Loading...
HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 03/28/2017 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann 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 (V/TDD: Dial 711 for Relay Colorado) for assistance. Adjourned Meeting March 28, 2017 6:00 p.m.  CALL MEETING TO ORDER  ROLL CALL 1. Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in Community Solar Projects. (staff: John Phelan; no staff presentation; 5 minute discussion) This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and “program-managed” community solar projects, and to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-managed community solar project. In addition, this item provides background on the income qualified SAP which will provide participating Fort Collins electric customers with direct bill credits for a one year period. During that time, SAP households will participate in efficiency and conservation installations customized to each household, drawing on resources from Utility Services, Larimer County and the State of Colorado. Program households will also participate in energy saving education and complete efficiency upgrades. Combined, the efficiency and education opportunities will enable program households to permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of qualifying households will benefit from a reduced energy burden as individual participants in the program, and the benefits of additional renewable energy generation will be realized across the residential rate class. The proposed credit rate for SAP and other dedicated program-managed community solar project customers is the same rate as that currently available to customers of subscriber-owned community solar projects, like the Riverside Community Solar project. City of Fort Collins Page 2 2. First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements. (staff: Mark Jackson; no staff presentation; 5 minute discussion) The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of an annual regional contribution of local matching funds for the Colorado Department of Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA) with Larimer County and participating local agencies, including the City, to contribute local matching funds for this purpose. This is the first of five annual installments of these payments to Larimer County under the IGA. Local matching fund commitments accelerate the improvements to I-25 in Northern Colorado. 3. Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the City's Contribution of Funds for the North Interstate 25 Improvements. (staff: Mark Jackson; no staff presentation; 5 minute discussion) The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit $2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local matching funds for the North I-25 Improvements project. Local match funding contributions from Fort Collins and other regional agencies allow the I-25 improvements to be accelerated by as many as fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget. 4. First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to Clarify that Civil Actions Arising Under the City's Ordinances are not Intended to Create by Implication Claims for Monetary Damages for the Benefit of Third Parties. (staff: Judge Kathleen Lane, Carrie Daggett; no staff presentation; 5 minute discussion) The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be used to govern the procedures for civil actions filed in Municipal Court that do not arise from violations of the City Charter or Code.  OTHER BUSINESS A. Council will consider a motion to adjourn into executive session. B. Motion to cancel the April 4, 2017 Regular Council meeting. (Municipal Election) C. Call of Special Meeting for 6:00 p.m., Tuesday, April 11, 2017. (Organizational Meeting)  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY March 28, 2017 City Council STAFF John Phelan, Energy Services Manager SUBJECT Second Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in Community Solar Projects. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 21, 2017, expands the definition of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and “program- managed” community solar projects, and to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-managed community solar project. In addition, this item provides background on the income qualified SAP which will provide participating Fort Collins electric customers with direct bill credits for a one year period. During that time, SAP households will participate in efficiency and conservation installations customized to each household, drawing on resources from Utility Services, Larimer County and the State of Colorado. Program households will also participate in energy saving education and complete efficiency upgrades. Combined, the efficiency and education opportunities will enable program households to permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of qualifying households will benefit from a reduced energy burden as individual participants in the program, and the benefits of additional renewable energy generation will be realized across the residential rate class. The proposed credit rate for SAP and other dedicated program-managed community solar project customers is the same rate as that currently available to customers of subscriber-owned community solar projects, like the Riverside Community Solar project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION During discussion on First Reading, Councilmember Stephens noted that this project only serves a handful of families, and that she would like to reach more families and find other ways to make a difference for those paying a lot for electricity bills. The Solar Affordability Program (SAP) will serve a different set of 20 to 30 Fort Collins electric customers annually. Over the life of the solar system hundreds of qualifying households should benefit from a reduced energy burden as participants in this income-qualified program combining efficiency, conservation and solar benefits, i.e., approximately 100-150 different households over five years, and 200-300 households over 10 years. An essential component of the SAP is to demonstrate that the customers participating are able to consistently reduce their energy use and energy cost burden for an extended period of time. Upon demonstration of this impact, Utilities can look towards expanding and replicating the models for engaging low income customers with both solar and efficiency. Fort Collins Utilities has several other projects in development to continue expansion of services which can reduce energy burdens for income qualified customers: 1 Packet Pg. 3 Agenda Item 1 Item # 1 Page 2  Supporting the installation of over 40 kilowatts of solar in 2017 for CARE Housing and Habitat for Humanity.  Fort Collins Utilities and Platte River Power Authority are formalizing an agreement with Energy Outreach Colorado, a non-profit energy efficiency agency, to provide additional income qualified services for multi- family, single family and non-profit buildings. ATTACHMENTS 1. First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (PDF) 2. Utilities Afffordability Portfolio (PDF) 3. Ordinance No. 035, 2017 (PDF) 1 Packet Pg. 4 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 035, 2017, Amending Chapter 26 of the Code of the City of Fort Collins to Revise Electric Rates, Fees and Charges for Customers Participating in Community Solar Projects. EXECUTIVE SUMMARY The purpose of this item is to expand the definition of “community solar projects” in Chapter 26 of the City Code to include both “subscriber-based” and “program-managed” community solar projects, and to establish a net metering rate applicable to the Solar Affordability Program (SAP), a new program-managed community solar project. The SAP will rely on energy generated by the 64 kilowatt photovoltaic system installed at 518 N. Loomis Street (the “Loomis Project”) to serve income qualified customers and be administered according to program objectives established by the Utilities Executive Director pursuant to City Code Sections 26-464(h) and 26-465(h). In addition, this item provides background on the income qualified SAP which will provide participating Fort Collins electric customers with direct bill credits for a one year period. During that time, SAP households will participate in efficiency and conservation installations customized to each household, drawing on resources from Utility Services, Larimer County and the State of Colorado. Program households will also participate in energy saving education and complete efficiency upgrades. Combined, the efficiency and education opportunities will enable program households to permanently reduce their electric expenses and usage. Over the life of the SAP, hundreds of qualifying households will benefit from a reduced energy burden as individual participants in the program, and the benefits of additional renewable energy generation will be realized across the residential rate class. The proposed credit rate for SAP and other dedicated program-managed community solar project customers is the same rate as that currently available to customers of subscriber-owned community solar projects, like the Riverside Community Solar project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Solar Affordability Program (SAP) is designed to draw on a City managed community solar array to annually provide 20 to 30 income and heating payment assistance qualified electric utility customers with direct bill reduction for one year. In addition to a financial benefit, SAP households will receive customized efficiency and conservation installations from a range of regional providers. Program households will also participate in energy saving education and complete low or no cost efficiency upgrades. Combined, the efficiency and education opportunities will enable these households to permanently reduce their electric expenses and usage, and over the life of the solar system benefit hundreds of qualifying homes through reduced energy burden and improved conservation behaviors across the City’s distribution system. ATTACHMENT 1 1.1 Packet Pg. 5 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5445 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 2 Solar Project Details The SAP leverages the production of the community solar array located on the City warehouse at 518 N Loomis Ave. (the “Loomis Project”). The Loomis Project was jointly funded through Utility Services (Budget offer 59.2 for 2015-2016), the Colorado Energy Office via a demonstration program managed by GRID Alternatives, and in-kind contributions from GRID Alternatives and community volunteers. The system, designed to support an income-qualified program, deploys approximately 260 solar modules for an estimated total capacity of 64 kilowatts. Staff developed the SAP to manage the distribution of solar energy benefits form the Loomis Project consistent with financial and incentive program objectives approved by the Utilities Executive Director under City Code Sections 26-464(h) and 26-465(h). Project highlights:  Colorado’s first rooftop community solar project dedicated to serving income-qualified residents  First Colorado municipal utility to partner with GRID Alternatives to adopt an income-qualified community solar model.  GRID Alternatives hosted a “Solarthon” event October 21-23, 2016. On Friday the 21st, the Governor, the Director of the Colorado Energy Office, the Mayor, and the Utilities Executive Director spoke to an estimated 170 visitors and volunteers.  Volunteers assembled a substantial portion of the array over the three days of the event. Program Justification The SAP delivers a solar financial benefit to customers, while being simultaneously designed to set income- qualified customers interested in improving efficiency and conservation on an intentional and accessible path to reduced energy use. During customers’ year in the program, they will be engaged in conservation education and efficiency opportunities practical for their respective households. The SAP is strategically aligned with the objectives of the Energy Policy, Road to 2020 Plan and the Affordable Housing Plan. Proposed Code Amendments City Code Sections 26-391, 26-464 and 26-465 were amended in 2014 to apply electric service rates to residential customers participating in the subscriber-owned community solar array located at 500 Riverside Avenue (the “Riverside Project”). The Loomis Project provides customers with a different interest in the solar energy generated by the facility than the interest held by customers at the Riverside Project. In order to distinguish the “subscriber-owned” Riverside Project model from the “program-managed” Loomis Project model, the community solar project definition needs to be expanded and new definitions for “dedicated program-managed facility” and “subscriber-owned facility” are necessary. In addition, the proposed Code amendments refer to the authority of the Utilities Executive Director to adopt financial and incentive program objectives to further City goals, and to clarify the uniform application of community solar project service rates to “dedicated program-managed” and “subscriber-owned” facilities. Satisfying a Utility Purpose under City Charter/Code The SAP is a unique solar program that addresses regulatory and community-interest requirements in several ways:  The City utilized an approved Purchasing Code sole source exception process to contract with GRID Alternatives-- the Colorado Energy Office’s preferred renewable energy system installer. As such, the project was able to take advantage of external funding from the Colorado Energy Office, via GRID Alternatives, conditioned on use of the funding to serve income-qualified customers.  The City owns the Loomis Project solar photovoltaic system, which is connected to the electric distribution grid as a generating asset for all ratepayers.  Leveraging the renewable energy generated through the Loomis Project and SAP allows a greater benefit 1.1 Packet Pg. 6 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5445 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 3 for the City’s distribution system than would be possible by restricting beneficial use of the energy to a “subscriber” group alone. The greater aggregate outcome is accomplished by improving the physical efficiency of SAP participants’ homes while they are in the program, and adjusting their conservation and consumption behaviors beyond the time customers are in the program.  The proposed income qualified SAP harmonizes competing regulatory and community-interest requirements that (1) the Loomis Project be operated to benefit income-qualified customers, under requirements tied to the funding sources; and (2) allocating benefits derived from Utility Service investments to a subset of ratepayers must serve a broader “utility purpose” under the City Charter and Code.  To address item (1) Utilities has developed a customer eligibility process in collaboration with Larimer County’s administration of the Low-Income Energy Assistance Program (LEAP). The LEAP process will provide an annual list of customers who are both income-qualified and are eligible to receive heating bill financial assistance. These customers of electric heating premises served by Utility Services, will be invited to participate in the SAP. Applying customers who are accepted into SAP will receive a credit on their electric bill tied to the Loomis Project energy output. This process has been reviewed and accepted by the Colorado Energy Office and GRID Alternatives.  