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COUNCIL - COMPLETE AGENDA - 02/17/2015 - COMPLETE AGENDA
City of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson Interim City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting February 17, 2015 Proclamations and Presentations 5:30 p.m. None. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the minutes of the January 20, 2015 Regular Council Meeting. The purpose of this item is to approve the minutes from the January 20, 2015 Regular Council meeting. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business Customers. This Ordinance, unanimously adopted on First Reading on January 20, 2015, amends City Code to update and expand the on-bill financing pilot program per the recommendations reviewed by Council at the October 28, 2014 work session and subsequent November 17, 2014 Finance Committee meeting. The objective of the On-Bill Financing pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust interest rate and fee language and add on-bill financing sections for small business customers. On First Reading, Council discussed two specific topics: increasing the maximum allowable term to twenty years (not to exceed the useful life of the improvements ) and reducing the 2015 interest rate from the proposed 4% to 2.5%. Council requested additional information regarding the financial implications of these topics which has been added to the background section. The Ordinance language has been modified to clarify the maximum term (20 years, not to exceed the measure life). 3. Second Reading of Ordinance No. 014, 2015, Appropriating Unanticipated Grant Revenue from Federal Fiscal Year 2014 Federal Transit Administration Section 5307 and Section 5339 Grants for Transit Operations and Pass-Through to Partner Transit Agencies. This Ordinance, unanimously adopted on First Reading on February 3, 2015, appropriates funds to provide local funding in exchange for federal funding to the City’s partner transit agencies in the Transportation Management Area (TMA) - the City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning Organization (NFRMPO) and to increase appropriations for Transfort operations. The added appropriations for the swap arrangements amount to $668,616 and the added appropriations for Transfort operations amounts to $210,827 - for a total appropriation request of $879,443. All appropriations are fully funded with federal grant revenues. 4. First Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and Natural Gas Vehicles. The purpose of this item is to appropriate $67,920 and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations. 5. First Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Supplementing Construction Costs Associated with the Foothills Activity Center and to Transfer Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to increase 2015 appropriations in the City's General Fund by $404,000 for the purposes of supplementing construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost to the Activity Center. 6. First Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk Management Program. The purpose of this item is to modify City Code Sections 8-106 and 8-108 so that responsibilities related to the management and administration of the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial Officer or his or her designee. City of Fort Collins Page 4 7. First Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. The purpose of this item is to request the extension of the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 90 days. The current agreement expires March 16, 2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating mutual agreement on the final elements of the new agreement very soon. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. 8. First Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City- Owned Property to Loco Ventures LLC. The purpose of this item is to authorize the conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of the North College Improvements Project - Conifer to Willox. 9. Items Relating to Pineridge Natural Area Encroachments. A. First Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard. B. First Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Sharon and David Bottoms. C. First Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Mark and Leslie Haynam. D. First Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack. E. First Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter. F. First Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Ward and April Whicker. The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property owners who have significant and long standing encroachments on Pineridge Natural Area are requesting that City Council approve selling them the land they are encroaching upon. While this is highly unusual and certainly not something Natural Areas would normally recommend, both Natural Areas staff and the Land Conservation and Stewardship Board are recommending approval due to the unique circumstances. 10. Resolution 2015-023 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. The purpose of this item is to update and simplify the Rules of Procedure for Council meetings, and to clarify that certain provisions also apply to City Council work sessions. City of Fort Collins Page 5 11. Resolution 2015-026 Making Appointments to the Natural Resources Advisory Board and the Women's Commissions of the City of Fort Collins. The purpose of this item is to appoint Luke Caldwell and Kelly McDonnell to the Natural Resources Advisory Board; and Elizabeth Donovan, Molly Alderton, and Huston Morse to the Women’s Commission. These individuals fill vacancies that currently exist on the respective commission or board, due to resignations of boardmembers and expiration of terms. Applications have been solicited from September 2014 to present. Council teams have conducted interviews from November 2014 to present. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (five minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 12. Second Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. (staff: Delynn Coldiron, Laurie Kadrich; 5 minute staff presentation; 10 minute discussion) This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 6-1 (Nays: Weitkunat) expands the City's Smoking Ordinance to include a complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events. City of Fort Collins Page 6 13. Second Reading of Ordinance No. 016, 2015, Appropriating Prior Year's Reserves in the General Fund for Lincoln Neighborhood Improvement Projects and Directing the Formation of a Neighborhood Advisory Committee. (staff: Amy Lewin, Pete Wray, Karen Cumbo; no staff presentation; 20 minute discussion) This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 4-2 (Nays: Cunniff, Overbeck; Poppaw recused) appropriates revenue from the General Fund Reserves for design and construction of neighborhood projects identified in the Lincoln Corridor Plan. The Lincoln Corridor Plan was adopted by City Council in May 2014. The Plan includes a list of recommended infrastructure projects in the surrounding neighborhoods. The adopted 2015-2016 budget includes $556,000 to design and construct approximately half of the projects. Staff seeks appropriation of $291,000 of General Fund Reserves to complete the remaining short-/mid-term projects. 14. First Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (staff: Dean Klingner; 5 minute staff presentation; 20 minute discussion) The purpose of this item is to appropriate partial funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. The Lincoln Corridor Plan, approved by City Council in 2014 (Resolution 2014-040), developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million from the Street Oversizing Fund. $155,881 is available from previous developer Local Street Obligations along the project limits, and $2,238,119 is currently unfunded. 15. Items Relating to Marijuana Code Amendments. (staff: Ginny Sawyer, Don Vagge; 5 minute staff presentation; 40 minute discussion) A. First Reading of Ordinance No. 029, 2015, Amending the Code of the City of Fort Collins to Regulate Cultivation of Marijuana in Locations Other Than Retail Marijuana Establishments and Medical Marijuana Businesses. B. First Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12-142 of the Code. C. [OPTION A] First Reading of Ordinance No. 031, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Cultivation Facilities. Or: City of Fort Collins Page 7 [OPTION B] First Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. The purpose of this item is to address safety and nuisance gaps in the existing codes and to offer options for potential changes to the existing marijuana wholesale prohibition. Ordinance No. 029, 2015, amends City Code to address non-licensed growing (caregivers or personal use) in non-residential settings. It also allows for greater flexibility in determining what lighting is deemed safe for residential growing. Ordinance No. 030, 2015, prohibits the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except in a licensed facility. Ordinances Nos. 031 and 032, 2015, remove the existing prohibition on the wholesale of marijuana between licensed businesses. Option A allows sales only to City-licensed establishments; Option B is not limited to Fort Collins establishments. 16. Resolution 2015-025 Forming an Airport Commission Selection Committee and Appointing Two Councilmembers to Serve on the Committee. (staff: Wanda Nelson; no staff presentation; 5 minute discussion) The purpose of this item is to appoint two Councilmembers to the Airport Commission Selection Committee. The Intergovernmental Agreement (IGA) between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a committee of two Councilmembers from each City to make recommendations for appointment to the Airport Commission. 17. Resolution 2015-024 Directing Staff and the Recruiter to Begin Negotiations Regarding the Terms and Conditions of an Employment Agreement with a Selected Candidate for the City Attorney Position. (staff: Janet Miller; no staff presentation; 10 minute discussion) The purpose of this item is to seek direction from Council on whether staff and the executive recruiter should engage in negotiation discussions related to the terms and conditions of employment between the City and a selected candidate for the City Attorney position. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS ADJOURNMENT Council will consider a motion to adjourn to 6:00 p.m., Tuesday, February 24, 2015. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the minutes of the January 20, 2015 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the January 20, 2015 Regular Council meeting. ATTACHMENTS 1. January 20, 2015 (PDF) Packet Pg. 8 City of Fort Collins Page 13 January 20, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak ABSENT: None Staff Present: Atteberry, Daggett, Nelson AGENDA REVIEW: CITY MANAGER City Manager Atteberry noted Council has received a revised Resolution for Item No. 13, Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance Extending the Expiring Twenty-Five Hundredths Percent (0.25%) "Building on Basics" Capital Projects Sales and Use Tax for a Period of Ten Years for the Purpose of Obtaining Revenue for Certain "Community Capital Improvement Program" Capital Projects and Related Operation and Maintenance. CITIZEN PARTICIPATION Kelly Ohlson encouraged the use of a formal prioritization process if overages in City funds are used for capital projects. He opposed any type of favoritism by Councilmembers in determining appropriate capital projects. Kevin Pass stated City and County air quality recommendations regarding the Martin Marietta asphalt plant were ignored by CDPHE and Martin Marietta. He stated the City should require asphalt trucks be covered when driving through town. Dolores Williams opposed the on-campus stadium and stated citizens should have the ability to vote on the proposal. Betty Aragon thanked Mr. Ohlson for his comments and noted speaking before Council can be difficult. She also thanked Councilmember Overbeck for his comments regarding gentrification. Elizabeth Hudetz thanked Council for its work and suggested the Marin Marietta asphalt plant should be relocated away from schools. Chris Cooper stated she is the English Ranch gardener and discussed a meeting held with residents opposed to the community garden in the area. She requested a meeting be held with the entire neighborhood prior to action on removing or relocating the garden. Cheryl Distaso, Fort Collins Community Action Network, discussed the Homelessness Summit to be held January 21 and in March and requested immediate solutions as a result of those discussions. She opposed ticketing homeless residents who camp in the City’s Natural Areas and requested information regarding the process that is followed when homeless residents pass away in shelters. Additionally, she discussed gentrification in the Tres Colonias neighborhoods. Packet Pg. 9 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 14 Mike Pruznick asked how the recently adopted Airport Master Plan protects the quality of life and property values of District 3 residents, how it protects residents from the environmental impacts of the Airport, and how the Plan protects the City’s long-term needs for financial stability and control. Additionally, he discussed potential improvements for the Climate Action Plan including maximizing education and options, implementing net zero building codes and net positive capable building codes, legalizing micro-grid technology, creating sustainable City planning requirements, and using efficiency for optimization. Mr. Pruznick also opposed the on- campus stadium. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Cunniff supported Mr. Ohlson’s suggestion of a prioritization process for capital projects and supported Mr. Pass’ suggestion regarding requiring asphalt trucks to be covered in City limits. Additionally, he requested the release of legal information regarding what the City can and cannot do regarding the on-campus stadium. Councilmember Overbeck thanked Ms. Aragon and Ms. Distaso for speaking and requested staff follow-up regarding Ms. Distaso’s concerns. He discussed a meeting he had with staff regarding gentrification, social and economic issues and displacement and encouraged Ms. Aragon and Ms. Distaso to aid in the discussion. Additionally, Councilmember Overbeck supported covering asphalt trucks in city limits. Mayor Pro Tem Horak noted requiring that trucks be covered would likely need to involve trucks carrying all materials. Additionally, he noted an email response regarding the individual who passed away at a shelter was sent this morning. He stated citizens may bring forth a petition for a vote on the stadium issue and questioned what Council could do regarding the gentrification issue. City Manager Atteberry stated the team working on the gentrification issue is currently limited to City staff and is intended to be an internal working team. He stated adding citizens to that team would change the scope of the research. Councilmember Overbeck suggested community members will provide valuable input as the team branches out for feedback. Mayor Pro Tem Horak noted a meeting will be held between the City, Martin Marietta and Mr. Pass’ group. Councilmember Campana noted the City has an ordinance requiring trucks to be covered which is triggered by the distance the truck travels. He stated is unsure how that applies to asphalt given its temperature. Additionally, he discussed his role in the English Ranch garden issue and stated he supports urban agriculture and community gardens but there are better locations for the garden or an orchard within the English Ranch park. CONSENT CALENDAR Councilmember Cunniff withdrew Item No. 7, First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of Fort Collins Relating to Creating a Critical Packet Pg. 10 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 15 Facilities Floodplain Regulation Exception for Parallel-Connected Solar and Wind Power Generation, from the Consent Calendar. Councilmember Campana withdrew Item No. 10, Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City of Fort Collins, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the December 2, 2014 Regular Council Meeting and the December 9, 2014 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the December 2, 2014 Regular Council meeting and the December 9, 2014 Adjourned Council meeting. 2. Second Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program. (Adopted) This Ordinance, unanimously adopted on First Reading on January 6, 2015, appropriates unbudgeted funds received through a grant for the Safe Routes to School program. The City of Fort Collins FC Moves Department has received a $15,000 grant through the Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe Routes to School (SRTS) program. This funding will allow the City’s SRTS program (administered and staffed by FC Moves) to purchase strategic SRTS equipment for Fort Collins youth. 3. Second Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Team. (Adopted) This Ordinance, unanimously adopted on First Reading on January 6, 2015 appropriates grant funds in the amount of $37,000 received from the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board. This grant will fund the Victim Services Team of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. 4. Items Relating to Petitions and Recall Charter Amendments. (Adopted) A. Second Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum. B. Second Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter Pertaining to the Sufficiency of a Nominating Petition. C. Second Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall Elections. Packet Pg. 11 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 16 These Ordinances, unanimously adopted on First Reading on January 6, 2015, place Charter Amendments relating to petitions and recall for placement on the April 7, 2015 ballot. 5. First Reading of Ordinance No. 008, 2015, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sports Club. (Adopted) The purpose of this item is to appropriate $15,000 of unanticipated grant revenue in the Recreation Fund to be used for general operating support for the Adaptive Recreation Opportunities (ARO) program Paralympic Sport Club. ARO has been selected to receive a grant of $15,000 from U.S. Department of Veterans Affairs (VA) for Veterans Adaptive Sports Programs serving Disabled Veterans and disabled Members of the Armed Forces, funding cycle of October 2014- September 2015. 6. Items Relating to the North College Pedestrian Multi-Use Path Project. (Adopted) A. Resolution 2015-007 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation for a Construction Grant in Support of the North College Pedestrian Multi-Use Path Project. B. First Reading of Ordinance No. 009, 2015, Appropriating Unanticipated Revenue in the Capital Projects Fund for the North College Pedestrian Multi-Use Path Project, Authorizing the Transfer of Appropriations from the Building on Basics Pedestrian Plan and American with Disabilities Improvements Project Into the North College Pedestrian Multi-Use Path Project. The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) and to appropriate federal grant and local funds into the North College Pedestrian Multi-Use Path Project. This project will design and construct pedestrian amenities along North College Avenue between the northern city limits and State Highway 1. The proposed actions will enable initiation of the project. Total project funds will be appropriated as follows: Federal Grant Funds - $752,000 Local Matching Funds Previously Appropriated by Urban Renewal Authority (URA) - $125,000 Local Matching Funds to be Appropriated from Pedestrian Improvement Funds - $31,323 7. Resolution 2015-008 Acknowledging the City's Intent to Acquire the Real Property Located at 1300 Hoffman Mill Road. (Adopted) The purpose of this item is to acknowledge the City's intent to acquire the property at 1300 Hoffman Mill Road for multiple City department operations. Staff has negotiated the acquisition of approximately 24 acres near Prospect Road and Lemay Avenue to meet the needs of multiple City departments. Streets, Forestry, Utilities and Natural Areas Departments have agreed to partner and contribute funding for the acquisition. The Departments propose to jointly purchase the property in order to co-locate compatible City operations. These operations include the continued processing and recycling of concrete and asphalt, which is the primary use of the site currently (via lease agreement), processing of project spoils for the Utilities Department, wood chipping and other materials processing for the Forestry Department, and materials storage for the Natural Areas Department. Additionally, the Natural Areas Department will control and manage approximately 6 acres of the site that is immediately adjacent to the Poudre River. City Council approved the funding for the purchase as part of the 2015-2016 Recommended Budget (Ordinance No. 153, 2014) on November 18, 2014 and no additional authorization is required per City Code. However, due to the fact that Streets Superintendent, Larry Schneider is related to one of the ten owners (Larry’s father, Elmer Schneider is a 1/10 owner), City Management felt it prudent to Packet Pg. 12 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 17 provide more explicit and public notice of the City’s intention to acquire the property and to disclose the process and efforts that have taken place to ensure Larry Schneider is not involved in any of the decision making related to this potential acquisition. To that end, Mr. Schneider was consciously and deliberately removed from participating in any form related to the City’s interest in the property. All decision making was directed by Planning, Development and Transportation (PDT) Deputy Director, Mark Jackson and operational information was provided by (then) Streets Department Crew Chief, Neal Jaspers. 8. Resolution 2015-009 Adopting a Revised Competitive Process for the Allocation of City Financial Resources to Affordable Housing Programs/Projects and Other Community Development Activities. (Adopted) The purpose of this item is to revise the competitive process for allocating affordable housing and human service funds. The changes combine all available housing funds into one spring cycle to allow for compliance with HUD requirements, stronger competition among projects and better alignment of funds to their intended uses. An optional fall process will be retained. Minor administrative changes would also be made. END CONSENT CONSENT CALENDAR FOLLOW-UP City Manager Atteberry discussed Item No. 6, Items Relating to the North College Pedestrian Multi-Use Path Project. He stated the City was awarded a grant and by using North College Marketplace developer contributions and local matching funds, the City will be able to expand the project to provide a pedestrian connection from the City limits to State Highway 1 on both sides of College Avenue. Mayor Pro Tem Horak commended the safety aspects of this pedestrian connection. Mayor Weitkunat stated this will be very beneficial for North College Avenue. STAFF REPORTS Wendy Williams, Assistant City Manager, stated Tracy Ochsner has recently been recognized by Green Fleet as a Sustainability All-Star. Ochsner stated this award is the result of the work of many people in the organization and commended Council, the Executive Management Team, and staff members. He discussed the City's compressed natural gas and electric vehicle fleet, recycling and reuse efforts, and fleet sustainability efforts. City Manager Atteberry commended Ochsner on his leadership and contributions to the City. COUNCILMEMBER REPORTS Councilmember Overbeck reported on the Poudre Heritage Alliance Board meeting noting the organization is partnering with CSU and others to host a Poudre Runs Through It forum on January 31. Additionally, he reported on his speech before the Governor’s Blue Ribbon Commission regarding oil and gas and discussed a Coloradoan article on the rare American Woodcock finding refuge in the City’s Natural Areas. Packet Pg. 13 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 18 Councilmember Troxell reported on the Elderhaus Adult Programs prom night. Mayor Weitkunat reported on the City’s first Social Sustainability showcase of the projects it supports. CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 9. First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of Fort Collins Relating to Creating a Critical Facilities Floodplain Regulation Exception for Parallel-Connected Solar and Wind Power Generation. (Adopted on First Reading) The purpose of this item is to provide an exception to the critical facilities floodplain regulation for “parallel-connected solar and wind power generation.” This would allow solar and wind power generating stations that are also connected to the grid to be located in the floodplain and not prohibited under the critical facilities regulation of Chapter 10 of City Code. Councilmember Cunniff expressed concern with the determination of no environmental or public safety impact as well as the inclusion of a blanket exemption. Marsha Hilmes-Robinson, Water Utilities, stated this Ordinance would provide an exception to the critical facilities regulation and the definition of critical facilities, specifically related to allowing parallel-connected solar and wind power generation facilities in the floodplain if they are connected to the grid. Councilmember Cunniff discussed his concerns relating to the blanket determination that any such solar or wind facility would not be environmentally impactful and asked why other technologies were not included. Norm Weaver, Senior Energy Services Engineer, replied it is more accurate to characterize this item as removing a blanket exclusion rather than providing a blanket exception. He stated this would allow such facilities to be considered and go through the normal land use and flood permitting processes. Councilmember Overbeck asked why this item was only presented to the Water Board and not others. Ken Sampley, Water Utilities Engineering Manager, replied the item was presented before the Water Board but noted the Natural Resources Advisory Board has been involved in property purchase considerations. Councilmember Overbeck stated other boards should have considered the topic in order to allow for a better process. Councilmember Troxell noted this topic is about distributed energy resources and asked about the intended focus being the generating device. Weaver replied projects with or without storage that are based on clean energy technologies and renewable technologies can at least be considered to be located in some of these undeveloped locations which can tend to be in floodplain areas. Additionally, he noted thermochemical types of systems are likely to remain excluded and stated the review process will ensure any facilities located in the floodplain designed to withstand the location. Councilmember Cunniff asked if design standards exist for these facilities to ensure they are not uniquely vulnerable nor will negatively impact downstream flows in the event of a catastrophic flood. Hilmes-Robinson replied those standards do exist and would be fully in place even with this exception. Packet Pg. 14 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 19 Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 010, 2015, on First Reading. Mayor Pro Tem Horak supported the motion as any facility would need to go through proper land use approvals. Councilmember Cunniff stated he would be more comfortable with the inclusion of a clause directing the City to reevaluate the policy and critical facilities definition after some future date. Councilmember Troxell noted an important part of the Ordinance is the parallel connectivity and redundant power. Mayor Weitkunat noted any facility would still need to go through the review process and meet floodplain regulations. Mayor Pro Tem Horak suggested research be done regarding FEMA requirements for reviewing critical facilities prior to Second Reading. RESULT: ORDINANCE NO. 010, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 10. Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards and commissions, due to resignations and the expiration of terms of current members. Applications have been solicited since September. Council teams interviewed applicants during November, December and January. This Resolution appoints individuals to fill current vacancies and expiring terms. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 010-2015. RESULT: RESOLUTION 2015-010 ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak RECUSED: Campana DISCUSSION ITEMS 11. Second Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Capstone Cottages Rezoning. (Adopted on Second Reading) This Ordinance, adopted on First Reading on January 6, 2015, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) rezones approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from the Industrial district (I) to the Medium Density Mixed Use Packet Pg. 15 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 20 Neighborhood district (M-M-N) and rezones the abutting 0.070 acres of land from the M-M-N to the Industrial District. The requests are based on the Applicant’s proposal to develop a student oriented single-family residential project; the Project Development Plan for the proposed project is in the process of being reviewed by staff as part of a separate application. Betty Aragon expressed concern relating to the traffic impacts of this rezoning on Lemay Avenue. Cheryl Distaso opposed the rezoning given concerns related to traffic impacts. Jerry Gavaldon expressed concern relating to the traffic impacts of this rezoning. Linda Ripley stated the area already has approximately 14 acres of land zoned for concentrated housing; however, that amount is not enough to create an area of concentrated housing as well as contribute to the street and road improvements envisioned by the Master Street Plan. She acknowledged citizen concerns but noted this project would provide an alternative entrance and exit for the neighborhood. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 007, 2015, on Second Reading. Mayor Pro Tem Horak noted this is simply a rezoning and does not deal specifically with streets and traffic. RESULT: ORDINANCE NO. 007, 2015, ADOPTED ON SECOND READING [4 TO 3] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Campana, Troxell, Horak NAYS: Overbeck, Poppaw, Cunniff 12. Resolution 2015-011 Naming an Arterial Street in the Northeast Fort Collins Area and Revising the List of Names for Arterial and Collector Streets. (Adopted) The purpose of this item is to select a name for a new arterial street in northeast Fort Collins and to update the existing List of Names for Arterial and Collector Streets by removing one recently selected name (Cherryhurst) and adding two additional names (Joe Armijo and Stephen J. Roy). Ryan Mounce, City Planner, stated the street in question is located 1/4 mile north of Vine Drive between College Avenue and Timberline Road and will be completed in segments as development occurs. He noted staff is recommending the renaming of Pinon Street to match the selection of the street in question and stated staff is recommending the name Suniga Road in honor of Lee Suniga. Additionally, Mounce stated this item would revise the City's list of arterial and collector street names to remove Cherryhurst and add Joe Armijo and Stephen J. Roy. Betty Aragon supported the Suniga Road name and discussed Lee Suniga's contributions to the community. Cheryl Distaso, Fort Collins Community Action Network, supported the Suniga Road name. Packet Pg. 16 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 21 Ray Martinez supported the Suniga Road name and discussed Lee Suniga's contributions to the community. Jerry Gavaldon supported the Suniga Road name and discussed Lee Suniga's contributions to the community. Dione Perez, Lee Suniga's granddaughter, supported the Suniga Road name and expressed appreciation for Council's consideration in honoring Lee Suniga. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2015-011. Mayor Weitkunat expressed appreciation for the citizens who spoke and supported the proposed street name and its recognition of important community members. Councilmember Troxell supported the proposed street name and thanked those who spoke. He suggested a possible evaluation of the street naming process in order to provide more robust name choices and encouraged a more intentional public and Boards and Commissions outreach process. Councilmember Overbeck thanked those who spoke and supported the proposed street name. Mayor Pro Tem Horak supported the proposed street name and supported Councilmember Troxell's suggestions. RESULT: RESOLUTION 2015-011 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 13. Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance Extending the Expiring Twenty-Five Hundredths Percent (0.25%) "Building on Basics" Capital Projects Sales and Use Tax for a Period of Ten Years for the Purpose of Obtaining Revenue for Certain "Community Capital Improvement Program" Capital Projects and Related Operation and Maintenance. (Adopted as Amended) The purpose of the item is to set the ballot language and refer the Community Capital Improvement Program tax extension to the April 7, 2015 election. The renewal of the ¼-cent sales and use tax will result in $7.4 million in revenue available per year for designated capital improvement projects. The program is currently set to expire December 31, 2015. The term of the renewal is January 1, 2016- December 31, 2025. The recommended project list is below: Pedestrian Sidewalk/ADA Compliance - Safe Routes to Everywhere Bicycle Infrastructure Improvements - Safe Routes to Everywhere Bus Stop Improvements - Safe Routes to Everywhere Downtown Poudre River Enhancements and Kayak Park Bike/Ped Grade Separated Crossings Fund Transfort Bus Fleet Replacement Arterial Intersection Improvements Fund Implementing Nature in the City Gardens on Spring Creek Visitor's Center Expansion Southeast Community Center with Outdoor Pool Packet Pg. 17 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 22 Affordable Housing Fund Lincoln Avenue Improvements Design & Construction (From 1st Street to Lemay Avenue) City Park Train Renovation of the Historic Carnegie Building Linden Street Renovations Design & Construction Club Tico Renovation Willow Street Renovations Design & Construction The Resolution includes $75 million in project costs, $2.6 million for five years of operation and maintenance (O & M), and $5.3 million for inflation. Staff has recommend five years of O&M to give projects at least two budget cycles to determine how to best fund the ongoing O&M costs while trying to maximize project dollars. Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest. City Manager Atteberry discussed the evolution of this proposal and stated Fort Collins has been using a dedicated capital improvement tax since the early 1970s. He noted this would be the continuation of a tax that is set to sunset at the end of 2015. Additionally, City Manager Atteberry stated staff will be bringing an appropriation ordinance before Council on February 3 to fund Lincoln neighborhood improvements. Ginny Sawyer, Policy and Project Manager, discussed the tax and its revised projection of providing $83 million over the 2016-2025 time period. She discussed the projects that have been funded by this dedicated tax over the past 42 years and discussed the process of developing the proposed project list for the continuation of the tax. This package would be placed on the April 7 ballot should it be referred by Council. She detailed the proposed project package, including operation and maintenance funding. Kevin Jones, Fort Collins Area Chamber of Commerce, encouraged the funding of transportation infrastructure as being a key element of the City's quality of life, safety, and economic viability. Additionally, he supported cultural amenities and recreational opportunities and supported the proposed package as being attractive to residents and business people. Rick Price stated the Lincoln Avenue bridge is an impediment to bicycling in the community and suggested its repair should be a priority. He discussed the means in which priorities could be addressed. Cliff Buchholz supported the Lincoln Avenue improvements. Mike Pruznick asked about possible capital expenditures related to the on-campus stadium and why those expenses are not included on the list. He stated he would oppose the current package. Dale Mantay supported the 'Building on Basics 2.0' package. Cheryl Distaso opposed the inclusion of the Lincoln Avenue improvements in the package. Bevin Parker, Downtown Development Authority Board of Directors, supported the proposed project list as strengthening the community. Betty Aragon opposed the inclusion of the Lincoln Avenue improvements in the package. While she agreed the roadway needs improvements, she encouraged additional consideration. Lynn O'Dell supported the inclusion of the Lincoln Avenue improvements in the package. Packet Pg. 18 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 23 Jane Haack-DeBroux thanked Council for its service and stated driving in the Lincoln Avenue area is atrocious. She supported the improvements as providing good infrastructure for growth. Jerry Gavaldon opposed the inclusion of the Lincoln Avenue improvements, the City Park train, and the southeast center as not benefiting most citizens. Tim Johnson supported additional funding for intersection improvements and stated this package does not build on basics. Rich Shannon supported the proposed package as including something for everyone and supported its placement on the April ballot. (Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Campana discussed his requests regarding the Lincoln Corridor. Rick Richter, Engineering, showed photos of the existing condition of Lincoln Avenue noting the bridge is functionally obsolete. Additionally, he showed slides of the proposed improvements for the roadway and discussed the current standards for arterial roadways. Councilmember Campana asked if the Bicycle Master Plan and the Lincoln Corridor Plan are aligned. Richter replied in the affirmative and noted a central piece of the Bicycle Master Plan involves buffered bike lanes, as included in the Lincoln Corridor Plan. Councilmember Campana asked if additional cost would result should the bridge replacement be separated out from the remainder of the improvements. Richter replied building the bridge alone would require the need for width transitions between the existing roadway and the new bridge. Councilmember Campana discussed the objectives of the previously approved Lincoln Corridor Plan and that the means of funding is an important discussion. He asked what is left after subtracting any subsequent appropriations from the total tax revenue for 2014. Mike Beckstead, Chief Financial Officer, replied final numbers will be available in March; however, there is $17 million in additional sales and use tax revenue and a significant piece of that was used in the 2015-2016 budget. He stated approximately $3.7 million was unused as of the December finance review and about $1.5 million of that was assigned at that meeting. Additionally, Beckstead expressed confidence that the Lincoln improvements could be funded separately from the BOB 2.0 package. Mayor Pro Tem Horak requested an estimate for improving Lincoln Avenue from First Street to the ramp up to the bridge. Richter replied that cost is estimated to be $6 million. Councilmember Campana asked why operations and maintenance funding was included at five years. Sawyer replied the five year figure maximizes capital dollars while still providing at least two budget cycles for operations and maintenance to be included in budgets. Additionally, it will prevent tying up any dollars that come in from the dedicated tax up to five, six, or seven years after the tax expires. City Manager Atteberry noted that recommendation has recently changed from four years to five years. Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2015-012, as amended to remove the Lincoln Avenue improvements. Packet Pg. 19 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 24 Councilmember Campana stated he will be requesting an appropriation from the remaining 2014 revenues and revenues from 2015 and 2016 to fund the basic Lincoln Avenue improvements and Tres Colonias neighborhood improvements. Mayor Pro Tem Horak requested clarification regarding the Resolution amendments. Interim City Attorney Daggett replied the only change since the published agenda was the dollar amount for Lincoln Avenue improvements. Councilmember Campana noted the removal of the Lincoln Avenue improvements will leave room for the inclusion of additional projects. Mayor Pro Tem Horak suggested the inclusion of the Lincoln Avenue bridge improvements in the BOB 2.0 package and discussed the legacy aspects of the package. Mayor Pro Tem Horak made a motion to amend, seconded by Councilmember Troxell, to add the Lincoln Avenue bridge improvement project to the package. Councilmember Cunniff asked if the replacement of the bridge is eligible for grants. Richter replied the majority of grants require a sufficiency rating of 50 and below and this bridge is not yet at that point. Mayor Pro Tem Horak discussed the importance of the Lincoln Avenue bridge replacement in terms of connectivity for the corridor and safety. (Secretary's note: Staff prepared copies of the proposed Resolution language for distribution at this point in the meeting.) Interim City Attorney Daggett discussed the Resolution language options and suggested wording for the inclusion of the Lincoln Avenue bridge amendment at a cost of $5.3 million. Councilmember Cunniff asked if the bridge is included in the operations and maintenance estimate. Richter replied operations and maintenance costs are only calculated for the items that are over and above the normal maintenance. Councilmember Cunniff opposed the amendment based on concerns relating to the fiscal aspect of building the bridge with a reduced opportunity for receiving grants. Mayor Pro Tem Horak argued the inclusion of the project in the package does not preclude the receipt of grants. Mayor Weitkunat noted having plans in place often enhances grant opportunities. Councilmember Troxell stated he would support the amendment as it keeps in the spirit of the intent of the capital improvement projects list. Councilmember Overbeck stated he would have liked additional public process regarding the bridge funding and stated he would not support the motion. The vote on the amendment was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays: Overbeck and Cunniff. Packet Pg. 20 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 25 THE MOTION CARRIED. Councilmember Cunniff stated the proposed package seems compromised and stated he would not support placing the item before voters in April but could support a November ballot issue. Additionally, he expressed concern regarding the inclusion of the kayak language and the failure to provide six years of operations and maintenance funding. He also expressed concern the 3% inflation factor is too low. Councilmember Troxell stated he would support the motion and commended the community projects the package will fund. Councilmember Overbeck discussed the Carnegie Building remodel and stated additional public process should occur and supported moving the tax package to the November ballot. Councilmember Campana stated he would support the motion and commended the list of projects as being deeply aligned with City needs and desires. Mayor Pro Tem Horak commended the project list and capital improvement aspects of the package and stated it takes work to ensure a package is supported by both Council and the community. Mayor Weitkunat discussed the importance of looking at the future and the community vision and stated this package will protect and build on what exists. She commended the projects in the package. Councilmember Overbeck noted he was more supportive of Club Tico renovation funding than the Carnegie Building and opposed specifically the Carnegie Building planned furniture expenditure as being an irresponsible use of taxpayer dollars. RESULT: RESOLUTION 2015-012 ADOPTED AS AMENDED [4 TO 2] MOVER: Gino Campana, District 3 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Campana, Troxell, Horak NAYS: Overbeck, Cunniff RECUSED: Poppaw Councilmember Campana asked about having further discussion regarding funding the Lincoln improvements from Lemay to First Street. Interim City Attorney Daggett recommended having the discussion during Other Business. 14. Resolution 2015-013 Submitting to the Registered Electors of the City at the April 7, 2015, Regular City Election the Question of the Extension of the Expiring Quarter-Cent Sales and Use Tax Used to Fund the City's Street Maintenance Program. (Adopted) The purpose of the item is to set the ballot language and refer the Street Maintenance Program tax renewal to the April 7, 2015 election. City Manager Atteberry noted this Resolution would submit to the voters a continuation of the ¼ cent street maintenance tax which will expire at the end of 2015. Mark Jackson, Planning, Development, and Transportation Services Deputy Director, discussed the importance of street maintenance throughout the city and noted the City’s goal remains Packet Pg. 21 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 26 keeping roadways at a higher level of service as allowing the roadways to deteriorate becomes exponentially more expensive than continual maintenance. Additionally, Jackson noted maintenance materials and labor costs increase as does the number of street miles and miles travelled. He discussed the City’s history of funding street maintenance with this dedicated tax revenue, which provides approximately 43% of the program’s revenues. Jackson discussed the public process regarding this tax, which followed the same path as that of the capital projects package and noted this tax provides benefits to the entire community, both from a residential and arterial standpoint. Mike Pruznick stated he cannot support a tax that will free up General Fund and reserve money for the on-campus stadium. He suggested placement of an item on the ballot regarding funding the stadium, including an option to ensure it is funded entirely by CSU. Nancy York supported maintaining the city’s existing infrastructure and urged future planning to discourage single vehicle use. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2015-013. Councilmember Cunniff suggested referring a smaller tax amount with the difference coming from other revenue diversification options such as a transportation fee based on trip generation impacts. Councilmember Cunniff made a motion to amend, seconded by Councilmember Overbeck, to extend a reduced tax of 0.125% for the street maintenance program for a period of ten years. Councilmember Cunniff stated this would provide additional incentive for developing revenue diversification options. Councilmember Troxell supported revenue diversification; however, he stated this amendment would make support for street maintenance less clear. Councilmember Campana opposed the amendment; however, he agreed evaluating revenue diversification should be a goal for the future. Councilmember Poppaw stated this is an excellent opportunity to diversify the City’s revenue streams and stated she would support the amendment. Mayor Pro Tem Horak opposed the amendment stating cutting half the funding with no clear options for the remainder is a poor strategy. He supported the possibility of phasing other revenue sources in the future. Mayor Weitkunat stated she would not support the amendment and took exception to the possibility of making such an amendment of at item that has been vetted through the public process for many years. She agreed a revenue diversification discussion should occur; however, she disagreed this was the appropriate time. The vote on the motion to amend was as follows: Yeas: Cunniff, Overbeck and Poppaw. Nays: Troxell, Horak, Weitkunat and Campana. THE MOTION FAILED. Packet Pg. 22 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 27 Councilmember Cunniff argued this is the appropriate timing for discussing revenue diversification. Mayor Weitkunat noted many studies and discussions have been held resulting in no options. Councilmember Poppaw argued this is the first time a Councilmember has presented an opportunity to investigate revenue diversification and supported the possibility of phasing as suggested by Mayor Pro Tem Horak. Mayor Pro Tem Horak noted the City has nothing to do with stadium funding, simply with public structural improvements, mitigation for which has been rolled into the cost of the stadium. He commended staff and expressed support for the tax continuation. RESULT: RESOLUTION 2015-013 ADOPTED [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 15. First Reading of Ordinance No. 011, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article XIII of the City Charter Pertaining to the Definition of "Service Area". (Adopted on First Reading) The purpose of this item is to propose an amendment to the City Charter definition of "Service Area" that, if approved by voters, would correct the Charter definition of “Service Area” to conform to other Charter references providing that City Council shall designate Service Areas via ordinance. Janet Miller, Human Resources, stated this item deals with the City Charter definition of Service Area and would align language inconsistencies. The proposed ballot language would define a Service Area as a City administrative unit designated as a Service Area by Council adopted Ordinance. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 011, 2015, on First Reading. RESULT: ORDINANCE No. 011, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 16. First Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business Customers. (Adopted on First Reading) The purpose of this item is to amend City Code to update and expand the on-bill financing pilot program per the recommendations reviewed by Council at the October 28, 2014 work session and subsequent November 17, 2014 Finance Committee meeting. The objective of the On-Bill Financing pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust Packet Pg. 23 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 28 interest rate and fee language and add on-bill financing sections for small business customers. An update on the administrative elements of the program is provided. Kevin Gertig, Utilities Services Executive Director, stated this item would amend the City Code to update and expand the on-bill financing program per Council recommendation. The on-bill financing pilot program, or Home Efficiency Loan Program, would provide residential customers with low-cost financing for energy efficiency, solar PV and water conservation. John Phelan, Energy Services Manager, discussed the history of the Home Efficiency Loan Program and the existing loan term options and detailed the proposed changes to the Program. Eric Sutherland stated the City’s proposal does not include necessary key components which are part of the best thinking on the topic. This proposal does not address issues with individuals who lack access to credit. Mike Pruznick asked how much of the $800,000 fund is in circulation currently, why individuals are not using this program to fund solar systems, and whether or not interest rates are fixed. He supports the program changes; however, he does not support the rental market aspect and encouraged looking at other solutions to boost home ownership. Fred Kirsch, Community for Sustainable Energy, supported the Program as a step in the correct direction. He supported twenty-year terms extended to renters as well as home owners. Kevin Cross, Fort Collins Sustainability Group, supported the increase of the maximum loan term to twenty years and supported reducing the first year interest rate to 2.5% and set in subsequent years to the amount needed to cover delinquent program debt only. Doug Henderson supported the on-bill financing program initiative, stating it provides practical incentives to encourage energy efficiency. James Mitchell supported the on-bill financing program initiative and supported the 2.5% rate with a twenty-year loan term. Nancy York supported the on-bill financing program; however, she opposed the proposed interest rates as being too high. Mayor Weitkunat requested staff responses to Mr. Pruznick’s questions. Phelan replied approximately $160,000 of the fund’s $800,000 has been loaned, some of which are currently being paid back. He stated the interest rate is fixed for the life of the loan at the time the loan is closed and noted staff is proposing a 4% interest rate for the life of the loans initiated in 2015. Mayor Weitkunat asked about the specific fee numbers in the Ordinance. Interim City Attorney Daggett replied language has been added to the Code stating the interest rate will be set in the Financial Officer’s administrative rules based on the City’s cost of capital minus 100 to 200 basis points in order to eliminate specific references to dollar amounts related to the loan program. Additionally, the Code states the Financial Officer will set process fees and direct charges based on cost. Councilmember Overbeck asked about the benchmarks being used for the 4% interest rate. Mike Beckstead, Chief Financial Officer, stated this rate was developed prior to rates dropping within the last two months. Additionally, borrowing for the use of this fund would be taxable for the City which carries a 200 point basis premium above tax-exempt rates. Packet Pg. 24 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 29 Councilmember Overbeck asked if a situation exists in which the 4% number could be dropped to 2.5%. Beckstead replied data does not indicate a very low rate creates a successful program and noted external financing will be required to support funding the Climate Action Plan goals. Councilmember Overbeck suggested the possibility of splitting the fund in half with half being available under the suggested terms and half being available with a lower rate and longer term. Mayor Pro Tem Horak requested information regarding the cost to the City of changing the rate from 4% to 2.5% for the $800,000 fund. Beckstead replied the differential is nominal. Mayor Pro Tem Horak asked what would be necessary should Council wish to change the rate and term. Interim City Attorney Daggett recommended Ordinance language amendments. Councilmember Campana requested additional information regarding the rental aspect of the program. Phelan replied the current proposal does not address the rental aspect at this point; however, staff will return later in 2015 with suggestions for a tenant billing component. The initial thoughts involve owner-initiated projects to be funded on the current tenant’s utility bill. The current and future tenants would be notified of the charges as part of the lease. Additionally, Phelan stated business customers would work similarly. Councilmember Campana requested information as to what recourse a tenant would have should their lease not disclose a loan. Phelan replied staff is examining best practices; however, the owner is ultimately responsible for all utility bill charges. Mayor Weitkunat requested data on the average length of time tenants rent homes. Phelan replied the intent of the transferability component is to ensure future tenants pay the charges and by improving the building stock, a net savings will be provided over time. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 012, 2015, on First Reading, as amended to add the twenty-year term. Mayor Pro Tem Horak requested an option for the 2.5% interest rate prior to Second Reading. Councilmember Cunniff noted the loan calculator is an available tool for citizens and asked about the possibility of technical assistance being available for individuals to fine-tune desired projects to maximize the possibility they will see a savings on their bill. Phelan replied technical assistance is currently available through staff and the energy-advising function of the City's Efficiency Works Home Program. He noted bill neutrality will be required for rental or lease situations. Councilmember Troxell commended staff work on the item. Mayor Weitkunat stated she would support the item; however, she expressed concern relating to the twenty year commitment and increasing the City's risk in carrying loans. Packet Pg. 25 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) City of Fort Collins Page 30 RESULT: ORDINANCE NO. 012, 2015, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS Councilmember Campana requested and received Council support for staff to return with an Ordinance on February 3 regarding the Tres Colonias neighborhood improvements and Lincoln corridor improvements. Councilmember Cunniff requested a list of the funding sources and various subcomponents of the Lincoln Avenue project in preparation for the February discussion. Additionally, he requested information regarding what legal information can be released regarding the City’s authority with respect to the stadium. ADJOURNMENT The meeting adjourned at 10:30 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 26 Attachment1.1: January 20, 2015 (2905 : Minutes-1/20) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF John Phelan, Energy Services Manager SUBJECT Second Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business Customers. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 20, 2015, amends City Code to update and expand the on-bill financing pilot program per the recommendations reviewed by Council at the October 28, 2014 work session and subsequent November 17, 2014 Finance Committee meeting. The objective of the On- Bill Financing pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust interest rate and fee language and add on-bill financing sections for small business customers. On First Reading, Council discussed two specific topics: increasing the maximum allowable term to twenty years (not to exceed the useful life of the improvements ) and reducing the 2015 interest rate from the proposed 4% to 2.5%. Council requested additional information regarding the financial implications of these topics which has been added to the background section. The Ordinance language has been modified to clarify the maximum term (20 years, not to exceed the measure life). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION This Ordinance, unanimously adopted on First Reading on January 20, 2015, amends City Code to modify on- bill utility financing terms and allow for financing of small business customers. Council discussed two specific topics: increasing the maximum allowable term to twenty years (not to exceed the useful life of the improvements ) and reducing the 2015 interest rate from the proposed 4% to 2.5%. Council requested additional information regarding the financial implications of these topics. Loan Term Increasing the maximum loan term from 15 years to 20 years has pros and cons for both customers and Fort Collins Utilities. Customer Impact This would reduce the monthly payment to homeowners for the loan repayment but increase the total of cost over the life of the loan. For example, a $5,000 loan at 2.5% interest for 15 years will have monthly payments of $33.34 resulting in the total repayment of $6,001. Over 20 years a $5,000.00 Packet Pg. 27 Agenda Item 2 Item # 2 Page 2 loan at 2.5% interest will have monthly payments of $26.50, or $6.84 less per month than the 15 year loan, but will have a total repayment of $6,358, or $357 more than the 15 year loan. Utilities Impact Increasing the life of the loan increases the risk that the loan repayments will extend beyond the actual useful life of the improvements. This can be addressed by the program rules. Increasing the life of the loan could increase the program operating costs. If debt is issued to fund the program with a different term than the loan program, the repayment schedules will differ and could increase direct program costs. As proposed, the loan program will have a portfolio of shorter and longer term loans. A debt based capital approach should be tailored to the portfolio, which the funded pilot program will help define. Interest Rate Reducing the interest rate from the proposed 4% to 2.5% also has pros and cons. Customer Impact Lower interest rate is more attractive to customers, will reduce monthly payments or increase the scope of work and could increase program participation Utilities Impact For capital coming from reserve funds, the difference between the “opportunity” interest rate and loan interest rate results in on-going direct costs for the program For capital coming from borrowed funds, the difference between the borrowing interest rate and loan interest rate results in on-going direct costs for the program The following bullets describe a range for the annual direct cost impact of a lower interest rate for three representative portfolios. The actual costs will be determined by the mix of project types, loan terms selected by customers, outstanding loan amounts and source of capital. $800k loan capital, 5 year term, reducing the interest rate from 4.0% to 2.5% results in a reduction in loan repayments of $6,424. $5M loan capital, 10 year term, reducing the interest rate from 4.0% to 2.5% results in a reduction in loan repayments of $41,851. $10M loan capital, 20 year term, reducing the interest rate by 1.5% (from 4.0% to 2.5%) results in a reduction in loan repayments of $91,292. ATTACHMENTS 1. First Reading Agenda Item Summary, January 20, 2015 (w/o attachments) (PDF) Packet Pg. 28 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 20, 2015 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business Customers. EXECUTIVE SUMMARY The purpose of this item is to amend City Code to update and expand the on-bill financing pilot program per the recommendations reviewed by Council at the October 28, 2014 work session and subsequent November 17, 2014 Finance Committee meeting. The objective of the On-Bill Financing pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust interest rate and fee language and add on-bill financing sections for small business customers. An update on the administrative elements of the program is provided. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The purpose of the On-Bill Financing (OBF) pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The OBF program was established by Ordinance No. 033-2012 which revised language in Chapter 26 of the Municipal Code to enable Utilities to provide financing and on-bill servicing of loans for energy efficiency, water efficiency and renewable energy projects. The OBF program was launched in January 2013, and was reviewed by Council in August 2013 and October 2014 to understand results to date and determine next actions in managing the OBF program’s performance. City Council’s feedback at the fall 2014 work session indicated general support for the OBF program improvements and schedule presented by staff. Existing Program Development and Characteristics The OBF program was developed collaboratively by Utilities (Energy Services and Customer Finance (billing)), City Finance, and the City Attorney’s Office with assistance from the consulting firm Harcourt, Brown and Carey. The program was modeled after successful programs and is most succinctly described as a traditional loan program which is serviced by Utilities on customer’s monthly bills. The development process included feedback from the Energy and Water Boards and local stakeholder groups. Customers qualify based on their bill payment history and credit score, eligible projects are defined by Utilities incentive programs, and the loans are secured via a deed of trust recorded with Larimer County. ATTACHMENT 1 Packet Pg. 29 Attachment2.1: First Reading Agenda Item Summary, January 20, 2015 (w/o attachments) (2834 : SR 012 On Bill Utility Financing) Agenda Item 16 Item # 16 Page 2 The Code changes adopted by Council authorize Utilities to provide financing services to meet the program deliverables. A key element of the program is that the loan payments are treated like any other element of a customer’s bill (e.g., electricity, water, wastewater and stormwater). With such treatment, loan payments are not differentiated from other services. Utilities normal and customary practices for non-payment apply, up to and including service disconnection. Utilities also has established rights under City Code for collection of any past due amounts at a property’s time of sale, also known as the “perpetual lien” ordinance. The program uses pre-existing standard capabilities of the Utilities billing system; no customization of the system was required (see below for pending updates). Customer qualification and loan closing services are provided in partnership with a third party financial partner, EnergySmart Partners LLC. EnergySmart Partners is a subsidiary of the non-profit Funding Partners, a local Fort Collins Community Development Financial Institution. The interest rate range is defined in Utilities’ residential rate ordinances. The City Finance Department developed a set of rules and regulations for administrative implementation of the OBF program. The OBF capital comes from Electric and Water Utility reserve funds, determined by the project type. The funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities for a maximum outstanding balance of $800,000 for the loan program. Should demand for financing reach this limit, Council authorization is required for additional funding. Program information, including details on customer and project eligibility, qualifications and loan terms can be found at fcgov.com/financing. 2015 Program Revisions A team comprised of staff from Utilities Energy Services, Customer Finance (utility billing), City Finance and IT, with support from the City Attorney’s Office, developed a set of recommendations for revisions to the current program. The recommendations were reviewed by Council in a work session on October 28, 2014 and subsequently by the Council Finance Committee on November 17, 2014 (summaries in attachments). The objectives of these changes are to: Simplify the application and program processes Improve the loan terms, and Revise the structure to address residential rental and business lease properties. It is important to note several key aspects of the recommended revisions. The revisions are interrelated, at times, in complex ways. The eligibility and qualification of customers and measures, the legal aspects of recording and administration, billing system capabilities, energy savings and loan terms all impact each other. Actions required to implement the recommendations include those that require Council action and those that can be implemented administratively through the program rules and regulations. Per the Council Finance Committee direction, the Program Financial Rules and Regulations note that the guidance for the annual selection of interest rates is intended to reflect the City’s cost of capital minus 100-200 basis points. The recommendation for maximum loan term is 15 years. This value is based primarily on two factors. First is that 15 years is the norm for benchmark comparison programs representing industry best practices. The second is that the measure life for mechanical systems (e.g. furnaces and air conditioning) is typically set at 15 years. However, a longer term, up to 20 years, may be appropriate for certain measures with very long lifetime. These would include insulation, air sealing and windows. A longer term would reduce monthly payments, and could qualify additional projects to be bill neutral. Staff recommends that this topic be included for review when the rental and lease provisions of the program are implemented in January 2016. Packet Pg. 30 Attachment2.1: First Reading Agenda Item Summary, January 20, 2015 (w/o attachments) (2834 : SR 012 On Bill Utility Financing) Agenda Item 16 Item # 16 Page 3 Program Revisions Attribute Revisions and Notes Date Interest Rates Allowable range from 2.5-10% per proposed rate ordinance 2015 rate at 4% per proposed financial rules and regulations Feb 2015 Customer qualification Minimum six months bill payment history Credit score minimum of 640 Feb 2015 Fees Fees are cost based for services 2015 fees of $25 for application, $150 for closing, $11 for recording Feb 2015 Recording UCC filing recorded with Larimer County Feb 2015 Loan term 5, 7, 10 or 15 years Selected by applicant Feb 2015 Customer eligibility Loans for small business customers (owner) April 2015 Rental and lease properties Loans on tenant bills for residential rentals and commercial leased properties (pending billing system customization) Jan 2016 FINANCIAL / ECONOMIC IMPACTS Council authorized a maximum outstanding loan fund of $800,000 through prior BFO offers and subsequent clarification of balance sheet reserve funding. As of October 15, 2014, $145,000 has been provided to customers for efficiency projects through the OBF program. The On-Bill Financing program element will add to the positive economic impact of the Efficiency Works Home Program. There are currently 24 participating contractors working with the program. Retrofit projects in 2014 represented an investment (by homeowners, supported by rebates) of approximately $1.5M towards improving existing home efficiency. Utility bill savings from improved homes also results in additional spending on local goods and services. ENVIRONMENTAL IMPACTS The On-Bill Financing Program supports the City’s goals for energy use reduction through efficiency, carbon emissions reduction from improving the efficiency of the built environment and increasing local renewable energy production. Homes are seeing 5-50% (15% on average) energy reductions as a result of improvements made through the Efficiency Works Home Program. On-bill financing is incorporated as an integral offering of the Efficiency Works Home program materials and marketing. The Efficiency Works Home Program also directly addresses indoor environmental air quality. The audit, installation standards and project verification testing specifically address combustion safety of natural gas appliances and educate homeowners on other aspects of indoor air quality. BOARD / COMMISSION RECOMMENDATION At its January 8, 2015 meeting, the Energy Board approved a motion recommending City Council adoption of the ordinance being presented for first reading on January 20, 2015 amending the City Code to modify on-bill utility financing terms and allow for on-bill utility financing of business customers. The Water Board will discuss this topic at its January 15 meeting. Minutes from that discussion will be provided in the January 20 Read-Before packet. PUBLIC OUTREACH A public forum to gather feedback on the recommendations was held October 16, 2014 at the Senior Center. The forum was coordinated with community stakeholders, including the Community for Sustainable Energy. Packet Pg. 31 Attachment2.1: First Reading Agenda Item Summary, January 20, 2015 (w/o attachments) (2834 : SR 012 On Bill Utility Financing) Agenda Item 16 Item # 16 Page 4 Second Reading of this Ordinance is scheduled for February 17, 2015, in order to allow for publication and mailing of notice of this change to out-of-city customers. ATTACHMENTS 1. Work Session Summary Oct 28, 2014 (PDF) 2. Council Finance Committee minutes, November 17, 2014 (PDF) 3. Energy Board minutes, January 8, 2015 (draft) (PDF) 4. Powerpoint presentation (PDF) Packet Pg. 32 Attachment2.1: First Reading Agenda Item Summary, January 20, 2015 (w/o attachments) (2834 : SR 012 On Bill Utility Financing) - 1 - ORDINANCE NO. 012, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO MODIFY ON-BILL UTILITY FINANCING TERMS AND ALLOW FOR ON-BILL UTILITY FINANCING OF BUSINESS CUSTOMERS WHEREAS, since January 2013, Fort Collins Utilities has offered a pilot on-bill financing program to assist residential customers with financing for energy efficiency upgrades, and water supply line repairs and replacements (the "On-Bill Utility Financing Program"); and WHEREAS, the primary purpose of the On-Bill Utility Financing Program (or “Home Efficiency Loan Program”) is to provide utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, the Program can also benefit Utilities business customers; and WHEREAS, the Financial Officer has established rules and regulations for the administration of the Program with respect to the billing and collection of utility fees and charges, credit and lending standards, and rates and administrative practices per Section 26-720; of the City Code; and WHEREAS, City Council previously approved the use of Fort Collins Utilities reserve funds to provide a maximum outstanding balance of $800,000 for the On-Bill Utility Financing Program in prior budgets, budget exceptions and balance sheet reserve actions; and WHEREAS, a key purpose of the pilot On-Bill Utility Financing Program has been to further support the policy goals of Plan Fort Collins, the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, the Program has been a valuable addition to Utilities' efficiency and renewable energy programs, which foster sustainability through energy and water use reductions, local contractors and investment in the built environment and improved home comfort, health and safety; and WHEREAS, the City Council has determined it is desirable to maintain an appropriate and predictable range of interest rates for loans in the pilot On-Bill Utility Financing Program, while providing some flexibility for administration of specific loans based on administrative procedures and standards adopted by the Financial Officer, pursuant to existing authority under Section 26-720 of the City Code; and WHEREAS, on January 8, 2015, the Energy Board reviewed and voted to recommend adoption of the proposed On-Bill Utility Financing program updates to the City Code; and Packet Pg. 33 - 2 - WHEREAS, in accordance with the foregoing, the Council is adopting revisions to Chapter 26 of the City Code, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, for the reasons stated above, the City Council hereby finds and determines that the On-Bill Utility Financing Program as described herein will be for the betterment of the affected Utilities, and will be beneficial to the rate payers of those Utilities. Section 2. That Section 26-129 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. Schedule D, miscellaneous fees and charges. . . . (f) The interest rate for water service-related loans shall be no less than two and five- tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. (g) Loan-related fees for water service-related loans shall be set annually, based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 3. That Section 26-130 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-130. Agreements for special water services. . . . (b) Special services in the form of loans for water service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards, fees and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. . . . Section 4. That Section 26-289 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. Miscellaneous fees and charges. Packet Pg. 34 - 3 - The following is a schedule of miscellaneous fees and charges: Description Amount (1) Connection fees and service charges Fees shall be set forth as in Subsection 26-712(b) (2) Industrial discharge permits: a. Administration $76.00 annually b. Surveillance Determined for each user annually, based on direct cost plus 15% indirect costs, billed monthly (3) Laboratory support services Determined on a case-by-case basis based on direct cost plus 15% indirect costs (4) Materials and labor provided by City Determined on a case-by-case basis based on direct cost plus 15% indirect costs (5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer Station: a. Septic tanks, vaults, privies, portable toilets: Generated within Larimer County $0.071 per gallon Generated outside Larimer County $0.108 per gallon b. Recreational vehicle sanitary waste holding tanks: Residential customers of the City of Fort Collins Wastewater Utility No charge for individual disposal at Transfer Station Others $2.35 base fee plus $0.071 per gallon (6) Interest rate for wastewater service- related loans: 2.5% - 10% per annum; To be set for new loans annually based on the City’s cost of capital minus 100 to 200 basis points in the administrative rules and regulations of the Financial Officer pursuant to § 26-720 (7) Loan-related fees for wastewater service- To be set based on related program costs in the administrative rules and regulations of the Packet Pg. 35 - 4 - related loans: Financial Officer pursuant to § 26-720 (8) Miscellaneous fees Determined on a case-by-case basis based on direct costs plus 15% indirect costs Section 5. That Section 26-290 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-290. Agreements for special wastewater services. . . . (b) Special services in the form of loans for wastewater service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards, fees and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. . . . Section 6. That Section 26-464 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (q) Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, in the administrative rules and regulations of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. . . . Packet Pg. 36 - 5 - Section 7. That Section 26-465 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually based on the City’s cost of capital minus 100 to 200 basis points, in the administrative rules and regulations of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan- related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 8. That Section 26-466 of the Code of the City of Fort Collins is hereby amended by the addition of new subparagraph (s) to read in its entirety as follows: Sec. 26-466. General service, schedule GS. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually based on the City’s cost of capital minus 100 to 200 basis points, in the administrative rules and regulations of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 9. That Section 26-467 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (s) to read in its entirety as follows: Packet Pg. 37 - 6 - Sec. 26-467. General service 25, schedule GS25. . . . (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26- 720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, based on the City’s cost of capital minus 100 to 200 basis points, in the administrative rules and regulations of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan- related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to § 26-720. Section 10. That Section 26-712 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 26-712. Utility bill and account charges authorized; procedures. . . . (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount Service connection fee for account with one or more metered services (including nonmetered services for the same account) $ 19.65 Customer-initiated rate change (after 90 days of new service) 19.65 Service connection fee for account with only nonmetered services (stormwater, wastewater, wind, flat commercial electric, sprinkler clocks, cable towers and floodlights) 10.00 Packet Pg. 38 - 7 - Service fee to reinstate an account to the owner/ property manager between tenants $ 10.00 Manual meter reading charge, per month, charged to service addresses where metering equipment without remote communications capability is used, requiring an on-site visit to collect use data for water and/or electric service 11.00 per month Turn-off notice fee 10.00 Reconnect fee per service for water or electric following disconnection for delinquency 20.00 Trip charge for special services requested by customer during normal service hours 19.65 After-hours reconnect or after-hours trip charge for special service requested by customer – Water (after 5:00 p.m. weekdays or weekend/ holiday) 85.35 After-hours reconnect or after-hours trip charge for special service requested by customer – Electric (after 5:00 p.m. weekdays or weekend/ holiday) 85.35 Return item fee (check, electronic fund transfer, credit card, etc.) 25.00 Owner-requested repair disconnect fee, per trip 20.00 Research/document fee per hour 20.00 Packet Pg. 39 - 8 - Interest rate for utility service-related loans: 2.5% - 10% per annum; To be set for new loans based on the City’s cost of capital minus 100 to 200 basis points in the administrative rules and regulations of the Financial Officer pursuant to § 26-720 Loan-related fees for wastewater service- related loans: To be set based on related program costs in the administrative rules and regulations of the Financial Officer pursuant to § 26- 720 Section 11. That Section 26-720 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-720. Administrative rules and regulations. The Financial Officer shall formulate and promulgate rules and regulations for the administration of this Article, not inconsistent with the provisions of this Article with respect to the billing and collection of utility fees and charges, credit and lending standards and rates and administrative practices for utility loan programs, which shall include, but not be limited to, efficiency-related conditions on loans for renewable energy development; extension of utility loans of up to twenty (20) years in total terms length, at the option of customersthe borrower, not to exceed the useful life of the funded improvements; and other matters relating to the administration of customer accounts. Said rules and regulations may regulate without limitation, the forms and procedures for giving notice to customers; policies for adjusting billed amounts as necessary to correct errors or for administrative efficiency or to achieve equity; procedures for appeals; and procedures for the documentation of liens. Any rules or regulations promulgated by the Financial Officer hereunder shall be effective upon the Financial Officer's filing of the same with the City Clerk. Introduced, considered favorably on first reading, and ordered published this 20th day of January, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D. 2015. Mayor ATTEST: Packet Pg. 40 - 9 - City Clerk Passed and adopted on final reading on the 17th day of February, A.D. 2015. Mayor ATTEST: City Clerk Packet Pg. 41 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Kurt Ravenschlag, Transfort/DAR General Manager SUBJECT Second Reading of Ordinance No. 014, 2015, Appropriating Unanticipated Grant Revenue from Federal Fiscal Year 2014 Federal Transit Administration Section 5307 and Section 5339 Grants for Transit Operations and Pass-Through to Partner Transit Agencies. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 3, 2015, appropriates funds to provide local funding in exchange for federal funding to the City’s partner transit agencies in the Transportation Management Area (TMA) - the City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning Organization (NFRMPO) and to increase appropriations for Transfort operations. The added appropriations for the swap arrangements amount to $668,616 and the added appropriations for Transfort operations amounts to $210,827 - for a total appropriation request of $879,443. All appropriations are fully funded with federal grant revenues. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (PDF) 2. Ordinance No. 014, 2015 (PDF) Packet Pg. 42 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY February 3, 2015 City Council STAFF Kurt Ravenschlag, Transfort/DAR General Manager SUBJECT First Reading of Ordinance No. 014, 2015, Appropriating Unanticipated Grant Revenue from Federal Fiscal Year 2014 Federal Transit Administration Section 5307 and Section 5339 Grants for Transit Operations and Pass-Through to Partner Transit Agencies. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds to provide: local funding in exchange for federal funding to the City’s partner transit agencies in the Transportation Management Area (TMA) - the City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning Organization (NFRMPO) and to increase appropriations for Transfort operations. The added appropriations for the swap arrangements amount to $668,616 and the added appropriations for Transfort operations amounts to $210,827 - for a total appropriation request of $879,443. All appropriations are fully funded with federal grant revenues. STAFF RECOMMENDATION Staff recommends adoption the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins has entered into agreements with each of its three TMA partners to transfer local funds to the partners in exchange for the partner's allocation of federal formula funding. These agreements are specific to FFY 2014 FTA Section 5307 and Section 5339 formula grants. This request for additional appropriations to match the sum of the agreed-upon local funds exchange is fully funded with additional federal funding. In addition, Transfort wishes to increase its operating appropriations in 2015 to account for all remaining unanticipated federal revenue that will not be passed thru to its partner agencies. CITY FINANCIAL IMPACTS This Ordinance increases Transfort’s operating funds by $210,827 in 2015. BOARD / COMMISSION RECOMMENDATION This appropriation request has not been presented to the Transportation Board. However, both the Transportation Advisory Commission (TAC) and the MPO Planning Council have approved the exchange of federal and local funds between the TMA members. PUBLIC OUTREACH In compliance with FTA Circular 9030.1E, Transfort developed a Program of Projects (POP) in consultation with interested parties, made the information available to the public and provided for a public hearing. In addition, the POP was presented to the TAC for its approval and to the MPO Planning Council for its approval ATTACHMENT 1 Agenda Item 6 Item # 6 Page 2 and inclusion into the Transportation Improvement Program (TIP). ATTACHMENTS 1. MPO Agenda Item Summary (PDF) - 1 - ORDINANCE NO. 014, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM FEDERAL FISCAL YEAR 2014 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 AND SECTION 5339 GRANTS FOR TRANSIT OPERATIONS AND PASS-THROUGH TO PARTNER TRANSIT AGENCIES WHEREAS, the City has been awarded $879,443 in Federal Transit Administration (the “FTA”) Section 5307 and Section 5339 grant funding from federal fiscal year (FFY) 2014; and WHEREAS, the City has entered into agreements with its three Transportation Management Area (the “TMA”) partner agencies to provide local funding in exchange for the partner’s allocation of federal formula funding; and WHEREAS, the TMA partner agencies include the City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning Organization; and WHEREAS, this Ordinance will appropriate the FTA grant award in the amount of $879,443; and WHEREAS, a sum in the amount of $668,616 of the FTA grant funding shall be passed through to the TMA partner agencies per the exchange agreements; and WHEREAS, the Transportation Advisory Commission and the Metropolitan Planning Organization have approved the exchange of federal and local funds between the TMA partners; and WHEREAS, the balance of FTA grant funding in the amount of $210,827 will be used to fund increases to Transfort operations for 2015; 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the Transit Fund the sum of SIX HUNDRED SIXTY EIGHT THOUSAND SIX HUNDRED SIXTEEN DOLLARS ($668,616) to provide federal funding to the City’s TMA partner agencies in exchange for local funding. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Transit Fund the sum of TWO HUNDRED TEN THOUSAND EIGHT Packet Pg. 46 Attachment3.2: Ordinance No. 014, 2015 (2900 : SR 014 Transfort Appropriation) - 2 - HUNDRED TWENTY SEVEN DOLLARS ($210,827) to fund increases to Transfort operations for 2015. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 47 Attachment3.2: Ordinance No. 014, 2015 (2900 : SR 014 Transfort Appropriation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Tracy Ochsner, Assistant Operations Services Director SUBJECT First Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and Natural Gas Vehicles. EXECUTIVE SUMMARY The purpose of this item is to appropriate $67,920 and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins currently has seven plug-in electric sedans, with plans to purchase additional vehicles in the future. In order to expand the fleet, it is necessary to install additional charging stations at City facilities. The City received a "Charge Ahead Colorado" grant of $12,177 from the State of Colorado to install three stations at various City facilities to be used for Fleet vehicle charging. This grant requires a 20% local match. The City has one compressed natural gas dump truck and has received a grant of $67,920 through the Regional Air Quality Council for the incremental cost for two additional compressed natural gas dump trucks to be used by Water Utilities. This grant is funded by the "ALT Fuels Colorado" program and also requires a local match of $16,950. CITY FINANCIAL IMPACTS The vehicle charging stations grant requires a local match of $2,435 and the compressed natural gas trucks grant requires a local match of $16,950. City staff anticipates the charging stations will save 2,333 gallons of gasoline per year, while the natural gas trucks will save 3,981 bio-diesel gallons per year. Combined, this is will reduce the production of greenhouse gases by 25.7 tons annually. Packet Pg. 48 - 1 - ORDINANCE NO. 017, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE AND PRIOR YEAR RESERVES IN THE EQUIPMENT FUND FOR ELECTRIC VEHICLE CHARGING STATIONS AND NATURAL GAS VEHICLES WHEREAS, the City has been awarded a “Charge Ahead Colorado” grant from the State of Colorado in the amount of $12,177 to install three electric vehicle charging stations at City Facilities; and WHEREAS, the “Charge Ahead Colorado” grant requires a 20% local match in the amount of $2,435, which will come from Equipment Fund prior year reserves; and WHEREAS, the City has also received a grant through the Regional Air Quality Council funded by the “ALT Fuels Colorado” program in the amount of $67,920 for the purchase of two Natural Gas dump trucks to be used by the Water Utility; and WHEREAS, the “ALT Fuels Colorado” grant requires a local match in the amount of $16,950, which will come from Equipment Fund prior year reserves; 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 grant funds 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 during the fiscal year; 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 as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Equipment Fund the sum of EIGHTY THOUSAND NINETY-SEVEN DOLLARS ($80,097) for expenditure in the Equipment Fund for the purchase of two natural gas dump trucks and three fleet vehicle charging stations. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Equipment Fund the sum of NINETEEN THOUSAND THREE HUNDRED EIGHTY- Packet Pg. 49 - 2 - FIVE DOLLARS ($19,385) for expenditure in the Equipment Fund for the purchase of two natural gas dump trucks and three fleet vehicle charging stations. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 50 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Tom Leeson, Redevelopment Program Manager SUBJECT First Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Supplementing Construction Costs Associated with the Foothills Activity Center and to Transfer Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to increase 2015 appropriations in the City's General Fund by $404,000 for the purposes of supplementing construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost to the Activity Center. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The original January 17, 2014 Redevelopment and Reimbursement Agreement (Agreement) for the Foothills Mall Redevelopment project included a requirement for the construction of a new Foothills Activity Center (FAC) to replace the City's Youth Activity Center that was located on the Foothills Mall site, and was considered under the Agreement as an "Eligible Improvement" to be paid from the net proceeds of the Metro District Bonds. The cost of constructing the new FAC was not to exceed $5.1 million. As the construction plans and specifications for the FAC were finalized, it became clear the estimated costs of the FAC was going to be $700,000 greater than the originally estimated cost of $5.1 million as set forth in the Agreement. As part of good faith negotiations, and to keep the project moving forward, the City and Alberta Development Partners agreed to split the additional costs, with the City to pay up to $400,000 of the estimated $700,000 additional cost. This agreement was formalized in the Second Amendment to the Redevelopment and Reimbursement Agreement (Second Amendment) dated August, 2014 (Attachment 1). Although the City agreed to pay, subject to Council’s annual appropriation, up to $400,000 of the estimated additional cost, the total amount would not be known until the FAC plans were finalized. As a result, the $400,000 was not budgeted in the 2015 Annual Appropriation Ordinance because it was unknown if the City would need to pay the full amount. Now that the FAC plans and specifications have been finalized, it is known the actual cost of the FAC is to be $5.8 million. As a result, the $400,000 the City agreed to pay in additional costs as part of the Second Amendment needs to be appropriated out of the General Fund. The appropriation includes an additional $4,000 (1%) to be compliant with the arts in public places provisions in City Code Chapter 23, Article XII. Packet Pg. 51 Agenda Item 5 Item # 5 Page 2 Staff recommends approval of the appropriation based on: 1. Consistent with the requirements of the Second Amendment 2. The FAC is an ”Eligible Improvement” under the Agreement 3. Funding for this appropriation is supported by YTD revenue received from the mall of $1.4M from use tax and fees. 4. A short discussion at Council Finance on the topic occurred at the December meeting but did not get included in the minutes. CFC concurred with moving forward with the appropriation. The $400,000 will be paid to Alberta Development Partners as reimbursement for costs incurred on the FAC project similar to the reimbursement methodology currently being utilized for the rest of the project, and not paid in full until the FAC construction is complete. CITY FINANCIAL IMPACTS The Ordinance increases 2015 appropriations in the City's General Fund by $404,000 for the purposes of supplementing construction costs of the Foothills Activity Center. ATTACHMENTS 1. Second Amendment to Redevelopment Agreement (PDF) Packet Pg. 52 ATTACHMENT 1 Packet Pg. 53 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 54 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 55 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 56 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 57 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 58 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 59 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 60 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 61 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) Packet Pg. 62 Attachment5.1: Second Amendment to Redevelopment Agreement (2853 : Foothills Activity Center Appropriation) - 1 - ORDINANCE NO. 018, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE PURPOSE OF SUPPLEMENTING CONSTRUCTION COSTS ASSOCIATED WITH THE FOOTHILLS ACTIVITY CENTER AND TO TRANSFER APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the original Redevelopment and Reimbursement Agreement dated January 17, 2014 (the “Agreement”) for the redevelopment of the Foothills Mall (the “Mall”) included a requirement for the construction of a new Foothills Activity Center (the “FAC”); and WHEREAS, the original construction cost for the FAC was to not exceed $5.1 million dollars; and WHEREAS, the final construction plans and specifications for the FAC increased the final construction cost to $5.8 million, an increase of $700,000; and WHEREAS, in the Second Amendment to the Redevelopment and Reimbursement Agreement dated August 18, 2014 (the “Second Amendment”), the City and Walton Foothills Holdings VI, LLC, (the “Developer”) agreed to split this additional cost with the City to pay, subject to Council’s annual appropriation, up to $400,000 of the $700,000 additional cost and the Developer to pay the remaining amount; and WHEREAS, staff requests a total appropriation of $404,000, $400,000 of which is to be from prior years General Fund Reserves to be used to reimburse the Developer for the additional constructions costs for the FAC as provided in the Second Amendment; and WHEREAS, $4,000 of the remaining requested amount represents one percent (1%) of the appropriation for the FAC to be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program under City Code Chapter 23, Article XII, with $3,120 reserved for the APP artwork acquisition and $880 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, funding for this appropriation is supported by year to date revenue received from the Mall project of $1.4 million from use tax and fees; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 63 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) to fund additional construction costs for the Foothills Activity Center. Section 2. That the unexpended and unencumbered appropriated amount of THREE THOUSAND ONE HUNDRED TWENTY DOLLARS ($3,120) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP program. Section 3. That the unexpended and unencumbered appropriated amount of EIGHT HUNDRED EIGHTY DOLLARS ($880) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP program maintenance and operations. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 64 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk Management Program. EXECUTIVE SUMMARY The purpose of this item is to modify City Code Sections 8-106 and 8-108 so that responsibilities related to the management and administration of the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial Officer or his or her designee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Risk Management currently includes insurance procurement, Department Of Transportation compliance, insurance claims management, including general liability and workers compensation, and City safety (excluding Utilities). In addition, several safety professionals and safety teams exist throughout the City and Utilities that report directly into various operating groups. Efforts to improve safety performance are decentralized and uncoordinated and not Citywide. A consultant was hired to assess the current City safety performance, organization, and assess the safety culture. The consultant interviewed dozens of individual City leaders and conducted over a dozen focus groups with a cross section of City staff. The consultant report included recommendations for the creation of a new position, Director of Safety, Security and Risk Management (DSSRM), adding an Occupational Health professional to support work related injury management and analysis, as well as required medical surveillance, and the reorganization of all safety professionals and efforts into a single organization. Both of the two new positions were funded within the 2015-16 Budget. In addition, the consultant recommended elevating the position of DSSRM within the organization, ideally reporting directly to the City Manager, with an alternative of reporting to a direct report of the City Manager. A direct report to the City Manager is difficult given the multiple demands on the City Manager’s time. Because the position has historically been a part of the Financial Services Organization, staff determined it would be best for the DSSRM to report to the Chief Financial Officer (CFO). Improving safety in the work place is largely a challenge of changing the City’s cultural value and focus on safety to where getting the job done safely is as important as getting the job done. The objective of the reorganization is to create focus and direction to all safety efforts across the City and improve the consistency, coordination and implementation of all safety and security programs. A reorganization proposal has been developed by staff and communicated to the organization. While the memo shows the longer term intent of having the DSSRM report directly to the City CFO, it is currently reporting to the Director of Purchasing, consistent with the current City Code. All of the current responsibilities Packet Pg. 65 Agenda Item 6 Item # 6 Page 2 within the current Risk Management organization are included under the new DSSRM, with the added responsibilities for safety and security across the entire City. CITY FINANCIAL IMPACTS The reorganization of safety, security and risk management will not have any direct added cost beyond the additional cost funded within the 2015/16 Budget. Longer term, a reduction in worker compensation claims will offset the added cost of the two new positions. ATTACHMENTS 1. Safety Reorganization Memo, December 9, 2014 (PDF) Packet Pg. 66 ATTACHMENT 1 Packet Pg. 67 Attachment6.1: Safety Reorganization Memo, December 9, 2014 (2897 : Risk Mgmt) Packet Pg. 68 Attachment6.1: Safety Reorganization Memo, December 9, 2014 (2897 : Risk Mgmt) Packet Pg. 69 Attachment6.1: Safety Reorganization Memo, December 9, 2014 (2897 : Risk Mgmt) Packet Pg. 70 Attachment6.1: Safety Reorganization Memo, December 9, 2014 (2897 : Risk Mgmt) - 1 - ORDINANCE NO. 019, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 8-106 AND 8-108 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO IMPLEMENTATION AND ADMINISTRATION OF THE CITY’S RISK MANAGEMENT PROGRAM WHEREAS, the City Code currently requires the City’s Purchasing Agent to be responsible for implementation and administration of the City’s risk management program; and WHEREAS, the City’s Financial Officer has analyzed the City’s safety and risk management programs and determined that reorganization of personnel and responsibilities is advisable and necessary in order to maximize efforts to improve performance; and WHEREAS, the City Council has determined that the recommended City Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 8-106 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-106. Covered expenses. Except to the extent that the City has agreed otherwise in an intergovernmental agreement with any other participating entity concerning the participating entity's legal liability to third-party claimants, as authorized in § 8-105, the fund shall only be used to pay the City's uninsured portion of the following "covered expenses": (1) The City's indemnity and defense obligations to its employees under Division 6, Article VI of Chapter 2 of this Code. (2) The City's costs and attorneys' fees in defending the City and/or any of its employees against: a. Any claim arising under contract; b. An action under Rule 106 of the Colorado Rules of Civil Procedure; c. A declaratory judgment action; d. An action arising under a state or federal statute; and e. An inverse condemnation action. (3) Judgments entered against and settlements agreed to by the City in civil actions for damages arising under tort, state or federal statute, or Rule 106(a)(2) of the Colorado Rules of Civil Procedure; Packet Pg. 71 - 2 - (4) The City's costs and expenses incurred for the repair or replacement of City property, real or personal, which costs are sustained by reason of the theft of or the damage to said property, excluding normal wear and tear, provided that such theft or damage is customarily covered by a commercial property insurance policy; (5) The City's defense costs, attorneys' fees, medical expenses, disability benefits, indemnity benefits and other costs associated with workers' compensation claims filed against the City; (6) Insurance premiums, broker fees and taxes for liability, property and workers' compensation insurance policies; (7) Such costs of administering the program as are deemed reasonable and necessary by the City’s Director of Purchasing and Risk Management Financial Officer or such officer’s designee; and (8) Loss prevention costs for safety training, incentive programs, personal protective equipment for employees, industrial hygiene studies and other expenses that are deemed appropriate by the City's Director of Purchasing and Risk ManagementFinancial Officer or such officer’s designee. Section 2. That Section 8-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 8-108. Implementation and administration. (a) The City's Purchasing AgentFinancial Officer shall be responsible for implementation and administration of the program, including the settlement of claims. The Purchasing AgentFinancial Officer is authorized to promulgate rules for the proper daily management, operation and maintenance of the program, and is further authorized to enter into a professional services agreement pursuant to relevant provisions of this Code for the administration of claims. (b) The Purchasing AgentFinancial Officer or such officer’s designee shall authorize expenditures from the fund for covered expenses described in § 8-106 and shall maintain such accounting records pertaining to each such transaction as may be deemed necessary by the City's Financial Officer. Covered expenses shall be paid on an occurrence basis. (c) The total amount of the covered expenses paid out of the fund shall be allocated among the various departments of the City, and the departments charged therefor, according to the Purchasing Agent’san assessment of each department's exposure by the Financial Officer or such officer’s designee. Factors to be considered by the Purchasing AgentFinancial Officer or such officer’s designee shall include, without limitation, each department's payroll, revenue, value of property utilized, previous loss history, expected losses and reserves for workers' compensation claims that may be required by the Colorado Department of Labor and Employment. Packet Pg. 72 - 3 - Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 73 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Dan Coldiron, Chief Information Officer SUBJECT First Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. EXECUTIVE SUMMARY The purpose of this item is to request the extension of the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 90 days. The current agreement expires March 16, 2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating mutual agreement on the final elements of the new agreement very soon. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) was adopted by City Council on March 7, 2006. The current Franchise agreement will expire on March 16, 2015. The Federal Telecommunications Act allows cities and cable companies to begin negotiations up to 36 months prior to the expiration of a franchise. The City began the process in February, 2013 by issuing a Request for Proposal for consulting services to obtain a community needs assessment. Staff first met with City Council in April, 2014 to present the needs assessment report, identify issues to be addressed in the negotiations, and to obtain Council direction related to those issues. Over the course of the ensuing 10 months, City staff and Comcast negotiators met frequently and negotiated terms for most of the franchise requirements. There are, however, six items that remain unresolved, and the City’s proposal requires further discussion between the City’s negotiations team and Comcast representatives. The remaining items are of particular importance to the City of Fort Collins, citizens, and the Public, Education and Government (PEG) access community within Fort Collins. The proposed 90 day extension is anticipated to allow adequate time for the parties to fully discuss and to reach agreement on these items. Packet Pg. 74 - 1 - ORDINANCE NO. 020, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNIA/COLORADO LLC AND ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE REASONABLE USE OF, AND ERECT, CONSTRUCT, OPERATE AND MAINTAIN THROUGH, THE PUBLIC RIGHTS-OF-WAY, EASEMENTS AND OTHER PUBLIC PROPERTY ANY EQUIPMENT NECESSARY AND APPURTENANT TO THE OPERATION AND MAINTENANCE OF A CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES TO CITIZENS WITHIN THE CITY WHEREAS, Comcast of California/Colorado LLC (“Comcast”), currently holds a cable franchise (the “Franchise”) with the City of Fort Collins, granted by Ordinance No. 010, 2006, on March 7, 2006; and WHEREAS, the Franchise is scheduled to expire by its terms on March 16, 2015; and WHEREAS, Comcast and the City are in the process of negotiating a renewal of the Franchise; and WHEREAS, Comcast and the City need additional time to complete negotiations, which the parties believe will take no more than 90 days, concluding on June 14, 2015; and WHEREAS, it is in the best interests of the citizens of the City to extend the term of the Franchise for an additional 90 days; and WHEREAS, neither party waives any right that it enjoys under law as a result of agreeing to this Franchise extension, and Comcast shall not be required to file any additional request or document in order to preserve its right of renewal under Section 626 of the Cable Act; and WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That the Franchise between Comcast and the City is hereby extended for a period of 90 days, to expire on June 14, 2015. The Franchise shall remain in effect, pursuant to the terms and conditions contained therein, until the new expiration date, or until a new agreement is entered into between the parties, or until the Franchise is terminated pursuant to its terms. Section 2. That if any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the Packet Pg. 75 - 2 - remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 3. That all other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 76 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Patrick Rowe, Real Estate Specialist SUBJECT First Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City-Owned Property to Loco Ventures LLC. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of the North College Improvements Project - Conifer to Willox. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION On August 11, 2014, as part of the North College Improvements Project - Conifer to Willox, the City acquired property to be used as an access connection between College Avenue and the rear access drive serving businesses on the east side of College Avenue. Upon acquiring property interests from the adjacent property to the south, the City learned of a very nominal encroachment of the building located on that property. City staff has been in communication with the property owner’s representative who has expressed interest in resolving the encroachment, primarily to avoid potential future title issues. City staff has evaluated this request and determined that it does not affect the City’s current use or plans for the property and recommends resolving the issue by conveying a small linear strip of property (93 square feet in size) that includes the area of encroachment. This conveyance will reserve a 5-foot wide utility easement along the western boundary of the conveyance and will also include a temporary construction easement along the western boundary that is 15.45 feet wide. CITY FINANCIAL IMPACTS The value of the property has been calculated to be $425, which is based on the appraisal conducted on the property subject to the encroachment associated with the City’s purchase on August 11, 2014. Additionally, an administrative fee of $500 has been charged to offset the expense of processing the request (this amount is less than the typical fee of $1,500 as the request was made in the context of the City’s property acquisition for the North College Improvements Project). ATTACHMENTS 1. Location Map (PDF) Packet Pg. 77 ATTACHMENT 1 Packet Pg. 78 Attachment8.1: Location Map (2869 : Authorizing the Conveyance of 93 square feet of City-Owned Property) - 1 - ORDINANCE NO. 021, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF 93 SQUARE FEET OF CITY-OWNED PROPERTY TO LOCO VENTURES LLC WHEREAS, in 2014 the City acquired various interests in property along North College Avenue in preparation for the North College Improvements Project - Conifer to Willox; and WHEREAS, one parcel of property the City acquired (the “City Property”) is between 1324 and 1420 North College and is intended to be used as a connection between College Avenue and a rear access drive east of College Avenue; and WHEREAS, the City has since learned that a building on the parcel to the south of the City Property encroaches on the City Property; and WHEREAS, in order to resolve the encroachment issue the owner of the encroaching building, Loco Ventures LLC (“Loco”) has offered to purchase a strip of the City Property as described on Exhibit A, attached hereto and incorporated herein by this reference (the “Encroachment Parcel”); and WHEREAS, City staff has evaluated this request and determined that the proposed conveyance would not affect the City’s intended use of the City Property; and WHEREAS, staff has proposed that Loco be required to pay fair market value of $425 for the Encroachment Parcel, as well as a $500 administrative fee to offset City staff’s time to process the transaction; and WHEREAS, City staff is recommending that the encroachment issue be resolved in this way; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Loco Ventures LLC, as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in Packet Pg. 79 - 2 - 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 80 Exhibit "A" Page 1 of 1 Packet Pg. 81 Attachment1: Exhibit A (2877 : Authorizing the Conveyance of 93 Feet ORD) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Mark Sears, Natural Areas Program Manager Tawnya Ernst, Real Estate Specialist III SUBJECT Items Relating to Pineridge Natural Area Encroachments. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard. B. First Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Sharon and David Bottoms. C. First Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Mark and Leslie Haynam. D. First Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack. E. First Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter. F. First Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Ward and April Whicker. The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property owners who have significant and long standing encroachments on Pineridge Natural Area are requesting that City Council approve selling them the land they are encroaching upon. While this is highly unusual and certainly not something Natural Areas would normally recommend, both Natural Areas staff and the Land Conservation and Stewardship Board are recommending approval due to the unique circumstances. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. Natural Areas staff recommends that City Council sell six parcels of land from the Pineridge Natural Area to six residential property owners in the Quail Ridge Subdivision to resolve long standing and significant encroachments onto the Natural Area due to unique circumstances described in detail below. BACKGROUND / DISCUSSION Natural Areas has 44 sites and an estimated 500 adjoining private properties. Over the years, it appeared the number of encroachments by these private property owners was increasing. The encroachments included: Packet Pg. 82 Agenda Item 9 Item # 9 Page 2 landscaping; fences; structures; composting; storage of RVs, vehicles, equipment, or materials; deposition of yard waste; and unauthorized vehicular access. To address these increasing encroachment issues, the Natural Areas Encroachment Policy was developed in 2011. The Policy defines what constitutes an encroachment; defines the City Codes that can be used to enforce encroachments; defines minor encroachments that may be tolerated; and defines the enforcement monitoring process and procedures for handling violations. (Attachment 1) Since 2011, Rangers have made a more concentrated effort to monitor Natural Areas boundaries and take enforcement actions to remove encroachments. Over the last four years, the number of violations has dramatically dropped from 117 violations in 2011 to only 10 violations in 2014. In 2013, Rangers discovered several significant encroachments onto Pineridge Natural Area by residents in the Quail Ridge Subdivision. Staff purposely waited until all of the other known encroachments were resolved before addressing these unique encroachments. Some of these encroachments have existed for 20 years since the properties were developed. Staff met with nine property owners and presented them with two options: (A) Removing the encroachment (which is the typical approach) or (B) a request to City Council to sell them the land on which they are encroaching (which is not an option Natural Areas would normally recommend or even consider). Staff is willing to recommend Option B for several reasons: most of the encroachments have been there close to 20 years; they include extensive, valuable and mature landscaping; and four of the encroachments are on land Natural Areas prefers not to own due to their awkward shape and location. Three of the nine owners decided it was less expensive and relatively easy to remove their encroachments. Six of the owners decided to request a sale, four of these being parcels Natural Areas prefers not to own. Staff used the Natural Areas Utility Easement Policy as a procedural guide on how to handle the purchase requests to City Council. Per the Policy, staff required each of the property owners to pay $1,000 in estimated administrative costs to process their request and $1,500 in estimated survey costs to survey the land they want to acquire. The property owners have paid ½ of the administrative and survey costs upfront, with the remaining half of those fees plus the value of the land due at closing if their request is approved by Council. The property owners have been fully informed that if Council denies their requests they will forfeit the $1,250 they paid up front. To minimize the costs to the property owners, staff and the property owners chose to avoid the cost of appraisals, which would have cost more than the land value. The property owners agreed to have Real Estate Services determine the land values for each parcel and each property owner has agreed to the values. Each of the encroachments and requested land sales are described below: A. 3212 Alumbaugh Court - Tom and Sandra Gerrard - Area = 3,258 SF Cost = $3,315 The Gerrards have owned this property for about 4 years. The previous owner showed them the encroachment, so they were fully aware and eager to resolve the encroachment. They prefer to acquire the land and Natural Areas prefers not to own it. As shown on Attachment 2 for 3200 and 3212 Alumbaugh Court, it is an awkward and unusual property for Natural Areas to own and it has an irrigation pipe easement across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 3,258 square feet of land Packet Pg. 83 Agenda Item 9 Item # 9 Page 3 since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $815 Land Value = $3,315. B. 3200 Alumbaugh - Sam and Sharon Bottoms - Area = 5,502 SF Cost = $3,876 The Bottoms have owned this property for about 10 years. They were aware of the encroachment and thought that since the encroachment had been that way for so long the City was comfortable with their landscaping and maintenance. They were eager to resolve the encroachment and prefer to acquire the land. Natural Areas prefers not to own this parcel. As shown on Attachment 2 for 3200 and 3212 Alumbaugh Court, it is an unusual and awkward property for Natural Areas to own and it has an irrigation pipe easement across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 5,502 square feet of land since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,376 Land Value = $3,876. C. 2830 Skimmerhorn Street - Mark and Leslie Haynam - Area = 6,945 SF Cost = $4,236 The Haynams are the original owners and have owned this property for about 20 years. They were not aware of their encroachment. They relied on their builder and landscaper to layout their yard and fencing. They have also been maintaining (mowing and controlling weeds) City-owned land adjacent to them since they believed that no one else was maintaining it. They are eager to resolve the encroachment and are willing to purchase the land that they have been maintaining for years, thus they have elected to request that Council sell them the land they were encroaching on, as well as the land they have been maintaining. Natural Areas prefers not to own any of this land. As shown in Attachment 2 for 2830 Skimmerhorn Street, it is an unusual an awkward property for Natural Areas to own and it has an irrigation pipe easement across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 6,945 square feet of land since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,736 Land Value = $4,236. D. 2912 Skimmerhorn - Barry Johnson and Jane Pollock - Area = 6,840 SF Cost = $4,210 They have owned this property for about 1 year. They were not aware of the encroachment as they had not had the property surveyed prior to purchase. They wish to purchase the land and Natural Areas prefers not to own. As shown in Attachment 2 for 2912 Skimmerhorn Street, it is an unusual and awkward property for Natural Areas to own. It also has a drainage easement and drainage channel across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 6,840 square feet of land since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,710 Land Value = $4,210. E. 2924 Skimmerhorn - Martin and Judy Gutschenritter - Area = 1,350 SF Cost = $3,850 The Gutschenritters have owned this property for about 1 year. They were not aware of the encroachment as they did not have the property surveyed prior to purchase. They would like to purchase the land. This parcel is not land that Natural Areas would ordinarily wish to sell to an adjoining landowner; however staff is recommending the sale since the encroachment is very mature landscaping that has been there for approximately 20 years. As shown in Attachment 2 for 2924 Skimmerhorn Street, their encroachment is directly onto Pineridge. Real Estate Services has placed a value of $1.00 per square foot on the 1,350 square feet of land since it is developable land. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,350 Land Value = $3,850. F. 2954 Skimmerhorn - April and Ward Whicker - Area = 1,417 SF Cost = $3,917 The Whickers have owned this property for a long time. They were not aware of the encroachment as they had not had the property surveyed when they constructed their fence. They evidently made a mistake when they measured their boundary themselves and installed the fence. They are eager to resolve the encroachment and wish to acquire the land. This parcel is not land that Natural Areas would ordinarily wish to sell to an adjoining landowner; however the encroachment is a well-constructed fence that has been in place over 8 years and Packet Pg. 84 Agenda Item 9 Item # 9 Page 4 was constructed at the toe of a steep slope in a very appropriate location for both the property owner and for Natural Areas maintenance. As shown in Attachment 2 for 2954 Skimmerhorn Street, their encroachment is directly onto Pineridge. Real Estate Services has placed a value of $1.00 per square foot on the 1,417 square feet of land since it is developable land. Total Approximate Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,417 Land Value = $3,917. CITY FINANCIAL IMPACTS Natural Areas will be made financially whole. The property owners are paying for the estimated costs to process their request to Council; they are paying for the estimated costs to survey the encroachments and to prepare the legal descriptions; and they are paying for the fair market value of the land they are purchasing. Total costs to be collected from the six property owners: $8,403 Land Value + $6,000 Administrative Fees + $9,000 Survey Costs = $23,403. Staff determined that the sale these six small parcels would have no social impacts other than the obvious benefits to the six residential property owners; and the sale of approximately ½ acre of natural area will have minimal environmental impact, since the land is landscaped mostly in native vegetation and serves as wildlife habitat. BOARD / COMMISSION RECOMMENDATION At its January 14, 2015 meeting, the Land Conservation and Stewardship Board unanimously approved a recommendation that City Council sell six parcels of land from the Pineridge Natural Area to six residential property owners in the Quail Ridge Subdivision to resolve long standing and significant encroachments onto the natural area. PUBLIC OUTREACH Natural Areas staff met with each of the involved residential land owners on many occasions to discuss their encroachments and the options available to them and staff discussed the encroachments and options being offered to the residents with the Land Conservation and Stewardship Board on several occasions. ATTACHMENTS 1. Natural Areas Encroachment Policy (PDF) 2. Vicinity Map, Parcel Location Map, and Parcel Maps (PDF) 3. Land Conservation and Stewardship Board Minutes, January 14, 2015 (PDF) Packet Pg. 85 ATTACHMENT 1 Packet Pg. 86 Attachment9.1: Natural Areas Encroachment Policy (2870 : Pineridge Natural Area Encroachments) Packet Pg. 87 Attachment9.1: Natural Areas Encroachment Policy (2870 : Pineridge Natural Area Encroachments) Packet Pg. 88 Attachment9.1: Natural Areas Encroachment Policy (2870 : Pineridge Natural Area Encroachments) Packet Pg. 89 Attachment9.1: Natural Areas Encroachment Policy (2870 : Pineridge Natural Area Encroachments) Pineridge Natural Area Encroachments Vicinity Map W DRAKE RD S OVERLAND TRL S COUNTY ROAD 23 W ELIZABETH ST W STUART ST HA M PSHI R E RD YORK S H I R E ST PONDEROSA DR RAMPART RD C L EA R V I EW AVE BAN Y A N D R MINUT EMAN DR HULL ST TIMBER LN TYLER ST IMPERIAL DR BI R M I N G ROCKY RD VALL SUMAC ST BRONSON ST AZALEA DR PEAR ST FALCON DR ORCHARD MOORE LN C E DARW O Pineridge Natural Area Properties with Encroachments Pineridge Natural Area Encroachments Overview of Relevant Properties ± Skimmerhorn Street S. Overland Trail Alumbaugh Packet Pg. 91 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments) Skimmerhorn Street Alumbaugh Court 3212 3200 Pineridge Natural Area Areas of Encroachment to be Conveyed Pineridge Natural Area Encroachments 3200 and 3212 Alumbaugh Court ± Packet Pg. 92 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments) ± 2830 Pineridge Natural Area Area of Encroachment to be Conveyed Pineridge Natural Area Encroachments 2830 Skimmerhorn Street Area property owner has maintained to be Conveyed Skimmerhorn Street Alumbaugh Court ± Packet Pg. 93 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments) Pineridge Natural Area Additional area to be conveyed Pineridge Natural Area Encroachments 2912 Skimmerhorn Street Skimmerhorn Street 2912 Area of Encroachment to be Conveyed Nesbit Court ± Packet Pg. 94 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments) Pineridge Natural Area Pineridge Natural Area Encroachments 2924 Skimmerhorn Street Area of Encroachment to be Conveyed Skimmerhorn Street 2924 Nesbit Court ± Packet Pg. 95 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments) ± Pineridge Natural Area Pineridge Natural Area Encroachments 2954 Skimmerhorn Street Area of Encroachment to be Conveyed Skimmerhorn Street 2954 Packet Pg. 96 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments) Land Conservation & Stewardship Board Meeting January 14, 2015 Pine Ridge Natural Area Encroachment – Minutes Excerpt Kathryn – My only concern with this is that we don’t want to set precedence for future encroachers. Trudy - I would like to see something go to City Council emphasizing that this isn’t going to be a continuing negotiation. Greg - As long as you have the ranger enforcement in place, this shouldn’t happen again. Mark – Turn over in residents increases the chance for new encroachments. Greg – Seems like the encroachment policy is pretty black and white and that future issues would be minimal. Trudy Made a motion that City Council sell six parcels of land from the Pineridge Natural Area to six residential property owners in the Quail Ridge Subdivision to resolve long standing and significant encroachments onto the natural area. Kathryn seconded motion. Motion was unanimously approved. ATTACHMENT 3 Packet Pg. 97 Attachment9.3: Land Conservation and Stewardship Board Minutes, January 14, 2015 (2870 : Pineridge Natural Area Encroachments) - 1 - ORDINANCE NO. 022, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO THOMAS AND SANDRA GERRARD WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Thomas and Sandra Gerrard (the “Gerrards”); and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, the Gerrards were aware of the encroachment, consisting of mature landscaping, as it existed when they purchased their property, and they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Gerrards is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel is an awkward strip of land between several parcels of private property and a street and is burdened by an irrigation pipe running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Gerrards have agreed to pay a total of $3,315 for the Encroachment Parcel, consisting of $815 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and Packet Pg. 98 - 2 - WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Thomas and Sandra Gerrard as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 99 &9)*#*5" Packet Pg. 100 Attachment1: Exhibit A (2883 : Pineridge Natural Area Encroachments (A) - Gerrard ORD) &9)*#*5"DPOUJOVFE Packet Pg. 101 Attachment1: Exhibit A (2883 : Pineridge Natural Area Encroachments (A) - Gerrard ORD) - 1 - ORDINANCE NO. 023, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO SHARON AND DAVID BOTTOMS WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Sharon and David Bottoms (the “Bottoms”); and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, the Bottoms were aware of the encroachment, consisting of landscaping, but assumed the City had no objection to it as it had been in place for so long; they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Bottoms is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel is an awkward strip of land between several parcels of private property and a street and is burdened by an irrigation pipe running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Bottoms have agreed to pay a total of $3,876 for the Encroachment Parcel, consisting of $1,376 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and Packet Pg. 102 - 2 - WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Sharon and David Bottoms as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 103 &9)*#*5" Packet Pg. 104 Attachment1: Exhibit A (2884 : Pineridge Natural Area Encroachments (B) - Bottoms ORD) &9)*#*5"DPOUJOVFE Packet Pg. 105 Attachment1: Exhibit A (2884 : Pineridge Natural Area Encroachments (B) - Bottoms ORD) - 1 - ORDINANCE NO. 024, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARK AND LESLIE HAYNAM WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Mark and Leslie Haynam (the “Haynams”); and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, the Haynams were not aware of the encroachment, consisting of mature landscaping, as they are the original owners of their property and had relied on their builder and landscaper to lay out their yard and fencing twenty years ago; and WHEREAS, the Haynams have also been maintaining another strip of City-owned land adjacent to them, as they thought no one was maintaining it, and they would like to purchase all the land they have been maintaining; and WHEREAS, the portion of the City Property that would be conveyed to the Haynams is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel is a small, awkward piece of property bordered by two parcels of private property and a street and is burdened by an irrigation pipeline running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Haynams have agreed to pay a total of $4,236 for the Encroachment Parcel, consisting of $1,736 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and Packet Pg. 106 - 2 - WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Mark and Leslie Haynam as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 107 &9)*#*5" Packet Pg. 108 Attachment1: Exhibit A (2885 : Pineridge Natural Area Encroachments (C) - Haynam ORD) &9)*#*5"DPOUJOVFE Packet Pg. 109 Attachment1: Exhibit A (2885 : Pineridge Natural Area Encroachments (C) - Haynam ORD) - 1 - ORDINANCE NO. 025, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO BARRY JOHNSON AND JANE POLLOCK WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Barry Johnson and Jane Pollock (the “Johnson and Pollock”); and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, Johnson and Pollock were not aware of the encroachment, consisting of landscaping, as they have only owned their property for a year and did not have it surveyed before purchasing it, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to Johnson and Pollock is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel consists of a strip of land bordered by two parcels of private property and a street and is burdened by a drainage channel running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, Johnson and Pollock have agreed to pay a total of $4,210 for the Encroachment Parcel, consisting of $1,710 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and Packet Pg. 110 - 2 - WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Barry Johnson and Jane Pollock as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 111 &9)*#*5" Packet Pg. 112 Attachment1: Exhibit A (2886 : Pineridge Natural Area Encroachments (D) - Johnson ORD) &9)*#*5"DPOUJOVFE Packet Pg. 113 Attachment1: Exhibit A (2886 : Pineridge Natural Area Encroachments (D) - Johnson ORD) - 1 - ORDINANCE NO. 026, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARTIN AND JUDITH GUTSCHENRITTER WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Martin and Judith Gutschenritter (the “Gutschenritters”); and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, the Gutschenritters were not aware of the encroachment, consisting of landscaping, as they have only owned their property for a year and did not have it surveyed before purchasing it, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Gutschenritters is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the encroachment consists of very mature landscaping that has been in place for approximately 20 years; and WHEREAS, the Gutschenritters have agreed to pay a total of $3,850 for the Encroachment Parcel, consisting of $1,350 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the Packet Pg. 114 - 2 - City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Martin and Judith Gutschenritter as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 115 &9)*#*5" Packet Pg. 116 Attachment1: Exhibit A (2887 : Pineridge Natural Area Encroachments (E) - Gutschenritter ORD) &9)*#*5"DPOUJOVFE Packet Pg. 117 Attachment1: Exhibit A (2887 : Pineridge Natural Area Encroachments (E) - Gutschenritter ORD) - 1 - ORDINANCE NO. 027, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO WARD AND APRIL WHICKER WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Ward and April Whicker (the “Whickers”); and WHEREAS, City staff met with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, the Whickers were not aware of the encroachment, consisting of a fence and landscaping, as they did not have their property surveyed before constructing their fence, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Whickers is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the encroachment consists of a well- constructed fence at the toe of a steep slope that makes an appropriate and convenient boundary between the City Property and the Whickers’ property; and WHEREAS, the Whickers have agreed to pay a total of $3,917 for the Encroachment Parcel, consisting of $1,417 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the Packet Pg. 118 - 2 - City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Ward and April Whicker as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 119 &9)*#*5" Packet Pg. 120 Attachment1: Exhibit A (2888 : Pineridge Natural Area Encroachments (F) - Whicker ORD) &9)*#*5"DPOUJOVFE Packet Pg. 121 Attachment1: Exhibit A (2888 : Pineridge Natural Area Encroachments (F) - Whicker ORD) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Carrie Daggett, Interim City Attorney SUBJECT Resolution 2015-023 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. EXECUTIVE SUMMARY The purpose of this item is to update and simplify the Rules of Procedure for Council meetings, and to clarify that certain provisions also apply to City Council work sessions. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Since 2003, the Council has conducted its meetings under rules of procedure that govern the length of meetings, citizen comment, Council questions and debate, and basic rules of order. These Rules of Procedure have been amended on occasion to reflect changes, refinements, and clarifications to the procedures, and were most recently amended in 2013. Revisions are proposed that amend the Rules to more closely track the manner in which City Council meetings naturally proceed, and clarify that provisions related to conduct also apply to Council work sessions. In addition, descriptions of types of motions and other procedural discussion have been edited to make the document more readily usable and clearer. In summary, the revisions to the Rules of Procedure: Add provisions regarding conduct of appeal and protest procedures; Clarify that provisions regarding the order of business, length of meeting, citizen comment and basic rules of order apply to regular and special Council meetings; Clarify that provisions regarding public conduct apply to work sessions, as well as regular and special Council meetings; Simplify and revise provisions regarding the meeting length, time allowed for citizen comment and other basic rules of order to more directly describe the common practice at meetings; Edit various existing provisions to reduce ambiguity; Provide that reference to Robert’s Rules of Order may serve as a guide, but is not mandatory; and Reformat and edit the explanations of the basic rules of order and motions, to improve ease of reference and clarity. Packet Pg. 122 - 1 - RESOLUTION 2015-023 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-63 which established certain Rules of Procedure Governing the Conduct of City Council Meetings (the “Rules of Procedure”); and WHEREAS, the Rules of Procedure have subsequently been amended by the adoption of Resolutions 2004-112 and 2011-107, and 2013-008; and WHEREAS, the City Council wishes to further amend the Rules of Procedure to give greater clarity to the expectations and responsibilities of citizens attending work sessions, and to specify more clearly the manner in which the presiding officer will conduct Council meetings; and WHEREAS, the Rules of Procedure are intended to promote the orderly and efficient conduct of the meetings; and WHEREAS, the City Council believes that such regulations are in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following revised Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions are hereby adopted by the City Council: Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular or special Council meetings shall be conducted in the following order (except as provided in Subsection 1.b or Subsection 1.c, below): Proclamations and Presentations. (Prior to the meeting) Pledge of Allegiance Call Meeting to Order Roll Call City Manager’s Agenda Review Opportunity for City Council to Pull Consent Items Opportunity for Citizens to Pull Consent Items Citizen Participation Citizen Participation Follow-up Consent Calendar Packet Pg. 123 - 2 - Consent Calendar Follow-up Staff Reports Councilmember Reports Council-Pulled Consent Items Items Needing Individual Consideration Citizen-Pulled Consent Items Other Business Adjournment b. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the Code of the City of Fort Collins. c. Procedures for conduct of protest hearings or other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., or such earlier time as may be necessary in order for the presentation of proclamations to and will end by no later than 6:00 p.m. b. No more than two (2) shortAppropriate breaks will be planned per taken during meetings at the presiding officer’s discretion based on meeting length and agenda. All Councilmembers and staff will return to their seats in the Council Chambers at the conclusion of each ten-minute break. The presiding officer will resume the meeting at the prescribed time. c. Every regular 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 Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than 12:00 a.m.midnight for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be Packet Pg. 124 - 3 - allowed on matters of interest or concern to citizens other thanexcept the following: (1) items to be considered by the Council under the discussion agenda for that night’s meeting will consider at that night’s meeting that include time for citizen comment (discussion items); (2) matters that are the subject of a board or hearing officer decision that will bean application that has been filed with the City when the approval or disapproval of the application is appealable to the Council, if a submittal has been made to initiate the decisionmaking process. A maximum of five (5) minutes will be allowed per speaker. In order to determine the actual amount of time to be allotted to each speaker, the presiding officer will ask for a show of hands by all persons intending to speak. If the number of persons intending to speak is more than six (6), the presiding officer will shorten the allotted time in order to allow as many people as possible to address the Council within a reasonable period of time given the scheduled agenda. b. Comment on Agenda Items. Citizen input will be received with regard to: (i) each item on the discussion agenda,; (ii) each item pulled from the consent agenda,; and (iii) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. The time limits for individual citizen comments regarding agenda items will be established by the presiding officer prior to each such item. In order to determine the amount of time to be allotted to each speaker, the presiding officer will ask for a show of hands by all persons intending to speak to the item. If the number of persons indicating an intent to speak to an item is twelve (12) or less, each speaker will generally be allowed five (5) minutes. If the number of persons indicating an intent to speak to an item is thirteen (13) or more each speaker will generally be limited to three (3) minutes per item. However, the presiding officer may increase or decrease the time limits per speaker as he or she deems necessary to facilitate the Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion. c. Time Limits for SpeakingSubject to Modification by Council. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to Packet Pg. 125 - 4 - allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may ask those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker.Any determination of the presiding officer with regard to the foregoing time limits may be overridden by a majority vote of the Council. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. ga. Expressions of Support or Opposition. Members of the audience shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. hb. Signs and Props. Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”). Such signs or props must be held directly in front of one's body so as not to impede the view of others. Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. Signs or props may not be left unattended anywhere in the Council Chambers Meeting Room or City Hall lobby area. Signs or props attached to sticks, poles, or other objects are prohibited in the Council Chambers. jc. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is Packet Pg. 126 - 5 - permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. kd. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Council Chambers Meeting Room only if the person making the recording is seated in the Chambers, standing in a side aisle, or standing in the back of the Meeting Room Chambers behind all seated persons. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 46. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when called uponrecognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business, except as overridden by a majority of Councilmembers present and voting, pursuant to a point of order. No Councilmember will speak to an item more than once until all other Councilmembers have had an opportunity to be heard. Section 56. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are based upon Robert’s Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference shall may be made to Robert’s Rules of Order for any needed clarification or direction, however, . Iadherence to Robert’s Rules of Order shall not be mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and thea City Charter or Packet Pg. 127 - 6 - City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules MAIN MOTIONS Main motions are used to bring business before the Council for consideration and action. A main motion can be introduced only if no other business is pending. All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. A main motion may be made or seconded by any Councilmember, including the presiding officer. ItA main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. A motion to amend, once seconded, is debatable and may itself be amended once. However, a "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. A motion to amend, once seconded, is debatable and may itself be amended once. A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. Therefore, oOnce a motion to amend has been seconded and debated, it is decided before the main motion is decided. Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. Packet Pg. 128 - 7 - 2. Withdrawal or Modification of a Motion. In the brief interval between the making of a motion and the time when the presiding officer places the Motion before the Council by stating it, the maker can withdraw or modify the motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker must request may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the Council's permission to withdraw or modify his or her motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time. Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 34. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. By adoptingAdoption of a motion to lay on the table, a majority has the power to immediately halts the consideration of a questionthe affected motion, since a motion to table is neither debatable nor amendable. 45. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. Its aAdoption of a motion to postpone indefinitely kills the agenda item or main motion for the duration of the meeting and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. A motion to postpone indefinitely It is debatable but not amendable. 5. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. This motion can be debated only to the extent necessary to enable the Council to determine whether the main question should be postponed and, if so, to what date or time. Similarly, it is amendable only as to the date or time to which the main question should be postponed. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. Instead, iIf any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. TheA motion to call the question is not debatable or amendable. Packet Pg. 129 - 8 - INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules. Such a motionA “point of order” takes precedence over any pending question out of which it may arise,. This motion and does not require a second. ItA “point of order” is not amendable. and, tTechnically, a “point of order” it is not debatable. H, however: o , wWith the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer can also may consult with the parliamentarian, if there is one,City Attorney or can request the advice of experienced members of the Council. o However, nNo member has the right to express an opinion unless requested to do so by the presiding officer. When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer. If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” which is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 23. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. ThisA motion to divide a question, if seconded, takes precedence over the main motion and is not debatable. However, tThe motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another Packet Pg. 130 - 9 - member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first. Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 34. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. ThisA motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. This motion is neither debatable nor amendable. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. ThisA motion to take an item from the table is neither debatable nor amendable. When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion which has already been voted on. ThisA motion to reconsider is in order only if made on the same date that the vote to be reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered. The purpose of reconsidering a vote is to permit the correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. This motion can be made only by a member who voted with the prevailing side. When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. ThisA motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. ItA motion to reconsider is not amendable. The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. Packet Pg. 131 - 10 - 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. ThisA motion to rescind or amend something previously adopted is debatable and amendable. In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question. The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, thisadoption of a motion to rescind or amend something previously adopted should not be carefully considered made if third parties may have relied to their detriment on the previous action. In order to modify an adopted ordinance, Council must adopt a new ordinance making the desired modification, in compliance with all formalities applicable to adoption of an ordinance. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 1. Motion to Adjourn. Generally the presiding officer adjourns the meeting at his or her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time. A motion to adjourn requires a second. A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending. However, aAn unconditionedunconditional, privileged motion to adjourn takes precedence over most other motions. The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break Packet Pg. 132 - 11 - during the course of a Council meeting. A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. After a recess, the meeting resumes when the presiding officer has called the meeting back to order. Section 2. That the foregoing Rules of Procedure shall supersede all previous rules of procedure that have heretofore have been adopted by the City Council including, without limitation, Resolutions 2004-112, 2011-107 and 2013-008. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of February, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 133 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2015-026 Making Appointments to the Natural Resources Advisory Board and the Women's Commissions of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint Luke Caldwell and Kelly McDonnell to the Natural Resources Advisory Board; and Elizabeth Donovan, Molly Alderton, and Huston Morse to the Women’s Commission. These individuals fill vacancies that currently exist on the respective commission or board, due to resignations of boardmembers and expiration of terms. Applications have been solicited from September 2014 to present. Council teams have conducted interviews from November 2014 to present. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution makes 2 appointments to the Natural Resources Advisory Board and 3 appointments to the Women’s Commission to existing vacancies with terms to begin immediately. The individuals recommended to fill vacancies are included in the Resolution with their term expiration date following their names. Packet Pg. 134 - 1 - RESOLUTION 2015-026 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE NATURAL RESOURCES ADVISORY BOARD AND TO THE WOMEN’S COMMISSION OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards and commissions of the City due to resignations by board members and due to the expiration of the terms of certain members; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards and commissions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: That the following named persons are hereby appointed to fill current vacancies on the boards and commissions hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Natural Resources Advisory Board Expiration of Term Kelly McDonnell December 31, 2015 Luke Caldwell December 31, 2018 Women’s Commission Expiration of Term Huston Morse December 31, 2016 Molly Alderton December 31, 2018 Elizabeth Donovan December 31, 2018 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of February, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 135 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Delynn Coldiron, Interim Neighborhood Services Manager Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT Second Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 6-1 (Nays: Weitkunat) expands the City's Smoking Ordinance to include a complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (PDF) 2. Powerpoint presentation (PDF) 3. Ordinance No. 015, 2015 (PDF) Packet Pg. 136 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 3, 2015 City Council STAFF Delynn Coldiron, Interim Neighborhood Services Manager Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT First Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. EXECUTIVE SUMMARY The purpose of this item is to request expansions to the City's Smoking Ordinance to include a complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events. This item provides background information, community feedback and survey results, and information about actions taken in other communities. Outreach conducted included the Downtown Development Authority, downtown businesses, and various City boards and commissions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins is known as a healthy community. Creating smoke-free areas generally results in a reduction of tobacco use and improved community health. The City of Fort Collins has received many honors and awards, including awards related to being a healthy community. In 2013, Fort Collins was named the 4th Healthiest Mid-Size City in the U.S. by the Gallup-Healthways Survey. Tobacco rates are considered when overall health ratings of a community are determined, and healthy community designations provide economic appeal and community attractiveness. Larimer County research indicates that 245 municipalities have some sort of outdoor/sidewalk type restriction on smoking. Secondhand smoke exposure is proven to be harmful at any level, including in outdoor areas that are next to buildings or have a high density of tobacco users. As a result, many cities have taken steps to protect their residents, especially children or those with chronic diseases, from the dangers of secondhand smoke exposure by creating smoke-free zones, especially in high-use outdoor areas such as playgrounds, parks, trails, downtowns, or at public events. In areas where people gather for recreation or a healthy activity, breathing tobacco smoke can be an unexpected nuisance. A 2013 Colorado Tobacco Attitudes and Behavior survey found that more than half (56%) of persons surveyed reported “putting up with someone smoking around them”, with the biggest annoyance experienced in public parks. Tobacco butts are toxic and can be poisonous to small children or animals if consumed. Smoke-free areas often reduce the amount of litter that is present, improving the appearance of local parks and reducing clean up time and costs. ATTACHMENT 1 Packet Pg. 137 Attachment12.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2898 : SR 015 Smoking) Agenda Item 12 Item # 12 Page 2 Outreach activities since the November 25, 2014 council work session have included additional research of 35 other communities to determine the extent of issues created by completely banning smoking within certain areas such as a downtown, to explore mitigation methods implemented to resolve issues, and to capture information on whether there were periods of time, such as in the late evenings, when the ban was lifted or whether designated smoking areas were provided. The information varied significantly across the communities that we researched depending on the types of smoking bans, if any, they had implemented. The following is a summary of what staff learned: 6 communities had indoor restrictions only 10 additional communities had indoor restrictions plus a designated distance from doors ranging from 10 feet to 25 feet. One had a 50-foot restriction from restaurants and parks. Another had a 1,000-foot restriction from schools and parks 19 communities had restrictions that included downtown areas, parks, city facilities, or a combination of these o 2 communities had a portion of public streets banned full-time, similar to what is done at Pearl Street mall in Boulder. There were also a couple of examples where a portion of the public street was banned when there were special events o No communities had time periods where they lifted restrictions o Many communities did not regulate smoking on patios but a few had some restrictions o 6 communities restrict smoking on public golf courses o 5 communities allow designated smoking areas for special events o 7 communities either did not restrict or allowed designated areas of smoking at city facilities and grounds; 3 others did not restrict smoking after a certain distance (20’, 25’, and 80’) o Most of the communities relied on self-regulation/voluntary compliance More detailed information on the 19 communities referenced above is attached (Attachment 2). Additionally, City employees were surveyed to collect feedback on how a smoking ban on all City-owned or operated facilities and grounds would impact them. There were 450 responses received. The information showed that 62% of employees were in favor of such a ban. It also showed that 67% of employees were in favor of designated smoking areas (Attachment 3). Lastly, a second informal on-line survey was launched to collect additional community feedback specifically related to the four expansion areas discussed at the November 25, 2014 work session and to gauge the community’s level of interest in providing designated smoking areas for each option. There were approximately 2,300 responses received (Attachment 4). Specifics on the results for each area follow: 1. Old Town/Downtown The recent citizen survey (Attachment 4) indicates that 60% of the participants are in favor of applying smoking restrictions to an expanded Downtown area. The survey also indicates that 63% of the participants are supportive of having designated smoking areas provided. After reviewing this and previous survey results, considering the information gained from the additional public outreach, and learning from other communities, staff recommends a complete smoking ban within the expanded Downtown Smoke-Free Zone (Attachment 5). Staff recommends implementing the smoking expansion on January 1, 2016 in conjunction with the completion of the Old Town renovations. The renovations are anticipated to be completed by the end of 2015. This will give us time to incorporate appropriate signage and to provide education on the new requirements. Voluntary compliance is the primary tool recommended for compliance rather than an enforcement strategy. Data from other jurisdictions show that people generally voluntarily comply when informed of the regulation. Staff believes resources and effort should be put into additional educational outreach so that people are aware Packet Pg. 138 Attachment12.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2898 : SR 015 Smoking) Agenda Item 12 Item # 12 Page 3 of the smoke-free area. Just like in other communities, there will be times when this is a lower priority and may not be enforced. Prior to the scheduled Council meeting on February 3, 2015, staff plans to personally survey the downtown businesses on both sides of the perimeter streets that designate the Downtown Smoke-Free Zone. We will provide the collected data as soon as it is available. 2. Natural Areas, Parks, and Trails The recent citizen survey (Attachment 4) indicates that 59% of the participants support new regulations that would prohibit smoking in Natural Areas. It also showed that a majority of participants did not want any designated smoking areas provided. After reviewing this and previous survey results and learning from other communities, staff recommends a complete smoking ban for all City parks, trails, and Natural Areas, including golf courses. Staff recommends implementing this on September 1, 2015, giving ample time for installation of signage and providing education on the new requirements. Enforcement would be conducted primarily by the Natural Area Rangers and Park Rangers with the primary tool for compliance expected to be voluntary. 3. City-owned or Operated Public Property Including Recreational and Cultural Facilities The recent employee survey (Attachment 3) indicates that 62% of employees support a smoking ban on all City-owned or operated facilities and related grounds. It also showed that 67% of employees were in favor of having designated smoking areas. The recent citizen survey (Attachment 4) indicates that 61% of respondents support new regulations that would prohibit smoking at City-owned or operated facilities and related grounds. Just as in the employee survey, it also showed that there was strong support for designated smoking areas with 60% of participants responding in favor of this. Based on Council’s feedback at the work session, community feedback regarding parks, feedback received at recreational facilities, and input received from the employee and informal on-line surveys, staff recommends a complete smoking ban for City-owned or operated public facilities including recreational and cultural facilities and grounds (e.g., EPIC, Northside, Senior Center, City Hall, Lincoln Center, Museum of Discovery, etc.) and golf courses. Staff recommends implementing this by September 1, 2015, again giving ample time for installation of signage, additional outreach, and education on the new requirements. Enforcement would be conducted by City staff with the primary tool for compliance expected to be voluntary. 4. Special Events The recent citizen survey (Attachment 4) indicates that 61% of participants support new regulations that would prohibit smoking at City-approved special events. It also showed that 61% of participants were in support of having designated smoking areas. After review of this and previous survey results, input from event promoters, and learning from other communities, staff recommends a complete smoking ban for all City-approved special events. Staff recommends implementing this on January 1, 2016 since all events for 2015 are already approved. Staff will educate event promoters as part of the 2016 event application process. Even promoters will encourage voluntary compliance, and the City will provide incentives for compliance. Packet Pg. 139 Attachment12.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2898 : SR 015 Smoking) Agenda Item 12 Item # 12 Page 4 Ordinance Recap This ordinance includes the following additional smoking restrictions: Complete smoking ban within the Downtown Smoke-Free Zone Complete smoking ban at all City Natural Areas, Parks, and Trails Complete smoking ban at all City-owned and operated facilities and their related grounds, including golf courses Complete smoking ban at all City-approved special events Based on our research, it is evident that communities vary greatly in both the areas covered within their smoking restrictions and on the related specifics such as whether designated smoking areas are provided. Staff could not find any emergent best practices with regard to creating smoke-free areas. Based on this, as well as the City’s strategic goal of promoting the health and wellness of our community, staff is proposing a complete smoking ban in all areas covered by this item. CITY FINANCIAL IMPACTS There will be an economic impact associated with this item. Expenses will be incurred to create and install signs and banners, as well as for all activities associated with a comprehensive and ongoing education and outreach campaign. The Larimer County Health Department has offered to assist in this effort. They anticipate providing approximately $2,500 towards the cost of signage and between $3,000 and $5,000 for advertising and similar media expenses to help defray costs. Staff is currently working with other City departments to determine sign locations and quantities, as well as getting estimates for various items related to outreach and education efforts such as advertising, printing, merchandise, etc. Staff will provide this information as soon as it is available if needed. BOARD / COMMISSION RECOMMENDATION Air Quality Board - recommended approval of expansion options Golf Board - provided a letter requesting no ban for City golf courses Land Conservation and Stewardship Board - recommended expanding the Smoking Ordinance to include Natural Areas and Trails. Additionally, all boards had opportunity to provide feedback as part of the most recent general survey. There were 20 respondents representing seven of the City’s boards PUBLIC OUTREACH Public outreach for this item has included: FC Smoking Survey - March 2014 City Council Work Session - April 8, 2014 Smoke-Free Public Events Surveys - May, June, and August 2014 Outreach to larger event sponsors - Summer 2014 City Council Meeting - July 1, 2014 Business Smoking Ordinance Survey - September 2014 Presentation to Downtown Development Association - September 2014 Downtown Patrons Survey - October 2014 Council Work Session - November 25, 2014 Employee Survey - December 14, 2014 Public Survey #2 - January 2015 Social Media - Facebook, Nextdoor, and Twitter Packet Pg. 140 Attachment12.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2898 : SR 015 Smoking) Agenda Item 12 Item # 12 Page 5 ATTACHMENTS 1. Agenda Item Summary, November 25, 2014 Work Session (with attachments) (PDF) 2. Community Research (PDF) 3. City Employee Survey (PDF) 4. Citizen Survey #2 (PDF) 5. Proposed Downtown Smoke-Free Area Map (PDF) 6. Air Quality Board Recommendation, September 16, 2013 (PDF) 7. Citizen Comments received through Facebook (PDF) 8. Citizen Comments received through Nextdoor, January 2015 (PDF) 9. Citizen Comments received through Twitter (PDF) 10. Land Conservation and Stewardship Board minutes, September 10, 2014 (PDF) 11. Work Session Summary, November 25, 2014 (PDF) 12. Powerpoint presentation (PDF) Packet Pg. 141 Attachment12.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2898 : SR 015 Smoking) 1 Smoking Ordinance Expansion Options City Council Meeting – 2nd Reading February 17, 2014 Laurie Kadrich, Community Develop. & Neighborhood Services Director Delynn Coldiron, Interim Neighborhood Services Manager Smoking Ordinance Expansion Options ATTACHMENT 2 Packet Pg. 142 Attachment12.2: Powerpoint presentation (2898 : SR 015 Smoking) 2 Voluntary Compliance • Ordinance is designed to be self-enforcing – Education/Outreach – Sufficient signage – Non-smoker Encouragement • Enforcement provisions are necessary – Increase effectiveness of self-enforcement – Last resort Smoking Ordinance Expansion Options Packet Pg. 143 Attachment12.2: Powerpoint presentation (2898 : SR 015 Smoking) - 1 - ORDINANCE NO. 015, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SMOKING IN PUBLIC AREAS WHEREAS, Chapter 12, Article III of the City Code currently prohibits smoking in enclosed public places and certain outdoor public places; and WHEREAS, the City Council has previously found and determined that there is no safe level of exposure to secondhand smoke; and WHEREAS, the concern over the health impacts of secondhand smoke continues to rise among the citizens of Fort Collins; and WHEREAS, there is a need in the City to create more smoke-free zones to reduce public exposure to secondhand smoke and its related impacts; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the residents of the City that Article III of Chapter 12 of the Code of the City of Fort Collins be amended to include the creation of smoke-free areas (1) in Downtown Fort Collins, (2) in all City-owned facilities, including open spaces and parks, and (3) at all special events. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City hereby finds that: A. Secondhand smoke exposure is harmful at any level, and is especially problematic in areas next to buildings or areas in which the density of people is high. B. Creating smoke-free areas generally results in a reduction of tobacco use and improved community health. C. Fort Collins is known as, and has received many honors and awards for being, a healthy community. Tobacco rates are considered when overall health ratings of a community are determined, and healthy community designations provide economic appeal and community attractiveness. D. Tobacco butts are toxic and can be poisonous to small children or animals if consumed. Smoke-free areas reduce the amount of litter, improve the appearance of the Community, and reduce clean up time and costs. E. Smoking in natural areas can present a public safety hazard because of increased risk of wildfires resulting from the use of lighted smoking paraphernalia and can seriously impact non-irrigated, minimally landscaped areas sensitive to habitat- changing fires. Packet Pg. 144 Attachment12.3: Ordinance No. 015, 2015 (2898 : SR 015 Smoking) - 2 - F. Breathing tobacco smoke is generally an undesirable nuisance in areas where people gather for recreation or healthy activities. G. The physical constrains in the Downtown area combined with smoke-free perimeters and smoking on sidewalks causes congestion that interferes with pedestrian traffic and enjoyment of the Downtown area by the general public. H. Providing smoke-free areas for citizens and visitors promotes health and wellness within the Community and enhances quality of life. Section 2. That Section 12-56 of the Code of the City of Fort Collins is hereby amended to add new definitions to read as follows: City-owned property shall mean any real property open to the public that is City owned and City maintained or leased from another and maintained by the City, including properties designated by the City as a park, trail, open space, or natural area, and all sidewalks abutting, or separated only by a parkway from, any of the foregoing. For purposes of this definition, City-owned property shall not include public streets. . . . Downtown Smoke-Free Zone shall mean within the area bounded by the center of Mason Street from the center of Maple Street to the center of Olive Street; the center of Olive Street from the center of Mason Street to the center of Remington Street; the center of Remington Street from the center of Olive Street to the center of Oak Street; the center of Oak Street from the center of Remington Street to the center of Mathews Street; the center of Mathews Street from the center of Remington Street to the center of Mountain Avenue; the center of Mountain Avenue from the center of Mathews Street to the center of Jefferson Street; the center of Jefferson Street from the center of Mountain Avenue to the center of Maple Street; the center of Maple Street from the center of Jefferson Street to the center of Mason Street. For purposes of this definition, the center of any given street shall be deemed to be the midpoint between the outer boundaries of such street. For streets running north to south or approximately north to south, the center runs north to south or approximately north to south, respectively; for streets running east to west, the center runs east to west or approximately east to west, respectively; the center of Jefferson Street runs approximately southeast to northwest. A map showing the approximate area of the Downtown Smoke-Free Zone dated February 27, 2015, is on file in the office of the City Clerk. . . . Special event shall mean a parade, athletic contest, street fair, art and craft show, carnival, block party, soap box derby, or other outdoor event which is not a demonstration as defined in Sec. 23.5-2, that occurs on a street or highway, including sidewalks, or on a publicly owned outdoor mall or plaza, or on other property owned or leased by the City, which event does not comply with traffic laws and controls or which may, in the judgment of the Coordinator or the service area director responsible for the administration of any City affairs on the property, obstruct, delay or interfere with the Packet Pg. 145 Attachment12.3: Ordinance No. 015, 2015 (2898 : SR 015 Smoking) - 3 - normal activities, operations or flow of pedestrian or vehicular traffic on the property or which may create a significant risk of injury to the public or participants in the event or other persons, to which a special events permit has been issued pursuant to Chapter 23.5. Section 3. That a new Section 12-58.5 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 12-58.5 Smoking prohibited on City-owned property Smoking shall be prohibited on all City-owned property. Section 4. That a new Section 12-59.5 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 12-59.5 Smoking prohibited in the Downtown Smoke-Free Zone. Smoking shall be prohibited in the Downtown Smoke-Free Zone. Unless otherwise prohibited by City Code, this section shall not apply to any persons lawfully smoking in a privately owned residence or entirely within an enclosed privately owned motor vehicle. Section 5. That a new Section 12-60.5 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 12-60.5 Smoking prohibited at special events. Smoking shall be prohibited at all special events. Section 6. That the amendments made by Section 3 of this Ordinance shall not take effect until 12:01 am, September 1, 2015. Section7. That the amendments made by Sections 4 and 5 of this Ordinance shall not take effect until 12:01 am, January 1, 2016. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 146 Attachment12.3: Ordinance No. 015, 2015 (2898 : SR 015 Smoking) - 4 - Passed and adopted on final reading on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 147 Attachment12.3: Ordinance No. 015, 2015 (2898 : SR 015 Smoking) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Amy Lewin, Transportation Planner Karen Cumbo, Director of PDT Pete Wray, Senior City Planner SUBJECT Second Reading of Ordinance No. 016, 2015, Appropriating Prior Year's Reserves in the General Fund for Lincoln Neighborhood Improvement Projects and Directing the Formation of a Neighborhood Advisory Committee. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 4-2 (Nays: Cunniff, Overbeck; Poppaw recused) appropriates revenue from the General Fund Reserves for design and construction of neighborhood projects identified in the Lincoln Corridor Plan. The Lincoln Corridor Plan was adopted by City Council in May 2014. The Plan includes a list of recommended infrastructure projects in the surrounding neighborhoods. The adopted 2015-2016 budget includes $556,000 to design and construct approximately half of the projects. Staff seeks appropriation of $291,000 of General Fund Reserves to complete the remaining short-/mid-term projects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (PDF) Packet Pg. 148 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 3, 2015 City Council STAFF Amy Lewin, Transportation Planner Karen Cumbo, Director of PDT Pete Wray, Senior City Planner SUBJECT First Reading of Ordinance No. 016, 2015, Appropriating Prior Year's Reserves in the General Fund for Lincoln Neighborhood Improvement Projects and Directing the Formation of a Neighborhood Advisory Committee. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of General Funds for design and construction of neighborhood projects identified in the Lincoln Corridor Plan. The Lincoln Corridor Plan was adopted by City Council in May 2014. The Plan includes a list of recommended infrastructure projects in the surrounding neighborhoods. The adopted 2015-2016 budget includes $556,000 to design and construct approximately half of the projects. Staff seeks appropriation of $291,000 of General Fund Reserves to complete the remaining short-/mid-term projects. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Lincoln Corridor Plan was adopted by City Council in May 2014 after an extensive public outreach and engagement process. In addition to a design for Lincoln Avenue itself, the Plan includes a priority list of related neighborhood improvements that address existing deficiencies and celebrate and enhance the surrounding neighborhoods. The projects are located within the Northside Neighborhoods (Buckingham, Andersonville, San Cristo/Via Lopez, and Alta Vista). Some of these projects were previously identified in other adopted plans (such as the Northside Neighborhoods Plan (2006) and Pedestrian Plan (2011)), while others arose during the Lincoln Corridor planning process. The projects included on the list were well supported by the community during the Lincoln public outreach process. Through the Budgeting for Outcomes (BFO) process for 2015 and 2016, an offer was originally submitted to fund all ten short- and mid-term neighborhood projects identified in the Plan (Attachment 1). In the adopted budget, $556,000 was appropriated for the completion of six of the ten projects. Staff worked closely with stakeholders to prioritize the projects ultimately included in the funded offer. The funded projects are: 1. Lemay Avenue‒between Andersonville Neighborhood and Streets Facility: Push-button pedestrian signal, crosswalk (Project C in the Lincoln Corridor Plan) 2. Buckingham Neighborhood‒1st Street (west side); 3rd Street (east side): New sidewalks (Project I) 3. Buckingham Neighborhood: Signage to reduce impacts from cut-through traffic (Project H) (Note: this project has already been implemented.) 4. Andersonville Neighborhood: Relocation/replacement of existing Romero Park to Streets Facility (Project G) ATTACHMENT 1 Packet Pg. 149 Attachment13.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2899 : SR 016 Lincoln Neighborhood Improvements) Agenda Item 13 Item # 13 Page 2 5. East Vine Drive‒near Lemay Avenue (north side, Alta Vista area): Transit stop improvement: upgrade existing bus stop to add new shelter and pad (Project B) 6. Lemay Avenue‒between Buffalo Run Apartments and Walmart (east side): New sidewalk (Project D) During “Other Business” discussion at the City Council adjourned meeting January 13, support was given to fund the remaining short-/mid-term neighborhood projects. If adopted, this Ordinance will fund the following projects: 1. Alta Vista, Andersonville, and Buckingham Neighborhoods: New gateway/interpretive signage, or entrance Monument for neighborhoods (Project F) 2. Brewery Destinations: Wayfinding to provide routes between breweries that do not cut through Buckingham Neighborhood (Project A) 3. Lemay Avenue‒Buckingham Street and Lincoln Avenue (east side): Interim asphalt sidewalk Note: This project might not be needed if development in this area moves forward and provides an alternative sidewalk connection to Lincoln. (Project E) 4. Buckingham Neighborhood‒between 1st Street and 3rd Street near Lincoln: Alley improvements including ROW acquisition and paving of alley to provide better access for neighbors (Project J) Attachment 2 includes a project list and map. City Council has asked that neighborhood representatives be involved in the final planning and implementation of the neighborhood projects. Staff will identify possible candidates from the previous Lincoln stakeholder committee, as well as other representatives from the neighborhoods, for appointment by the City Manager. CITY FINANCIAL IMPACTS This Ordinance appropriates $291,000 of prior year General Fund Reserves for design and construction of the remaining recommended neighborhood projects. These funds will supplement the $556,000 previously approved by City Council as a part of the 2015-2016 budget. Several of the neighborhood projects will improve neighborhood amenities and increase access to active transportation options. Shifts to active modes of transportation have been shown to result in financial savings for individuals and the larger community through personal savings and reduced wear and tear on roadways. For the community, reduced automobile emissions and a more physically active population contributes to lower healthcare costs by reducing the incidence of disease associated with physical inactivity and air pollution. BOARD / COMMISSION RECOMMENDATION Various boards and commissions (e.g., Transportation Board, Parks & Recreation Board, Economic Advisory Commission, Planning and Zoning Board) reviewed and were supportive of these neighborhood projects in the overall outreach during the development of the Lincoln Corridor Plan; these boards ultimately recommended the plan for adoption. PUBLIC OUTREACH The Lincoln Corridor Plan included an extensive public engagement process that involved a stakeholder committee as well as numerous open houses and focus groups. The list of neighborhood projects was developed through this process, documented in the Lincoln Corridor Plan, and subsequently refined and prioritized based on neighborhood input and Council feedback through the Budgeting for Outcomes (BFO) process. Additional neighborhood outreach‒including neighborhood social events (June 2014) and a recent open house on the Plan (January 2015) were also conducted to collect feedback and provide information to the public. Packet Pg. 150 Attachment13.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2899 : SR 016 Lincoln Neighborhood Improvements) Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Original BFO Offer (June 2014) (PDF) 2. Neighborhood Project List and Map (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 151 Attachment13.1: First Reading Agenda Item Summary, February 3, 2015 (w/o attachments) (2899 : SR 016 Lincoln Neighborhood Improvements) - 1 - ORDINANCE NO. 016, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR LINCOLN NEIGHBORHOOD IMPROVEMENT PROJECTS AND DIRECTING THE FORMATION OF A NEIGHBORHOOD ADVISORY COMMITTEE WHEREAS, the Lincoln Corridor Plan (the “Plan”) was adopted by City Council in May 2014 after the public outreach and engagement process; and WHEREAS, the Plan includes a priority list of Lincoln Neighborhood Improvement projects (the “Projects”) that address deficiencies, enhance surrounding neighborhoods, and reduce automobile emissions, air pollution, and wear and tear on roadways; and WHEREAS, the local community and various boards and commissions of the City reviewed and supported the Projects identified in the Plan during the public outreach process; and WHEREAS, in the adopted 2015-2016 budget, $556,000 was approved and appropriated to fund six of the ten Lincoln Neighborhood Improvement projects originally submitted through the Budgeting for Outcomes (BFO) process; and WHEREAS, at the January 13, 2015, City Council adjourned meeting, Council members requested that staff prepare an ordinance to fund the remaining four Projects which are listed below: 1) Alta Vista, Andersonville, and Buckingham Neighborhoods – signage and historical representation; 2) Brewery Destinations - Wayfinding; 3) Lemay Avenue-Buckingham Street and Lincoln Avenue (east side) - pedestrian improvements; and 4) Buckingham Neighborhood - between 1 st Street and 3 rd Street near Lincoln - alley improvements; and WHEREAS, staff has requested an appropriation of $291,000 from prior years General Fund reserves for design and construction of the four remaining recommended Projects listed above; WHEREAS, Council desires that the City Manager form and appoint interested citizens to a Neighborhood Advisory Committee to provide input to the final planning and implementation of the neighborhood projects; 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. Packet Pg. 152 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of TWO HUNDRED NINETY ONE THOUSAND DOLLARS ($291,000) to fund four Lincoln Neighborhood Improvement projects as follows: 1) Alta Vista, Andersonville, and Buckingham Neighborhoods – signage and historical representation; 2) Brewery Destinations - Wayfinding; 3) Lemay Avenue-Buckingham Street and Lincoln Avenue (east side) - pedestrian improvements; and 4) Buckingham Neighborhood - between 1 st Street and 3 rd Street near Lincoln - alley improvements; and Section 2. That the City Manager is hereby directed to form a neighborhood advisory committee to advise the administrative staff of the City regarding the planning and implementation of the Projects. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 153 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Dean Klingner, Engineer & Capital Project Manager SUBJECT First Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate partial funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. The Lincoln Corridor Plan, approved by City Council in 2014 (Resolution 2014-040), developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million from the Street Oversizing Fund. $155,881 is available from previous developer Local Street Obligations along the project limits, and $2,238,119 is currently unfunded. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Lincoln Corridor is unique. The corridor is growing and already reflects an eclectic mix of existing uses, historic neighborhoods, retail, industrial, and natural areas-as well as a developing technology campus. In addition, this portion of Lincoln Avenue lacks basic infrastructure in many places and needs to be brought up to current City standards. Years ago Lincoln Avenue was a main entrance to downtown, and over the years it has declined in prominence. City Plan (2011) identified the Lincoln Corridor as an important project and a gateway for the downtown and East Mulberry corridor area. In addition, City Plan recognized the potential for Lincoln to become a “Great Green Street” by developing a new road design to address context-sensitive solutions to connect with Downtown and surrounding areas. The Lincoln Corridor is also recognized as a priority gateway in the Downtown Plan (1989) and the adopted Streetscape Standards which indicate where a standard arterial streetscape approach should apply and where other corridor segments and gateway intersections warrant their own tailored and more enhanced approach to streetscape design and management. Packet Pg. 154 Agenda Item 14 Item # 14 Page 2 Based on this guidance, the new design for Lincoln Avenue in the Lincoln Corridor Plan seeks to provide an enhanced level of amenities and a design that restores its importance as a primary entry to the heart of the City as well as providing an important connection from Downtown to the east and northeast. The Lincoln Corridor Plan (“the Plan”) was approved by City Council in 2014 (Resolution 2014-040). The Plan developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue. This Council action appropriates partial funding for implementation of an initial phase of the project from 1st Street to Lemay Avenue. CITY FINANCIAL IMPACTS The Lincoln Corridor Plan estimated the total cost of the Lincoln Avenue improvements to be $19.3 million. This estimate includes Final Design, construction, and a planning-level contingency of 30% for the full project limits from Jefferson to Lemay and including replacement of the Poudre River Bridge. This equates to $8 million for the section from 1st Street to Lemay Avenue. The Lincoln Corridor Plan presents a design framework with the flexibility for refinement, scalability, and phasing during the Final Design process, including potential opportunities for cost savings. Based on this idea and feedback from Council that the project does not need to include the complete level of envisioned enhancements, it is proposed that the budget for this section be reduced to $6.5 million with the understanding that the enhancements will be scaled back as needed to meet the budget. The proposed funding is summarized as follows: Source Amount General Fund Reserves $3,000,000 Street Oversizing Fund $1,106,000 Previously committed Developer Local Street Obligations $ 155,881 Unfunded $2,238,119 Total $6,500,000 The project appropriation includes $36,954 for 1% Art in Public Places (APP). Of this amount $28,824 will be transferred to the Art in Public Places non-lapsing Project in the Cultural Services and Facilities Fund for the artwork and the remaining funds will be transferred to operating accounts in the same fund for the maintenance of the artwork and operations of the APP program. As a part of the Woodward Agreement, the Developer is required to construct Right of Way improvements to both Lemay Avenue and Lincoln Avenue. At the time of the Agreement (1) the ultimate design of Lincoln Avenue was not known and (2) the full improvements were envisioned to be completed at some future date. For these reasons the Right of Way improvements on Lincoln are interim improvements. Because this council action proposes to accelerate the completion of the ultimate improvements on Lincoln Avenue, it is possible that a portion of the funding identified for the interim improvements could be applied to the unfunded portion of the ultimate improvements. BOARD / COMMISSION RECOMMENDATION Board or commission recommendations are not applicable to this Council action. However, as a part of the Lincoln Corridor Plan process, the Transportation Board, Parks and Recreation Board and the Planning and Zoning Board all recommended Council adoption of the Plan. PUBLIC OUTREACH The development of the Lincoln Corridor Plan included extensive public outreach including: • 2 large public workshops Packet Pg. 155 Agenda Item 14 Item # 14 Page 3 • Multiple open houses • 3 online surveys • Regular Boards/Commissions updates • 3 Council Work Sessions • 4 formal Stakeholder Group meetings • Multiple small group/individual meetings Since adoption of the Plan, the City has conducted additional public outreach consisting of an open house on January 12, 2015, and two different survey options, an online survey and a text survey. ATTACHMENTS 1. Vicinity Map (PDF) 2. Powerpoint presentation (PDF) Packet Pg. 156 Jefferson St Riverside Ave E Lincoln Ave N Lemay A ve 1st St 2nd St 3rd St City of Fort Collins Lincoln Avenue Improvements - 1st Street to Lemay Avenue © ATTACHMENT 1 Attachment14.1: Vicinity Map (2868 : Lincoln Avenue Improvements Appropriation) 1 Lincoln Avenue Improvements – 1st Street to Lemay Avenue Appropriation of Partial Funding February 17, 2015 ATTACHMENT 2 Packet Pg. 158 Attachment14.2: Powerpoint presentation (2868 : Lincoln Avenue Improvements Appropriation) 2 Lincoln Corridor Study Area Packet Pg. 159 Attachment14.2: Powerpoint presentation (2868 : Lincoln Avenue Improvements Appropriation) 3 Lincoln Corridor Plan • Approved in 2014 • Phased Implementation • Variety of Funding Sources • Reduced level of enhancements Packet Pg. 160 Attachment14.2: Powerpoint presentation (2868 : Lincoln Avenue Improvements Appropriation) 4 Typical Cross Section 2 travel lanes Buffered bike lanes On-street parking Wide sidewalks Reduced speed limit Packet Pg. 161 Attachment14.2: Powerpoint presentation (2868 : Lincoln Avenue Improvements Appropriation) 5 This Council Action • Appropriates partial design and construction funding. • 1st Street to Lemay Avenue (Central and East) • Will implement intent of the Lincoln Corridor Plan with lower level of enhancements • Identifies and appropriates Street Oversizing obligation. Packet Pg. 162 Attachment14.2: Powerpoint presentation (2868 : Lincoln Avenue Improvements Appropriation) 6 Proposed Funding Summary Source Amount General Fund Reserves $3,000,000.00 Street Oversizing Fund $1,106,000.00 Previously Committed Developer Local Street Obligations $155,880.80 Unfunded $2,238,120.20 Total $6,500,000.00 Packet Pg. 163 Attachment14.2: Powerpoint presentation (2868 : Lincoln Avenue Improvements Appropriation) - 1 - ORDINANCE NO. 028, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE STREET OVERSIZING FUND TO THE CAPITAL PROJECTS FUND FOR THE LINCOLN CORRIDOR IMPROVEMENTS PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the Lincoln Corridor Plan (the “Plan”) was approved by City Council pursuant to Resolution 2014-040 and the Plan developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue; and WHEREAS, City Plan recognized the potential for Lincoln Avenue to become a “Great Green Street” by developing a new road design to address context-sensitive solutions to connect with Downtown and surrounding areas; and WHEREAS, the Lincoln Avenue corridor is also recognized as a priority gateway in the Downtown Plan (1989) and the City’s adopted streetscape standards; and WHEREAS, the Lincoln Corridor portion of Lincoln Avenue lacks basic infrastructure in many places and needs to be brought up to current City standards; and WHEREAS, this appropriation is for the purpose of funding design, right-of-way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue; and WHEREAS, at the level of enhancements currently proposed, the project is estimated to cost $6.5 million, of which $4.1 million is appropriated in this Ordinance; and WHEREAS, one percent of the appropriation for the construction project, net of right of way cost, ($36,954) must be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program, with $28,824 reserved for the APP artwork project and $8,130 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 164 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for transfer from prior year reserves in the General Fund to the Capital Projects Fund and appropriated therein the sum of THREE MILLION DOLLARS ($3,000,000) for the Lincoln Corridor Improvements Project. Section 2. That the unexpended appropriated amount of ONE MILLION ONE HUNDRED SIX THOUSAND DOLLARS ($1,106,000) is hereby authorized for transfer from the Street Oversizing Fund to the Capital Projects Fund and appropriated therein for the Lincoln Corridor Improvements Project. Section 3. That the unexpended appropriated amount of TWENTY-EIGHT THOUSAND EIGHT HUNDRED TWENTY-FOUR DOLLARS ($28,824) in the Capital Projects Fund – Lincoln Corridor Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art Project. Section 4. That the unexpended appropriated amount of EIGHT THOUSAND ONE HUNDRED THIRTY DOLLARS ($8,130) in the Capital Projects Fund – Lincoln Corridor Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 165 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Ginny Sawyer, Policy and Project Manager Don Vagge, Police Deputy Chief SUBJECT Items Relating to Marijuana Code Amendments. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 029, 2015, Amending the Code of the City of Fort Collins to Regulate Cultivation of Marijuana in Locations Other Than Retail Marijuana Establishments and Medical Marijuana Businesses. B. First Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12-142 of the Code. C. [OPTION A] First Reading of Ordinance No. 031, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Cultivation Facilities. Or: [OPTION B] First Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. The purpose of this item is to address safety and nuisance gaps in the existing codes and to offer options for potential changes to the existing marijuana wholesale prohibition. Ordinance No. 029, 2015, amends City Code to address non-licensed growing (caregivers or personal use) in non-residential settings. It also allows for greater flexibility in determining what lighting is deemed safe for residential growing. Ordinance No. 030, 2015, prohibits the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except in a licensed facility. Ordinances Nos. 031 and 032, 2015, remove the existing prohibition on the wholesale of marijuana between licensed businesses. Option A allows sales only to City-licensed establishments; Option B is not limited to Fort Collins establishments. Packet Pg. 166 Agenda Item 15 Item # 15 Page 2 STAFF RECOMMENDATION Staff recommends the adoption of Ordinances No. 029 and No. 030, 2015 on First Reading. Should Council opt to remove the wholesale prohibition, staff recommends adoption of Ordinance No. 031, 2015. BACKGROUND / DISCUSSION Fort Collins has been on the leading edge of incorporating and regulating medical, retail, and personal marijuana use and practices. Because this a new and developing arena, anticipating all practices, impacts, and community desires has not been possible. Staff has continued to meet throughout the last year to consider needed improvements and adjustments to our existing codes. The proposed Ordinances are a result of staff experience or community dialogue. Ordinance No. 029, 2015, Amending the Code of the City Of Fort Collins to Regulate Cultivation of Marijuana in Locations Other than Retail Marijuana Establishments and Medical Marijuana Businesses. While licensed grows are heavily regulated there currently are not any regulations in place for caregivers or personal growers who choose to rent warehouse/industrial space for these grow operations. This ordinance requires separate enclosures for each grow, identification on each enclosure identifying the responsible party and providing proof of legal plant count, contents of each enclosure must be viewable, and requires control of odors similar to licensed businesses. This Ordinance also provides the opportunity to adjust to the changing grow-light industry. The current cultivation ordinance regulates and limits the type of lighting allowed in residential units. Staff has received pushback for not allowing high intensity (HID) lighting which runs very hot and requires fans to blow air across them to keep them cool. The industry is rapidly changing so staff is recommending a language change that would say only CFL/LED or lighting approved by the building official is allowed. Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12-142 of the Code. Fort Collins has seen an increase in explosions as a result of marijuana extraction. This operation is heavily regulated in licensed businesses but not at all in residential units by personal growers/users. Banning flammable gases was originally included in the cultivation ordinance but evidence shows people are extracting with flammable gases and other hazardous materials without actually growing. This Ordinance addresses this activity in Chapter 17 (so police can enforce) and removes it from the cultivation ordinance. Language has also been expanded to include gases, solvents, alcohol, and carbon dioxide. Ordinance No. 031, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Cultivation Facilities. (Option A) or Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. (Option B) When the retail marijuana regulations were adopted, they included a prohibition on any wholesaling of marijuana between businesses. This was included, and recommended, as a disincentive for marijuana businesses to grow more than they could sell through their licensed business. Fort Collins is the only Packet Pg. 167 Agenda Item 15 Item # 15 Page 3 community to have this restriction and our local businesses are interested in relaxing this regulation. Options and considerations are listed in the table below. ACTION CONSIDERATIONS No Change Provides disincentive for businesses to grow more than they can sell. Tightest control on tracking of plants and products. May put local businesses at a disadvantage. Sales between local businesses Gives greater flexibility and options to local businesses. Maintains straightforward plant and product tracking. Currently, local law enforcement does not have access to the State tracking system. By only having local sales, law enforcement can more readily contact local businesses to ensure legal sales. Sales between all licensed businesses in Colorado Puts local businesses on even playing field statewide. Difficult for law enforcement without access to State tracking system. Would be reliant on out-of-town agencies. PUBLIC OUTREACH The City Code amendments in Ordinance Nos. 029 and No. 030, 2015, were shared with the community at the October 4, December 12, and February 9 open houses. Wholesale options were presented at the February 9 open house. The amendment included in Ordinance No. 029, 2015 is a direct result of open house feedback. ATTACHMENTS 1. Powerpoint presentation (PPTX) Packet Pg. 168 1 Marijuana Code Amendments City Council Regular Meeting February 17, 2015 ATTACHMENT 1 2 Background-Amendments • Evolving industry and issues. • Try to bring changes together instead of one by one. • Anticipate future updates. Packet Pg. 170 Attachment15.1: Powerpoint presentation (2871 : Marijuana Code Amendments) 3 Amendments-Residential Residential Growing – Currently only allow certain type of lighting (non HID.) Proposing to let Building Official determine allowable use since industry is rapidly changing. Packet Pg. 171 Attachment15.1: Powerpoint presentation (2871 : Marijuana Code Amendments) 4 Amendments-Extractions Extractions (other than by licensed businesses) Proposed new regulations ban use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol. Packet Pg. 172 Attachment15.1: Powerpoint presentation (2871 : Marijuana Code Amendments) 5 Amendments-Non Residential Growing in Non-Residential Location Proposing: • Enclosures of grows by different people. • Identification on each enclosure identifying the responsible party and providing proof of legal plant count. • Require control of odors similar to licensed businesses. Packet Pg. 173 Attachment15.1: Powerpoint presentation (2871 : Marijuana Code Amendments) 6 Amendments-Wholesale Licensed businesses currently prohibited from wholesale of product (does not include edibles.) Proposed Options: • Leave prohibition in place • Allow wholesale between licensed businesses in Fort Collins • Allow wholesale statewide Packet Pg. 174 Attachment15.1: Powerpoint presentation (2871 : Marijuana Code Amendments) - 1 - ORDINANCE NO. 029, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO REGULATE CULTIVATION OF MARIJUANA IN LOCATIONS OTHER THAN RETAIL MARIJUANA ESTABLISHMENTS AND MEDICAL MARIJUANA BUSINESSES WHEREAS, Article XVIII, Section 14 of the Colorado Constitution allows a primary caregiver to cultivate, possess or dispense medical marijuana for use by patients approved for the use of medical marijuana; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution allows a person to possess one ounce or less of marijuana, and to grow no more than six marijuana plants; and WHEREAS, Chapter 15, Article XVII of the City Code currently regulates the cultivation of marijuana in dwellings, but fails to address such cultivation in non-residential structures; and WHEREAS, Police Services and the Poudre Fire Authority have advised the City Council of significant health and safety concerns raised by the growing of large quantities of marijuana in such non-residential structures; and WHEREAS, City staff recommends that the City Code be amended to regulate the cultivation of marijuana in non-residential structures; and WHEREAS, City staff also recommends that the City Code be amended to modify current provisions on lighting and odors and to make them apply to non-residential structures as well as dwellings; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-140 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-140. Scope and purpose. These rulesThis Article governs the cultivation of marijuana in the City in locations other than retail marijuana establishments or medical marijuana businesses. Section 2. That Section 12-141 of the Code of the City of Fort Collins is hereby amended to add definitions of “Cultivate or cultivation” “Dwelling unit,” “Enclosure,” “Marijuana,” “Medical marijuana,” “Non-residential structure,” “Primary caregiver” and “Recreational marijuana” which definitions read in their entirety as follows: Packet Pg. 175 - 2 - Cultivate or cultivation shall mean the process by which an individual grows a marijuana plant. Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. Enclosure shall mean the physically separated area within which each individual’s marijuana plants are kept, which shall include at a minimum, sturdy, chain-link fencing, or other barrier of similar size, strength and density, anchored to the floor of the area. Marijuana shall mean medical or recreational marijuana. Medical marijuana shall mean marijuana that is grown or sold for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution. Non-residential structure shall mean any structure that is neither a dwelling nor a building that contains a dwelling unit. Primary caregiver shall mean a natural person, other than the patient or the patient’s physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Recreational marijuana shall mean marijuana that is grown for a purpose authorized by Article XVIII, Section 16 of the Colorado Constitution. Section 3. That Section 12-142 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-142. Marijuana cultivation. (a) Cultivation, generally. (1) No marijuana cultivation shall be conducted openly or publicly. (2) Marijuana cultivation shall comply with all applicable requirements of the laws and regulations of the City and the state. (3) Marijuana cultivation shall not occur in detached outbuildings. (4) In no event shall a person cultivating marijuana pursuant to this Article keep, cultivate or process more marijuana than such person is entitled to possess under Article XVIII, Sections 14 or 16 of the Colorado Constitution. Packet Pg. 176 - 3 - (5) All marijuana cultivation shall take place in a locked and enclosed space. (6) All marijuana products kept on premises where marijuana plants are grown shall be stored in a locked and enclosed space. (7) No marijuana produced under this section shall be made available for sale except for a primary caregiver selling medical marijuana to his or her patient to recover the cost of cultivating or purchasing the medical marijuana pursuant to C.R.S. Section 25-1.5-106. (8) Marijuana cultivation shall not be perceptible from the exterior of the dwelling or non-residential structure in which the cultivation occurs. (9) No marijuana cultivation activity shall result in the emission of any odors, heat or glare that is noticeable at or beyond the property line of the dwelling or non-residential structure at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any odors, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. (10) The owner or lessee of the dwelling or non-residential structure shall make all marijuana product waste unusable and unrecognizable prior to such waste leaving the subject premises. (b) Cultivation within dwellings. (1) No dwelling shall be used primarily as a place to cultivate marijuana. (2) In no event shall more than twelve (12) marijuana plants of any size, or six (6) mature marijuana plants, be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. (3) No marijuana plants may be cultivated within any dwelling unit in a two- family, multi-family or single-family attached dwelling. (4) Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. Packet Pg. 177 - 4 - (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. (6) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited, unless approved by the City’s Building Official. (7) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. (c) Cultivation within non-residential structures. (1) No person who cultivates medical marijuana shall exceed the number of plants nor provide for more patients, than authorized and approved by the Colorado Department of Public Health and Environment. (2) No person who cultivates recreational marijuana shall exceed the number of plants authorized by Article XVIII, Section 16 of the Colorado Constitution. (3) No person shall cultivate marijuana in a non-residential structure in which another person is cultivating marijuana except where each person has an enclosure that is at least two (2) feet apart from another person’s enclosure. (4) All marijuana products kept on premises where marijuana plants are grown shall be stored in an enclosure. (5) The contents of each enclosure shall be viewable from outside such enclosure. (6) Any person who cultivates marijuana shall maintain documentation of authorized plant and/or patient count, and post such documentation along with personal contact information on the exterior of the enclosure so as to be easily Packet Pg. 178 - 5 - accessed by a public official acting under the color of his or her official authority to enforce the law or perform an official duty within the scope of his or her employment. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 179 - 1 - ORDINANCE NO. 030, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADDING SECTION 17-194 TO THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT THE USE OF FLAMMABLE GASES, FLAMMABLE SOLVENTS, FLAMMABLE LIQUIDS, AND/OR ALCOHOL IN THE EXTRACTION OF THC OR OTHER CANNABINOIDS IN LOCATIONS OTHER THAN LICENSED MEDICAL AND RETAIL MARIJUANA MANUFACTURING PRODUCTS FACILITIES AND DELETING SUBSECTION (b)(5) OF SECTION 12-142 OF THE CODE WHEREAS, the adoption of Amendment 20 added Section 14 to Article XVIII of the Colorado Constitution, which created an affirmative defense and a limited exception to state criminal laws for patients and primary caregivers who possess or produce a limited amount of marijuana concentrate for medical use to treat a debilitating medical condition; and WHEREAS, Article XVIII, Section 14 of the Colorado constitution prohibits both patients and primary caregivers from acquiring or producing marijuana concentrate in a way that endangers the health and well-being of any person; and WHEREAS, the adoption of Amendment 64 added a new Section 16 to Article XVIII of the Colorado Constitution, which allowed persons over the age of twenty-one (21) in Colorado to claim immunity from prosecution under city or state laws for possessing or processing marijuana concentrate in a quantity of one ounce or less for personal use or for distribution to others without compensation; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution provides that, in the interest of the health and public safety of our citizenry, marijuana sold in Colorado will be subject to additional regulations to ensure that consumers are protected; and WHEREAS, both of these provisions are silent on the question of how and where marijuana concentrate may be processed for medical or personal use; and WHEREAS, as a result in a gap in the law in terms of regulating the appropriate methods and locations where marijuana concentrate may be extracted from marijuana plants, both Fort Collins Police Services and the Poudre Fire Authority have encountered dangerous situations where persons in inappropriate, unregulated settings including dwellings, are using flammable gases, including but not limited to, butane, in the extraction of THC; and WHEREAS, the prohibition of compressed gases and solvents currently in the City Code under a section designed to regulate cultivation within dwellings does not cover situations where a person is not growing marijuana, but is only extracting marijuana with the use of flammable gases; and WHEREAS, C.R.S. Section 9-7-113 provides that a local government may ban the use of a compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids in a residential setting; and Packet Pg. 180 - 2 - WHEREAS, the City has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, City staff recommends that to better ensure the health, safety and welfare of the citizens of Fort Collins, the City should eliminate the current provision prohibiting compressed gases and solvents under a section of the code dealing with cultivation within dwellings, and prohibit the use of flammable gases, flammable solvents, flammable liquids and/or alcohol in the extraction of THC or other cannabinoids in the City other than in licensed medical and retail marijuana manufacturing facilities; and WHEREAS, City staff recommends that the City Code be amended to include such a prohibition: and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-190 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions, “Cannabinoids” and “Tetrahydrocannabidinol (THC)” which read in their entirety as follows:: Sec. 17-190. Definitions. Cannabinoids shall mean any of a group of closely related compounds that include cannabinol and the active constituents of cannabis. Tetrahydrocannabidinol (THC) shall mean a compound obtained from cannabis or made synthetically, that is the primary intoxicant in marijuana and hashish. Section 2. That Article XI of Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-194 which reads in its entirety as follows: Sec. 17-194. Use of flammable gases, flammable solvents, flammable liquids, and/or alcohol for extractions prohibited. No person shall use flammable gases, flammable solvents, flammable liquids and/or alcohol in the extraction of THC or other cannabinoids in the City unless such person is doing so in a licensed medical marijuana infused products manufacturing facility or in a licensed retail marijuana products manufacturing facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder, including any and all necessary permits. Packet Pg. 181 - 3 - Section 3. That Section 12-142(b)(5) of the Code of the City of Fort Collins is hereby deleted in its entirety and all subsequent subparagraphs are renumbered accordingly: (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 182 - 1 - OPTION A ORDINANCE NO. 031, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 15-609 OF ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW THE SALE OR DISTRIBUTION OF RETAIL MARIJUANA FROM RETAIL MARIJUANA CULTIVATION FACILITIES TO CERTAIN RETAIL MARIJUANA STORES OR RETAIL MARIJUANA CULTIVATION FACILITIES WHEREAS, the City Code currently restricts the sale of retail marijuana from a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturing facility that is owned and operated in the City by the licensee of the retail marijuana cultivation facility; and WHEREAS, staff has evaluated the possible removal of this restriction so as to allow licensees to sell or distribute retail marijuana from their retail marijuana cultivation facilities to retail marijuana stores or retail marijuana cultivations facilities in the City; and WHEREAS, the City Council has determined that the proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS That Chapter 15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-609. Retail marijuana cultivation facilities. (a) Only a licensed retail marijuana store or retail marijuana products manufacturing facility may be licensed as, or may operate, a retail marijuana cultivation facility in the City. (b) All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. (c) Retail marijuana cultivation facilities may sell or otherwise distribute retail marijuana only to those licensed retail marijuana stores or licensed retail marijuana products manufacturing facilities that are owned and operated in the City by the licensee of the retail marijuana cultivation facility in the City that are in good standing with no pending violation(s) or current suspended sentence as a result of a violation(s) of Article XVII, Chapter 15 of the City Code, or other applicable local regulatory provisions; Article XVIII, Section 16 of the Colorado Constitution; the Colorado Retail Marijuana Code; and the Colorado Retail Marijuana Enforcement Division Rules and Regulations. This provision should not be construed as preventing a retail marijuana cultivation facility from submitting retail marijuana to a licensed retail marijuana testing facility for the purpose of analyzing its safety and potency. Packet Pg. 183 - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 184 - 1 - OPTION B ORDINANCE NO. 032, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 15-609 OF ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW THE SALE OR DISTRIBUTION OF RETAIL MARIJUANA FROM RETAIL MARIJUANA CULTIVATION FACILITIES TO CERTAIN RETAIL MARIJUANA STORES OR RETAIL MARIJUANA PRODUCT MANUFACTURING FACILITIES WHEREAS, the City Code currently restricts the sale of retail marijuana from a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturing facility that is owned and operated in the City by the licensee of the retail marijuana cultivation facility; and WHEREAS, staff has evaluated the possible removal of this restriction so as to allow licensees to sell retail marijuana from their retail marijuana cultivation facilities to retail marijuana stores or retail marijuana products manufacturing facilities anywhere in Colorado; and WHEREAS, the City Council has determined that the proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-609. Retail marijuana cultivation facilities. (a) Only a licensed retail marijuana store or retail marijuana products manufacturing facility may be licensed as, or may operate, a retail marijuana cultivation facility in the City. (b) All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. (c) Retail marijuana cultivation facilities may sell or otherwise distribute retail marijuana only to thoselicensed retail marijuana stores or licensed retail marijuana products manufacturing facilities that are in good standing with no pending violation(s) or current suspended sentence as a result of a violation(s) of Article XVII, Chapter 15 of the City Code, or other applicable local regulatory provisions; Article XVIII, Section 16 of the Colorado Constitution; the Colorado Retail Marijuana Code; and the Colorado Retail Marijuana Enforcement Division Rules and Regulations that are owned and operated in the City by the licensee of the retail marijuana cultivation facility. This provision should not be construed as preventing a retail marijuana cultivation facility from submitting retail marijuana to a licensed retail marijuana testing facility for the purpose of analyzing its safety and potency. Packet Pg. 185 - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 186 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Wanda Nelson, City Clerk SUBJECT Resolution 2015-025 Forming an Airport Commission Selection Committee and Appointing Two Councilmembers to Serve on the Committee. EXECUTIVE SUMMARY The purpose of this item is to appoint two Councilmembers to the Airport Commission Selection Committee. The Intergovernmental Agreement (IGA) between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a committee of two Councilmembers from each City to make recommendations for appointment to the Airport Commission. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On January 6, 2015, Council approved Resolution 2015-002 adopting the Airport Strategic Plan, and Resolution 2015-003 authorizing the Mayor to Execute an Amended and Restated Intergovernmental Agreement (IGA) between the owners of the Municipal Airport, the cities of Fort Collins and Loveland. As part of the Strategic Plan, a seven member Airport Commission will be created. Two members of the Airport Commission will be City of Fort Collins Councilmembers or employees, and the Commission will include one “Citizen Member” appointed by the Fort Collins City Council, and one “Joint Citizen Member” appointed by the cities of Fort Collins and Loveland. Adoption of this Resolution appoints two Councilmembers to the Airport Commission Selection Committee to evaluate applicants and recommend to the Council for appointment the citizen members of the Commission. Packet Pg. 187 - 1 - RESOLUTION 2015-025 OF THE COUNCIL OF THE CITY OF FORT COLLINS FORMING AN AIRPORT COMMISSION SELECTION COMMITTEE AND APPOINTING TWO COUNCILMEMBERS TO SERVE ON THE COMMITTEE WHEREAS, on January 6, 2015, the City Council passed Resolution 2015-002 adopting the Airport Strategic Plan; and WHEREAS, on the same date, the City Council passed Resolution 2015-003, authorizing the Mayor to execute an Amended and Restated Intergovernmental Agreement between the cities of Loveland and Fort Collins, which are the owners of the Fort Collins-Loveland Municipal Airport; and WHEREAS, as a part of the Strategic Plan, and as agreed upon in the Amended and Restated Intergovernmental Agreement, there is to be established a seven member Airport Commission, with two members who can either be Fort Collins City Councilmembers or employees of the City, with one additional member to be appointed by the Fort Collins City Council and one additional member to be appointed jointly by the cities of Loveland and Fort Collins; and WHEREAS, the purpose of this Resolution is to form an Airport Commission Selection Committee to interview and evaluate qualified applicants to serve as citizen members of the Airport Commission for recommendation to the City Council for appointment to the Commission, and to appoint two City Councilmembers to serve on the Selection Committee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That an ad hoc Airport Commission Selection Committee is hereby established for the purposes set forth above. Section 2. That ____________ and _________________ are hereby appointed to serve on the Airport Commission Selection Committee. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of February, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 188 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Janet Miller, Human Resources Director SUBJECT Resolution 2015-024 Directing Staff and the Recruiter to Begin Negotiations Regarding the Terms and Conditions of an Employment Agreement with a Selected Candidate for the City Attorney Position. EXECUTIVE SUMMARY The purpose of this item is to seek direction from Council on whether staff and the executive recruiter should engage in negotiation discussions related to the terms and conditions of employment between the City and a selected candidate for the City Attorney position. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION The City began a recruitment process for the City Attorney position in October 2014 with the support of an executive recruitment firm, Slavin Management Consultants (Slavin). Slavin presented possible finalist candidates' resumes and credentials for consideration. Three finalists were identified on January 13, 2015 and interviews were conducted by Council on February 10, 2015. Finalists are Paul Brachvogel, General Counsel and Director of Administrative Services, Cowlitz County Public Utilities District, Ridgefield, Washington; Carrie Daggett, Interim City Attorney, City of Fort Collins; and Shaun Sullivan, Municipal Operations Director, Denver City Attorney’s Office. Staff is seeking guidance from Council on whether to engage in negotiations with a particular finalist to discuss potential terms and conditions of employment. This Resolution provides that direction and identifies the candidate. Packet Pg. 189 - 1 - RESOLUTION 2015-024 OF THE COUNCIL OF THE CITY OF FORT COLLINS DIRECTING STAFF AND THE RECRUITER TO BEGIN NEGOTIATIONS REGARDING THE TERMS AND CONDITIONS OF AN EMPLOYMENT AGREEMENT WITH A SELECTED CANDIDATE FOR THE CITY ATTORNEY POSITION WHEREAS, on July 22, 2014, the City Council adopted Resolution 2014-065 establishing a recruitment process for appointment of the City Attorney; and WHEREAS, on August 19, 2014, the City Council adopted Resolution 2014-076 creating a Council Committee to make recommendations to the Council, commencing the process to select a search firm, and adopting a plan and target schedule for the recruitment and selection of a City Attorney; and WHEREAS, on January 13, 2015, the City Council adopted Resolution 2015-006 selecting three final candidates for the City Attorney position; and WHEREAS, on February 10, 2015, the City Council interviewed the three finalists for the City Attorney position. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that City staff and the recruiter are directed to begin negotiations with the person named below regarding the terms and conditions of an employment agreement for the City Attorney position and such agreement to be presented for City Council consideration on March 3, 2015: _____________________________________ Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of February, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 190 O D D R CYPRESS DR PEC A N S T CASTLEROCK DR MOFFETT DR FUQUA DR G A R R E T T D R COUNTY ROAD 42C GALLUP RD HILLCREST DR RO S S DR S O MERV I L L E D R MEAD ST DIXON COVE DR M A N C H E S TER D R ASH DR KIMBALL RD SUFFOLK ST C O U N T Y RO A D 2 3 LARCH ST ZE NDT DR C ONEF L O WER DR M C K EA G DR G O LD E N C U RRAN T B L VD PLEASANT VALLEY RD W Y A N DO T TE D R K I T T ER C O V E N TR Y C T SODERBU PAL M D R C ONTINENTAL CIR S K I M M E R H ORN S T CHURCHILL CT P A M P A S D R PRIMROSE LN S I L V E R O A K S DR NEIL DR LA N G S HI R E D R Y O R KTOWN A V HYLINE DR DALTON DR AUNTIE STONE ST DERBY CT BIANCO DR CHAR O L A I S D R V I R GI NIA D A L E DR KINNISON DR MICHENER DR RAMS LN C A T A L P A DR ETTON D R GAR D E N DR KENT CT VILLAGE LN ME R C Y DR ARGENTO DR HOLLY ST C H EVIO T D R DEERFIELD DR LONGWORTH RD M O NTV I E W R D AYR S H I R E DR BL U E L E A F D R DORS E T DR FISCH AVE GLENMOOR DR KINGSB O R O U G H DR ROMNEY AVE B ROKEN BOW RD COMPASS CT C L Y D E SD A L E D R CRAGMORE DR SECCOMB ST C H A R LE S T O N W A Y COCKNEY ST TIE R R A LN MEADOWBROOK DR EF ROSS CT AMES CT LAR K S P U R DR CHES H I R E ST WATER BLOSSOM LN LA REATTA CT ROM ELDALE LN TU N IS CIR MICHA E L LN CAT A L PA CT E SH E F F IELD CIR RAMBOUILLET DR WILDWOOD RD MARSHWOOD DR HAMPSHIRE CT MOSS ROSE LN TIMBER CT MANET C T BERKSHIRE DR EVERGREEN DR TUCKER CT HARALSON CT FARGHEE CT HUNTINGTON CIR MCALLISTER CT MERINO CT LEXINGT ON CT KARAKUL DR HINRY ST HONEYSUCKLE CT FLEETWOOD CT STADIUM CT HORSETOOTH CT OAK HILL CT COVINGTON CT PALM CT SHEFFIELD CT ENFIELD M CKEAG CT CATALPA PL RADCLIFF CIR LINDSEY CT MOORE LN G L EN M O OR DR EVERGREEN DR W LAKE ST W PLUM ST ORCHARD PL LOUIS W PLUM ST ORCHARD PL D i x o n R e s e r v o i r H o r s e t o o t h R e s erv o i r C o t t o n w o o d G l e n P o n d e g e L a k e Sprin g Creek S County Road 23 W Prospect Rd S Overland Trl S Centennial Dr W Elizabeth St W Ho rs et oo th Rd S Taft Hill Rd W Drake Rd County Road 42C Pineridge Natural Area ± Maxwell Natural Area Project Location—Quail Ridge Subdivision ATTACHMENT 2 Packet Pg. 90 Attachment9.2: Vicinity Map, Parcel Location Map, and Parcel Maps (2870 : Pineridge Natural Area Encroachments)