to the broad patterns of history; or (2) The property is associated with the lives of persons significant in history; or (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; or (4) The property has yielded, or may be likely to yield, information important in prehistory or history.” Section 14-1 of the Municipal Code, Definitions, states: “Eligibility shall mean a resource’s ability to meet one (1) or more of the standards for designation as a Fort Collins landmark, or the criteria for designation on the National and/or State Register of Historic Places. There are three (3) levels of eligibility for designation: individual, contributing to a district, and noncontributing/not eligible.” “Exterior integrity shall mean the ability of a property to convey its significance. To be designated as a landmark, a property must not only be shown to be significant, but also must have exterior integrity. The degree of integrity required for landmark status is relative to a property’s significance. Exterior integrity is the composite of seven (7) aspects or qualities, which in various combinations define integrity: location, design, setting, materials, workmanship, feeling, and association. The more qualities present in a property, the higher its integrity. Ultimately the question of exterior integrity is answered by whether or not the property retains the identity for which it is significant. Location is the place where the historic property was constructed or the place where the historic event occurred. Design is the combination of elements that create the form, plan space, structure, and style of a property. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. Materials are the physical elements that form a historic property. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans’ labor and skill in constructing or altering a building, structure, or site. Feeling is a property’s expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property’s historic character. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character.” STAFF ANALYSIS: Upon reviewing the application for Landmark designation, staff believes that the historic Schroeder House/Laurel Apartments, at 121 East Laurel Street, is eligible for individual designation as a Fort Collins Landmark, under both Designation Standard 2, for its association with Frederick J. Schroeder, a significant person in Fort Collins history; and under Designation Standard 3, for its architecture. Furthermore, the property retains a high preponderance of historic integrity to convey its significance. COMMISSION ACTION: If the Commission finds that the application for Landmark designation for the Schroeder House/Laurel Apartments, 121 East Laurel Street, meets the standards for Landmark Designation, then the Commission shall make a recommendation to Council to this effect in accordance with Section 14-26 of the Code of the City of Fort Collins. ATTACHMENTS: 1. Application for Individual Landmark Designation of 121 East Laurel Street, the Schroeder House/Laurel Apartments 2. Signed consent form 3. Photographs of the property ATTACHMENT 4 North Elevation East Elevation ATTACHMENT 5 North and West Elevations West Elevation South Elevation Landmark Preservation Commission Meeting Minutes – July 11, 2012: LANDMARK DESIGNATION – HEARING AND RECOMMENDATION: 121 EAST LAUREL STREET/701 REMINGTON STREET, THE SCHROEDER HOUSE/LAUREL APARTMENTS – BEEGHLY HISTORIC PROPERTIES, LLC STAFF REPORT: The 1902 property was historically addressed as 701 Remington Street and it is listed on the National Register of Historic Places and the Colorado State Register of Historic Properties as a contributing resource of the Laurel School National Registered District. Staff believes the property is eligible for individual designation as a Fort Collins Landmark for its association with a significant person in Fort Collins history and for its architecture. The property has significant historic integrity and Staff welcomes the designation as a historic project. Staff offered assistance with financial incentives to encourage further good work on the property. APPLICANT COMMENTS: Brian Beeghly purchased the property in December 2010 because it was in a deteriorated condition and he wanted to restore it. In 2011, he rehabilitated the exterior with paint and a new roof. PUBLIC COMMENTS: None DISCUSSION: Mr. Albright wanted clarification of the Land Use Code for preservation for National and State registers. Ms. McWilliams said while some communities allow for automatic local landmark status if they have National and sometimes even State landmark status already; Fort Collins does not. This may be an item to revisit during code revisions. Mr. Frick noticed the west and north elevation photograph shows there was a door over the porch. Both the main and side entries have always been there per Staff. Motion: Mr. Ernest moved the Landmark Preservation Commission find that application for Landmark Designation for the Schroeder House/Laurel Apartments, 121 East Laurel Street, meets the standards for Landmark designation and recommends to the Council to that effect in accordance with Section 14-26 of the Code of the City of Fort Collins. Mr. Albright seconded. All approved, motion passed: (5-0). Motion: Mr. Ernest moved to amend the address to 121 East Laurel Street, historically addressed as 701 Remington Street. Mr. Albright seconded. All approved, motion passed: (5-0). ATTACHMENT 6 ORDINANCE NO. 094, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE SCHROEDER HOUSE/LAUREL APARTMENTS, 121 EAST LAUREL STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-2, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of landmarks within the City; and WHEREAS, by Resolution dated July 11, 2012, the Landmark Preservation Commission (the "Commission") has determined that the Schroeder House/Laurel Apartments has significance to Fort Collins under Landmark Designation Standard (2) for its association with Frederick J. Schroeder; and Designation Standard (3), as excellent examples of the Foursquare Style residential architecture in Fort Collins, with a high level of physical integrity; and WHEREAS, the Commission has further determined that said property meets the criteria of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a landmark, and has recommended to the City Council that said property be designated by the City Council as a landmark; and WHEREAS, the owner of the property, Brian Beeghly, has consented to such landmark designation; and WHEREAS, such landmark designation will preserve the property'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 property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the property known as the Schroeder House/Laurel Apartments, and the adjacent lands upon which the historical resources are located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: PART OF LOT 2, BLOCK 127, IN THE CITY OF FORT COLLINS, COLORADO, CONTAINED WITHIN BOUNDARY LINES BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2, AND RUNNING THENCE WEST 84 FEET ALONG THE NORTH LINE OF SAID LOT, THENCE SOUTH 58 FEET PARALLEL TO THE EAST LINE OF SAID LOT, THENCE EAST 84 FEET PARALLEL TO THE NORTH LINE OF SAID LOT, AND THENCE NORTH 58 FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. be designated as a Fort Collins Landmark in accordance with City Code Chapter l4. Section 2. That the criteria in City Code Section 14-48 will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the above described property will be reviewed for compliance with City Code Chapter 14, Article III. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT Items Relating to the Forney Annexation and Zoning. A. Resolution 2012-083 Setting Forth Findings of Fact and Determinations Regarding the Forney Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney Annexation. C. Hearing and First Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Forney Annexation. EXECUTIVE SUMMARY As the Owner and Applicant, Forney Industries has submitted a written petition requesting the annexation of 23.16 acres located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road. The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s I – Industrial Zoning District. The requested zoning for this annexation is the T - Transition. The Transition District is intended for properties for which there are no specific and immediate plans for development. The only permitted uses are those existing at the date the property was placed into this District and no new development is allowed in the Transition district. Forney Industries has indicated that it has no intent to further develop at this time. The surrounding properties are currently zoned Low Density Mixed-Use Neighborhood (LMN) in the City to the east and west; Neighborhood Conservation, Low Density (NCL) in the City to the south and zoned I – Industrial in Larimer County to the north. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for property owned by Forney Industries and located within the Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The annexation gains the required 1/6 contiguity to existing City limits from a common boundary with the east parcel line of the Schmidtberger Subdivision (Canfield Annexation, 1975) and Lilac Apartments Subdivision (Springer Farm First Annexation, 1972) to the west. The annexation also shares an additional common boundary with existing City limits to the east, with the Leeper Subdivision (Radio City Annexation, 1957), thus further satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. Recommendation of Transition (T) Zone District The City’s Structure Plan designates the subject parcels to be placed in the Limited Commercial (CL) and Low Density Mixed Use Neighborhood (LMN) District. These zone district designations were not cleanly determined along property lines, but delineated by where existing commercial activity stopped, mid-parcel. The intent of LMN portion to the north was to ensure that if future development is compatible with the integrity and density of existing neighborhoods to the north and to provide a “buffer” between the existing neighborhood to the north and the CL zoning (Forney Industries) to the south. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. September 4, 2012 -2- ITEM 21 However, conditions on the ground have evolved from the time of the initial Structure Plan and Northwest Subarea Plan designation. Recently, the City acquired the adjacent property to the north and northwest to be used as regional detention and outfall for the West Vine basin. Additionally, Utilities Master Plan and Floodplain Administration Division is currently conducting an analysis regarding the property to the northeast, determining if the property should be acquired for regional detention as well. This adjacent, City-owned property will only be used as detention and will not be developed, thus creating a new “buffer” for the neighborhood to the north. Due to the recent City acquisition of parcels to the north, the requested zoning of the Forney Annexation is T- Transition. Zoning parcels Transition initially at time of annexation is not unprecedented; in November 1997, the 435 acre Timberline Annexation was placed into the Transition zone district and remained zoned as such until 2001, when it was rezoned in anticipation of the Johnson Property Overall Development Plan. Initially placing the Forney Annexation in the Transition zone district will allow time to re-evaluate the appropriateness of the LMN/CL zoning split vis-à-vis current conditions on the ground. Findings 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area. 3. On July 17, 2012, the City Council Resolution 2012-052 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 3. The requested T, Transition Zoning District is in conformance with the policies of the City's Comprehensive Plan. 4. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19, 2012 and unanimously recommended approval of the annexation. Additionally, the Board unanimously recommended that the property be placed in the Transition Zone District. The minutes from the July 19, 2012 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A public hearing notification letter was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. September 4, 2012 -3- ITEM 21 ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map 4. Planning and Zoning Board minutes, July 19, 2012 POL NCL RL UE LMN LMN LMN LMN LMN LMN LMN PUTNAM ELEMENTARY LINCOLN MIDDLE SCLIHNOCOOLLN MIDDLE SCHOOL OAKWOOD SCHOOL CITY PARK GRANDVIEW PARK CITY PARK NINE GOLF COURSE Larimer County Canal #2 New Mercer Canal City Park Lake W VINE DR LAPORTE AVE N TAFT HILL RD W MOUNTAIN AVE W OAK ST MAPLE ST LYONS ST S TAFT HILL RD ELM ST CHERRY ST N BRYAN AVE N FREY AVE FREY AVE SHELDON DR GRANDVIEW AVE RICHARDS PL N MCKINLEY AVE COLLINS CT LYONS ST LYONS ST Forney Annexation 1 inch = 600 feet ± Parcels to be Annexed ATTACHMENT 1 PUTNAM ELEMENTARY OAKWOOD SCHOOL LINCOLN MIDDLE SCHOOL CITY PARK GRANDVIEW PARK CITY PARK NINE GOLF COURSE Larimer County Canal #2 New Mercer Canal New Mercer Canal POL NCL RL LMN LMN LMN LMN LMN UE W VINE DR LAPORTE AVE N TAFT HILL RD W MOUNTAIN AVE W OAK ST MAPLE ST LYONS ST S TAFT HILL RD ELM ST CHERRY ST N BRYAN AVE N FREY AVE CLOVER LN GRANDVIEW AVE RICHARDS PL COLLINS CT LYONS ST Forney Annexation 1 inch = ± 600 feet Site City of Fort Collins Zoning Map Legend WaterBodies City Zoning ZONE NCM Limited Commercial Service Commercial Employment Low Density Mixed-Use Neighborhood Neighborhood Conservation Buffer Neighborhood Conservation Low Density Public Open Lands River Conservation Urban Estate ATTACHMENT 2 Overland Trail Willox CSU © Forney Structure Annexation Plan Map Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) Parcels to be Annexed 1 inch = 0.3 miles LaPorte Ave. Taft Hill Road ATTACHMENT 3 RESOLUTION 2012-083 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FORNEY ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Forney Annexation; and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the City Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the City Council concludes that the area proposed to be annexed in the Forney Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 095, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FORNEY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-052, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A parcel of land located in the Northwest Quarter of Section 10, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Commencing at the Center Quarter Corner of Section 10 and assuming the South line of the Northwest Quarter of Section 10 to bear North 89°14'44" West, with all other bearings herein relative thereto; Thence North 89°14'44" West, 1108.58 feet to the POINT OF BEGINNING; thence, North 89°14'44" West, 216.43 feet; thence, North 00°38'55" East, 435.71 feet; thence, North 89°14'49" West, 330.72 feet; thence, North 00°42'46" East, 656.12 feet; thence, South 89°24'33" East, 1320.17 feet; thence, South 00°23'46" West, 377.97 feet; thence, North 89°14'44" West, 285.00 feet; thence, South 00°23'46" West, 472.81 feet; thence, North 87°54'20" West, 249.40 feet; thence, South 07°37'19" East, 72.44 feet; thence, North 89°14'44" West, 86.39 feet; thence, North 00°23'46" East, 21.00 feet; thence, North 89°14'44" West, 83.00 feet; thence, South 00°23'46" West, 50.00 feet; thence, North 89°14'37" West, 85.00 feet; thence, South 00°23'46" West, 150.00 feet to the POINT OF BEGINNING. Said parcel of land contains 22.820 acres, more or less. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Forney Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 096, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE FORNEY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Forney Annexation to the City of Fort Collins, Colorado, in the Transition (“T”) Zone District, which property is more particularly described as: A parcel of land located in the Northwest Quarter of Section 10, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Commencing at the Center Quarter Corner of Section 10 and assuming the South line of the Northwest Quarter of Section 10 to bear North 89°14'44" West, with all other bearings herein relative thereto; Thence North 89°14'44" West, 1108.58 feet to the POINT OF BEGINNING; thence, North 89°14'44" West, 216.43 feet; thence, North 00°38'55" East, 435.71 feet; thence, North 89°14'49" West, 330.72 feet; thence, North 00°42'46" East, 656.12 feet; thence, South 89°24'33" East, 1320.17 feet; thence, South 00°23'46" West, 377.97 feet; thence, North 89°14'44" West, 285.00 feet; thence, South 00°23'46" West, 472.81 feet; thence, North 87°54'20" West, 249.40 feet; thence, South 07°37'19" East, 72.44 feet; thence, North 89°14'44" West, 86.39 feet; thence, North 00°23'46" East, 21.00 feet; thence, North 89°14'44" West, 83.00 feet; thence, South 00°23'46" West, 50.00 feet; thence, North 89°14'37" West, 85.00 feet; thence, South 00°23'46" West, 150.00 feet to the POINT OF BEGINNING. Said parcel of land contains 22.820 acres, more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Helen Matson Jon Haukaas AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT First Reading of Ordinance No. 097, 2012, Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility Property to Coby S. Hughey and Linda C. Hughey. EXECUTIVE SUMMARY In 1992, the final plat of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins for the purpose of a detention basin. After the dedication, the developer certified to the City that he could meet the required stormwater detention volumes without excavating and grading the western most portion of Tract A (the portion adjacent to 1700 Westview Road.) Due to the City’s change of use for this portion of Tract A, the adjacent property owners, Coby and Linda Hughey, have expressed an interest to obtain the portion of Tract A that abuts their property at 1700 Westview Road. BACKGROUND / DISCUSSION The City’s Stormwater Utility assumed maintenance of Tract A after the developer had minimized the on-site detention area. The City mowed the new and existing detention basin from the east end of Tract A to a row of elm trees that run north to south approximately on the property line between 1700 Westview and 1706 Westview. It was assumed that the trees depicted the westerly property line of Tract A. At that time, the homeowner at 1700 Westview was mowing and maintaining the western most part of Tract A as if it belonged to 1700 Westview. The City did not question the property lines since the detention basin was well defined and the certification was submitted for engineering volume and storage capacity. The westernmost section is also at a higher grade than the remainder of Tract A. This assumption went on from mid-1990 to the summer of 2011, when the property at 1700 Westview was sold to new owners (the Hugheys). The Hugheys reviewed their survey and noted that the property behind their home was actually the westernmost portion of Tract A and belonged to the City of Fort Collins. The Hugheys contacted the Stormwater Utility and requested that the City either take over maintenance responsibilities of the property or consider selling this portion of Tract A to them. Since the access to this portion of the tract was extremely limited for maintenance equipment, this portion of Tract A does not have public access and the area is not needed for drainage purposes, staff agreed to process the Hugheys’ request through City Council. The portion of Tract A proposed to be conveyed to the Hugheys conveys .44 acres and the eastern boundary matches the property line between 1700 and 1706 Westview. The conveyance document will include a deed restriction that the land being conveyed to the Hugheys is non-buildable. FINANCIAL / ECONOMIC IMPACTS The Hugheys have agreed to compensate the City $6,750 for the purchase of the property. The value of the subject property is a non-buildable value of $.30/SF. The Hugheys’ use of this property will continue to be landscaping and they will continue to be responsible for all maintenance. ENVIRONMENTAL IMPACTS Staff has not identified any environmental impacts for this proposed conveyance since the subject property is outside of the City’s Floodway (100-year floodplain). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. September 4, 2012 -2- ITEM 22 BOARD / COMMISSION RECOMMENDATION At its August 16, 2012 meeting, the Water Board voted to recommend approval of the conveyance of a portion of Tract A to Coby S. Hughey and Linda C. Hughey. ATTACHMENTS 1. Location Map 2. Water Board minutes, August 16, 2012 Attachment 2 Excerpt from Unapproved Water Board Minutes, August 16, 2012 First Reading of Ordinance No. XX, 2012 Authorizing the Conveyance of a Portion of a Tract of Stormwater Utility Property to Coby and Linda Hughey (Attachments available upon request). Real Estate Services Manager Helen Matson introduced the item. In 1992, the developer of Pheasant Ridge Estates dedicated Tract A to the City of Fort Collins for the purpose of a detention basin. After the dedication, the developer certified to the City that he could meet the required stormwater detention volumes without excavating and grading the western portion of Tract A, adjacent to 1700 Westview Road (the Hughey’s property). After the Hugheys purchased the property and reviewed their survey, they noted the property was actually the western most portion of Tract A and belonged to the City of Fort Collins. They contacted Stormwater Utility and requested the City either take over maintenance of the property or consider selling this portion of Tract A to them. Since the area is not needed for drainage purposes, staff agrees to process the request through City Council. Highlights from the discussion: The Hugheys will pay $6,750 for the property, including a fee to Real Estate Services. A board member questioned how much it would cost the City to maintain the property. Ms. Matson did not have this information. The City maintains the balance of Tract A. The parcel to the west is privately owned and is not part of the subdivision that includes 1700 Westview. The Hugheys are considering planting some trees in the area and perhaps installing a sprinkler system. A board member expressed concern that detention ponds can be undersized. Is the area appropriately sized for what is developed? Ms. Matson stated that the City has certified this area as appropriately sized. Discussion on the motion: A board member feels that in the long run, there may be a benefit to selling the property to avoid the maintenance costs. A board member questioned if the City can be enforced to maintain the property. Ms. Hughey stated that if they cannot purchase the property, they will request the City maintain it. Vote on the motion: It passed unanimously. Vice Chairperson Malers moved that the Water Board support staff’s recommendation to authorize the conveyance of a portion of a tract of stormwater utility property to Coby S. and Linda C. Hughey. Board Member Phelan seconded the motion. ORDINANCE NO. 097, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT OF STORMWATER UTILITY PROPERTY TO COBY S. HUGHEY AND LINDA C. HUGHEY WHEREAS, the City is the owner of Tract A, Pheasant Ridge Estates (“Tract A”); and WHEREAS, Tract A was dedicated to the City in 1992 on the plat of Pheasant Ridge Estates as a storm drainage and utility tract for a detention basin; and WHEREAS, after the dedication of Tract A, the developer certified to the City that required storm water detention volumes could be met without the use of the westernmost portion of Tract A, as described on Exhibit “A”, attached and incorporated herein by reference (the “Property”); and WHEREAS, when the City took over the maintenance of Tract A from the developer, City staff and the homeowner adjacent to the Property assumed that Tract A ended at a row of trees, where the elevation climbs by approximately six feet, and that the Property was not part of Tract A; and WHEREAS, for this reason, the Property has historically been maintained by the owners of the adjacent property, and not by the City; and WHEREAS, since the area’s detention volumes are met in the existing detention basin, the City does not have a need for the Property; and WHEREAS, Coby S. Hughey and Linda C. Hughey (“Hugheys”), the new owners of the adjacent residential property, have requested that the City convey the Property to them for landscaping purposes; and WHEREAS, City staff has not identified any negative impacts to the City or the Stormwater Utility system resulting from the conveyance of the Property; and WHEREAS, although the statutory provisions that provide for establishing the disposition of dedicated rights-of-way upon vacation do not apply in this instance, the proposed conveyance is consistent with the principle embodied in that statute of returning previously dedicated land to the adjacent parcel from which it was originally dedicated; and WHEREAS, the Property would be conveyed to the Hugheys with a deed restriction that the property will be non-developable, which minimizes the value of the property, and the Hugheys have agreed to pay the City $6,750 for the Property; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, with respect to real property that is part of the City’s utility system, Section 23-111(b) of the City Code requires that the City Council must also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Property to the Hugheys as provided herein will not materially impair the viability of the affected utility system as a whole, will be for the benefit of the citizens of the City, and is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property to Coby S. Hughey and Linda C. Hughey, on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size or change the character of the Property. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk DATE: September 4, 2012 STAFF: Josh Birks Bruce Hendee AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT Public Hearing and Resolution 2012-084 Approving the Foothills Metropolitan District Service Plan. EXECUTIVE SUMMARY The new owner of Foothills Mall, Alberta Development, in partnership with Walton Street Capital, proposes the formation of a Metropolitan District as allowed by Title 32 of the Colorado Revised Statutes. The intent of the proposed Foothills Mall Metropolitan District (the “District”) is to provide Public Improvements to the comprehensive redevelopment of Foothills Mall. The primary purpose of the District will be to finance, construct, acquire, own, operate and maintain those Public Improvements. This action establishes a preliminary framework Service Plan. This framework limits the authorization of the District and is specifically intended to allow ballot questions related to the formation and initial organization of the District to occur at the November election. BACKGROUND / DISCUSSION BOTTOM LINE The action contemplated by the City Council on September 4 approves a preliminary framework for the District. This framework limits the authorization of the District and is specifically intended to allow ballot questions related to the formation and initial organization of the District to occur at the November election. The Service Plan will be amended before any improvements are constructed, mill levies established or debt issued by the District. Project Description Alberta Development, in partnership with Walton Street Capital, intends to undertake a comprehensive redevelopment of the Foothills Mall (the “Project”). The property, generally bounded by East Swallow Road on the north, East Monroe Drive on the south, Stanford Road on the east and South College Avenue on the west, encompasses approximately 77.21 acres, currently occupied by approximately 800,000 square feet of retail development. The vision for the redeveloped Foothills Mall includes a “vibrant, engaging destination for residents of one the most forward-looking and entrepreneurial communities in the country, drawing families…who are seeking a modern shopping, dining and gathering experience.” What is a Metropolitan District? Title 32 of Colorado Revised Statues allows for the formation of a variety of Special Districts, including a Metropolitan District as proposed for Foothills Mall. Special Districts in Colorado are local governments, i.e., political subdivisions of the state, which make up a third level of government in the United States. (the federal and state governments are the other two levels) Local governments include counties, municipalities (cities and towns), school districts, and other types of government entities such as "authorities" and "special districts." Statute requires that a Metropolitan District develop a service plan that outlines the Public Improvements and services that the district will provide. The service plan must be submitted to the City Council for approval. After City Council approval, the district holds an organizing election. The organizing election may only occur at several times throughout the year; however, the TABOR required election must occur at either a state general election (November) or a regular election (May). City Metropolitan District Policy On July 15, 2008, City Council adopted Resolution 2008-069, approving a Policy for Reviewing Proposed Service Plans for Title 32 Metropolitan Districts, (the “City Policy”) setting forth criteria to be considered when a service plan is submitted for consideration (Attachment 2). As the City Policy states, it is “intended as a guide only…[and shall not] be construed to limit the discretion of City Council.” Therefore, City Council can, at its discretion, approve a service plan that serves a purpose not anticipated by the City Policy. September 4, 2012 -2- ITEM 23 The Developer has submitted a Service Plan for Foothills Metropolitan District (the “Service Plan”). The Service Plan provides a preliminary framework and limited authorization under which the District is authorized to proceed with an organizational election. The sole intent of the action City Council will consider on September 4, 2012, relates to the formation of the District. The District will have two years from approval of the Service Plan by City Council to prepare and obtain a Service Plan Amendment. If the District does not successfully obtain a Service Plan Amendment, the City may opt to compel the District to dissolve by the remedies available to it under Section 31-1-701(3) C.R.S. The City Policy contains several key criteria for evaluating service plans. It is important to note that this Service Plan is a preliminary framework only; as a result, the current proposal does not conform to all the criteria outlined in the City Policy. Since the District does not comply, it has been severely limited, as noted in the next section, until City Council approves a Service Plan Amendment. Nevertheless, the criteria are outlined with a discussion of the proposed District’s conformance, where applicable, based on the Project vision: • Provide public improvements resulting in enhanced benefits to existing or future businesses. A comprehensive Foothills Mall redevelopment will reinvigorate the larger Midtown area by attracting additional consumers. This benefit will likely accrue benefit to adjacent properties and retailers. The District will provide Public Improvements necessary to realize the Project. • Primarily commercial use. The Project is anticipated to include primarily commercial development with some residential development (likely rental). • Enhance the quality of development in the City. As indicated in the Project vision, the goal is a vibrant and engaging destination that will likely help enhance the quality of Midtown area retail offerings. • Max Mill Levy. The current Service Plan does not authorize a mill levy. Any mill levy will require a Service Plan Amendment that City Council will consider and ultimately approve or deny. • Debt and Financial Projections. The current Service Plan does not authorize any debt nor does it include financial projections. As with the mill levy, the City Council must approve a Service Plan Amendment before the District can issue debt. • Multiple-District Structures. The current Service Plan does not contemplate a multiple-district structure. City Council will have an opportunity to review the final structure when it reviews a Service Plan Amendment. City staff will prepare a full analysis of a Service Plan Amendment for conformance with the City Policy and present findings to City Council. City Council has no obligation to approve a Service Plan Amendment. District Limitations: Following approval and continuing until a Service Plan Amendment is approved by City Council, the District will be limited to the following: • It shall not undertake any activity except minimal administrative or ministerial activities required by State law to maintain the district. • It shall not levy any tax or impose any fee. • It shall not construct any Public Improvements; and • It shall not incur any debt. The approval of the current form of the Service Plan does not obligate the City Council to approve the Service Plan Amendment or any zoning, subdivision, planning, building permit or other land use matter for the owner of the real property within the District. FINANCIAL / ECONOMIC IMPACTS Due to the preliminary nature of this Service Plan, it is difficult to evaluate the financial/economic impacts of the Resolution. However, statutory changes made in the 1990s removed any liability from the municipality in which a Metropolitan District is formed and operates. September 4, 2012 -3- ITEM 23 ENVIRONMENTAL IMPACTS Due to the preliminary nature of the Service Plan, it is difficult to evaluate the environmental impacts of the resolution. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION Due to time constraints this item was not presented to any boards or commissions. PUBLIC OUTREACH No public outreach was conducted for this Service Plan. Public notice of the Service Plan was provided consistent with Colorado Revised Statutes. ATTACHMENTS 1. Location map 2. Policy for Reviewing Proposed Service Plans for Title 32 Metropolitan Districts Book No: Drawn by: Reviewed: Date: Project No: FOOTHILLS METROPOLITAN DISTRICT VICINITY MAP FORT COLLINS, COLORADO 3 OF 3 ATTACHMENT 1 ATTACHMENT 2 RESOLUTION 2012-084 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FOOTHILLS METROPOLITAN DISTRICT SERVICE PLAN WHEREAS, the provisions of Title 32 of the Colorado Revised Statutes (“C.R.S.”) allow for the formation of various kinds of governmental entities to finance and operate public services and infrastructure; and WHEREAS, on July15, 2008, the City Council adopted Resolution 2008-069 creating a Policy for Reviewing Proposed Service Plans for Title 32 Metropolitan Districts (the “City Policy”) setting forth criteria to be considered when a service plan is submitted for consideration; and WHEREAS, Alberta Development Company in partnership with Walton Street Capital have submitted a proposed Service Plan (the “Service Plan”) for Foothills Metropolitan District (the “District”), the boundaries of which are wholly within the corporate limits of the City; and WHEREAS, the Service Plan outlines the initial terms and conditions under which the District will be authorized to exist; and WHEREAS, the Service Plan limits the powers and authorized actions of the District to steps required for the formation of the District, and conditions the financing, acquisition, construction and installation of public improvements by the District, as well as the issuance of debt by the District, upon the approval by the City Council, in its sole discretion, of a Service Plan Amendment detailing the financial plans and plan of improvements for the District (the “Service Plan Amendment”); and WHEREAS, the City Council held a public hearing on September 4, 2012, regarding the Service Plan pursuant to notice of the public hearing published in the Fort Collins Coloradoan on August 11, 2012, mailed to all owners of property within the proposed District service area on August 14, 2012, and mailed to the governing body of all taxing entities within a three mile radius on August 15, 2012; and WHEREAS, the City Council has reviewed the Service Plan and considered the testimony and evidence presented at the public hearing; and WHEREAS, the Special District Act requires that any service plan submitted to the District Court for the creation of a special district must first be approved by resolution of the governing body of the municipality within which the proposed district lies; and WHEREAS, the City Council wishes to approve the Service Plan for the District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, AS FOLLOWS: Section 1. That the City Council hereby determines that the City’s notification requirements have been complied with regarding the public hearing on the Service Plan. Section 2. That the City Council hereby finds that the Service Plan contains, or sufficiently provides for, the items described in Section 32-1-202(2), C.R.S., and that: a. There is sufficient existing and projected need for organized service in the area to be serviced by the District; b. The existing service in the area to be served by the District is inadequate for present and projected needs; c. The District is capable of providing economical and sufficient service to the area within the proposed boundaries; and d. The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Section 3. That the City Council’s findings are based solely upon the evidence in the Service Plan as presented at the public hearing and the City has not conducted any independent investigation of the evidence. The City makes no guarantee as to the financial viability of the District or the achievability of the desired results. Section 4. That the City Council hereby approves the Foothills Metropolitan District Service Plan, attached hereto as Exhibit “A” and incorporated herein by this reference. Section 5. That the financing, acquisition, construction and installation of public improvements by the District, as well as the issuance of debt by the District, shall be contingent upon the approval by the City Council, in its sole discretion, of a Service Plan Amendment detailing the financial plans and plan of improvements for the District as a condition of financing or constructing any improvements under the Service Plan, and containing such other limitations, terms and conditions as may be determined by the Council, in its sole discretion, to be necessary or appropriate to protect the interests of the City and property owners within the District Service Area. Section 6. That the City Council’s approval of the Service Plan is not a waiver or a limitation upon any power that the City Council is legally permitted to exercise with respect to the property within the District. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk RVICE PLAN FOOTHILLS METROPOLITAN DISTRICT City of Fort Collins, Colorado by: White, Bear & Ankele Professional Corporation 2154 E. Commons Avenue, Suite 2000 Centennial, Colorado 80122 August 10, 2012 SE FOR Prepared 0600:458451_13 EXHIBIT A TABLE OF CONTENTS I. IN ........................ 1 A. ........................ 1 B. ......................... 1 ......................... 1 2 .... 2 ......................... 4 IV. PR .................. 5 V. DE RI ERVICES....... 5 A. .................. 5 .................. 5 .................. 5 3 ......................... 5 ......................... 6 6 ........................ 6 ........................ 6 8. Service Plan Amendment Requirement...................................................... 6 ..................... 7 VI. FI ........................ 7 ........................ 7 B. Elections.................................................................................................................. 7 ......................... 7 7 ..................... 7 VIII. DISSOLUTION.................................................................................................................. 8 IX. MATERIAL MODIFICATIONS ....................................................................................... 8 XI. CONCLUSION................................................................................................................... 9 XII. RESOLUTION OF APPROVAL ....................................................................................... 9 TRODUCTION ...................................................................................... General Overview. .......................................................................... Purpose and Intent.......................................................................... C. Need for the District....................................................................... D. Objective of the City Regarding District’s Service Plan. ....................................... II. DEFINITIONS................................................................................................................ III. BOUNDARIES.......................................................................................... OPOSED LAND USE AND ASSESSED VALUATION........................... SC PTION OF PROPOSED POWERS, IMPROVEMENTS AND S Powers of the District and Service Plan Amendment........................... 1. Operations and Maintenance..................................................... 2 . Development Standards. ..................................................... ...... . Privately Placed Debt Limitation....................................... 4. Maximum Debt Authorization........................................... 5. Monies from Other Governmental Sources. ............................................... 6. Consolidation Limitation. ................................................... 7. Eminent Domain Limitation. .............................................. B. Infrastructure Preliminary Development Plan. .................................. NANCIAL PLAN.................................................................................... A. General............................................................................................ VII. ANNUAL REPORT .................................................................................. A. General.................................................................................................................... B. Reporting of Significant Events......................................................... i ii LIST OF EXHIBITS ion of District Boundary t Boundary Map EXHIBIT C Vicinity Map EXHIBIT A Legal Descript EXHIBIT B Distric I. INTRODUCTION A. General Overview. The District is located completely within the City and is comprise includes the existing Foothills Mall. The general location of the District is b Swallow Road on the north, East Monroe Drive on the south, Stanford Road South College Avenue on the west. The District is bisected by East Foothills Pa to changing market demands and maintain the Foothills Mall as a co development, the Developer plans a comp d of an area that ounded by East on the east and rkway. To adapt mpetitive retail rehensive redevelopment of the site, which will include new commercial, retail, and residential development. In order to provide effective and efficient bmitted seeking ed authorization tion. Following until a Service take any activity to maintain the e generality of the foregoing, the District shall not levy any tax, impose any fee, construct any Public Debt until the Service Plan Amendment is approved. The approval of this Se lan Amendment or the owners of services to support this planned redevelopment, this Service Plan is su authorization for the establishment of the District. This Service Plan provides a preliminary framework and limit under which the District is authorized to proceed with an Organizational Elec entry of court orders formally decreeing the District organized, and continuing Plan Amendment is approved by the City Council, the District shall not under except minimal administrative or ministerial activities required by State law District as a lawfully existing political subdivision of the State. Without limiting th Improvements or incur any rvice Plan does not obligate the City Council to approve the Service P or any zoning, subdivision, planning, building permit or other land use matter f the real property within the District. B. Purpose and Intent. The District, which shall be an independent unit of local governm distinct from the City, is governed by this Service Plan. The District is needed t Improvements to the Project for the benefit of property owners and taxpayers wi and through its formation, will result in enhanced benefits to existing and future and/or residents of the City. The primary purposes of the District will be to fi acquire, own, operate and main ent separate and o provide Public thin the District, business owners nance, construct, tain the Public Improvements. This Service Plan is submitted in accordance with Part 2 of the Special District the District and rovided in this ithin the Project evolves. As plans for development are refined and finalized, the same shall be included as part of an Approved Development Plan. C. Need for the District. Act, Section 32-1-201, et seq., C.R.S. It defines the powers and authorities of describes the limitations and restrictions placed thereon. The information p order for the Public Improvements required for the Project to be provided in the most economic D. manner possible. Objective of the City Regarding District’s Service Plan. The City’s objective in approving the Service Plan for the Distri the District to provide for the planning, design, acquisition, construction, instal and redevelopment of the Public Improvements from the proceeds of Debt to District. A Financial Plan, which describes the Debt anticipated to be issued by be submitted to the City as part of the Service Plan Amendment, as shall Preliminary Development Plan. Th ct is to authorize lation, relocation be issued by the the District, shall an Infrastructure e City shall, under no circumstances, be responsible for the Debts of the District and the City’s approval of th bt of the District This Service Plan is intended to establish limitations applicable to the District and onstraints that are not to be violated under any circumstances. The primary pur ect and regional II. is Service Plan shall in no way be interpreted as an agreement, whether tacit or otherwise, to be financially responsible for the De or the construction of Public Improvements. explicit financial c pose is to provide for the Public Improvements associated with the Proj improvements as necessary. DEFINITIONS In this Service Plan, the following terms which appear in a capitalized fo have the meanings indicated below, unless the context hereof clearly requires otherw rmat herein shall ise: Approved Development Plan: means a development plan or other process established by the City (including but not lim development of ity Code and as ited to approval of a final plat or PUD by the City Council) for identifying, among other things, Public Improvements necessary for facilitating property within the Service Area as approved by the City pursuant to the C amended pursuant to the City Code from time to time. Board: means the Board of Directors of the District. Bond, Bonds, or Debt: means bonds or other financial obligations for w has promised to impose an ad valorem property tax mill levy and/or other legally available hich the District rev ental agreements and other con erty. enue, for payment, but shall specifically exclude intergovernm tracts through which a District procures or provides services or tangible prop City: means the City of Fort Collins, Colorado. City Code: means the Code of the City of Fort Collins and any regulations, rules, or policies promulgated thereunder, as the same may be amended from time to time. City Council: means the City Council of the City of Fort Collins, Colorado. Debt Service Mill Levy: means the mill levy the District projects to impose for payment of Debt as set forth in Section VI. below. 