To address item (2) By applying for and being selected for the SAP, customers commit to completing energy efficiency upgrades and education. The efficiency process will engage the occupant and building owner in programs and services available through Utility Services and other agency energy education classes, Larimer County Conservation Corp Energy and Water Program, Colorado Weatherization Program (administered by Long’s Peak Energy Conservation), Efficiency Works Home, Consumer Products rebates and Energy Outreach Colorado efficiency program (pending agreement). Over the course of the SAP, Utility Services will support each selected household to navigate an optimal path through these offerings. Each household’s custom efficiency plan will include quarterly milestones, and continued receipt of the solar credit will be conditioned on continuous compliance with the program and completion of milestones. SAP customers structured participation in resource conservation education and physical upgrades fulfills a recognized Utility Services purpose to reduce electricity use and peak electrical demands. Utility Services Budget Offer Funding In addition to Colorado Energy Office funding, the Loomis Project was built through funds in the Utility Service budget. The following language describes the 2015/2016 budget offer adopted by Council in November 2014 which provided the Utility Services portion of the project funding:  Establishing a new program offering to install solar PV systems for income-qualified families at no cost ($125,000 annually). These local families can most benefit from the monthly utility cost savings, while at the same time giving job trainees and community volunteers hands-on installation experience. The model is solar program analogous to how Habitat for Humanity provides income-qualified homes. The model has been demonstrated in other states and includes collaborative funding to cover the majority of project costs with the help of local jurisdictions, utility companies, private donors, foundation grants and corporate sponsors. Program Management Plan This section describes the primary steps to move the SAP forward. The program design processes have been mapped out in the following areas: 1.1 Packet Pg. 7 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5445 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 4  Eligibility, selection of customers and amount of benefit - Program Eligibility: LEAP will be used to determine eligibility for both income and heating financial assistance. The SAP will be aligned with the LEAP program cycle which ends April 30th. At the end of the LEAP cycle, Utilities will manage a process to identify and recruit participating households for the following SAP program cycle. - Utilities customers who received LEAP will be notified and given the opportunity to apply. The application will be a simple form where the customer indicates their interest in the program and participation in the education, efficiency and conservation requirements. Agreeing to participate in the education and direct installation engagement program is a prerequisite for eligibility. If Utilities receives more applications than program spots are available, staff will prioritize the applications based upon all available information or conduct a lottery to choose participants among the applicants. - Number of households served and the amount of benefit: The Colorado Energy Office has identified 4% of income as an appropriate threshold for annual energy burden. The bill credit will vary each month based on the electricity output of the solar array and is expected to average $25 per month. The objective is to bring the energy burden for a typical all electric household down to near 4%. At this level, we expect the solar array to benefit approximately 20 households annually.  Administration of solar array production and benefits - The solar array output is metered independently of the building on which it is located. The monthly output of the system will be converted to a dollar value based on the credit rate noted in this ordinance. Utilities billing will apply the credit in equal portions to the list of participating customers on a monthly basis. - The solar system is scheduled to be energized by the end of February, while the Solar Affordability Program will launch in May. The energy produced during this interim period will be tracked and applied to the SAP in the first year. - The proposed virtual net metering credit is the same as that for the Riverside Community Solar Project, comprised of the combination of the Summer Tier 1 rate (currently $0.0634 per kWh) and one half the distribution facilities rate (currently $0.0128 kWh).  Structured efficiency and conservation actions - The SAP includes quarterly milestones for customers to complete to remain eligible for the solar bill credits. These milestones include educational opportunities, no-cost efficiency programs (such as the Larimer County Conservation Corp Energy and Water Program and the Weatherization Assistance Program), and Utility Services efficiency programs. Reporting on Energy Benefits and Savings An essential component of the SAP is to demonstrate participating customers are able to consistently reduce their energy use and energy cost burden for an extended period of time. Staff expects:  The eligibility requirement to engage in structured education, efficiency and conservation actions will result in improvements and behavioral changes to permanently reduce use, and  The solar bill credit will facilitate increased participation in other regional efficiency programs. The SAP administration process is designed to quantitatively address these questions through deep engagement with participating households. Once the first 12 months of participant data is compiled, a quantitative and qualitative evaluation of overall program success will be conducted to understand the following, with the results provided to City Council: 1. What is working and should continue; 2. What could improve; 3. What is not working and should stop. CITY FINANCIAL IMPACTS The financial impact of this Ordinance is related to the differential between the value of avoided wholesale electricity purchases from this Utilities owned asset and the value of the credit applied to customer’s bills. 1.1 Packet Pg. 8 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5445 : SR 035 Solar Affordability) Agenda Item 10 Item # 10 Page 5 Given current wholesale rates and the values of electricity at the time of this Ordinance, this differential is expected to be less than $4,000 on an annual basis. BOARD / COMMISSION RECOMMENDATION At its February 9, 2017 meeting, the Energy Board recommended adoption of the Ordinance by Council. PUBLIC OUTREACH Utilities coordinated with the City Attorney's and Clerk's offices to complete the normal notification processes for out-of-City customers regarding revisions to the rates in City Code. ATTACHMENTS 1. Solarthon Summary City Council Memo, October 2016 (PDF) 2. Grid Alternatives Sole Source Memo, July 2016 (PDF) 3. Energy Board Minutes, February 9, 2017 (draft) (PDF) 1.1 Packet Pg. 9 Attachment: First Reading Agenda Item Summary, February 21, 2017 (w/o attachments) (5445 : SR 035 Solar Affordability) UTILITIES AFFORDABILITY PORTFOLIO Fort Collins Utilities collaborates at state and local levels to offer the most comprehensive portfolio of affordability programs to customers. Through direct and indirect partnerships, Utilities maximizes funding, outreach and participation for available assistance programs. PAYMENT ASSISTANCE FUND Households with a current past due notice may receive financial assistance once per 12-month cycle. fcgov.com/paf 1-800-HEAT-HELP (1-866-432-8435) MEDICAL ASSISTANCE PROGRAM Qualifying households requiring medically necessary electrical equipment or air conditioning may be eligible to receive an electric utility bill discount. fcgov.com/medical-assistance 970-212-2900, V/TDD 711 UTILITIES REBATE A utilities rebate is available to people who meet the income requirements that are either aged 65 years or older or who are disabled. fcgov.com/rebate 970-416-2304, V/TDD 711 SOLAR AFFORDABILITY PROGRAM Qualifying customers may be entered into a lottery to receive a varying solar electric bill credit for 12 months. fcgov.com/solar-affordability WATER AND ENERGY PROGRAM Free home efficiency assessments are available to help reduce utility costs. larimerworkforce.org 970-498-6600 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) LEAP helps with wintertime heating costs to income qualified households between November 1 and April 30. larimer.org 970-498-7730 WEATHERIZATION PROGRAM Free weatherization improvements are available to qualifying households. bouldercounty.org 720-864-6401 LARIMER HOME IMPROVEMENT PROGRAM (LHIP) LHIP offers low- to no-interest rate loans to income qualified families to repair or improve their homes. lovelandhousing.org 970-667-3232 CRISIS INTERVENTION PROGRAM Emergency home furnace repair is available for qualifying Coloradans. energyoutreach.org -1- ORDINANCE NO. 035, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES AND CHARGES FOR CUSTOMERS PARTICIPATING IN COMMUNITY SOLAR PROJECTS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the Article XII, Section 6, of the City Charter further conditions the use of electric utility net operating revenues to specified utility purposes and other purposes determined by the City Council to be beneficial to electric utility ratepayers; and WHEREAS, on September 2, 2014, City Council adopted Ordinance No. 108, 2014, amending Chapter 26, Article VI of the City Code to apply net metering electric service rates to community solar project customers and to accommodate the subscription-based community solar project located at 500 Riverside Avenue (the “Riverside Project”); and WHEREAS, on November 18, 2014, City Council adopted Ordinance No. 153, 2014, approving the biennial budget for fiscal years 2015-2016, including Budget Offer 59.2 which allocated funding to develop an income qualified community solar project; and WHEREAS, in October 2016, the City became the first Colorado municipality to partner with the Colorado Energy Office to build a municipal-operated community solar project designed to serve income qualified residents (the “Loomis Project”); and WHEREAS, the Loomis Project, located at 518 N. Loomis Avenue, was jointly funded through the City’s 2015-2016 appropriations, the Colorado Energy Office, in-kind contributions from Grid Alternatives, who managed construction, and community volunteers who assembled portions of the solar array on October 21 and 22, 2016; and WHEREAS, the Loomis Project consists of approximately 260 solar modules with an estimated total generation capacity of 64 kilowatts, representing a capacity sufficient to provide electric bill benefits to approximately 15 to 30 households; and WHEREAS, Sections 26-464(h) and 26-465(h) of the City Code authorize the electric utility to establish programs to provide financial or technical assistance and incentives to customers in order to reduce energy consumption or system peak demands, consistent with Council policies and program objectives approved by the Utilities Executive Director; and WHEREAS, the Utilities Executive Director has approved program objectives for a City community solar program targeting reduced energy consumption and peak demands by granting income qualified residential electric service customers beneficial use of energy generated by the Loomis Project, entitled the “Solar Affordability Program”; and 1.3 Packet Pg. 11 Attachment: Ordinance No. 035, 2017 (5445 : SR 035 Solar Affordability) -2- WHEREAS, the Solar Affordability Program delivers income qualified customers bill credits linked to energy generation by the Loomis Project, while simultaneously improving efficiency and conservation behavior by such customers through a required year-long series of conservation education and efficiency improvements tailored to each household, reducing overall electric system consumption and peak demands; and WHEREAS, Utility staff recommends the rates, fees and charges applicable to community solar projects under Chapter 26, Article VI of the City Code be extended to customers in the Solar Affordability Program, as well as other City program-managed community solar projects and qualifying subscriber-owned community solar projects, like the Riverside Project; and WHEREAS, staff has identified portions of Chapter 26, of the City Code which require amendment to accommodate use of net metering rates for the Solar Affordability Program and other program-managed community solar projects; and WHEREAS, extending net metering service rates to income qualified customers through the Solar Affordability Program, and other dedicated program-managed community solar projects, serves a utility purpose of applying new renewable electricity generation to reduce wholesale power purchase needs and increasing ratepayer participation in energy efficiency and conservation actions; and WHEREAS, the proposed net metering service rates for dedicated program-managed community solar project customers, including the Solar Affordability Program, are reasonable, fair and non-discriminatory because they balance receipt by individual ratepayers of the energy values produced by a specific solar array with the system-wide benefits realized across the rate class through the addition of new solar generation; and WHEREAS, the Energy Board considered the proposed electric rates, fees and charges, and language additions for community solar projects at its February 9, 2017 regular meeting and provided its recommendation of approval to City Council; and WHEREAS, the City Manager and staff have recommended to City Council the following electric rate adjustments and City Code rate language additions applicable to community solar projects; and WHEREAS, based on the foregoing, the City Council finds offering net metering service rates to customers participating in dedicated program-managed community solar projects serves a utility purpose beneficial to all residential electric service customers and such rates are reasonable, fair and non-discriminatory in relation to benefits realized across the electric distribution system; and WHEREAS, accordingly, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the electric rates, fees and charges to accommodate such rates. 