0600.0026:458451_13 2 Developer: means Walton Foothills Holdings VI, L.L.C., a Colorado limited liability company. District: means the Foothills Metropolitan District. District Organization Date: means the date the order and decree for organization issued by the Larimer County District Court as required by law for the District is re corded with the Larimer County Clerk and Recorder. External Financial Advisor: means a consultant that: (1) is qualified to governmental entities on matters relating to the issuance of securities by Colora entities including matters such as the pricing, sales and marketing of such se procuring of bond ratings, credit enhancement and insurance in respect of suc shall b advise Colorado do governmental curities and the h securities; (2) e an underwriter, investment banker, or individual listed as a public finance advisor in the Bon ther recognized employee of the d Buyer’s Municipal Market Place or, in the City’s sole discretion, o publication as a provider of financial projections; and (3) is not an officer or District. Financial Plan: means a Financial Plan, as the same is described in Secti shall be included within the Service Plan Amendment. The Financial Plan sha an External Financial Advisor. The Financial Plan shall describe (a) Improvements are to be financed; (b) how the Debt is expected to be incurr estimated operating revenue derived from property taxes for the first budget y year in which all District De on VI and which ll be prepared by how the Public ed; and (c) the ear through the bt is expected to be defeased. In the event the Financial Plan is not pre ied by a letter of o represent only y variations or ted as material pared by an External Financial Advisor, the Financial Plan shall be accompan support from an External Financial Advisor. This Financial Plan is intended t one example of debt issuance and financing structure of the District, an adjustments in the timing or implementation thereof shall not be interpre modifications to this Service Plan. Infrastructure Preliminary Development Plan: means the Infrastructu Development Plan as described in Section V.B. and which shall be include Service P re Preliminary d as part of the lan Amendment. The Infrastructure Preliminary Development Plan shall include: (a) a pre ) an estimate of the approximate s. The District's implementation of this Infrastructure Prelim any change site conditions, ents, land use conditions, and zoning limitations. Maximum Debt Service Mill Levy liminary list of the Public Improvements to be developed by the District; (b the cost of the Public Improvements; and (c) the map or maps showing location(s) of the Public Improvement inary Development Plan is subject to the Approved Development Plan and Maximum Debt Maturity Term: means the maximum term for a District Debt issuance, which shall be included in the Service Plan Amendment. Organizational Election: means the initial election at which the District’s organization, the initial slate of directors and associated terms of office for each director and all necessary debt and taxing authorization is voted upon pursuant to the requirements of TABOR. Project: means the Foothills Mall Redevelopment, including the demolition, renovation, reh eferred to as the strict Boundary Map. abilitation, reconstruction, and/or construction on the property commonly r Foothills Mall, as the same is more particularly described in the Di District Boundary: means the boundary of the area described in the lega District Boundary Map, attached l description and hereto as Exhibit A and Exhibit B, respectively. District Boundary Map: means the map attached hereto as Exhibit B overall property comprising the Project. , describing the Public Improvements: means a part or all of the improvements authorized to be planned, des ced, specifically nd administration, as authorized by the Special District Act, except as specifically limited in Section V below to serve the future taxpayers and in its discretion. igned, acquired, constructed, installed, relocated, redeveloped and finan including related eligible costs for acquisition a property owners of the Service Area as determined by the Board of the Districts Service Area: means the property within the District Boundary, as th altered hereinafter by permitted inclusions and exclusions. e same may be Service Plan: means this service plan for the District approved by the City Council, as the same may be amended from time to time, specifically including the Service Plan Amendment. Service Plan Amendment: means an Amended and Restated Service Plan approved by the City Council in accordance with applicable state law in order to supply further information to the City , which shall be required as described in Section I.A . of this Service Plan. Special District Act or “Act”: means Article 1 of Title 32 of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. TABOR: refers to Article X of the Constitution of the State. Vicinity Map: means a map of the regional area surrounding the Project, as attached hereto at Exhibit C. III. BOUNDARIES The District Boundary includes approximately 77.21 acres. A legal description of the District Boundary is attached as Exhibit A. A District Boundary Map is attached hereto as Exhibit B. Finally, a Vicinity Map is attached hereto as Exhibit C. 0600.0026:458451_13 4 IV. PROPOSED LAND USE AND ASSESSED VALUATION ing a mixture of ation of the Million Dollars. her than property on is expected to Approval of this ic area within the he total number of residential units or site/floor area of commercial buildings or space which may be identified in this Service Plan, now or in the future, nless the same is V. DE D SERVICES The Service Area consists of approximately 77.21 acres of land, includ planned commercial and residential development areas. The current assessed valu Service Area is based upon existing retail development and is approximately Six Although the primary revenue of the District is anticipated to include sources ot taxes, based upon the redevelopment of the Service Area, the assessed valuati increase to levels in excess of Ten Million Dollars by assessment year 2015. Service Plan by the City does not imply approval of the development of a specif District, nor does it imply approval of t or any of the exhibits attached thereto or any of the Public Improvements, u contained within an Approved Development Plan. SCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AN A. Powers of the District and Service Plan Amendment. Only after approval of the Service Plan Amendment shall the District have the power and thin and without Act, and other itations set forth I ludes additional t of the Special part hereof and e State shall not odification of this Service Plan. authority to acquire, construct and install the Public Improvements wi the boundaries of the District as such power and authority is described in the applicable statutes, common law and the State Constitution, subject to the lim herein. f, after the Service Plan is approved, the State Legislature inc powers or grants new or broader powers for Title 32 districts by amendmen District Act or otherwise, any or all such powers shall be deemed to be a available to or exercised by the District. Such additional powers granted by th constitute a material m 1. Operations and Maintenance. The purpose of the Distri design, acquire, construct, install, relocate, redevelop and finance the Public Imp District shall dedicate the Public Improvements to the City or other appropria owners association in a manner consistent with the Approved Development Pla provisions of the City Code. ct is to plan for, rovements. The te jurisdiction or n and applicable 2. Development Standards. The District will ensure that the Public nd specifications , and of other jurisdiction, as applicable. The District, directly or indirectly through the Developer, will obtain the City’s approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. The District shall not be required to post a surety bond, letter of credit, or other approved development security for Public Improvements to be constructed by the District. 3. Privately Placed Debt Limitation We are [I am] an External Financial Advisor within the meaning of (calculated as borne by the es not exceed st rate, using pon our [my] of [insert designation of the Debt], including maturities and early r l 4 the District’s Service Plan. We [I] certify that (1) the net effective interest rate defined in Section 32-1-103(12), C.R.S.) to be District for the [insert the designation of the Debt] do a reasonable current [tax-exempt] [taxable] intere criteria deemed appropriate by us [me] and based u analysis of comparable high yield securities; and (2) the structure edemption provisions, is reasonable considering the financia circumstances of the District. . Maximum Debt Authorization. The amount of Debt issuance by the District (the “Maximum Debt Authorization”) shall be set fort Plan Amendment. 5. authorized for h in the Service Monies from Other Governmental Sources. The Distric for, or accept, Conserva t shall not apply tion Trust Funds, Great Outdoors Colorado Funds, or other funds available from ity is eligible to This Section shall not apply spe e source for the or through governmental or non-profit entities for which the C apply for, except pursuant to an intergovernmental agreement with the City. to cific ownership taxes which shall be distributed to and a revenu Districts without any limitation. 6. Consolidation Limitation. The District shall not file a r Court to consolidate with another Title 32 district without the prior written conse 7. equest with any nt of the City. Eminent Domain Limitation. The District shall not exer power of eminent domain without first obtaining administ cise its statutory rative approval from the City. Said exercise o he tive approval of ents pertinent to being exercised strict's sovereign sion of the State 8. Service Plan Amendment Requirement f t Eminent Domain Power will require the prior written administra the City, and only be allowed to facilitate the construction of Public Improvem the Project. This restriction on the Eminent Domain power by the District is voluntarily and shall not be interpreted in any way as a limitation on the Di powers and shall not negatively affect the District's status as a political subdivi of Colorado as allowed by Article 1, Title 32, Colorado Revised Statutes. . This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan is intended to be designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the B. Infrastructure Preliminary Development Plan. expected to be velopment Plan. on, construction, ic Improvements ly defined in the including: (1) a Public Improvements; and (3) maps showing the approximate locations of the Public Improvem cluded as part of e Public Improvements will be designed in such a way as to ensure that the standards will be consistent with or exceed the standards of the City and shall be in uirements of the Approved Development Plan. The current estimated costs of the Public Improvements are substantial and will be based upon requirements set forth in the Approved De The District shall have authority to provide for the planning, design, acquisiti installation, relocation, redevelopment, maintenance, and financing of the Publ within and without the boundaries of the District, as the same are more specifical Approved Development Plan. The Infrastructure Preliminary Development Plan, list of the Public Improvements to be developed by the District; (2) an estimate of the cost of the ents shall be consistent with the Approved Development Plan and in the Service Plan Amendment. All of th accordance with the req VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, constructi ements from its he District shall on, installation, relocation and/or redevelopment of the Public Improv revenues and by and through the proceeds of Debt to be issued by the District. T not be authorized to issue any Debt until the time that the Service Plan Amendment is approved. B. Elections. ill call an Organizational Election on the questions of organizing the District for an election to be held on November 6, 2012, electing the initial Board, and setting in p ace be conducted as The District w l financial authorizations as required by TABOR. The election will required by law. VII. ANNUAL REPORT A. General. port with the City’s ing December 31 te. The City may, in its sole discretion, waive this requirement in whole or in part. B. Reporting of Significant Events The District shall be responsible for submitting an annual re Clerk not later than September 1st of each year for the year ending the preced following the year of the District Organization Da . Unless waived by the City, the annual report shall include the following: 1. A narrative summary of the progress of the District in implementing its service plan for the report year; and 0600.0026:458451_13 7 2. Except when exemption from audit has been granted fo under the Local Government Audit Law, the audited financial statements of th report year including a statement of financial condition (i.e., balance sheet) as of the report y r the report year e District for the December 31 of ear and the statement of operations (i.e., revenues and expenditures) for the report year; and uncil or deemed s Clerk or is not tice of such default may be given to the Board of the District, at its last e failure of the District to file the annual report within forty-five (45) days of default notice by the City’s Clerk may constitute a material modification, at the 3. Any other information deemed relevant by the City Co reasonably necessary by the City’s Manager. In the event the annual report is not timely received by the City’ fully responsive, no known address. Th the mailing of such discretion of the City. VIII. DISSOLUTION If proceedings for a Service Plan Amendment, as contemplated herein completed within two years from the date upon which this Service Plan was City Council, the City may opt to pursue the remedies available to it under Sec C.R.S., in order to compel the District to dissolve in a prompt and orderly manner. In such an event: 1) the limited purposes and powers of the District, as authorize automatically terminate and be expressly limited to taking only those , have not been approved by the tion 32-1-701(3) d herein, shall actions that are reasonably nec ed with the City .S.; and 3) the istrict and shall District, and 4) lve. mination of the City Council that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the utes. In no event n occur until the District has provided for the payment or discharge of all of its out to State statutes, g operation and maintenance activities. IX. M ER essary to dissolve; 2) the Board of Directors will be deemed to have agre regarding its dissolution without an election pursuant to §32-1-704(3)(b), C.R District shall take no action to contest or impede the dissolution of the D affirmatively and diligently cooperate in securing the final dissolution of the subject to the statutory requirements of the Act, the District shall thereupon disso Upon an independent deter appropriate District Court for dissolution, pursuant to the applicable State stat shall dissolutio standing indebtedness and other financial obligations as required pursuant includin AT IAL MODIFICATIONS Material dance with Section 32-1-207, C.R.S. Departures from the Service Plan that constitute a material modification include without 0600.0026:458451_13 9 ition of a major facility that n d to a service, function or facility authorized in the Service Plan. XI. 3. Performance of a service or function or acquis is ot closely relate CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), establishes that: 1. There is sufficient existing and projected need for organiz area to be serviced by the ed service in the District; ict is inadequate omical and sufficient service to ndaries; and will have, the XII. RESOLUTION OF APPROVAL 2. The existing service in the area to be served by the Distr for present and projected needs; 3. The District is capable of providing econ the area within their proposed bou 4. The area to be included in the District does have, and financial ability to discharge the proposed indebtedness on a reasonable basis. The District agrees to incorporate the City Council’s resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Larimer County, Colorado. EXHIBIT A District Legal Description of District Boundary Foothills Metropolitan Book No: Drawn by: Reviewed: Date: FOOTHILLS METROPOLITAN DISTRICT Project No: DISTRICT LEGAL DESCRIPTION FORT COLLINS, CO 1 OF 3 EXHIBIT B politan District District Boundary Map Foothills Metro Book No: Drawn by: Reviewed: Date: Project No: FOOTHILLS METROPOLITAN DISTRICT DISTRICT BOUNDARY MAP FORT COLLINS, COLORADO 2 OF 3 EXHIBIT C etropolitan District Vicinity Map Foothills M Book No: Drawn by: Reviewed: Date: Project No: FOOTHILLS METROPOLITAN DISTRICT VICINITY MAP FORT COLLINS, COLORADO 3 OF 3 DATE: September 4, 2012 STAFF: Wendy Williams Bill Whirty AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT Resolution 2012-089 Recognizing the City Park Time Capsule and Directing a Future City Council to Open the Time Capsule on the Fourth of July 2112. EXECUTIVE SUMMARY A time capsule containing items of historical significance pertaining to City Park’s 100th Anniversary will be buried in front of the park entrance sign at Jackson Avenue and Mulberry Street on September 16, 2012. This Resolution formalizes its burial and requests that it be opened 100 years from now by a future City Council on the Fourth of July, 2112 with the media and community present. BACKGROUND / DISCUSSION City Park is the first community park developed in Fort Collins. Officially named on January 3, 1912, by the City Parks Commission, City Park is the cornerstone park of a remarkable park system. It has hosted thousands of events over the years including the annual Fourth of July Celebration. On September 16, 2012, a time capsule will be buried in front of the park entrance sign at Jackson Avenue and Mulberry Street. The capsule contains items of historical significance related to City Park and its’ long history as a gathering place of the citizens of Fort Collins. This Resolution asks that a future Fort Collins City Council open the time capsule on the Fourth of July, 2112 with media and community present. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2012-089 OF THE COUNCIL OF THE CITY OF FORT COLLINS RECOGNIZING THE CITY PARK TIME CAPSULE AND DIRECTING A FUTURE CITY COUNCIL TO OPEN THE TIME CAPSULE ON THE FOURTH OF JULY 2112 WHEREAS, throughout 2012, the City is celebrating the 100th Anniversary of City Park; and WHEREAS, on September 16, 2012, a time capsule will be buried in front of the park entrance sign at Jackson Avenue and Mulberry Street; and WHEREAS, the time capsule contains items of historical significance related to City Park and its long history as a gathering place for the citizens of Fort Collins; and WHEREAS, the City Council believes that it would be appropriate and fitting for a future City Council to unearth the time capsule 100 years from now, on the Fourth of July 2112, with the media and the community present, and to visually share the contents of the time capsule with the members of the community to commemorate the history of City Park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby recognizes the City Park Time Capsule. Section 2. That the City Council hereby asks the City Council of 2112 to unearth the time capsule on the Fourth of July 2012, and to share its contents with the community, to commemorate the history of City Park. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk DATE: September 4, 2012 STAFF: Darin Atteberry AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 25 SUBJECT Resolution 2012-086 Setting the Dates of the Public Hearings on the 2013 and 2014 Proposed City of Fort Collins Biennial Budget. EXECUTIVE SUMMARY The City will be adopting a biennial budget for the years 2013 and 2014. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 18, 2012. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 2, 2012, regular Council meeting. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2012-086 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING THE DATES OF THE PUBLIC HEARINGS ON THE 2013 AND 2014 PROPOSED CITY OF FORT COLLINS BIENNIAL BUDGET WHEREAS, the proposed biennial budget for the years 2013 and 2014 has been submitted to the City Council by the City Manager; and WHEREAS, Article V, Section 3 of the City Charter requires that, within ten days of the date of the filing of the proposed budget with the City Clerk by the City Manager, the City Council shall set a time certain for a public hearing; and WHEREAS, the City Council wishes to set two hearing dates to receive public input on the proposed 2013 and 2014 biennial budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That public hearings will be conducted by the City Council at the City Council Chambers, City Hall West, 300 Laporte Avenue on September 18, 2012 and October 2, 2012 at 6:00 p.m., or as soon thereafter as the matter may come on for hearing, to receive public input on the proposed 2013 and 2014 City of Fort Collins biennial budget. Section 2. That the notice attached hereto is hereby ordered to be published by the City Clerk in a newspaper of general circulation so as to give timely notice of the public hearings. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk NOTICE OF PUBLIC HEARINGS ON THE PROPOSED 2013 AND 2014 CITY OF FORT COLLINS BIENNIAL BUDGET Notice is hereby given that public hearings will be held in the Council Chambers in City Hall West, 300 LaPorte Avenue in the City of Fort Collins, Colorado, on Tuesday, the 18th day of September, 2012, and Tuesday, the 2nd day of October, 2012, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing, to receive public input on the proposed 2013 and 2014 City of Fort Collins biennial budget. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 for assistance. The proposed budget is on file and available for public inspection at the Office of the City Clerk at City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Dated this 4th day of September, A.D. 2012. City Clerk DATE: September 4, 2012 STAFF: Matt Robenalt, Kathy Cardona Mike Beckstead AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 30 SUBJECT Items Relating to the 2012 Downtown Development Authority-Related Financing Activities. A. Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. B. First Reading of Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six Year Period in the Amount of up to One Million Dollars Annually to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. C. Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Regarding Funding of the Museum of Discovery Project. D. First Reading of Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins Revolving Line of Credit Established to Finance Downtown Development Authority Projects and Programs and Funds for Debt Service on the Revolving Line of Credit. EXECUTIVE SUMMARY The Board of Directors of the Downtown Development Authority (DDA) believes it would be financially beneficial for the DDA and the community as a whole for a revolving Line of Credit to be established with a local bank for a six (6) year period. The Line of Credit will be used to finance DDA projects and programs. Adoption of Resolution 2012-081 will approve the Intergovernmental Agreement (IGA) regarding the establishment of the Line of Credit and governing the mechanics of its use. Adoption of Ordinance No. 089, 2012 will authorize the establishment of the Line of Credit and approve execution of the First National Bank documents. The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant to the City of Fort Collins for a portion of the actual costs of construction of the Museum of Discovery Project. Adoption of Resolution 2012-082 will approve the IGA expressing the terms of the grant contribution. Ordinance No. 090, 2012 will appropriate unanticipated revenue from interest earnings in the amount of $191,032; from project savings in the amount of $331,113; funds appropriated but not spent of $940,430; funds from the 2010 Bond Series that were not appropriated in the amount of $500,000; and funds from the 2012 Revolving Line of Credit draw of up to $1,000,000 for a total appropriation of $2,962,575. The DDA Board has authorized the expenditure on the various projects and programs. This Ordinance also appropriates the debt service payment on the 2012 Line of Credit draw. BACKGROUND / DISCUSSION A. ESTABLISHMENT OF A LINE OF CREDIT The Downtown Development Authority was created in 1981 with the purpose, according to State statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and the City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. The primary means of financing DDA projects and programs is through the use of property tax increment collected within the DDA boundaries. The Colorado Revised Statues (C.R.S.) requires that the City incur some form of debt in order to finance such projects and programs using property tax increment revenues collected to pay the debt service. The City, in order to carry out the purposes of the State statute and the Plan of Development, on behalf of the DDA, has issued various notes and tax increment bonds. In 1983 the City issued a tax increment bond anticipation note. The first issuance of tax increment bonds occurred in 1984 with subsequent issuances through 2010. September 4, 2012 -2- ITEM 30 The establishment of the Line of Credit with First National Bank meets the requirements of the C.R.S. and the costs associated with such a line of credit are much lower than would be the case with other types of traditional financing such as a bond. It is in the best interest of the DDA and the City to reduce financing costs of DDA projects in order to preserve the maximum amount of property tax increment revenues for DDA projects and activities within its boundaries. • Resolution 2012-081 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit. This Resolution authorizes the Mayor to execute the IGA between the City and the DDA governing the use of the line credit. The two entities desire to enter into the IGA in order to establish a line of credit to finance certain DDA projects. The IGA defines the recommended required process steps for implementation of the Line of Credit. • Ordinance No. 089, 2012, Authorizing the Establishment of a Revolving Line of Credit for a Six Year Period in the Amount of up to One Million Dollars Annually to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. The Ordinance authorizes the Chief Financial Officer of the City to establish the Line of Credit and to execute the Line of Credit documents. B. MUSEUM OF DISCOVERY INTERGOVERNMENTAL AGREEMENT The DDA Board of Directors has approved the sum of three million dollars ($3,000,000) as a grant to the City for a portion of the actual costs of construction of the Museum of Discovery project. • Resolution 2012-082 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Regarding Funding of the Museum of Discovery Project. This Resolution authorizes the Mayor to execute the IGA between the City and the DDA regarding the grant of funds for the Museum of Discovery. The two entities desire to enter into the IGA in order to establish the annual contribution amounts and the terms of the agreement. C. APPROPRIATIONS In order to maximize the effectiveness of DDA bond proceeds and delay the cost of issuing bonds or borrowing funds when capital is available, staff monitors sources of funds currently in reserves and available for appropriation. These funds accumulate as a result of interest earnings and from project savings when actual cost accounting at the end of the project is lower than the funds committed at the start of a project. Additionally, reserves available for appropriation may become available when a project committed to by the DDA has been withdrawn by the project owner. The DDA Board has also chosen to maximize the effectiveness of available funds by discontinuing programs that were not being utilized. DDA Board Approvals Staff has provided summaries for the projects and programs approved for funding by the DDA Board. All approvals by the DDA Board are made contingent upon City Council appropriation of funds that fulfill the Authority’s commitment to projects. With the exception of those projects or programs which are purely public in nature, no DDA expenditures will be made until projects are completed and have met all DDA requirements for reimbursement including, but not limited to, evidence of a letter of completion or certificate of occupancy from the City. The DDA Board has reviewed, approved and is recommending to the City Council the total appropriation of $2,962,575 for expenditure on projects and programs that are in accordance with the DDA Plan of Development, the Downtown Plan and the Downtown Strategic Plan. September 4, 2012 -3- ITEM 30 • Ordinance No. 090, 2012, Appropriating Prior Year Reserves in the Downtown Development Authority Fund, Funds Drawn from the 2012 City of Fort Collins Revolving Line of Credit Established to Finance Downtown Development Authority Projects and Programs and Funds for Debt Service on the Revolving Line of Credit. Interest Earnings, Programs and Project Savings Over the past year, proceeds from DDA tax increment financing that have not been spent have accumulated interest earnings in the amount of $191,032 and are available for appropriation. Project savings in the amount of $331,113 and funds not appropriated in the 2010 Bond Series Issuance in the amount of $500,000 need to be appropriated for expenditure. Bonds were issued in 2007, 2008 and 2010 and the resulting bond proceeds were appropriated for projects and programs that subsequently did not require the full use of committed funds resulting in $940,430 in savings. For example, some facade projects were withdrawn by the owner or the DDA Board discontinued a program. These funds are now available for reappropriation. Line of Credit and Debt Service Payment Establishment of the revolving Line of Credit requires appropriation of the 2012 draw of up to $1,000,000. The debt service payment for 2012 on the Line of Credit also needs to be appropriated. The DDA debt service fund is projected to have sufficient revenue to meet the debt service payment for 2012. The Intergovernmental Agreement between the City of Fort Collins and the DDA for the Line of Credit specifically states that no draw shall be made by the City on the Line of Credit in excess of available tax increment monies. The DDA Board will annually adopt a resolution approving its budget and recommend to City Council the monies to be appropriated on the Line of Credit. FINANCIAL / ECONOMIC IMPACTS To achieve success in revitalization and redevelopment of the Downtown district, DDA staff and Board operate with attention to maintaining the fiscal viability and fiduciary stewardship of the organization. During 2012, the DDA staff and board has focused on finding the lowest cost of capital to support projects and programs so that the maximum amount of capital can be invested in projects or programs. With the Line of Credit financing tool, the DDA is able to decrease the cost of capital for its current slate of projects and programs through a significant reduction in expenses for interest, closing costs and transaction fees. The reduction in the cost of capital expenses ranges from $828,700 to $1,252,200. The DDA Board has authorized expenditure on the following projects or programs which will be funded with this appropriation in the amount of $2,962,575: Maintenance Obligations - $654,000 Old Town Square Second Interim Agreement (2012-2014) -- $192,000 Old Town Square - Safety and Operational Function (2012-2014) -- $30,00 DDA Warehouse - Utilities and Maintenance (2012-2014) -- $60,000 DDA Warehouse - Capital Reserve Fund (e.g., new roof) -- $25,000 Montezuma Fuller Alley, Old Firehouse Alley, West Myrtle Alley Enhancement Project (2012-2014) -- $347,000 Existing Commitments - $1,843,627 2012 payment - Museum of Discovery (Proposed payments scheduled over 6 years) -- $750,000 137 Mathews Street - Tax Increment Facade Project -– up to $13,500 415 S Mason Street - Tax Increment Facade Project -– up to $65,000 Downtown River District Improvements - Jefferson Street Improvements -- $500,000 Lincoln Center Rent and Tech Grant for the 2012-2013 Season -– up to $165,827 River Corridor Improvements - Engines and Energy Conversion Lab – Grant –- up to $77,000 Penny Flats Building #3 - Tax Increment Facade Project –- up to $112,300 Penny Flats Building #4 - Tax Increment Facade Project –- up to $160,000 September 4, 2012 -4- ITEM 30 Other - $464,948 Closing Costs -- estimated at $15,000 Holiday Lights Partnership (2012 Season) -- up to $35,000 Facade Grant Program -- up to $75,000 Project Management Fee -- estimated at $339,948 STAFF RECOMMENDATION The Downtown Development Authority Board of Directors and staff recommend adoption of the Resolutions and the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION Council Finance On April 16, 2012, DDA staff presented information to the City of Fort Collins Council Audit and Finance Committee demonstrating the benefit of using a Line of Credit financing method for various projects. Other than a request from Councilmember Manvel for a timeline of when money would be due on each project, especially the Museum, there were no objections to moving forward with the Line of Credit financing tool. DDA Board At its regular meeting on June 19, 2012, the DDA Board of Directors adopted: • Resolution 2011-02, recommending to the Fort Collins City Council the establishment of a revolving Line of Credit with First National Bank of Omaha for a six (6) year period in the amount of up to one million dollars annually and the approval of the Intergovernmental Agreement governing the Line of Credit; and • The Intergovernmental Agreement regarding the Grant of Funds for the Museum of Discovery Project; and • Resolution 2012-03 recommending to the Fort Collins City Council the appropriation of $2,962,575 for expenditure on projects and programs, all in accordance with the Downtown Development Authority Plan of Development. ATTACHMENTS 1. Downtown Development Authority Board Minutes, June 19, 2012 2. Fort Collins Downtown Development Authority Board Resolution 2012-02 3. Fort Collins Downtown Development Authority Board Resolution 2012-03, including a recap of DDA board minutes relating to the summary and approval of the projects and programs being funded. 4. Downtown Development Authority Boundary Map 5. City of Fort Collins Council Audit & Finance Committee Minutes – April 16, 2012 6. Estimated Annual Distribution and Funding for Projects and Programs for the DDA 7. Cash Flow Statement for the DDA Debt Service Fund as of May 31, 2012 8. Powerpoint presentation E VINE DR RIVERSIDE AVE SMITH ST E ELIZABETH ST S MASON ST N COLLEGE AVE S LEMAY AVE MATHEWS ST LOCUST ST WHEDBEE ST PETERSON ST E LINCOLN AVE E MYRTLE ST LINDEN ST STOVER ST REMINGTON ST S COLLEGE AVE 12TH ST MAPLE ST E PLUM ST 9TH ST W OAK ST S HOWES ST CHERRY ST E OLIVE ST W OLIVE ST CONIFER ST E OAK ST E MULBERRY ST BUCKINGHAM ST S MELDRUM ST W LAUREL ST W MYRTLE ST LAPORTE AVE HEMLOCK ST WILLOW ST S WHITCOMB ST N LEMAY AVE REDWOOD ST 1ST ST 3RD ST 2ND ST W MAGNOLIA ST N SHERWOOD ST W MULBERRY ST N WHITCOMB ST W MOUNTAIN AVE CA J E TA N ST 10TH ST COWAN ST N MASON ST O S I A ATTACHMENT 6 ATTACHMENT 7 1 Purpose of why we are here: DDA Board and staff are seeking approval and adoption of the following: Resolution 2012-081 and an Intergovernmental Agreement (Line of Credit) Ordinance No. 089, 2012 (Line of Credit) Resolution 2012-082 and an Intergovernmental Agreement (Museum of Discovery Grant) Ordinance No. 090, 2012 (Appropriations) 1 ATTACHMENT 8 2 2 Why Now? Projects and programs approved by the DDA Board and consistent with the mission of the organization have reached maturity and require funding reimbursement or positioning of funds for future reimbursement. 3 DDA Financing Strategy The DDA Board of Directors believes that it would be financially beneficial for the DDA and the community as a whole for a revolving Line of Credit to be established with a local bank for a six (6) year period. DDA will be able to decrease the cost of capital for its current slate of projects and programs through a significant reduction in expenses for interest, closing costs and transaction fees. The reduction in the cost of capital ranges from $828,700 to $1,295,200. 3 4 Financing Options Line of Credit Traditional bond - City Purchase Traditional bond - Private Placement ABC PRINCIPAL $4,500,000 $4,500,000 $4,500,000 INTEREST RATE 3.25% # 3.25% ## 3.27% TE and 4.95% T # TERM 6 Years 10 Years 10 Years EST. FEES &/ CLOSING COSTS $18,000 $15,000 $62,500 DEBT RESERVE REQUIRED $0 $225,000 $225,000 TOTAL INTEREST $1,500 ### $833,219 $848,612 - $1,252,246 #### POTENTIAL SAVINGS: A TO B $828,719 POTENTIAL SAVINGS: A TO C $891,612 - $1,295,246 #### # Term Sheet received from local bank ## Floor as proposed to Council Finance January 23, 2012 ### Minimum finance charge required #### Range exists because tax status of the Museum is unknown 5 Requested Action: Establish Line of Credit •Adoption of Resolution 2012-081 which approves the Intergovernmental Agreement between the City and the DDA for the Line of Credit. •Adoption of Ordinance No. 089, 2012 authorizing the establishment of the Line of Credit. 4 6 Requested Action: Museum of Discovery Intergovernmental Agreement •Adoption of Resolution 2012-082 which approves the Intergovernmental Agreement between the City and the DDA regarding the Museum of Discovery. 7 Requested Action: Appropriation Adoption of Ordinance No. 090, 2012 appropriating prior year reserves ($1,962,575) and funds drawn in 2012 on the Line of Credit (up to $1,000,000). Total appropriation = $2,962.575 5 8 In order to maximize the effectiveness of DDA bond proceeds and delay the cost of issuing bonds or borrowing funds DDA staff monitors sources of funds currently on hand. As of May 31, 2012: •Interest Earnings - $191,032 •Project Savings - $331,113 •Reappropriation - $940,430 •Bonded but not Appropriated - $500,000 Total = $1,962,575 available funds for appropriation 9 PROJECTS/PROGRAMS TO BE FUNDED: Maintenance Obligations - $654,000 •Old Town Square Second Interim Agreement (2012-2014) - $192,000 •Old Town Square – Safety and Operational Function (2012-2014) - $30,000 •DDA Warehouse – Utilities and Maintenance (2012-2014) - $60,000 •DDA Warehouse – Capital Reserve Fund (e.g., new roof) - $25,000 •MFA, OFA, WMA Enhancement Project (2012-2014) - $347,000 Existing Commitments - $1,843,627 •Downtown River District Improvements - Jefferson Street Improvements - $500,000 •415 S. Mason Street - Tax Increment Façade Project - up to $65,000 •137 Mathews Street - Tax Increment Façade Project - up to $13,500 •Penny Flats Building #3 - Tax Increment Façade Project - up to $112,300 •Penny Flats Building #4 - Tax Increment Façade Project - up to $160,000 •2012 Museum of Discovery Payment - $750,000 •Lincoln Center Rent and Tech Grant for the 2012-2013 Season - up to $165,827 •River Corridor Improvements - EEC Lab - Grant – up to $77,000 6 10 PROJECTS/PROGRAMS TO BE FUNDED (continued): Other - $464,948 •Closing Costs - estimated at $15,000 •Holiday Lights Partnership (2012 Season) - up to $35,000 •Façade Grant Program - up to $75,000 •Project Management Fee - estimated at $339,948 Total Projects/Programs to be funded = $2,962,575 11 Questions for DDA staff or the City? RESOLUTION 2012-081 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY GOVERNING THE USE OF A LINE OF CREDIT WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing The Fort Collins, Colorado Downtown Development Authority (“DDA”); and WHEREAS, the DDA has been duly organized in accordance with the Colorado Revised Statutes 31-25-801, et seq.; and WHEREAS, the DDA’s Plan of Development was approved by the City Council on September 8, 1981, and established the purpose of the DDA and the types of projects in which the DDA would participate; and WHEREAS, the Board of Directors of the DDA has recommended to the City Council through the adoption of Resolution 2012-02, the establishment of a revolving line of credit for a six year period in the amount of One Million Dollars ($1,000,000) annually (“Line of Credit”), with such other terms and conditions as are set forth in the financing documents, a copy of which are on file in the office of the City Clerk and available for public inspection (the “LOC Documents”), to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, the establishment of the Line of Credit for such purpose would be financially beneficial for the DDA and the community as a whole; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the City desires to enter into an intergovernmental agreement between the City and the DDA regarding the establishment of the Line of Credit and governing its use in the form attached hereto and incorporated herein as Exhibit A (the “IGA”). NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the IGA on behalf of the City, in substantially the form contained in Exhibit A attached hereto and incorporated herein by this reference, subject to such modifications and additions as may be deemed necessary or appropriate by the City Manager, in consultation with the City Attorney, in order to protect the interests of the City or to further the purposes of the Agreement or this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 089, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ESTABLISHMENT OF A REVOLVING LINE OF CREDIT TO BE PAID SOLELY WITH DOWNTOWN DEVELOPMENT AUTHORITY TAX INCREMENT FUNDS FOR A SIX YEAR PERIOD IN THE AMOUNT OF UP TO ONE MILLION DOLLARS ANNUALLY TO FINANCE DOWNTOWN DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS IN ACCORDANCE WITH THE DOWNTOWN DEVELOPMENT AUTHORITY PLAN OF DEVELOPMENT AND APPROVING RELATED DOCUMENTS WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing the Fort Collins, Colorado, Downtown Development Authority (“DDA”); and WHEREAS, the DDA’s Plan of Development was approved by the City Council on September 8, 1981, and established the purpose of the DDA and the types of projects in which the DDA would participate; and WHEREAS, C.R.S. 31-25-807 (3) (a) (II) provides that DDA tax increment funds may only be used to pay some form of indebtedness incurred by the City; and WHEREAS, the establishment of a line of credit with a banking institution would qualify as debt within the meaning of C.R.S. 31-25-807 (3) (a) (II); and WHEREAS, the Board of Directors of the DDA has recommended to the City Council, through the adoption of Resolution 2012-02, the establishment of a revolving line of credit to be paid solely with DDA tax increment funds for a six year period in the amount of One Million Dollars ($1,000,000) annually (“Line of Credit”), with such other terms and conditions as are set forth in the financing documents, attached hereto as Exhibits A-1 and A-2,and incorporated herein by this reference (the “LOC Documents”), to finance DDA projects and programs in accordance with its approved Plan of Development, the Downtown Plan and the Downtown Strategic Plan; and WHEREAS, the establishment of the Line of Credit for such purpose would be financially beneficial for the DDA and the community as a whole; and WHEREAS, on this date the City Council has also approved Ordinance No. 090, 2012, appropriating the proceeds of the Line of Credit; along with prior year reserves, to finance DDA projects and programs in accordance with the DDA Plan of Development and appropriating from the DDA Debt Service Fund funds for payment of debt service on the Line of Credit in 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to establish the Line of Credit as described in this Ordinance and to execute the LOC Documents therefor in substantially the forms on file in the office of the City Clerk, together with such additional terms and conditions as the City Manager, in consultation with the Chief Financial Officer and the City Attorney, deem necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk RESOLUTION 2012-082 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY REGARDING FUNDING OF THE MUSEUM OF DISCOVERY PROJECT WHEREAS, on April 21, 1981, the City adopted Ordinance No. 046, 1981, establishing The Fort Collins, Colorado Downtown Development Authority (“DDA”); and WHEREAS, the DDA has been duly organized in accordance with the Colorado Revised Statutes 31-25-801, et seq.; and WHEREAS, the DDA’s Plan of Development was approved by the City Council on September 8, 1981, and established the purpose of the DDA and the types of projects in which the DDA would participate; and WHEREAS, construction of a new museum facility at the northeast corner of Cherry Street and Mason Street referred to as the Fort Collins Museum/Discovery Center Joint Facility (the “Museum of Discovery Project”) falls within the purposes and types of projects in the Plan of Development; and WHEREAS, the DDA is empowered, pursuant to C.R.S. §31-25-808, to cooperate with the City, to enter into contracts with the City and to make or receive from the City grants, contributions and loans; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the DDA has approved the reimbursement to the City the sum of Three Million Dollars ($3,000,000) for a portion of the actual costs of construction of the Museum of Discovery Project; and WHEREAS, the City Council desires to enter into an intergovernmental agreement between the City and the DDA concerning the grant of DDA funds to the City in the form attached hereto and incorporated herein as Exhibit A (the “IGA”). NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the IGA on behalf of the City, in substantially the form contained in Exhibit A attached hereto and incorporated herein by this reference, subject to such modifications and additions as may be deemed necessary or appropriate by the City Manager, in consultation with the City Attorney, in order to protect the interests of the City or to further the purposes of the Agreement or this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 090, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE DOWNTOWN DEVELOPMENT AUTHORITY FUND, FUNDS DRAWN FROM THE 2012 CITY OF FORT COLLINS REVOLVING LINE OF CREDIT ESTABLISHED TO FINANCE DOWNTOWN DEVELOPMENT AUTHORITY PROJECTS AND PROGRAMS AND FUNDS FOR DEBT SERVICE ON THE REVOLVING LINE OF CREDIT WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing The Fort Collins, Colorado, Downtown Development Authority (“DDA”); and WHEREAS, the DDA Plan of Development was approved by the City Council on September 8, 1981, and established the purpose of the DDA and the types of projects in which the DDA would participate; and WHEREAS, bond proceeds from 2011 through April 2012 have accrued interest earnings in the amount of $191,032; and WHEREAS, DDA staff has identified project savings of $331,113 from bond proceeds currently in reserves, as well as $940,430 in funds from the 2007, 2008 and 2010 Bond Series which were appropriated but not spent, and bond proceeds from the 2010 Bond Series currently in reserves that were not appropriated in the amount of $500,000; and WHEREAS, on this date the Council has also approved Ordinance No. 089, 2012, authorizing the establishment of a line of credit to finance DDA projects and programs in accordance with the DDA Plan of Development and approving the line of credit documents; and WHEREAS, the establishment of said line of credit and the appropriation of the funds from the line of credit draws and the appropriation of prior year reserves are necessary to complete the construction and implementation of certain capital DDA projects; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council of the City to make supplemental appropriation, in conjunction with all previous appropriations for that 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, the Board of Directors of the DDA has recommended to the City Council of the City such appropriation by Resolution 2012-03, passed and adopted at the regular meeting of the Board of Directors of the DDA on the June 19, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That there is hereby appropriated for expenditure from the 2012 Line of Credit draws and reserves in the Downtown Development Authority Fund the sum of TWO MILLION, NINE HUNDRED SIXTY TWO THOUSAND, FIVE HUNDRED SEVENTY FIVE DOLLARS ($2,962,575) to be used, as defined in the attached Exhibit A. Section 2. That there is hereby appropriated for expenditure from the Downtown Development Authority Debt Service Fund the sum of up to ONE MILLION DOLLARS ($1,000,000) for payment of debt service on the line of credit draws in 2012. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk MAINTENANCE OBLIGATIONS OF $654,000 Old Town Square Second Interim Agreement (2012-2014) -- $192,000 Old Town Square - Safety and Operational Function (2012-2014) -- $30,000 DDA Warehouse - Utilities and Maintenance (2012-2014) -- $60,000 DDA Warehouse - Capital Reserve Fund (e.g. new roof) -- $25,000 MFA, OFA, WMA Alley Enhancement Project (2012-2014) -- $347,000 Subtotal $654,000 EXISTING COMMITMENTS OF $1,843,627 2012 payment - Museum of Discovery (Proposed payments scheduled over 6 years) -- $750,000 137 Mathews Street - Tax Increment Façade Project -– up to $13,500 415 S Mason Street - Tax Increment Façade Project -– up to $65,000 Downtown River District Improvements - Jefferson Street Improvements -- $500,000 Lincoln Center Rent and Tech Grant for the 2012-2013 Season -– up to $165,827 River Corridor Improvements - Engines and Energy Conversion Lab – Grant –- up to $77,000 Penny Flats Building #3 - Tax Increment Façade Project –- up to $112,300 Penny Flats Building #4 - Tax Increment Façade Project –- up to $160,000 Subtotal $1,843,627 OTHER OF $464,948 Closing Costs -- estimated at $15,000 Holiday Lights Partnership (2012 Season) -- up to $35,000 Façade Grant Program -- up to $75,000 Project Management Fee -- estimated at $339,948 Subtotal $464,948 TOTAL USES $2,962,575 3 EXHIBIT A DATE: September 4, 2012 STAFF: Lindsay Ex AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 31 SUBJECT Resolution 2012-085 Making Findings of Fact and Related Determinations Regarding the Appeal of the June 25, 2012 Administrative Hearing Officer Approval of the Legacy Senior Residences Project Development Plan. EXECUTIVE SUMMARY On June 25, 2012, the City of Fort Collins Hearing Officer issued a written decision approving the Legacy Senior Residences Project Development Plan with three Modifications of Standard. On July 9, Save the Poudre filed a Notice of Appeal, alleging the Hearing Officer failed to properly interpret and apply the Land Use Code and considered evidence relevant to its findings that was substantially false and grossly misleading. On August 21, 2012, City Council voted 4-2 (Nays: Ohlson, Poppaw) that the Hearing Officer conducted a fair hearing and upheld the Hearing Officer’s decision approving the Project Development Plan and the three Modifications of Standard. In order to finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing its decision on the Appeal. BACKGROUND / DISCUSSION The Appellant’s Notice of Appeal was based on allegations that the Hearing Officer failed to properly interpret and apply the Land Use Code and considered evidence relevant to its findings that was substantially false and grossly misleading. At the August 21, 2012 hearing on the matter, Council considered the testimony of the appellant, the applicants, and City staff. After consideration of the record and discussion, City Council voted 4-2, determining that the Hearing Officer conducted a fair hearing and that the Land Use Code was properly interpreted and applied in regards to the Modification to Section 4.17(D)(3)(c)(4) of the Land Use Code and the Project Development Plan. Accordingly, the Council upheld the decision of the Hearing Officer on June 25 and approved the Legacy Senior Residences Project Development Plan with three Modifications of Standard. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2012-085 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND RELATED DETERMINATIONS REGARDING THE APPEAL OF THE JUNE 25, 2012 ADMINISTRATIVE HEARING OFFICER APPROVAL OF THE LEGACY SENIOR RESIDENCES PROJECT DEVELOPMENT PLAN WHEREAS, on June 25, 2012, the City's Administrative Hearing Officer (the "Hearing Officer") approved three modifications of standard and a project development plan for the project known as Legacy Senior Residences (the "PDP"); and WHEREAS, on July 9, 2012, a Notice of Appeal of the Hearing Officer's decision was filed with the City Clerk by Gary Wockner/Save the Poudre: Poudre Waterkeeper (the "Appellant"); and WHEREAS, on July 27, 2012, the Appellant filed an Amended Notice of Appeal of the Hearing Officer's decision with the City Clerk; and WHEREAS, the appeal involved one of the modifications of standards as well as the PDP; and WHEREAS, on August 21, 2012, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on appeal, heard presentations from the Appellant and other parties-in-interest and, after discussion, upheld the decision of the Hearing Officer; and WHEREAS, City Code Section 2-57(g) provides that no later than the date of its regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in support of its decision on the appeal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-57(g) of the City Code, the City Council hereby makes the following findings of fact and conclusions: 1. That the grounds for appeal as stated in the Appellant's Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That the Hearing Officer held a fair hearing and did not consider any evidence relevant to his findings which was substantially false or grossly misleading. 3. That the Hearing Officer did not fail to properly interpret and apply the provisions of the Land Use Code in granting the modification of standard which was the subject of the appeal. 4. That the Hearing Officer did not fail to properly interpret and apply the provisions of the Land Use Code in approving the PDP. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September, A.D. 2012. Mayor ATTEST: City Clerk DATE: September 4, 2012 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 32 SUBJECT Resolution 2012-087 Submitting a Council-initiated, Non-Binding Question Relating to the Possible Construction of a Stadium on Colorado State University’s Main Campus to a Vote of the Registered Electors of the City at a Special Municipal Election to Be Held on November 6, 2012, in Conjunction with the Larimer County General Election. EXECUTIVE SUMMARY At its August 14, 2012 work session, three members of Council (Manvel, Poppaw, and Ohlson) requested Council consideration of a Resolution putting a non-binding advisory question on the ballot for the purpose of giving Fort Collins citizens an additional avenue for providing input on the desirability of an on-campus stadium. Pursuant to the City Charter, the Council may submit any question to the vote of the people at a regular or special election in the same manner and with the same force and effect as is provided for citizen-initiated measures. A special election has previously been called by the Council for November 6, 2012 for the purpose of considering a citizen- initiated ordinance dealing with medical marijuana businesses. The deadline to certify ballot language to the County for this election is Friday, September 7. STAFF RECOMMENDATION None. RESOLUTION 2012-087 OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A COUNCIL-INITIATED, NON-BINDING QUESTION RELATING TO THE POSSIBLE CONSTRUCTION OF A STADIUM ON COLORADO STATE UNIVERSITY’S MAIN CAMPUS TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 IN CONJUNCTION WITH THE LARIMER COUNTY GENERAL ELECTION WHEREAS, Colorado State University ("CSU") is considering replacing Hughes Stadium, which currently serves the CSU football program; and WHEREAS, Dr. Tony Frank, CSU President, has appointed a Stadium Advisory Committee (the “Committee”) to evaluate the feasibility of a new stadium; and WHEREAS, the new stadium would be constructed on CSU’s main campus within the City limits; and WHEREAS, the Committee has developed a written feasibility study regarding several key issues including input from and communication with the public and various stakeholder groups; site selection; fund-raising and naming opportunities; and an analysis of best practices and design; and WHEREAS, the proposed stadium is intended to serve not only as an athletic facility to house the CSU football program and other sports activities, but also as a multipurpose facility with space available for use by CSU throughout the year; and WHEREAS, a subcommittee of the Committee, with assistance from the Center for Public Deliberation, has conducted a wide range of public outreach and dialogue activities with stakeholders and the community related to the Committee’s written feasibility study; and WHEREAS, public debate about the feasibility of the proposed on-campus stadium has been rigorous and extensive; and WHEREAS, numerous Fort Collins citizens have expressed interest in having a question about the possible construction of the stadium presented to the registered electors of the City for Dr. Frank’s consideration; and WHEREAS, Article X, Section 3 of the City Charter provides that the City Council may, without petition therefor, submit any question to a vote of the people at a special election; and WHEREAS, on August 21, 2012, the City Council adopted on second reading Ordinance No. 066, 2012, calling a special municipal election on November 6, 2012, to be held in conjunction with the Larimer County General Election, for the purpose of submitting a ballot issue to the electorate that would reverse the voter-imposed ban on medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused product manufacturing within the City; and WHEREAS, because of the potential impacts that the proposed stadium would have on the City’s infrastructure and services, and on the residents of the City, the City Council believes that it would be in the best interests of the City for City residents to be given an opportunity to express their opinion about the possible construction of the new stadium by participating in an advisory, non-binding measure to be placed on the November ballot. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby submitted to the registered electors of the City of Fort Collins at a special election to be conducted in conjunction with the Larimer County General Election to be held on Tuesday, November 6, 2012, the following advisory ballot question: CITY OF FORT COLLINS CITY-INITIATED BALLOT ISSUE ARE YOU IN FAVOR OF COLORADO STATE UNIVERSITY CONSTRUCTING A NEW FOOTBALL STADIUM ON ITS MAIN CAMPUS? YES ____ NO ____ Section 2. That the City Clerk is hereby directed to certify the above ballot issue for the Larimer County General Election to the Larimer County Clerk and Recorder no later than September 7, 2012. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk DATE: September 4, 2012 STAFF: Josh Birks SeonAh Kendall AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 33 SUBJECT Resolution 2012-088 Approving an Agreement Between the City and Forney Industries to Provide Business Investment Assistance. EXECUTIVE SUMMARY This Resolution considers a Business Investment Agreement between the City of Fort Collins and Forney Industries, Inc. (Forney). Forney is considering expanding operations at its facility located at 1830 LaPorte Avenue, which is currently located in Larimer County. Forney has an 80-year relationship with the City and currently employs 120 people at the LaPorte site and 203 in the Northern Colorado area. In 2011, Forney grew by 13.5% and made a $4.2 million investment in infrastructure that resulted in eight new jobs. An additional investment of $750,000 is anticipated for 2012 and 2013, which includes an expansion of its operations on 1830 LaPorte Avenue. This expansion would add six professional jobs and approximately twelve hourly employees. Accommodating the expansion requires Forney to tap into the City’s sewer system and, consequently, annex into the City. Annexation exposes Forney to additional business costs in terms of sales and use tax, and the City has been asked to develop a business assistance package to mitigate some of the initial increases and offset costs associated with connecting to the sewer system. The business assistance package presented includes three components: (1) a three-year sales tax rebate of the non-dedicated portion of sales tax (2.25%), which amounts to approximately $15,000 per year, for a total incentive of $45,000; (2) a personal property tax rebate equal to half the personal property taxes upon annexation representing a value of $399 per year, or $3,990 over a 10-year period; and (3) a real property tax rebate on the real property taxes due upon annexation the rebate representing a value of $2,672 per year, or $26,720 over a 10-year period. The City of Fort Collins’ Business Investment Agreement requires Forney Industries, Inc. to annex into the city limits before providing assistance. The investments proposed relate to revenues the City would not otherwise collect if the annexation does not occur within the City. City Council is being asked to consider the proposed assistance package valued at approximately $75,710. BACKGROUND / DISCUSSION In June 2012, the City of Fort Collins adopted the new Economic Health Strategic Plan (EHSP) as a continuous evolution of the previous economic planning efforts. The Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis conducted in the EHSP evaluated the economic, demographic, and workforce characteristics on a local, state/region, and national/international level. The EHSP SWOT analysis acknowledged skills mismatch as a concern voiced by regional manufacturers. Forty-one percent of the population in the Fort Collins Metropolitan Statistical Area age 25 or older have a bachelor’s degree or higher. However, close to two-thirds of the jobs require only on-the-job training or prior experience. The skills mismatch creates both opportunities and challenges for the City. Bringing the skills of residents and the talent requirements of employers into balance can greatly benefit the city. It enhances local employers’ ability to fill open positions with local talent. It also creates an opportunity to move under-employed people into better jobs and to move unemployed people into the jobs those under-employed currently occupy. The new EHSP has identified four goals as the pillar of the plan: • Facilitate a stronger support network for existing employers, new businesses, and small business; • Enhance the innovation ecosystem and the economy that supports companies at all stages and aligns with City goals; • Create a system for talent development, retention and recruitment that responds to and anticipates employers’ needs; • Develop community assets and infrastructure necessary to support the region’s employers and talent. This Resolution addresses the Economic Health Office’s goal of facilitating a stronger business support network for existing employers, new businesses, and small business. Strengthening the support network for businesses in Fort Collins is the first objective of the Plan. This recognizes that the existing employers and small businesses are the backbone of Fort Collins. The Economic Health Office believes that this resolution is a sound move in strengthening September 4, 2012 -2- ITEM 33 the support network, and diversifying the employment and tax base of the community. In addition, the EHSP acknowledges the economic and community impact of a primary employer closing or relocating out of the City of Fort Collins, a distinct possibility for Forney. COMPANY BACKGROUND Forney Industries, Inc. has been established in the community for 80 years, beginning in 1932. Forney Industries is a distribution/light manufacturing center that distributes Forney labeled goods such as auto generators, battery chargers, electric welders, and welding supplies. In addition to its distribution center, Forney Industries acts as a third- party replenishment supplier. In 2011, Forney Industries purchased a new warehouse and distribution facility in the Fort Collins area. Forney currently employs 120 people at the LaPorte site and plans to add 6 professional jobs and 12 hourly employees (estimated average annual wage per employee is $49,000) within the next three years. BUSINESS ASSISTANCE The Economic Health Office does not use a “one size fits all” approach when it comes to business assistance packages. The request for tax incentives involves a multi-step process. After initial contact/request and investigation, the Economic Health Office drafts a package based on detailed information from the company in regard to estimated costs for expansion and/or relocation, estimated new jobs, etc. After development of the business assistance package, the Economic Health Director and staff presents the information to the Economic Advisory Committee and the Council Finance Committee for their feedback and recommendations. After feedback and recommendations from these committees, the Business Assistance Package is presented to City Council for its consideration. The Business Assistance Package being offered to Forney Industries is consistent with both the EHSP and the City Council directives: • The proposed Business Investment Agreement rebates sales tax revenues (non-dedicated sales tax collections of 2.25%; dedicated sales tax such as Keep Fort Collins Great will not be rebated) to offset the cost of connecting to sanitation sewer and lessening the burden of increased costs for sales tax due after annexation. • The EHSP clearly identifies business retention and expansion as a principal goal for the City’s job creation efforts over business attraction; the proposed expansion supports this goal. PROJECT OVERVIEW Forney Industries, Inc. plan for expansion would necessitate tapping into the City of Fort Collins’ sewer system, thus triggering annexation. Due to the nature of annexation, Forney Industries will become subject to additional tax burdens once within City limits. The City of Fort Collins Sales Tax Department estimates annual sales tax increase of approximately $24,000 upon annexation. Cost of annexation and expansion will cost Forney approximately $75,500 the first year and approximately $38,500 thereafter (Attachment 1). The Economic Health Office is proposing a performance-based package valued at $75,710. It should be noted that the sales tax rebate does not include any dedicated sales tax collections such as Keep Fort Collins Great. In addition, it will be Forney Industries’ responsibility to collect and submit sales tax receipts from actual purchases in order to receive this assistance. The package includes the following items shown in Table 1. September 4, 2012 -3- ITEM 33 Table 1: Forney Business Assistance Package Annexation Annual Total On-Going Investments Duration Personal Property Tax Rebate 10 years $ 399 $ 3,990 Real Property Tax Rebate 10 years $ 2,672 $26,720 Sales Tax Rebate 3 years $15,000 $45,000 Total On-Going $18,071 $75,710 Source: City of Fort Collins - Economic Health FINANCIAL / ECONOMIC IMPACTS Forney’s decision to annex into the City of Fort Collins limits will have both short- and long-term implications to the City. The City of Fort Collins Sales Tax Department estimates annual sales tax increase of approximately $24,000 upon annexation. Of the $24,000 collected, the Business Assistance Package proposal is to rebate $15,000 of non- dedicated sales tax (2.25%) for a three-year period. Forney Industries will be required to incur costs to tap into the City’s sewer system, which are estimated at approximately $32,000. In addition, the City of Fort Collins will be collecting 9.797 mill on personal and real property taxes that otherwise would not have been collected without Forney’s annexation into City limits. The estimated personal and real property tax collected from Forney to the City of Fort Collins upon annexation into City limits is $6,142 per year, of which, the Economic Health Office is proposing a rebate of $3,071 annually for ten years. Anticipated net revenues (based on information provided by Forney) for sales tax collected, real property tax collected and personal property collected from Forney to the City (after rebates) during the collection and rebate period of 2012 – 2024 is approximately $304,000. It should be noted that these anticipated net revenues is not all-inclusive and additional fees and taxes due are the responsibility of Forney. ENVIRONMENTAL IMPACTS The environmental impact of Forney’s annexation will have significant environmental implication to the City of Fort Collins. In 2006, the City of Fort Collins conducted the Northwest Subarea Plan. The plan identified two areas where drainage and flooding occur: 1) the West Vine Basin and 2) the Poudre River Basin. Forney’s land is located within the identified West Vine Basin, which floods periodically along Soldier Creek due to inadequate storm water outlets. Currently, Forney’s sewer drains into a leech field. If a septic system is properly designed and operated, a leech field system is safe. However, leech field septic systems only have an average useful life of 20 – 30 years and can become problematic for industrial type usage (such as accidental flow of non-sanitary waste, stress on the system, etc.). The Larimer County Environmental Health Department supports Forney Industries utilization of the City’s sewer system. The annexation will allow for a cleaner, safer disposal of all waste to reduce negative effects to the soil and groundwater properties. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. September 4, 2012 -4- ITEM 33 BOARD / COMMISSION RECOMMENDATION On August 15, 2012, the Economic Advisory Commission was presented information in regard to the Forney Business Assistance Package. The Economic Advisory Commission voted 7-1 in favor of the Business Assistance Package. In addition, on August 20, 2012, the Council Finance Committee were provided information in regard to the Forney Business Assistance Package and were in favor of moving Resolution 2012-088 forward. ATTACHMENTS 1. Forney Rebate Schedule 2. Economic Advisory Commission Minutes (draft), 8/15/12 3. Forney Industries Context Map 4. Forney Industries Site Map 5. Powerpoint presentation Year Taxes are Paid 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Sales Tax Totals Sales Tax Collected 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 312,000 Sales Tax Rebate Paid ‐ 3,750 15,000 15,000 11,250 45,000 Personal Property Tax Personal Property Collected 798 798 798 798 798 798 798 798 798 798 798 8,778 Personal Property Rebate Paid 399 399 399 399 399 399 399 399 399 399 3,990 Real Property Tax Real Property Collected 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 58,784 Real Property Rebate Paid 2,672 2,672 2,672 2,672 2,672 2,672 2,672 2,672 2,672 2,672 26,720 Total Taxes Paid 24,000 24,000 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 379,562 Total Taxes Rebated 3,750 15,000 18,071 14,321 3,071 3,071 3,071 3,071 3,071 3,071 3,071 3,071 75,710 Forney Business Assistance Rebate Analysis ATTACHMENT 1 ATTACHMENT 2 S SHIELDS ST N SHIELDS ST LAPORTE AVE W VINE DR S TAFT HILL RD N TAFT HILL RD INDUSTRIES FORNEY INC OF FORT CITY COLLINS BROADCASTING JACOR OF CO Forney500Feet Context Industries Map 0 250 Printed: August 21, 2012 City Limits ± Annexation Parcels !"`$ ³I ÕZYXW ÉZYXW City of Fort Collins ATTACHMENT 3 LAPORTE AVE INDUSTRIES FORNEY INC CITY COLLINS OF FORT BROADCASTING JACOR OF CO Forney200Feet Site Industries Map 0 100 Printed: August 21, 2012 City Limits ± Annexation Parcels ATTACHMENT 4 8/28/2012 1 1 Forney Industries Business Assistance Package Presented by: Josh Birks, Economic Health Director SeonAh Kendall, Economic Health Analyst 2 Company History • Started in 1932; 80-year history • Distribution company – Forney labeled • 2011 purchased a new Warehouse and Distribution Facility (added 60,000SF) • Employs 120 people at the LaPorte site; 203 total in Northern Colorado • Currently Larimer County ATTACHMENT 5 8/28/2012 2 3 Annexation • Located within Fort Collins’ Growth Management Area • Connection to City’s sewer system • Annexation exposes Forney to additional business costs – wastewater, stormwater, and sales and use tax • September 4th and September 18th 4 8/28/2012 3 5 Forney’s Cost • Forney will incur costs of: – Approx. $32,000 to tap into sewer – Approx. $5,000 in annexation filings – Approx. $8,500 in storm and wastewater costs annually – Approx. $24,000/annually increased sales and use tax – Approx. $6,000/annually in personal and real property tax • Total first year costs = $75,500; thereafter, $38,500/annually 6 Project Overview • Mitigating costs of annexation • Additional investment by Forney of $750,000 is anticipated in 2012 – Adding 6 professional jobs and 12 hourly employees with an average salary of $47,000/annually for the professional jobs • Three components: – Sales Tax Rebate: $15,000/annually for 3 years • Excludes dedicated sales tax such as Keep Fort Collins Great – Personal Property Tax Rebate: $399/annually for 10 years – Real Property Tax Rebate: $2,672/annually for 10 years 8/28/2012 4 7 Business Assistance Package Total Estimated Annual Total Net Revenue Revenue Rebate Rebate over Rebate Period On-Going Investments Duration Personal Property Tax Rebate 10 Years $798 $399 $3,990 $4,788 Real Property Tax Rebate 10 Years $5,344 $2,672 $26,720 $32,064 Sales Tax Rebate 3 Years $24,000 $15,000 $45,000 $267,000 Total On-Going $30,142 $18,071 $75,710 $303,852 8 Environmental Considerations • In February 2012, the City of Fort Collins acquired 35 acres from Forney – Located north – Intended usage: regional detention pond • Currently, Forney’s sewer drains into a leach field – If property designed and operated, leach fields are safe • Useful life of 20 – 30 years – May negatively affect soil and groundwater properties 8/28/2012 5 9 Recommendations • Economic Advisory Commission – Voted 7-1 in favor • Council Finance Committee – Recommended moving forward with the assistance package • Economic Health Office – Recommends adoption of the Resolution 10 RESOLUTION 2012-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT BETWEEN THE CITY AND FORNEY INDUSTRIES, INC. TO PROVIDE BUSINESS INVESTMENT ASSISTANCE WHEREAS, Forney Industries, Inc. (“Forney”) intends to submit an annexation petition to the City to annex the property upon which its manufacturing operation is located at 1830 LaPorte Avenue; and WHEREAS, in connection with the annexation, Forney will be expanding its business operations and creating an additional six jobs with an average an annual salary of $47,000, which jobs would provide a significant economic development benefit to the community at large; and WHEREAS, the Forney annexation and expansion is anticipated to increase annual sales tax revenue, personal property tax revenue, and real property tax revenue for the City by approximately $304,000 net of the rebates over the ten-year term of the Agreement; and WHEREAS, City staff has been working with Forney to discuss ways in which the City can provide financial assistance to Forney that will enhance the likelihood that the annexation and expansion will be pursued; and WHEREAS, City staff has prepared for City Council's consideration a proposed agreement between the City and Forney (the “Agreement”), which Agreement sets forth the terms and conditions upon which financial assistance will be provided to Forney by the City and is attached as Exhibit "A"; and WHEREAS, the City Council has determined that providing financial assistance to Forney as provided in the Agreement is in the best interests of the City and will serve the important public purposes of increasing employment in the City, stabilizing and improving the long term tax base of the City and providing additional economic development benefits to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that providing financial assistance to Forney, upon the terms and conditions contained in the Agreement, is in the best interests of the City and serves the important public purposes of increasing employment within the City, stabilizing and improving the long-term tax base of the City, and promoting economic development within the City. Section 2. That the Agreement, in substantially the form contained in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved by the City Council, subject to such modifications as may be deemed necessary by the City Manager, in consultation with the City Attorney, in order to further the purposes of the Agreement. Section 3. That the City Manager is hereby authorized to execute the Agreement on behalf of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk 1 BUSINESS INVESTMENT AGREEMENT FOR ECONOMIC DEVELOPMENT RELATED TO FORNEY INDUSTRIES, INC. THIS AGREEMENT is entered into this 28th day of September, 2012, by and between the City of Fort Collins, Colorado, a home rule municipal corporation (the “City”), and Forney Industries, Inc., a Colorado Corporation (“Forney”). RECITALS WHEREAS, Forney is the owner of property located at 1830 LaPorte Avenue, Fort Collins, Colorado that is more fully described in Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Forney has committed to petitioning City Council to annex the Property into the City by September 28, 2012; and WHEREAS, the annexation will enable the City to better maintain its place as the regional business center of Northern Colorado in the face of competing facilities that could otherwise draw significant employment opportunities out of the Fort Collins community; and WHEREAS, Forney estimates that as a result of the annexation they will be expanding operations and creating approximately 6 new professional jobs with an average salary of $47,000 annually; and WHEREAS, the City’s Economic Health Office has concluded that the Project will generate a substantial increase in tax revenue for the City, including approximately (i) $ 312,000 gross sales tax; (ii) $8,778 in gross new personal property tax in the first ten years; and (iii) $ 58,784 in gross new real property tax in the first ten years; and WHEREAS, according to the Economic Health Office the annexation and related operations will prevent high‐paying jobs from leaving Fort Collins to other sites in Northern Colorado and elsewhere; and WHEREAS, according to the Economic Health Office, the annexation and related expansion of operations will keep a manufacturing and distribution business in the City; and WHEREAS, Forney has requested that the City enter into a business investment agreement for economic development; and WHEREAS, based on Forney’s representations that (i) they will use commercially reasonable efforts to annex the Property into the City, (ii) the expansion of operations will maintain a manufacturing and distribution facility that will be owned and operated by Forney, EXHIBIT A 2 (iii) new jobs will be generated, and (iv) that they intend to have a reasonable expectation of long‐term operations in the City; and WHEREAS, in order to encourage the Project, the City Council has determined, through the adoption of Resolution 2012‐088 on August 21, 2012, that it is in the best interests of the City to provide a package of financial assistance consisting of three components: a rebate of new City sales tax revenues generated by Forney after they annex; a rebate of City personal property tax after they annex; and the rebate of City real property tax after they annex; and WHEREAS, the City Council has further determined, through the adoption of Resolution 2012‐088 that providing the financial assistance described in this Agreement to Forney will serve the important public purposes of increasing employment in the City, stabilizing and improving the long term tax base of the City, and providing additional economic development benefits to the City. NOW, THEREFORE, in consideration of the promises contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows. SECTION 1. DEFINITIONS Application for Sales Tax Rebate means the application process for a sales tax rebate using City approved forms consistent with the form attached as Exhibit B and specifically including the following information: vendor name, invoice number and date, purchase price, and amount of Fort Collins tax paid; invoices may not need to be submitted at the time of the application. Charter means the Home Rule Charter of the City. City means the City of Fort Collins, Colorado, a home rule municipal corporation. Code means the Code of the City of Fort Collins. County Assessor means the Larimer County Assessor. Effective Period means the period following annexation of the Property and continuing during Forney’s ownership of the Property. Forney means Forney Industries, Inc., a Colorado Corporation and its subsidiaries. Land Use Code means the Fort Collins Land Use Code. Personal Property means all Forney’s corporeal personal property in the City. 3 Petition for Annexation means that petition to annex the Property, as shown in Exhibit A, into the City pursuant to the relevant provisions of the Code, Land Use Code, and state law. Real Property means the Property as described on Exhibit A. Sales Tax Rebate means the rebate of City sales tax to Forney described in Section 3 of this Agreement. SECTION 2. REPRESENTATIONS AND COVENANTS 2.1. The City represents and covenants that: 2.1.1. The City is a home rule municipal corporation of the State of Colorado. 2.1.2. There is no litigation or administrative proceeding pending or, to the knowledge of the City, threatened, seeking to question the authority of the City to enter into or perform this Agreement. 2.1.3. The City reasonably believes that it has the authority to enter into the Agreement, and, assuming such authority, the City Council has properly and regularly authorized the City to enter into the Agreement. 2.2. Forney represents and covenants that: 2.2.1. Forney is a corporation, duly organized and validly existing under the laws of the State of Colorado, is authorized to do business in the State of Colorado, is not in violation of any provisions of its organizational documents or, to its knowledge, the laws of the State of Colorado. 2.2.2. Forney has the power and legal right to enter into the Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action, which Agreement will be enforceable against Forney in accordance with its terms. 2.2.3. The consummation of transaction contemplated by this Agreement will not violate any provision of the governing documents of Forney or, to its knowledge, constitute a default or result in the breach of any term or provision of any contract or agreement to which Forney is a party or by which it is bound. 2.2.4. To its knowledge, there is no litigation, proceeding, or investigation contesting the power of authority of Forney with respect to the annexation, expansion of operations, or this Agreement, and Forney is unaware that any such litigation, proceeding, or investigation has been threatened. 4 2.2.5. Forney has submitted a Petition for Annexation to the City in accordance with all applicable procedures set forth in the Code, Land Use Code, and Colorado law and has committed to take that Petition to the Fort Collins City Council no later than September 4, 2012, with final approval by September 28, 2012. 2.2.6. In annexing and expanding its operations on the Property, Forney will comply with all applicable zoning and land use requirements and other applicable federal, state, county, and City statutes, rules, regulations and ordinances. 2.2.7. Forney currently intends to operate, or cause to operate, a manufacturing and distribution facility for a period of not less than ten years beginning on December 31, 2012. 2.2.8. Forney will cooperate with the City in taking reasonable actions to defend against any litigation brought by a third party concerning the annexation, expansion of operations, or this Agreement. SECTION 3. PAYMENT AND REIMBURSEMENT OF SALES TAX 3.1. Forney shall pay to the City all City sales tax due from Forney for its operations during the Effective Period. 3.2. For purposes of this Agreement the parties agree that the rebate for sales taxes contemplated by this Agreement shall be based upon the base sales tax rate of 2.25% and shall specifically excludes any dedicated tax approved by City voters, including but not limited to: 3.2.1. A .25 percent tax approved by City voters to be used specifically for streets and transportation and currently due to expire on December 31, 2015; 3.2.2. A .25 percent tax approved by City voters to be used specifically for general city projects due to expire on December 31, 2015; 3.2.3. A .25 percent tax approved by City voters to be used specifically for natural areas and due to expire on December 31, 2030; and 3.2.4. A .85 percent tax on all non‐exempt taxable items, to be used for certain specified purposes and to be levied for a ten year period, beginning January 1, 2011, and ending December 31, 2021. 5 3.3. To the extent permitted by the constitution and laws of the State of Colorado and the Charter, including but not limited to, applicable prohibitions on multiple fiscal year obligations and the condition that all financial obligations be contingent upon the appropriation of funds sufficient and intended therefore by the City Council of the City, in its sole discretion, the City agrees to rebate to Forney the City sales tax paid by Forney under the terms set forth in paragraph 3.3.1, 3.3.2, 3.3.3, 3.3.4, and 3.3.5 below (the “Sales Tax Rebate”). If, as presently contemplated by the parties, the contingencies described in those paragraphs and this Agreement are satisfied, and subject to the legal limitations as noted above, the City will rebate to Forney up to one hundred percent (100%) of City sales tax paid by Forney for the period beginning September 28, 2012 and ending September 27, 2015(the “Rebate Period”) subject to a limit on the total sales tax rebate amount of Forty‐Five Thousand Dollars ($45,000) (the “Maximum Sales Tax Reimbursement”) and subject to annual maximum amounts of $3,750 for partial year 2012, $15,000 for 2013, $15,000 for 2014, and $11,250 for the partial year 2015. (the “Maximum Annual Cap”). 3.3.1. The Sales Tax Rebate shall be conditioned upon the full and timely payment by Forney to the City of all City sales tax due and owing from Forney. If this contingency has not been satisfied or is no longer satisfied as of the dates set forth below, no such Sales Tax Rebate, or any subsequent Sales Tax Rebate or other incentive payment provided in this Agreement, will be paid until payment of the City sales tax past due, with any applicable penalties and interest, is cured. Furthermore, in order to be eligible for any Sales Tax Rebate hereunder, Forney shall submit an Application for Sales Tax Rebate that satisfies all terms and conditions of that Application for Sales Tax Rebate. The Application for Sales Tax Rebate must be submitted as follows: 3.3.2. For rebate of City sales tax paid between September 28, 2012, and December 31, 2012, submit the Application for Sales Tax Rebate on or before March 31, 2013. The City’s Sales Tax Rebate to Forney for 2012 sales taxes hereunder will be due and payable no later than June 30, 2013 (the “First Payment”) and will not exceed $3,750. 3.3.3. For the rebate of City sales tax paid during 2013, submit the Application for Sales Tax Rebate on or before March 31, 2014. The related Sales Tax Rebate will be due and payable to Forney no later than June 30, 2014 (the “Second Payment”) and will not exceed $15,000. 3.3.4. For the rebate of City sales tax paid during 2014, submit the Application for Sales Tax Rebate on or before March 31, 2015. The related Sales Tax Rebate will be due and payable no later than June 30, 2015 (the “Third Payment”) and will not exceed $15,000. 6 3.3.5. For the rebate of City sales tax paid between January 1, 2015, and September 27, 2015, submit the Application for Sales Tax Rebate on or before December 31, 2015. The related Sales Tax Rebate will be due and payable no later than March 31, 2016 (the “Final Payment”) and will not exceed $11,250. 3.4. The City, in its sole discretion, may pre‐pay all or any portion of the Sales Tax Rebate without penalty. 3.5. Forney assumes all risk associated with any legal contingencies limiting the City’s obligation to make any payments in future fiscal years and conditioning all future fiscal year obligations on the City’s discretionary appropriation of funds therefor. 3.6. In the event that the annexation of the Real Property has not been finalized by September 28, 2012, as presently contemplated by the parties, the Rebate Period and maximum amounts referenced in paragraph 3.3 above, as well as the maximum amounts referenced in subparagraphs 3.3.2 and 3.3.5 will be adjusted to reflect the actual effective date of the annexation ordinance. 3.7. It is not the parties’ intent that Forney be paid or entitled to any interest or penalty on sales taxes paid by Forney, or any penalty or interest on Sales Tax Rebate payments delayed or withheld by the City. 3.8. In addition to the limit of the Maximum Sales Tax Reimbursement, the parties further acknowledge and agree that the City is in no way responsible for the amount of City sales tax actually paid or collected for any equipment or corporeal property of Forney. 