1.3 Packet Pg. 12 Attachment: Ordinance No. 035, 2017 (5445 : SR 035 Solar Affordability) -3- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the definitions of “Community solar project,” “Net metering service” and "Qualifying facility" contained in Section 26-391 of the Code of the City of Fort Collins are hereby amended to read as follows: Community solar project shall mean a photovoltaic electric generating installation that meets all of the following criteria: (i) is a qualifying facility; (ii) uses a qualifying renewable technology; (iii) is operated by Fort Collins Utilities or Platte River Power Authority directly or by any party pursuant to an “Interconnection Agreement” and/or “Power Purchase Agreement” with Fort Collins Utilities; (iv) is located within the Platte River Power Authority electric service territory; and (v) all electric power it produces is consumed within such territory. Net metering service shall mean that service available to a customer operating or with beneficial use of a qualifying facility using a qualifying renewable technology that is interconnected to the electric utility so that any electric energy generated by the qualifying facility in excess of that used by the qualifying facility is delivered to the electric utility system and used to offset metered energy received by the customer during the billing period. Qualifying facility shall mean an electric-generating facility operated in parallel with the City of Fort Collins or Platte River Power Authority electric distribution system that has been inspected for compliance with the applicable Interconnection Standards for Generating Facilities, has been issued a "Permit to Operate" by the City or Platte River Power Authority and is operated by Platte River Power Authority or Fort Collins directly or under a valid "Interconnection Agreement" or "Parallel Generation Agreement" executed on behalf of the City of Fort Collins by the Utilities Executive Director. Section 3. That Section 26-391 of the Code of the City of Fort Collins is hereby further amended to add the following new definitions which read in their entirety as follows: Dedicated program-managed facility shall mean a community solar project owned and operated by Fort Collins Utilities or Platte River Power Authority, offering Fort Collins 1.3 Packet Pg. 13 Attachment: Ordinance No. 035, 2017 (5445 : SR 035 Solar Affordability) -4- Utilities electric service customers credit for the value of project-generated electricity, subject to customer compliance with all requirements of an associated City program, including applicable income qualification requirements, approved by the Utilities Executive Director under Sections 26-464(h) or 26-465(h). Subscriber-owned facility" shall mean a community solar project owned and/or operated by Fort Collins Utilities, Platte River Power Authority or a third-party pursuant to an "Interconnection Agreement" and/or "Power Purchase Agreement" with Fort Collins Utilities, offering Fort Collins Utilities electric service customers shared or beneficial ownership of project-generated electricity on a subscription basis. Section 4. That Section 26-464(r) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. Residential service, schedule R. … (r) Net metering-community solar projects. (1) Net metering service rates are also available to a residential customer with physical or beneficial ownership of a subscriber-owned facility or dedicated program-managed facility provided: a. the customer: 1. maintains continuous compliance with all applicable dedicated program-managed facility program conditions and objectives adopted by the Utilities Executive Director under Subsection (h) of this Section; or 2. holds evidence of a subscription or other agreement entitling the customer to ownership or beneficial use of electricity generated by an associated subscriber-owned facility; and b. the generating capacity of the customer's interest in a subscriber- owned facility is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort 1.3 Packet Pg. 14 Attachment: Ordinance No. 035, 2017 (5445 : SR 035 Solar Affordability) -5- Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0128 2. Energy and demand credit Per kWh $0.0634 Section 5. That Section 26-465 (r) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (r) Net metering-community solar projects. (1) Net metering service rates are also available to a residential customer with physical or beneficial ownership of a subscriber-owned facility or dedicated program-managed facility provided: a. the customer: 1. maintains continuous compliance with all applicable dedicated program-managed facility program conditions and objectives adopted by the Utilities Executive Director under Subsection (h) of this Section; or 2. holds evidence of a subscription or other agreement entitling the customer to ownership or beneficial use of electricity generated by an associated subscriber-owned facility; and b. the generating capacity of the customer's interest in a subscriber-owned facility is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. 1.3 Packet Pg. 15 Attachment: Ordinance No. 035, 2017 (5445 : SR 035 Solar Affordability) -6- (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The method used to measure energy produced and issue credits under this Section shall be the same for subscriber-owned facilities and dedicated program-managed facilities. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer monthly as follows: 1. Distribution facilities credit Per kWh $0.0128 2. Energy and demand credit Per kWh $0.0634 Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 28th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 28th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.3 Packet Pg. 16 Attachment: Ordinance No. 035, 2017 (5445 : SR 035 Solar Affordability) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 28, 2017 City Council STAFF Mark Jackson, PDT Deputy Director SUBJECT First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements. EXECUTIVE SUMMARY The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947, to be remitted to Larimer County as part of an annual regional contribution of local matching funds for the Colorado Department of Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted on October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA) with Larimer County and participating local agencies, including the City, to contribute local matching funds for this purpose. This is the first of five annual installments of these payments to Larimer County under the IGA. Local matching fund commitments accelerate the improvements to I-25 in Northern Colorado. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Council adopted Resolution 2015-100 (Attachment 1) on November 17, 2015, stating its support for a Larimer County proposal to use increased County mill levy funds as a method to facilitate funding for Interstate 25 (I- 25) improvements. Larimer County proposed to temporarily reapportion part of its General Fund mill levy funds to the County’s Road and Bridge Fund for a period of five years. These reapportioned funds are estimated to generate a total of $10 million over the course of the five year period. The increase in the County Road and Bridge Mill Levy revenues received by the City and the other municipalities will be available to fund construction of roads and streets within their boundaries. The County proposed using these contributions as a local match for improvements on the I-25 Corridor within Larimer County. All eight Larimer County municipalities adopted resolutions supporting the proposal. Council adopted Resolution 2016-077 (Attachment 2) on October 4, 2016, authorizing the Mayor to enter into an IGA with Larimer County and other local agencies for the purpose of providing local funds to Larimer County to be contributed to the North I-25 Corridor Improvements Project as described above. This regional collaboration and agreement will result in $10 million of matching funds to help accelerate the project. The IGA was fully executed on December 27, 2016 (Attachment 3). Fort Collins’ total contribution to this five year funding commitment is $2,229,735. Fort Collins’ annual share of funds is $445,947 in each of the five years. This appropriation request authorizes fulfillment of the first annual payment per the IGA. The North I-25 Improvements project will begin construction in late 2017 and is scheduled to be completed by December 2020. The $237 million project is funded using federal, state and local dollars. The project boundaries are State Highway 14 (Mulberry Road) on the north and State Highway 402 in Loveland to the south. It will add a third managed lane in each direction, make key improvements to bridges, connect the regional bicycle/pedestrian trail under I-25, and provide an additional park and ride with bus slip ramps at Kendall Parkway in Loveland. Improvements will help ease congestion, provide additional multi-modal capacity 2 Packet Pg. 17 Agenda Item 2 Item # 2 Page 2 for auto and bus traffic, make key bicycle/pedestrian trail linkages, and improve safety and stormwater issues. (Attachment 4) CITY FINANCIAL IMPACTS Larimer County’s proposal does not modify the total mill levy, and does not decrease the amount of Road and Bridge Levy funds currently received by the City of Fort Collins. Creation of a source of local match funding is advantageous in order to take advantage of funding partnerships and grant opportunities that may arise to help improve the I-25 corridor. This contribution, combined with additional commitments from regional agencies and private development, results in $25 million identified and committed for local match. This regional collaboration and commitment helped accelerate the schedule for I-25 improvements in Northern Colorado by fifteen years. The City of Fort Collins’ Transportation Reserve Fund estimated balance at year end 2016 is $12.5 million. Of those funds, approximately $6 million are undesignated and can be used for unforeseen needs. The local share amount of Larimer County Road & Bridge Levy funds received by Fort Collins in 2016 was $1.05 million, an increase of $500,000 over the amount received in 2015. BOARD / COMMISSION RECOMMENDATION Staff presented information related to the IGA with Larimer County as well as overall North I-25 Improvements Project updates to the Transportation Board at their February and November 2016 meetings. Board response was positive and supportive. PUBLIC OUTREACH The Colorado Department of Transportation (CDOT) held numerous open house meetings and provided project information for many years about I-25 improvements, including the I-25 Environmental Impact Statement (2011), and more recent improvements including the I-25/SH-392 interchange, Berthoud Hill Climbing Lane project and Crossroad Boulevard Bridge Improvement project. City of Fort Collins has been an active partner in CDOT efforts impacting Fort Collins. ATTACHMENTS 1. Resolution 2015-100 (PDF) 2. Resolution 2016-077 (PDF) 3. North I-25 Funding IGA, December 27, 2016 (PDF) 4. I-25 Project Fact Sheet (PDF) 2 Packet Pg. 18 ATTACHMENT 1 2.1 Packet Pg. 19 Attachment: Resolution 2015-100 (5441 : I- 25 Appropriation) 2.1 Packet Pg. 20 Attachment: Resolution 2015-100 (5441 : I- 25 Appropriation) ATTACHMENT 2 2.2 Packet Pg. 21 Attachment: Resolution 2016-077 (5441 : I- 25 Appropriation) 2.2 Packet Pg. 22 Attachment: Resolution 2016-077 (5441 : I- 25 Appropriation) 2.2 Packet Pg. 23 Attachment: Resolution 2016-077 (5441 : I- 25 Appropriation) "UUBDINFOU ATTACHMENT 3 2.3 Packet Pg. 24 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 25 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 26 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 27 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 28 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 29 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 30 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 31 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 32 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 33 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 34 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 35 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 36 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 37 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) 2.3 Packet Pg. 38 Attachment: North I-25 Funding IGA, December 27, 2016 (5441 : I- 25 Appropriation) "UUBDINFOU ATTACHMENT 4 2.4 Packet Pg. 39 Attachment: I-25 Project Fact Sheet (5441 : I- 25 Appropriation) 2.4 Packet Pg. 40 Attachment: I-25 Project Fact Sheet (5441 : I- 25 Appropriation) -1- ORDINANCE NO. 039, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION FUND FOR REGIONAL CONTRIBUTION TO LARIMER COUNTY FOR NORTH I-25 IMPROVEMENTS WHEREAS, on November 17, 2015, City Council passed Resolution 2015-100 stating its support for a Larimer County proposal to use increased County mill levy funds as a method to facilitate funding for Interstate 25 (I-25) improvements; and WHEREAS, on October 4, 2016, City Council passed Resolution 2016-077 authorizing the Mayor to enter into an Intergovernmental Agreement with Larimer County (the “IGA”) and other local agencies for the purpose of providing local funds to Larimer County to be used as a contribution to the North I-25 Corridor Improvements Project; and WHEREAS, the IGA was signed by the parties and dated December 27, 2016; and WHEREAS, the $237 million North I-25 Improvements project will begin construction in late 2017 and is scheduled to be completed by December 2020; and WHEREAS, the project boundaries are State Highway 14 (Mulberry Road) on the north and State Highway 402 in Loveland to the south and the project will add a third managed lane in each direction, make key improvements to bridges, connect the regional bicycle/pedestrian trail under I-25, and provide an additional park and ride with bus slip ramps at Kendall Parkway in Loveland; and WHEREAS, the purpose of this item is to appropriate Transportation Fund reserves in the amount of $445,947 to be remitted to Larimer County as part of an annual (five year) regional contribution of local matching funds under the IGA for CDOT’s North I-25 Improvements Project; and WHEREAS, this is the first of five annual payments to Larimer County under the IGA, with a total funding commitment from the City of $2,229,735; and WHEREAS, Fort Collins received approximately $1.05 million in 2016 from the Larimer County Road and Bridge Fund representing an incremental increase in revenue from increased property valuations of approximately $500,000.00 for 2016; and WHEREAS, the increase in the City’s share of the County Road and Bridge Mill Levy revenues will be utilized to fund construction of roads and streets within its corporate boundaries in accordance with C.R.S. §43-2-202(4), making other funds available from the City’s Transportation Fund reserves for contribution to the Project; 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 Packet Pg. 41 -2- WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the Transportation Fund; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Fund the sum of FOUR HUNDRED FORTY-FIVE THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS ($445,947) for regional contribution to Larimer County under the IGA for North I-25 Improvements. Introduced, considered favorably on first reading, and ordered published this 28th day of March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of April, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 42 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY March 28, 2017 City Council STAFF Mark Jackson, PDT Deputy Director SUBJECT Resolution 2017-026 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the City's Contribution of Funds for the North Interstate 25 Improvements. EXECUTIVE SUMMARY The purpose of this item is to enter into an intergovernmental agreement/contract with CDOT to remit $2.25 million in budgeted City funds ($1.125M each year 2017-18), for the purpose of providing local matching funds for the North I-25 Improvements project. Local match funding contributions from Fort Collins and other regional agencies allow the I-25 improvements to be accelerated by as many as fifteen years. Funds were identified and appropriated as part of the 2017-2018 Budget. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Interstate 25 (I-25) is the key interstate linkage in Northern Colorado, and serves as a major freight route as well as a key general travel connection between the Denver metro area to the south. Current infrastructure deficiencies, combined with increasing travel demand on the corridor result in safety and congestion issues along the Northern Colorado I-25 Corridor. Numerous efforts, initiatives, and actions have been taken or are underway to accelerate improvements to I-25. The City of Fort Collins has collaborated with the Colorado Department of Transportation (CDOT), Larimer County, and other regional agencies, organizations and private interests to identify funding assistance and pursue long-term, sustainable funding for transportation needs in Colorado. Six local agencies, Larimer and Weld Counties, and a private developer through Loveland’s Metro District, committed $25 million in funds to help CDOT meet local match requirements for the TIGER grant award and planned corridor improvements. Breakdown of local funding contributions include:  City of Fort Collins $2.25M  City of Loveland $2M  Town of Berthoud $500K  Town of Johnstown $1M  Larimer County mill levy $10M (under Larimer County Funding IGA)  Weld County $2M  Town of Timnath $500K  Town of Windsor $1M  Loveland Metro District $6M Construction of I-25 improvements in Northern Colorado is already underway, and is scheduled to be complete by end of 2020. Improvements will include addition of a third managed lane in each direction between SH-14 3 Packet Pg. 43 Agenda Item 3 Item # 3 Page 2 (Mulberry) and SH-402 (Loveland), bridge improvements, regional trail connections, and slip ramps and a new park and ride facility at Kendall Parkway. Fort Collins is also currently working with CDOT, Town of Timnath, and private partners to help fund improvements to the Prospect Road/I-25 interchange as part of the overall corridor project. CITY FINANCIAL IMPACTS Funds intended for 2017 local match to the I-25 Improvements Project were appropriated as part of the 2017- 2018 Budget approval. The offers containing these funds were ranked #1 in each budget year. The agreement states the City will remit $1.125 in April of 2017 and in 2018, subject to annual appropriation. BOARD / COMMISSION RECOMMENDATION Both the I-25 Improvements Project (as part of the 2011 North I-25 Environmental Impact Statement) and the 2017-2018 Budget for Outcomes (BFO) were presented to the City of Fort Collins Transportation Board. The Transportation Board received two briefings on the I-25 project in 2016. No action was taken but feedback was positive. PUBLIC OUTREACH Both the I-25 Improvements Project (as part of the 2011 North I-25 Environmental Impact Statement) and the 2017-2018 Budget for Outcomes (BFO) conducted significant public outreach in Fort Collins. CDOT, in conjunction with other regional agency partners, will continue to provide significant communication and information resources throughout the I-25 project using a variety of media. 3 Packet Pg. 44 -1- RESOLUTION 2017-026 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CITY’S CONTRIBUTION OF FUNDS FOR THE NORTH INTERSTATE 25 IMPROVEMENTS WHEREAS, Interstate 25 (“I-25”) serves as the primary north-south highway connection for Northern Colorado, including Larimer County, Colorado (the “County”), the City of Fort Collins, Colorado (the “City”), and the City of Loveland, Colorado, the Town of Estes Park, Colorado, the Town of Timnath, Colorado, the Town of Berthoud, Colorado, the Town of Windsor, Colorado, the Town of Wellington, Colorado, and the Town of Johnston, Colorado (individually referred to as “Municipality” or collectively as “Municipalities”); and WHEREAS, I-25 is the primary roadway route for regional connectivity to commerce health care, education and employment and is designated as a federal freight route; and WHEREAS, I-25 in Northern Colorado is considered significantly congested such that traffic flow is impaired and quality of life is adversely affected; and WHEREAS, the Colorado Department of Transportation (“CDOT”) completed an Environmental Impact Statement in August 2011 that identified and evaluated multi-modal transportation improvements along approximately 60 miles of the I-25 corridor from the Fort Collins Wellington area to Denver and identified areas of I-25 and associated structures such as bridges that needed to be expanded and/or improved; and WHEREAS, CDOT has proposed to expand I-25 from two lanes (north and south) to three lanes (north and south) for approximately fourteen miles between State Highway 14 and State Highway 402, replace the Cache la Poudre Bridge and the Union Pacific Railroad Bridge north of State Highway 34, expand the Kendall Parkway Crossing under I-25 and expand the Bridge over the Big Thompson River and the Bridge over the Great Western Railway to accommodate a third travel lane ( the “North I-25 Improvements Project” or “Project”); and WHEREAS, the North I-25 Improvements Project, which is currently estimated to cost $237 million, will be funded by state, federal, and local contributions, including local matching fund commitments from multiple sources to accelerate the timing of the Project; and WHEREAS, on November 17, 2015, City Council adopted Resolution 2015-100 expressing its conceptual support for and willingness to contribute funding to the County annually for five years for CDOT’s completion of the Project; and WHEREAS, on October 4, 2016, City Council adopted Resolution 2016-077, authorizing execution of an Intergovernmental Agreement for Funding I-25 Improvements dated December 27, 2017, (the “Larimer County I-25 Funding IGA”), pursuant to which the City, County, and Municipalities agreed to contribute specified funding for the Project to the County, anticipated to Packet Pg. 45 -2- generate a total of $10 million over a five-year period (subject to annual appropriation) to be paid by the County to CDOT for the Project under a separate agreement; and WHEREAS, the City and CDOT wish to enter into an additional intergovernmental agreement (the “2017 City/CDOT IGA”) to contribute additional funding in the amount of $2.25 million over two fiscal years for Phase 1 of the North I-25 Improvements Project (subject to annual appropriation in 2018); and WHEREAS, the City’s additional contribution under the 2017 City/CDOT IGA will serve a public purpose by producing significant economic benefits to the citizens of Fort Collins, including preserving the economic vitality of the City, maintaining and increasing employment in the City, stabilizing and improving the long term tax base of the City, and providing additional economic health benefits and improvements to the quality of life for the City citizens by improving transportation facilities connecting the City and its citizens to commerce, health care, education and employment in the Northern Colorado region; and WHEREAS, the City Council has determined that the 2017 City/CDOT IGA is in the best interests of the City; and WHEREAS, funds in the amount of $2.25 million for the City's additional contribution under the 2017 City/CDOT IGA have been included in the City's 2017-2018 budget approved by City Council and the amount of $1.125 million has been appropriated by City Council for expenditure in 2017; and WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Packet Pg. 46 -3- Section 2. That the Mayor is hereby authorized to execute the 2017 City/CDOT IGA substantially in the form attached hereto as Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 28th day of March, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 47 Page 1 of 10 (Local $CDOTWRK) PROJECT: I-25 North: SH 402 – SH 14 (21506) REGION 4 (dz) CONTRACT THIS CONTRACT made this ___ day of ________________ 20___, (the “Contract”) by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation (the “State”) and the City of Fort Collins (the “Local Agency”), the State and the Local Agency together shall be referred to as the “Parties” and individually as “Party.” RECITALS 1. The Local Agency has made funds available for Project SH 402 – SH 14 (21506), which shall consist of improvements to North Interstate-25 (the “Project” or “Work”) and desires to contribute funds for the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this Contract and to expend its funds for the Project. A copy of this ordinance or resolutions is attached hereto and incorporated herein as Exhibit B. 2. Required approval, clearance, and coordination have been accomplished from and with appropriate agencies. 3. This Contract is executed under the authority of CRS §§ 29-1-203, 43-1-110, 43-1-116, 43-2- 101(4)(c), 43-2-144, and Exhibit B. 4. The Local Agency has funds available and desires to provide the funding for the improvements, as described in Section 4. 5. Pursuant to CRS § 43-2-104.5, as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the State or Local Agency highway system. 6. The Local Agency anticipates design and construction improvements to North Interstate-25. The State has completed and submitted a preliminary Scope of Work describing the general nature of the Work. The Local Agency understands that before the Work begins, the Scope of Work may be revised as a result of design changes made by the State, in coordination with the Local Agency, in its internal review process. 7. The Parties hereto desire to agree upon the division of responsibilities with regard to the Project. Routing # 17-HA4-XC-00072 SAP # 331001577 FOR CDOT TRACKING PURPOSES (subject to change). EXHIBIT A 1 Packet Pg. 48 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 2 of 10 THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Work under this Contract shall consist of improvements to North Interstate-25, for which the Local Agency shall provide funding and the State shall be responsible for the design and construction of the improvements. The Project will take place from approximately just north of State Highway 402 to just south of State Highway 14, between Johnstown/Loveland and Fort Collins, Colorado. The Work includes improvements, constructions and replacements, as described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This Contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This Contract shall be effective upon approval of the State Controller or designee. The term of this Contract shall continue through the completion and final acceptance of the Project by the State, the Federal Highway Administration (“FHWA”), and the Local Agency. Section 4. Project Funding Provisions A. The Local Agency is prepared to provide their portion of the funding for the Work, as provided in §4.B and as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this Contract and to expend its funds for the Project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The maximum amount payable by the Local Agency under this Contract shall be $2,250,000.00, unless such amount is increased by an appropriate written modification to this Contract executed before any increased cost is incurred. It is understood and agreed by the Parties that the total cost of the Work stated herein is the best estimate available, based on the design data as approved at the time of execution of this Contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the Parties prior to bid and award. C. The Parties agree that this Contract is contingent upon all funds designated for the Project herein being made available from State sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the Contract may be terminated by either Party, provided that any Party terminating its interest and obligations herein shall not be relieved of any obligations 1 Packet Pg. 49 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 3 of 10 which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The Local Agency shall remit to the State a payment of $1,125,000.00 by April 30 of years 2017 and 2018 during the term of this agreement, as shown in the Payment Schedule in Exhibit A. B. The State shall prepare and submit to the Local Agency, no more than annually, documentation for costs incurred relative to the Project. The State’s documentation shall include a description of the amounts of services performed, the dates of performance and the amounts and description of expenses. The documentation shall be prepared in accordance with the State’s standard policies, procedures and standardized billing format. C. The Parties agree that this Contract is contingent upon Local Agency funds designated for the Project herein being budgeted, appropriated and made available from Local Agency and municipal sources, as applicable. Should Local Agency and/or municipal sources fail to budget, appropriate and make available necessary funds for Local Agency as agreed upon herein, the Contract may be terminated by either Party, provided that Local Agency shall be responsible for its proportionate share of the annual payment calculated as $1,100,000 x number of days elapsed from prior annual payment, divided by 365. Section 6. State and Local Agency Commitments A. Design [if applicable] 1. If the Work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), CDOT shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (“AASHTO”) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and Contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction 1 Packet Pg. 50 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 4 of 10 contract except by agreement in writing between the Parties. The Plans shall be considered final when approved and accepted by the Parties hereto, and when final they shall be deemed incorporated herein. B. Construction [if applicable] 1. If the Work includes construction, CDOT shall perform the construction in accordance with the approved design plans. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. If the State is the responsible Party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (“SAPE”), to perform that administration. The SAPE shall administer the Project in accordance with this Contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the Project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal- aid project, the State shall comply with applicable requirements of 23 USC § 112, 23 CFR 633 and 635, and CRS § 24-92-101 et seq. Those requirements include, without limitation, that the State and Local Agency shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non-concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this Project if no additional federal-aid funds will be made available for the Project. 1 Packet Pg. 51 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 5 of 10 c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635 (B), Force Account Construction. Section 7. ROW Acquisition and Relocation [if applicable] If the Project includes a right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. The Work to be designed and constructed by CDOT under the Project shall be on CDOT right of way (“ROW”). Any acquisition/relocation activities must comply with: all applicable federal and State statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR P24); CDOT’s Right of Way Manual; and CDOT’s Policy and Procedural Directives. Allocation of Responsibilities are as follows: x Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and ROW incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges); x Federal participation in ROW acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or x No federal participation in ROW acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/. If ROW is purchased for a State highway, including areas of influence of the State highway, the Local Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Section 8. Utilities If necessary, the responsible Party shall be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the responsible Party shall certify in writing that all such clearances have been obtained. 1 Packet Pg. 52 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 6 of 10 Section 9. Railroads Reserved. Section 10. Environmental Obligations The State shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (“NEPA”) as applicable. Section 11. Maintenance Obligations The State shall maintain and operate the improvements constructed under this Contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The State will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances, and regulations. The State and FHWA shall make periodic inspections of the Project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this Contract. The State shall maintain such records for a period of 6 years after the date of termination of this Contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the Project and to inspect, review, and audit the Project records. Section 13. Termination Provisions This Contract may be terminated as follows: A. Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of moneys under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least 20 days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Local Agency of its intent to terminate and at least 10 days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, 1 Packet Pg. 53 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 7 of 10 studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this Contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this Contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the Parties shall be the same as if the Contract had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Local Agency to its terms. The person(s) executing this Contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Contract. Section 15. Representatives and Notice All communications relating to activities for the Work shall be exchanged between representatives of the State’s Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either Party may from time to time designate in writing new or substitute representatives. If to the State: If to the Local Agency: Katrina Kloberdanz CDOT Region 4 10601 W. 10th St. Greeley, Colorado 80634 970.350.2211 Katrina.Kloberdanz@state.co.us Mark A. Jackson, AICP City of Fort Collins PO Box 580 Fort Collins, CO 80522 970.416.2029 mjackson@fcgov.com Section 16. Successors Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 1 Packet Pg. 54 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 8 of 10 Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS § 24-10-101, et seq., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of CRS § 24-10-101, et seq., as now or hereafter amended and the risk management statutes, CRS § 24-30-1501, et seq., as now or hereafter amended. Section 19. Severability To the extent that this Contract may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This Contract is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued 1 Packet Pg. 55 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 9 of 10 performance, compliance or effect beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This Contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Contract shall be effective unless agreed to in writing by both Parties in an amendment to this Contract that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this Contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 1 Packet Pg. 56 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Page 10 of 10 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City of Fort Collins Print:_____________________________________ Title:_____________________________________ __________________________________________ *Signature Date: __________________________ STATE OF COLORADO John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Shailen P. Bhatt, Executive Director ________________________________________ By: Joshua Laipply, P.E., Chief Engineer Date: _________________________ 2nd Local Agency Signature if needed Print:_____________________________________ Title:_____________________________________ ______________________________________________ *Signature Date: _________________________ LEGAL REVIEW Cynthia H. Coffman, Attorney General By:_______________________________________________ Signature - Assistant Attorney General ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date: _________________________ CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. 1 Packet Pg. 57 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) EXHIBIT A - SCOPE OF WORK 1 Packet Pg. 58 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO)  #  # ## # !# Exhibit B Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION 1 Packet Pg. 60 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 28, 2017 City Council STAFF Judge Kathleen M. Lane, Municipal Judge Carrie Daggett, City Attorney SUBJECT First Reading of Ordinance No. 052, 2017, Amending Chapter 19 of the Code of the City of Fort Collins to Adopt the Colorado Rules of Civil Procedure to Govern the Procedures for Civil Actions Filed in Municipal Court and to Add City Code Section 1-24 to Clarify that Civil Actions Arising Under the City's Ordinances are not Intended to Create by Implication Claims for Monetary Damages for the Benefit of Third Parties. EXECUTIVE SUMMARY The purpose of this item is to adopt for Municipal Court the Colorado Rules of Civil Procedure to be used to govern the procedures for civil actions filed in Municipal Court that do not arise from violations of the City Charter or Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION As a home rule municipality, the City is granted in Article XX, Section 6.c. of the Colorado Constitution the home rule power to create a municipal court and to define and regulate its “jurisdiction, powers and duties”. In City Charter Article VII, Section 1, the City has created its Municipal Court and vested it “with original jurisdiction of all causes arising under the City’s Charter and ordinances,” and further provides that the Court’s “[r]ules of procedure . . . shall be enacted by the Council upon recommendation of the Municipal Judge”. The City Council has previously adopted in Code Section 19-3 the “Colorado Municipal Court Rules of Procedure” promulgated by the Colorado Supreme Court, which govern the procedures in municipal courts in “municipal charter and ordinance violation cases,” and Council has also adopted various other rules of procedure in Chapter 19, all related to governing the procedures in Municipal Court for the City’s prosecution of misdemeanor, traffic, parking and civil violations, offenses and infractions under the City Charter, Code and ordinances (collectively “Current Rules of Procedure”). In granting the Municipal Court “original jurisdiction of all causes arising under the City’s Charter and ordinances,” the Court also has jurisdiction over causes arising under the City Code that are unrelated to violations of the Charter or Code, for example this can include jurisdiction to consider civil actions filed with the Municipal Court to challenge quasi-judicial decisions made by City Council and other City officials. The Current Rules of Procedure do not provide the necessary rules of procedure needed by the Municipal Court to adequately, properly and expeditiously consider a civil action filed with it that does not involve a violation of the Charter or Code and needed by the litigants in that civil action to guide them in presenting their cases to the Court. The rules of procedure that would provide such adequate, proper and expeditious procedures for the Municipal Court and the needed guidance to litigants are found in the Colorado Rules of Civil Procedure adopted by the Colorado Supreme Court to govern the procedures in all civil actions filed in Colorado’s district courts. Pursuant to Charter Article VII, Section 1, Municipal Judge Kathleen Lane has 4 Packet Pg. 61 Agenda Item 4 Item # 4 Page 2 recommended to the Council that it adopt the Colorado Rules of Civil Procedure for the Municipal Court to use, as applicable, to govern the procedures for civil actions filed with it. A civil action has recently been filed in Municipal Court to challenge a quasi-judicial decision Council rendered in February denying an appeal from a decision of the Planning and Zoning Board granting a land use application, so this Ordinance’s adoption of the Colorado Rules of Civil Procedures is being made retroactive to January 1, 2017, so this newly filed civil action can proceed under these rules. This Ordinance also adds a Section 1-24 to the Code to clarify that with respect to those civil actions filed in Municipal Court over which it has jurisdiction, that the provisions of the Code are not intended to create by implication for the benefit of any person not the City, a cause of action for monetary damages or amounts unless made expressly clear in such provisions. 4 Packet Pg. 62 -1- ORDINANCE NO. 052, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE COLORADO RULES OF CIVIL PROCEDURE TO GOVERN THE PROCEDURES AND TO ADD CITY CODE SECTION 1-24 TO CLARIFY THAT CIVIL ACTIONS ARISING UNDER THE CITY’S ORDINANCES ARE NOT INTENDED TO CREATE BY IMPLICATION CLAIMS FOR MONETARY DAMAGES FOR THE BENEFIT OF THIRD PARTIES WHEREAS, as a home rule municipality, the City is granted in Article XX, Section 6.c. of the Colorado Constitution the home rule power to create a municipal court and to define and regulate its “jurisdiction, powers and duties”; and WHEREAS, in City Charter Article VII, Section 1, the City has created its Municipal Court and vested it “with original jurisdiction of all causes arising under the City’s Charter and ordinances,” and further provides that the Court’s “[r]ules of procedure . . . shall be enacted by the Council upon recommendation of the Municipal Judge”; and WHEREAS, the City Council has previously adopted in Code Section 19-3 the “Colorado Municipal Court Rules of Procedure” promulgated by the Colorado Supreme Court, which govern the procedures in municipal courts in “municipal charter and ordinance violation cases,” and Council has also adopted various other rules of procedure in Chapter 19, all related to governing the procedures in Municipal Court for the City’s prosecution of misdemeanor, traffic, parking and civil violations, offenses and infractions under the City Charter, Code and ordinances (collectively “Current Rules of Procedure”); and WHEREAS, in granting the Municipal Court “original jurisdiction of all causes arising under the City’s Charter and ordinances,” the Court also has jurisdiction over causes arising under the City Code that are unrelated to violations of the Charter or Code, for example this can include jurisdiction to consider civil actions filed with the Municipal Court to challenge quasi- judicial decisions made by City Council and other City officials; and WHEREAS, the Current Rules of Procedure do not provide the necessary rules of procedure needed by the Municipal Court to adequately, properly and expeditiously consider a civil action filed with it that does not involve a violation of the Charter or Code and needed by the litigants in that civil action to guide them in presenting their cases to the Court; and WHEREAS, the rules of procedure that would provide such adequate, proper and expeditious procedures for the Municipal Court and the needed guidance to litigants are found in the Colorado Rules of Civil Procedure adopted by the Colorado Supreme Court to govern the procedures in all civil actions filed in Colorado’s district courts: and WHEREAS, pursuant to Charter Article VII, Section 1, Municipal Judge Kathleen Lane has recommended to the Council that it adopt the Colorado Rules of Civil Procedure for the Municipal Court to use, as applicable, to govern the procedures for civil actions filed with it; and -2- WHEREAS, a civil action has recently been filed in Municipal Court to challenge a quasi-judicial decision Council rendered in February denying an appeal from a decision of the Planning and Zoning Board granting a land use application, so this Ordinance’s adoption of the Colorado Rules of Civil Procedures is being made retroactive to January 1, 2017, so this newly filed civil action can proceed under these rules; and WHEREAS, this Ordinance also adds a Section 1-24 to the Code to clarify that with respect to those civil actions filed in Municipal Court over which it has jurisdiction, that the provisions of the Code are not intended to create by implication for the benefit of any person not the City, a cause of action for monetary damages or amounts unless made expressly clear in such provisions; and WHEREAS, the City Council hereby finds and determines, in the exercise of the City’s home rule authority, that adoption of this Ordinance is necessary for the just, orderly and expeditious resolution of civil actions filed in Municipal Court. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 1 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 1-24 which reads in its entirety as follows: Sec. 1-24. - No implied civil causes of action for damages. The provisions of this Code and other City ordinances are not intended to create by implication for the benefit of any person not the City any civil cause of action, right of action, chose in action or any other kind of civil action or legal claim of liability for monetary damages or amounts. Any such civil action or legal claim for monetary damages or amounts created in this Code or any City ordinance must be expressly stated and clearly intended in the Code provision creating it. Section 3. That Section 19-3 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-3. - Rules of procedure. (a) The Colorado Municipal Court Rules of Procedure, as amended, the rules for traffic infractions contained in Article IV of this Chapter, the provisions of this Chapter, and the procedures adopted by the Municipal Judge which are not inconsistent therewith, shall govern the procedures in the Municipal Court in all cases arising from misdemeanor, traffic, parking and civil violations, offenses and infractions under the Charter and Code. (b) The Colorado Rules of Civil Procedure, as amended, shall govern the procedures in Municipal Court in all civil actions for a cause arising under the Charter or Code and as needed -3- for the Municipal Court to determine whether it has jurisdiction over a cause in a civil action, but not for actions for violations, offenses and infractions of the Charter or Code which are to be governed by the procedures established in Subsection (a) of this Section. References to the district court in the Colorado Rules of Civil Procedure shall be deemed to refer to the Municipal Court. In addition, the Municipal Court shall liberally construe, administer and apply these rules as applicable in each civil action to secure the just, speedy and inexpensive determination of that civil action. In these civil actions, the Municipal Court shall be vested with the full authority to provide civil remedies, including, without limitation, equitable, injunctive and declaratory relief and to award costs and attorney fees to the full extent permitted by law. It shall also have the power in those actions to compel the attendance of witnesses, to punish for contempt of court and to enforce any award of equitable, declaratory or injunctive relief through its contempt power in accordance with the applicable provisions of the Colorado Rules of Civil Procedure, as amended. Section 4. That the rules of procedure adopted in Code Section 19-3(b) of this Ordinance shall be applicable to all civil actions filed in Municipal Court on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 28th day of March, A.D. 2017, and to be presented for final passage on the 18th day of April, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of April, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann 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. City Council Work Session March 28, 2017 After the Adjourned Council Meeting, which begins at 6:00 p.m.  CALL TO ORDER. 1. Neighborhood Services Highlights and Residential Parking Permit Program Update. (staff: Delynn Coldiron, Laurie Kadrich; 10 minute staff presentation; 45 minute discussion) The purpose of this item is to provide Council with highlights of Neighborhood Services’ programs and activities, as well as an update on the Residential Permit Parking Program (RP3). 2. Advanced Meter Fort Collins (AMFC) Update. (staff: Tim McCollough, Adam Bromley, Kevin Gertig; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to provide Council with an update on the various systems that are characterized as part of the Utilities Advanced Metering Infrastructure. Each of the systems installed as part of the Advanced Meter Fort Collins (AMFC) project are the foundation to the evolving advanced or “smart” electric grid here in Fort Collins. These systems have enabled the Utility and its’ customers to realize significant benefits and this item attempts to describe and quantify those benefits.  OTHER BUSINESS.  ADJOURNMENT. DATE: STAFF: March 28, 2017 Delynn Coldiron, Neighborhood Services Manager Laurie Kadrich, Director of PDT WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Neighborhood Services Highlights and Residential Parking Permit Program Update. EXECUTIVE SUMMARY The purpose of this item is to provide Council with highlights of Neighborhood Services’ programs and activities, as well as an update on the Residential Permit Parking Program (RP3). GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council have any feedback on Neighborhood Services programs or activities? 2. Does Council support the current structure of the RP3 program? 3. Is Council supportive of increasing the RP3 parking fine for event day violations? BACKGROUND / DISCUSSION Neighborhood Services Highlights 2016 proved to be another busy year for Neighborhood Services. The programs, services and activities continued to function at a high level, including enforcement of nuisance codes and the occupancy ordinance; mediation and restorative justice efforts; education for citizens around the development review process; programming and education for Colorado State University (CSU) students; neighborhood meetings and problem solving; and community-wide engagement, training and outreach on a variety of topics. In addition, 2016 continued to see successful events which included providing more than $11,000 in community building and improvements through the neighborhood grants program, over 100 Neighborhood Night Out events, and partnering with CSU students and staff for Community Welcome (209 volunteers) and Fall Clean Up (1,877 volunteers and 287 projects). Staff anticipates an even greater focus on neighborhood livability efforts in 2017 as efforts are increased around code enforcement, training and citizen engagement, and as staff works collaboratively with others to open the Campus West satellite office. The following are some key initiatives and program data highlights: 1. Neighborhood Connections This effort implemented a new program intended to:  Bring neighbors together  Connect neighborhoods to each other and to the City  Identify neighborhood priorities  Co-manage issues and projects  Expand social and community building activities  Develop priorities around neighborhood livability  Co-create with citizens a community that they love and want to be a part of. Twenty (20) neighborhoods are represented in the current pilot program, with approximately 40 citizens participating in activities on a regular basis. Efforts have included partnering with CSU’s Center for Public 1 Packet Pg. 2 March 28, 2017 Page 2 Deliberation to develop curriculum and training around leadership, participatory democracy, problem solving, and meeting organization and design. Staff anticipates opening the program to the entire community during summer 2017. 2. CityWorks EDU: Campus, City and Civic Engagement This effort implemented a new 3-credit fall course at CSU that is modeled after the CityWorks program. In partnership with CSU’s Center for Advising and Student Achievement Key Communities program, which provides support to underrepresented students (first generation, minority, low socioeconomic status, etc.), 31 students took the course and explored the ways in which Fort Collins operates. The course explores:  The roles and functions of local government  How citizens engage with their local government  How citizens can influence their communities on multiple levels. A 1-credit follow-up course took place in the first 8 weeks of 2017 spring semester. The same cohort of students continued to learn about the different roles and functions of local government and community engagement. The course took a deeper look at how citizens in Fort Collins participate in the community through relationship building, positive communication with others and participation in local activities. It is intended to give students practical knowledge and skills that will allow them to maximize their experience while living in Fort Collins. 3. Renewal of Neighborhoods in a State of Change Grant This effort, done in conjunction with Social Sustainability, Engineering, Parks, Traffic and Utilities, resulted in a number of improvements within the community. These included:  Sidewalk improvements and upgrades  Street lighting upgrades  Traffic calming solutions  Planting trees to expand street canopies  Addition of one park shelter and upgraded playground equipment  Pedestrian accessibility improvements  Installation of a pollinator garden (joint effort with Nature in the City) Partnering with other departments to leverage other City funds has been key to achieving success and maximizing results. This grant was renewed as part of the 2017/2018 BFO process. It is intended to build on the successes of the previous grant and will continue to focus on supporting reinvestment in older neighborhoods to stabilize and restore them. An added component to this grant will encourage matching funds, labor or materials from applicants as a way to encourage donations, fundraising and resident participation in the projects where applicable. Additionally, a greater emphasis will be placed on neighborhood and community groups to co-create, prioritize, and assist with project implementation. 4. Nuisance Code and Occupancy Enforcement These services help contribute to neighborhood livability through the preservation, maintenance and enhancement of our neighborhoods. They also help protect and preserve the beauty of the community and the city’s quality of life. As part of the 2017/2018 BFO process, additional code enforcement staff was approved. All four inspector positions, as well as the administrative position to support their efforts, have been hired and training is underway. This, coupled with changes staff is making to inspection area boundaries, will help ensure increased proactive inspections and more timely enforcement of violations, especially in areas within the community that have the highest numbers of nuisance and occupancy complaints. 1 Packet Pg. 3 March 28, 2017 Page 3 The following is data for 2016 enforcement efforts:  Nuisance Codes: 9,658 nuisance code cases were initiated in 2016. This is the highest number of cases initiated since 2010. The breakdown for the most common cases follows: o 2,335 Weeds o 1,706 Forestry/Right-of-Way Encroachment o 1,704 Rubbish o 1,464 Snow o 1,230 Unscreened Trash Cans o 1,219 - All Others Education and outreach related to nuisance code requirements is an essential part of staff’s efforts in Neighborhood Services to encourage voluntary compliance. Voluntary compliance goals for nuisance violations are 90% for 1st and 4th quarters and 95% for 2nd and 3rd quarters. The reduction to 90% for the 1st and 4th quarters accounts for increased numbers of abatements that generally occur due to quick turnaround times required for snow violations. For 2016, the average voluntary compliance rate for the 1st and 4th quarters was 89%; 98% for the 2nd and 3rd quarters. Another metric tracked related to nuisance code cases is the number of violations identified through complaints received and the number identified through proactive patrols. 64% of all nuisance violation cases for 2016 were identified proactively. Our goal is to increase proactive cases to 85% in 2017.  Occupancy: 206 occupancy cases were initiated in 2016. This is the highest number of cases initiated since the inception of the current program in 2007. Efforts related to these cases included: o 109 investigation notices sent o 56 violation notices issued o 24 citations issued During 2016 a limited amount of proactive enforcement of occupancy cases were handled, focusing primarily on monitoring properties with a prior history of violations. With the added code enforcement resources, staff plans to increase proactive enforcement of the occupancy ordinance. 5. Process Improvements Neighborhood Services’ staff strives to be innovative in the way services are delivered and staff is consistently looking for ways to improve. The following are examples that were implemented by Code Compliance staff during 2016:  Large Item Disposal: A staff committee was formed to address concerns around large item disposal during the late July/early August timeframe as leases turn over. The group researched programs from other municipalities, costs associated with the various programs, and met with outside agencies and non- profit organizations seeking ways to collaboratively address the issues. Based on this research, no formal program was established due to cost and limited partners who could participate in such an effort. Instead, two Compliance Inspectors changed their normal routines to ensure daily patrols in the Campus West area. They looked specifically for large items such as furniture, desks, cabinets, televisions, and similar items. Based on their efforts during this 4-week period, 194 violation notices were sent to property owners for the abandoned items and 12 violations referred to the Streets department for items abandoned in the public right-of-way. These efforts ensured much quicker compliance than had been done in the past. For 2017, it is anticipated that these efforts will continue and expand into other neighborhoods near the campus or where similar issues have been identified. Efforts will continue to find outside partners who might be willing to collaborate with us to recycle and/or repurpose items found.  Forestry/Sidewalk Encroachments: Increased efforts were made to clear bushes and trees that had overgrown the surface of the sidewalk, as well as those that had grown too low resulting in covered signs and areas where people had to duck under them. These efforts were done in collaboration with the Streets and Forestry departments where we coordinated efforts ahead of street sweepers to ensure they 1 Packet Pg. 4 March 28, 2017 Page 4 had access to the entire street, allowing for curb-to-curb sweeping. 1,432 violations were found as part of these efforts which are planned to continue in 2017. 6. Mediation and Restorative Justice These services help foster positive and respectful neighbor relationships, open communication and assist residents and young people in our community address conflict in healthy and effective ways. In an effort to support increased collaboration between these programs, and to increase efficiency by sharing resources, changes were made to move these services to the same location and under the same manager. 7. Best/Next Practices Neighborhoods Services’ staff receives inquiries on a regular basis regarding programs and services. Nationally, other communities view these as best practices and want to implement them in their municipalities and universities. Over the past year, this was true for Community Liaison programming, Neighborhood Connections and Restorative Justice. 8. 2017 - What’s New or Coming?  Campus West Satellite Office  No-Smoking Enforcement  New Classes  Strategic Planning Residential Permit Parking Program Update 1. Introduction The Residential Parking Permit Program (RP3) was created to mitigate impacts to neighborhoods from spillover parking by adjacent activity centers such as CSU, Downtown, and large multi-family residential projects. As of March 1, 2017, there are eight RP3 zones, covering 296 acres with 3,905 parking spaces, and three more proposed zones, covering 139 acres with 275 parking spaces (Attachment 2). All the zones directly abutting CSU are currently deciding if they want to implement RP3 for Stadium Events. Staff is currently auditing the RP3 program for possible improvements and will come back to Council within the next year with possible recommendations. 2. Background The RP3 program was created during the 2013 Parking Plan and added to the city’s Municipal Code (Chapter 24, Article V). The stated purpose of the program is to reduce “unnecessary personal motor vehicle travel, noise, pollution, litter, crime and other adverse environmental impacts; promote improvements in air quality; reduce congestion and/or hazardous traffic conditions in the neighborhood; increase the use of public mass transit; protect residents from unreasonable burdens in gaining access to their property; preserve neighborhood living within an urban environment; maintain the convenience and attractiveness of urban residential living; preserve the residential character of the neighborhood and the property values therein; and safeguard the peace and tranquility of the neighborhood.” Staffing the program consists of one part time position to administer the program and utilizes existing parking enforcement officers to enforce neighborhood restrictions. Prior to the implementation of the RP3 program, parking enforcement staff patrolled the Downtown area primarily on foot and some areas around CSU campus by vehicle (total of 405 acres). The RP3 program has significantly increased their patrol area to 572 acres (+139 acres proposed) being staffed by the same amount of enforcement officers. 1 Packet Pg. 5 March 28, 2017 Page 5 3. Standards and Procedures  Standards: Implementation of an RP3 zone creates parking restrictions on public streets which limit parking of non-permitted vehicles to two hours per day during the week (Monday - Friday, 8 a.m. - 5 p.m.). Vehicles parked without a permit for longer than two hours in an RP3 zone are issued a $25 citation. A vehicle may park in any and all RP3 zones for two hours once per day (except Sheely where two-hour parking is not permitted). The amount of permits made available to each home and business may vary depending on the amount of parking spaces available. Typically, each single-family home and business may be offered up to four or five permits, and multi-family units are limited to two permits. However, most residences only purchase one or two permits. The following table illustrates the permit costs. PERMITS Amount Cost Resident & Business* 1st permit free 2nd permit $15 per year 3rd permit $40 per year 4th permit $100 per year 5th permit $200 per year Guest < 24 hours free 24 hrs. - 2 weeks $10 Work 1 permit maximum free Commuter** 1 per vehicle $40/month *Residences and business must be located within the established RP3 zone. **Commuter permits are made available to non-residents only after resident and business permits are issued and surplus parking spaces remain unpermitted. The maximum number of permits issued for a zone is 70% of all parking spaces.  Procedures for Implementation: The creation of an RP3 zone is initiated by residents of a neighborhood by submitting a petition with 10 resident signatures. Parking Services staff will then do an occupancy study in the requested area to confirm that parking occupancy is greater than 70%. The 70% threshold was identified as a best practice in other communities and adopted to ensure the city was not creating RP3 zones where they are not needed. If the area does meet the threshold then a neighborhood meeting is held to discuss the provisions of the RP3 program and garner input regarding the zone boundaries. After the meeting, ballots are sent to property owners within the proposed zone to vote on RP3 implementation. At least 50% of property owners must participate and a simple majority decides for or against.  RP3 for Stadium Events: Similar procedures are being followed for the creation of an RP3 zone for CSU stadium events with the exception of occupancy studies. The primary differences between RP3 and event parking are as follows: o Two-hour parking is not permitted. o Commuter permits are not permitted. o The citation for a violation is a $100 fine. The proposed fine increase is because event parking for football games costs $20, therefore a $25 fine is not much of a deterrent to parking in neighborhoods. The RP3 for stadium events will be activated for football games and any other stadium event anticipating greater than 12,000 attendees. Signage will be posted with an informational phone number and website for motorists to confirm whether or not an event is taking place with associated residential parking restrictions. 1 Packet Pg. 6 March 28, 2017 Page 6 4. Public Feedback about the Program Since the program’s inception, regular customer satisfaction questionnaires have been administered to participating neighborhoods. The feedback has been overwhelmingly positive as neighborhoods have “taken back” their streets. Some criticisms of the program include the cost of permits, fear that commuter permits will return the original problem, the program simply pushes the problem beyond the zone boundaries, not enough multi-family permits are provided, and some zones would like enforcement at night. 5. Parking Advisory Board Feedback The Parking Advisory Board (PAB) was presented the above information at its February board meeting. The Board was concerned that RP3 is too restrictive to non-residents and creating “parking deserts”. The Board recommended that the commuter permit program be bolstered by lowering the price of permits and disseminating more information about the availability of commuter permits. Additionally, it recommended reducing the amount of commuter permits sold to lower threshold than the 70% occupancy maximum to reduce the impact on neighborhoods. The PAB expressed opposition to the RP3 for Stadium Events program, citing that it is unwelcoming to out-of- town visitors. Should the program continue, permits should be made available for non-residents. (Attachment 3) ATTACHMENTS 1. Neighborhood Connections Infographic (PDF) 2. RP3 Zones (PDF) 3. Parking Advisory Board Memo - RP3 Program Recommendations (PDF) 4. CSU Game Days and Special Events Memo (PDF) 5. Powerpoint presentation (PDF) 1 Packet Pg. 7 HELPING NEIGHBORS WORK TOGETHER AND WITH THEIR LOCAL GOVERNMENT • Tools for managing neighborhood conflicts • Customized City updates/notifications to residents and neighborhoods (Construction, development review, Road to 2020 initiatives, neighborhood meetings, Utilities work, street maintenance, etc.) • Opportunities to sharpen leadership skills • Proactive and innovative methods for public engagement • New resources to support neighborhood organization and action • Bring neighbors together • Connect neighborhoods to each other and to the City • Identify neighborhood priorities • Co-manage issues and projects • Expand social and community building activities • Develop priorities around neighborhood livability (Crime prevention, land use issues, code compliance, physical improvements, transportation, economic development, diversity, accessibility) RESOURCES GOALS TIMELINE PROGRAM HIGHLIGHTS OCT 2014 Research begins. Community outreach, questionnaire, meetings and more. APR 2015 – FEB 2016 JUN 28 – AUG 1 2016 Application period for pilot neighborhoods. Pilot neighborhoods begin and feedback is gathered. AUG – DEC 2016 The Fort Collins program launched citywide. SPRING/SUMMER 2017 NEXT STEPS: Auxiliary aids and services are available for persons with disabilities. V/TDD: 711 16-2193 September 19 Neighborhood issues and opportunities November 14 Group dynamics and facilitative leadership January  City plan and “what’s wrong to what’s strong” February 13 Designing innovative neighborhood meetings Future topics : Fortify Fort Collins ; polarity management (positions and interest) ; new neighborhood partnership/grant program ^ƵŵŵĂƌLJŽĨZĞƐŝĚĞŶƚŝĂůWĂƌŬŝŶŐWĞƌŵŝƚWƌŽŐƌĂŵ;ZWϯͿŽŶĞƐ ůůŽŶĞƐ džŝƐƚŝŶŐĂŶĚWƌŽƉŽƐĞĚ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ džŝƐƚŝŶŐ͗ϯ͕ϵϬϱ WƌŽƉŽƐĞĚ͗Ϯϳϱ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϭϯϴϰ ŽŵŵĞƌĐŝĂů͗ϱϴ ŽŵŵƵƚĞƌ͗ϯϰ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϴϯй ƵƌƌĞŶƚ͗ϰϬй $WWDFKPHQW% ATTACHMENT 2 1.2 Packet Pg. 9 Attachment: RP3 Zones (5436 : Neighborhood Services and RP3 Update)    ŽŶĞϭ ^ƉƌŝŶŐŽƵƌƚ  ƐƚĂďůŝƐŚĞĚ EŽǀĞŵďĞƌϮϬϭϯ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϭϵ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϭϭ ŽŵŵĞƌĐŝĂů͗ϱ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϴϱй ƵƌƌĞŶƚ͗ϴϯй  ŽŶĞϮ ^ŚĞĞůLJ  ƐƚĂďůŝƐŚĞĚ ƉƌŝůϮϬϭϰ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϰϬϬ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϭϴϰ ŽŵŵƵƚĞƌ͗Ϯ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϳϰй ƵƌƌĞŶƚ͗ϯϰй  1.2 Packet Pg. 10 Attachment: RP3 Zones (5436 : Neighborhood Services and RP3 Update) ŽŶĞϯ DĂŶƚnj  ƐƚĂďůŝƐŚĞĚ ƵŐƵƐƚϮϬϭϰ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ Ϯϰϲ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϭϭϭ ŽŵŵƵƚĞƌ͗Ϯ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϴϯй ƵƌƌĞŶƚ͗Ϯϲй  ŽŶĞϰ KůĚWƌŽƐƉĞĐƚ  ƐƚĂďůŝƐŚĞĚ DĂƌĐŚϮϬϭϱ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϭϱϳ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϭϬϰ ŽŵŵĞƌĐŝĂů͗ϴ ŽŵŵĞƌĐŝĂů͗ϱ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϳϵй ƵƌƌĞŶƚ͗Ϯϱй  1.2 Packet Pg. 11 Attachment: RP3 Zones (5436 : Neighborhood Services and RP3 Update) ŽŶĞϱ hŶŝǀĞƌƐŝƚLJEŽƌƚŚ  ƐƚĂďůŝƐŚĞĚ &ĞďƌƵĂƌLJϮϬϭϲ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϵϬϲ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϱϴϵ ŽŵŵĞƌĐŝĂů͗ϴ ŽŵŵƵƚĞƌ͗Ϯϯ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϵϴй ƵƌƌĞŶƚ͗ϱϬй  ŽŶĞϲ KůĚ&ŽƌƚŽůůŝŶƐ,ŝŐŚ  ƐƚĂďůŝƐŚĞĚ DĂƌĐŚϮϬϭϲͲĞdžƚĞŶƐŝŽŶ ĂƉƉƌŽǀĞĚďLJǀŽƚĞ͕ ŝŵƉůĞŵĞŶƚĂƚŝŽŶŝŶƉƌŽĐĞƐƐ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϲϮϴ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗ϭϰϴ ŽŵŵĞƌĐŝĂů͗ϵ ŽŵŵƵƚĞƌ͗Ϯ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϴϱй ƵƌƌĞŶƚ͗ϯϬй  1.2 Packet Pg. 12 Attachment: RP3 Zones (5436 : Neighborhood Services and RP3 Update) ŽŶĞϳ KůĚdŽǁŶtĞƐƚ  ƐƚĂďůŝƐŚĞĚ KĐƚŽďĞƌϮϬϭϲ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϳϮϴ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗Ϯϯϳ ŽŵŵĞƌĐŝĂů͗Ϯϴ ŽŵŵƵƚĞƌ͗Ϭ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϵϴй ƵƌƌĞŶƚ͗ϱϬй  ŽŶĞϴ hŶŝǀĞƌƐŝƚLJĂƐƚ  ƐƚĂďůŝƐŚĞĚ ƉƉƌŽǀĞĚďLJǀŽƚĞ͕ ŝŵƉůĞŵĞŶƚĂƚŝŽŶŝŶƉƌŽĐĞƐƐ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϴϮϭ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗Eͬ ŽŵŵĞƌĐŝĂů͗Eͬ ŽŵŵƵƚĞƌ͗Eͬ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϳϳй ƵƌƌĞŶƚ͗Eͬ  1.2 Packet Pg. 13 Attachment: RP3 Zones (5436 : Neighborhood Services and RP3 Update) ŽŶĞϵ tĞƐƚĞƌŶ,ĞŝŐŚƚƐ  ƐƚĂďůŝƐŚĞĚ sŽƚĞƉĞŶĚŝŶŐ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϮϰϬ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗Eͬ ŽŵŵĞƌĐŝĂů͗Eͬ ŽŵŵƵƚĞƌ͗Eͬ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϳϵй ƵƌƌĞŶƚ͗Eͬ  ŽŶĞƐϭϬΘϭϭ >ĂŬĞ^ƚƌĞĞƚĂŶĚůĞǀŝŶƐŽƵƌƚ  ƐƚĂďůŝƐŚĞĚ sŽƚĞƉĞŶĚŝŶŐ EƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ϯϱ EƵŵďĞƌŽĨƉĞƌŵŝƚƐŝƐƐƵĞĚ ZĞƐŝĚĞŶƚŝĂů͗Eͬ ŽŵŵĞƌĐŝĂů͗Eͬ ŽŵŵƵƚĞƌ͗Eͬ KĐĐƵƉĂŶĐLJ ĞĨŽƌĞZWϯ͗ϭϬϬй ƵƌƌĞŶƚ͗Eͬ   1.2 Packet Pg. 14 Attachment: RP3 Zones (5436 : Neighborhood Services and RP3 Update) PARKING ADVISORY BOARD Chair, Holly Wright Vice Chair, Bob Criswell MEMORANDUM DATE: March 13, 2016 TO: Mayor Troxell and City Councilmembers FROM: Parking Advisory Board RE: Feedback on Residential Parking Permit Program (RP3) and Large Stadium Event Residential Parking During the February 13, Parking Advisory Board (PAB) meeting, City staff presented updates on Residential Parking Permit Program (RP3) and Stadium Event Residential Parking Program. In response, board members discussed options for improving the RP3 program, including revisions to commuter permit rules and issues regarding parking in residential neighborhoods during large stadium events. The Board offers the following comments and recommendations to Council on these programs: RP3 Commuter Permits Recommendation: Provide additional opportunities for non-residential parking in RP3 zones by making commuter permits more available. Observations and comments: x Commuter permits currently cost $40 per month. x Staff presented evidence to the board that occupancy in RP3 zones is well below the 70% threshold used to determine eligibility for formation of a zone. Occupied spaces vary from 25% - 50% of the total number available (except for Spring Court, a one-block zone). x The intent of the RP3 zone was not to create “parking deserts” but to allow residents the opportunity for a parking space in their neighborhood. x PAB suggests evaluating the price of commuter permits and lowering the cost depending on the demand for parking. x To reduce the impact on residents, it is suggested to lower the maximum occupancy rate (from 70% to 60%) above which no commuter permits can be sold and to assign commuter permits to block faces. x City staff should do more to promote the availability of commuter permits through signage, education and online access to permits. Large Stadium Event Residential Parking Recommendation: Do not form an RP3 program for CSU Game Days. $WWDFKPHQW& ATTACHMENT 3 1.3 Packet Pg. 15 Attachment: Parking Advisory Board Memo - RP3 Program Recommendations (5436 : Neighborhood Services and RP3 Update) PARKING ADVISORY BOARD Chair, Holly Wright Vice Chair, Bob Criswell Observations and comments: x The concept of permit parking with fines for non-permitted vehicles is unwelcoming to visitors to the community. x Parking in neighborhoods that border CSU is a parking resource that will be needed for the potential volume of cars that need to be accommodated for large events. It also may help with traffic congestion after events if cars are spread around the campus. x A permit parking program for large events will prevent gatherings of students and Fort Collins residences at homes in the RP3 zones that wish to assemble and celebrate before and after the games. x If RP3 is offered, large event parking permits must be offered to nonresidents. 1.3 Packet Pg. 16 Attachment: Parking Advisory Board Memo - RP3 Program Recommendations (5436 : Neighborhood Services and RP3 Update) $WWDFKPHQW' ATTACHMENT 4 1.4 Packet Pg. 17 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 18 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 19 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 20 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 21 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 22 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 23 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 24 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1.4 Packet Pg. 25 Attachment: CSU Game Days and Special Events Memo (5436 : Neighborhood Services and RP3 Update) 1 Neighborhood Services Highlights Delynn Coldiron, Neighborhood Services Manager ATTACHMENT 5 1.5 Packet Pg. 26 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Purpose 2 To provide Council with highlights of Neighborhood Services’ programs and activities, as well as an update on the Residential Permit Parking Program 1.5 Packet Pg. 27 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Direction Sought From Council • Does Council have feedback on Neighborhood Services programs or activities? • Does Council support the current structure of the Residential Permit Parking Program? • Is Council supportive of increasing the residential permit parking fine for event day violations? • Does Council have feedback on Neighborhood Services programs or activities? • Does Council support the current structure of the Residential Permit Parking Program? • Is Council supportive of increasing the residential permit parking fine for event day violations? 3 1.5 Packet Pg. 28 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Neighborhood Services 4 Neighborhood Administration •Education & Outreach •Engagement •Problem Solving •Meeting Facilitation •Events & Programs •Grant Management •Special Projects Mediation & Restorative Justice •Education & Outreach •Mediation •Restorative Justice •Meeting Facilitation •Training •Volunteer Management •Grant Management Development Review Liaison •Education & Outreach •Engagement •Meeting Facilitation •Resource for Residents •Development Review Community Liaison •Education & Outreach •Problem Solving •Programming for CSU Students and Long-term Residents •National Best Practice Code Compliance • Education & Outreach • Code Review • Compliance • Inspection • Problem Solving • Enforcement • Occupancy 1.5 Packet Pg. 29 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 5 • Bringing neighbors together • Connecting neighborhoods to each other and the City • Identifying neighborhood priorities • Co-managing issues and projects • Expanding social and community building activities • Developing priorities around neighborhood livability • Co-creating with citizens a community that they love and want to be a part of 1.5 Packet Pg. 30 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) CityWorks EDU: Campus, City & Civil Engagement 6 • Modeled after CityWorks. • Academic support for underrepresented populations. • Explore the roles and functions of local government. • Explore how citizens can engage with their local government and influence their communities. • Weekly article research and discussions. • Read For the Love of Cities and write a paper. • 2 – community engagement activities. • Final presentation on a city code, ordinance or policy. • Next practice. 1.5 Packet Pg. 31 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Renewal of Neighborhoods - Grant 7 1.5 Packet Pg. 32 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 8 Code Compliance and Occupancy Data 1.5 Packet Pg. 33 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 9 Process Improvements 1.5 Packet Pg. 34 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 10 New Staff – Neighborhood Livability 1.5 Packet Pg. 35 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 11 Neighborhood Services….. Strengthening the Fort Collins Community through education, resources, and public involvement What’s New or Coming? 1.5 Packet Pg. 36 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 12 Residential Parking Permit Program (RP3) Update Seth Lorson, Transit Planner 1.5 Packet Pg. 37 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) RP3 Standards Enforcement:. Public 2 hour parking: Can only park once per day per zone. Permit holders are exempt. Citation for exceeding 2 hours: $25 Residents and businesses in zone may obtain 1 to 5 permits. Guest and work permits are available. Commuter permits are made available to non-residents if spaces are available. 13 Weekday RP3 Stadium Event RP3 Monday – Friday 8am-6pm Day of Event (12K+ attendees) 2-hour parking once per day No 2-hour parking $25 citation $100 citation Zone occupants: 1 – 5 permits Zone occupants: use same permits as weekday Guest and work permits available Guest and work permits available Commuter permits available for non- residents No commuter permits 1.5 Packet Pg. 38 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Process for Creating a Zone Neighborhood initiated petition Occupancy study Neighborhood meeting Property owner vote Implementation 14 1.5 Packet Pg. 39 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) 15 Summary of all RP3 zones • 8 existing zones, 3 proposed • 4,180 total parking spaces • Permits issued: • 1,384 residential • 58 commercial • 34 commuter • Occupancy: • Before RP3: 83% • Current: 40% 1.5 Packet Pg. 40 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Direction Sought From Council • Does Council have feedback on Neighborhood Services programs or activities? • Does Council support the current structure of the Residential Permit Parking Program? • Is Council supportive of increasing the residential permit parking fine for event day violations? • Does Council have feedback on Neighborhood Services programs or activities? • Does Council support the current structure of the Residential Permit Parking Program? • Is Council supportive of increasing the residential permit parking fine for event day violations? 16 1.5 Packet Pg. 41 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) THANK YOU 17 1.5 Packet Pg. 42 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Additional Information The following are additional slides not used as part of presentation 18 1.5 Packet Pg. 43 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Code Compliance 19 0 500 1000 1500 2000 2500 3000 3500 4000 Nuisance Cases 2015 2016 92.73% 0.30% 6.97% Case Results Voluntary Compliance Abatement Civil Citation 9,658 Cases - 2016 1.5 Packet Pg. 44 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Occupancy (aka U + 2) 20 41% 6% 34% 19% 2016 Cases By Quadrant NW NE SW SE 0 50 100 150 200 250 Annual Caseload Yearend Complaints Up 25% in 2016 206 Cases - 2016 Boundaries = College / Prospect 1.5 Packet Pg. 45 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Mediation & Restorative Justice 21 October 2015 – September 2016 MEDIATION RESTORATIVE JUSTICE 407 CASES ASSISTANCE 42% BASIC 58% ADVANCED 20 FACE TO FACE 1,104 MEDIATIONS TOTAL CONTACTS MADE 99.4% OF PARTICIPANTS HAPPY WITH RJ EXPERIENCE YOUTH SERVED 162 370 FAMILIES, VICTIMS/REPRESEN TATIVES, COMMUNITY MEMBERS SERVED 2,244 VOLUNTEER HOURS PER YEAR 1.5 Packet Pg. 46 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) Best/Next Practices 22 Town & Gown 1.5 Packet Pg. 47 Attachment: Powerpoint presentation (5436 : Neighborhood Services and RP3 Update) DATE: STAFF: March 28, 2017 Adam Bromley, Smart Grid & Systems Operation Manager Tim McCollough, Light and Power Operations Manager Kevin Gertig, Utilities Executive Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Advanced Meter Fort Collins (AMFC) Update. EXECUTIVE SUMMARY The purpose of this item is to provide Council with an update on the various systems that are characterized as part of the Utilities Advanced Metering Infrastructure. Each of the systems installed as part of the Advanced Meter Fort Collins (AMFC) project are the foundation to the evolving advanced or “smart” electric grid here in Fort Collins. These systems have enabled the Utility and its’ customers to realize significant benefits and this item attempts to describe and quantify those benefits. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What other information regarding AMI would Council like to have updates from staff on in the future? 2. What feedback does Council have regarding the status of AMI and its benefits? BACKGROUND / DISCUSSION AMI benefits summarized:  Over the last three years (2014-2016), the AMI systems have accumulated approximately $3.8 million worth of total savings.  Reduction in workforce, labor, and vehicle use has resulted in about $1 million of savings annually.  Several other initiatives or work procedures that could be enabled in the future could result in about $1.3 million in savings annually.  Utilities customers have seen significant benefits (hard to quantify) in the availability and amount of their water and electric consumption data. ATTACHMENTS 1. Powerpoint presentation (PDF) 2 Packet Pg. 48 1 Utilities Advanced Metering Infrastructure Adam Bromley and Tim McCollough March 28, 2017 ATTACHMENT 1 2.1 Packet Pg. 49 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Topics • Overview of Advanced Meter Infrastructure (AMI) • Benefits • Tangible Benefits • Intangible Benefits • Enhancements Currently Underway 2 2.1 Packet Pg. 50 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) AMI Overview 3 IT Infrastructure & Integrations Customer- Enabling Features Field Assets 2.1 Packet Pg. 51 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Improved Meter Accuracy •Old electro-mechanical meters are less accurate over time •New electronic meters • No moving parts, highly accurate, automated data collection •Increased metering accuracy • One-time benefit $350,000 4 2.1 Packet Pg. 52 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Meter Reading Reductions 5 0 20,000 40,000 60,000 80,000 100,000 2011 2012 2013 2014 2015 2016 Miles Meter Reader Group Mileage $- $200,000 $400,000 $600,000 $800,000 $1,000,000 2004 2006 2008 2010 2012 2014 2016 2018 Dollars Expenses Total Total Without Capital AMFC Deployed $1.9M savings $640,000 per year 75% reduction fuel usage and CO2 2.1 Packet Pg. 53 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Electric Move Out Truck Rolls 6 0 500 1,000 1,500 2,000 2,500 Jan-11 Mar-11 May-11 Jul-11 Sep-11 Nov-11 Jan-12 Mar-12 May-12 Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13 Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14 Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15 Jul-15 Sep-15 Nov-15 Jan-16 Mar-16 May-16 Jul-16 Sep-16 Nov-16 26,637 (90%+ automated) 2.1 Packet Pg. 54 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Priority Read Service Orders 7 0 100 200 300 400 500 600 700 Jan-11 Mar-11 May-11 Jul-11 Sep-11 Nov-11 Jan-12 Mar-12 May-12 Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13 Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14 Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15 Jul-15 Sep-15 Nov-15 Jan-16 Mar-16 May-16 Jul-16 Sep-16 Nov-16 AMFC begins mass deployment 2.1 Packet Pg. 55 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Average Annual Savings (2014-2016) 8 Electric $159,000 Water $0 $37,000 Water $0 $37,000 $324,000 $398,000 $6,000 + + = Electric $159,000 2.1 Packet Pg. 56 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Total Savings by Category 9 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 Meter Reading Labor Direct Load Control Service Switch Field Labor Meter Reading Vehicle operating costs Avoided Transformer Overloads Load Research Meter Readings Handheld Capital Expected Actual Future 2.1 Packet Pg. 57 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2014 2015 2016 2017 2018 2019 2020 Annual Savings 10 1M 875K 710K 780K 825K 820K 815K Total Savings 2014-2016 = $2.6M 1.4M 1.3M 1.1M 1.2M 1.2M 1.2M 1.2M 2.1 Packet Pg. 58 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Web Portal 11 0 200 400 600 800 1000 1200 1400 1600 1800 2000 Mar-14 Sep-14 Apr-15 Oct-15 May-16 Nov-16 # Logins Logins Per Month Distinct Acct. Logins for Month Accounts New to Portal 12,992 customers 809 once/month 2.1 Packet Pg. 59 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Demand Response & Peak Partners Demand Response • AMI data provides more accurate peak demand reduction pre-event estimate • 20% more accurate amount of available compressors/water heaters • Enables participation in Energy Markets Peak Partners 12 268,000 77% 4,000/YEAR 95% 2.1 Packet Pg. 60 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Enhancements Underway • Distribution modeling • Data Sharing Research Project with CSU for advanced system modeling • Expanded rate options • Time-of-Use • Automatic After Hours Turn-Ons • Live March 6, 2017 13 2.1 Packet Pg. 61 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) AMI Supports City Vision/Mission To provide world-class municipal services through operational excellence and a culture of innovation. 14 AMI is key to supporting the overall City mission: “Exceptional service for an exceptional community.” 2.1 Packet Pg. 62 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Questions Questions??? 15 2.1 Packet Pg. 63 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Water Move Outs 16 0 100 200 300 400 500 600 Jan-11 Mar-11 May-11 Jul-11 Sep-11 Nov-11 Jan-12 Mar-12 May-12 Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13 Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14 Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15 Jul-15 Sep-15 Nov-15 Jan-16 Mar-16 May-16 Jul-16 Sep-16 Nov-16 2.1 Packet Pg. 64 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Water and Electric Move Ins 17 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Jan-11 Mar-11 May-11 Jul-11 Sep-11 Nov-11 Jan-12 Mar-12 May-12 Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13 Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14 Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15 Jul-15 Sep-15 Nov-15 Jan-16 Mar-16 May-16 Jul-16 Sep-16 Nov-16 2.1 Packet Pg. 65 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Future Savings per Year 18 Electric $159,000 Water $37,000 $6,000 $398,000 + + = Water $37,000 Electric $159,000 2.1 Packet Pg. 66 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Monitor My Use 19 2.1 Packet Pg. 67 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Data Analytics – Before/After 20 0 500 1000 1500 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 kWh Monthly Register Reads 0 0.5 1 1.5 2 2.5 1/1/2016 0:00 2/1/2016 0:00 3/1/2016 0:00 4/1/2016 0:00 5/1/2016 0:00 6/1/2016 0:00 7/1/2016 0:00 8/1/2016 0:00 9/1/2016 0:00 10/1/2016 0:00 11/1/2016 0:00 12/1/2016 0:00 kWh 15 Minute Interval Data 2.1 Packet Pg. 68 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Data Analytics • Transformer Loading • Continuous Water Use Program 21 2.1 Packet Pg. 69 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Advanced Analytics – Single Customer 22 0.0 1.0 2.0 3.0 4.0 5.0 6.0 12 AM 02 AM 04 AM 06 AM 08 AM 10 AM 12 PM 02 PM 04 PM 06 PM 08 PM 10 PM Set B: 2016 Delivered Set A: 2016 Delivered Sun Mon Tue Wed Thu Fri Sat 12 AM 02 AM 04 AM 06 AM 08 AM 10 AM 12 PM 02 PM 04 PM 06 Advanced Analytics – Neighborhood 23 15 10 -5.0 0.0 5.0 10 15 20 Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Range A: 07/28/2015 through 08/03/2015 Range B: 07/24/2016 through 07/30/2016 Range C: 12/04/2016 through 12/10/2016 15 10 -5.0 0.0 5.0 10 15 20 12 AM 02 AM 04 AM 06 AM 08 AM 10 AM 12 PM 02 PM 04 PM 06 PM 08 PM 10 PM Range A: 07/28/2015 through 08/03/2015 Range B: 07/24/2016 through 07/30/2016 Range C: 12/04/2016 through 12/10/2016 2.1 Packet Pg. 71 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Advanced Analytics – Rate Class 24 Electricity Use by Month Electricity Demand by 15 Min Percent of kWh Delivered Average kW Delivered *Additional use below54 •F outside (590 days)or above63 •F outside (340 days) Base Use (80%) Summer + (9%) Winter + (11%) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Average Month 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 12 AM 06 AM 12 PM 06 PM Wint er Addition Base Use 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Jan 2014 Jan 2015 Jan 2016 0.0 0.2 0.4 0.6 Overview: Long-term Perspective 25 Longer term OFIs are being identified for Current focus is on enhanced benefits near-term OFIs to solidify benefits Industry R&D will create OFIs to shape the future AMFC is 99%+ complete and providing quantifiable benefits Advanced Meter Fort Collins (AMFC): Supporting, informing, inspiring and empowering our community 2.1 Packet Pg. 73 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Total Savings by Category 26 Meter Readings Handheld Capital Load Research Meter Reading Vehicle Operating Costs Direct Load Control Service Switch Field Labor Meter Reading Labor Avoided Transformer Overloads Expected Actual Future $300,000 $620,213 $217,839 $70,000 $51,856 $26,500 $15,105 $639,979 $115,000 $323,185 $36,428 $26,500 $10,630 $639,979 $115,000 $397,452 $36,428 $51,856 $26,500 $10,630 2.1 Packet Pg. 74 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) AMFC Foundation: Project to Business-as-Usual We have moved into operations with the AMI in place. 27 Project SGIG Funding Awarded June 2010 Began Meter Installation March 2012 Today January 2017 2011 2012 2013 2014 2015 2016 2017 Operations Advanced Meter Fort Collins (AMFC): The foundation to support, inform, inspire and empower our community 2.1 Packet Pg. 75 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) Performance Metrics Electric Meter Daily Performance Water Module Daily Performance 28 2.1 Packet Pg. 76 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) SGCC Utility CLEAR Award The Smart Grid Consumer Collaborative (SGCC) named Utilities winner of its 2017 Utility CLEAR Consumer Education Award for the creation of the Peak Partners Program. 29 2.1 Packet Pg. 77 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) 0.8 1.0 1.2 1.4 1.6 12 AM 06 AM 12 PM 06 PM Summer Addition Base Use 2.1 Packet Pg. 72 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) PM 08 PM 10 PM 0.0 2.0 4.0 6.0 8.0 10 12 Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Range A: 11/06/2016 through 11/12/2016 Range B: 12/04/2016 through 12/10/2016 -4.0 -3.5 -3.0 -2.5 -2.0 -1.5 -1.0 -0.5 0.0 12 AM 02 AM 04 AM 06 AM 08 AM 10 AM 12 PM 02 PM 04 PM 06 PM 08 PM 10 PM Range A: 11/06/2016 through 11/12/2016 Range B: 12/04/2016 through 12/10/2016 Range C: 01/08/2017 through 01/14/2017 2.1 Packet Pg. 70 Attachment: Powerpoint presentation (5434 : Utilities AMI Staff Update) April 10 meeting with pilot neighborhood representatives $WWDFKPHQW$ ATTACHMENT 1 1.1 Packet Pg. 8 Attachment: Neighborhood Connections Infographic (5436 : Neighborhood Services and RP3 Update) # " # !## # "## ## , %.0#0#)% ,*#0 .0  %0  0#0# 0 .0- 0 &%0      #) 0#)% ,)#!0#,*0 #- )0  )0#0 .)0 #,)0  )0#0 .)0 #,*0  )0#0 .)0 #,)0  *0#0 .!)0 #,)0  )0#0 .*0 +/0$0$'0$"(0          Exhibit A -- Scope of Work (Continued) 1 Packet Pg. 59 Attachment: Exhibit A (5444 : I-25 IGA with CDOT RESO) 1-855-4-MY-HEAT (1-855-469-4328) UNITED WAY 2-1-1 2-1-1 is an information and referral service that provides a comprehensive list of resources and community programs. uwaylc.org/get-help 970-407-7066 10/16 16-3872 • fcgov.com/utilities-affordability • utilities@fcgov.com • 970-212-2900, V/TDD 711 Aids and services are available for persons with disabilities. Esta información puede ser traducida, sin costo para usted. FOR MORE INFORMATION C O N S E R V A T I O N E D U C A T I O N F I N A N C I A L A S S I S T A N C E E F F I C I E N C Y I N S T A L L A T I O N S C I T Y O F F O R T C O L L I N S GOAL Affordable utilities for those who need it most C O U N T Y A N D S T A T E G O V E R N M E N T C O M M U N I T Y A C T I O N P A R T N E R S R E N E W A B L E E N E R G Y ATTACHMENT 2 1.2 Packet Pg. 10 Attachment: Utilities Afffordability Portfolio (5445 : SR 035 Solar Affordability)