3.9. The parties agree that the provisions of this Agreement do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation or provision. The commitment of the City to pay the Sales Tax Rebate under this Agreement is from year to year only and does not constitute a mandatory payment obligation of the City in any fiscal year beyond the present fiscal year. This Agreement does not directly or indirectly obligate the City to make any payment of a Sales Tax Rebate beyond those for which funds have been appropriated as of the date of this Agreement. The City Manager (or any other officer or employee at the time charged with the responsibility of formulating budget proposals) shall make a good faith effort to include in the budget proposals and appropriation ordinances proposed to the City Council, in each year prior to expiration of this Agreement, amounts sufficient to meet the City’s commitments hereunder, subject to the conditions and contingencies set forth herein. Notwithstanding the foregoing, the parties expressly acknowledge that the decision as to whether to appropriate such amounts is in the discretion of the City Council. 7 3.10. Under no circumstance will Forney be assessed or be liable for any City sales and usetaxes with respect to any equipment or other corporeal property purchased and delivered to Forney prior to the annexation of the Property. The parties specifically acknowledge and agree that a rebate of use tax is not contemplated as part of this Agreement. SECTION 4. PAYMENT AND REBATE OF PERSONAL PROPERTY TAXES 4.1. Forney shall pay to the City all personal property taxes due from Forney associated with its operations on the Property during the Effective Period. 4.2. To the extent permitted by the constitution and laws of the State of Colorado and the Charter, including but not limited to, applicable prohibitions on multiple fiscal year obligations and the condition that all financial obligations be contingent upon the appropriation of funds sufficient and intended therefore by the City Council of the City, in its sole discretion, the City agrees to rebate to Forney a portion of the City personal property taxes paid under the terms and conditions set forth in paragraph 4.3 below (the “Personal Property Tax Rebate”). If, as presently contemplated by the parties, the contingencies described in paragraph 4.3 and this Agreement are satisfied as to each of the ten payments provided for therein, and subject to the legal limitations as noted above, the City will rebate to Forney up to the amount shown on the Payment Schedule defined below, of City personal property taxes actually paid in the increments and for the time periods described therein, subject to a limit on the total amount of Personal Property Tax Rebate to be paid by the City of Three Thousand Nine Hundred Ninety Dollars ($3,990) in total, and a limit on each annual payment of Three Hundred Ninety‐Nine Dollars ($399). 4.3. The payments of Personal Property Tax Rebates referenced in paragraph 4.2 above will be made by the City to Forney as follows: 4.3.1. Forney and the City have jointly created a schedule of estimated personal property taxes to be paid (“Payment Schedule”) associated with the Property as described in this Agreement, attached hereto and incorporated herein by this reference as Exhibit C. This Payment Schedule also provides the basis for a schedule of personal property tax rebate payments, which shall be 50% of the City personal property taxes paid by Forney up the maximum amounts set forth above. 4.3.2. The annual Personal Property Tax Rebate contemplated by this Section will be paid by December 31 of each year, with the first such annual payment scheduled for 2015 as set forth in the Payment Schedule. 4.3.3. Forney expressly agrees that no portion of the Personal Property Tax Rebate will be paid if, at the time specified for payment, Forney: 8 (a) has not continuously conducted it operations on the Property as described in this Agreement; or (b) has not actually paid to the City during the relevant tax year personal property taxes equal to or greater than two times the Personal Property Tax Rebates for that year, as set forth in the appropriate payment schedule; or (c) has not actually paid to the City during the term of this Agreement total personal property taxes equal to or greater than two times the total Personal Property Tax Rebates paid to date under the Agreement, including the pending payment. 4.4. The City reserves the right to modify the Payment Schedule in the event that material change to the City’s mill levy or personal property tax assessment methodology would make the Payment Schedule provided herein inconsistent with the parties’ intent that the Personal Property Tax Rebate not exceed fifty percent (50%) of the amount of personal property tax actually collected by the City for the personal property installed and operating as part of Forney’s business operations on the Property. 4.5. The parties agree that the City may, at its option, require Forney to make available to the City all documents that verify the purchase of Personal Property installed or used on the Property, including the County Assessor’s certification of value. The City agrees that, except as otherwise provided by law or applicable court order, such documents constitute privileged information and confidential financial data within the meaning of the Colorado Open Records Act, and, to the extent permitted by law, the City shall deny the right of inspection of such documents to any third party without the consent of Forney. 4.6. The City, in its sole discretion, may pre‐pay all or any portion of the Personal Property Tax Rebate without penalty. 4.7. Forney assumes the entire risk that the annexation and operations on the Property will be approved and maintain operations at the levels sufficient to generate the level of personal property tax identified above, and the risk that all or any portion of the Personal Property Tax Rebate may be forfeited unless the requirements of this Agreement have been satisfied. Forney further assumes all risk associated with legal contingencies limiting the City’s obligation to make any payments in future fiscal years and conditioning all future fiscal year obligations on the City’s discretionary appropriation of funds therefor. 4.8. It is not the parties’ intent that Forney be paid or entitled to any interest or penalty on personal property taxes paid, or any penalty or interest on Personal Property Tax Rebate payments delayed or withheld by the City. 9 4.9. The parties agree that the provisions of this Agreement do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation or provision. The commitment of the City to pay the Personal Property Tax Rebate described in this Agreement is from year to year only and does not constitute a mandatory payment obligation of the City in any fiscal year beyond the present fiscal year. This Agreement does not directly or indirectly obligate the City to make any payment of any Personal Property Tax Rebate beyond those for which funds have been appropriated as of the date this Agreement. The City Manager (or any other officer or employee at the time charged with the responsibility of formulating budget proposals) shall make a good faith effort to include in the budget proposals and appropriation ordinances proposed to the City Council, in each year prior to expiration of this Agreement, amounts sufficient to meet the City’s commitments hereunder, subject to the conditions and contingencies set forth herein. Notwithstanding the foregoing, the parties expressly acknowledge that the decision as to whether to appropriate such amounts is in the discretion of the City Council. SECTION 5. PAYMENT AND REBATE OF REAL PROPERTY TAXES 5.1. Forney shall pay to the City all real property taxes due from Forney associated with its operations on the Property during the Effective Period. 5.2. To the extent permitted by the constitution and laws of the State of Colorado and the Charter, including but not limited to, applicable prohibitions on multiple fiscal year obligations and the condition that all financial obligations be contingent upon the appropriation of funds sufficient and intended therefore by the City Council of the City, in its sole discretion, the City agrees to rebate to Forney a portion of the City real property taxes paid for the real property under the terms and conditions set forth in paragraph 5.3 below (the “Real Property Tax Rebate”). If, as presently contemplated by the parties, the contingencies described in paragraph 5.3 and this Agreement are satisfied as to each of the ten payments provided for therein, and subject to the legal limitations as noted above, the City will rebate to Forney up to the amount shown on the Payment Schedule defined below, of City real property taxes actually paid for the real property in the increments and for the time periods described therein, subject to a limit on the total amount of Real Property Tax Rebate to be paid by the City of Twenty Six Thousand Seven Hundred Twenty Dollars ($26,720) in total, and a limit on each annual payment of Two Thousand Six Hundred Seventy‐Two Dollars ($2,672). 5.3. The payments of Real Property Tax Rebates referenced in paragraph 5.2 above will be made by the City to Forney as follows: 10 5.3.1. Forney and the City have jointly created a schedule of estimated real property taxes to be paid (the “Payment Schedule”) associated with the Property as described in this Agreement, attached hereto and incorporated herein by this reference as Exhibit C. This Payment Schedule also provides the basis for a schedule of real property tax rebate payments, which shall be 50% of the City real property taxes paid by Forney up to the maximum amount set forth above. 5.3.2. The annual Real Property Tax Rebate contemplated by this Section will be paid by December 31 of each year, with the first such annual payment scheduled for 2015 as set forth in the Payment Schedule. 5.3.3. Forney expressly agrees that no portion of the Real Property Tax Rebate will be paid if, at the time specified for payment, Forney: (a) has not continuously conducted it operations on the Property as described in this Agreement; or (b) has not actually paid to the City during the relevant tax year real property taxes equal to or greater than two times the Real Property Tax Rebates for that year, as set forth in the appropriate payment schedule; or (c) has not actually paid to the City during the term of this Agreement total real property taxes equal to or greater than two times the total Real Property Tax Rebates paid to date under the Agreement, including the pending payment. 5.4. The City reserves the right to modify the Payment Schedule in the event that material change to the City’s mill levy or the County’s real property tax assessment methodology would make the Payment Schedule provided herein inconsistent with the parties’ intent that the Real Property Tax Rebate not exceed fifty percent (50%) of the amount of real property tax actually collected by the City for the Property. 5.5. The parties agree that the City may, at its option, require Forney to make available to the City all documents that verify the assessed value of the Property, including the County Assessor’s certification of value. The City agrees that, except as otherwise provided by law or applicable court order, such documents constitute privileged information and confidential financial data within the meaning of the Colorado Open Records Act, and, to the extent permitted by law, the City shall deny the right of inspection of such documents to any third party without the consent of Forney. 5.6. The City, in its sole discretion, may pre‐pay all or any portion of the Real Property Tax Rebate without penalty. 11 5.7. Forney assumes the entire risk that the annexation will be approved and the Property valuation will be sufficiently high to generate the level of real property tax identified above, and the risk that all or any portion of the Real Property Tax Rebate may be forfeited unless the requirements of this Agreement have been satisfied. Forney further assumes all risk associated with legal contingencies limiting the City’s obligation to make any payments in future fiscal years and conditioning all future fiscal year obligations on the City’s discretionary appropriation of funds therefor. 5.8. It is not the parties’ intent that Forney be paid or entitled to any interest or penalty on real property taxes paid, or any penalty or interest on Real Property Tax Rebate payments delayed or withheld by the City. 5.9. The parties agree that the provisions of this Agreement do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation or provision. The commitment of the City to pay the Real Property Tax Rebate described in this Agreement is from year to year only and does not constitute a mandatory payment obligation of the City in any fiscal year beyond the present fiscal year. This Agreement does not directly or indirectly obligate the City to make any payment of any Real Property Tax Rebate beyond those for which funds have been appropriated as of the date of this Agreement. The City Manager (or any other officer or employee at the time charged with the responsibility of formulating budget proposals) shall make a good faith effort to include in the budget proposals and appropriation ordinances proposed to the City Council, in each year prior to expiration of this Agreement, amounts sufficient to meet the City’s commitments hereunder, subject to the conditions and contingencies set forth herein. Notwithstanding the foregoing, the parties expressly acknowledge that the decision as to whether to appropriate such amounts is in the discretion of the City Council. SECTION 6. CITY’S RIGHT TO WITHHOLD OR OFFSET PAYMENTS 6.1. Following annexation of the Property, Forney agrees to comply with all City codes, ordinances, resolutions and regulations, and to pay all taxes, fees and expenses due to the City under the Code, the Land Use Code, the Petition for Annexation, or this Agreement, subject to any variances or modifications of standards that may be granted to Forney under the Code or the Land Use Code, and to comply with the terms and conditions of the Petition for Annexation. If Forney is in violation of the provisions of the Code, the Land Use Code, this Agreement or the Petition for Annexation, the City will provide written notice to Forney of such violation, and allow the Forney a period of sixty (60) days in which to cure such violation. The City may thereafter withhold any payment of Sales Tax Rebate, Personal Property Tax Rebate, or Real Property Tax Rebate due to Forney under this Agreement until such time as the violations are cured or abated. 12 6.2. In addition to the foregoing, the City, at its option, may, after the notice and after the expiration of the cure period if such violations have not been cured or abated, apply any Sales Tax Rebate, Personal Property Tax Rebate, or Real Property Tax Rebate that would otherwise be payable to Forney under this Agreement to any unpaid amounts theretofore due and payable to the City by Forney under this Agreement, the Code, the Land Use Code, or the Petition for Annexation, in which event Forney will be credited with the full amount of any such payments. SECTION 7. RECORDS AND AUDITS 7.1. Forney must keep true, accurate and complete records of all equipment and personal property installed and operated on the Property and identifying and document all equipment and Personal Property installed or operated on the Property, which records will be available for inspection by the City without unreasonable delay and without City expense. Forney agrees that the City has the right, through its duly authorized agents or representatives, to examine all such records upon ten (10) days notice at all reasonable times, for the purpose of determining the accuracy and propriety of the financial representations which have been made by Forney as well as the right to inspect and inventory the Personal Property on the Property in order to confirm that the same is in place and in use as required in connection with any rebate hereunder. This right of review and inspection exists solely to determine Forney’s compliance with this Agreement and terminates upon termination of the later of the Cityʹs payments of Sales Tax Rebate as provided in Section 3 of this Agreement, the payments of Personal Property Tax Rebates as provided in Section 4 of this Agreement, and the payments of Real Property Tax Rebates as provided in Section 5 of this Agreement. In the event that the City becomes the custodian of any such records which may contain trade secrets or confidential or proprietary information, and are so marked, the City will, to the extent permitted by law, protect the confidentiality of such information and deny any request for inspection of such records. 7.2. The City will keep, or cause to be kept, true, accurate and complete records of all calculations relating to the Sales Tax Rebate; the Personal Property Tax Rebate; the Real Property Tax Rebate; and such other calculations, allocations and payments required by this Agreement, and will make such records available for inspection by Forney upon ten (10) days notice at all reasonable times, to the extent permitted by law. SECTION 8. RESTRICTIONS ON ASSIGNMENT 8.1. The qualifications of Forney to accomplish the objectives of the City hereunder are of particular concern to the City. Therefore, no voluntary or involuntary successor in interest of Forney shall acquire any rights or powers under this Agreement except as expressly set forth herein and Forney will not assign all or any part of this Agreement, except with the prior written approval of the City Council, in its sole discretion; provided, nothing herein shall prevent Forney from ceasing or modifying its operations or selling the Property. 13 8.2. Forney must notify the City within fifteen (15) days of any and all changes whatsoever in the identity of the parties in control of Forney, or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information. SECTION 9. EVENTS OF DEFAULT; REMEDIES 9.1. Default or an event of default by Forney mean one or more of the following events: 9.1.1 Any representation or warranty made in this Agreement by Forney was materially inaccurate when made or shall prove to be materially inaccurate; 9.1.2 Forney assigns or attempts to assign this Agreement in violation of Section 8 of this Agreement; or 9.1.3 Forney fails to substantially observe or perform any other material covenant, obligation or agreement required under this Agreement. 10 In order to exercise any remedy for default hereunder, upon the occurrence of any event of default, the City shall provide written notice to Forney. Forney must immediately proceed to cure or remedy such default, and in any event, such default shall be cured within thirty (30) days after receipt of the notice, or such longer time as the City and Forney agree in writing. Upon the failure of Forney to so cure any such default, the City shall have all remedies available to it, in law or in equity, excluding specific performance. 11 Default or an event of default by the City shall mean one or more of the following events: 11.1 Any representation or warranty made in this Agreement by the City was materially inaccurate when made or shall prove to be materially inaccurate; or 11.2 The City fails to perform any material covenant, obligation or agreement required of it under this Agreement. 12 Upon the occurrence of any event of default, Forney will provide written notice to the City. The City must immediately proceed to cure or remedy such default, and in any event, such default shall be cured within thirty (30) days after receipt of the notice, or such longer time as the City and Forney agree in writing. Upon the failure of the City to so cure any such default, Forney will have all remedies available to it, in law or in equity excluding specific performance. 14 SECTION 10. NOTICES 10.1. All notices required or permitted hereunder shall be in writing and shall be effective upon mailing, deposited in the United States Mail, postage prepaid, and addressed to the intended recipient as follows. Any party can change its address by written notice to the other given in accordance with this paragraph. 10.1.1. City of Fort Collins: City of Fort Collins Attention: City Manager 300 LaPorte Avenue, PO Box 580 Fort Collins, CO 80522‐0580 10.1.2. With a copy to: City of Fort Collins Attention: City Attorney 300 LaPorte Avenue, PO Box 580 Fort Collins, CO 80522‐0580 10.1.3. Forney: Forney Industries, Inc. Attention: Steve Anderson, President 1830 LaPorte Avenue Fort Collins, Colorado 80521 10.1.4. With a copy to: Forney Industries, Inc. Attention: Kyle Pettine, COO 1830 LaPorte Avenue Fort Collins, Colorado 80521 SECTION 11. MISCELLANEOUS 11.1. Binding Effect. This Agreement inures to the benefit of and is binding upon the City and Forney and Forney’s assignees which are permitted pursuant to Section 8 of this Agreement. 11.2. No Third Party Beneficiaries. The City is not obligated or liable under the terms of this Agreement to any person or entity not a party hereto except any assignee permitted pursuant to Section 8 of this Agreement. Further, the City is not bound by any contracts or conditions that Forney may negotiate with third parties. 15 11.3. Interpretation, Jurisdiction and Venue. This Agreement is being executed and delivered and is intended to be performed in the State of Colorado, and the laws of Colorado govern the validity, construction, enforcement and interpretation of this Agreement. Exclusive jurisdiction and venue for resolution of any dispute arising hereunder will be in the Larimer County, Colorado District Court. 11.4. Entire Agreement. This Agreement embodies the whole agreement of the parties concerning financial assistance by the City. Although it is anticipated there will be at least one other agreement governing annexation issues related to the Property, there are no promises, terms, conditions, or obligations other than those contained herein exist with respect to the financial assistance package. This Agreement supersedes all provisions, communications, representations, or agreement, either verbal or written, between the parties with respect to the financial assistance package. 11.5. Waiver of Breach. A written waiver by either party to this Agreement of the breach of any term or provision of this Agreement will not operate or be construed as a waiver or any subsequent breach by another party. 11.6. Article and Section Captions. The captions of the articles and sections of this Agreement are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11.7. City and Forney Not Partners. Notwithstanding any language in this Agreement, the City is not a member, partner, or joint venturer of Forney, and the City shall not be responsible for any debt or liability of Forney or its contractors or agents. Forney is not responsible for any debt or liability of the City or their contractors or agents. 11.8. Severability. If any portion or portions of this Agreement are determined to be illegal or unenforceable, the remainder of this Agreement will not be affected thereby and will remain in full force and effect as if such illegal or unenforceable portion or portions did not exist. If all or any portion of the payments required by the terms of this Agreement are determined, by a court of competent jurisdiction in a final non‐appealable judgment, to be contrary to public policy or otherwise precluded, and if the decision of such court clearly indicates how the payments may be made differently and in a manner that is legal, valid and enforceable, then the Parties will utilize their reasonable, best, good faith efforts to promptly restructure and/or amend this Agreement in accordance with such court decision, or to enter into a new agreement, to assure, to the extent legally permissible, that all payments are made to Forney as contemplated by this Agreement. 11.9. Originals. This Agreement may be simultaneously executed in any number of counterparts, each of which will be deemed original but all of which constitute one and the same Agreement. 16 11.10. Joint Draft. The parties agree they drafted this Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. IN WITNESS WHEREOF, the City and Forney have executed this Agreement as of the date first above written. [Signatures on following pages.] 17 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Darin A. Atteberry, City Manager Attest: City Clerk Approved as to form: Assistant City Attorney FORNEY INDUSTRIES, INC. a Colorado corporation By: Name and title State of ) )ss. County of ) The foregoing was acknowledged before me this _________ day of 2012, by as Forney Industries, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 18 EXHIBIT A Parcels of land located in the Northwest Quarter of Section 10, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Commencing at the Center Quarter Corner of Section 10 and assuming the South line of the Northwest Quarter of Section 10 to bear North 89°14ʹ44ʺ West, with all other bearings herein relative thereto; Thence, North 89°14ʹ44ʺ West, 615.00 feet to the Southwest corner of Radio City Annexation, said point also being on the North line of Frey Annexation and said point being the POINT OF BEGINNING; Thence along said North line of Frey Annexation, North 89°14ʹ44ʺ West, 710.01 feet to a point on the East line of Springer Farm Annexation; thence along said East line, North 00°38ʹ55ʺ East, 435.71 feet to the North line of Springer Farm Annexation; thence along said North line, North 89°14ʹ49ʺ West, 330.72 feet to a point on the East line of Canfield Annexation; thence along said East line, North 00°42ʹ46ʺ East, 656.12 feet; thence departing said East line, South 89°24ʹ33ʺ East, 1320.17 feet; thence, South 00°23ʹ46ʺ West, 377.97 feet; thence, North 89°14ʹ44ʺ West, 285.00 feet; thence, South 00°23ʹ46ʺ West, 164.64 feet to the Northwest corner of Radio City Annexation; thence along the West line of Radio City Annexation, South 00°23ʹ46ʺ West, 308.17 feet; thence departing said West line, North 87°54ʹ20ʺ West, 249.40 feet; thence, South 07°37ʹ19ʺ East, 72.44 feet; thence, North 89°14ʹ44ʺ West, 86.39 feet; thence, North 00°23ʹ46ʺ East, 21.00 feet; thence, North 89°14ʹ44ʺ West, 83.00 feet; thence, South 00°23ʹ46ʺ West, 50.00 feet; thence, North 89°14ʹ37ʺ West, 85.00 feet; thence, South 00°23ʹ46ʺ West, 120.00 feet to a point on the North right‐of‐way line of Laporte Avenue; thence along said North right‐of‐way line, South 89°14ʹ44ʺ East, 493.58 feet to a point on the West line of Radio City Annexation; thence along said West line, South 00°23ʹ46ʺ West, 30.00 feet to the POINT OF BEGINNING. Said parcel of land contains 23.160 acres, more or less (±), and is subject to any rights‐of‐way or other easements of record or as now existing on said described parcel of land. E 19 Exhibit A EExhibit B 20 EExhibit B 21 Exhibit C Year Taxes are Paid 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Sales Tax Totals Sales Tax Collected 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 312,000 Sales Tax Rebate Paid ‐ 3,750 15,000 15,000 11,250 45,000 Personal Property Tax Personal Property Collected 798 798 798 798 798 798 798 798 798 798 798 8,778 Personal Property Rebate Paid 399 399 399 399 399 399 399 399 399 399 3,990 Real Property Tax Real Property Collected 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 5,344 58,784 Real Property Rebate Paid 2,672 2,672 2,672 2,672 2,672 2,672 2,672 2,672 2,672 2,672 26,720 Total Taxes Paid 24,000 24,000 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 30,142 379,562 Total Taxes Rebated 3,750 15,000 18,071 14,321 3,071 3,071 3,071 3,071 3,071 3,071 3,071 3,071 75,710 Forney Business Assistance Rebate Analysis Karen Weitkunat, President City Council Chambers Kelly Ohlson, District 5, Vice-President City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Aislinn Kottwitz, District 3 Wade Troxell, District 4 Gerry Horak, District 6 Cablecast on City Cable Channel 14 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Nelson, City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. GENERAL IMPROVEMENT DISTRICT NO. 1 MEETING September 4, 2012 (after the Regular Council Meeting) 1. Call Meeting to Order. 2. Roll Call. 3. First Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General Improvement District Fund for the Downtown Wayfinding Sign System. (staff: Clark Mapes; 5 minute staff presentation; 5 minute discussion) This Ordinance appropriates $500,000 from the General Improvement District No. 1 (GID) Fund for final design, fabrication and installation of a Downtown Wayfinding Sign System. Schematic design of a sign system was completed in 2009, and this appropriation provides funding to implement the system. The funds will be used to hire a sign company to develop final design and construction details, and then fabricate and install signs in collaboration and coordination with the City’s Traffic Operations sign shop. 4. Other Business. 5. Adjournment. GENERAL IMPROVEMENT DISTRICT NO. 1 AGENDA DATE: September 4, 2012 STAFF: Clark Mapes AGENDA ITEM SUMMARY GENERAL IMPROVEMENT DISTRICT NO. 1 3 SUBJECT First Reading of Ordinance No. 063, Appropriating Prior Year Reserves in the General Improvement District Fund for the Downtown Wayfinding Sign System. EXECUTIVE SUMMARY This Ordinance appropriates $500,000 from the General Improvement District No. 1 (GID) Fund for final design, fabrication and installation of a Downtown Wayfinding Sign System. Schematic design of a sign system was completed in 2009, and this appropriation provides funding to implement the system. The funds will be used to hire a sign company to develop final design and construction details, and then fabricate and install signs in collaboration and coordination with the City’s Traffic Operations sign shop. BACKGROUND / DISCUSSION A background memo is attached to provide additional background on the GID and the sign system project (Attachment 2). This request represents a reappropriation of funds first approved by the GID Board in November 2011. That original appropriation lapsed at year-end due to lack of a contract as required to encumber the monies. The reasons staff brought that original appropriation forward were: (1) to reaffirm GID Board support for the project; (2) to cover the possibility that the funds might be needed to support initiation of the contractor selection process; and (3) the lack of harm if the funding were to lapse. In late 2011, staff evaluated project staffing, work programs, and possible approaches to issuing a Request for Proposals from sign contractors and resolution of those issues extended into 2012. A Request For Proposals was been issued, and proposals have been received from sign companies. The appropriation will implement the 2009 Downtown Fort Collins Wayfinding Sign System Schematic Design Manual, which was developed in a public process in 2008 and 2009. That manual spells out parameters for a new sign system, and recommends the formation of a staff team to administer the system. It may be found online at http://www.fcgov.com/advanceplanning/pdf/downtown-sign-system-doc.pdf. Objectives of the sign system are to: • Build awareness of Downtown by announcing its presence along main thoroughfares. • Lead visitors to main Downtown entries and clarify the arrival sequence. • Guide visitors to public parking garages and lots, and make the garages more user-friendly, reducing common discomforts about using public garages. • Help visitors navigate the area and find destinations, in cars or on bikes, and then on foot once parked. • Add a sense of welcome in support of the overall image. • Enhance the identity and perception of Downtown as an interesting and desirable place with distinctive, helpful graphics. • Build awareness of attractions in and around downtown by highlighting key destinations that may not be immediately obvious. • Allow for flexibility and updating of signs over time. NEXT STEPS AND SCHEDULE The main steps in proceeding to completion, with target dates, are: • Select contractor team August 9 - September 7 • Finalize scope, schedule and contract September 10 - September 25 September 4, 2012 -2- ITEM 3 • Define phasing packages and installation responsibilities of City Sign Shop and Contractor September 26 - October 19 • Develop final messaging and construction drawings for Phase 1 installation October 22 - November 30 • Fabricate and install Phase 1 December 3, 2012 - January 24, 2013 • Develop final messaging and construction drawings, fabricate and install remainder of sign system February-March 2013 • Begin ongoing sign system program administered by a staff team Ongoing Target dates shown above are subject to confirmation with a contractor. The schedule will also be subject to weather, given the winter target dates for installations. FINANCIAL / ECONOMIC IMPACTS The appropriation of $500,000 for this project is from the GID No. 1 Fund reserve balance, which was $1,100,000 at the end of 2011. Installation of the sign system will create the need for ongoing maintenance, replacements, additions and updates. A conceptual estimate of cost for this, for planning purposes, is $5,000-$6,000 per year for materials in 2012 dollars. The division of responsibility for ongoing funding of staff time, between the City General Fund and GID No. 1, will be determined in annual budget processes. The system is intended to enhance the downtown area as a business and commercial area. ENVIRONMENTAL IMPACTS The parking signage included in the system is partly intended to reduce trolling for parking in the Downtown. The system is intended to support getting vehicles parked efficiently, thereby reducing emissions and congestion, and encouraging pedestrian use in the downtown area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH A sign system has consistently been a prominent, highly supported project in extensive public participation in the following planning efforts: • Downtown Plan (1989) • Downtown Strategic Plan (2004) • UniverCity Connections Transit and Mobility Task Group Report (2008) • Downtown Fort Collins Wayfinding Sign System Schematic Design Manual (2009). ATTACHMENTS 1. GID No. 1 Boundary map 2. Background Memo 3. Powerpoint presentation ATTACHMENT 1 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 MEMORANDUM Date: August 8, 2012 To: General Improvement District #1 Board of Directors Thru: Darin A. Atteberry, City Manager Diane Jones, Deputy City Manager – Policy, Planning and Transportation From: Karen Cumbo, Planning, Development and Transportation Director Laurie Kadrich, Community Development and Neighborhood Services (CDNS) Director Clark Mapes, City Planner Re: Downtown Wayfinding Sign System Appropriation Request This memo provides background information on the Downtown Wayfinding Sign System. The proposed sign system is a project of the Downtown General Improvement District (GID). City Council acts as the Board of Directors of the GID. The GID is self-funded by Downtown property owners for the purpose of improvements such as parking, pedestrian, and beautification facilities and amenities. A sign system has been included on GID project lists since the early 1990’s. A sign system was first recommended in the 1989 Downtown Plan, and is also recommended in the 2004 Downtown Strategic Plan. It is also consistent with recommendations in a 2008 report by UniverCity Connections. Purposes of the proposed sign system include helping visitors more easily locate public parking facilities and navigate the area, increasing awareness of Downtown attractions, and enhancing Downtown’s sense of place. The proposed system is described in the 2009 Downtown Fort Collins Wayfinding Sign System Schematic Design Manual. The manual outlines a family of signs, and explains that a significant new City program, with an interdepartmental staff team, will be required to successfully administer and maintain the system. The manual may be found online at: http://www.fcgov.com/advanceplanning/pdf/downtown-sign-system-doc.pdf Some examples of the design concepts from the manual are included at the end of this memo. ATTACHMENT 2 Downtown Wayfinding Sign System Background Memo August 8, 2012 2 The manual was developed in a public process in 2008-2009 that included meetings with stakeholders, a public open house, and a full-size outdoor mock-up demonstration. The most interested stakeholder group is the Downtown Business Association, and they are highly supportive of the system. The planning-level cost estimate for full installation of the system by a sign contractor is approximately $500,000. Value engineering in the final design phase, and the potential for some work to be done by the City’s Sign Shop, may reduce this cost. Appropriation and Implementation The next step toward implementation is an appropriation request to the GID’s Board of Directors (City Council) for $500,000 from the GID Fund. The $500,000 is available out of a fund balance of $1,100,000 at the end of 2011. The funding will be used to hire a sign contractor to prepare final design and construction details, and then fabricate and install signs in collaboration and coordination with the City’s Traffic Operations Sign Shop. Ongoing Communication As the staff team proceeds with implementation, it will continue to inform and coordinate with interested parties. In particular, the team will: o Maintain communications with the Downtown Business Association (DBA) and Downtown Development Authority (DDA). o Work with the DBA to encourage owners and businesses to become advocates for the sign system, anticipating questions about spending on signs, design choices, and other aspects of implementation. o Inform the GID Board/City Council, via memos, about implementation progress. Design Examples Within Downtown, signs would be metal with a consistent theme of mottled, weathered brown finish and background panels of textured aluminum. Parking signs build on a basic circle “P” symbol, with a flexible system allowing for additional information as appropriate to specific locations, such as the word “Downtown”, the parking facility name, or “First Hour Free.” Outside of Downtown along key inbound routes, the design style would be an adaptation of standard traffic signs to reflect the City’s branding kit, to establish the identity of Fort Collins in the sequence leading visitors to Downtown. Some examples of the schematic design are shown on the following pages. Downtown Wayfinding Sign System Background Memo August 8, 2012 3 Parking directional signs showing multiple options, to be tailored to specific locations for user- friendliness. About 8 feet Selected Examples: Downtown Wayfinding Sign System Schematic Design Downtown Wayfinding Sign System Background Memo August 8, 2012 4 Parking facility identification and entry signs: building–mounted format, at right; and freestanding vertical format, below. The freestanding sign below features a changeable information panel for information on pricing and events. These would be double-sided, dimensional cabinets with illumination. Downtown Wayfinding Sign System Background Memo August 8, 2012 5 Sign Panel Option That Can Be Wall- mounted Parking Garage/Lot “You Are Here” Pedestrian Informational Sign – Freestanding and Wall-Mounted. Would include a guide map, and be easily updatable. Sign shown as freestanding; but sign panel can be wall-mounted if more appropriate to specific locations. 1 1 Downtown General Improvement District #1 Appropriation of Funds for Downtown Wayfinding Sign System $500,000 out of $1,100,000 Balance Downtown General Improvement District #1 Appropriation of Funds for Downtown Wayfinding Sign System $500,000 out of $1,100,000 Balance 2 Reappropriates Previously Approved Funding (November 2011) Reappropriates Previously Approved Funding (November 2011) ATTACHMENT 3 2 3 General Improvement District (GID) Funding: Funded by Commercial Property Owners Downtown General Improvement District (GID) Funding: Funded by Commercial Property Owners Downtown 4 Sign System: Implements Adopted Plans and 1994 List of GID Projects Sign System: Implements Adopted Plans and 1994 List of GID Projects 3 5 Sign System Purposes 6 ► Downtown Business Association ► Downtown Development Authority ► GID Board/Council ► UniverCity Connections ► Downtown Business Association ► Downtown Development Authority ► GID Board/Council ► UniverCity Connections Ongoing Communication 4 7 Board of Directors Action Requested: Board of Directors Action Requested: Ordinance Appropriating Funds in the General Improvement District #1 Fund Ordinance Appropriating Funds in the General Improvement District #1 Fund 8 THE GID 8 ORDINANCE NO. 063 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT DISTRICT NO. 1, APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL IMPROVEMENT DISTRICT FUND FOR THE DOWNTOWN WAYFINDING SIGN SYSTEM WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the statutes of the State of Colorado; and WHEREAS, it is the desire of the City Council, acting as ex-officio Board of Directors of the GID, to appropriate $500,000 under this Ordinance for the Downtown Wayfinding Sign System Project (“the Project”); and WHEREAS, a wayfinding sign system has been included on the GID project lists since the early 1990's and was recommended in the 1989 Downtown Plan, the 2004 Downtown Strategic Plan, and in the 2008 UniverCity Connections report; and WHEREAS, the purpose of the sign system is to increase awareness of Downtown attractions, enhance public perception of the Downtown as a distinct place, help visitors better navigate the area, and easily locate public parking facilities; and WHEREAS, the funds will be used to hire a sign company to develop final design and construction details, including fabrication and installation of the signs; and WHEREAS, the Project will collaborate and coordinate with the City’s Traffic Operations Sign Shop, the Downtown Business Association, and the Downtown Development Authority; and WHEREAS, the Project will implement the 2009 Downtown Fort Collins Wayfinding Sign System Schematic Design Manual, which was developed in a public process in 2008 and 2009; and WHEREAS, City Council originally appropriated funds for this project in November of 2011 but there were no expenditures or encumbrances by December 31, 2011; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, Ex-Officio the Board of Directors of City of Fort Collins General Improvement District No. 1, that there is hereby appropriated for expenditure from prior year reserves in the General Improvement District No. 1 Fund the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000) for expenditure on the Downtown Wayfinding Sign System Project. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 18th day of September, A.D. 2012. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary N DE R ST N HOWES ST JEFFERSON ST J E R O M E S T MAIN ST COLORADO ST HO F FM A N MI L L RD P A S C A L S T WALNUT ST O V A L D R S SHERWOOD ST E MOUNTAIN AVE ENDICOTT ST 11TH ST SYCAMORE ST MU L L E I N DR EAST DR E LAUREL S T FRONTAGE RD PINE ST WOO D L AW N DR LESSER DR BEL L F L OWE R D R WEST DR OLD MAIN DR E MAGNOLIA ST LILAC LN MONTEZUMA FULLER ALLEY PENNOCK PL MARTINEZ ST ELM S T TENNEY CT LINCOLN AVE LOPEZ CT EASTDALE DR TRUJILLO ST LINDE N C ENTER DR BAUM ST S SHERWOOD ST E LAUREL ST FRONTAGE RD N LEMAY A V E N MASON ST Downtown Development Authority Boundary Map Legend Parcels Downtown Development Authority Boundary 1 inch = 1,320 feet . Amended: April 1, 2008 Printed: 1/20/2011 ATTACHMENT 4 limitation: 1. Any action prohibited by Section I.A. of this Service Plan; and 2. Actions or failures to act that create greater financial risk or burden; and modifications to this Service Plan may be made only in accor 0600.0026:458451_13 8 need for numerous amendments. Any action of the District which: (1) violates the limitations set forth in this Service Plan shall be deemed to be a material modification to this Service Plan unless otherwise agreed by the City as provided for in Section X of this Service Plan or otherwise expressly provided herein. 0600.0026:458451_13 6 Improvements are designed and constructed in accordance with the standards a of the City, including the City Code and Approved Development Plan governmental entities having proper . Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: 0600.0026:458451_13 5 conditioned upon various external factors including, but not limited to, engineering requirements, City, county or state requirem : means the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, which shall be included in the Service Plan Amendment. Maximum Debt Authorization: means the total Debt the District is permitted to issue, which shall be included in the Service Plan Amendment. 0600.0026:458451_13 3 Service Plan is preliminary in nature and subject to change as development w There are currently no other governmental entities, including the City, located in the immediate vicinity of the District that, at this time, can financially undertake the planning, design, acquisition, construction, installation, relocation, redevelopment, or financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in 458451_13 1 S COLLEGE AVE E HARMONY RD W BOARDWALK DR W TROUTMAN PKWY JOHN F KENNEDY PKWY N LEMAY AVE S LEMAY AVE N SHIELDS ST RIVERSIDE AVE S LEMAY AVE W MULBERRY ST LAPORTE AVE S MASON ST 12TH ST Warren Lake Transit Oriented Development Overlay Zone Printed: August 29, 2012 Growth Management Area Planning Overlays Transit Oriented Development City Zoning Community Commercial Community Commercial North College Community Commercial Poudre River General Commercial Limited Commercial Service Commercial Commercial North College CSU Downtown Employment Harmony Corridor Industrial High Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood Medium Density Mixed-Use Neighborhood Neighborhood Commercial Neighborhood Conservation Buffer Neighborhood Conservation Low Density Neighborhood Conservation Medium Density Public Open Lands River Conservation River Downtown Redevelopment Residential Foothills Low Density Residential Transition Urban Estate 0 0.5 1 1.5 2Miles © ATTACHMENT 2 T *No funding source has been identified at this time. FINANCIAL / ECONOMIC IMPACTS There may be increased costs to multi-family developments that must comply with the amended requirements for building design, mixed housing types and increased levels of compatibility primarily outside the Transit-Oriented Development Overlay Zone. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading.