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COUNCIL - COMPLETE AGENDA - 10/06/2015 - COMPLETE AGENDA
City 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 City Cable Channel 14 Ross Cunniff, District 5 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. Regular Meeting October 6, 2015 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring October 4-10, 2015, as Public Power Week. B. Proclamation Declaring October as Conflict Resolution Month. C. Proclamation Declaring October as Domestic Violence Awareness Month. D. Proclamation Declaring December as Riverside Technology, inc. 30th Anniversary Celebration. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the September 1 and September 15, 2015 Regular Council Meetings. The purpose of this item is to approve the minutes from the September 1 and September 15 Regular Council Meetings. City of Fort Collins Page 3 2. Items Relating to the Kechter Farm Second Filing Annexation and Zoning. A. Second Reading of Ordinance No. 099, 2015, Annexing Property Known as the Kechter Farm Second Filing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 100, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Second Filing Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on August 18, 2015, annex and zone 78.58 acres platted and approved in Larimer County as Kechter Farm Second Filing. There are three parcels all located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood (37.48 acres) on Parcels One and Two, and U-E, Urban Estate (41.1 acres) on Parcel Three. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this sub-area are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. This approval was received from Larimer County on September 1, 2015. 3. Second Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements. This Ordinance, unanimously adopted on First Reading on September 15, 2015, appropriates unanticipated federal grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail and Riverside Avenue. $148,250 in local matching funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation. 4. Second Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project. This Ordinance, unanimously adopted on First Reading on September 15, 2015, corrects a process issue with the language of previously adopted Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated existing sub-project Business Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within each Capital Project. This Ordinance corrects that oversight. 5. Items Relating to Marijuana Code Amendments. A. Second Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property. B. Second Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions of Pertinent Information. C. Second Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity and Sorority Houses. City of Fort Collins Page 4 D. Second Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities. These Ordinances, unanimously adopted on First Reading on September 15, 2015, amend various provisions of the City Code related to marijuana. The City of Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes, and over the course of this time, the State has enacted new legislation and staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments as this industry matures. 6. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations. A. Second Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New Part 21 Regulating Bicycles. B. Second Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions. These Ordinances, unanimously adopted on First Reading on September 15, 2015, reorganize the provisions regulating bicycles in the Fort Collins Traffic Code to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. 7. Second Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc Review of Additional Issues on Request. This Ordinance, unanimously adopted on First Reading on September 15, 2015, amends the City Code to allow City boards and commissions, upon request of the City Council or the City Manager, to participate in review and consideration of specified matters. This will allow participation at "Super Issue" meetings by board and commission members. 8. First Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. The purpose of this annual budget adjustment ordinance is to combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. 9. First Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. The purpose of this item is to appropriate $244,723 of prior year reserves from the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The opportunity has come up to purchase road right-of-way and utility easements, per the City’s Master Street Plan, for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. City of Fort Collins Page 5 10. First Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $1,300,000 of prior year reserves from the Building on Basics Fund and appropriate $200,000 of prior year reserves from the Street Oversizing Fund (total appropriation of $1,500,000) into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation will allow staff to finalize the design and construction of: safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. 11. First Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. The purpose of this item is to appropriate $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management (DHSEM). The project consists of Stormwater Flood Warning System (FWS) capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges (the Project). To meet federal guidelines for reimbursement, it is necessary to account for all project expenditures for the full amount of the grant award, or $142,900, of which 75% ($107,175) will be reimbursed by the US Office of Federal Emergency Management (FEMA), 12.5% ($17,862) by DHSEM, and 12.5% ($17,862) from previously appropriated local matching funds (the City of Fort Collins Utilities). 12. Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property to November 17, 2015. Staff requests postponement of First Reading of Ordinance No. 107, 2015, to November 17, 2015 to allow for further clarification on procedures and decision making processes (flow chart) to distinguish personal property from abandoned property. Staff presented this Ordinance for First Reading on September 1, 2015. At that time, Council voted to postpone First Reading to October 6 and requested that staff meet with local service providers to determine how the providers may assist in the collection of a redistribution of abandoned property. A meeting with the service providers has been scheduled for September 22, 2015. Based on this feedback, staff will continue to meet to refine this process. 13. First Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. The purpose of this item is to add an antenna array to an existing City-owned 90.6 foot light pole and lease 375 square feet of ground space to Verizon Wireless. This array would be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets would be installed adjacent to the current carriers’ equipment. This will be located at 137 South Bryan Avenue, which is the City Park north ball field. END CONSENT CONSENT CALENDAR FOLLOW-UP City of Fort Collins Page 6 This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 14. Resolution 2015-086 Adopting the 2015-2019 Affordable Housing Strategic Plan. (staff: Sue Beck-Ferkiss, Beth Sowder, Clay Frickey; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to adopt the 2015-2019 Affordable Housing Strategic Plan, which will guide the City's affordable housing policy and funding for the next five years. 15. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. (staff: Peggy Streeter, Mike Beckstead; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. 16. Resolution 2015-087 Appointing Two Councilmembers to Serve as Representatives at the Larimer County Solid Waste / Resource Recovery Forum. (staff: Honore Depew, Lucinda Smith, Susie Gordon; 3 minute staff presentation; 5 minute discussion) The purpose of this item is to appoint two City Councilmembers to represent the City of Fort Collins at the Solid Waste/Resource Recovery Forum, a regional forum on waste reduction and recycling, to be held on Wednesday, October 14, 2015. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS City of Fort Collins Page 7 OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. After the Regular Council Meeting, a Council work session will be held in the CIC PROCLAMATION WHEREAS, we the citizens of Fort Collins, Colorado, value local control of our community services and have chosen to operate a community-owned, locally controlled, not-for- profit electric utility; and WHEREAS, Fort Collins Utilities Light and Power is the second largest municipal electric utility in Colorado; and WHEREAS, Fort Collins Utilities and Platte River Power Authority provide our homes, businesses and schools with safe, reliable, environmentally responsible and low-cost electricity; and WHEREAS, Fort Collins Utilities and Platte River Power Authority are valuable community partners that contribute substantially to the well-being of local citizens through energy efficiency, customer service, environmental protection, economic development and safety awareness. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of October 4-10, 2015, as PUBLIC POWER WEEK in Fort Collins to honor Fort Collins Utilities and Platte River Power Authority’s consumer- owners, policy makers, and employees who work together to provide the best possible electric service to our community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, the month of October is celebrated across the State of Colorado as Conflict Resolution Month, and October 15, 2015, will be celebrated both nationally and internationally as the 11 th annual Conflict Resolution Day; and WHEREAS, the City of Fort Collins, in conjunction with other local entities, is recognizing this celebration; and WHEREAS, conflict resolution encompasses mediation, restorative practices, facilitation, collaborative decision-making, and other responses to differences, and WHEREAS, conflict resolution processes empower individuals, families, communities, neighborhoods, organizations, schools, and businesses to foster communication and devise solutions that are acceptable to the needs and interests of all parties involved; and WHEREAS, the City of Fort Collins provides conflict resolution services to the community through the Community Mediation Program and Restorative Justice Services; and WHEREAS, community-based programs fairly and equitably resolve neighborhood and community conflicts, thereby repairing, creating, and strengthening relationships; and WHEREAS, I, along with the entire City Council, encourage Fort Collins residents to seek peaceful and collaborative resolutions to conflicts and hence contribute to creating an exceptional, world-class community. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim October 2015 as CONFLICT RESOLUTION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, across our state and our nation, one in four women and one in 14 men suffer at the hands of someone who is supposed to love them and more than 15 million children are exposed to domestic violence each year; and WHEREAS, according to the National Coalition Against Domestic Violence, almost half of all murders in Colorado are committed by an intimate partner; and WHEREAS, in Fort Collins, Crossroads Safehouse provides safety, support and hope to survivors and their children. In 2014 Crossroads Safehouse provided emergency shelter to 525 men, women and children and responded to more than 10,000 crisis calls from individuals and families in need; and WHEREAS, during National Domestic Violence Awareness Month, we renew our commitment to prevent domestic violence, hold perpetrators accountable for their actions, support survivors and bring hope and healing to those affected by it; and WHEREAS, Crossroads Safehouse and other local nonprofit agencies and their volunteers offer critical assistance and support to victims in need—help that might otherwise not be available. Victims and their children receive potentially lifesaving crisis intervention and shelter, food, clothing, advocacy and counseling, longer-term housing options, and legal resources, as well as referral and other supportive services to rebuild their lives free from violence and abuse. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of October as DOMESTIC VIOLENCE AWARENESS MONTH in the city of Fort Collins and ask the citizens of this community to help raise awareness about how to prevent, recognize, and stop domestic violence. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, Riverside Technology, inc. was founded in Fort Collins in 1985 and is a leading international science, engineering, and IT consulting company that leverages environmental intelligence for government and industry benefit; and WHEREAS, Riverside collects, analyzes, manages, and disseminates environmental information that improves the management of environmental interactions for issues surrounding water and land resources; environmental impacts and habitats; data acquisition, analysis, and management; and decision support, making the world more safe, secure, and sustainable; and WHEREAS, Riverside has successfully completed more than 1,200 projects worldwide, including work for the City of Fort Collins, National Oceanic and Atmospheric Administration, National Weather Service, US Army Corps of Engineers, Tennessee Valley Authority, Colorado Water Conservation Board, Northern Colorado Water Conservancy District, Nile Basin Initiative, World Bank, and US Agency for International Development, among many others; and WHEREAS, Riverside helped the City of Fort Collins apply for a grant from the Federal Emergency Management Agency in 1997 to support the development of a flood warning system. Once the City received the grant, Riverside developed a Hydromet Network for Fort Collins from 1997 to 1999 and a Flood Warning System 1998; and WHEREAS, Riverside has proven its commitment to upholding the Colorado spirit by preserving the land, water, and air critical to protecting our Western heritage and ensuring Colorado’s high quality of life; and WHEREAS, Riverside Technology, inc. celebrated its 30 th anniversary in 2015. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare December 2015 as the RIVERSIDE TECHNOLOGY, INC. 30TH ANNIVERSARY CELEBRATION IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the September 1 and September 15, 2015 Regular Council Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the September 1 and September 15 Regular Council Meetings. ATTACHMENTS 1. September 1, 2015 (PDF) 2. September 15, 2015 (PDF) 1 Packet Pg. 12 City of Fort Collins Page 208 September 1, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Winkelmann AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 9, Postponement of Items Relating to the Kechter Farm Second Annexation and Zoning to October 6, 2015 and noted Item No. 20, First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning, is a public hearing which will take place during consideration of the Consent Agenda. CITIZEN PARTICIPATION Jack Daniels thanked the City for the flowers in the downtown area and complimented Council and staff on making Fort Collins a beautiful place to live. Eric Sutherland discussed a state law which would require a home rule city to go through a courtesy development review process, known as a location and extents review, prior to acquiring land for the construction of any facilities or utilities in unincorporated Larimer County. He believed Boxelder Stormwater Authority is in violation of that state law. Cheryl Distaso, Fort Collins Community Action Network, thanked Council for its work session discussion regarding homeless citizens and encouraged additional discussion regarding the street outreach program. John Anderson stated language regarding sustainability still does not address the conditions that keep people from meeting their needs. Nancy York expressed concern regarding the City’s treatment of homeless citizens while still fueling and funding growth. She encouraged Council to make accommodations for all citizens. Edward Kendall, ASCSU Director of Community Affairs, supported the sense of place created for students in Fort Collins; however, he expressed concern regarding nuisance policies and occupancy ordinances. Mike Pruznick discussed a response he received from Councilmembers regarding moving an item from the Consent Agenda to the Discussion Agenda. Sabrina Steele, Alliance for Suicide Prevention, thanked Council for making the Suicide Awareness Month proclamation. 1.1 Packet Pg. 13 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 209 Aaron Hoaglund opposed Council’s inaction on the local public indecency ordinance, stating the current ordinance is discriminatory. Brittany Hoaglund opposed the local public indecency ordinance stating it is discriminatory. William Montgomery summarized a complaint he sent to Council on June 25 regarding being evicted from a home that had violated the City’s occupancy ordinance. Samantha Six opposed the local public indecency ordinance stating it is discriminatory. CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tem Horak stated the three-unrelated and nuisance ordinances have made tremendous improvements in many parts of town. He met with Ms. Hoaglund to discuss her concerns. Councilmember Campana noted he has worked with Ms. Hoaglund regarding her concerns. City Attorney Daggett stated staff could have some options before Council regarding the public indecency ordinance in October. Councilmember Cunniff agreed with Mayor Pro Tem Horak’s comments regarding the three- unrelated and nuisance ordinances. He would be willing to meet with Ms. Hoaglund. He thanked the Alliance for Suicide Prevention for its efforts in the community. CONSENT CALENDAR Mayor Troxell opened the public hearing on Item No. 20, First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. Councilmember Martinez withdrew Item No. 18, First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters, from the Consent Agenda. Councilmember Overbeck withdrew Item No. 15, First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned, or Other Unclaimed Property, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and approve all items not withdrawn from the Consent Agenda. Mayor Troxell closed the public hearing on Item No. 20, First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. 1.1 Packet Pg. 14 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 210 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 090, 2015, Amending Chapter 23 of the Code of the City of Fort Collins with Regards to Facility and Property Naming Policies. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015 amends City Code regarding the policy for naming City-owned facilities. The amendments clarify opportunities for public input and the process for selecting facility names. Staff recommendations include adding a preference for using natural feature names for City natural areas, removing the City Council ad hoc naming committee and the ability to name facilities for living people other than donors. In place of a City Council committee, staff recommends that the department responsible for managing the property or facility to be named conduct a public input process and that each site receive a historical review to help solicit possible names. 2. Second Reading of Ordinance No. 091, 2015, Appropriating Unanticipated Grant Revenue into the Recreation Fund for the Aging Mastery Program at the Fort Collins Senior Center. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant funds in the amount of $7,500 received from the National Council on Aging to support a yearlong Aging Mastery Program at the Fort Collins Senior Center. The Aging Mastery Program has been designed by the National Council on Aging and empowers older adults to make and maintain small but impactful changes in their behaviors. The Program consists of two components, the Aging Mastery Academy and AMP Clubs, both of which will be planned and programmed at the Fort Collins Senior Center. 3. Second Reading of Ordinance No. 092, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and the Fort Collins Convention and Visitors Bureau. (Adopted) Ordinance No. 092, 2015, unanimously adopted on First Reading on August 18, 2015, appropriates $392,184 of which $123,448 is for 2015 Cultural Development and Programming Activities (Fort Fund), $38,007 is for 2015 Tourism Programming (Fort Fund), and $230,729 is for 2015 Fort Collins Convention and Visitors Bureau (CVB) activities from Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging Taxes for 2014 were estimated at $975,000 and actual Lodging Tax revenues collected equaled $1,304,612. 4. Second Reading of Ordinance No. 094, 2015 Appropriating Unanticipated Grant Revenue in the General Fund and Appropriating Funds From the Community Development and Neighborhood Services Operating Budget for the Restorative Justice Program. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services. A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. 1.1 Packet Pg. 15 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 211 5. Second Reading of Ordinance No. 095, 2015, Appropriating Grant Revenue into the Light and Power Fund for the Integrated Utility Services (IUS) Project. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates $125,000 in grant revenues from the American Public Power Association into Fort Collins Utilities Light and Power Operations fund to pilot an enhanced delivery structure for energy efficiency and renewable energy projects. The project will be implemented through the Efficiency Works Home program in collaboration with Platte River Power Authority. Matching funds will come from existing appropriations in Resource Conservation and incorporate an additional $25,000 from Platte River. 6. Second Reading of Ordinance No. 096, 2015 Amending to Ordinance No. 090, 2010 Relating to the City of Fort Collins Downtown Development Authority Taxable Tax Increment Revenue Bonds, Series 2010A, and Tax-Exempt Tax Increment Revenue Bonds, Series 2010B, to Reduce the Respective Interest Rates on Such Bonds. (Adopted) Ordinance No. 096, 2015, unanimously adopted on First Reading on August 18, 2015, amends the Downtown Development Authority’s (DDA) 2010 bond series, reducing the spread on the rate adjustment date. The DDA’s 2010 bond series is set for a rate adjustment at the 5-year mark in 2015. Great Western Bank, the bond series purchaser, has offered a rate reduction resulting in an estimated savings of $143,000 in interest expense over the remaining 5-year life of the bonds. This adjustment would be executed through an amendatory ordinance encompassing each bond, Series 2010A (Taxable Tax Increment Revenue Bonds) and Series 2010B (Tax-Exempt Tax Increment Revenue Bonds). Currently these bonds are to reset at 4.5% over the 5 year U.S. Treasuries, the amendments would reduce the spread on the two series to 3.5% over the 5 year U.S. Treasuries on Series 2010A and 4.25% on Series 2010B. 7. Second Reading of Ordinance No. 097, 2015, Amending Provisions in Articles III and IV of City Code Chapter 25 Concerning the Exemption of Charitable Organizations from the City's Sales and Use Tax and Lodging Tax. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, amends the definition of “charitable organization” as used in the City Code’s sales and use tax and lodging tax provisions in order to mitigate the impact of current Colorado case law on a substantial number of the City’s current tax exempt charitable organizations. 8. Second Reading of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, revises the current Smoking in Public Places Ordinance to include exemptions for retail tobacco establishments within the Downtown Smoke-Free Zone and for City facility users who smoke on City premises in a fully enclosed, privately-owned vehicle. The Ordinance also provides clarification on the City-owned or maintained sidewalks that are intended to be covered by the provisions in the current Ordinance. 9. Postponement of Items Relating to the Kechter Farm Second Annexation and Zoning to October 6, 2015. (Adopted) Staff requests postponement of Second Reading of the Kechter Farm Second Annexation and Zoning Ordinances (Ordinance Nos. 099 and 100, 2015) to October 6, 2015 to allow time for Larimer County to complete the entitlement process for Second Filing. The Larimer County Planning Department has indicated that the Board of County Commissioners will not have taken final action in time for the City Council to adopt the annexation and zoning on Second Reading on September 1, 2015. Under the Intergovernmental Agreement with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. The postponement to October 6, 2015 will allow time for Larimer County to complete its review process. 1.1 Packet Pg. 16 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 212 10. Second Reading of Ordinance No. 101, 2015, Amending Ordinance No. 081, 2003, to Rename the Wiggins House and Garage at 1009 West Mountain Avenue, Fort Collins, Colorado, as the Wiggins/Taylor Property Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) Ordinance No. 101, 2015, unanimously adopted on First Reading on August 18, 2015, renames the Landmark property at 1009 West Mountain Avenue, currently known as the Wiggins House and Garage, to the Wiggins/Taylor Property, in recognition of long-time owner Patricia Taylor. 11. Second Reading of Ordinance No. 102, 2015, Designating the Schlichter/Akin/Smith Property, 1312 South College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, designates the Schlichter/Akin/Smith Property at 1312 South College Avenue as a Fort Collins landmark. The owner of the property, MaOlPh LLC, is initiating this request. 12. Items Relating to Traffic Code Amendments Regarding Accommodation of Low-speed Electric Vehicles and Parking Regulations. (Adopted) A. Second Reading of Ordinance No. 103, 2015, Amending Section 1410.1 of the Fort Collins Traffic Code Allowing Low-Speed Electric Vehicles. B. Second Reading of Ordinance No. 104, 2015, Amending Section 1205 and 1205.5 of the Fort Collins Traffic Code Amending Parking Restrictions. These Ordinances, unanimously adopted on First Reading on August 18, 2015, amend two sections of the Fort Collins Traffic Code. The amendment to Section 1410.1 will permit low speed electric vehicles on certain City streets. Section 1205 is proposed to be amended to permit parking configurations that will accommodate the potential for parking-protected bike lanes and back-in angle parking. 13. First Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. (Adopted) The purpose of this item is to return the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2014 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $7,271 in 2014 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. 14. First Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Completing the Construction of a Public Television Studio for Fort Collins Public Access Network. (Adopted) The purpose of this item is to appropriate funds from PEG reserves to be spent on additional improvements for FC-PAN’s television studio in the City’s Carnegie Building. 1.1 Packet Pg. 17 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 213 15. First Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort Collins Pertaining to City Service Areas. (Adopted) The purpose of this item is to update Service Area definitions in City Code to reflect structural adjustments needed to clarify organization roles, and enhance efficiency and effectiveness of the City organization. 16. First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9, 2016. (Adopted) The purpose of this item is to consider a 6 month extension to the Planned Development Overlay District (PDOD) Pilot Process as the current pilot will expire on September 9, 2015. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six months. 17. Items Relating to the Acquisition of Property at 4200 County Road 30. (Adopted) A. Resolution 2015-080 Authorizing the Execution of an Intergovernmental Agreement with the City of Loveland to Acquire and Cooperate Regarding a Parcel of Land and Water Rights at 4200 County Road 30 Within the Fort Collins – Loveland Community Separator. B. First Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30. The purpose of this item is to seek Council approval of an Intergovernmental Agreement with Loveland outlining the parties’ rights and obligations with respect to a proposed 113-acre acquisition in the Fort Collins-Loveland Community Separator and approval of the conveyance of a Right of First Offer and Right of First Refusal on the same parcel to Loveland. The City of Loveland’s Water & Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water historically associated with the land. In addition, Loveland’s Parks and Recreation Department will contribute funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will contribute $1.5M towards the purchase price of $3M. 18. First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. (Adopted) The purpose of this item is to rezone 22.8 acres located at 1830 Laporte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-L), in accordance with the Comprehensive Plan (City Plan). 19. Resolution 2015-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Administrative Hearing Officer Marcus McAskin Decision Approving the River Modern Project Development Plan. (Adopted) On July 20, 2015, Max D. Oesterle et al. filed a Notice of Appeal on grounds that the Decision Maker failed to properly interpret and apply certain provisions of the Land Use Code. On August 18, 2015, City Council voted 7-0 on the motion that the Hearing Officer did not fail to properly interpret and apply certain provisions of the Land Use Code, specifically Sections 3.4.1(E)(2), 3.5.1(B), (C), (D), and (E), and added conditions to the project’s approval. CONSENT CALENDAR FOLLOW-UP 1.1 Packet Pg. 18 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 214 Councilmember Cunniff requested clarification regarding the timeline and larger public purpose for Item No. 17, First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9, 2016. City Manager Atteberry replied he would supply that information prior to Second Reading. COUNCILMEMBER REPORTS Councilmember Campana reported on the “It’s On Us” Fort Collins campaign launch. Additionally, he stated he was invited to participate in an event at the White House for the “Let’s Move” campaign. Councilmember Stephens thanked Councilmember Campana for his work regarding the “It’s On Us” campaign. Additionally, she congratulated the Poudre Fire Authority for being accredited by the Commission on Fire Accreditation International. Councilmember Overbeck thanked Fort Collins for approving the placement of lights at the City’s skate park near the Atzlan Center. CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 20. First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned, or Other Unclaimed Property. (Postponed to October 6, 2015) The purpose of this item is to significantly reduce the volume of abandoned and unclaimed items left and abandoned on City property. Section 23-130 of City Code sets forth a process by which lost, abandoned, or other unclaimed property coming into the City’s possession may be sold, kept, or destroyed by the City. Current City Code requires the City to store this property for not less than thirty (30) days and then publish notice to afford the owner the opportunity to reclaim the property. City staff is finding an increasing volume of abandoned and unclaimed items in deteriorated condition within City natural areas, parks, trails, road underpasses and other public places. In addition to the unsafe condition this property presents to the public in situ, it is also creating handling concerns and storage challenges to those involved. This Ordinance amending Section 23 -130 sets forth a process by which abandoned items of no utility or value may be promptly removed and destroyed following a 24-hour notification. Finally, this amendment also adds a 30 day appeals provision to contest the disposal of personal property. Based on recent experience, staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or property with real or marketable value. Councilmember Overbeck stated he pulled the item due to concerns regarding the 24-hour time notification period. Rick Bachand, Natural Areas Environmental Program Manager, stated that current City regulations require lost, abandoned, or unclaimed property which has been found by City officials to be inventoried and logged into the police services evidence system and held for a period of 30 days followed by a 10-day notification period. Staff believes unclaimed property in City parks and natural areas can present a public health and safety issue. The purpose of this item is to define lost, unclaimed, and abandoned property and to set forth a process for handling the material and a process for notifying the proper owners. Bachand discussed the public process with stakeholders and stated many concerns centered around the 24-hour notification period. Staff is concerned about lengthening that time period. 1.1 Packet Pg. 19 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 215 Sandy Lemburg asked if notice is placed on found items indicating where the items can be reclaimed and supported increasing the notification period to 48 hours. Lynn Thompson, Fort Collins Homeless Coalition, supported increasing the notification period to 48 or 72 hours. She noted officers are charged to dispose of property as they see fit and argued property owners are the best people to make a determination of the value of a given piece of property. Mike Pruznick expressed concern regarding property being referenced as “items.” Cheryl Distaso, Fort Collins Community Action Network, thanked Mr. Bachand for his assistance and supported increasing the notification period to 72 hours. Lynn Barker stated the photos shown are not representative of the typical homeless campground. John Anderson questioned how this item is working toward the elimination of the conditions which are keeping people from meeting their needs. Councilmember Overbeck asked about the possible staff concerns with increasing the notification period. Bachand replied the concern is with effective use of resources and timing. The material referenced is soiled or has been exposed to the elements. Councilmember Campana supported some type of a compromise regarding increasing the notification period for personal property to 72 hours. Bachand reiterated this ordinance does not reference personal property; it addresses lost, abandoned, unclaimed property which is often destroyed or soiled. J.R. Schnelzer, Director of Parks, noted dangerous items have been found in the city's parks and noted the collection of some of these items is actually protecting the items themselves. Councilmember Martinez asked how the value or utility of items is determined. Robin Cochran, City Attorney's Office, detailed the three categories of property defined in the proposed ordinance: first, property that seems to have some value such as sleeping bags, tents and cooking utensils, second, items such as tarps, soiled and broken tents, or deteriorated items which appear to have no utility, and third, items that are considered trash. Cochran stated property in the first category which is not collected after 24 hours will be held for at least 30 days and items determined to have little or no value due to their condition will be destroyed after the 24 hour notification period. Additionally, Cochran noted individuals may file a protest regarding items which have been destroyed and the City may find it appropriate to reimburse those individuals. Councilmember Stephens expressed concern about needles and other truly unsafe items. Schnelzer replied needle disposal units are in place with all Park Rangers and stated needles and alcohol are immediately removed. Bachand stated Natural Areas staff also remove unsafe items as soon as possible. Councilmember Stephens asked if notice can be given regarding the change in policy. Bachand replied staff would post notices at providers and trailheads. 1.1 Packet Pg. 20 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 216 Councilmember Martinez expressed concern regarding the need for Police Services to deal with the logging and storage of personal property items. Jerry Schiager, Police Services, replied there is currently no other system in place; however, there have been discussions regarding one of the non-profit partners providing that service. Bachand noted this amendment would reduce the volume of material needing to be stored. City Manager Atteberry stated staff will research the option of utilizing a non-profit for logging and storage of personal items; however, he noted the volume of materials remains a concern. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 107, 2015, on First Reading. Mayor Troxell commented on the reasons this Ordinance is practical and expressed support for the Ordinance as written. Councilmember Campana stated this Ordinance does not solve the problem and has overcomplicated the situation. Councilmember Martinez expressed concern with the 24-hour notification period and stated the burden on Police Services needs to be addressed given the fact this is a communitywide issue. City Manager Atteberry stated he will work with Chief Hutto to pursue a partnership with a willing non-profit. Councilmember Stephens stated she would support a 48-hour notification period and will not support the Ordinance as written. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to postpone consideration of Ordinance No. 107, 2015 to October 6, 2015. Mayor Pro Tem Horak stated due process needs to be clearly addressed with respect to the involvement of a non-profit. Councilmember Cunniff clarified he would like to see details around the time period, clarity in the form of a flow chart regarding where property is distributed, and would like to have some time allotted at a work session to further discuss the issue prior to the October meeting. Councilmember Overbeck requested information regarding the monetary cost of the clean-up of these items. Councilmember Martinez expressed concern regarding the 24-hour notification period and emphasized this is a community problem. 1.1 Packet Pg. 21 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 217 RESULT: FIRST READING OF ORDINANCE NO. 107, 2015, POSTPONED TO OCTOBER 6, 2015 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 21. First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters. (Adopted on First Reading) The purpose of this item is to add two new uses, Seasonal Overflow Shelters and Homeless Shelters, amend Article Four to add these new uses to various appropriate zone districts and amend Article Three to add supplemental regulations and review criteria for Seasonal Overflow Shelters only. Councilmember Martinez stated he pulled this item in order to brief the public regarding the purpose of this item and to address concerns of citizens regarding the repercussions of overflow into neighborhoods. Sue Beck-Ferkiss, Social Sustainability Specialist, replied this Land Use Code change would allow for a procedure to activate overflow shelters in existing structures. This change paves the way to allow consideration of locations that wish to operate an overflow shelter. Additionally, a public neighborhood meeting would be required prior to the activation of any location. Cheryl Distaso, Fort Collins Community Action Network, thanked staff for work and outreach regarding this issue and supported the Ordinance. Lynn Thompson, Fort Collins Homeless Coalition, thanked staff for work and outreach regarding this issue and supported the Ordinance. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 110, 2015, on First Reading. RESULT: ORDINANCE NO. 110, 2015 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak DISCUSSION ITEMS 22. Resolution 2015-082 Directing the City Manager to Submit to the U.S. Army Corps of Engineers the City's Comments on the Supplemental Draft Environmental Impact Statement for the Northern Integrated Supply Project (Adopted as Amended) The purpose of this item is to review, and to consider endorsement by resolution, comments directed to the United States Army Corps of Engineers (Corps) regarding the Supplemental Draft Environmental Impact Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Please note that this Agenda Item Summary and the attached comments to the Corps are intended to protect the interests of the City by identifying the City’s concerns with NISP and the SDEIS. The comments are further intended to create a record that establishes a firm foundation for the City’s participation in future administrative, legal, and informal processes associated with NISP in order to address direct impacts in Fort Collins and to the City. 1.1 Packet Pg. 22 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 218 As noted for Council’s July 28 Work Session, staff believes certain areas of the SDEIS represent a significant improvement over the 2008 Draft Environmental Impact Statement (DEIS). The Common Technical Platform (CTP) required by the Corps for the hydrological modeling underlying the SDEIS has provided valuable baseline information to its analysts and reviewers. Furthermore, the CTP is being used in the City’s EIS process for the Halligan Water Supply Project. Based on the CTP, the impacts analysis of the SDEIS has been strengthened in certain key areas. In addition, the SDEIS includes a conceptual mitigation plan put forward by Northern Colorado Water Conservancy District (Northern) that provides an overview of how Northern has initially proposed to deal with some of the unavoidable impacts of NISP. The City welcomes Northern beginning the conversations around mitigation. Notwithstanding these valuable improvements and potential benefits, as summarized below, staff continues to have numerous significant and fundamental concerns with respect to NISP’s impacts to the City and the failure of the SDEIS to adequately or accurately describe all of the impacts. The concerns include: The absence of a critical water quality and stream temperature report that quantifies the water quality impacts. Many of the potential impacts to Fort Collins hinge on the report’s findings. The inclusion of a no-action alternative that is not bona fide; this improperly skews the entire analysis in favor of the preferred alternative. The potential for water quality degradation that could affect source water and wastewater treatment facilities. Flawed analyses and conclusions related to the project’s reduction of peak flows which are likely to harm the environment and potentially increase flood risk. In general, flawed analyses and conclusions regarding long-term degradation of habitat. A failure to analyze an alternative that would avoid most negative impacts to Fort Collins. A conceptual mitigation plan that is premature and inadequate because the impacts of the project have not yet been correctly described. A conceptual mitigation plan that includes an augmentation flow that, as currently described, is not likely to be allowed under Colorado water law and administration. Significant negative impacts to the recreation values of the River. Where possible, the City’s comments include suggestions for how to improve the analysis or resolve the City’s concerns. Please note that the comments provided on NISP to the Corps could lead to potentially significant delays and increased costs to the City’s Halligan Water Supply Project, since changes to the analysis of NISP as a result of these and other comments will likely be required for both projects. John Stokes, Natural Areas Director, noted the agency in charge of most of the review process for the Northern Integrated Supply Project (NISP) is the Army Corps of Engineers; therefore, the majority of the comments are directed primarily to the Army Corps. Staff had hoped the supplemental draft environmental impact statement (SDEIS) for the project would satisfy their concerns; however, there are certain key areas in which the SDEIS is off the mark. The Resolution under consideration supports additional water supply for the project participants, expresses continued concerns regarding the potential harm to Fort Collins, the inadequacies of the SDEIS and the conceptual mitigation plan, and expresses an inability to support the project at this time based on the City’s concerns. The Army Corps is the ultimate decision maker regarding whether this project is permitted and a final EIS, a record of decision, State water quality certification and State wildlife mitigation plan will be completed, moving forward. Staff is recommending conditional opposition in order to protect the City's interests. It is impossible to understand the full impacts of the project until some of the analyses are improved. Stokes detalied staff's conclusions and ways in which the City's assessment differs from that of the Army Corps. 1.1 Packet Pg. 23 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 219 (Secretary's note: The Council took a brief recess at this point in the meeting.) Sandy Lemburg opposed the NISP project stating its supporters are encouraging uncontrolled growth. Mike Pruznick discussed the ways in which the NISP project does not meet the Army Corps requirements. Sean Conway, Weld County Commissioner, encouraged Council to examine the project from a regional perspective. Liz Pruzner supported the staff recommendation to oppose the project citing concerns with the SDEIS. Alan Apt stated this is not a 21st century plan and supported the staff recommendation. Joe Piesman supported the staff recommendation. Leroy Poff acknowledged the fact Northern Colorado needs water; however, he supported the staff recommendation. Tim Johnson supported the Resolution and staff recommendation. Brandt Irion opposed the NISP project. Christopher Smith, Left Hand Water District, supported the NISP project as being able to provide a safe, reliable water source. Zo Steeber, Fort Lupton City Council, supported the NISP project. Greg Schmer supported the Resolution and staff recommendation and opposed the NISP project. Rose Lew, Fort Collins Sustainability Group, stated the Army Corps needs to address climate- related impacts of the NISP project. Richard Livingston supported the staff recommendation. Phillip Friedman opposed the NISP project. Harry Rose commended staff on their thorough, well-drafted analysis of the SDEIS and supported the staff recommendation. Charles Kop opposed the NISP project. Carole Hossan supported the staff recommendation but encouraged Council to fully oppose the NISP project. Jason Hall expressed concern peak flows cannot be guaranteed and supported the staff recommendation. Cordelia Stone supported the staff recommendation and opposed the NISP project. 1.1 Packet Pg. 24 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 220 Laura Pritchett supported the staff recommendation and opposed the NISP project. Elizabeth Hudetz opposed the NISP project and supported the staff recommendation. Diane Marschke opposed the NISP project. Gary Wockner, Save the Poudre, stated the SDEIS ignored many comments and should be redone in order to comply with federal law. Don van Zyl opposed the NISP project. Karen Balogs supported the staff recommendation and Resolution. Roger Favorg opposed the NISP project. Mike DiTullio, Fort Collins Loveland Water District, discussed legal rights to water stating the Poudre River is in its current state because of the City of Fort Collins' use of the river's water. He supported the NISP project and opposed the Resolution. Joe Kissell supported the staff recommendation and opposed the NISP project. Scott Mason stated Council's first responsibility it to protect the Poudre for Fort Collins and protect tax payers' investment in the river. Gina Janett supported the staff recommendation and Resolution. Councilmember Campana stated the number one objective is protection of Fort Collins; however, he stated the project could potentially be done while still meeting that objective. He asked what impact a redesign of the proposed reservoir would have on the river flows through the city. Stokes stated the primary benefit to Fort Collins would involve the water running through town rather than diverting most of the water at the Poudre Canal. Councilmember Campana asked what effect that change would have on the ability of the Fort Collins Loveland Water District to supply water to its service area. Adam Jokerst, Water Resources Engineer, replied the modified alternative would operate similarly to other alternatives and would have the same distribution network from Cactus Hill Reservoir to the various entities using water through the NISP project. Councilmember Campana asked if staff could conditionally support the project using this modified alternative. Jokerst replied the modified alternative provides a way for the NISP participants to develop the water they need while allowing more water to be left in the Poudre River through town. Stokes replied it would be too early, from his perspective, to provide conditional support even utilizing the modified alternative; at best, a Resolution expressing neutrality should be considered because staff would want the Army Corps to do the analysis of that alternative. Mayor Troxell asked if any other comment periods will occur prior to the issuance of the final EIS. Stokes replied there is typically a public comment period when the final EIS is published. 1.1 Packet Pg. 25 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 221 Mayor Troxell requested additional information regarding instream flows. Eric Potyondy, Assistant City Attorney, replied the essence of the City's comment regarding instream flows is that the water rights that are described in the SDEIS to be used in this program are not clearly decreed in such a way that they can be used as described in the SDEIS. Staff is generally in support of the instream flow concept; however, as described in the SDEIS, there are several fundamental issues which leave the instream flow program potentially susceptible to legal challenges. These issues could potentially be addressed by modifying the program. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2015-082. Mayor Pro Tem Horak commended staff on its work, noting the directive to complete this Resolution came from Council. Additionally, he commended Northern and discussed Council’s fiduciary responsibility to represent all of Fort Collins and discussed the differences between the NISP project and the potential Halligan Reservoir project. Councilmember Cunniff stated the purpose of this Resolution is to clearly articulate Fort Collins' interests and to try to continue to steer the project in a better direction. Councilmember Overbeck thanked staff for work on the Resolution. Councilmember Stephens thanked staff and citizens who spoke and stated she would support the Resolution. Councilmember Martinez asked if staff had the opportunity to talk with the Army Corps regarding some of the concerns. Stokes replied there is a very specific process which must be followed and it does not include more informal types of conversations. Councilmember Campana suggested the inclusion of additional mention of the proposed modified solution. Mayor Troxell stated it is in the City's best interest to continue to be a player in discussions going forward. He commended the language of the Resolution and noted the importance of the City's relationship with Northern and the Fort Collins-Loveland Water District. Councilmember Campana made a motion for a friendly amendment, seconded by Councilmember Martinez, to add the language "such as Fort Collins proposed modified alternative number four" under Section 1. City Attorney Daggett recommended the addition of "as described in the City's comments." Mayor Pro Tem Horak and Councilmember Cunniff accepted the friendly amendment. City Attorney Daggett suggested the additional language: "if such variant addresses the City's fundamental concerns," which was accepted by Mayor Pro Tem Horak and Councilmember Cunniff as well as by Councilmembers Campana and Martinez. 1.1 Packet Pg. 26 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 222 RESULT: RESOLUTION 2015-082 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak (Secretary's note: The Council took a brief recess at this point in the meeting.) 23. Second Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in Eight Zone Districts. (Option A or Option B) (Adopted as Amended on Second R) The purpose of this item is to amend the Land Use Code to require City Council review of Addition of Permitted Use (APU) applications in eight residential zone districts. Second Reading of this Ordinance, unanimously adopted on First Reading on July 7, 2015, was postponed to this date and time to allow time to develop the revised final ordinance. Two APU process options are proposed for City Council consideration: Option A is a bifurcated process where the Planning and Zoning Board would make a decision on a development plan conditional upon Council approval of the APU application and then forward a recommendation to Council on the APU. Option B is a consolidated process where the Planning and Zoning Board would review a consolidated APU/development plan application and make a recommendation to the City Council. Cameron Gloss, Planning Manager, presented the two options developed by staff. Option A would involve Planning and Zoning Board review of development applications which, if approved, would be conditional upon Council approving the addition of a permitted use application. Option B would involve the Planning and Zoning Board making a recommendation on both the development and APU applications with Council making a final determination on both aspects. Gloss outlined the process for development applications which include APUs. Paul Patterson opposed bringing the APU applications before Council. Michelle Haefele stated neither of the proposed options addresses the fundamental problems with the APU process. She opposed the APU process as it exists and stated existing residents should have more power when it comes to opposing an APU. Mike Knowles stated the two options do not reflect the desires nor address the concerns of the citizens that began this reform. Councilmember Cunniff asked if the issues would be heard just like other zoning decisions of similar size with Option A. City Attorney Daggett replied in the affirmative, stating the APUs would be treated the same as rezonings. Councilmember Campana noted the Planning and Zoning Board voted for Option B and requested additional information. Gloss replied the Board believes the development plan and the use described in the APU are linked and should be consolidated under one evaluation. 1.1 Packet Pg. 27 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 223 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 080, 2015, Option A. City Attorney Daggett read her recommended language changes for the record. Councilmember Cunniff stated he has significant concerns regarding the APU process in residential zones but acknowledged this is a step in the right direction in providing for additional visibility and opportunity for citizen comment. Mayor Troxell stated he would support the motion and thanked citizens who originally brought the issue before Council. RESULT: ORDINANCE NO. 080, 2015, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak OTHER BUSINESS Mayor Pro Tem Horak requested that the City Attorney and City Manager bring back the public indecency ordinance for discussion. He received support from Council for that request. Councilmember Campana requested the City Manager discuss the possibility of creating an authority in the Growth Management Area that would work through water issues. Councilmember Cunniff stated he has historically been concerned with the water authority model; however, there may be a good governance model which protects the rights of the existing Fort Collins water utility rate payers, as well as the interests of the existing other water district rate payers. Mayor Pro Tem Horak discussed the importance of clarifying the objectives and desired outcomes for such an authority. Additionally, he suggested including discussions with the other entities in the scoping process. 1.1 Packet Pg. 28 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) September 1, 2015 City of Fort Collins Page 224 ADJOURNMENT The meeting adjourned at 10:30 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 29 Attachment: September 1, 2015 (3612 : Minutes-9/1, 9/15) City of Fort Collins Page 225 September 15, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak Staff Present: Atteberry, Daggett, Winkelmann AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended Item No. 9, First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees, be postponed to the October 6, 2015 regular meeting. CITIZEN PARTICIPATION Jack Daniels commended the flowers in the downtown area. William Montgomery opposed the City’s camping ban, the three-unrelated rule and expressed concern related to the availability of affordable housing in the city. Eric Sutherland discussed the Downtown Development Authority board packet relating to property taxes. David Montgomery discussed the separation between homeless residents and transients. Additionally, he reported on a 911 call he made to which there was no response and opposed the City’s camping ban. Kevin Cross, Fort Collins Sustainability Group, discussed mid-cycle budget offers recommended by the City Manager related to the Climate Action Plan and supported three additional offers. Julian (no last name given), People First and ARC of Larimer County, thanked Council for its support of Transfort funding and supported the mid-cycle budget request for ADA accessible bus stops. Marilee Boylan, ARC of Larimer County Executive Director, supported the mid-cycle budget request for ADA accessible bus stops. Thomas Edwards, Fort Collins Bicycle Coalition, stated he did a bicycle survey at Laurel and Remington and noted the Traffic Code was rarely followed. He expressed concern regarding the rough surface of Remington Street. 1.2 Packet Pg. 30 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 226 CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez requested further information regarding Mr. Montgomery’s report on his 911 call. City Manager Atteberry replied information will be forthcoming from Chief Hutto. Councilmember Cunniff asked if Item 13, Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations, will make it easier to enforce bicycle traffic laws. City Manager Atteberry replied in the affirmative. Councilmember Cunniff requested an update regarding the Remington greenway construction. City Manager Atteberry replied that information will be forthcoming. Mayor Troxell noted the work session following this meeting will address the City Manager’s recommendations for the mid-cycle budget offers. CONSENT CALENDAR Eric Sutherland withdrew Items 11, 12 and 15, First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project, Items Relating to Marijuana Code Amendments, and Resolution 2015-084 Submitting a Substantial Modification of the Midtown Urban Renewal Plan to the City's Planning and Zoning Board and to the Poudre School District from the Consent Agenda. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak 1. Consideration and Approval of the Minutes of the August 11, 2015 Special Council Meeting and the August 18, 2015 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the August 11, 2015 Special Council Meeting and the August 18, 2015 Regular Council meeting. 2. Second Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. (Adopted) This Ordinance, unanimously adopted on First Reading on September 1, 2015, refunds the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2014 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $7,271 in 2014 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council 1.2 Packet Pg. 31 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 227 determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. 3. Second Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Completing the Construction of a Public Television Studio for Fort Collins Public Access Network. (Adopted) This Ordinance, unanimously adopted on First Reading on September 1, 2015, appropriates funds in the amount of $49,535 from existing PEG reserves to be spent on additional improvements for FC- PAN’s television studio in the City’s Carnegie Building. 4. Second Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort Collins Pertaining to City Service Areas. (Adopted) This Ordinance, unanimously adopted on First Reading on September 1, 2015, updates Service Area definitions in City Code to reflect structural adjustments needed to clarify organization roles, and enhance efficiency and effectiveness of the City organization. 5. Second Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9, 2016. (Adopted) This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes a 6-month extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will expire on September 9, 2015. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six months to March 9, 2016. 6. Second Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters. (Adopted) Ordinance No. 110, 2015, unanimously adopted on First Reading on September 1, 2015, adds two new uses, Seasonal Overflow Shelters and Homeless Shelters. Article Four will be amended to add these new uses to various appropriate zone districts and Article Three will be amended to add supplemental regulations and review criteria for Seasonal Overflow Shelters only. 7. Second Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30. (Adopted) This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes the conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland on property located at 4200 County Road 30, in the Fort Collins-Loveland Community Separator. Loveland’s Water & Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water historically associated with the land. In addition, Loveland’s Parks and Recreation Department will contribute funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will contribute $1.5M towards the purchase price of $3M. 8. Second Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. (Adopted) This Ordinance, unanimously adopted on First Reading on September 1, 2015, rezones 22.8 acres located at 1830 LaPorte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-L), in accordance with the Comprehensive Plan (City Plan). 1.2 Packet Pg. 32 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 228 9. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. (Adopted) The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. 10. Items Relating to Pitkin Low Stress Corridor Intergovernmental Agreement. (Adopted) A. Resolution 2015-083 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation in Order for the City to Receive Federal Transportation Alternative Program Funds for the Pitkin Street Low Stress Bicycle Corridor Improvements. B. First Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements. The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) and to appropriate unanticipated federal grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail and Riverside Avenue. The proposed actions will enable initiation of the project. $148,250 in local matching funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation. 11. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations. (Adopted) A. First Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New Part 21 Regulating Bicycles. B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions. The purpose of this item is to reorganize the provisions regulating bicycles in the Fort Collins Traffic Code (the “FCTC”) to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety goals established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions regulating bicycles that are currently dispersed sporadically throughout various sections of the FCTC into a new Part 21 of the FCTC. Part 21 provides a common, easy to read reference both for bicycle riders and officers enforcing the bicycle laws. Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. 1.2 Packet Pg. 33 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 229 12. First Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc Review of Additional Issues on Request. (Adopted) The purpose of this item is to amend the City Code to allow City boards and commissions, upon request of the City Council or the City Manager, to participate in review and consideration of specified matters. This will allow participation at "Super Issue" meetings by board and commission members. 13. Resolution 2015-085 Making Appointments to the Youth Advisory Board. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Youth Advisory Boards due to term expirations and resignations of current members. CONSENT CALENDAR FOLLOW-UP Councilmember Stephens congratulated the applicants and appointees to the Youth Board and encouraged citizens to apply for board and commission positions. Councilmember Martinez commended the Youth Board applicants. COUNCILMEMBER REPORTS Councilmember Overbeck reported on Drive Electric Northern Colorado week and a workshop at CSU about electric vehicle charging stations. Mayor Troxell reported on his attendance at the Northern Colorado Homebuilders Association sponsored Parade of Homes kickoff, ComicCon at the Northside Atzlan Center, and the Oktoberfest at Anheuser Busch. Additionally, Mayor Troxell stated Fort Collins is hosting a Grand Forks, North Dakota community group over the next few days. Councilmember Martinez reported on the Norman Rockwell display at the Art Museum. DISCUSSION ITEMS NO DISCUSSION ITEMS ARE SCHEDULED. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 14. First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project. (Adopted on First Reading) The purpose of this item is to correct a process issue with the language of previously adopted Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated existing sub-project Business Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within each Capital Project. This Ordinance corrects that oversight. 1.2 Packet Pg. 34 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 230 Eric Sutherland stated the funds referenced as being appropriated have not in fact been appropriated. Councilmember Martinez asked if there is any merit to the issues raised by Mr. Sutherland. Jon Haukass, Utilities Services, replied appropriations into a capital project are non-lapsing, which is what is being discussed with this item. City Attorney Daggett replied there are no legal defects in the Ordinance as it is written. Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 115, 2015, on First Reading. RESULT: ORDINANCE NO. 115, 2015 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak 15. Items Relating to Marijuana Code Amendments. (Adopted on First Reading) A. First Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property. B. First Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions of Pertinent Information. C. First Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity and Sorority Houses. D. First Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities. The purpose of this item is to clean up various provisions of the City Code related to marijuana. The City of Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes, and over the course of this time, the State has enacted new legislation and staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments as this industry matures. Eric Sutherland alleged certain City ordinances related to marijuana are in violation of the State Constitution and expressed concern regarding a lack of education and treatment options. Councilmember Martinez asked if there are any constitutional issues with the Ordinances. City Attorney Daggett replied interpretation of the constitutional provision is not a simplistic process and includes room to interpret and apply the stated requirements. There are sound, constitutional defenses when examining the Ordinances in place and those proposed. Councilmember Cunniff requested analysis of the number of marijuana store fronts and whether there are similar limits on liquor store fronts. 1.2 Packet Pg. 35 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 231 Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 116, 2015, on First Reading. RESULT: ORDINANCE NO. 116, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District12 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 117, 2015, on First Reading. RESULT: ORDINANCE NO. 117, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District s SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 118, 2015, on First Reading. RESULT: ORDINANCE NO. 118, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 119, 2015, on First Reading. RESULT: ORDINANCE NO. 119, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak 16. Resolution 2015-084 Submitting a Substantial Modification of the Midtown Urban Renewal Plan to the City's Planning and Zoning Board and to the Poudre School District. (Adopted) The purpose of this item is for City Council to consider adopting a resolution submitting two modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”) to the Planning and Zoning Board (the “P&Z Board”) to review at a future meeting to determine whether these modifications are in conformity with City Plan. It also submits the modifications to the Poudre School District to review in an advisory capacity. This Resolution follows the action taken by the Urban Renewal Authority Board (the “URA Board”) at its September 8, 2015 meeting. One modification would remove the territory in the Midtown Plan area that is currently not in either of the Midtown Plan’s two approved tax increment financing district, Prospect South and Foothills Mall (other than the area preserved in 1.2 Packet Pg. 36 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) September 15, 2015 City of Fort Collins Page 232 the plan to connect the two tax increment financing districts). The other modification would amend wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal project. Adoption of the Resolution will continue the process of modifying the Midtown Plan, which will require future action by the Council. Eric Sutherland expressed concern regarding the use of the word “arguably” in reference to consultation of the School District. He stated the origins and legislative intent of the URA statutes have been ignored. Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2015-084. RESULT: RESOLUTION 2015-084 ADOPTED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak OTHER BUSINESS Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that the City Council call a Special Meeting of the Council pursuant to Section 2-29(a) of the City Code for 6:00 PM on Tuesday, September 29, 2015, to be held at City Hall, 300 Laporte Avenue, for the purpose of a possible Executive Session to discuss personnel matters related to collective bargaining and related legal matters. RESULT: ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff ABSENT: Campana, Horak ADJOURNMENT The meeting adjourned at 6:52 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 37 Attachment: September 15, 2015 (3612 : Minutes-9/1, 9/15) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Kechter Farm Second Filing Annexation and Zoning. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 099, 2015, Annexing Property Known as the Kechter Farm Second Filing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 100, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Second Filing Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on August 18, 2015, annex and zone 78.58 acres platted and approved in Larimer County as Kechter Farm Second Filing. There are three parcels all located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood (37.48 acres) on Parcels One and Two, and U-E, Urban Estate (41.1 acres) on Parcel Three. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this sub-area are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. This approval was received from Larimer County on September 1, 2015. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. Vicinity map (PDF) 2. First Reading Agenda Item Summary, August 18, 2015 (w/o attachments) (PDF) 3. Ordinance No. 099, 2015 (PDF) 4. Ordinance No. 100, 2015 (PDF) 2 Packet Pg. 38 Site - Kechter Farm Annexation (Phase Two) Parcel 1 Parcel 2 Parcel 3 GODDARD SCHOOL KINARD CORE KNOWLEDGE MIDDLE SCHOOL TRAUT CORE KNOWLEDGE FOSSIL RIDGE HIGH SCHOOL BACON ELEMENTARY REDEEMER EARLY CHILDHOOD CENTER ZACH ELEMENTARY PRESTON MIDDLE SCHOOL S Timberline Rd Ziegler Rd Kechter Rd E Trilby Rd E H armony Rd 1 inch = 2,000 feet Kechter Farm (Phase Two) Vicinity Map ATTACHMENT 1 Legend Major Street Names Annexation City Limits Growth Management Area 2.1 Packet Pg. 39 Attachment: Vicinity map (3613 : SR 099 100 Kechter Second Annexation) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY August 18, 2015 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Kechter Farm Second Filing Annexation and Zoning EXECUTIVE SUMMARY A. Resolution 2015-073 Setting Forth Findings of Fact and Determinations Regarding the Kechter Farm Second Filing Annexation. B. Hearing and First Reading of Ordinance No. 099, 2015, Annexing Property Known as the Kechter Farm Second Filing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 100, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Second Filing Annexation to the City of Fort Collins. The purpose of this item is to annex and zone 78.58 acres platted and approved in Larimer County as Kechter Farm Second Filing. The Initiating Resolution was adopted on July 7, 2015. There are three parcels all located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood (37.48 acres) on Parcels One and Two, and U-E, Urban Estate (41.1 acres) on Parcel Three. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this sub-area are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and two Ordinances on First Reading. BACKGROUND / DISCUSSION Kechter Farm First Filing was annexed in May 2014. The Second Filing represents the full build-out potential and is following the same procedures as the First Filing. The IGA between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted in August of 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted in June 2008) stipulate the following: “The County may accept development applications for land located within any area that is part of a “receiving area” established through an adopted sub-area plan for any Larimer County Transferable ATTACHMENT 2 2.2 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, August 18, 2015 (w/o attachments) (3613 : SR 099 100 Kechter Second Annexation) Agenda Item 16 Item # 16 Page 2 Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat.” (Section 5B). This procedure results in the City annexing a County-approved subdivision. Kechter Farm Second Annexation is following the same sequence and process that governed Kechter Farm First Annexation. During the County’s review process for the overall Kechter Farm Subdivision, City staff reviewed and commented on various aspects of the development. This process of County plan review, followed by City annexation was the same process used for Westchase PUD, Kechter Crossing Subdivision and Fossil Lake Subdivision. Larimer County Transfer of Density Units Kechter Farm is located within the Fossil Creek Reservoir Area Plan and contains 286 acres (Attachment 5). As part of the Fossil Creek Reservoir Area Plan, Larimer County adopted the Transfer of Density Units for the purpose of conserving environmentally sensitive lands (the sending area) and allowing a modified L-M-N level of density (the receiving area) within the plan area. The overall land plan for Kechter Farm has played a key role in implementing this program. Of the total 286 acres, the area nearest the reservoir was designated as the sending area for TDUs. The area north of the natural resource buffer was designated as the receiving area. In December 2012, the Board of County Commissioners approved the General Development Plan which permanently protected over 116 of the 286 acres (41%) making the conservation of this land the last major piece of the Fossil Creek Reservoir conservation effort called for in the Fossil Creek Reservoir Area Plan. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from common boundaries in the following manner: Kechter Farm First Annexation (zoned L-M-N and annexed in May 2014); Mail Creek Crossing Annexation (zoned L-M-N and annexed in January 2014); Kinard Junior High School Annexation (zoned L-M-N and annexed in March 2007); Westchase PUD (zoned L-M-N and U-E and annexed in December 2001). As a result, 67% of the total perimeter is contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The surrounding zoning and land uses are as follows: N: FA-1; Homestead Estates (County) S: P-O-L; Fossil Creek Reservoir Natural Area E: U-E; Fossil Creek Estates E: L-M-N; Fossil Creek Estates W: U-E; Westchase PUD (north of Trilby Road) W: L-M-N; Westchase PUD (south of Trilby Road) 2.2 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, August 18, 2015 (w/o attachments) (3613 : SR 099 100 Kechter Second Annexation) Agenda Item 16 Item # 16 Page 3 Kechter Farm General Development Plan First and Second Filings (286 acres) was approved in Larimer County in December 2012. Kechter Farm First Filing Preliminary Plat (88.21 acres) was approved in Larimer County in January 2014. Kechter Farm First Filing Final Plat was approved in Larimer County on May 6, 2014 Kechter Farm First Filing was annexed by the City on May 16, 2014. Kechter Farm Second Filing Final Plat is scheduled for consideration by Board of County Commissioners prior to Second Reading of these Ordinances, scheduled for September 1, 2015. The IGA requires that the City annex the parcel within 35 days of the final action of the Board of County Commisioners. City and County Planning staffs are coordinating the entitlement schedule in such a manner as to comply with the IGA. With City Council First and Second Readings scheduled for August 18 and September 1 respectively, the sequence and timing of the required by the IGA will be satisfied. Enclave Area Reduced Kechter Farm First Annexation created an enclave of approximately 180 acres located to the north and west. The annexation of Mail Creek Crossing (January 2014) reduced this enclave to approximately 147 acres. Kechter Farm Second Annexation neither enlarges nor decreases this enclave. These enclaves will become eligible for involuntary annexation in May 2017. Findings 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 3. The requested zoning, L-M-N Low Density Mixed-Use Neighborhood on Parcels One and Two, and U-E, Urban Estate on Parcel Three, is in conformance with the policies of the City's Comprehensive Plan, Structure Plan Map and the Fossil Creek Reservoir Area Plan (Attachment 2). 4. The request is in conformance with Section 2.9, Amendment to the Zoning Map, of the City of Fort Collins Land Use Code. 5. On July 7, 2015, the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date, time and place when a City Council public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 6. The Annexation and Zoning of Kechter Farm Second follows the approval of the final development plan as approved by Larimer County Board of County Commissioners in accordance with the Cooperative Planning Area per the Fossil Creek Reservoir Area Plan. This is the same sequence of entitlement that was followed for Kechter Farm First Annexation and allows Larimer County to implement its Transfer of Density Units program. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation and zoning. BOARD / COMMISSION RECOMMENDATION At its July 9, 2015 regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that Parcels One and Two be placed into the L-M-N, Low Density Mixed-Use Neighborhood District and that Parcel Three be placed into the U-E, Urban Estate District. 2.2 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, August 18, 2015 (w/o attachments) (3613 : SR 099 100 Kechter Second Annexation) Agenda Item 16 Item # 16 Page 4 Finally, the Board recommended that all three parcels be placed within the Residential Neighborhood Sign District. This unanimous action was taken as part of the Board’s consent agenda therefore, there are no minutes. PUBLIC OUTREACH As with Kechter Farm First Annexation, the Second Annexation was included in larger Kechter Farm General Development Plan for which there was significant public outreach including a neighborhood meeting and public hearings before the Larimer County Planning Commission and Board of County Commissioners. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan (PDF) 3. Zoning Map (PDF) 4. Enclave Area Map (PDF) 5. General Development Plan (PDF) 2.2 Packet Pg. 43 Attachment: First Reading Agenda Item Summary, August 18, 2015 (w/o attachments) (3613 : SR 099 100 Kechter Second Annexation) - 1 - ORDINANCE NO. 099, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2015-061, finding substantial compliance and initiating annexation proceedings for the Property (as described below), has heretofore been adopted by the City Council; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby incorporates the findings of Resolution 2015-073 and further finds that it is in the best interests of the City to annex the Property to the City. Section 2. That the following described property (the Property”), to wit: Parcel 1: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6TH P.M. SAID CORNER BEING THE NORTHWESTERLY CORNER OF SAID TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1, AS RECORDED UNDER RECEPTION NUMBER 20140024916 IN THE OFFICES OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ON THE NORTHERLY LINE OF TRACT S, ALSO BEING THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N89°39'17"E A DISTANCE OF 1445.97 FEET, TO A POINT ON THE WESTERLY LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE WESTERLY LINE OF SAID ANNEXATION, S00°17'17"W A DISTANCE OF 547.39 FEET, TO A POINT ON THE NORTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE NORTHERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING TWENTY-NINE (29) COURSES: 1. S89°39'17"W A DISTANCE OF 114.78 FEET; 2. N89°42'43"W A DISTANCE OF 62.00 FEET; 3. S00°17'17"W A DISTANCE OF 17.45 FEET; 2.3 Packet Pg. 44 Attachment: Ordinance No. 099, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 2 - 4. S44°58'17"W A DISTANCE OF 6.82 FEET; 5. S89°39'17"W A DISTANCE OF 202.56 FEET; 6. N45°01'43"W A DISTANCE OF 6.55 FEET; 7. N00°17'17"E A DISTANCE OF 1.28 FEET; 8. N89°42'43"W A DISTANCE OF 71.00 FEET; 9. S00°17'17"W A DISTANCE OF 1.93 FEET; 10. S44°58'17"W A DISTANCE OF 6.82 FEET; 11. S89°39'17"W A DISTANCE OF 202.56 FEET; 12. N45°01'43"W A DISTANCE OF 6.55 FEET; 13. N00°17'17"E A DISTANCE OF 1.17 FEET; 14. N89°42'43"W A DISTANCE OF 91.00 FEET; 15. S00°17'17"W A DISTANCE OF 2.04 FEET; 16. S44°58'17"W A DISTANCE OF 6.82 FEET; 17. S89°39'17"W A DISTANCE OF 202.56 FEET; 18. N45°01'43"W A DISTANCE OF 6.55 FEET; 19. N00°17'17"E A DISTANCE OF 1.28 FEET; 20. N89°42'43"W A DISTANCE OF 71.00 FEET; 21. S00°17'17"W A DISTANCE OF 1.90 FEET; 22. S44°54'01"W A DISTANCE OF 6.85 FEET; 23. N89°36'13"W A DISTANCE OF 202.42 FEET; 24. N44°29'40"W A DISTANCE OF 6.78 FEET; 25. N00°17'17"E A DISTANCE OF 1.83 FEET; 26. N89°42'43"W A DISTANCE OF 71.00 FEET; 27. S00°17'17"W A DISTANCE OF 1.18 FEET; 28. S45°30'20"W A DISTANCE OF 6.88 FEET; 29. N89°16'36"W A DISTANCE OF 116.49 FEET, TO A POINT ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ON SAID WEST LINE, N00°43'20"E A DISTANCE OF 562.71 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 816,849 SQUARE FEET OR 18.7523 ACRES. Parcel 2: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00°43’20”E A DISTANCE OF 31.77 FEET, TO A POINT ON THE WESTERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE WESTERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING TWENTY-SIX (26) COURSES: 1. S87°51'05"E A DISTANCE OF 35.85 FEET; 2. S05°28'46"E A DISTANCE OF 46.86 FEET; 2.3 Packet Pg. 45 Attachment: Ordinance No. 099, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 3 - 3. S21°33'42"E A DISTANCE OF 62.75 FEET; 4. S25°03'19"E A DISTANCE OF 18.00 FEET; 5. S25°28'04"E A DISTANCE OF 70.00 FEET; 6. S34°03'21"E A DISTANCE OF 89.70 FEET; 7. S46°06'36"E A DISTANCE OF 85.22 FEET; 8. S58°02'45"E A DISTANCE OF 87.99 FEET; 9. S64°06'35"E A DISTANCE OF 308.81 FEET; 10. S66°54'29"E A DISTANCE OF 73.04 FEET; 11. S78°09'57"E A DISTANCE OF 71.60 FEET; 12. S89°49'26"E A DISTANCE OF 70.59 FEET; 13. N74°53'28"E A DISTANCE OF 96.45 FEET; 14. N61°28'24"E A DISTANCE OF 69.69 FEET; 15. N53°22'15"E A DISTANCE OF 69.69 FEET; 16. N39°52'00"E A DISTANCE OF 69.86 FEET; 17. S55°48'39"E A DISTANCE OF 131.53 FEET; 18. S32°35’48”W A DISTANCE OF 10.98 FEET; 19. S56°41'38"E A DISTANCE OF 171.79 FEET; 20. S54°49'16"E A DISTANCE OF 61.63 FEET, TO A POINT OF NON-TANGENT CURVE; 21. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S61°39’57”W A CHORD DISTANCE OF 1219.35 FEET, HAVING A RADIUS OF 1367.00 FEET, A CENTRAL ANGLE OF 52°58'26" AND AN ARC LENGTH OF 1263.88 FEET, TO A POINT OF NON- TANGENT; 22. N45°58'29"W A DISTANCE OF 24.47 FEET; 23. S89°41'18"W A DISTANCE OF 45.49 FEET; 24. S00°18'42"E A DISTANCE OF 7.34 FEET; 25. S45°12'33"W A DISTANCE OF 14.01 FEET; 26. N89°16'11"W A DISTANCE OF 193.74 FEET, TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 8; THENCE ON SAID WEST LINE N00°43'49"E A DISTANCE OF 1148.62 FEET; CONTAINING A CALCULATED AREA OF 815,667 SQUARE FEET OR 18.7251 ACRES. Parcel 3: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, S00°43'49"W A DISTANCE OF 1214.62 FEET, TO A POINT ON THE SOUTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON SAID SOUTHERLY LINE, S89°16'27"E A DISTANCE OF 51.92 FEET, TO THE POINT OF BEGINNING; 2.3 Packet Pg. 46 Attachment: Ordinance No. 099, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 4 - THENCE CONTINUING ON SAID SOUTHERLY LINE THE FOLLOWING TWENTY-SEVEN (27) COURSES: 1. S89°16'05"E A DISTANCE OF 143.03 FEET; 2. S44°47'27"E A DISTANCE OF 14.27 FEET; 3. S00°18'42"E A DISTANCE OF 6.76 FEET; 4. N89°41'18"E A DISTANCE OF 53.00 FEET; 5. N00°18'42"W A DISTANCE OF 6.76 FEET; 6. N44°03'21"E A DISTANCE OF 14.30 FEET, TO A POINT OF NON-TANGENT CURVE; 7. ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N72°44’15”E A CHORD DISTANCE OF 765.23 FEET, HAVING A RADIUS OF 1433.00 FEET, A CENTRAL ANGLE OF 30°58'19" AND AN ARC LENGTH OF 774.63 FEET, TO A POINT OF NON-TANGENT; 8. S32°44'55"E A DISTANCE OF 62.13 FEET; 9. S45°09'46"E A DISTANCE OF 111.92 FEET; 10. S51°29'52"E A DISTANCE OF 109.07 FEET; 11. S58°02'05"E A DISTANCE OF 109.07 FEET; 12. S63°13'21"E A DISTANCE OF 87.09 FEET; 13. S25°04'54"W A DISTANCE OF 63.27 FEET; 14. S03°57'47"E A DISTANCE OF 169.59 FEET; 15. S56°34'16"E A DISTANCE OF 182.04 FEET; 16. N74°00'16"E A DISTANCE OF 182.79 FEET; 17. N19°34'55"E A DISTANCE OF 144.16 FEET; 18. N07°14'48"W A DISTANCE OF 63.27 FEET; 19. N88°26'56"E A DISTANCE OF 109.07 FEET; 20. N81°54'52"E A DISTANCE OF 109.00 FEET; 21. N78°22'07"E A DISTANCE OF 100.00 FEET; 22. N82°34'51"E A DISTANCE OF 89.76 FEET; 23. S83°58'56"E A DISTANCE OF 97.74 FEET; 24. S80°44'59"E A DISTANCE OF 204.79 FEET; 25. S78°34'39"E A DISTANCE OF 53.00 FEET; 26. N11°25'21"E A DISTANCE OF 45.30 FEET; 27. S78°34'39"E A DISTANCE OF 150.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF TRACT U, KECHTER FARM PLANNED LAND DIVISION FILING 1; THENCE ON THE SOUTHERLY LINE OF TRACT U, THE FOLLOWING TWENTY-SIX (26) COURSES: 1. S11°25'21"W A DISTANCE OF 260.00 FEET; 2. S16°22'16"W A DISTANCE OF 144.25 FEET; 3. S28°48'27"W A DISTANCE OF 146.19 FEET; 4. S41°24'00"W A DISTANCE OF 146.19 FEET; 5. S52°49'36"W A DISTANCE OF 146.55 FEET; 6. S62°04'00"W A DISTANCE OF 41.54 FEET; 7. S70°08'26"W A DISTANCE OF 146.85 FEET; 8. S82°43'59"W A DISTANCE OF 146.85 FEET; 9. N84°40'28"W A DISTANCE OF 146.85 FEET; 10. N70°56'15"W A DISTANCE OF 145.94 FEET; 11. N65°14'00"W A DISTANCE OF 130.02 FEET; 12. N65°12'57"W A DISTANCE OF 30.00 FEET; 13. N67°45'31"W A DISTANCE OF 121.29 FEET; 2.3 Packet Pg. 47 Attachment: Ordinance No. 099, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 5 - 14. N80°12'34"W A DISTANCE OF 119.67 FEET; 15. S86°55'18"W A DISTANCE OF 119.34 FEET; 16. S83°23'03"W A DISTANCE OF 260.00 FEET; 17. S83°50'49"W A DISTANCE OF 170.59 FEET; 18. N83°50'28"W A DISTANCE OF 146.71 FEET; 19. N71°21'15"W A DISTANCE OF 146.71 FEET; 20. N58°52'02"W A DISTANCE OF 146.71 FEET; 21. N46°22'49"W A DISTANCE OF 146.71 FEET; 22. N33°53'36"W A DISTANCE OF 146.71 FEET; 23. N20°14'22"W A DISTANCE OF 146.41 FEET; 24. N10°05'12"W A DISTANCE OF 146.41 FEET; 25. N00°33'31"W A DISTANCE OF 133.21 FEET; 26. N00°18'42"W A DISTANCE OF 28.41 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,790,220 SQUARE FEET OR 41.0978 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Farm Second Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 3. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 18th day of August, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 48 Attachment: Ordinance No. 099, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 6 - Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.3 Packet Pg. 49 Attachment: Ordinance No. 099, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 1 - ORDINANCE NO. 100, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE KECHTER FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, the City Council has adopted Ordinance No. 099, 2015, annexing certain property as described therein and referred to therein as Kechter Farm Second Annexation; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Kechter Farm Second Annexation, and has determined that specifically defined portions thereof as described below should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District that portion of the property known as the Kechter Farm Second Annexation to the City of Fort Collins, Colorado, particularly described below: Parcel 1: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6TH P.M. SAID CORNER BEING THE NORTHWESTERLY CORNER OF SAID TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1, AS RECORDED UNDER RECEPTION NUMBER 20140024916 IN THE OFFICES OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ON THE NORTHERLY LINE OF TRACT S, ALSO BEING THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N89°39'17"E A DISTANCE OF 1445.97 FEET, TO A POINT ON THE WESTERLY LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; 2.4 Packet Pg. 50 Attachment: Ordinance No. 100, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 2 - THENCE ON THE WESTERLY LINE OF SAID ANNEXATION, S00°17'17"W A DISTANCE OF 547.39 FEET, TO A POINT ON THE NORTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE NORTHERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING TWENTY-NINE (29) COURSES: 1. S89°39'17"W A DISTANCE OF 114.78 FEET; 2. N89°42'43"W A DISTANCE OF 62.00 FEET; 3. S00°17'17"W A DISTANCE OF 17.45 FEET; 4. S44°58'17"W A DISTANCE OF 6.82 FEET; 5. S89°39'17"W A DISTANCE OF 202.56 FEET; 6. N45°01'43"W A DISTANCE OF 6.55 FEET; 7. N00°17'17"E A DISTANCE OF 1.28 FEET; 8. N89°42'43"W A DISTANCE OF 71.00 FEET; 9. S00°17'17"W A DISTANCE OF 1.93 FEET; 10. S44°58'17"W A DISTANCE OF 6.82 FEET; 11. S89°39'17"W A DISTANCE OF 202.56 FEET; 12. N45°01'43"W A DISTANCE OF 6.55 FEET; 13. N00°17'17"E A DISTANCE OF 1.17 FEET; 14. N89°42'43"W A DISTANCE OF 91.00 FEET; 15. S00°17'17"W A DISTANCE OF 2.04 FEET; 16. S44°58'17"W A DISTANCE OF 6.82 FEET; 17. S89°39'17"W A DISTANCE OF 202.56 FEET; 18. N45°01'43"W A DISTANCE OF 6.55 FEET; 19. N00°17'17"E A DISTANCE OF 1.28 FEET; 20. N89°42'43"W A DISTANCE OF 71.00 FEET; 21. S00°17'17"W A DISTANCE OF 1.90 FEET; 22. S44°54'01"W A DISTANCE OF 6.85 FEET; 23. N89°36'13"W A DISTANCE OF 202.42 FEET; 24. N44°29'40"W A DISTANCE OF 6.78 FEET; 25. N00°17'17"E A DISTANCE OF 1.83 FEET; 26. N89°42'43"W A DISTANCE OF 71.00 FEET; 27. S00°17'17"W A DISTANCE OF 1.18 FEET; 28. S45°30'20"W A DISTANCE OF 6.88 FEET; 29. N89°16'36"W A DISTANCE OF 116.49 FEET, TO A POINT ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ON SAID WEST LINE, N00°43'20"E A DISTANCE OF 562.71 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 816,849 SQUARE FEET OR 18.7523 ACRES. Parcel 2: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2.4 Packet Pg. 51 Attachment: Ordinance No. 100, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 3 - BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00°43’20”E A DISTANCE OF 31.77 FEET, TO A POINT ON THE WESTERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE WESTERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING TWENTY-SIX (26) COURSES: 1. S87°51'05"E A DISTANCE OF 35.85 FEET; 2. S05°28'46"E A DISTANCE OF 46.86 FEET; 3. S21°33'42"E A DISTANCE OF 62.75 FEET; 4. S25°03'19"E A DISTANCE OF 18.00 FEET; 5. S25°28'04"E A DISTANCE OF 70.00 FEET; 6. S34°03'21"E A DISTANCE OF 89.70 FEET; 7. S46°06'36"E A DISTANCE OF 85.22 FEET; 8. S58°02'45"E A DISTANCE OF 87.99 FEET; 9. S64°06'35"E A DISTANCE OF 308.81 FEET; 10. S66°54'29"E A DISTANCE OF 73.04 FEET; 11. S78°09'57"E A DISTANCE OF 71.60 FEET; 12. S89°49'26"E A DISTANCE OF 70.59 FEET; 13. N74°53'28"E A DISTANCE OF 96.45 FEET; 14. N61°28'24"E A DISTANCE OF 69.69 FEET; 15. N53°22'15"E A DISTANCE OF 69.69 FEET; 16. N39°52'00"E A DISTANCE OF 69.86 FEET; 17. S55°48'39"E A DISTANCE OF 131.53 FEET; 18. S32°35’48”W A DISTANCE OF 10.98 FEET; 19. S56°41'38"E A DISTANCE OF 171.79 FEET; 20. S54°49'16"E A DISTANCE OF 61.63 FEET, TO A POINT OF NON-TANGENT CURVE; 21. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S61°39’57”W A CHORD DISTANCE OF 1219.35 FEET, HAVING A RADIUS OF 1367.00 FEET, A CENTRAL ANGLE OF 52°58'26" AND AN ARC LENGTH OF 1263.88 FEET, TO A POINT OF NON- TANGENT; 22. N45°58'29"W A DISTANCE OF 24.47 FEET; 23. S89°41'18"W A DISTANCE OF 45.49 FEET; 24. S00°18'42"E A DISTANCE OF 7.34 FEET; 25. S45°12'33"W A DISTANCE OF 14.01 FEET; 26. N89°16'11"W A DISTANCE OF 193.74 FEET, TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 8; THENCE ON SAID WEST LINE N00°43'49"E A DISTANCE OF 1148.62 FEET; CONTAINING A CALCULATED AREA OF 815,667 SQUARE FEET OR 18.7251 ACRES. Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended 2.4 Packet Pg. 52 Attachment: Ordinance No. 100, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 4 - by including in the Urban Estate (“U-E”) Zone District that portion of the property known as the Kechter Farm Second Annexation to the City of Fort Collins, Colorado, particularly described as: Parcel 3: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, S00°43'49"W A DISTANCE OF 1214.62 FEET, TO A POINT ON THE SOUTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON SAID SOUTHERLY LINE, S89°16'27"E A DISTANCE OF 51.92 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID SOUTHERLY LINE THE FOLLOWING TWENTY-SEVEN (27) COURSES: 1. S89°16'05"E A DISTANCE OF 143.03 FEET; 2. S44°47'27"E A DISTANCE OF 14.27 FEET; 3. S00°18'42"E A DISTANCE OF 6.76 FEET; 4. N89°41'18"E A DISTANCE OF 53.00 FEET; 5. N00°18'42"W A DISTANCE OF 6.76 FEET; 6. N44°03'21"E A DISTANCE OF 14.30 FEET, TO A POINT OF NON-TANGENT CURVE; 7. ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N72°44’15”E A CHORD DISTANCE OF 765.23 FEET, HAVING A RADIUS OF 1433.00 FEET, A CENTRAL ANGLE OF 30°58'19" AND AN ARC LENGTH OF 774.63 FEET, TO A POINT OF NON-TANGENT; 8. S32°44'55"E A DISTANCE OF 62.13 FEET; 9. S45°09'46"E A DISTANCE OF 111.92 FEET; 10. S51°29'52"E A DISTANCE OF 109.07 FEET; 11. S58°02'05"E A DISTANCE OF 109.07 FEET; 12. S63°13'21"E A DISTANCE OF 87.09 FEET; 13. S25°04'54"W A DISTANCE OF 63.27 FEET; 14. S03°57'47"E A DISTANCE OF 169.59 FEET; 15. S56°34'16"E A DISTANCE OF 182.04 FEET; 16. N74°00'16"E A DISTANCE OF 182.79 FEET; 17. N19°34'55"E A DISTANCE OF 144.16 FEET; 18. N07°14'48"W A DISTANCE OF 63.27 FEET; 19. N88°26'56"E A DISTANCE OF 109.07 FEET; 20. N81°54'52"E A DISTANCE OF 109.00 FEET; 21. N78°22'07"E A DISTANCE OF 100.00 FEET; 22. N82°34'51"E A DISTANCE OF 89.76 FEET; 23. S83°58'56"E A DISTANCE OF 97.74 FEET; 2.4 Packet Pg. 53 Attachment: Ordinance No. 100, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 5 - 24. S80°44'59"E A DISTANCE OF 204.79 FEET; 25. S78°34'39"E A DISTANCE OF 53.00 FEET; 26. N11°25'21"E A DISTANCE OF 45.30 FEET; 27. S78°34'39"E A DISTANCE OF 150.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF TRACT U, KECHTER FARM PLANNED LAND DIVISION FILING 1; THENCE ON THE SOUTHERLY LINE OF TRACT U, THE FOLLOWING TWENTY-SIX (26) COURSES: 1. S11°25'21"W A DISTANCE OF 260.00 FEET; 2. S16°22'16"W A DISTANCE OF 144.25 FEET; 3. S28°48'27"W A DISTANCE OF 146.19 FEET; 4. S41°24'00"W A DISTANCE OF 146.19 FEET; 5. S52°49'36"W A DISTANCE OF 146.55 FEET; 6. S62°04'00"W A DISTANCE OF 41.54 FEET; 7. S70°08'26"W A DISTANCE OF 146.85 FEET; 8. S82°43'59"W A DISTANCE OF 146.85 FEET; 9. N84°40'28"W A DISTANCE OF 146.85 FEET; 10. N70°56'15"W A DISTANCE OF 145.94 FEET; 11. N65°14'00"W A DISTANCE OF 130.02 FEET; 12. N65°12'57"W A DISTANCE OF 30.00 FEET; 13. N67°45'31"W A DISTANCE OF 121.29 FEET; 14. N80°12'34"W A DISTANCE OF 119.67 FEET; 15. S86°55'18"W A DISTANCE OF 119.34 FEET; 16. S83°23'03"W A DISTANCE OF 260.00 FEET; 17. S83°50'49"W A DISTANCE OF 170.59 FEET; 18. N83°50'28"W A DISTANCE OF 146.71 FEET; 19. N71°21'15"W A DISTANCE OF 146.71 FEET; 20. N58°52'02"W A DISTANCE OF 146.71 FEET; 21. N46°22'49"W A DISTANCE OF 146.71 FEET; 22. N33°53'36"W A DISTANCE OF 146.71 FEET; 23. N20°14'22"W A DISTANCE OF 146.41 FEET; 24. N10°05'12"W A DISTANCE OF 146.41 FEET; 25. N00°33'31"W A DISTANCE OF 133.21 FEET; 26. N00°18'42"W A DISTANCE OF 28.41 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,790,220 SQUARE FEET OR 41.0978 ACRES Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the foregoing portions of the Kechter Farm Second Annexation are included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend the Zoning Map of the City in accordance with this Ordinance. 2.4 Packet Pg. 54 Attachment: Ordinance No. 100, 2015 (3613 : SR 099 100 Kechter Second Annexation) - 6 - Introduced, considered favorably on first reading, and ordered published this 18th day of August, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.4 Packet Pg. 55 Attachment: Ordinance No. 100, 2015 (3613 : SR 099 100 Kechter Second Annexation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Dan Woodward, Civil Engineer I SUBJECT Second Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 15, 2015, appropriates unanticipated federal grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail and Riverside Avenue. $148,250 in local matching funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 15, 2015, (w/o attachments) (PDF) 2. Ordinance No. 114, 2015 (PDF) 3 Packet Pg. 56 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 15, 2015 City Council STAFF Dan Woodward, Civil Engineer I SUBJECT Items Relating to Pitkin Low Stress Corridor Intergovernmental Agreement. EXECUTIVE SUMMARY A. Resolution 2015-083 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation in Order for the City to Receive Federal Transportation Alternative Program Funds for the Pitkin Street Low Stress Bicycle Corridor Improvements. B. First Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements. The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) and to appropriate unanticipated federal grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street Corridor between Overland Trail and Riverside Avenue. The proposed actions will enable initiation of the project. $148,250 in local matching funds are available in the previously appropriated Building on Basics-Bicycle Plan Implementation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City has recently adopted an updated Bicycle Master Plan. A key goal in the Plan is to serve the Interested but Concerned bicycle rider. These potential Interested but concerned bicyclists are estimated at about 60% of the traveling public. To better accommodate this population and increase bicycling, Fort Collins is dedicated to implementing a network of “Low Stress” bicycle facilities. The Pitkin Low Stress Bicycle Corridor is an east-west connection across the City for bicyclists, passing directly through the center of the Colorado State University (CSU) campus. The Corridor makes use of two existing City streets for approximately 4 miles, and reaches from Overland Trail to Riverside Avenue. The City and CSU have partnered on this Low Stress Route in order to construct the cross-city portions of the project, as well as critical improvements to the route through campus. While the majority of the City’s low stress bicycle network is safe and comfortable for cyclists, the intersections with major arterials present a significant barrier. There are 4 major crossings that this project focuses on at Taft Hill Road, Shields Street, College Avenue, and Lemay Avenue. Providing complete and continuous facilities for bicyclists, including the crossings of major arterials, will significantly increase the safety of this corridor. Also included in the project will be bicycle wayfinding improvements to help bicyclists navigate the low stress corridor as part of the FC Moves Bicycle Wayfinding System Plan. ATTACHMENT 1 3.1 Packet Pg. 57 Attachment: First Reading Agenda Item Summary, September 15, 2015, (w/o attachments) (3601 : SR 114 Pitkin Low Strees Network Corridor) Agenda Item 10 Item # 10 Page 2 A Transportation Alternatives Program (TAP) grant was awarded to the FC Moves Program in the amount of $593,000. The City has allocated $148,250 as the local match portion for the federal grant (20% of the project) for a total project budget of $741,250. Staff believes that the grant and matching amount will cover design and construction of the proposed project. No right-of-way acquisition is currently anticipated, but that will be further defined as design progresses. The project will incorporate critical aspects of the City’s approved Master Bicycle Plan. Staff will continue to coordinate with CSU’s schedule for completing their portion of the work through campus. Currently, campus can be perceived as a barrier to bicycle commuters passing through the area as it runs through a dismount zone in campus. The City and CSU intend to eliminate this perception by removing the dismount zone and providing the Pitkin Low Stress Bicycle Corridor as a unified, branded route that seamlessly integrates campus with the adjacent neighborhoods. Close coordination with CSU will be critical throughout the design and construction of the project. The design phase of this project is projected to begin in December of 2015 with construction in the Summer/Fall in 2016. CITY FINANCIAL IMPACTS The following is a summary of the funding available to design and construct the Pitkin Low Stress Bicycle Corridor Project: Funds to be Appropriated per this Action Federal Funds to be Appropriated TAP Grant Funds $593,000 Local Matching Funds (existing appropriations) BOB Bicycle Plan Implementation $148,250 Total Budgeted Funds per IGA $741,250 The project will contribute to the state and regional economy by connecting the University and the City with a low-stress bicycle route. Colorado State University is the largest employer in Northern Colorado. The enhancements to this corridor would serve over 1200 employees and approximately 6500 students within ½ mile of the corridor. Additionally, the corridor opens up opportunities for cyclists to travel to the MAX bus rapid transit line to connect to downtown and midtown via the Mason Trail. BOARD / COMMISSION RECOMMENDATION Staff will provide periodic updates and seek input from the Transportation Board and Bicycle Advisory Committee as the project moves forward. PUBLIC OUTREACH Staff plans on conducting public outreach, including open houses, and regular updates to Colorado State University. There will be several education outreach sessions to promote awareness of the bicycle route, wayfinding and upgraded arterial crossings. Staff has begun coordination with CSU. City staff and CSU will continue to coordinate throughout the project. Additionally, a detailed Communication Plan will be developed prior to construction. The Plan will highlight milestone dates, affected interests, and specific outreach tools. 3.1 Packet Pg. 58 Attachment: First Reading Agenda Item Summary, September 15, 2015, (w/o attachments) (3601 : SR 114 Pitkin Low Strees Network Corridor) Agenda Item 10 Item # 10 Page 3 ATTACHMENTS 1. Pitkin Corridor map (PDF) 3.1 Packet Pg. 59 Attachment: First Reading Agenda Item Summary, September 15, 2015, (w/o attachments) (3601 : SR 114 Pitkin Low Strees Network Corridor) - 1 - ORDINANCE NO. 114, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE CAPITAL PROJECTS FUND FOR THE PITKIN LOW STRESS BICYCLE CORRIDOR PROJECT WHEREAS, the City has been awarded a grant from the Colorado Department of Transportation’s Transportation Alternatives Program for $593,000 (the Grant); and WHEREAS, the Grant is for the FC Moves Program; and WHEREAS, based on the recently adopted and updated Bicycle Master Plan, the Pitkin Low Stress Bicycle Corridor Project (the Project) will incorporate critical aspects of the City’s Plan; and WHEREAS, the total estimated cost of the Project is $741,250 which will be funded by the Grant ($593,000) and existing appropriations of $148,250 in the Capital Projects Fund - FC Moves - BOB Bicycle Plan Implementation which will meet the required Local Match; and WHEREAS, the City Council has adopted Resolution 2015-083 authorizing the City to enter into an intergovernmental agreement with the Colorado Department of Transportation for the Project; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of grant funds described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the Capital Projects Fund the sum of FIVE HUNDRED NINETY THREE THOUSAND DOLLARS ($593,000) for expenditure in the Capital Projects Fund for the Pitkin Low Stress Corridor Project. 3.2 Packet Pg. 60 Attachment: Ordinance No. 114, 2015 (3601 : SR 114 Pitkin Low Strees Network Corridor) - 2 - Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 61 Attachment: Ordinance No. 114, 2015 (3601 : SR 114 Pitkin Low Strees Network Corridor) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Phil Ladd, Utilities Customer Accounts Supervisor SUBJECT Second Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 15, 2015, corrects a process issue with the language of previously adopted Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated existing sub-project Business Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within each Capital Project. This Ordinance corrects that oversight. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (PDF) 2. Ordinance No. 115, 2015 (PDF) 4 Packet Pg. 62 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY September 15, 2015 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Phil Ladd, Utilities Customer Accounts Supervisor SUBJECT First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects, Including All Sub-Projects and Encumbrances, into the Stormwater Basin Improvement Capital Project. EXECUTIVE SUMMARY The purpose of this item is to correct a process issue with the language of previously adopted Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise. The language of that Ordinance inadvertently did not include the associated existing sub-project Business Units and encumbrances. For proper accounting purposes and accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all existing Business Unit funds and encumbrances within each Capital Project. This Ordinance corrects that oversight. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council adopted Ordinance No. 074, 2015 at its July 7 and July 21 Meetings. The language of that Ordinance only transferred the unallocated prior appropriations. In order to properly track the overall finances of the Enterprise fund in the City’s accounting system, it is necessary to include all associated existing individual sub-project funds (Business Units) and encumbrances within those Capital Project funds. This preserves the financial integrity of the system and accountability of all associated transactions. The following reiterates the purpose and need for Ordinance No. 074, 2015, action: Prior to 1998, monthly stormwater capital improvement fees were collected individually by each separate drainage basin and could only be used for the basin in which the fees were collected. Ordinance No. 168, 1998 changed the collection and use of monthly stormwater fees from the individual basins to a consolidated uniform and citywide basis. Since 2006 (Ordinance No. 136, 2005) stormwater plant investment fees have also been collected on a citywide basis. With the change in funding, prioritization of stormwater capital improvements is done on a citywide basis for the safety and well-being of all citizens. Each basin’s capital improvement project retains some unspent funding previously appropriated to that specific basin. Basin specific projects continued to be funded with these remaining appropriations. Since the adoption of the 2013-2014 Budget new appropriations are made to the citywide Stormwater Basin Improvements Project and not to individual basins. At this time, there are appropriations remaining in each basin project at a level that is either (A) insufficient to pay for any particular project or (B) the monies remain in basins that do not have immediate capital project ATTACHMENT 1 4.1 Packet Pg. 63 Attachment: First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (3605 : SR 115 Stormwater Fund) Agenda Item 11 Item # 11 Page 2 needs. The consolidation of all these appropriations into the citywide Stormwater Basin Improvement Project will allow staff to fund larger capital projects benefiting the City as a whole, as well as the specific basin for which the funds were created. The individual Stormwater Fund Basin accounts for existing sub-projects to be consolidated under this Ordinance are shown in the following table: Old Town Basin Improvements $ 125,010 Dry Creek Basin Improvements $ 1,165,001 W. Vine Basin Improvements $ 854,458 Foothills Basin Improvements $ 4,778 Canal Importation Basin Improvements $ 710,859 Cooper Slough Boxelder Basin Improvements $ 4,067,379 Fossil Creek Basin Improvements $ 222,380 Cache La Poudre Drainageway Basin Improvements $ 423,018 Drainage System Replacements $ 289,555 Total Transfer to Stormwater Basin Improvements Capital Project $ 7,862,438 If the Ordinance is adopted, these project account balances will be moved under the Citywide Stormwater Basin Improvement Capital Project account and all open projects within the specific basins will also be under the City-wide project for accounting purposes. CITY FINANCIAL IMPACTS The Ordinance does not appropriate any new funding. The Ordinance provides for the consolidation of existing appropriations to improve transparency and flexibility of using the existing stormwater basin improvement appropriations to fund the highest priority projects. This Ordinance is also consistent with the objectives stated by City Council in Ordinance No. 168, 1998, for uniform and citywide operation, maintenance, and improvements to the stormwater system. Stormwater funds will continue to be spent in alignment with the Stormwater Enterprise requirements and approved Stormwater Master Plans. BOARD / COMMISSION RECOMMENDATION Funding of Stormwater Master Plan projects has been discussed with the Water Board many times over the past several years. At its June 18, 2015 meeting, the Board recommended consolidation of the remaining stormwater basin budgets as presented by staff on a vote of 7-1. 4.1 Packet Pg. 64 Attachment: First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (3605 : SR 115 Stormwater Fund) - 1 - ORDINANCE NO. 115, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF PREVIOUSLY APPROPRIATED FUNDS IN THE STORM DRAINAGE FUND FROM INDIVIDUAL STORMWATER BASIN CAPITAL PROJECTS, INCLUDING ALL SUB-PROJECTS AND ENCUMBRANCES, INTO THE STORMWATER BASIN IMPROVEMENT CAPITAL PROJECT WHEREAS, this Ordinance provides for the consolidation of existing appropriations to improve transparency and flexibility of using the existing stormwater basin improvement appropriations to fund the highest priority projects, consistent with the objectives stated by City Council in Ordinance No. 168, 1998, for uniform and Citywide operation, maintenance, and improvements to the Stormwater system; and WHEREAS, since the adoption of the 2013-2014 Budget, new appropriations are made to the Citywide Stormwater Basin Improvements Project and not to individual basins; and WHEREAS, by adoption of Ordinance No. 074, 2015, existing appropriations were consolidated into the Citywide Stormwater Basin Improvement Project to allow staff to fund larger capital projects benefiting the City as a whole, as well as the specific basin for which the funds were created; and WHEREAS, this Ordinance is to correct a process issue with the language of previously approved Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the Stormwater Enterprise but inadvertently failed to include funds for associated existing sub-projects; and WHEREAS, the Ordinance does not appropriate any new funding; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the transfer set forth below and the City Council finds that such transfer meets the requirements of Article V, Section 10 of the City Charter because the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 4.2 Packet Pg. 65 Attachment: Ordinance No. 115, 2015 (3605 : SR 115 Stormwater Fund) - 2 - Section 1. That the City Council hereby adopts the findings and recommendations set forth above. Section 2. That the following funds are hereby authorized for transfer and appropriated for expenditure for the purposes stated below from these projects and sub-projects in the Storm Drainage Fund: Old Town Basin Improvements $ 125,010 Dry Creek Basin Improvements $ 1,165,001 W. Vine Basin Improvements $ 854,458 Foothills Basin Improvements $ 4,778 Canal Importation Basin Improvements $ 710,859 Cooper Slough Boxelder Basin Improvements $ 4,067,379 Fossil Creek Basin Improvements $ 222,380 Cache La Poudre Drainageway Basin Improvements $ 423,018 Drainage System Replacements $ 289,555 TOTAL $ 7,862,438 Appropriation TO this project in the Storm Drainage Fund: Stormwater Basin Improvements Capital Project $7,862,438 Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 66 Attachment: Ordinance No. 115, 2015 (3605 : SR 115 Stormwater Fund) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT Items Relating to Marijuana Code Amendments. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property. B. Second Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions of Pertinent Information. C. Second Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity and Sorority Houses. D. Second Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities. These Ordinances, unanimously adopted on First Reading on September 15, 2015, amend various provisions of the City Code related to marijuana. The City of Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes, and over the course of this time, the State has enacted new legislation and staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments as this industry matures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. PUBLIC OUTREACH All licensees and two engaged citizens were contacted via email on September 15 notifying them of the proposed amendments. The only feedback received included a request to consider changing the allowable hours of operation for marijuana stores and a question regarding flammable liquids (referred to Poudre Fire Authority). 5 Packet Pg. 67 Agenda Item 5 Item # 5 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, September 15, 2015 (PDF) 2. Ordinance No. 116, 2015 (PDF) 3. Ordinance No. 117, 2015 (PDF) 4. Ordinance No. 118, 2015 (PDF) 5. Ordinance No. 119, 2015 (PDF) 5 Packet Pg. 68 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY September 15, 2015 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT Items Relating to Marijuana Code Amendments. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous Property. B. First Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or Intentional Omissions of Pertinent Information. C. First Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed-Use Buildings and Fraternity and Sorority Houses. D. First Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products Manufacturing Facilities. The purpose of this item is to clean up various provisions of the City Code related to marijuana. The City of Fort Collins and local marijuana businesses are just over a year into the licensing and operational processes, and over the course of this time, the State has enacted new legislation and staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments as this industry matures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION This agenda item includes the following recommended amendments: 1. Ordinance No. 116, 2015 – Limiting the number of storefronts to one on the same contiguous property: When original location language was drafted, efforts were made to generally limit the number of marijuana storefronts. Existing Code language states, “A retail marijuana store and medical marijuana center held by the same licensee shall be located on the same legal parcel.” Staff is recommending this be changed to, “A retail marijuana store and medical marijuana center held by the same licensee shall be contiguous, located within the same building and under the exclusive control of the licensee.” This change would prevent having two storefronts within the same strip-retail center. ATTACHMENT 1 5.1 Packet Pg. 69 Attachment: First Reading Agenda Item Summary, September 15, 2015 (3593 : SR 116-119 Marijuana amendments) Agenda Item 12 Item # 12 Page 2 2. Ordinance No. 117, 2015 – Application renewal corrections: In the current language, if an applicant has made a false, misleading, or fraudulent statement, or omitted pertinent information on his or her application, the Marijuana Licensing Authority (the “Authority”) has a duty to deny the application. However, the only recourse for denial is that the application must be resubmitted, which could be accomplished immediately after the denial. Staff is recommending the following two changes: a. Adding the word “intentionally” to the following Code language: any applicant who has made a false, misleading or fraudulent statement, or who has intentionally omitted pertinent information, on his or her application for a license…” This addition gives the Authority discretion to determine whether the applicant made an unintentional mistake such as a typo or if the applicant was intentionally attempting to include a false, misleading, or fraudulent statement. b. Adding a six month waiting period for re-application of a license if an applicant is denied a license by the Authority for including false, misleading, fraudulent information or for intentionally omitting information. 3. Ordinance No. 118, 2015 – Prohibiting marijuana cultivation in mixed-use dwellings and in sorority and fraternity houses: Current regulations prevent cultivation in areas that would pose a health, safety, or nuisance risk to residential units. However, existing regulations do not include mixed-use dwellings that could have residential units on upper floors. This change would prevent any cultivation in mixed-use buildings that include residential units. The City Code currently prohibits the cultivation of marijuana in a multi-family dwelling. The definition of multi-family excludes fraternities and sorority houses, thereby allowing the cultivation of marijuana in such houses. Staff recommends amending this definition such that fraternity and sorority houses are included, and therefore, that the prohibition on cultivation of marijuana applies. 4. Ordinance No. 119. 2015 – State extraction regulations: During the past legislative session, the State passed prohibitions on marijuana extractions limiting the use of flammable materials. The State did not include alcohol or ethanol in the list of prohibited materials. The City would like to replace our previously adopted language with the new state regulations. However, we will maintain our prohibition on the use of alcohol and add a prohibition on the use of ethanol in the extraction of THC or other cannabinoids in the City based on recommendations from Poudre Fire Authority. PUBLIC OUTREACH These proposed Code amendments are minor changes intended to provide greater clarity to the marijuana licensing process. No public outreach was conducted as the amendments are considered minor in scope. 5.1 Packet Pg. 70 Attachment: First Reading Agenda Item Summary, September 15, 2015 (3593 : SR 116-119 Marijuana amendments) - 1 - ORDINANCE NO. 116, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 15-608 OF THE CODE OF THE CITY OF FORT COLLINS TO LIMIT TO ONE THE NUMBER OF MARIJUANA STORE FRONTS ON THE SAME CONTIGUOUS PROPERTY WHEREAS, Article XVII of Chapter 15 of the City Code places limitations on location and operation of retail marijuana businesses; and WHEREAS, the Code currently states that a retail marijuana store and medical marijuana center held by the same licensee shall be on the same legal parcel; and WHEREAS, this Code provision currently allows for two or more store fronts on one legal parcel; and WHEREAS, staff believes that this was not the intent of the City Council upon the passage of such provision; and WHEREAS, staff recommends that such provision be amended to only allow one store front on the same contiguous premises; and WHEREAS, the City has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 15-608 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-608. Retail marijuana stores. (a) Only a licensed medical marijuana center in good standing with state and local licensing authorities may be licensed as, or may operate, a retail marijuana store in the City. (b) A retail marijuana store and medical marijuana center held by the same licensee shall be contiguous, located within the same building and under the exclusive control of the licensee. (c) All retail marijuana stores shall affix labels to all containers on the licensed premises that hold retail marijuana or retail marijuana products, which labels shall clearly display potency profiles and contaminant results from licensed retail marijuana testing facilities. 5.2 Packet Pg. 71 Attachment: Ordinance No. 116, 2015 (3593 : SR 116-119 Marijuana amendments) - 2 - (d) All retail marijuana stores shall prohibit the entrance of persons under the age of twenty-one (21) to the licensed premises, including that portion of the premises that is licensed as a medical marijuana center. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk 5.2 Packet Pg. 72 Attachment: Ordinance No. 116, 2015 (3593 : SR 116-119 Marijuana amendments) - 1 - ORDINANCE NO. 117, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 15-613 AND 15-614 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE STANDARD FOR PERSONS PROHIBITED AS LICENSEES AND TO REQUIRE A SIX MONTH WAITING PERIOD FOR REAPPLICATION OF A LICENSE FOR ANY APPLICANT DENIED A LICENSE BY THE MARIJUANA LICENSING AUTHORITY ON THE BASIS OF FALSE, MISLEADING, OR FRAUDULENT STATEMENTS OR INTENTIONAL OMISSIONS OF PERTINENT INFORMATION WHEREAS, Article XVII of Chapter 15 of the City Code limits those individuals allowed to be licensed to sell retail marijuana; and WHEREAS, the current language of City Code Section 15-614 in the retail marijuana provisions states no license shall be issued to, held by or renewed by any applicant who has omitted pertinent information on his or her application for a license; and WHEREAS, Article XVI of Chapter 15 of the City Code limits those individuals allowed to be licensed to sell medical marijuana; and WHEREAS, the current language of Section 15-474 in the medical marijuana provisions states no license shall be issued to, held by, or renewed by any applicant who has intentionally omitted pertinent information on his or her application for a license; and WHEREAS, staff recommends the Medical and Retail Marijuana licensing provisions be consistent so that both prohibit persons from being issued licenses for intentionally omitting pertinent information; and WHEREAS, staff believes there should be a consequence and a limitation on subsequent applications when an applicant is denied for such types of intentional omissions; and WHEREAS, staff recommends that such consequence should be a prohibition on applying to the Marijuana Licensing Authority (the “Authority”) for a period of six months from the date of the denial by the Authority; and WHEREAS, staff believes such a prohibition will encourage compliance with the application standards and will reduce subsequent fraudulent applications; and WHEREAS, the City has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 5.3 Packet Pg. 73 Attachment: Ordinance No. 117, 2015 (3593 : SR 116-119 Marijuana amendments) - 2 - Section 1. That Section 15-613 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-613. Denial of application and consequences. (a) The Authority shall deny any application that does not meet the requirements of the Colorado Retail Marijuana Code, the rules and regulations promulgated thereunder or the provisions of this Article. (b) An applicant that has been denied a license by the Marijuana Licensing Authority for including a false, misleading or fraudulent statement, or for intentionally omitting pertinent information on his or her application for a license, in violation of Section 15- 614 (6) of this Article, shall not be permitted by the Authority to submit a subsequent application for a period of (6) six months from the date of the denial. Section 2. That Section 15-614 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-614. Persons prohibited as licensees. No license shall be issued to, held by or renewed by any of the following: (1) any person who is, at the time of application for a retail marijuana store, not currently licensed to operate a medical marijuana center and in good standing under both the Colorado Medical Marijuana Code and the City Code; (2) any person prohibited pursuant to Section 12-43.4-306, C.R.S; (3) any natural person who has been released within the ten (10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence resulting from a conviction of any felony or any crime which under the laws of the State would be a felony; or any crime of which fraud or intent to defraud was an element, whether in the State or elsewhere; (4) any entity whose directors, shareholders, partners or other persons having a financial interest in said entity have been convicted of any of the offenses set forth in Paragraph (3) above; (5) any person whose criminal history renders him or her ineligible under Paragraph (2) above, or who employs a person at a retail marijuana establishment who has a criminal history that renders said person ineligible; 5.3 Packet Pg. 74 Attachment: Ordinance No. 117, 2015 (3593 : SR 116-119 Marijuana amendments) - 3 - (6) any applicant who has made a false, misleading or fraudulent statement, or who has intentionally omitted pertinent information, on his or her application for a license; (7) any applicant whose license for a medical or retail marijuana establishment in this State or any other state has been revoked. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.3 Packet Pg. 75 Attachment: Ordinance No. 117, 2015 (3593 : SR 116-119 Marijuana amendments) - 1 - ORDINANCE NO. 118, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IX OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT MARIJUANA PLANTS TO BE CULTIVATED OR KEPT WITHIN MIXED USE BUILDINGS AND FRATERNITY AND SORORITY HOUSES WHEREAS, Article IX of Chapter 12 of the City Code regulates the cultivation of marijuana; and WHEREAS, the current regulations limit the cultivation of marijuana to no more than twelve marijuana plants of any size, or six mature marijuana plants within a single–family dwelling, and no marijuana plants to be cultivated within two-family, multi-family or single- family attached dwelling; and WHEREAS, there is a growing concern among staff concerning the cultivation of an unlimited amount of marijuana within mixed use dwellings and fraternity and sorority houses which directly affects the public’s health, safety and welfare; and WHEREAS, staff recommends applying the same prohibition as set forth within two- family, multi-family or single-family attached dwellings to mixed use dwellings and fraternity and sorority houses; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-141 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Mixed-use dwelling” to read as follows: Mixed-use dwelling shall mean a dwelling that is located in the same building as a non- residential use. Section 2. That the definition of “Multi-family dwelling” contained in Section 12-141 of the Code of the City of Fort Collins is hereby amended to read as follows: Multi-family dwelling shall mean a dwelling containing three (3) or more dwelling units, not including hotels, motels, and similar group accommodations. Section 3. That Section 12-142 of the Code of the City of Fort Collins is hereby amended by the addition of a new paragraph (c) which reads in its entirety as follows: 5.4 Packet Pg. 76 Attachment: Ordinance No. 118, 2015 (3593 : SR 116-119 Marijuana amendments) - 2 - Sec. 12-142. Marijuana cultivation. . . . (c) Cultivation within mixed used dwellings. No marijuana plants may be cultivated or kept within, or on the same legal parcel as, any mixed use dwelling. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk 5.4 Packet Pg. 77 Attachment: Ordinance No. 118, 2015 (3593 : SR 116-119 Marijuana amendments) - 1 - ORDINANCE NO. 119, 2015 BY THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 17-194 OF THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT THE USE OF ALCOHOL OR ETHANOL IN THE EXTRACTION OF THC OR OTHER CANNABINOIDS IN LOCATIONS OTHER THAN LICENSED MEDICAL AND RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITIES WHEREAS, the adoption of Amendment 20 added Section 14 to Article XVIII of the Colorado Constitution, which created an affirmative defense and a limited exception to state criminal laws for patients and primary caregivers who possess or produce limited amount of marijuana concentrate for medical use to treat a debilitating medical condition; and WHEREAS, Article XVIII, Section 14 of the Colorado Constitution prohibits both patients and primary caregivers from acquiring or producing marijuana concentrate in a way that endangers the health and well-being of any person; and WHEREAS, the adoption of Amendment 64 added a new Section 16 to Article XVIII of the Colorado Constitution, which allowed persons over the age of twenty-one (21) in Colorado to claim immunity from prosecution under city or state laws for possessing or processing marijuana concentrate in a quantity of one ounce or less for personal use or for distribution to others without compensation; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution provides that, in the interest of the health and public safety of our citizenry, marijuana sold in Colorado will be subject to additional regulations to ensure that consumers are protected; and WHEREAS, both of these provisions are silent on the question of how and where marijuana concentrate may be processed for medical or personal use; and WHEREAS, on May 29, 2015, the Governor signed House Bill 15-1305 into law; and WHEREAS, House Bill 15-1305 prohibits the use of inherently hazardous substances, including any liquid chemical, compressed gas, or commercial product such as butane, propane, and diethyl ether, from being used during the manufacture of marijuana concentrate; and WHEREAS, House Bill 15-1305 makes it a level two (2) drug felony to use an inherently hazardous substance in the manufacture of marijuana concentrate; and WHEREAS, House Bill 15-1305 specifically excludes all forms of alcohol and ethanol from the definition of inherently hazardous substances; and WHEREAS, Staff believes the use of alcohol and ethanol in the marijuana extraction process in locations other than licensed medical and retail marijuana manufacturing products facilities is a significant danger to the citizens of the City; and 5.5 Packet Pg. 78 Attachment: Ordinance No. 119, 2015 (3593 : SR 116-119 Marijuana amendments) - 2 - WHEREAS, the prohibition of compressed gases and solvents currently in the City Code is a misdemeanor and staff believes the felony charge of HB 15-1305 will be better suited to protect the citizens of the City; and WHEREAS, by removing from the City Code provision the current prohibition of compressed gases and solvents, while retaining the prohibition of the use of alcohol and ethanol in the extraction process, under the combined provisions of state and local law the City may continue to guard against a significant danger to the inhabitants of the City; and WHEREAS, the City has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, City staff recommends that to better ensure the health, safety and welfare of the citizens of Fort Collins, the City should replace the current language of the provision prohibiting flammable gases and solvents with a prohibition against the use of alcohol and ethanol in the marijuana extraction process in the City other than in licensed medical and retail marijuana manufacturing facilities; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 17-194 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-194. Use of alcohol, including ethanol for extractions prohibited. No person shall use alcohol, including ethanol, in the extraction of THC or other cannabinoids in the City. This Section shall not apply to any person licensed with the City or State who is extracting or manufacturing THC or other cannabinoids in a licensed medical marijuana infused products manufacturing facility or in a licensed retail marijuana products manufacturing facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder, including any and all necessary permits. 5.5 Packet Pg. 79 Attachment: Ordinance No. 119, 2015 (3593 : SR 116-119 Marijuana amendments) - 3 - Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.5 Packet Pg. 80 Attachment: Ordinance No. 119, 2015 (3593 : SR 116-119 Marijuana amendments) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Craig Horton, Police Lieutenant Tessa Greegor, FCBikes Program Manager SUBJECT Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New Part 21 Regulating Bicycles. B. Second Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions. These Ordinances, unanimously adopted on First Reading on September 15, 2015, reorganize the provisions regulating bicycles in the Fort Collins Traffic Code to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (PDF) 2. Ordinance No. 120, 2015 (PDF) 3. Ordinance No. 121, 2015 (PDF) 6 Packet Pg. 81 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY September 15, 2015 City Council STAFF Craig Horton, Police Lieutenant Tessa Greegor, FCBikes Program Manager SUBJECT Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New Part 21 Regulating Bicycles. B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions. The purpose of this item is to reorganize the provisions regulating bicycles in the Fort Collins Traffic Code (the “FCTC”) to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety goals established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions regulating bicycles that are currently dispersed sporadically throughout various sections of the FCTC into a new Part 21 of the FCTC. Part 21 provides a common, easy to read reference both for bicycle riders and officers enforcing the bicycle laws. Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Building on the City’s designation as a Platinum-level Bicycle Friendly Community, the 2014 Bicycle Master Plan developed a vision and a comprehensive set of recommendations for improving the safety and accessibility of bicycling for people of all ages and abilities, across the community. The 2014 Bicycle Master Plan recommends improved bicycle-related enforcement strategies as an integral component of increasing bicycle safety. Following the adoption of the Bicycle Master Plan, FC Bikes and Police Services partnered to further develop the recommended bicycle enforcement strategies including identifying improvements to the FCTC to support bicycle enforcement and education needs. The proposed amendments to the FCTC were developed by FC Bikes and Police Services and through stakeholder input. ATTACHMENT 1 6.1 Packet Pg. 82 Attachment: First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (3602 : SR 120 121 Bicycle Code Amendments) Agenda Item 13 Item # 13 Page 2 Current Ordinance Police Services and FC Bikes currently refer to a complicated spreadsheet to educate and enforce provisions of the FCTC that pertain to bicycles. Attachment 1 is the document police officers refer to when writing citations into Municipal Court for bicycle violations. The spreadsheet is cumbersome and difficult to read and therefore, it is difficult to educate officers and the public about its contents. The various citations for common bike offenses are found in Sections 1412, 221, 224, 802, and by reference 603, 1401 and 1402 of the FCTC. The fines are disparate, running from $25 to $100. Some charges carry a mandated $35 Traffic Calming Surcharge but most do not. The most expensive tickets written for bicycle related violations can total $170 in fines and costs. The least expensive bicycle tickets are $60 inclusive of costs. Aside from the difficulties in navigating the FCTC’s bicycle provisions is the simple fact that police officers are reluctant to write bicyclists $170 tickets. Consequently, police officers are less likely to regularly focus on bicycle enforcement efforts. Attachment 2 is a brochure the FC Bikes Program uses to explain the bike laws when teaching bicycle safety classes or distributing materials. The information is taken from the police officer’s enforcement manual. For the same reasons stated above, a bicycle safety instructor or citizen has to parse out from the FCTC the most important safety messages the City is trying to convey. The City should have a consistent and clear message for bicycle education and enforcement; however, the materials provided highlight the confusing nature of the Code as it relates to bicycles. Proposed Ordinances Ordinance No. 120, 2015-Amends various portions of Fort Collins Traffic Code and adds Part 21 exclusive to bicycle provisions. After careful review of the Traffic Code (FCTC), a new Part 21 is proposed for adoption. Part 21 brings together all of the FCTC’s provisions specific to bicycles. It is ordered with headings so that the sections are easy to follow. The new ordinance makes the law accessible to more citizens through its simple layout. Importantly, the law is ordered to emphasize certain provisions of the FCTC that, when violated, lead to the most common and most serious crashes involving people on bicycles. The crash information was provided by the City’s Traffic Operations Department and was used to identify priorities for enforcement. Importantly, no new language has been added to the FCTC; this is simply a reordering of the FCTC to highlight bicycle safety, and simplify and streamline education and enforcement. Attachment 3 shows the proposed enforcement section of the patrol officer’s manual. The simple design of the new Part 21 allows for more intuitive coordination of the education and enforcement messages as outlined below. The education message is listed first, followed by the supporting enforcement section from Part 21: 1. Always stop at a Stop Sign or Red Light a. FCTC 2101 – Disregarded a Traffic Control Device 2. Don’t ride carelessly or recklessly a. FCTC 2102 – Reckless and Careless Riding 3. Never ride off of a sidewalk into an intersection or street without looking first and stopping for cars a. FCTC 2103 – Suddenly left a place of safety 4. Always ride in the direction of traffic a. FCTC 2104 – Failed to ride as far right as safely possible 5. Always signal your intent to make a right or left turn a. FCTC 2105 – Failed to signal a turn 6.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (3602 : SR 120 121 Bicycle Code Amendments) Agenda Item 13 Item # 13 Page 3 6. Yield and give an audible signal to pedestrians on sidewalks and trails a. FCTC 2106 – Failed to yield to pedestrian or sign on sidewalk or trail 7. Use a bike light or headlamp at night and have a rear red reflector a. FCTC 2107 – Headlamp and reflectors required Ordinance No. 121, 2015-Removes bicycle violations from the Traffic Calming Surcharge ordinance. On June 15, 2010, Council amended Section 1-15(g) of the City Code to require the $35 Traffic Calming Surcharge (TCS) be assessed on the small number of bicycle violations that carry a fine of $100 or more. From 2010-2014, Municipal Court collected approximately $8,250 in Traffic Calming Surcharges (TCS) from 235 defendants, or an average of $1,645 per year. The financial impact of the fine collection is negligible; however the TCS was only added to the violations that already carry $100 fines. With the addition of the TCS and court costs, a defendant charged with running a stop sign on a bicycle can pay $170. The goal of all traffic safety enforcement is to influence motorist and bicyclist behavior. When addressing motorist violations, officers often receive a “Thank you” from a citizen, even when they have received a ticket. Positive interactions are more difficult to yield when officers are enforcing bike laws and writing cyclists very expensive tickets. Combined with the general leveling of the Municipal Court’s fine structure, removing the TCS will further simplify and increase the fairness of and enforcement of the bike provisions in the Traffic Code. Further actions Staff will recommend that the Municipal Court fine schedule for first offense bicycle violations be modified to a uniform $50. This requested action would raise the fine for almost all bicycle violations, which are currently set at $25, but would lower the highest fines from $100. A flattened fine structure is easy to communicate to the bicycle community and also to police officers. Staff has requested that the City Prosecutor consider reduced fines and costs if a defendant timely completes the City’s Bicycle Traffic Citation Course. The Bicycle Traffic Citation Course was created in response to the 2011 Bicycle Safety Education Plan and has proven successful, with documented positive learning outcomes. The class is an option for prosecutors to offer to defendants receiving bicycle violations. In the event the class is offered and completed, an $85 citation ($50 fine, $35 court fee) can be reduced to $35. CITY FINANCIAL IMPACTS Revenues from TCS go directly into TCS dedicated reserves and do not go to the General Fund. Removing the $35 bicycle violation surcharge will result in an average $1650 per year reduction in the TCS reserves per year. The impact is very small considering the yearly additions to the reserve balance have averaged nearly $350,000. The overall goal of the City Council’s 2014 Bicycle Master Plan is to increase the number of people safely riding bicycles in the City. Increasing the feeling of safety and security for bicyclists has a positive impact on the environment through increased ridership and subsequently reduced carbon emissions from motor vehicles. Consistent and effective education and enforcement pave the way to these goals. Additionally, by improving the safety of bicycling in Fort Collins, more people will choose to adopt this mode of transportation and recreation, thereby promoting a healthy community. 6.1 Packet Pg. 84 Attachment: First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (3602 : SR 120 121 Bicycle Code Amendments) Agenda Item 13 Item # 13 Page 4 BOARD / COMMISSION RECOMMENDATION Staff presented the enforcement initiative and proposed ordinance changes to the City’s Bicycle Advisory Committee (BAC) on April 27 and August 24, 2015. The BAC was positive about the changes. A formal endorsement was not requested from the committee. PUBLIC OUTREACH On April 21, 2015 the Coloradoan published a story headlined “Fort Collins bike code to increase enforcement, safety.” The article highlighted the proposed changes to the FCTC in general terms and also discussed the restructuring of the fines. The article was shared on Facebook 364 times, commented on 14 times and retweeted six times. On August 6, 2015, staff participated with Councilmember Cunniff in a Town Hall meeting about bicycle safety. Lt. Horton introduced the FCTC ordinance change in general terms as a way to make the bicycle laws more accessible to everyday people. Over 200 people attended this meeting. In addition to the City’s BAC, staff met with the following Committees to introduce the ordinance change and solicit feedback. Many of the suggestions received were worked into the proposal: Bicycle and Pedestrian Education Coalition: April 2, 2015 – Initial presentation and listening session May 5, 2015 – Update CSU Campus Bicycle Advisory Committee: April 9, 2015 – Initial presentation and listening session ATTACHMENTS 1. Police Officer's current reference material regarding bicycle laws (PDF) 2. Citizen's brochure regarding bicycle laws (PDF) 3. Proposed Police Officer reference material and Citizen brochure language (PDF) 4. Bicycle Advisory Committee, April 27 and August 24, 2015 (PDF) 6.1 Packet Pg. 85 Attachment: First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (3602 : SR 120 121 Bicycle Code Amendments) - 1 - ORDINANCE NO. 120, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE AND ADDING TO IT A NEW PART 21 REGULATING BICYCLES WHEREAS, bicycles are vehicles pursuant to the Fort Collins Traffic Code and the State of Colorado; and WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master Plan to increase ridership and to improve the safety of bicycle use in the City; and WHEREAS, the current bicycle provisions are dispersed throughout the Traffic Code making the provisions difficult to find and potentially confusing; and WHEREAS, City staff has recommended that the Fort Collins Traffic Code be amended to include all bicycle laws in a separate part to make it easier both for the citizens and law enforcement officers to locate such laws and better ensure the health, safety and welfare of the citizens of Fort Collins; and WHEREAS, the City Council has the authority to enact ordinances that are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That Section 221 of the Fort Collins Traffic Code is hereby amended to read as follows: 221. Personal mobility device equipment. (1 ) No other provision of this Part 2 and no provision of Part 3 of this Traffic Code shall apply to an EPAMD or to equipment for use on an EPAMD except those provisions in this Traffic Code made specifically applicable to such a vehicle. (2) Every EPAMD in use at the times described in Section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred (500) feet to the front. (3) Every EPAMD shall be equipped with a red reflector of a type approved by the State Department of Revenue, which shall be visible for six 6.2 Packet Pg. 86 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 2 - hundred (600) feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. (4 ) Every EPAMD when in use at the times described in Section 204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet. (5 ) An EPAMD or its rider may be equipped with lights or reflectors in addition to those required by Subsections (2) to (4) of this Section. Section 2. That Section 224 of the Fort Collins Traffic Code is hereby amended to read as follows: 224. Horns or warning devices. . . . (3) No low-power scooter shall be equipped with, nor shall any person use upon such a vehicle, a siren or whistle. . . . Section 3. That Subsection (3) of Section 802 of the Fort Collins Traffic Code is hereby amended to read as follows: 802. Pedestrians right-of-way in crosswalks. . . . (3) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle that is so close as to constitute an immediate hazard. . . . Section 4. That Section 1401 of the Fort Collins Traffic Code is hereby amended to read as follows: 1401. Reckless driving. A person who drives any motor vehicle or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. 6.2 Packet Pg. 87 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 3 - Section 5. That Section 1402 of the Fort Collins Traffic Code is hereby amended to read as follows: 1402. Careless driving. A person who drives a motor vehicle or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. Section 6. That Section 1412 of the Fort Collins Traffic Code is hereby deleted in its entirety. Section 7. That the Fort Collins Traffic Code is hereby amended by the addition of a new Section 1505 which reads in its entirety as follows: 1505. Sidewalks Restricted. Low-power scooters are restricted at all times from riding upon and along a sidewalk, or across a highway or street upon or along a cross-walk, except when the low-power scooter operator has dismounted the low-power scooter and is walking the low-power scooter under human power. Section 8. That the Fort Collins Traffic Code is hereby amended by the addition of a new Part 21 which reads in its entirety as follows: PART 21 – OPERATION OF BICYCLES, ELECTRIC ASSISTED BICYCLES AND OTHER HUMAN-POWERED VEHICLES. 2101. General Provisions. (1) Every person riding a bicycle or electrical assisted bicycle upon a roadway where bicycle and electrical assisted bicycle travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this Traffic Code, except those provisions of this Traffic Code that, by their very nature, can have no application. Said riders shall also comply with special rules set forth in this Part and when using streets and highways within the City, shall be subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in Section 42-4-111, C.R.S. Whenever the word vehicle is used in any of the driving rules set forth in this Traffic Code that are applicable to bicycle or electrical assisted bicycle riders, such term shall include bicycles and electrical assisted bicycles. 6.2 Packet Pg. 88 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 4 - (a) These regulations not in conflict with the Rules and Regulations promulgated by Colorado State University pursuant to Sections 23- 5-106 and 107, C.R.S. shall apply on the campus of the University. (b) The parent of any child or guardian of any ward shall not authorize or knowingly permit any child or ward to violate any provision of this Part. 2102. Reckless and Careless Riding. (1) A person who drives any bicycle or electrical assisted bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless riding. A person convicted of reckless riding of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S. (2) A person who drives a bicycle or electrical assisted bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances, is guilty of careless riding. A person convicted of careless riding of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S. 2103. Left Place of Safety No person shall suddenly leave a curb or other place of safety and ride a bicycle or electrical assisted bicycle into the path of a moving vehicle that is so close as to constitute an immediate hazard. 2104. Lane Usage. (1) (a) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadway set aside for the exclusive use of bicycles. (b) Persons riding bicycles two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. (2) (a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions: (I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as is reasonably 6.2 Packet Pg. 89 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 5 - prudent to facilitate the movement of such overtaking vehicle unless other conditions make it unsafe to do so. (II) A bicyclist may use a lane other than the right-hand lane when: (A) preparing for a left turn at an intersection or into a private roadway or driveway; (B) overtaking a slower vehicle; or (C) taking reasonably necessary precautions to avoid hazards or road conditions. (III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right. (b) A bicyclist shall not be expected or required to: (I) ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or narrow lanes; or (II) ride without a reasonable safety margin on the right-hand side of the roadway. (c) A person operating a bicycle upon a one-way roadway with two (2) or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as is reasonably prudent, subject to the following conditions: (I) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride as far to the left as is reasonably prudent to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist shall not be expected or required to: (A) ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, 6.2 Packet Pg. 90 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 6 - bicycles, pedestrians, animals, surface hazards or narrow lanes; or (B) ride without a reasonable safety margin on the left- hand side of the roadway. 2105. Turns. (1) (a) Except as otherwise provided in this Subsection (1), every person riding a bicycle or electrical assisted bicycle shall signal his or her intention to turn or stop in accordance with the provisions of Section 903; except that a person riding a bicycle or electrical assisted bicycle may signal a right turn with the right arm extended horizontally. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the bicycle or electrical assisted bicycle before turning and shall be given while the bicycle or electrical assisted bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle. (2) (a) A person riding a bicycle or electrical assisted bicycle intending to turn left shall follow a course described in Sections 901(1), 903 and 1007 or may make a left turn in the manner prescribed in Paragraph (b) of this Subsection (2). (b) A person riding a bicycle or electrical assisted bicycle intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction. (c) Notwithstanding the provisions of Paragraphs (a) and (b) of this Subsection (2), the City Traffic Engineer may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled and operators of bicycles or electrical assisted bicycles shall obey the directions of every such device. 6.2 Packet Pg. 91 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 7 - 2106. Sidewalks and Trails. (1) A person riding a bicycle or electrical assisted bicycle upon and along a recreational trail shall yield the right-of-way to any pedestrian using the recreational trail and shall give an audible signal or verbal warning before overtaking and passing any such pedestrian. (2) (a) A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians. (b) A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or ordinance. (c) A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including but not limited to the rights and duties granted and required by Section 802. (d) Motorized bicycles are restricted at all times from riding upon and along a sidewalk, or across a highway or street upon or along a crosswalk, except when the motorized bicycle operator has dismounted the motorized bicycle and is walking the motorized bicycle under human power. (3) The rider of an electrical assisted bicycle shall not use the electrical motor on a bike or pedestrian path or on a recreational trail unless otherwise authorized by the City Code. 2107. Lights, Reflectors and Equipment. (1) Every bicycle or electrical assisted bicycle in use at the times described in Section 204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred (500) feet to the front. 6.2 Packet Pg. 92 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 8 - (2) Every bicycle or electrical assisted bicycle shall be equipped with a red reflector of a type approved by the State Department of Revenue, which shall be visible for six hundred (600) feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. (3) Every bicycle or electrical assisted bicycle when in use at the times described in Section 204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet. (4) Every bicycle or electrical assisted bicycle shall be equipped with a brake or brakes that will enable its rider to stop the bicycle or electrical assisted bicycle within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement. (5) A bicycle or electrical assisted bicycle or its rider may be equipped with lights or reflectors in addition to those required by Subsections (1) through (3) of this Section. (6) No bicycle or electrical assisted bicycle shall be equipped with, nor shall any person use upon such a vehicle, a siren or whistle. 2108. Parking. (1) (a) A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. (d) A bicycle or electrical assisted bicycle may be parked on the road abreast of another such bicycle or electrical assisted bicycle near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic. 6.2 Packet Pg. 93 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 9 - (e) In all other respects, bicycles or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of Part 12 of this Traffic Code regulating the parking of vehicles. 2109. Riding Behavior. (1) A person riding a bicycle or electrical assisted bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (2) No bicycle or electrical assisted bicycle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped. (3) No person riding upon any bicycle or electrical assisted bicycle shall attach the same or himself or herself to any motor vehicle upon a roadway. (4) A bicycle or electrical assisted bicycle shall not be equipped with, nor shall any person use upon a bicycle or electrical assisted bicycle, any siren or whistle. (5) A person operating a bicycle or electrical assisted bicycle shall keep at least one (1) hand on the handlebars at all times. 2110. Regulatory. (1) A person engaged in the business of selling bicycles or electrical assisted bicycles at retail shall not sell any bicycle or electrical assisted bicycle unless the bicycle or electrical assisted bicycle has an identifying number permanently stamped or cast on its frame. (2) For the sake of uniformity of bicycle or electrical assisted bicycle safety rules throughout the State, the Colorado Department of Revenue, in cooperation with the Colorado Department of Transportation, shall prepare and make available to all local jurisdictions for distribution to bicycle and electrical assisted bicycle riders therein a digest of state regulations explaining and illustrating the rules of the road, equipment requirements and traffic control devices that are applicable to such riders and their bicycles or electrical assisted bicycles. The City Traffic Engineer may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within their respective jurisdictions. (3) Where suitable bike paths, horseback trails or other trails have been established on the right-of-way or parallel to and within one-fourth (¼) mile of the right-of-way of heavily traveled streets and highways, the Colorado Department of Transportation may, subject to the provisions of 6.2 Packet Pg. 94 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 10 - Section 43-2-135, C.R.S., by resolution or order, and the City Traffic Engineer may, where suitable bike paths, horseback trails or other trails have been established on the right-of-way or parallel to it within four hundred fifty (450) feet of the right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, animal rider, animal-drawn conveyance or other class or kind of nonmotorized traffic which is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the Colorado Department of Transportation or the City shall erect appropriate official signs giving notice thereof; except that with respect to controlled access highways, the provisions of Section 42-4-1010(3), C.R.S., shall apply. When such official signs are so erected, no person shall violate any of the instructions contained thereon. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 95 Attachment: Ordinance No. 120, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 1 - ORDINANCE NO. 121, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE TO BICYCLE TRAFFIC INFRACTIONS WHEREAS, bicycles are motor vehicles pursuant to the Fort Collins Traffic Code and the State of Colorado; and WHEREAS, in 2005, City Council passed Ordinance No. 167, 2005, which created a Traffic Calming Surcharge (“TCS”) on certain moving violations, to be used to fund the traffic calming measures and programs developed and implemented by Transportation Services and Police Services associated with the traffic calming program; and WHEREAS, in 2009, City Council passed Ordinance No. 136, which extended the TCS to bicyclists based on the increasing number of bicycle-involved accidents and bicycle-involved moving violations, and the resulting increase in the use of the Traffic Enforcement Unit’s resources; and WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master Plan to increase ridership and to improve safety of bicycles in the City while also providing an opportunity to take the City Bicycle Traffic Citation Course; and WHEREAS, City staff has recommended the Fort Collins Municipal Court level all fines for all first-time bicycle violations to $50; and WHEREAS, the TCS has collected a minimal amount of revenue each year and is a cost that cannot be eliminated by a municipal prosecutor during a plea bargaining process; and WHEREAS, staff has concluded that the TCS has not had a positive impact on bicyclist behaviors and compliance; and WHEREAS, staff is seeking a more effective means to influence bicyclist behavior and to increase the level of safety and compliance by bicyclists; and WHEREAS, by leveling all of the bicycle violation fines and eliminating the TCS on bicycle violations, the prosecutor in his or her discretion on a case-by-case basis will be able to offer the City’s Bicycle Traffic Citation Course, when appropriate in lieu of the $50 fine, and in that circumstance, the total cost will be $35 in court costs; and WHEREAS, staff believes that the option to enter into this type of plea negotiation would increase the incentives for bicyclists who receive bicycle violations to participate in the City’s Bicycle Traffic Citation Course, which is expected to improve bicycle safety in the City; and 6.3 Packet Pg. 96 Attachment: Ordinance No. 121, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 2 - WHEREAS, the City Council has determined that removing bicycles from the ambit of the TCS is in the best interest of the City and will advance the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1-15(g)(1) of the Code of the City of Fort Collins Fort Collins is hereby amended to read as follows: Sec. 1-15. General penalty and surcharges for misdemeanor offenses, traffic offenses and traffic and civil infractions. . . . (g) Assessment of traffic calming surcharge. A surcharge of thirty-five dollars ($35.) shall be assessed by the Municipal Court as set forth in this Section and shall be in addition to court fines, costs, other surcharges and fees. Said surcharge shall be assessed against any person who: (1) after a trial or hearing before the Court, a hearing officer, a referee or a jury, is found guilty of operating a motor vehicle in violation of any provision of the Fort Collins Traffic Code for which the Department of Revenue has assigned a penalty of one (1) or more; . . . Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.3 Packet Pg. 97 Attachment: Ordinance No. 121, 2015 (3602 : SR 120 121 Bicycle Code Amendments) - 3 - Passed and adopted on final reading on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.3 Packet Pg. 98 Attachment: Ordinance No. 121, 2015 (3602 : SR 120 121 Bicycle Code Amendments) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Second Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc Review of Additional Issues on Request. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 15, 2015, amends the City Code to allow City boards and commissions, upon request of the City Council or the City Manager, to participate in review and consideration of specified matters. This will allow participation at "Super Issue" meetings by board and commission members. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 15, 2015 (PDF) 2. Ordinance No. 122, 2015 (PDF) 7 Packet Pg. 99 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY September 15, 2015 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT First Reading of Ordinance No. 122, 2015 Amending Division 1 of Article II of Chapter 2 of the Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards and Commissions in Ad Hoc Review of Additional Issues on Request. EXECUTIVE SUMMARY The purpose of this item is to amend the City Code to allow City boards and commissions, upon request of the City Council or the City Manager, to participate in review and consideration of specified matters. This will allow participation at "Super Issue" meetings by board and commission members. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Board and commission members attended a meeting on February 24, 2014 to discuss ways to improve the board and commission system. One suggestion made by the members to improve communication with City Council was the notion of "Super Issue Meetings," where board and commission members are invited to attend the same meeting to discuss a topic or issue. Since then, five Super Issue meetings have been held, covering such topics as Affordable Housing, Nature in the City, and Broadband. Chapter 2, Article III of Fort Collins' City Code describes the duties of each board or commission. Ordinance No. 122, 2015 adds a section to City Code to permit board and commission participation in discussions of specified matters on request of the City Council or City Manager, including Super Issue Meetings. ATTACHMENT 1 7.1 Packet Pg. 100 Attachment: First Reading Agenda Item Summary, September 15, 2015 (3603 : SR 122 BC Super Issue) - 1 - ORDINANCE NO. 122, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING DIVISION 1 OF ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD A NEW SECTION TO PROVIDE FOR PARTICIPATION BY BOARDS AND COMMISSIONS IN AD HOC REVIEW OF ADDITIONAL ISSUES ON REQUEST WHEREAS, Article III of Chapter 2 of the Code of the City of Fort Collins (“City Code”) establishes the basic means of operation of the City’s boards and commissions, and sets out for each such board and commission an identified list of functions; and WHEREAS, in discussion of ways to facilitate citizen participation in the City’s boards and commissions and improve the manner in which those bodies function it has been suggested that there be a means of inviting members of the various boards and commissions to meet together to learn about and discuss key topics or issues; and WHEREAS, in light of the success of such “Super Issue” meetings in engaging a cross- section of board and commission members in the timely discussion of issues of interest to the City, staff has recommended that the Code be amended to describe a clear process for inviting boards and commissions to participate in discussion of matters not specifically identified in their stated functions; and WHEREAS, the City Council believes that creating an established process for and recognition of the engagement of boards and commissions in the discussion of broader policy issues is in the best interests of the City and will further enhance the efficiency and effectiveness of City operations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Division 1 of Article III of Chapter 2 of the Code of the City of Fort Collins is hereby amended to add a new Section 2-75, to read as follows: Sec. 2-75. board and commission consideration of matters upon request. In addition to the duties and functions specified in this Article III for any particular board or commission, each such board or commission is hereby authorized to participate on a case-by-case basis in the review, discussion and advisement of Council regarding any policy or program matter, upon the request of the City Council or the City Manager. 7.2 Packet Pg. 101 Attachment: Ordinance No. 122, 2015 (3603 : SR 122 BC Super Issue) - 2 - Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk 7.2 Packet Pg. 102 Attachment: Ordinance No. 122, 2015 (3603 : SR 122 BC Super Issue) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 123, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. EXECUTIVE SUMMARY The purpose of this annual budget adjustment ordinance is to combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2015 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. BACKGROUND / DISCUSSION This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds, and authorizes the transfer of appropriated amounts between funds. The City Charter permits the City Council to provide, by ordinance, for payment of any expense from prior year reserves. The Charter also permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City Manager, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. The following changes have been made since these requests were reviewed by the City Council Finance Committee: $700,000 – added for needed transfer from the General Fund to the Self Insurance Fund (this is a requirement of governmental fund accounting, and no additional expenses are associated with this transfer). $39,089 – items D3 ($5,225) and D4 ($33,864) below were inadvertently left out of the City Council Finance Committee review. If any of the appropriations included in this AIS are not approved, the City will have to reduce expenditures even though revenue and reimbursements have been received to cover those expenditures. The table below is a summary of the expenses in each fund that make up the increase in requested appropriations. Also included are intra-fund transfers which do not increase total appropriations, but per the City Charter require City Council approval to make the transfer. A table with the specific use of prior year reserves appears at the end of the AIS. 8 Packet Pg. 103 Agenda Item 8 Item # 8 Page 2 Funding Unanticipated Revenue Prior Year Reserves Transfers between Funds TOTAL General Fund $1,256,224 $1,142,913 $0 $2,399,137 Sales & Use Tax Fund $0 $2,678,088 $0 $2,678,088 Benefits Fund $0 $1,900,000 $0 $1,900,000 Capital Projects Fund $135,884 $0 $373,157 $509,041 Equipment Fund $82,485 $0 $0 $82,485 Golf Fund $149,000 $0 $0 $149,000 Natural Areas Fund $64,209 $0 $1,339,044 $1,403,253 Recreation Fund $202,709 $17,000 $0 $219,709 Street Oversizing $0 $34,157 $0 $34,157 Self Insurance Fund $0 $0 $700,000 $700,000 Transit Services Fund $1,295,220 $0 $0 $1,295,220 Transportation Fund $553,000 $1,525,667 $0 $2,078,667 Transportation Fund (Snow Removal) $0 $500,000 $0 $500,000 GRAND TOTAL $3,738,731 $7,797,825 $2,412,201 $13,948,757 A. GENERAL FUND 1. Fort Collins Police Services (FCPS) has received revenue from various sources which need to be appropriated to cover the related expenditures. A listing of these items follows: a. $34,711 – In 2015 Police received an additional award from the Rocky Mountain High Drug Trafficking Area for $34,711. The funding was used to offset some of the costs for a case worked by the Northern Colorado Drug Task Force. b. $6,660 – 2015 Seatbelt Grant - In 2015, Fort Collins Police received a grant from the Colorado Department of Transportation for two waves of Seatbelt Enforcement. The grant paid for officers to work overtime to conduct enforcement activities. c. $16,544 – 2015 High Visibility DUI Grant – In 2015, Fort Collins Police received $16,544 in grant funds from the Colorado Department of Transportation to pay for overtime for DUI enforcement. d. $7,027 – 2014 Law Enforcement Assistance Funds (LEAF) DUI Grant - For the January through June 2015 timeframe, Fort Collins Police received $7,027 in grant funding from the Colorado Department of Transportation to pay for overtime for DUI enforcement through June 30, 2015. e. $143,750 – Police Overtime and Straight Time Reimbursement - In 2015, Police Services received reimbursement from various entities for overtime expenses. The different activities include: CSU football traffic control, Tour De Fat, Brew Fest, New West Fest, regional auto theft case investigations, Poudre School District school board meetings, MAX implementation, and noise ordinance violation workshops. Additionally, in 2015 FCPS partnered with Larimer County to staff events at The Ranch. Additionally, Police Services implemented a new CAD system in conjunction with Larimer County where a significant amount of overtime was incurred to install the system, troubleshoot problems and train staff. f. $54,875 – Police Report Fees - Police reports purchased by the public and insurance agencies generate revenue of approximately $7.50 a report. For 2015, it is estimated that $54,875 will be collected. The revenue from this fee is used to subsidize the cost of copy machine rental expenses. g. $23,640 – Poudre Valley Hospital Dispatch Contract Revenue (PVH) - This request is to appropriate revenue received from PVH that is in excess of what was estimated. Every year the hospital contracts with FCPS to provide dispatch service. The contracted amount is based on the total budget multiplied 8 Packet Pg. 104 Agenda Item 8 Item # 8 Page 3 by the percentage of calls received for ambulance service. The revenue was used in 2015 to pay for Fort Collins 911 Center maintenance expenses. h. $174,963 - Larimer County Share of CRISP Maintenance Costs - The IGA between The City of Fort Collins and Larimer County states that Larimer County will pay for 50% of the annual maintenance agreement for the Tiburon/CAD system. In prior years, the City only expensed half the contract cost, as that was the net expense to the City. Starting with 2015, the City will recognize the full expense for the contract as well as the revenue from the county. This change was made after the adoption of the 2015 budget, therefore additional appropriation needs to be made to allow the City to pay the full amount. FROM: Unanticipated Revenue (Miscellaneous Police) $397,228 FROM: Unanticipated Revenue (High Intensity Drug Traffic Grant) $34,711 FROM: Unanticipated Revenue (2015 Seatbelt Grant) $6,660 FROM: Unanticipated Revenue (2015 High Visibility DUI Grant) $16,544 FROM: Unanticipated Revenue (2014 LEAF DUI Grant) $7,027 FOR: Police Services $198,625 FOR: Fort Collins 911 Center Maintenance expenses $23,640 FOR: Tiburon/CAD system $174,963 FOR: High Intensity Drug Traffic Grant $34,711 FOR: Seatbelt Grant $6,660 FOR: High Visibility DUI Grant $16,544 FOR: LEAF DUI Grant $7,027 2. Operation Services is requesting funds for: a. $23,451 - Investigation Replacement Unit - Police Investigation totaled a unit this spring (not a patrol vehicle). We are requesting a budget increase for the cost of a Nissan Leaf that replaced the vehicle. We will be using insurance money to pay for the Leaf. b. $37,853 - Police Patrol Replacement Unit - Police Patrol totaled a unit this spring. We are requesting a budget increase for the cost of a new patrol vehicle that replaced the totaled vehicle. We will be using insurance money to pay the expense of the new vehicle and equipment. c. $75,000 - Building Repair and Maintenance (BRM) Additional Revenue and Expense - Unanticipated revenue from work that was not planned in non-general fund departments. We are requesting $75,000 appropriation for this additional revenue. FROM: Unanticipated Revenue (insurance proceeds) $61,304 FROM: Unanticipated Revenue (WFO) $75,000 FOR: Police Vehicle Purchases $61,304 FOR: WFO Building Repair and Maintenance $75,000 3. This request is to appropriate $389,913 to cover the payment of rebates made in 2015. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tax Rebates were paid out in August 2015 for the 2013 rebate program. The rebate program was established to encourage investment in new manufacturing equipment by local manufacturing firms. Vendors have until December 31st of the following year to file for the rebate. This item appropriates the use tax funds to cover the payment of the rebates. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $389,913 FOR: Manufacturing Use Tax Rebates $389,913 4. This request is to appropriate $700,000 from General Fund reserves for payouts on claims incurred over this and previous years that resulted in payments of substantial legal fees and claims settlements. The budgeted amount of $1,200,000 in 2015, based upon our experience in previous years, will not be adequate to cover 2015 expenses and all claim payments incurred in 2015 regardless of their year of 8 Packet Pg. 105 Agenda Item 8 Item # 8 Page 4 occurrence. The projection is based upon a review of five prior years plus current year to date claims information as well as external actuarial reports. As an internal services department, revenue in the form of department allocations is not adequate to cover claim payments which will be addressed in the next budget cycle. A supplemental appropriation of $700,000 is being requested for 2015. FROM: Prior Year Reserves $700,000 FOR: Transfer to Self Insurance Fund $700,000 5. Environmental Services sells radon test kits at cost as part of its program to reduce lung cancer risk from in-home radon exposure. This appropriation would recover kit sales revenue for the purpose of restocking radon test kits. FROM: Unanticipated Revenue (from radon kit sales) $4,276 FOR: Radon Test Kits $4,276 6. The City of Fort Collins received the David R. Keller Prize for Innovation in Sustainability for adopting updated, ambitious community greenhouse gas goals in March 2015. The $5,000 cash award will be used to support the work being done by A-Train Marketing Communications Inc. to develop messaging to inspire community action to reduce greenhouse gas emissions. FROM: Unanticipated Revenue (grants) $5,000 FOR: Reduction of Greenhouse Gas Emissions projects $5,000 7. In 2015, the City of Fort Collins received $500,000 in Brownsfield grant funds from the Environmental Protection Agency to conduct environmental assessments of property within the City and County. These funds have been targeted for assessments in the North College Urban Renewal Area and River District portion of Old Town. Partners on the grant include the Downtown Development Authority and Larimer County. This is a reimbursable grant. FROM: Unanticipated Revenue (grants) $500,000 FOR: Environmental assessments in the North College Urban Renewal $500,000 Area and River District portion of Old Town 8. The Forestry Department requests to appropriate unanticipated revenue from reimbursement claims for damages to trees caused by accidents. FROM: Unanticipated Revenue $2,809 FOR: Forestry Maintenance $2,809 9. The Gardens on Spring Creek request appropriations of unanticipated revenues. Revenues increased beyond projections due to increased programs such as the Spring Plant Sale and Youth Summer Camps and increased donations due to the popularity of the Gardens. Appropriations are needed for the additional cost of expanded programs including staffing, supplies, credit card fees, etc. FROM: Unanticipated Revenue $49,000 FOR: Gardens on Spring Creek Programs and Operations $49,000 10. Pursuant to state law, District 6 candidate Carl Wangsvick requested and paid for a recount of the votes cast in the District 6 Council race. The actual cost of that recount was $8,902. This appropriates those funds into the City Clerk's Election budget to offset the recount expenses. FROM: Unanticipated Revenue $8,902 FOR: Election Recount Expenses $8,902 11. This request is intended to cover expenses related to land bank property maintenance needs for 2015. As expenses vary from year-to-year, funding is requested annually mid-year to cover these costs. Expenses 8 Packet Pg. 106 Agenda Item 8 Item # 8 Page 5 for 2015 include general maintenance of properties, raw water and sewer expenses, market analysis and property appraisals. In addition, substantial deferred maintenance must be completed before a land bank property can be rented out again. This land bank parcel is being held for future development, which is not likely to occur for at least two years. FROM: Prior Year Reserves (Land Bank Reserve) $53,000 FOR: Land Bank Expenses $53,000 12. The Fort Collins Convention and Visitors Bureau (FCCVB) has been awarded an $87,764 grant from the Colorado Welcome Center through the State of Colorado. These funds will be disbursed by the State of Colorado and directed through the City of Fort Collins, pursuant to State of Colorado requirements, then paid to the FCCVB. The grant period will run from July 1, 2015 through June 30, 2016. FROM: Unanticipated Revenue (grant) $87,764 FOR: Fort Collins Convention and Visitors Bureau $87,764 B. SALES AND USE TAX FUND 1. The sales and use tax revenue received in 2014 was higher than projected and existing appropriations were not adequate to make the full transfer from the Sales and Use Tax Fund to the Capital Projects Fund for the one quarter cent Building on Basics tax, and to the Natural Areas Fund for the one quarter cent Natural Areas tax. Adjustments to other funds are not needed because the tax revenues are recorded directly into those funds. This item appropriates additional funds in the amount of $2,678,088 from prior year reserves for transfer from the Sales and Use Tax Fund to the Capital Projects Fund for the Building on Basics tax of $1,339,044, and for transfer to the Natural Areas Fund for the Natural Areas tax of $1,339,044. FROM: Prior Year Reserves (Sales & Use Tax Fund) $2,678,088 FOR: Transfer to Capital Projects - Building on Basics $1,339,044 FOR: Transfer to Natural Areas Fund $1,339,044 C. BENEFITS FUND 1. An additional appropriation of approximately $1.9M is requested from reserves in the Benefits Fund. Benefit costs are increasing greater than anticipated, driven by both additional staff covered by the Affordable Health Care Act in 2015/16 and claims costs continuing to grow at a greater rate than forecasted. On average, medical claims grew approximately 5.5% per year from 2009 through 2012. In 2013 and 2014, claims increased 9% and 7.5% respectively. In looking at the first eight months of 2015, the growth in medical claims is trending toward an increase in excess of 8% or more, compared to 2014. Claims expenditures are projected to exceed budgeted appropriations by $1.7M. Additional appropriations of approximately $200,000 are also needed to cover estimated fees associated with the Affordable Care Act (“ACA”). It is anticipated that the additional request of $1.9M will not adversely affect the minimum fund balance requirement necessary at the end of 2015. FROM: Prior Year Reserves $1,900,000 FOR: Benefits Fund Expenses $1,900,000 D. CAPITAL PROJECTS FUND 1. As part of the Lincoln Avenue Improvements Project, additional funds have been received from 2 developers, Odell Brewing Co. and McKee Brothers, Inc., as payment to construct the local street improvements for Lincoln Avenue adjacent to Odell Brewing Co. and In-Situ Subdivision. (See Street Oversizing Fund Item #I1) FROM: Unanticipated Revenue (Contributions in Aid) $96,795 FROM: Transfer from the Street Oversizing Fund $34,157 8 Packet Pg. 107 Agenda Item 8 Item # 8 Page 6 FOR: Construction of local street improvements for Lincoln Ave. $130,952 adjacent to Odell Brewing Co. and In-Situ Subdivision. 2. This item is related to the EPIC water quality and bulkhead improvements. Currently $339,000 resides in the Facilities operating budget. Since this is a capital project, we are requesting it to be transferred to the Capital Projects Fund. This allows us to have the entire cost of the project budgeted in one Capital Project. There is no increase to the Citywide appropriation. (See General Fund Item #2a). FROM: Transfer from General Fund (Op Svcs) $339,000 FOR: EPIC Water Quality and Bulkhead Improvements $339,000 3. As part of the Willow Street River District Improvements Project, additional funds have been received from the developer as payment to construct the local street improvements adjacent to the site that were completed by the City at 400 Linden Street. FROM: Unanticipated Revenue (developer payment) $5,225 FOR: Willow Street River District Improvements Project $5,225 4. As part of the North College Avenue, Phase III, Conifer to Willox Project, additional funds have been received from the property owner at 900 North College Avenue for right-of-way purchase and the cost for the local street obligation. FROM: Unanticipated Revenue (property owner funds) $33,864 FOR: N. College Ave., Phase III, Conifer to Willox Project $33,864 E. EQUIPMENT FUND 1. Appropriation of unanticipated grant revenue from the Regional Air Quality Council to purchase Compressed Natural Gas (CNG) vehicles: One semi-tractor, four tandem dump trucks, and two Utility Line trucks. The total amount of grant funding is $82,485 with a 20% match covered by the departments’ existing appropriations. This is a reimbursable grant. FROM: Unanticipated Revenue (grant) $82,485 FROM: CNG Vehicles $82,485 F. GOLF FUND 1. This item is to appropriate unanticipated revenue in the Golf Fund to replace the three range ball machines that are 15 to 20 years old. New technology in range ball machines will allow interfacing with the City's GolfTrac System, provide reports on use, improve overall accountability and internal controls over the driving range revenue, and improve customer service. With improved accountability and internal controls, revenue increases should provide a full return of this investment within the next five years. The current machines are not reliable and any issues with the machines will impact customer service. This is an immediate unanticipated issue that needs to be address by year end. This request includes electrical work that needs to be done at each course to accommodate the machines and the cost of the machines. FROM: Unanticipated Revenue $58,000 FOR: Golf Driving Range Ball Machines $58,000 2. During 2014 all golf pro contracts and the Collindale restaurant concessionaire contract were renegotiated. Several unanticipated expenses have occurred due to these contract negotiations and the Golf Division’s assuming full responsibility and control over the three driving ranges. Unanticipated projects included carpet at Collindale as part of the negotiation with Potts - $26,000, renovation of the SouthRidge driving range, which was a necessary improvement for the City to maximize its revenues and improve customer service - $19,000, and replacement of the rangeball picker machine at Collindale - $11,000. It was also determined this summer that the kitchen floor and drain at the Collindale Clubhouse has been leaking into 8 Packet Pg. 108 Agenda Item 8 Item # 8 Page 7 the basement ceiling. The drain and the tile floor need to be resealed to eliminate the leaking. This work needs to occur during warm weather for proper ventilation and the clubhouse will need to be closed to the public for approximately one week during this time. It is the least impactful to the golfing community if the clubhouse is closed this fall instead of next spring. This issue is unanticipated and needs to be mitigated as soon as possible. The cost is estimated to be $35,000. Unanticipated 2015 revenue in the Golf Fund will be used to cover these costs. FROM: Unanticipated Revenue $91,000 FOR: Carpet at Collindale $26,000 FOR: Renovation of Southridge Driving Range $19,000 FOR: Replacement of Rangeball Picker Machine at Collindale $11,000 FOR: Kitchen Drain and Tile Floor Resealing at Collindale Clubhouse $35,000 G. NATURAL AREAS FUND 1. The sales and use tax revenue received in 2014 was higher than projected and existing appropriations were not adequate to make the full transfer from the Sales and Use Tax Fund to the Natural Areas Fund for the one quarter cent Natural Areas tax. (See Sales & Use Tax Fund Item #1) This item appropriates funds in the amount of $1,339,044 transferred from the Sales and Use Tax Fund to the Natural Areas Fund for Land Conservation expenses. FROM: Unanticipated Revenue (Transfer In) $1,339,044 FOR: Natural Areas Expenses $1,339,044 2. The City of Fort Collins Natural Areas Department has been awarded a grant of $10,000 from the History Colorado State Historical Fund. The grant will be used to fund a Historic Structure Assessment of the Great Western Sugar Company Effluent Flume and Bridge, which spans the Cache la Poudre River on Kingfisher Point Natural Area. The Historic Structure Assessment will be performed by an engineering firm with experience in restoration of historic structures and will take approximately 6 months to complete. FROM: Unanticipated Revenue (grant) $10,000 FOR: Historic Structure Assessment of the Great Western $10,000 Sugar Company Effluent Flume and Bridge 3. Grant from Rocky Mountain Bird Observatory for revegetation of Sterling Natural Area for the purposes of grading important bird habitat. FROM: Unanticipated Revenue (grant) $4,209 FOR: Revegetation of Sterling Natural Area $4,209 4. Wetlands for Wildlife Grant for work done at the Shields Pit Restoration project. FROM: Unanticipated Revenue (grant) $50,000 FOR: Shields Pit Restoration Project $50,000 H. RECREATION FUND 1. The purpose of this item is to appropriate sub-grant funds from the Colorado Department of Public Health and Environment through Poudre Valley Health Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO). The Vida Sana Program addresses health disparities among community members in Fort Collins. Specific interventions include providing culturally congruent exercise programming through the Northside Aztlan Community Center. The grant is reimbursable upon expenditure by Recreation. FROM: Unanticipated Revenue (grant) $64,709 FOR: Vida Sana Recreation Programs $64,709 8 Packet Pg. 109 Agenda Item 8 Item # 8 Page 8 2. Fitness programs at Northside Aztlan and the newly expanded Senior Center have been very successful this year which increased revenues and created related increases in expenses. The Trips and Travel program geared to the 50+ population has also been successful. The additional expenses are offset by an increase in revenue through participation fees. FROM: Unanticipated Revenue $138,000 FOR: Recreation Programs $138,000 3. The purpose of this item is to appropriate $17,000 in interest earnings received in December 2014 from the Community Foundation of Northern Colorado - Senior Center Endowment Fund to replace chairs at the Senior Center. FROM: Prior Year Reserves $17,000 FOR: Chair Replacement at Senior Center $17,000 I. STREET OVERSIZING FUND 1. As part of the Lincoln Avenue Improvements Project, additional funds have been received from 2 developers, Odell Brewing Co. and McKee Brothers, Inc., as payment to construct the local street improvements for Lincoln Ave. adjacent to Odell Brewing Co. and In-Situ Subdivision. This appropriation is for the transfer of previously received funds from the Street Oversizing Fund to the Capital Projects fund to be used for Lincoln Avenue improvements. (See Sales & Use Tax Fund Item #1) FROM: Prior Year Reserves $34,157 FOR: Transfer to the Capital Projects Fund $34,157 J. TRANSIT SERVICES FUND 1. The City of Fort Collins has entered into agreements with each of its three Transportation Management Area (TMA) partners (Loveland, Berthoud, and the North Front Range Metropolitan Planning Organization (NFRMPO)) to transfer local funds to the partners in exchange for the partner's allocation of federal formula funding. These agreements are specific to Federal Fiscal Year (FFY) 2015 FTA Section 5307 and Section 5339 formula grants. This request for additional appropriations to match the sum of the agreed- upon local funds exchange is fully funded with additional federal funding. FROM: Unanticipated Revenue (grant) $1,230,505 FOR: Pass-Thru Funding to Transportation Management Area $1,230,505 2. The City of Fort Collins is the recipient of $40,000 in unanticipated 2015 FTA Section 5304 funds administered by CDOT. The funding was awarded to the City, in a competitive grant award process by CDOT, to fund, at an 80% capital match ratio, a comprehensive route improvement study. FROM: Unanticipated Revenue (grant) $40,000 FOR: Comprehensive Route Improvement Study $40,000 3. Transfort has entered into an agreement with Colorado State University (CSU) to provide additional service for the HORN bus route. This request will fund the first half of the 2015-2016 school year with a further request due in 2016 for the entirety of additional service in 2016. FROM: Unanticipated Revenue (CSU) $24,715 FOR: HORN Bus Route Service $24,715 8 Packet Pg. 110 Agenda Item 8 Item # 8 Page 9 K. TRANSPORTATION SERVICES FUND 1. The PVH and MCR Foundation provided $3,000 to be used to support the FC Bikes Bicycle Ambassador Program. This funding will support bicycle education and outreach initiatives to advance bicycle safety in Fort Collins. FROM: Unanticipated Revenue (grant) $3,000 FOR: FC Bikes Bicycle Ambassador Program $3,000 2. The Planning, Development and Transportation Work for Others is a self-supported program for all “Work for Others” (WFO) activities within Streets, Traffic and Engineering. Expenses are tracked and billed out to other City departments, Poudre School District, CSU, CDOT, Larimer County, developers and other public agencies. The original budget of $2,943,000 was an estimate based on scheduled projects. Additional unanticipated projects were added in 2015. In addition, the Streets Department is anticipating traffic control and patching projects for other departments similar to 2014. Additional appropriations of $550,000 are needed to cover labor, material and equipment costs that will be recovered upon completion of the various projects. FROM: Unanticipated Revenue (WFO) $550,000 FOR: Traffic Construction $250,000 FOR: Streets WFO $300,000 3. The Parking Fund was created in 2015 to segregate parking revenues and expenditures that were previously reported in the Transportation Fund. This provides greater transparency for Parking activities. This action transfers prior year reserves previously identified for Parking from the Transportation Fund to the Parking Fund in the amount of $1,525,667. FROM: Prior Year Reserves (Parking) $1,525,667 FOR: Transfer to the Parking Fund $1,525,667 4. Due to the number of storms in January and February 2015, the 2015 snow budget has been depleted. There were ten storms and approximately 20” of snow in this timeframe. February 2015 had the heaviest snowfall since 1923. Extensive ice cutting was required because of the weather pattern. Warmer days, bitter cold nights, and waves of freezing rain or snow every few days caused ice to build up in gutters blocking drainage and causing ice dams and ice potholes. Clearing sidewalks and pedestrian access ramps also significantly impacted the snow removal budget. Additional funding of $500,000 is needed to provide snow removal services during the winter months of October through December 2015. This will cover labor, equipment and materials. FROM: Prior Year Reserves $500,000 FOR: Snow Removal $500,000 L. SELF INSURANCE FUND 1. This request is to appropriate $700,000, transferred from General Fund reserves, for payouts on claims incurred over this and previous years that resulted in payments of substantial legal fees and claims settlements. The budgeted amount of $1,200,000 in 2015, based upon our experience in previous years, will not be adequate to cover 2015 expenses and all claim payments incurred in 2015 regardless of their year of occurrence. The projection is based upon a review of five prior years plus current year to date claims information as well as external actuarial reports. As an internal services department, revenue in the form of department allocations is not adequate to cover claim payments which will be addressed in the next budget cycle. A supplemental appropriation of $700,000 is being requested for 2015. FROM: Transfer from the General Fund $700,000 FOR: Settlement and Claims $700,000 8 Packet Pg. 111 Agenda Item 8 Item # 8 Page 10 FINANCIAL / ECONOMIC IMPACTS This Ordinance increases total City 2015 appropriations by $13,948,757. Of that amount, this Ordinance increases General Fund 2015 appropriations by $2,399,137 including use of $1,142,913 in prior year reserves. Funding for the total City appropriations is $3,738,731 from unanticipated revenue, $7,797,825 from prior year reserves, and $2,412,201 transferred from other funds. The following is a summary of the items requesting prior year reserves: Item # Fund Use Amount A3 General Manufacturing Equipment Use Tax Rebate $389,913 A4 General 2015 higher than anticipated payouts on claims incurred over this and previous years 700,000 A11 General Land Bank Property Maintenance 53,000 B1 Sales & Use Tax Transfer of 2014 sales tax revenue for BOB and Natural Areas 2,678,088 C1 Benefits Additional Benefits costs 1,900,000 H3 Recreation Appropriate interest earnings from the Community Foundation of Northern Colorado - Senior Center Endowment Fund to replace chairs at the Senior Center 17,000 I1 Street Oversizing Lincoln Ave. Improvements, 1st to Lemay Project - additional funds from developers transfer to Capital Projects Fund 34,157 K3 Transportation Parking Fund - transfers prior year reserves previously identified for Parking from the Transportation Fund to the Parking Fund 1,525,667 K4 Transportation Snow Removal 500,000 Total Use of Prior Year Reserves: $7,797,825 8 Packet Pg. 112 - 1 - ORDINANCE NO. 123, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN VARIOUS CITY FUNDS AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN FUNDS OR PROJECTS WHEREAS, the City has unanticipated revenue and prior year reserves available to appropriate; and WHEREAS, in accordance with Article V, Section 8(b) of the City Charter, any expense or liability entered into by an agent of the City, on behalf of the City, shall not be made unless an appropriation therefor shall have been made by the City Council; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital project to another fund or capital project, provided the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the City wishes to provide for the expenditures listed below and the City Manager recommends that these expenditures be made. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following funds are hereby authorized for transfer and appropriated for expenditure for the purposes stated below: A. GENERAL FUND 1. APP. FROM: Unanticipated Revenue (Miscellaneous Police) $397,228 APP. FROM: Unanticipated Revenue (High Intensity Drug Traffic Grant) $34,711 APP. FROM: Unanticipated Revenue (2015 Seatbelt Grant) $6,660 APP. FROM: Unanticipated Revenue (2015 High Visibility DUI Grant) $16,544 APP. FROM: Unanticipated Revenue (2014 LEAF DUI Grant) $7,027 FOR: Police Services $198,625 FOR: Fort Collins 911 Center Maintenance expenses $23,640 FOR: Tiburon/CAD system $174,963 FOR: High Intensity Drug Traffic Grant $34,711 FOR: Seatbelt Grant $6,660 Packet Pg. 113 - 2 - FOR: High Visibility DUI Grant $16,544 FOR: LEAF DUI Grant $7,027 2. APP. FROM: Unanticipated Revenue (insurance proceeds) $61,304 APP. FROM: Unanticipated Revenue (Work for Others “WFO”) $75,000 FOR: Police Vehicle Purchases $61,304 FOR: WFO Building Repair and Maintenance $75,000 3. APP. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $389,913 FOR: Manufacturing Use Tax Rebates $389,913 4. APP. FROM: Prior Year Reserves $700,000 FOR: Transfer to the Self Insurance Fund $700,000 5. APP. FROM: Unanticipated Revenue (from radon kit sales) $4,276 FOR: Radon Test Kits $4,276 6. APP. FROM: Unanticipated Revenue (grants) $5,000 FOR: Reduction of Greenhouse Gas Emissions projects $5,000 7. APP. FROM: Unanticipated Revenue (grants) $500,000 FOR: Environmental assessments in the North College Urban Renewal $500,000 Area and River District portion of Old Town 8. APP. FROM: Unanticipated Revenue $2,809 FOR: Forestry Maintenance $2,809 9. APP. FROM: Unanticipated Revenue $49,000 FOR: Gardens on Spring Creek Programs and Operations $49,000 10. APP. FROM: Unanticipated Revenue $8,902 FOR: Election Recount Expenses $8,902 11. APP. FROM: Prior Year Reserves (Land Bank Reserve) $53,000 FOR: Land Bank Expenses $53,000 12. APP. FROM: Unanticipated Revenue (grant) $87,764 FOR: Fort Collins Convention and Visitors Bureau $87,764 B. SALES & USE TAX FUND 1. APP. FROM: Prior Year Reserves (Sales & Use Tax Fund) $2,678,088 FOR: Transfer to Capital Projects - Building on Basics $1,339,044 FOR: Transfer to Natural Areas Fund $1,339,044 Packet Pg. 114 - 3 - C. BENEFITS FUND 1. APP. FROM: Prior Year Reserves $1,900,000 FOR: Benefits Fund Expenses $1,900,000 D. CAPITAL PROJECTS FUND 1. APP. FROM: Unanticipated Revenue (Contributions in Aid) $96,795 APP. FROM: Transfer from the Street Oversizing Fund $34,157 FOR: Construction of local street improvements for Lincoln Ave. $130,952 adjacent to Odell Brewing Co. and In-Situ Subdivision 2. APP. FROM: Transfer from General Fund (Op Svcs) $339,000 FOR: EPIC Water Quality and Bulkhead Improvements $339,000 3. APP. FROM: Unanticipated Revenue (developer payment) $5,225 FOR: Willow Street River District Improvements Project $5,225 4. APP. FROM: Unanticipated Revenue (property owner funds) $33,864 FOR: N. College Ave., Phase III, Conifer to Willox Project $33,864 E. EQUIPMENT FUND 1. APP. FROM: Unanticipated Revenue (grant) $82,485 APP. FROM: Compressed Natural Gas Vehicles $82,485 F. GOLF FUND 1. APP. FROM: Unanticipated Revenue $58,000 FOR: Golf Driving Range Ball Machines $58,000 2. APP. FROM: Unanticipated Revenue $91,000 FOR: Carpet at Collindale $26,000 FOR: Renovation of Southridge Driving Range $19,000 FOR: Replacement of Rangeball Picker Machine at Collindale $11,000 FOR: Kitchen Drain and Tile Floor Resealing at Collindale Clubhouse $35,000 G. NATURAL AREAS FUND 1. APP. FROM: Unanticipated Revenue (Transfer In) $1,339,044 FOR: Natural Areas Expenses $1,339,044 2. APP. FROM: Unanticipated Revenue (grant) $10,000 FOR: Historic Structure Assessment of the Great Western $10,000 Sugar Company Effluent Flume and Bridge 3. APP. FROM: Unanticipated Revenue (grant) $4,209 FOR: Revegetation of Sterling Natural Area $4,209 Packet Pg. 115 - 4 - 4. APP. FROM: Unanticipated Revenue (grant) $50,000 FOR: Shields Pit Restoration Project $50,000 H. RECREATION FUND 1. APP. FROM: Unanticipated Revenue (grant) $64,709 FOR: Vida Sana Recreation Programs $64,709 2. APP. FROM: Unanticipated Revenue $138,000 FOR: Recreation Programs $138,000 3. APP. FROM: Prior Year Reserves $17,000 FOR: Chair Replacement at Senior Center $17,000 I. STREET OVERSIZING FUND 1. APP. FROM: Prior Year Reserves $34,157 FOR: Transfer to the Capital Projects Fund $34,157 J. TRANSIT SERVICES FUND 1. APP. FROM: Unanticipated Revenue (grant) $1,230,505 FOR: Pass-Thru Funding to Transportation Management Area $1,230,505 2. APP. FROM: Unanticipated Revenue (grant) $40,000 FOR: Comprehensive Route Improvement Study $40,000 3. APP. FROM: Unanticipated Revenue (Colorado State University) $24,715 FOR: HORN Bus Route Service $24,715 K. TRANSPORTATION SERVICES FUND 1. APP. FROM: Unanticipated Revenue (grant) $3,000 FOR: FC Bikes Bicycle Ambassador Program $3,000 2. APP. FROM: Unanticipated Revenue (Work for Others “WFO”) $550,000 FOR: Traffic Construction $250,000 FOR: Streets WFO $300,000 3. APP. FROM: Prior Year Reserves (Parking) $1,525,667 FOR: Transfer to the Parking Fund $1,525,667 4. APP. FROM: Prior Year Reserves $500,000 FOR: Snow Removal $500,000 Packet Pg. 116 - 5 - L. SELF INSURANCE FUND 1. APP. FROM: Transfer from the General Fund $700,000 FOR: Settlement and Claims $700,000 Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 117 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 124, 2015, Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Project Fund for the Lemay and Vine Intersection Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $244,723 of prior year reserves from the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project. The Engineering Department is currently working on the conceptual design and alternatives analysis for realigned Lemay Avenue and Suniga Drive, northeast of the existing Lemay and Vine intersection. The opportunity has come up to purchase road right-of-way and utility easements, per the City’s Master Street Plan, for realigned Lemay Avenue and Suniga Drive within the Kederike parcel. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Lemay Avenue realignment and intersection improvements have been prioritized as the City’s Number 1 Transportation Capital Improvement Project. The improvements will construct a new road and intersection (future Suniga Drive and Lemay Avenue) slightly north and east of the existing Vine Drive and Lemay Avenue. The project area is included within the City’s land use and economic development plan (Mountain Vista Subarea Plan) which was created as a long-term planning vision for the northeast section of Fort Collins. Improvement of the intersection has become a safety issue for local residents, the Burlington Northern Santa Fe (BNSF) railway, emergency services, and the travelling public. Project Goals: Community Revitalization-complete critical transportation improvements that will enhance connectivity for local neighborhoods to employment, schools, goods and services. Existing residents suffer from the constraints of congestion on a daily basis. Safety and Multi-Modal Connectivity-foster a safe, connected, resilient and accessible system for all modes of travel to key activity centers, access to high frequency transit service, and bicycle and pedestrian facilities. Commerce and Accessibility Improvements-construction of the improvements will help alleviate congestion along existing roadways and the BNSF rail corridor, which in turn helps improve rail operations and the overall ability to move goods and services efficiently. The existing Vine and Lemay intersection, which includes the BNSF Railway crossing, is severely congested with limited options to expand through lanes or turn capacity due to land use constraints. The City is currently 9 Packet Pg. 118 Agenda Item 9 Item # 9 Page 2 working on an alternatives analysis to determine the best plan to appropriately serve the project area, and increase safety to meet the needs of existing residents and the travelling public while balancing the growth of vehicle and train traffic. Interim and ultimate solutions for realigned Lemay Avenue include new at-grade intersections or overpass/underpass of the BNSF Railway at existing Vine Drive. CITY FINANCIAL IMPACTS This Council action will authorize the appropriation of prior year reserves in the Street Oversizing Fund and authorize the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the Lemay and Vine Intersection Project for the purchase of real property for future roadway construction. Council previously appropriated $1,000,000 of Keep Fort Collins Great (KFCG) funds through the Budgeting for Outcomes (BFO) process for the 2015-2016 budget cycle. Staff has prioritized the use of these funds to: Conduct an alternatives analysis for realigned Lemay Avenue at the BNSF and Vine Drive; Pursue right-of-way and easement acquisitions for realigned Lemay Avenue and Suniga Drive; Complete a preliminary design for realigned Lemay Avenue; and Develop and implement a communication and public outreach plan. Staff has been working to acquire needed right-of-way and easements for realigned Lemay Avenue and Suniga Drive, per the alignments identified on the Master Street Plan, through the Kederike parcel. The agreed upon price for the road (fee simple acquisition), slope and utility easements, closing fees, and title insurance is $522,335. The purchase of the road right-of-way and easements has been portioned out between an Engineering Capital obligation and a Street Oversizing obligation, consistent with the Street Oversizing model for responsibilities of developable parcels. The table below summarizes the purchase obligations for the Kederike property: Funding Summary Prior Appropriation from KFCG (Engineering Capital portion) $ 277,612 New Appropriation of Prior Year Reserves from Street Oversizing Fund $ 244,723 TOTAL $ 522,335 The purchase of road right-of-way and easements through the Kederike parcel will allow staff to move forward with the preliminary design after the conclusion of the Alternatives Analysis study. The proposed right-of-way areas will aid in the construction of short-term, interim improvements as options are developed through the alternatives analysis study. The long-term, ultimate solution will be the construction of two new four-lane arterial streets in realigned Lemay Avenue and Suniga Drive. BOARD / COMMISSION RECOMMENDATION This project has not been before any boards or commissions to date. Staff has hired a consultant team for the alternatives analysis, design, communication and outreach. More specific information about the timeline will be coming forward in the next few months and will be presented to boards, commissions and Council. PUBLIC OUTREACH Staff is currently working on a detailed communication and public outreach plan. Implementation of the plan will begin in late 2015 as staff collects feedback on the alternatives analysis. Staff will evaluate which specific communication tools will be used. The project website will be kept current with design and process information. <http://www.fcgov.com/engineering/vine-lemay.php> ATTACHMENTS 1. Location map (PDF) 9 Packet Pg. 119 9th St E Lin c oln Ave E Willox Ln N Lemay Ave N Timberline Rd E Vine Dr Mountain Vista Dr E Sunig a Rd S T i m berline R d Turnberry Rd S Lemay Ave ÕZYXW Realigned Lemay and Suniga Location Map ³ 0 0.25 0.5 0.75 1 Miles Legend Road Right-of-Way Acquisition Kederike Property ATTACHMENT 1 9.1 Packet Pg. 120 Attachment: Location map (3571 : Lemay and Vine Intersection Project) - 1 - ORDINANCE NO. 124, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STREET OVERSIZING FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR THE LEMAY AND VINE INTERSECTION PROJECT WHEREAS, the Lemay Avenue realignment and intersection improvements have been prioritized as the City’s highest Transportation Capital Improvement Project priority; and WHEREAS, the Engineering Department is currently working on a Conceptual Design and Alternatives Analysis for realigned Lemay Avenue and Suniga Drive; and WHEREAS, the improvements will construct a new road and intersection for the future Lemay Avenue and Suniga Drive slightly north and east of the existing Vine Drive and Lemay Avenue; and WHEREAS, the City has an opportunity to purchase fee title to a road right-of-way and utility easements; and WHEREAS, the total purchase amount is $522,335.00; and WHEREAS, $277,612.00 was previously appropriated from Keep Fort Collins Great funds; and WHEREAS, this Ordinance will appropriate the remaining cost of $244,723.00 from prior year reserves in the Street Oversizing Fund for transfer to the Capital Project Fund; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter permits the City Council during the fiscal year to transfer appropriations by ordinance from one fund or capital project account to another fund or capital project account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the Street Oversizing Fund the amount of TWO HUNDRED FORTY FOUR THOUSAND SEVEN HUNDRED TWENTY THREE DOLLARS ($244,723) and authorized for transfer to the Capital Projects Fund and appropriated therein for the Lemay and Vine Intersection Project. Packet Pg. 121 - 2 - Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 122 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 125, 2015, Appropriating Prior Year Reserves in the Capital Project Fund for the Building on Basics Intersection Improvements and the Street Oversizing Fund into the Capital Projects Fund for the Timberline Road–Drake Road to Prospect Road Improvement Project, and the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $1,300,000 of prior year reserves from the Building on Basics Fund and appropriate $200,000 of prior year reserves from the Street Oversizing Fund (total appropriation of $1,500,000) into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” Improvement Project. The initial budget for this project was established in 2013. Between conceptual planning in early 2013 and final design in late 2015, construction prices have risen between 30% and 50%. This appropriation will allow staff to finalize the design and construction of: safety, multi-modal, operational, and landscape improvements. The project will be constructed in 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The “Timberline Road-Drake Road to Prospect Road” was one of the original Building on Basics (BOB) projects approved in 2005. A good portion of the corridor improvements were completed through a special improvement district (SID); the remainder of the improvements were moved to the later years of BOB. In order to bring the street up to current standards, improve safety, reduce congestion, and satisfy the voter- approved ballot language, the following items need to be constructed: Sidewalk, curb and gutter along the west side of Timberline (Prospect to Bear Mountain); Landscaped medians and parkways on the rest of Timberline (Prospect to Blackbird); Landscaped medians on Prospect; and Right turn lane improvements and pork chop islands at the Timberline and Prospect intersection. In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study which classified the Timberline and Prospect intersection as a top-ranked location for needed safety and operational improvements. This project has been before Council on multiple occasions as staff has worked through the design and right-of-way acquisition phases: Ordinance No. 181, 2013 (Declaring City Owned Property as Road Right-of-Way); and Ordinance No. 043, 2015 (Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road Intersection Improvements Project). 10 Packet Pg. 123 Agenda Item 10 Item # 10 Page 2 The additional funding will allow staff to construct the plan as currently designed. The project components, as listed above, meet all of the BOB ballot language and are essential elements needed to accomplish the long- term operational and safety benefits at this intersection. CITY FINANCIAL IMPACTS This Council action will authorize the appropriation of prior year reserves from the BOB Fund and appropriating prior year reserves in the Street Oversizing Fund, and authorizing the transfer of appropriations from the Street Oversizing Fund into the Capital Project Fund for the “Timberline Road-Drake Road to Prospect Road” improvement project, and transferring appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. Staff has identified two funding sources to make up the project shortfall of $1,500,000. The first funding source is from the available BOB quarter-cent sales tax; the second funding source is from prior year reserves in the Street Oversizing Fund. The table below summarizes the existing and requested funding for the project: Funding Summary Prior Appropriation from BOB (2005) $3,500,000 New Appropriation of Prior Year Reserves from BOB $1,300,000 New Appropriation of Prior Year Reserves from Street Oversizing Fund $ 200,000 TOTAL $5,000,000 One percent (1%) of the $1.3 million BOB appropriation ($13,000) will be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program. Of the $13,000 APP contribution, $10,140 will be reserved for the APP artwork and $2,860 reserved for the maintenance of the artwork and operations of the APP program. Short and long term economic benefits of the intersection and corridor enhancements: Safety improvements resulting in fewer accidents; Easing of traffic congestion resulting in reduced fuel consumption; Optimization of signal timing to reduce vehicle delay resulting in improved air quality; and Decrease in accident and delay costs (as calculated per the Highway Safety Manual) PUBLIC OUTREACH Staff is currently working on a detailed Communication and Public Outreach Plan. Implementation of the Plan will begin in early 2016 and go through the end of construction. Key elements of the Plan include the project purpose, infrastructure changes and construction timeline. The Plan will tailor specific communication tools to the traveling public, business owners and local neighborhoods/schools. Additionally, during the conceptual design phase, Staff developed a website for the project. This website will be kept current with design and construction information. <http://www.fcgov.com/engineering/prospect-timberline.php> ATTACHMENTS 1. Location map (PDF) 2. Sustainability Assessment Summary and Tool (PDF) 10 Packet Pg. 124 Blackbird Dr E Pros p ect Rd S Timberline Rd Prospect and Timberline Location Map ³ 0 125 250 500 750 1,000 Feet Legend Prospect & Timberline Project Limits ATTACHMENT 1 10.1 Packet Pg. 125 Attachment: Location map (3572 : Timberline and Prospect Intersection) SUSTAINABILITY ASSESSMENT SUMMARY DATE: February 26, 2015 SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road Intersection Improvements Project Key issues identified: • Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians, and the environment. • No planned buffered bicycle lanes. Suggested mitigation actions: • Detours, pedestrian and bicycle access, and other construction best practices will be used to maintain connectivity and access to local businesses. • The project will provide the ability to install buffered bicycle lanes in the future. ĐŽŶŽŵŝĐ͕Ϭ͘ϱ ^ŽĐŝĂů͕ϭ͘ϱ ŶǀŝƌŽŶŵĞŶƚĂů Ͳϭ͘ϱ ZĂƚŝŶŐ ǀĞƌĂŐĞ͕Ϭ͘ϯ ϭ Ϯ Ϭ ϭ͘Ϭ Ͳϰ͘Ϭ Ͳϯ͘Ϭ ͲϮ͘Ϭ Ͳϭ͘Ϭ Ϭ͘Ϭ ϭ͘Ϭ Ϯ͘Ϭ ϯ͘Ϭ ϰ͘Ϭ ^ƵƐƚĂŝŶĂďŝůŝƚLJZĂƚŝŶŐ ZĂƚŝŶŐǁŝƚŚŽƵƚŵŝƚŝŐĂƚŝŽŶ ZĂƚŝŶŐǁŝƚŚŵŝƚŝŐĂƚŝŽŶ Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 2 10.2 Packet Pg. 126 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) ΎdŚĞ&ŽƌƚŽůůŝŶƐ^dǁĂƐĚĞǀĞůŽƉĞĚďLJŵŽĚŝĨLJŝŶŐƚŚĞdƌŝƉůĞŽƚƚŽŵ>ŝŶĞ;d>ͿŶĂůLJƐŝƐdŽŽůĚĞǀĞůŽƉĞĚďLJ ƵŐĞŶĞ͕KƌĞŐŽŶ͕:ƵůLJϮϬϬϵ͘ϭ City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less dŚŝƐŽƵŶĐŝůĂĐƚŝŽŶŝƚĞŵǁŝůůĂƵƚŚŽƌŝnjĞƚŚĞƵƐĞŽĨĞŵŝŶĞŶƚĚŽŵĂŝŶĨŽƌWƌŽƐƉĞĐƚZŽĂĚĂŶĚdŝŵďĞƌůŝŶĞZŽĂĚ/ŶƚĞƌƐĞĐƚŝŽŶ/ŵƉƌŽǀĞŵĞŶƚƐWƌŽũĞĐƚ͘ Staff lead(s): Please note staff name, position/division and phone number dŝŵ<ĞŵƉ͕ŝǀŝů ŶŐŝŶĞĞƌ͕ϵϳϬͲϰϭϲͲϮϳϭϵ >ŝŶĚƐĂLJ<ƵŶƚnj͕ZĞĂů ƐƚĂƚĞ^ƉĞĐŝĂůŝƐƚ͕ϵϳϬͲϮϮϭͲϲϮϳϱ 10.2 Packet Pg. 127 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) Ϯ Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description dŚŝƐŽƵŶĐŝůĂĐƚŝŽŶŝƚĞŵǁŝůůĂƵƚŚŽƌŝnjĞƚŚĞƵƐĞŽĨĞŵŝŶĞŶƚĚŽŵĂŝŶĨŽƌƌŝŐŚƚͲŽĨͲ ǁĂLJĂĐƋƵŝƐŝƚŝŽŶĂƚƚŚĞWƌŽƐƉĞĐƚͬdŝŵďĞƌůŝŶĞ/ŶƚĞƌƐĞĐƚŝŽŶ/ŵƉƌŽǀĞŵĞŶƚƐƉƌŽũĞĐƚ͘ 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion ƚƚŚĞƉƌŽũĞĐƚůŽĐĂƚŝŽŶ͕ŐĂƉƐŝŶƉĞĚĞƐƚƌŝĂŶĂŶĚďŝĐLJĐůĞĐŽŶŶĞĐƚŝǀŝƚLJĐƵƌƌĞŶƚůLJ ĞdžŝƐƚ͘dŚŝƐƉƌŽũĞĐƚǁŝůůĞůŝŵŝŶĂƚĞĞdžŝƐƚŝŶŐŐĂƉƐďLJĐŽŶƐƚƌƵĐƚŝŶŐƐŝĚĞǁĂůŬƐĂŶĚ ďŝĐLJĐůĞůĂŶĞƐ͘ůůƉĞĚĞƐƚƌŝĂŶŝŵƉƌŽǀĞŵĞŶƚƐǁŝůůĐŽŵƉůLJǁŝƚŚƌĞƋƵŝƌĞŵĞŶƚƐ͘ dŚŝƐƉƌŽũĞĐƚǁŝůůƌĞƐƵůƚŝŶŵŽƌĞĞĨĨŝĐŝĞŶƚƚƌĂĨĨŝĐĨůŽǁĚƵĞŝŶůĂƌŐĞƉĂƌƚƚŽƚŚĞ ŝŶƐƚĂůůĂƚŝŽŶŽĨĂĨƌĞĞƌŝŐŚƚƚƵƌŶ͘>ĞƐƐǀĞŚŝĐůĞĐŽŶŐĞƐƚŝŽŶǁŝůůůŝŬĞůLJƌĞƐƵůƚŝŶ ƌĞĚƵĐĞĚĨƌƵƐƚƌĂƚŝŽŶĨŽƌĐŽŵŵƵƚĞƌƐ͘ dŚĞƌĞǁŝůůďĞƚĞŵƉŽƌĂƌLJŶĞŐĂƚŝǀĞŝŵƉĂĐƚƐƚŽůŽĐĂůƌĞƐŝĚĞŶƚƐ͕ďƵƐŝŶĞƐƐĞƐĂŶĚƚŚĞ ƚƌĂǀĞůŝŶŐƉƵďůŝĐĂƐĂƌĞƐƵůƚŽĨĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ͘dŚĞƌĞǁŝůůĂůƐŽďĞĂ ƚĞŵƉŽƌĂƌLJĐůŽƐƵƌĞŽĨƚŚĞ^ƉƌŝŶŐƌĞĞŬdƌĂŝůĂƚƚŚĞƉƌŽũĞĐƚůŽĐĂƚŝŽŶ͘ 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth WƌŽǀŝĚŝŶŐŝŵƉƌŽǀĞĚďŝĐLJĐůĞĂŶĚƉĞĚĞƐƚƌŝĂŶĐŽŶŶĞĐƚŝǀŝƚLJǁŝůůůŝŬĞůLJƌĞƐƵůƚŝŶ ŝŵƉƌŽǀĞĚƋƵĂůŝƚLJŽĨůŝĨĞ͕ĂƐǁĞůůĂƐĂĐĐĞƐƐŽƉƉŽƌƚƵŶŝƚŝĞƐ͕ĨŽƌƐĞŶŝŽƌƐ͕LJŽƵƚŚ͕ ƉĞŽƉůĞǁŝƚŚĚŝƐĂďŝůŝƚŝĞƐ͕ĞƚĐ͘ dŚĞŝŵƉƌŽǀĞĚƉĞĚĞƐƚƌŝĂŶŝŶĨƌĂƐƚƌƵĐƚƵƌĞǁŝůůƌĞƐƵůƚŝŶďĞƚƚĞƌĂĐĐĞƐƐƚŽůŽĐĂů ďƵƐŝŶĞƐƐĞƐ͘ ϯ and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) ĐƵƌƌĞŶƚůLJĞdžŝƐƚƐ͘dŚĞƐŚŽƌƚĞƌĚŝƐƚĂŶĐĞǁŝůůƌĞƐƵůƚŝŶĂŵŽƌĞĐŽŵĨŽƌƚĂďůĞĐƌŽƐƐŝŶŐ ĨŽƌŵĂŶLJƉĞĚĞƐƚƌŝĂŶƐ͕ĂƐǁĞůůĂƐĂůŝŬĞůLJƐĂĨĞƌĐƌŽƐƐŝŶŐ͘ dŚŝƐƉƌŽũĞĐƚǁŝůůŝŵƉƌŽǀĞƚŚĞĂĐĐĞƐƐƚŽƚŚĞ^ƉƌŝŶŐƌĞĞŬdƌĂŝů͕ƉƌŽŵŽƚŝŶŐƚƌĂŝů ƵƐĞ͘ dŚŝƐƉƌŽũĞĐƚǁŝůůƉƌŽǀŝĚĞƚŚĞĂďŝůŝƚLJĨŽƌŝŶƐƚĂůůĂƚŝŽŶŽĨďƵĨĨĞƌĞĚďŝĐLJĐůĞůĂŶĞƐĂƚĂ ĨƵƚƵƌĞƚŝŵĞ͘ 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? WƌŽǀŝĚŝŶŐŝŵƉƌŽǀĞĚďŝĐLJĐůĞĂŶĚƉĞĚĞƐƚƌŝĂŶŝŶĨƌĂƐƚƌƵĐƚƵƌĞǁŝůůůŝŬĞůLJƌĞƐƵůƚŝŶĂ ƐĂĨĞƌĞŶǀŝƌŽŶŵĞŶƚĨŽƌƉĞĚĞƐƚƌŝĂŶƐĂŶĚďŝĐLJĐůŝƐƚƐ͘ dŚĞƐŚŽƌƚĞƌĐƌŽƐƐŝŶŐĚŝƐƚĂŶĐĞƉƌŽǀŝĚĞĚďLJƚŚŝƐƉƌŽũĞĐƚǁŝůůůŝŬĞůLJƌĞƐƵůƚŝŶƐĂĨĞƌ ĐƌŽƐƐŝŶŐĐŽŶĚŝƚŝŽŶƐĨŽƌƉĞĚĞƐƚƌŝĂŶƐ͘ ƵĨĨĞƌĞĚďŝĐLJĐůĞůĂŶĞƐĂƌĞŶŽƚƉůĂŶŶĞĚĂƐƉĂƌƚŽĨƚŚŝƐƉƌŽũĞĐƚ͘ 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? dŚŝƐƉƌŽũĞĐƚŝŶĐůƵĚĞƐŵĂŶLJĐƵůƚƵƌĂůůLJͲƌŝĐŚĐŽŵƉŽŶĞŶƚƐ͕ƐƵĐŚĂƐƌƚŝŶWƵďůŝĐ WůĂĐĞƐ͕ƵƌďĂŶĚĞƐŝŐŶĞůĞŵĞŶƚƐ͕ƉĞĚĞƐƚƌŝĂŶďƌŝĚŐĞĞŶŚĂŶĐĞŵĞŶƚƐ͕ĂŶĚ ůĂŶĚƐĐĂƉĞĚŵĞĚŝĂŶƐͬƉĂƌŬǁĂLJƐ͘ĚĚŝƚŝŽŶĂůůLJ͕ƐŽŵĞŽĨƚŚĞƐŝůŽƐĐƵƌƌĞŶƚůLJůŽĐĂƚĞĚ ŶĞĂƌƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶǁŝůůďĞƌĞůŽĐĂƚĞĚĂŶĚƌĞƉƵƌƉŽƐĞĚŝŶĂŝƚLJĐŽŵŵƵŶŝƚLJ ƉĂƌŬ͘ dŚĞĚĞƐŝŐŶĞůĞŵĞŶƚƐŝŶƚŚŝƐƉƌŽũĞĐƚŵĂƚĐŚƚŚĞďƌĂŶĚĂŶĚƐƉŝƌŝƚŽĨ&ŽƌƚŽůůŝŶƐ͕ ƉƌŽǀŝĚĞĂƐĞŶƐĞŽĨƉůĂĐĞĂƚƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶ͕ĂŶĚǁŝůůĞŶŚĂŶĐĞƚŚĞĂĞƐƚŚĞƚŝĐƐŽĨ ƚŚŝƐŐĂƚĞǁĂLJŝŶƚĞƌƐĞĐƚŝŽŶ͘ 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? dŚŝƐƉƌŽũĞĐƚǁŝůůŚĂǀĞĂƉŽƐŝƚŝǀĞŝŵƉĂĐƚŽŶƚŚĞĂĐĐĞƐƐŽĨůŽĐĂůƌĞƐŝĚĞŶƚƐƚŽ ŶĞĂƌďLJďƵƐŝŶĞƐƐĞƐ͕ƚƌĂŝůƐ͕ĂŶĚŽƚŚĞƌĚĞƐƚŝŶĂƚŝŽŶƐ͘tŝƚŚƚŚĞƉƌĞƐĞŶĐĞŽĨŶĞĂƌďLJ ĂƉĂƌƚŵĞŶƚĐŽŵƉůĞdžĞƐ͕ŵĂŶLJŽĨƚŚĞůŽĐĂůƌĞƐŝĚĞŶƚƐŵĂLJŶŽƚŚĂǀĞĂĐĐĞƐƐƚŽ ǀĞŚŝĐůĞƐĂŶĚŵĂLJƌĞůLJŚĞĂǀŝůLJŽŶǁĂůŬŝŶŐŽƌďŝĐLJĐůŝŶŐ͘ ƐĂƌĞƐƵůƚŽĨƚŚĞĞŶŚĂŶĐĞŵĞŶƚƐ͕ƚŚŝƐƉƌŽũĞĐƚǁŝůůůŝŬĞůLJŝŶƐƚŝůůĂƐĞŶƐĞŽĨ ŶĞŝŐŚďŽƌŚŽŽĚƉƌŝĚĞ͕ĐƌĞĂƚŝŶŐĂƐĞŶƐĞŽĨƉůĂĐĞĨŽƌƚŚĞŶĞŝŐŚďŽƌŚŽŽĚƐ͘ ŽŵŵƵŶŝƚLJŽƵƚƌĞĂĐŚ͕ŽƉĞŶŚŽƵƐĞƐĂŶĚŽƚŚĞƌŽƉƉŽƌƚƵŶŝƚŝĞƐĨŽƌƉƵďůŝĐŝŶƉƵƚĂƌĞ ƉůĂŶŶĞĚĂƐƉĂƌƚŽĨƚŚĞĚĞƐŝŐŶƉŚĂƐĞŽĨƚŚŝƐƉƌŽũĞĐƚ͘ dŚĞƌĞƉƵƌƉŽƐŝŶŐŽĨƐŽŵĞŽĨƚŚĞƐŝůŽƐĂƚƚŚŝƐƉƌŽũĞĐƚůŽĐĂƚŝŽŶǁŝůůƉŽƐŝƚŝǀĞůLJ ŝŵƉĂĐƚŽƚŚĞƌŶĞŝŐŚďŽƌŚŽŽĚƐŝŶƚŚĞŝƚLJƚŚƌŽƵŐŚŝŶĐŽƌƉŽƌĂƚŝŽŶŽĨƚŚĞŚĞƌŝƚĂŐĞ ĂŶĚĐƵůƚƵƌĞŽĨ&ŽƌƚŽůůŝŶƐ͘ 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and ϰ Key issues: WŽƐŝƚŝǀĞŝŵƉĂĐƚŽŶǀĞŚŝĐƵůĂƌĐŽŵŵƵƚĞƌƐ͕ƉĞĚĞƐƚƌŝĂŶƐ͕ĂŶĚďŝĐLJĐůŝƐƚƐƚŚƌŽƵŐŚŝŵƉƌŽǀĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞ͘ ĞǀĞůŽƉĂƐƚƌŽŶŐƐĞŶƐĞŽĨƉůĂĐĞ͕ĐŽŵŵƵŶŝƚLJĂŶĚĐƵůƚƵƌĞƚŚƌŽƵŐŚŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚĚĞƐŝŐŶĞůĞŵĞŶƚƐ͘ >ĂĐŬŽĨďƵĨĨĞƌĞĚďŝĐLJĐůĞůĂŶĞƐ͘ dĞŵƉŽƌĂƌLJŶĞŐĂƚŝǀĞĐŽŶƐƚƌƵĐƚŝŽŶŝŵƉĂĐƚƐ͘ Potential mitigation strategies: /ŶƐƚĂůůďƵĨĨĞƌĞĚďŝĐLJĐůĞůĂŶĞƐ͘ ĞƚŽƵƌƌŽƵƚĞƐĂŶĚŽƚŚĞƌĐŽŶƐƚƌƵĐƚŝŽŶŵŝƚŝŐĂƚŝŽŶƐƚƌĂƚĞŐŝĞƐĨŽƌǀĞŚŝĐůĞƐ͕ďŝĐLJĐůĞƐĂŶĚƉĞĚĞƐƚƌŝĂŶƐ͘ Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average нϯ нϮ нϭ Ϭ Ͳϭ ͲϮ Ͳϯ Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected y Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level ϱ • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? ĚĚŝŶŐĂƐƚĂŶĚͲĂůŽŶĞƉĞĚĞƐƚƌŝĂŶďƌŝĚŐĞŝŶůŝĞƵŽĨǁŝĚĞŶŝŶŐƚŚĞĞdžŝƐƚŝŶŐƌŽĂĚǁĂLJ ďƌŝĚŐĞǁŝůůŚĂǀĞůĞƐƐŝŵƉĂĐƚŽŶƚŚĞ^ƉƌŝŶŐƌĞĞŬ͘ dŚĞƌĞŝƐƚŚĞƉŽƚĞŶƚŝĂůŽƉƉŽƌƚƵŶŝƚLJĨŽƌƌĞƵƐĞŽŶƚŚŝƐƉƌŽũĞĐƚŽĨĂŶĂůƌĞĂĚLJͲ ĞdžŝƐƚŝŶŐƉĞĚĞƐƚƌŝĂŶďƌŝĚŐĞĐƵƌƌĞŶƚůLJĂƚĂŶŽƚŚĞƌůŽĐĂƚŝŽŶ͘ /ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐĂŶĚƌŽĂĚǁĂLJǁŝĚĞŶŝŶŐǁŝůůŚĂǀĞ ŶĞŐĂƚŝǀĞŝŵƉĂĐƚƐŽŶƚŚĞůŽĐĂůĞĐŽƐLJƐƚĞŵƐ͘ >ĂŶĚƐĐĂƉĞĚĂƌĞĂƐĂŶĚƚƌĞĞƐǁŝůůďĞĂĚĚĞĚƚŽƚŚĞƉƌŽũĞĐƚůŽĐĂƚŝŽŶ͘ dŚĞŝŵƉƌŽǀĞŵĞŶƚŽĨƚƌĂĨĨŝĐĨůŽǁǁŝůůůŝŬĞůLJƌĞƐƵůƚŝŶƌĞĚƵĐĞĚĂŝƌƉŽůůƵƚŝŽŶ͘ ^ƚĂĨĨĂŶƚŝĐŝƉĂƚĞƐƌĞĐLJĐůŝŶŐŽĨĐŽŶƐƚƌƵĐƚŝŽŶŵĂƚĞƌŝĂůƐĂƚ,ŽĨĨŵĂŶDŝůůĂƐŽƉƉŽƐĞĚ ƚŽƌĞůŽĐĂƚŝŽŶƚŽĂůĂŶĚĨŝůů͘ 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? WƌŽũĞĐƚŝŵƉƌŽǀĞŵĞŶƚƐǁŝůůƐƵƉƉŽƌƚďŝĐLJĐůĞĂŶĚƉĞĚĞƐƚƌŝĂŶƚƌĂǀĞůƚŚƌŽƵŐŚ ŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚƐĂĨĞƚLJŝŵƉƌŽǀĞŵĞŶƚƐ͘ƐĂƌĞƐƵůƚ͕ŝƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚƚŽƚĂů ǀĞŚŝĐůĞŵŝůĞƐƚƌĂǀĞůĞĚǁŝůůďĞƌĞĚƵĐĞĚ͘ dŚĞĂĚĚŝƚŝŽŶŽĨƚƌĞĞƐĂŶĚǀĞŐĞƚĂƚŝŽŶ͕ŝŶĐŽŶũƵŶĐƚŝŽŶǁŝƚŚƌĞĚƵĐƚŝŽŶŽĨŝĚůĞƚŝŵĞ ĂŶĚŝŵƉƌŽǀĞĚƚƌĂĨĨŝĐĨůŽǁ͕ǁŝůůůŝŬĞůLJƌĞĚƵĐĞĐĂƌďŽŶĂŶĚŐƌĞĞŶŚŽƵƐĞŐĂƐ ĞŵŝƐƐŝŽŶƐ͘ ŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐǁŝůůƚĞŵƉŽƌĂƌŝůLJŝŶĐƌĞĂƐĞĞŵŝƐƐŝŽŶƐ͘ 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? EŽƚƉƉůŝĐĂďůĞ 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention /ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚĂůĂƌŐĞƉŽƌƚŝŽŶŽĨƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶŵĂƚĞƌŝĂůƐŐĞŶĞƌĂƚĞĚĂƐ ƉĂƌƚŽĨƚŚŝƐƉƌŽũĞĐƚǁŝůůďĞƌĞĐLJĐůĞĚĂƚ,ŽĨĨŵĂŶDŝůů͕ĚŝǀĞƌƚŝŶŐƚŚĞƐĞŵĂƚĞƌŝĂůƐ ϲ through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? dŚĞƌĞĞdžŝƐƚƐĂƉŽƚĞŶƚŝĂůŽƉƉŽƌƚƵŶŝƚLJƚŽƌĞƵƐĞĂƉĞĚĞƐƚƌŝĂŶďƌŝĚŐĞ͕ĐƵƌƌĞŶƚůLJ ůŽĐĂƚĞĚĞůƐĞǁŚĞƌĞ͕ŽŶƚŚŝƐƉƌŽũĞĐƚ͘ dŚĞƐŝůŽƐƚŽďĞƌĞŵŽǀĞĚĨƌŽŵƚŚŝƐƉƌŽũĞĐƚůŽĐĂƚŝŽŶĂƌĞƚŽďĞƌĞƉƵƌƉŽƐĞĚĂƚ ĂŶŽƚŚĞƌůŽĐĂƚŝŽŶŝŶƚŚĞŝƚLJ͘ /ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚ͕ĂƐǁŝƚŚŽƚŚĞƌƌŽĂĚǁĂLJŝŵƉƌŽǀĞŵĞŶƚƉƌŽũĞĐƚƐ͕ƚŚĞĂƐƉŚĂůƚ ĂŶĚĐŽŶĐƌĞƚĞǁĂƐƚĞŐĞŶĞƌĂƚĞĚǁŝůůďĞƌĞĐLJĐůĞĚ͘ 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? dŚĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨƚŚŝƐƉƌŽũĞĐƚǁŝůůďĞĂǁĂƌĚĞĚĂƐƉĂƌƚŽĨĂĐŽŵƉĞƚŝƚŝǀĞďŝĚĚŝŶŐ ƉƌŽĐĞƐƐ͘/ƚŝƐĐŽŵŵŽŶĨŽƌůŽĐĂůĐŽŶƚƌĂĐƚŽƌƐƚŽďŝĚŽŶĂŶĚďĞĂǁĂƌĚĞĚƐŝŵŝůĂƌ ĐŽŶƐƚƌƵĐƚŝŽŶĐŽŶƚƌĂĐƚƐ͘ DĂƚĞƌŝĂůĨŽƌƐŝŵŝůĂƌĐŽŶƐƚƌƵĐƚŝŽŶƉƌŽũĞĐƚƐŝƐŐĞŶĞƌĂůůLJůŽĐĂůůLJƐŽƵƌĐĞĚ͕ĂŶĚŝƚŝƐ ĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚƚŚŝƐƉƌŽũĞĐƚǁŝůůůŝŬĞůLJďĞůŽĐĂůůLJƐŽƵƌĐĞĚĂƐǁĞůů͘ Environmental Health Summary Key issues: EĞŐĂƚŝǀĞŝŵƉĂĐƚƐŽŶĂŝƌƋƵĂůŝƚLJĂƐƉĂƌƚŽĨĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ͘ EĞŐĂƚŝǀĞŝŵƉĂĐƚƐŽŶůŽĐĂůĞĐŽƐLJƐƚĞŵƐĂƐƉĂƌƚŽĨĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐĂŶĚƌŽĂĚǁĂLJǁŝĚĞŶŝŶŐ͘ WŽƐŝƚŝǀĞŝŵƉĂĐƚŽŶĂŝƌƋƵĂůŝƚLJĂƐƉĂƌƚŽĨŝŶĐƌĞĂƐĞĚƚƌĂĨĨŝĐĞĨĨŝĐŝĞŶĐLJĂŶĚƉƌŽŵŽƚŝŽŶŽĨŵƵůƚŝͲŵŽĚĂůƚƌĂŶƐƉŽƌƚĂƚŝŽŶ͘ ZĞƵƐĞĂŶĚƌĞƉƵƌƉŽƐŝŶŐŽĨƐƚƌƵĐƚƵƌĞƐǁŝƚŚŝŶƚŚĞŝƚLJ͘ Potential mitigation strategies: ĞƐƚƉƌĂĐƚŝĐĞŵĞĂƐƵƌĞƐǁŝůůďĞƚĂŬĞŶĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶƚŽŵŝƚŝŐĂƚĞĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƐ͘ dƌĞĞƐĂŶĚǀĞŐĞƚĂƚŝŽŶǁŝůůďĞĂĚĚĞĚƚŽƚŚĞƉƌŽũĞĐƚůŽĐĂƚŝŽŶ͘ Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of нϯ нϮ нϭ Ϭ Ͳϭ ͲϮ Ͳϯ 10.2 Packet Pg. 132 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) ϳ the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected y Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion WƌŽǀŝĚŝŶŐŝŵƉƌŽǀĞĚĐŽŶŶĞĐƚŝǀŝƚLJĨŽƌďŝĐLJĐůĞƐĂŶĚƉĞĚĞƐƚƌŝĂŶƐǁŝůůůŝŬĞůLJďĞŶĞĨŝƚ ƚŚĞůŽĐĂůďƵƐŝŶĞƐƐĞƐ͘ /ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚƚŚĞƌĞǁŝůůďĞĞĐŽŶŽŵŝĐďĞŶĞĨŝƚƐĂƐĂƌĞƐƵůƚŽĨŝŵƉƌŽǀĞĚ ƚƌĂŶƐƉŽƌƚĂƚŝŽŶŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚŝŵƉƌŽǀĞĚĐŽŵŵƵƚŝŶŐƚŝŵĞƐ͘ WƌŽũĞĐƚŝŵƉƌŽǀĞŵĞŶƚƐǁŝůůƐƵƉƉŽƌƚƚŚĞŐĞŶĞƌĂůĂƚƚƌĂĐƚŝǀĞŶĞƐƐĂŶĚĂƉƉĞĂůŽĨƚŚĞ ŝƚLJ͕ĂƐǁĞůůĂƐƐƉĞĐŝĨŝĐĂůůLJƐƵƉƉŽƌƚƚŚĞďŝĐLJĐůĞĂŶĚƉĞĚĞƐƚƌŝĂŶĐƵůƚƵƌĞĨŽƵŶĚŝŶ ƚŚĞŝƚLJ͘ ϴ entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? ďƵƐŝŶĞƐƐĞƐ͘ dĞŵƉŽƌĂƌLJŶĞŐĂƚŝǀĞŝŵƉĂĐƚƐƚŽůŽĐĂůďƵƐŝŶĞƐƐĞƐĂƐĂƌĞƐƵůƚŽĨĐŽŶƐƚƌƵĐƚŝŽŶĂƌĞ ůŝŬĞůLJ͘ 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? /ƚŝƐƚLJƉŝĐĂůĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶĐŽŶƚƌĂĐƚŽƌƐĂŶĚŵĂƚĞƌŝĂůƐƵƉƉůŝĞƌƐƚŽďĞůŽĐĂůĨŽƌ ƚŚŝƐƚLJƉĞŽĨƉƌŽũĞĐƚ͘ DĂŶLJŽĨƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶŵĂƚĞƌŝĂůƐƵƐĞĚŝŶƌŽĂĚǁĂLJƉƌŽũĞĐƚƐĂƌĞĐŽŵƉƌŝƐĞĚŽĨ ůŽĐĂůůLJͲƐŽƵƌĐĞĚĐŽŵƉŽŶĞŶƚƐ͘ 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Key issues: >ŽŶŐͲƚĞƌŵďĞŶĞĨŝƚƐƚŽůŽĐĂůďƵƐŝŶĞƐƐĂĐĐĞƐƐĂŶĚĐŽŶŶĞĐƚŝǀŝƚLJ͘ /ŵƉƌŽǀĞĚĂĞƐƚŚĞƚŝĐƐƉƌŽŵŽƚĞƐŐĞŶĞƌĂůĂƉƉĞĂůŽĨƚŚĞŝƚLJ͘ /ŵƉƌŽǀĞŵĞŶƚƐƚŽďŝĐLJĐůĞĂŶĚƉĞĚĞƐƚƌŝĂŶŝŶĨƌĂƐƚƌƵĐƚƵƌĞƉƌŽŵŽƚĞƚŚĞĐƵůƚƵƌĞŽĨƚŚĞŝƚLJ͘ ŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐǁŝůůůŝŬĞůLJŚĂǀĞĂƚĞŵƉŽƌĂƌLJŶĞŐĂƚŝǀĞŝŵƉĂĐƚŽŶůŽĐĂůďƵƐŝŶĞƐƐĞƐ͘ Potential mitigation strategies: ŽŶŶĞĐƚŝǀŝƚLJƚŽůŽĐĂůďƵƐŝŶĞƐƐĞƐǁŝůůďĞŵĂŝŶƚĂŝŶĞĚĨŽƌǀĞŚŝĐůĞƐ͕ƉĞĚĞƐƚƌŝĂŶƐĂŶĚďŝĐLJĐůĞƐĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ͘ Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average нϯ нϮ нϭ Ϭ Ͳϭ ͲϮ Ͳϯ Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact - 1 - ORDINANCE NO. 125, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL PROJECT FUND FOR THE BUILDING ON BASICS INTERSECTION IMPROVEMENTS AND THE STREET OVERSIZING FUND INTO THE CAPITAL PROJECTS FUND FOR THE TIMBERLINE ROAD - DRAKE ROAD TO PROSPECT ROAD IMPROVEMENT PROJECT AND THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2011, the Engineering Department completed an Arterial Intersection Priority Study which classified the Timberline and Prospect intersection as a top priority for needed safety and operational improvements; and WHEREAS, in 2013, the budget for the project was established as part of the Building on Basics (BOB) Intersection Improvements Project; and WHEREAS, the project will be constructed in 2016; and WHEREAS, between conceptual planning in 2013 and construction in 2016, construction prices will have risen between 30% to 50%; and WHEREAS, due to escalating construction costs, additional funds in the amount of $1,300,000 from available prior year reserves BOB taxes in the Capital Projects Fund and $200,000 of available prior year reserves in the Street Oversizing Fund have been identified by City staff to be used for the project; and WHEREAS, one percent of the appropriation for the construction project, ($13,000) must be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with $10,140 reserved for the APP artwork project and $2,860 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund or the Street Oversizing Fund to exceed the current estimate of actual and anticipated revenues during fiscal year 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 135 - 2 - Section 1. That there is hereby appropriated from prior year reserves in the Capital Projects Fund the sum of ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) for expenditure in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project. Section 2. That there is hereby appropriated from prior year reserves in the Street Oversizing Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) and is authorized for transfer to and expenditure in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project. Section 3. That the unexpended appropriated amount of TEN THOUSAND ONE HUNDRED FORTY DOLLARS ($10,140) in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of TWO THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($2,860) in the Capital Projects Fund for the Timberline and Prospect BOB Intersection Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 136 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 126, 2015, Appropriating Unanticipated Grant Revenue into the Storm Drainage Fund for the Flood Warning System Enhancements Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $125,037 in grant revenues from the State of Colorado Department of Homeland Security - Office of Emergency Management (DHSEM). The project consists of Stormwater Flood Warning System (FWS) capital outlays that include purchase of new data management software, new communications hardware, and installation of three new gauges (the Project). To meet federal guidelines for reimbursement, it is necessary to account for all project expenditures for the full amount of the grant award, or $142,900, of which 75% ($107,175) will be reimbursed by the US Office of Federal Emergency Management (FEMA), 12.5% ($17,862) by DHSEM, and 12.5% ($17,862) from previously appropriated local matching funds (the City of Fort Collins Utilities). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2014, the DHSEM announced that FEMA was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event. The City submitted a grant proposal for FWS enhancements to the Hazard Mitigation Grant Program (HMGP) that is managed through by the DHSEM (as the Grantor). Funds would be delivered to successful applicants via reimbursement for costs incurred for approved mitigation approaches. The City’s submittal for FWS enhancements totaled $142,900 for capital improvements to the FWS for the Project. The City was awarded, at an 87.5% matching level from federal and state funds which will result in reimbursement of $125,037. If the Ordinance is adopted, this Project account balance will be established in a capital project account that will receive funds directed from the existing Utilities Stormwater Drainage Fund. The HMGP grant award matching funds will be provided via reimbursement requests to the DHSEM made quarterly. CITY FINANCIAL IMPACTS The Ordinance will enable Utilities to move forward with the Project. The matching funds of $17,862 are expected to be covered by current appropriations available in the Utilities Storm Drainage Fund. This Ordinance is also consistent with the objectives stated by City Council in Ordinance No. 168, 1998, for uniform and citywide operation, maintenance, and improvements to the stormwater system. 11 Packet Pg. 137 - 1 - ORDINANCE NO. 126, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE STORM DRAINAGE FUND FOR THE FLOOD WARNING SYSTEM ENHANCEMENTS PROJECT WHEREAS, in 2014, the State of Colorado Department of Homeland Security–Office of Emergency Management (DHSEM) announced that the Federal Emergency Management Agency (FEMA) was providing funding for flood mitigation activities and infrastructure to Colorado to distribute to communities subjected to flooding in the September 2013 flood event; and WHEREAS, the City submitted a grant proposal of $142,900 (full project amount including City matching funds) to this Hazard Mitigation Grant Program for Flood Warning System (FWS) enhancements, including new data management software, new communications hardware (at its radio repeater site at both its base stations), and for the installations of new gage, sensor and telemetry infrastructure at three new gaging sites (the “Project”); and WHEREAS, in response to the above proposal, the Storm Drainage Fund has received a grant from DHSEM with the grant funding to be reimbursed by FEMA in the amount of $107,175 (75%) and from DHSEM in the amount of $17,862 (12.5%) to be used for the Project; and WHEREAS, this Ordinance appropriates the grant funding of $125,037; and WHEREAS, the City’s matching funds of $17,863 (12.5%) will come from existing appropriations; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Storm Drainage Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the Storm Drainage Fund the sum of ONE HUNDRED TWENTY-FIVE THOUSAND THIRTY-SEVEN DOLLARS ($125,037) for the Project. Packet Pg. 138 - 2 - Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 139 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF John Stokes, Natural Resources Director Rick Bachand, Environmental Program Manager JR Schnelzer, Director of Parks SUBJECT Postponement of First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned or Other Unclaimed Property to November 17, 2015. EXECUTIVE SUMMARY Staff requests postponement of First Reading of Ordinance No. 107, 2015, to November 17, 2015 to allow for further clarification on procedures and decision making processes (flow chart) to distinguish personal property from abandoned property. Staff presented this Ordinance for First Reading on September 1, 2015. At that time, Council voted to postpone First Reading to October 6 and requested that staff meet with local service providers to determine how the providers may assist in the collection of a redistribution of abandoned property. A meeting with the service providers has been scheduled for September 22, 2015. Based on this feedback, staff will continue to meet to refine this process. STAFF RECOMMENDATION Staff recommends Council adopt a motion to postpone Council’s consideration of this Ordinance on First Reading until its November 17, 2015, meeting. ATTACHMENTS 1. First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (PDF) 2. Ordinance No. 107, 2015 (PDF) 12 Packet Pg. 140 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY September 1, 2015 City Council STAFF Rick Bachand, Environmental Program Manager SUBJECT First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned, or Other Unclaimed Property. EXECUTIVE SUMMARY The purpose of this item is to significantly reduce the volume of abandoned and unclaimed items left and abandoned on City property. Section 23-130 of City Code sets forth a process by which lost, abandoned, or other unclaimed property coming into the City’s possession may be sold, kept, or destroyed by the City. Current City Code requires the City to store this property for not less than thirty (30) days and then publish notice to afford the owner the opportunity to reclaim the property. City staff is finding an increasing volume of abandoned and unclaimed items in deteriorated condition within City natural areas, parks, trails, road underpasses and other public places. In addition to the unsafe condition this property presents to the public in situ, it is also creating handling concerns and storage challenges to those involved. This Ordinance amending Section 23 -130 sets forth a process by which abandoned items of no utility or value may be promptly removed and destroyed following a 24-hour notification. Finally, this amendment also adds a 30 day appeals provision to contest the disposal of personal property. Based on recent experience, staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or property with real or marketable value. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City staff is seeing a significant increase in the volume of abandoned and unclaimed items left within City natural areas, parks, trails, bridge underpasses and other public areas. This type of property typically includes sleeping bags, clothing, backpacks, tents and other items. By virtue of the property’s exposure to the elements, these articles more frequently than not become deteriorated to a condition upon which even the initial owner no longer desires to retain ownership. The resulting workload from the collection of such property is rapidly exceeding City staff’s ability to safely and effectively handle the items as current City Code provision requires that the material be inventoried and logged into Police Services’ property and evidence system for a thirty (30) day holding period followed by a ten (10) day publication period. This handling, transport and storage is complicated when these items are soiled with bodily fluids, saturated from precipitation, or contain broken glass, hypodermic needles, or other hazardous material. Likewise, this material left uncollected presents a public safety risk and is incompatible with the City’s responsibility of maintaining public property in a clean and safe condition. This amendment to Section 23 -130 of City Code is intended to: 1. Reduce the volume of items left as unclaimed or abandoned on City property; 2. Set forth a method of notifying persons of the need to remove personal property from City property; ATTACHMENT 1 12.1 Packet Pg. 141 Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3600 : Abandoned Property Postponement) Agenda Item 15 Item # 15 Page 2 3. Provide reasonable and effective tools for City Staff to dispose of items that are soiled, deteriorated, or otherwise of little or no marketable value; 4. Maintain City property and public spaces in a clean and safe condition; 5. Distinguish trash from property with little or no value so that trash can be disposed of without a hearing. ENVIRONMENTAL IMPACTS The removal of abandoned or unclaimed items from City property has significant positive outcomes on City property. Cleanup of this material will include the removal of hazardous waste associated with drug and alcohol abuse, disposal of clothing, sleeping bags and other material with bodily waste, rodent droppings, and other factors that raise human health considerations. Cleaned sites will improve aesthetics and safety for lawful users of natural areas, parks, and trails. Finally, long-term reduction of deteriorated items throughout our public spaces will reduce exposure of hazardous material to City cleanup crews. A negative consequence of this rule would be an increase of waste generated to the landfill. However, staff believes a net positive outcome due to appropriate handling in the landfill setting rather than exposed in the natural environment. SOCIAL IMPACTS City staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or party with real value or marketable value. The most significant impact will be to those who own property of real value or utility that is logged into Police Services’ property and evidence system and goes unclaimed after the 30 day holding period. This amendment provides a 30 day appeals provision to allow citizens affected by the disposal of items to contest actions taken by the City. Further, as to some of the citizens who will be affected, City staff is engaging in outreach and provides a suite of support services for those who have difficulty maintaining temporary or permanent housing. CITY FINANCIAL IMPACTS This will be a process improvement for City staff for Police Services staff as well as City Ranger Staff. This ordinance amendment would reduce the task load in the property and evidence division of Police Services. BOARD / COMMISSION RECOMMENDATION At its May 13, 2015 meeting, the Land Conservation and Stewardship Board voted unanimously in support the motion to support changes to the ordinance amending Section 23-130 of the City Code related to the Disposition of Lost, Abandoned or Other Unclaimed Property. PUBLIC OUTREACH City staff worked with the assistance of the Social Sustainability Department to seek feedback from the primary service providers in the city, including the Fort Collins Homeless Coalition, Homeward 2020, Homeless Gear and the Murphy Center. In sum, Stakeholders expressed the following concerns: 1. The 24 hour notification period as a timeframe appeared short in duration. A hypothetical situation could include an individual with a camp who would spend a cold night in a shelter but then return to the camp once the weather improved. A longer notification period may also provide an individual with more time to clean their own site. 2. Subjectivity as to what constitutes “utility” or “real value” of the property. Stakeholders urged to err on the side of caution when determining if material is of value. 12.1 Packet Pg. 142 Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3600 : Abandoned Property Postponement) Agenda Item 15 Item # 15 Page 3 3. Existing protocol for reclaiming items of value at Police Services. Service providers suggest that their constituency is reluctant to collect items at Police Services for fear of being charged for illegal camping or other code violations while trying to reclaim their property. 4. Process for reclaiming property of value. Service providers expressed desire to participate in the effort with the intent of collecting items for cleaning, recycling, and redistribution. Staff response to Stakeholder feedback: The 24 hour notification period is too short a timeframe. Once abandoned property is tagged staff believes it sends a conflicting message to the owner if items are allowed to stay. This is abandoned property, regardless of how long it stays on City property. The shorter the notification period to remove the items the more routine it can be for staff who tagged the camp to monitor and remove it themselves. The longer property is left, the more likely it will get further damaged by weather/bugs/rodents, etc. The longer items are left out the more potential for an innocent citizen to happen upon it and become exposed to hazardous waste such as needles, glass, human waste, etc. If property is not removed promptly by the owner there is a high likelihood that the owner has abandoned it for newer property or moved on to another community. Subjectivity as to what constitutes “utility or “real value” of the property. Police Services and Ranger staff will have to use professional discretion to determine what “is” and what “is not” of utility or real value relative to a homeless individual. Police Services and Ranger staff will need to collect and process property of real value prior to cleanup by City crews. Existing protocol for reclaiming items of value at Police Services. This amended Ordinance does not propose any changes to the collection and processing of property that may have value or utility. At this time the only legal way to process such property is through the property and evidence system. Process for reclaiming property of value. Input from local service providers is welcome as to property that has real value or utility; however, property subject to this amendment and which has little or no value will be destroyed or disposed of by the City. ATTACHMENTS 1. Abandoned Property Notice (PDF) 2. Land Conservation & Stewardship Board minutes, May 13, 2015 (PDF) 12.1 Packet Pg. 143 Attachment: First Reading Agenda Item Summary, September 1, 2015 (w/o attachments) (3600 : Abandoned Property Postponement) - 1 - ORDINANCE NO. 107, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-130 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE DISPOSITION OF LOST, ABANDONED OR OTHER UNCLAIMED PROPERTY WHEREAS, Section 23-130 of the City Code currently sets forth a process by which lost, abandoned, or other unclaimed property coming into the City’s possession may be sold, kept, or destroyed by the City; and WHEREAS, said City Code provision currently requires the City to store the lost, abandoned, or other unclaimed property for not less than thirty (30) days and to thereafter publish notice in an effort to afford the owner the opportunity to reclaim the property; and WHEREAS, while this current City Code provision is effective in ensuring that property of obvious value or utility is returned to its owner, City staff has reported that other items of lost, abandoned, or unclaimed property of less obvious value and utility found upon and within City natural areas, parks, trails, and other City properties is creating handling and storage challenges for City employees and volunteers who are responsible for maintaining those City properties for the intended public use; and WHEREAS, some types of lost, abandoned, or unclaimed property, such as sleeping bags, blankets, clothing, tents, backpacks, personal hygiene items, and other camping related items are often found in wet, soiled, contaminated, or deteriorated condition which has caused them to be of little or no apparent value or utility; and WHEREAS, the presence of such personal property detracts from the lawful uses of the City property, whether for the lawful physical use of the City property or for its aesthetic value; presents health and safety concerns to those using or maintaining the City property in that such personal property can be a source of disease and infestation; and presents handling and storage concerns once it is removed from the City property, both from a space and infestation standpoint in the storage area; and WHEREAS, while in original condition, these items of personal property would be considered to be of some value or utility, the exposure to the outside elements and the other circumstances of care and use render such items of little or no value or utility; and WHEREAS, the City is responsible for maintaining its public property in a clean, safe, and obstruction-free manner; and WHEREAS, the workload resulting from the seizure of such property currently exceeds City staff’s capacity to effectively handle such items because the current City Code provisions require that they be inventoried and logged into Police Services’ property and evidence system for a thirty (30) day holding period and ten (10) day publication period; and 12.2 Packet Pg. 144 Attachment: Ordinance No. 107, 2015 (3600 : Abandoned Property Postponement) - 2 - WHEREAS, in light of the foregoing, City staff has proposed that the City Code be amended to allow for the destruction of such lost, abandoned, or other unclaimed property of little or no apparent value or utility twenty-four (24) hours after posting notice at the location where the property is found; and WHEREAS, this Ordinance will result in: (i) a reasonable and effective method of notifying persons of the need to remove personal property from City property when they are not with the property at the time it is discovered, (ii) adequate time for the property owner to move the property to a lawful location, (iii) notice that unremoved items of little apparent value or utility will be destroyed, (iv) an opportunity for a post deprivation hearing after the items of little apparent value or utility have been destroyed to contest the destruction; (v) notice that unremoved items of apparent value or utility will be removed and stored, and (vi) notice of how the owner may reclaim items of value or utility that are removed by the City; and WHEREAS, the Ordinance will continue to recognize the need to reasonably protect the personal property rights of all citizens while balancing those rights with the rights of all citizens to make lawful use of and experience the enjoyment of City property and the legitimate needs of the City related to handling and storage of such property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby adopts the foregoing recitals and findings. Section 2. That Section 23-117 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Trash” which reads in its entirety as follows: Trash shall mean material that is worthless, useless, or constitutes litter, and includes, but is not limited to, used food containers, soiled food, plastic or paper bags, destroyed objects, broken pieces of objects, debris, pieces of paper dropped on the ground, and similar detritus. Section 3. That Section 23-130 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-130. Disposition of lost, abandoned or other unclaimed property. Except as otherwise specifically provided for by law, or ordinance, or Subsections (4) through (8) below, any property seized or otherwise obtained by the City and not sold or destroyed as perishable, hazardous or illegal property and which property has not been claimed by or surrendered to the rightful owner may be disposed of in the following manner: (1) All such property must first be retained for a period of no less than thirty (30) days from the date that possession was acquired by the City; 12.2 Packet Pg. 145 Attachment: Ordinance No. 107, 2015 (3600 : Abandoned Property Postponement) - 3 - (2) After the expiration of such period of time and as soon thereafter as is practicable, the Purchasing Agent must cause to be published once in a newspaper of general circulation in the City, or advertise via electronic media, a general description of the articles of property to be disposed of, which notice must contain the following information: a. That a detailed list of each and all articles of such property is available and may be obtained from Purchasing, including the address and the hours during which such list may be obtained; b. That if such property is not claimed by the rightful owner within ten (10) calendar days from the date of the publication, such property will become the property of the City to be disposed of by public auction or otherwise, and if by public auction provide the date, place and location of any such public auction. (3) If within ten (10) days from the publication of the notice, no claim for such property described in the notice shall have been made by the rightful owner, such property shall become the property of the City and shall be disposed of in the following manner: a. Any property which was delivered to the City, the possession or use of which is not illegal or dangerous, may be returned to the person who delivered the same to the City. The City shall thereupon relinquish any claim of ownership to such property and shall thereafter be relieved of any liability to the original owner of such property or any other person. b. Any other such property may, in the discretion of the Purchasing Agent, be retained and used by the City in the administration of City affairs or for use in City or community events or programs, so long as the use and distribution of such property is in accordance with the Purchasing Agent's established policies and guidelines approved by the City Manager. c. All other property shall be sold at public auction, including an auction via electronic media in the manner and upon the terms described in the above notice, with the proceeds of any such sale or sales to be paid to the Financial Officer to be placed in the general fund of the City after deducting the cost of storage, advertising and selling. d. Any unclaimed property which is of little or no marketable value may be destroyed. (4) Notwithstanding any of the foregoing provisions to the contrary, the disposition of firearms or other weapons shall be governed by the following additional provisions: 12.2 Packet Pg. 146 Attachment: Ordinance No. 107, 2015 (3600 : Abandoned Property Postponement) - 4 - a. Firearms and other weapons shall be disposed of at the sole discretion of the Chief of Police, who may: 1. Authorize sale or destruction; or 2. Authorize retention for the purpose of training members of Police Services in the safe handling and operation of those weapons. Any firearm so retained shall be rendered inoperable. b. Sales of firearms shall be restricted to licensed dealers or licensed collectors (licensed under the Federal Gun Control Act of 1988). (5) Notwithstanding any of the forgoing provisions to the contrary, lost, abandoned, or unclaimed personal property of little or no apparent value or utility, as reasonably determined by a peace officer or specially commissioned officer of the City, that is found upon and within a City natural area, park, trail, or on other City property, may be destroyed or otherwise disposed of immediately if the conditions of subsections (a) and (b) are both met: a. It has been determined that: 1. No person claiming ownership of the property is within the immediate vicinity of such property; or 2. A person claiming ownership of the property is within the immediate vicinity of such property, and refuses to immediately remove all of his or her property; or 3. Identifying contact information is readily apparent at the site of the property and the officer has attempted to, but has not been successful in, contacting the property owner to obtain removal of the property. b. Notice in English and Spanish, has been posted at the site of the property not less than twenty-four (24) hours before removal, stating the following: 1. That the property must be removed not later than the date and time posted (twenty-four hours from posting); and 2. That unremoved items of little apparent value or utility will be destroyed or otherwise disposed of; and 3. That unremoved items of apparent significant value or utility will be removed and stored; and 12.2 Packet Pg. 147 Attachment: Ordinance No. 107, 2015 (3600 : Abandoned Property Postponement) - 5 - 4. That the owner may contact the City at given phone numbers and/or locations to ask questions or reclaim items of value or utility that are removed by the City; and 5. The citation to this City Code provision permitting the destruction or disposal of the property; or (6) If the material is reasonably determined by a peace officer or specially commissioned officer of the City to constitute trash, it will be destroyed or disposed of without notice or hearing. (7) In making the determination regarding value or utility of the personal property as described in Subsection (5) above, the officer shall consider the following factors if applicable: a. The apparent condition of the property, including, but not limited to, whether it is damp, soiled, moldy, infested, or in a state of substantial disrepair, and its apparent ability to serve its intended purpose in its current condition; and b. The material of which the property is made or constructed; and c. Whether the property would have significant marketable value in its current condition; and d. The degree to which the property is protected from or exposed to the elements of nature and therefore susceptible to damage or deterioration; and e. Whether the property could reasonably appear to have personal value to the owner for sentimental or business purposes, such as photos, documents of identification, letters, or other written materials; and f. Any other factors apparent to the officer which would have an impact on its value or utility. (8) Administrative review of the destruction or disposal of any property under Subsection (5) and review of any request for reasonable compensation in connection with the same shall be as provided in this Subsection. a. To request a hearing to review the decision regarding the destruction or disposal of property under Subsection (5) and to request reasonable compensation, the owner of the property must notify, either orally or in writing, the Safety, Security and Risk Management Department within thirty (30) days of destruction or disposal. 12.2 Packet Pg. 148 Attachment: Ordinance No. 107, 2015 (3600 : Abandoned Property Postponement) - 6 - b. Except as agreed by the requesting party, any requested hearing must take place within thirty (30) days of receipt by the City of the request for hearing. The hearing officer may be an independent contractor to the City or any employee or officer of the City appointed as the hearing officer by the Director of the Safety, Security and Risk Management Department, so long as such appointee was not involved in the removal, destruction, or disposal of the property at issue. c. The hearing decision may be appealed to the City Manager pursuant to the appeals procedure set forth in Article VI of Chapter 2 of this Code. The City Manager’s decision will be final. d. A request for a hearing by said property owner as provided in this Section shall not constitute a written notice of injury as defined in §24-10- 109, Colorado Revised Statutes. Introduced, considered favorably on first reading, and ordered published this 1st day of September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of September, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk 12.2 Packet Pg. 149 Attachment: Ordinance No. 107, 2015 (3600 : Abandoned Property Postponement) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Helen Matson, Real Estate Services Manager Mike Calhoon, Parks Supervisor SUBJECT First Reading of Ordinance No. 127, 2015 Authorizing a Lease of City-Owned Property at City Park North Ball Field to Verizon Wireless (VAW) LLC for the Installation of Antennas and Related Facilities, and Associated Access and Utility Easements. EXECUTIVE SUMMARY The purpose of this item is to add an antenna array to an existing City-owned 90.6 foot light pole and lease 375 square feet of ground space to Verizon Wireless. This array would be located approximately 65 feet above the ground and accompany two other arrays currently on the pole. Additional ground space for related communication equipment cabinets would be installed adjacent to the current carriers’ equipment. This will be located at 137 South Bryan Avenue, which is the City Park north ball field. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City's Administrative Policy was amended this year and now prohibits granting leases to locate wireless telecommunication facility on any City-owned public land. The Policy states that the wireless telecommunication facilities existing on public land in City Park at the time of the Policy may remain in place, and co-location of equipment by multiple carriers may be encouraged; however, consent to enlarge the footprint of such facilities shall not be granted. Exceptions to this strict application of this policy may be made at the discretion of the City Manager. The City Manager has approved the request for a lease application, even though Verizon is expanding its footprint to install a new equipment cabinet on a new concrete pad. In compliance with this Administrative Policy, Verizon Wireless contacted the Parks Department to discuss a proposed lease of space on an existing City-owned monopole to place its antennas and to construct a ground equipment facility next to the existing equipment facilities of other wireless providers that are leasing from the City. The property to be leased, along with a related utility and access easement, is located at the north ball field in City Park. Attachment 3 is a photo of the area in its current condition and a simulated photo to show the new antenna array and ground equipment. City Council has previously approved similar leases to Sprint, T-Mobile, ATT and Cricket at this location. The key terms of the Lease Agreement include: 1. The term of the lease is for five (5) years and will automatically renew for up to four (4) successive five (5) year periods. 2. Annual rent of $21,600 with increases of 20 percent (20%) every five years. 3. Lease of 375 square foot ground space to house its communication equipment cabinet. 13 Packet Pg. 150 Agenda Item 13 Item # 13 Page 2 4. Verizon will attach its panel antennas directly below the existing stadium lights, approximately 65 feet above the ground. 5. Verizon will construct three (3) equipment cabinets, approximately 8 square feet each, on a new concrete pad. 6. Verizon will construct a 6-foot galvanized chain link fence to enclose the equipment cabinet. The fence will have a sloped top that will prevent softballs from entering the enclosure. This enclosure will be built and screened to match the existing fenced enclosures leased by other wireless carriers. Verizon will also fund four (4) evergreen trees to provide screening for the equipment. 7. Verizon will construct, maintain, repair, secure and operate its leased area. 8. The agreement includes the granting of a non-exclusive access and utility easement for use by Verizon during the term of this lease. CITY FINANCIAL IMPACTS The lease will generate revenue for the Parks Department of $21, 600 annually over the initial five-year term. The lease rate will increase 20 percent (20%) each additional five-year term. The revenue will be used by the Parks Department for repair and renovation of existing park facilities and equipment. The tenant will be responsible for the maintenance and costs to maintain the leased area. PUBLIC OUTREACH A neighborhood meeting was held March 5, 2015. Notification was sent to property owners bounded by LaPorte Avenue to West Mulberry Street and Grandview Avenue to Lyons Street and South McKinley Avenue. Only one member of the public attended this meeting. Minutes of the meeting are attached (Attachment 4). ATTACHMENTS 1. Sustainability Assessment Summary and Tool (PDF) 2. Location map (PDF) 3. Photo of Existing Condition and Simulated Photo of New Equipment (PDF) 4. City Park Ball Field Wireless Colocate Neighborhood Meeting, March 5, 2015 (PDF) 13 Packet Pg. 151 SUSTAINABILITY ASSESSMENT SUMMARY DATE: October 6, 2015 SUBJECT: Sustainability Assessment (SA) Summary for Authorizing a Lease to Verizon Wireless to for the Installation of Antennas and Related Facilities, Along with Associated Access and Utility Easements, Located at City Park North Ball Field. Summary: Verizon Wireless has requested a lease from the City of Fort Collins to install antennas and related facilities. The current situation is that the City owns two (2) towers that are located at City Park North Ball Field. Both poles have antennas from two (2) companies. Along with the request of the lease, Verizon is also requesting an access easement and a utility easement. If approved by Council, these easements will be included in their Lease Agreement. The utility easement is necessary to get electricity to their ground equipment. This ground equipment will occupy 375 feet of ground space and will include 3 cabinets of approximately 8 square feet each. Generally, we felt that the potential leasing of space for another antenna array at City Park North Ballfield won’t create much change for the area. Verizon is expecting to increase connectivity for their existing customers. We also felt it is important to note that this will enhance connectivity for emergency services. The revenue collected for this lease is helpful to the Parks operating budget. The only negative rating we gave this item was for environmental. The addition of this antenna and ground equipment will not reduce carbon in the area. Including the one area with a negative rating, the average rating is a positive 1.3. Economic 2.0 Social 3.0 Environmental -1.0 Rating Average, 1.3 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 1 13.1 Packet Pg. 152 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Installation of an additional wireless communication facility to an existing pole in City Park. Staff lead(s): Helen Matson, Real Estates Services Manager/Operations Services 221-6276 Mike Calhoon, Director of Parks/Parks Division 416-2079 13.1 Packet Pg. 153 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 2 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description Installation of an additional wireless communication facility to an existing pole in City Park. Administrative Policy 4.8 Wireless Telecommunication Facilities on City Owned Property. 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion Improved connectivity allows people to pursue their careers and recreational activities. There is controversy about the effects of public health but the FCC excludes the ability to take this into consideration when deciding to allow these facilities. Improved access assists with emergency response times. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth N/A 13.1 Packet Pg. 154 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 3 and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? Enhanced connectivity for emergency services. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? N/A 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? Enhanced wireless connectivity for the area neighborhoods. Neighborhood meeting was held 3/5/15, with only 1 person in attendance. This person was uncomfortable with wireless communications, but would not object to this addition. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? N/A Social Equity Summary Overall, we felt that this lease to Verizon was very positive. Adding this additional wireless service in the area will enhance connectivity for the area neighborhood. This will improve connectivity used for work or home. This will help ensure community safety by improving connectivity for emergency services. 13.1 Packet Pg. 155 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 4 Key issues: We had one neighbor attend our Neighborhood Meeting and she was somewhat concerned about health issues and the wireless communications facility and she also acknowledged that there are existing facilities on site. As we explained to her that as per the Telecommunications Act of 1996, “No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.” Potential mitigation strategies: Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus +3 Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Installation of an additional wireless communication facility to an existing pole in City Park. 4.8 Wireless Telecommunication Facilities on City Owned Property. 1. Environmental Impact Analysis/Discussion 13.1 Packet Pg. 156 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 5 • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Wireless communication enables education and research for environmental topics. This array is in addition to four wireless arrays currently installed on the same site. This array will minimally impact the current visual aesthetics. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? Additional electricity will be used to energize the array. This will not reduce carbon emissions. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? There will be an enlarged footprint directly adjacent to the existing enclosures to accommodate wireless equipment. 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention N/A 13.1 Packet Pg. 157 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 6 through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? N/A 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? The vendor is not local and materials will be shipped to the site. Environmental Health Summary Our group felt that this lease to Verizon would have a slightly negative affect for environmental health. Improving connectivity to the neighborhood will allow citizens to do more research on environmental subjects. The area of this lease currently has two wireless towers and arrays from 4 other cell companies. It is our opinion that the addition of one more array will have very little effect visually. However, the footprint of this lease will be increased that is needed for equipment cabinets. These cabinets will be adjacent to existing equipment cabinets. To camouflage the area, Verizon will cover this area and will fund the addition of 4 evergreen trees. There will be more electricity used on the site for this new array which will not reduce carbon. Key issues: Potential mitigation strategies: 13.1 Packet Pg. 158 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 7 Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus -1 Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Installation of an additional wireless communication facility to an existing pole in City Park. 4.8 Wireless Telecommunication Facilities on City Owned Property. 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion User fees from Verizon fund the installation of the wireless array. Communication drives business at all levels from local to international. This offer will generate $21,600 annually for the Parks Department. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? 8 available? • How will this proposal enhance the skills of the local workforce? 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? Wireless access for area neighbors to run their businesses. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? The local Verizon office provides the professional services for plan and permit processes. 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Our group rates the affect to economic prosperity as moderately positive. From the perspective of the City Parks Department, the revenue generated from the annual lease is helpful to their operating budget. For anyone in the area that has a home business, this could also be a benefit to have better connectivity with their customers and also provide quicker responses to their customers. Key issues: Potential mitigation strategies: Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of +3 +2 +1 0 -1 -2 -3 13.1 Packet Pg. 160 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) 9 the following boxes and indicate the overall rating. Rating represents group consensus +2 Rating represents group average Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X 13.1 Packet Pg. 161 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) Attachment 2 13.2 Packet Pg. 162 Attachment: Location map (3543 : Cell Tower Lease at City Park) Attachment 3 Photo of Existing Conditions page 1 of 2 13.3 Packet Pg. 163 Attachment: Photo of Existing Condition and Simulated Photo of New Equipment (3543 : Cell Tower Lease at City Park) Attachment 3 Photo Simulation of Proposed Changes page 2 of 2 New antenna and ground equipment 13.3 Packet Pg. 164 Attachment: Photo of Existing Condition and Simulated Photo of New Equipment (3543 : Cell Tower Lease at City Park) NEIGHBORHOOD INFORMATION MEETING PROJECT: City Park Ball Field Wireless Co-Locate PROJECT TYPE: Minor Amendment DATE: March 5, 2015 The meeting began at 6pm and was attended briefly by one member of the public who was generally in support of the new cell antennae co-locate on the existing ball field poles. The individual expressed concerns that we did not fully understand what the long-term health impacts from cellular signals to the general population are. ATTACHMENT 4 13.4 Packet Pg. 165 Attachment: City Park Ball Field Wireless Colocate Neighborhood Meeting, March 5, 2015 (3543 : Cell Tower Lease at City Park) - 1 - ORDINANCE NO. 127, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A LEASE OF CITY-OWNED PROPERTY AT CITY PARK NORTH BALL FIELD TO VERIZON WIRELESS (VAW) LLC FOR THE INSTALLATION OF ANTENNAS AND RELATED FACILITIES, AND ASSOCIATED ACCESS AND UTILITY EASEMENTS WHEREAS, the City is the owner of those certain parcels of real property described on Exhibit “A” attached and incorporated by reference (the “Property”); and WHEREAS, the Property is part of the City Park North Ball Field and the site of the Fort Collins Housing Authority office building; and WHEREAS, Verizon Wireless (VAW) LLC (“Verizon”) has asked the City to lease it 375 square feet of space on the Property and space on an existing monopole at the ball field (the “Lease Parcel”) for the installation of an antenna and related equipment to enhance its wireless service, along with three utility easements and one access and utility easement to serve Verizon’s facilities (the “Easements”); and WHEREAS, the proposed Lease Parcel and Easements are described on Exhibit “B” attached and incorporated by reference; and WHEREAS, City staff has worked with Verizon to negotiate and prepare a lease agreement (the “Lease”), a copy of which is attached as Exhibit “C” and incorporated by reference; and WHEREAS, under the Lease, Verizon’s initial lease term would be five years, with four additional, successive five-year renewal periods; and WHEREAS, use of the Easements would be governed by the terms of the Lease, and would terminate when the lease of the Lease Parcel terminates; and WHEREAS, the Lease further provides that Verizon shall make annual lease payments to the City at a rate of $21,600 per year for the initial lease term, with the rate increasing by twenty percent at the beginning of each renewal term; and WHEREAS, the Agreement requires Verizon to proceed in accordance with any applicable regulations and other procedural requirements or restrictions, which would include the City Land Use Code and building permit requirements; and WHEREAS, Verizon would also be required to enclose its ground equipment with a chain link fence, and fund the purchase of four additional evergreen trees for installation by the City to help screen the facilities; and WHEREAS, City staff has determined that the proposed installation and use by Verizon of its equipment on the Lease Parcel and use of the Easements on and under the Property are Packet Pg. 166 - 2 - consistent with and will not conflict or interfere with the City’s and the public’s use of the Property; and WHEREAS, City staff has further determined that the financial benefits to the City of permitting the proposed use are substantial, and the impacts to the City are minimal; and WHEREAS, Section 23-113(b)(1) of the City Code authorizes the City Council to lease any and all interests in real property owned by the City, if the City Council first finds that such lease is in the best interests of the City; and WHEREAS, if the proposed term of the lease exceeds twenty years, the lease must be approved by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby determines that the lease of the Lease Parcel to Verizon Wireless (VAW) LLC, and the grant of Easements in accordance with terms and conditions of the Lease are in the best interests of the City. Section 2. That the Mayor is hereby authorized to enter into the Lease with Verizon Wireless (VAW) LLC for the lease of the Lease Parcel and grant of the Easements, in substantially the form attached as Exhibit “C”, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal description of the Lease Parcel or of the Easements, as long as such changes do not materially increase the size or change the character of the Lease Parcel or the Easements. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 167 - 3 - Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 168 EXHIBIT A PROPERTY DESCRIPTION A tract of land located in the E ½ of the SW ¼ of Section 10, Township 7 North, Range 69 West of the 6 th P.M., City of Fort Collins, County of Larimer, State of Colorado (City Park Golf Course/Ball Park), Larimer County Assessor’s Parcel No. 9710300922, and Lot 1, Fort Collins Housing Authority Subdivision, Fort Collins, County of Larimer, State of Colorado, Larimer County Assessor’s Parcel No. 9710316901 1 Packet Pg. 169 Attachment: Exhibit A (3547 : Cell tower Lease at City Park ORD) EXHIBIT B FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-1 EXHIBIT B 2 Packet Pg. FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-2 2 Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-3 FTC Mulberry 2 Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-4 2 Packet Pg. 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-5 FTC Mulberry 2 Packet Pg. X X X X X X X EP EP EP EP EP EP X X X X X X X FO FO FO FO FO FO FO FO E E E E E 37654 Site Name: FTC Mulberry 096002.377/Lease Agreement B-6 FTC Mulberry 2 Packet Pg. September 28, 2015 FTC Mulberry BUS_RE/5691079.2 LEASE AGREEMENT THIS LEASE AGREEMENT (“Agreement”) dated and effective as of the date last signed below (“Effective Date”), is between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Tenant”), and THE CITY OF FORT COLLINS, a Colorado municipal corporation (“Landlord”). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Landlord owns a parcel of land (“Property”) located in the City of Fort Collins, County of Larimer, State of Colorado, being a portion of City Park. The Property is more particularly described in Exhibit A, attached and incorporated herein by reference. Landlord wishes to lease to Tenant, and Tenant wishes to lease from Landlord, approximately 375 square feet of space on the Property as well as space on Landlord’s existing monopole (“Monopole”) for Tenant’s antennas and related appurtenances, together with the access and utility easements (the “Easements”) necessary or desirable therefore (collectively, “Premises”) as described and shown on Exhibit B, attached and incorporated herein by reference. 2. Term. The lease term will be five (5) years commencing on ____________________, 2015 (“Commencement Date”) and will terminate on _________________________, 2020 unless otherwise terminated as provided herein. Tenant has the right to extend the Term for four (4) successive five (5) year periods (“Renewal Terms”) on the same terms and conditions as set forth herein, except that the Rent for each Renewal Term will increase as described in Paragraph 4 below. This Agreement will renew automatically for each successive Renewal Term unless Tenant notifies the Landlord of its intention not to renew at least one hundred eighty (180) days prior to commencement of the succeeding Renewal Term. Notwithstanding the foregoing, Landlord may notify Tenant of Landlord’s intention to prevent further renewal of this Agreement for the third (3rd) or any subsequent Renewal Term by giving Tenant notice at least one hundred eighty (180) days prior to the end of the second (2nd) or subsequent Renewal Term. 3. Use, Interference. 3.1 Subject to the terms and conditions of this Agreement, Tenant may use the Premises for the construction, installation, maintenance and operation of the “Communication Facilities” as particularly described and depicted on Exhibit B, attached and incorporated herein by reference, including without limitation, the transmission and the reception of wireless communication signals. Tenant’s use of the Property must comply with all applicable laws and regulations including all Federal Communications Commission (“FCC”) requirements. 3.2 Tenant must operate the Communication Facilities in compliance with all FCC requirements including those prohibiting interference with communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Communication Facilities. After the installation of the Communication Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property if Tenant can establish to Landlord’s reasonable satisfaction that such proposed modifications are likely to cause interference with Tenant’s operations. In the event such interference occurs, Landlord will use its best reasonable efforts to eliminate such interference in a reasonable time period. Failure of either party to comply with this paragraph shall be a material breach of this Agreement.; provided, if Tenant causes interference in violation of this Section 3.2, Tenant may power-down the equipment causing such interference and later power up such equipment for intermittent testing. In no event will Landlord be entitled to terminate this Agreement as long as Tenant is making a good faith effort to remedy the interference issue. 3.3 Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain EXHIBIT C 3 Packet Pg. 176 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 Government Approvals for Tenant’s Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. Notwithstanding the foregoing, the parties acknowledge and agree that the laws, regulations, policies, and other legal or procedural requirements imposed by Landlord as a governing body with jurisdiction to review and approve or deny certain of the regulatory approvals to be sought or required of Tenant, fully apply to Tenant and will not be altered as a result of Landlord’s agreement to cooperate as the owner of the Premises in Tenant’s efforts to obtain the Governmental Approvals. 4. Rent. 4.1 Tenant will pay to Landlord as rent Twenty One Thousand Six Hundred and 00/100 Dollars ($21,600.00) per year (“Rent”). The first installment of Rent is payable within thirty (30) business days following the Commencement Date, and subsequent Rent installments will be due annually thereafter on the anniversary of the Commencement Date. Rent will increase at the beginning of any applicable Renewal Term by the amount equal to twenty percent (20%) of the Rent for the previous Term or Renewal Term. If this Agreement is terminated for any reason other than a default by Tenant, Landlord will refund pre-paid rent to Tenant on a prorated basis. 4.2 Tenant will make all payments of Rent to the Landlord at such place as the Landlord may, from time to time, designate in writing. For the present, the Landlord designates City of Fort Collins Parks Department, 413 Bryan Ave., Fort Collins, CO 80521; Attention: Dawna Gorkowski, as the place for making Rent payments. All such Rent must be paid in current legal tender of the United States or, in the alternative, by electronic funds transfer if Landlord provides Tenant with bank routing information for such purpose. The Landlord’s agreement to any extensions of time for the payment of any installment of Rent or acceptance of any money other than of the kind herein specified does not waive the Landlord’s right to insist on having all other payments of Rent made in the manner and at the time herein specified. 4.3 Any amount due to the Landlord from the Tenant under this Agreement not paid when due will result in a written default notice delivered to Tenant and, if Tenant fails to make such payment within ten (10) days of its receipt of such notice, the unpaid amount will bear interest at the rate of ten percent (10%) per annum from the due date until paid. Payments of such interest will not excuse or cure any default by the Tenant under this Agreement. In addition, if the Tenant fails to pay any installment of Rent when due and such failure continues for a period of ten (10) days following the date Tenant receives written notice of such default, the Tenant must pay to the Landlord a monthly collection service charge of five percent (5%) of the late payment amount, which is due and payable immediately. 4.4 Within sixty (60) days of Tenant’s written request, Landlord, or any successor to Landlord, hereby agrees to provide to Tenant certain documentation (the “Rental Documentation”) evidencing Landlord’s interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to Tenant in Tenant’s reasonable discretion, evidencing Landlord’s good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to Tenant, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by Tenant in Tenant’s reasonable discretion. From time to time during the Term of this Agreement and within sixty (60) days of a written request from Tenant, Landlord agrees to provide updated Rental Documentation in a form reasonably acceptable to Tenant. The Rental Documentation shall be provided to Tenant in accordance with the provisions of and at the address given in Section 15. Tenant shall have no obligation to make any rental payments until Rental Documentation has been supplied to Tenant as provided herein. 5. Improvements. 5.1 Tenant has the right to construct, maintain, install, repair, secure, replace, remove and operate on the Premises the Communication Facilities. Tenant shall, at its own expense, lease from the City, (i) a fifteen (15) by twenty-five (25) foot site just north of the right field fence of the north City Park ball 3 Packet Pg. 177 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 field, to house Tenant's supporting equipment and structures therefor and (ii) space on the Monopole for Tenant’s antennas and related appurtenances. In addition, Tenant shall construct around the Communication Facility a six (6) foot fence with a sloped top that will prevent softballs from entering the enclosure. This fence shall be built to match the existing fenced enclosures located at the same Property. Tenant shall also fund the purchase of four trees (6’ evergreens with City Forester approval) for installation by the City in the spring of 2016; provided, Tenant shall not be responsible for installing or maintaining the trees. The Communication Facilities and Tenant’s other equipment and structures are collectively referred to hereafter as the “Tenant Facilities”. In connection with the Tenant Facilities, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant’s communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. 5.2 Tenant has the right to replace or upgrade Tenant Facilities at any time during the term of this Lease, provided that no such replacement or upgrade shall cause Tenant to interfere with the use of the Property by others in violation of Section 3.2, or materially increase the physical or other occupation of the Property by Tenant, without written modification of this Lease. As used herein, the term “material” shall not include additions to, or replacements, upgrades or alterations of Tenant’s Facilities in whole or in part (a) within the confines of the Premises (specifically including any and all changes to equipment inside the equipment space or like for like swap of antennas and related equipment), or (b) to the extent attached to the Monopole, if the resulting addition, replacement, upgrade or alteration is of substantially the same or lesser size. 5.3 All of Tenant’s construction and installation work must be performed at Tenant’s sole cost and expense, in a good and workmanlike manner, free of all liens or encumbrances, and in compliance with all applicable laws and regulations. Tenant must maintain the Premises and Tenant Facilities in commercially reasonable condition and repair, normal wear and tear and casualty excepted. Tenant is responsible for all damages caused to the Landlord or the Landlord’s property arising from the Tenant’s exercise of the rights herein granted, and must restore all lands, landscaping, turf, fences, irrigation systems or any other improvements to a condition comparable to their condition immediately prior to installation, repair, replacement or removal of Tenant’s Facilities or related equipment, excepting normal wear and tear. 5.4 Title to the Tenant Facilities and any equipment placed on the Premises by Tenant must be held by Tenant or its lenders or assigns and such Tenant Facilities and other Tenant equipment are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant must repair any damage to the Premises caused by such removal. Within sixty (60) days after expiration or earlier termination of this Agreement, Tenant must remove the Tenant Facilities from the Premises and restore the Premises to the same or similar condition as it was in as of the Commencement Date, excepting normal wear and tear. Tenant will not be obligated to remove any foundation more than three (3) feet below grade level. 6. Access and Utilities. 6.1 Landlord will provide Tenant, Tenant’s employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant. Landlord grants to Tenant, and Tenant’s agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, as described in Exhibit B. Except in an emergency requiring immediate access, Tenant will access the Premises only during the hours that City Park is open to the public (5:00 a.m. to 11:00 p.m. as of the Effective Date.) 6.2 Landlord shall maintain any existing public access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord is responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant’s use of such roadways. Should Landlord fail to maintain the roadways as described in this Paragraph, Tenant may repair the same or, in the alternative, terminate this Agreement. 3 Packet Pg. 178 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 6.3 Tenant has the right to install utilities, at Tenant’s expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators), provided that any such utilities must be located in and consistent with the Easements granted to Tenant by Landlord as set forth herein. Landlord, as owner of the Property, will use reasonable efforts in cooperation with Tenant in Tenant’s efforts to acquire necessary utility service. Tenant must install separate meters for utilities used on the Premises and pay directly to the utility company the use of power consumption. 6.4 Landlord reserves the right at all reasonable times and with reasonable notice to Tenant of not less than forty-eight (48) hours, and at all times during emergencies, for Landlord or Landlord’s agents to enter the Premises for the purpose of inspecting and examining the same. Unless such access is necessitated by genuine emergency that threatens persons or property, Tenant shall have the right to have a representative present for such inspection. Notwithstanding the foregoing, Landlord shall not have access to Tenant’s equipment shelter, unless deemed necessary by local law enforcement or fire safety personnel in the event of an emergency, and may not climb the Monopole. In the case of emergency, Landlord will notify Tenant of such access as soon as practicable following the inspection and include with such notice the nature of the emergency and inspection. 7. Taxes. Tenant acknowledges that Landlord is a tax-exempt government entity. Tenant must pay personal property taxes assessed against the Tenant Facilities and any real property taxes and all other taxes, fees and assessments attributable to the Premises and assessed as a result of Tenant’s private use of the Landlord’s otherwise tax-exempt Property. If such taxes are a pass-through from Landlord to Tenant, Landlord shall provide reasonable written evidence that such payment is due. 8. Termination. 8.1 This Agreement may be terminated without further liability as follows: (i) upon thirty (30) days written notice by either party of a default of any covenant or term hereof by the other party, which default is not cured within such thirty (30) day period, or such longer period as may be required to diligently complete a cure commenced within that thirty (30) day period; (ii) upon ten (10) days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Agreement within that ten (10) day period, or (iii) by Tenant without further liability for any reason or for no reason, provided Tenant delivers written notice of termination to Landlord. 8.2 This Agreement may also be terminated by Landlord without further liability on thirty (30) days prior written notice if the Tenant (i) is adjudicated bankrupt or insolvent, (ii) files a petition in bankruptcy for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now or in the future amended) or (iii) makes an assignment of its property for the benefit of its creditors. 9. Destruction or Condemnation. 9.1 If the Premises or Tenant Facilities are damaged or destroyed by an act or event beyond Tenant’s reasonable control, Tenant may elect to terminate this Agreement as of the date of the damage or destruction by giving notice to Landlord no more than forty-five (45) days following the date of such damage or destruction, and Tenant will be entitled to reimbursement on a pro rata basis of any Rent prepaid by Tenant. If Tenant chooses not to terminate this Agreement, Landlord will reduce or abate the Rent in proportion to the actual reduction or abatement of use of the Premises until such time as Tenant restores the Tenant Facilities or Premises to the condition existing prior to such damage or destruction, or until 14 calendar days from the date of damage or destruction, whichever comes first. 9.2 If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceedings, which for Tenant may include, where applicable, the value of its Tenant Facilities, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord’s recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis. 3 Packet Pg. 179 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 10. Insurance; Subrogation; and Indemnity. 10.1 Tenant at its sole cost and expense, must procure, pay for and keep in full force and effect a policy of Commercial General Liability Insurance covering the Premises and Tenant Facilities in the amount of not less than One Million and No/100 Dollars ($1,000,000.00), per occurrence for bodily injury (including death) and property damage and $1,000,000 general aggregate. Tenant shall also maintain workers’ compensation insurance in conformity with applicable state law. Tenant’s General Liability shall be Primary and Non-Contributory, and the workers compensation coverage shall include a Waiver of Subrogation in favor of the City of Fort Collins, Colorado, its elected officials and employees. 10.2 The commercial general liability insurance carried by the Tenant shall name the Tenant as insured and include the City of Fort Collins, its elected officials and employees as an additional sinsured as their interests may appear. Upon issuance or renewal of any such insurance policy, the Tenant must provide Landlord with a certificate of insurance showing evidence of coverage that includes the City of Fort Collins as an additional insured. Such certificate must include the description of the Premises. Upon receipt of notice from its insurer, Tenant will use its best efforts to provide Landlord with 30 days’ advance written notice of cancellation of any required policy of insurance. 10.3 Any insurance policy purchased by the Tenant must be written by an insurance carrier which has a current rating by Best's Insurance Reports of "A-" (excellent) or better and a financial rating of "VII" or better, or such equivalent classification as may hereinafter be required customarily for properties similarly situated and approved by the Landlord, and the insurance carrier must be authorized by law to do business in the State of Colorado. 10.4 Notwithstanding anything to the contrary contained herein, the Tenant’s obligation to carry insurance as provided herein may be brought within the coverage of a “blanket” policy or policies of insurance carried and maintained by the Tenant 10.5 Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first-party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 10.6 Tenant agrees, to the fullest extent permitted by law, to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Tenant Facilities, or Tenant's breach of any provision of this Agreement, except to the extent caused by the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. Tenant shall require any contractors doing work on the Premises on behalf of Tenant to have in effect during the time of such work a policy or policies of insurance meeting the requirements of this Pargraph 10 and naming the City of Fort Collins, its elected officials and employees as additional insureds. Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waive any claims that each may have against the other with respect to consequential, incidental or special damages. The duties described in this Paragraph 10.6 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 11. Assignment and Subleasing. 11.1 Tenant may assign or otherwise transfer this Agreement, without consent, to any person or entity that is authorized pursuant to and FCC licensed to operate a wireless communications business, and such person or entity is Tenant’s principal, affiliate, subsidiary of its principal or to any entity which acquires all or substantially all of Tenant’s assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization; provided that notice of any such assignment or transfer must be provided to Landlord within sixty (60) days of the same. Tenant may not otherwise assign or sublease this Agreement without written approval of Landlord, which approval shall not be unreasonably delayed, withheld, conditioned or denied. 3 Packet Pg. 180 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 11.2 The Landlord has the right to approve all subleases. All subleases must require the subtenant to comply with the terms and conditions of this Lease including, but not limited to, the insurance and indemnification requirements of Paragraph 10 above. Tenant must disclose to Landlord all terms of any such proposed sublease, and Landlord is entitled to deny or condition any such approval, in its reasonable discretion, (i) in the event that Tenant seeks to charge rent or other compensation for sublease in addition to those amounts due to Landlord hereunder; (ii) if Tenant’s proposed sublessee is unacceptable based upon any policy, financial or management consideration of Landlord; or (iii) in the event the circumstances, terms or particulars of the proposed sublease are otherwise reasonably unsatisfactory to Landlord. 12. Title and Quiet Enjoyment. 12.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord’s Property, and (iv) the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 12.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant’s use of the Premises, Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord. 13. Hazardous Material. 13.1 As used herein, the term "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 13.2 As of the Effective Date of this Agreement Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any applicable law or regulation; and (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Property; 13.3 Landlord and Tenant must not introduce or use any Hazardous Material on the Property in violation of any applicable law. 13.4 Tenant will hold harmless and indemnify Landlord from, and assume all duties, responsibilities, and liabilities at Tenant’s sole cost and expense for payment of penalties, sanctions, forfeitures, losses, costs, or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) Tenant’s failure to comply with any environmental or industrial hygiene law at the Property, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property resulting from the 3 Packet Pg. 181 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 activities conducted by the Tenant thereon, unless the environmental conditions are caused by the Landlord or other third parties not under the control of Tenant. 13.5 The indemnifications of this Paragraph 13 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 13 will survive the expiration or termination of this Agreement. 13.6 If Tenant becomes aware of any Hazardous Materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord. 14. Waiver of Landlord’s Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant’s and/or Mortgagee’s sole discretion and without Landlord’s consent. 15. Notices. All notices, requests, demands and other communications hereunder must be in writing and are deemed given if sent by certified mail, return receipt requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley road Bedminster, New Jersey 07921 Attention: Network Real Estate If to Landlord: City of Fort Collins Parks Department Attn: Manager of Parks P.O. Box 580 Fort Collins, CO 80522-0580 With a copy to: City of Fort Collins Real Estate Services P.O. Box 580 Fort Collins, CO 80522-0580 Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 16. Miscellaneous. 16.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord will notify Tenant in advance in writing of the payee’s name and address. 16.2 The substantially prevailing party in any legal claim arising hereunder will be entitled to its reasonable legal fees and costs, including attorney’s fees, court costs, and costs for appeals, if any. 3 Packet Pg. 182 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 16.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 16.4 Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. 16.5 This Agreement is governed under the laws of the State of Colorado and is binding on and inures to the benefit of the successors and permitted assignees of the respective parties. 16.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. If Tenant records a Memorandum of Agreement, Tenant will promptly provide a copy of the recorded document to Landlord. 16.7 All Exhibits referred herein are incorporated herein for all purposes. 16.8 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. 16.9 All financial obligations of the Landlord for fiscal years subsequent to the year of the Effective Date are contingent upon the appropriation by the Fort Collins City Council, in its sole discretion, of funds sufficient and intended for such purposes. 16.10 Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto, it being agreed that none of the provisions set forth herein nor any acts of the parties herein shall be deemed to create a relationship between the parties hereto other than the relationship of Landlord and Tenant. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. LANDLORD: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: ________________________________________ Wade Troxell, Mayor ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: 3 Packet Pg. 183 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 ________________________________ Senior Assistant City Attorney TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: ____________________________________ Name: Rick Goldschmidt Title: Executive Director - Network Date: ___________________________________ 3 Packet Pg. 184 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 EXHIBIT A DESCRIPTION OF LAND A tract of land located in the E ½ of the SW ¼ of Section 10, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado (City Park Golf Course/Ball Park), Larimer County Assessor’s Parcel No. 9710300922, and Lot 1, Fort Collins Housing Authority Subdivision, Fort Collins, County of Larimer, State of Colorado, Larimer County Assessor’s Parcel No. 9710316901 3 Packet Pg. 185 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 EXHIBIT B DESCRIPTION OF PREMISES A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO 3 Packet Pg. 186 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) EXHIBIT B B-1 EXHIBIT B 3 Packet Pg. Site Name: FTC Mulberry 096002.377/Lease Agreement FTC Mulberry Site Name: FTC Mulberry B-2 096002.377/Lease Agreement 3 Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-3 FTC Mulberry 3 Packet Pg. X X X X X X X X X X X X X X X X X X X X X X X EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP X X X X X X X X X X X X X X X X X X X X X X X X 48201 5/14/15 FTC Mulberry Site Name: FTC Mulberry 096002.377/Lease Agreement B-4 3 Packet Pg. 48201 5/14/15 Site Name: FTC Mulberry 096002.377/Lease Agreement B-5 FTC Mulberry 3 Packet Pg. X X X X X X X EP EP EP EP EP EP X X X X X X X FO FO FO FO FO FO FO FO E E E E E 37654 Site Name: FTC Mulberry 096002.377/Lease Agreement B-6 FTC Mulberry 3 Packet Pg. September 28, 2015 FTC Mulberry BUS_RE/5691079.2 EXHIBIT C COMMUNICATIONS FACILITY To the Agreement dated __________________, 2015, by and between is between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (“Tenant”), and THE CITY OF FORT COLLINS, a Colorado municipal corporation (“Landlord”). RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, Colorado 80202 Attn: Eileen Lynch Re: DEN Mulberry COPY TO: City of Fort Collins Real Estate Services 300 Laporte Ave., Bldg. B P.O. Box 580 Fort Collins, CO 80522 MEMORANDUM OF AGREEMENT APN: 97103-00-922 This MEMORANDUM OF AGREEMENT is entered into on _______________, 2015, by THE CITY OF FORT COLLINS, a Colorado municipal corporation, with an address at 300 Laporte Ave., Fort Collins, CO 80522 (hereinafter referred to as (“Landlord”) and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with an address at 180 Washington Valley Road, Bedminster, New Jersey 07921, Attn: Network Real Estate (hereinafter referred to as (“Tenant”). 1. Landlord and Tenant entered into a Lease Agreement (“Agreement”) dated as of _______________, 2015, effective upon full execution of the parties for the purpose of Tenant undertaking certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Tenant’s tenancy under the Agreement is for five (5) years commencing __________________, 2015 (“Term Commencement Date”), and terminating on the Term Commencement Date with four (4) successive five (5) year options to renew. 3. The property that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the “Premises”) are set forth in the Agreement. 3 Packet Pg. 193 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: _________________________________ Wade Troxell, Mayor Date: _______________________________ STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) I certify that I know or have satisfactory evidence that Wade Troxell is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 3 Packet Pg. 194 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) September 28, 2015 FTC Mulberry BUS_RE/5691079.2 TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: ______________________________________ Rick Goldschmidt Title: Executive Director - Network Date: ____________________ STATE OF _________________________ ) ) ss COUNTY OF _______________________ ) I certify that I know or have satisfactory evidence that Rick Goldschmidt is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director - Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 3 Packet Pg. 195 Attachment: Exhibit C (3547 : Cell tower Lease at City Park ORD) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist Beth Sowder, Director of Social Sustainability Clay Frickey, Associate Planner SUBJECT Resolution 2015-086 Adopting the 2015-2019 Affordable Housing Strategic Plan. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2015-2019 Affordable Housing Strategic Plan, which will guide the City's affordable housing policy and funding for the next five years. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Work Session history At a work session on June 9, 2015, staff presented a draft 2015-2019 Affordable Housing Strategic Plan (Plan) with five goal areas. Council supported the goals and directed staff to use a holistic approach to housing policy to provide good housing options for all, while focusing affordable housing strategies for the next five years on attainable outcomes, methodology, and practical implementation. Council recognized that the target of this Plan is to promote the production and preservation of housing units for consumers making 80% or less of the area median income. As directed, staff has revised the draft Plan to improve goal language, add an overarching vision and add metrics to measure progress. The revised draft, Exhibit A to Resolution 2015-086, selected strategic action items likely to be most impactful in adding and preserving affordable housing units. These action items were chosen in part as a result of the substantial amount of public input on the Plan received both before and after the June work session. (Attachment 1) Council also had a work session on the Land Bank Program on September 8, 2015. The Land Bank Program is the City’s only long term affordable housing incentive. Regularly reviewing the Land Bank Program, considering activating one or more land bank parcels, and acquiring additional land bank parcels are incorporated as action steps in this Plan. (Attachment 2) Strategic Plan Summary The Plan’s introduction incorporates data from several City studies to support the housing needs identified in this Plan. Guiding principles supplement this Plan, expressing the spirit of the Plan and helping end users to interpret the Plan. The Plan discusses the City’s role in promoting affordable housing, including the City’s financial resources and how those are distributed; current development incentives, innovative funding strategies, and partners in affordable housing. It is important to remember that the City does not build or 14 Packet Pg. 196 Agenda Item 14 Item # 14 Page 2 develop affordable housing units. The Plan recognizes that while the City is an important player in regard to the production of affordable housing in the community, it must have help from other partners to accomplish its affordable housing goals. This Plan sets forth goals, strategies, action items and metrics to guide the City’s affordable housing policy and funding for a five year period, 2015-2019. The pillars of the plan are its strategies: Increase the inventory of affordable rental units Preserve the long-term affordability and physical condition of existing stock of housing Increase housing and associated supportive services for people with special needs Support opportunities to obtain and sustain affordable homeownership Refine development incentives and expand funding sources and partnerships Each strategy is supported by a section on justification, a section on objectives, a five-year action plan, and selected metrics designed to measure outcomes for each strategy. All strategies are designed to work toward the City’s overarching goals. Overarching goals Staff has proposed establishing two time frames to guide the production of affordable housing built utilizing affordable housing programs. Based on the 2015 baseline of 5.02% of all Fort Collins’ housing units utilizing affordable housing programs and providing restricted units for the future, a goal of 6% has been established for 2020, and a long-term goal of 10% has been stated for 2040. The first time frame represents the end of the five-year term of this Plan and the year 2040 roughly corresponds to anticipated build out of the City’s growth management area. The following table chronicles what this ratio has been under the past three City affordable housing strategic plans and the projected goals for the two time frames. 14 Packet Pg. 197 Agenda Item 14 Item # 14 Page 3 In order to achieve this goal for 2020, the community needs to add 940 units or 188 units per year for five years. In order to achieve the goal for 2040, the community needs to add 5,706 units or 228 per year. The goals and strategies outlined in the Plan are ambitious, but can be accomplished with the support of City Council and the community at large. Highlighted selected action items While the City’s development partners will continue to contribute affordable units pursuant to their missions, what will the City do to encourage production of the type of housing our community lacks? Here are some estimates of the number of units expected to be produced: Action Estimated Units Impacted Activate all Land Bank parcels Up to 600 units Homebuyer Assistance Program 80-100 units Invest in manufactured housing community in exchange for an affordability restriction 200-300 units Leverage Affordable Housing Capital Fund 100 units ($2 million leveraged at the ratio of 1:10) CITY FINANCIAL IMPACTS While the Plan itself will not have any City financial impacts, implementation of the Plan will guide funding allocations made through the Community Development Block Grants Commission’s competitive process. Implementation of the Plan will maximize opportunities to leverage public and private dollars. The Plan will guide investment and funding decisions to best allocate limited resources for maximum impact. Adoption of this Plan will not require the allocation of additional resources. See Sustainability Assessment for triple bottom line impact. BOARD / COMMISSION RECOMMENDATION A subcommittee comprised of staff and members of the Affordable Housing Board and the Community Development Block Grant Commission have guided the production of this Plan. The draft Plan was presented at a March 2015 Super Board and Commission meeting. Members of the following 13 boards and commissions were briefed at that meeting on the Plan’s main elements: Affordable Housing Board, Air Quality Advisory Board, Building Review Board, Citizen Review Board, Cultural Resources Board, Landmark Preservation Commission, Natural Resources Advisory Board, Parks and Recreation Board, Senior Advisory Board, Transportation Board, Water Board, Women’s Commission, and Youth Advisory Board. All boards and commissions were provided a draft Plan and an opportunity to ask for a presentation. Additional presentations were provided to the Human Relations Commission, Senior Advisory Board, and Fort Collins Housing Authority Board. PUBLIC OUTREACH Extensive public outreach occurred throughout the development of this Plan. In addition to the March Super Board and Commission meeting that some members of the public attended, staff offered a workshop on the Plan to the stakeholder group that formed for the Housing Affordability Policy Study in May. Also in May, an open house was hosted for the public. After the June Council Work Session, staff hosted two additional public forums for outreach on the Plan in July. All events were well attended and comments were captured and, where appropriate, incorporated. Staff also presented to several community groups including the Fort Collins Board of Realtors, the Chamber of Commerce, Fort Collins Housing Authority and the Fort Collins Interfaith Council. The draft Plan was posted for more than 30 days on the Social Sustainability page of the City’s web site and a comment box was provided for feedback. Comments were recorded though the web site and by direct email to staff. Lastly, an opportunity for public comment was made available at the September meeting of the Affordable Housing Board. (Attachment 3) 14 Packet Pg. 198 Agenda Item 14 Item # 14 Page 4 ATTACHMENTS 1. Affordable Housing Strategic Plan Work Session summary (PDF) 2. Land Bank Work Session Summary (PDF) 3. Public Outreach Plan (PDF) 4. Sustainability Assessment Summary and Tool (PDF) 5. Powerpoint presentation (PDF) 14 Packet Pg. 199 Social Sustainability 321 Maple Street PO Box 580 Fort Collins, CO 80522 970.221.6758 M E M O R A N D U M Date: June 12, 2015 To: Mayor Troxell and City Councilmembers Thru: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Jacqueline Kozak-Thiel, Chief Sustainability Officer Beth Sowder, Director, Social Sustainability Department From: Sue Beck-Ferkiss, Social Sustainability Specialist Re: June 9, 2015 Work Session Summary: Affordable Housing Strategic Plan Councilmembers present: Mayor Troxell (via phone), Mayor Pro-tem Gerry Horak, Gino Campana, Ross Cunniff, Bob Overbeck, Kristin Stephens and Ray Martinez. Staff present: Jacqueline Kozak-Thiel, Beth Sowder, Sue Beck-Ferkiss, Clay Frickey Discussion Summary: General support for the 2015-2019 Affordable Housing Strategic Plan draft and the five goal pillars was provided to staff with the suggestion that some of the goal language should be improved. Council was generally comfortable with the lack of prioritization of the pillars to allow for flexibility. Discussion about the dynamic nature of rental rates and home sales prices and the desire to keep that industry data as fresh as possible. Council directed staff to use a holistic approach to our housing system in an attempt to provide appropriate housing choices for all residents, while recognizing that this strategic plan focuses on housing for residents making 80% or less area median income because the market requires the investment of subsidy to provide housing to these income levels. Dialogue around being clear about the different terms used in discussing this issue such as affordable housing, housing affordability, low-income housing, or attainable housing. Council agrees that the Land Bank Program is an important asset for affordable housing production and is interested in receiving staff and consultant recommendations about the best way to use this asset. General direction to staff about focusing strategies on attainable outcomes, methodology and implementation. ATTACHMENT 1 14.1 Packet Pg. 200 Attachment: Affordable Housing Strategic Plan Work Session summary (3570 : 2015-2019 Affordable Housing Strategic Plan) 2 Next Steps: Revise draft plan to improve goal language, add overarching vision and metrics Continue outreach and incorporation of input Prioritize strategies for maximum outcomes Follow-up: Staff will provide Council with a status report on the Land Bank Program including the consultant report. 14.1 Packet Pg. 201 Attachment: Affordable Housing Strategic Plan Work Session summary (3570 : 2015-2019 Affordable Housing Strategic Plan) ATTACHMENT 2 14.2 Packet Pg. 202 Attachment: Land Bank Work Session Summary (3570 : 2015-2019 Affordable Housing Strategic Plan) 14.2 Packet Pg. 203 Attachment: Land Bank Work Session Summary (3570 : 2015-2019 Affordable Housing Strategic Plan) Housing Affordability Strategic Plan Revised 9/15 Public Engagement Plan 1 PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE 2015 -2019 Housing Priorities Strategic Plan OVERALL PUBLIC INVOLVEMENT LEVEL Involve BOTTOM LINE QUESTION How should the City prioritize housing goals to support a socially sustainable housing system? PUBLIC ENGAGEMENT ACTIVITIES A broad range of approaches and techniques will be used to engage members of the public, key stakeholder groups, City departments led by Social Sustainability, City boards and commissions, and City Council in the 2015-2019 Housing Priorities Strategic Plan– including public events, advisory committees, online engagement, and broadcast notification and outreach as appropriate. Planning Key Activities: Gather input on the 2015-2019 Housing Priorities Strategic Plan goals and strategies Seek to understand public’s desires for current and potential future opportunities, issues, and needs to address affordable housing. Goals of the draft plan, as developed from the Housing Affordability Policy Study (HAPS) and the Social Sustainability Gaps Analysis, are to: o Increase the inventory of affordable rental units o Preserve the long-term affordability and physical condition of the existing stock of affordable rental housing o Increase housing, and associated supportive services, for people with special needs including people who are homeless, domestic violence victims, people with physical, mental and behavioral health issues and senior citizens o Support opportunities to obtain and sustain affordable homeownership o Refine development incentives and explore alternative funding sources Key Messaging: We know affordable housing is an issue of importance to our community. The Housing Affordability Policy Study began to look at finding creative solutions and tools to create housing opportunities for all. The 2015-2019 Housing Priorities Strategic Plan will be the vehicle to implement and continue to explore HAPS recommendations and provide an action plan for this work. The Housing Priorities Strategic Plan will incorporate public input on what recommended tools from the Housing Affordability Policy Study should be implemented. The 2015-2019 Housing Affordability Priorities Plan will update the 2010-2014 Affordable Housing Strategic Plan. This will be the fourth five-year plan the City has adopted to serve as a roadmap for guiding City policy on affordable housing. ATTACHMENT 3 14.3 Packet Pg. 204 Attachment: Public Outreach Plan (3570 : 2015-2019 Affordable Housing Strategic Plan) Housing Affordability Strategic Plan Revised 9/15 Public Engagement Plan 2 The City must continue its practice of evenly dispersing affordable housing throughout the community. It is the City’s policy – spelled out in City Plan - to have affordable housing throughout the city, not in isolated districts. The home ownership affordability gap is widening in Fort Collins and rents have increased as vacancy has decreased. Additional Messaging (Quick Facts): What is affordable housing? o Dwelling unit available for rent or purchase that would be affordable to households earning 80% or less of the area median income o For renters, the cost of housing including rent and utilities cannot exceed 30% of their gross income o For homeowners, the cost of housing including principal, interest, taxes, insurance, utilities and HOA fees cannot exceed 38% of their gross income o Rule of thumb – no more than 30% of income on housing The Area Median Income for a family of four in Fort Collins – as established by the U.S. Department of Housing and Urban Development or HUD – is $79,300. The median rent for all units in Fort Collins is $1,100 per month. Adjusted for inflation, rent in 1995 (~$575) would only get you $880 today. Rent has grown far faster than inflation. The median sales price in Fort Collins in 2012 was $245,000. Most recent figures from 2014 is around $281,000. 1. Who are the identified stakeholders? List. Residents, business leaders, CSU, property owners, local developers, multi-family housing managers, Fort Collins Housing Authority and other non-profit organizations, Fort Collins Board of Realtors, City boards and commissions, City departments, local development community, and other interested organizations and members of the public. 2. Will it be easy or difficult to engage “average” citizens? Explain. Ironically, while this issue directly affects many “average” citizens, this will be a tough issue to communicate to a broad audience. The key will be illustrating for average citizens examples that make it personal for people, businesses, etc. Illustrating the problem through a wide range of lenses – e.g. income levels – will help people understand the issue and why the need for affordable housing affects everyone, not just the consumers of affordable housing. 3. Is this a technical issue? Explain. Possibly, depending on the level of detail addressed in the plan, and potential solutions that are selected through community input and stakeholder meetings. 4. What is the outreach timeline? Tie to project management timeline: March 2015 – Finalize messaging to stakeholders, Super Boards and Commission Meeting May 12, 2015 – HAPS Stakeholder meeting and public outreach June 9, 2015 –City Council work session June through October 2015 – Continued outreach to civic groups, business community, realtors etc. October 2015 – City Council to consider adoption 14.3 Packet Pg. 205 Attachment: Public Outreach Plan (3570 : 2015-2019 Affordable Housing Strategic Plan) Housing Affordability Strategic Plan Revised 9/15 Public Engagement Plan 3 5. Which engagement tools seem most effective for this issue? Public engagement marketing materials could include but are not limited to: Fact sheet(s) Press release Social media (Facebook, Twitter) Road show materials (PP, posterboards, etc.) Develop template for public meetings (already developed) Infographic(s) 6. Is there a media plan associated? If so, explain. No – not certain of timeline yet. 7. What are the biggest hurdles to this issue and process? Capturing multiple viewpoints from a broad audience about a very complicated issue 8. What are the resource issues? To be determined Key dates and stakeholder outreach March 2015 Build initial stakeholder list based on HAPS stakeholder list(Sue/staff) Update fcgov.com/socialsustainability with timeline (April stakeholder meeting, May work session, July council meeting) (Emily/Dianne) Update Spotlight on fcgov.com, Fort Shorts, SSA newsletter, Neighborhood News, Development Review, etc. with timeline and basic information (Emily) Develop polling exercise for outreach meetings (Sue/Emily/Clay) Develop list of potential public outreach visits (Sue) Develop initial messaging about process/work to date/facts-at-a-glance (Emily) Boards and Commissions “Super Board” meeting – March 9, 2015 April Write memo to Council through Jeff re: update on process before press release is issued about timelines (Sue) Write press release about public meetings/work session in May (Emily) Develop fact sheet about housing metrics/community dashboard info that illustrates the problem (Emily) Reserve space in newsletters for stories drafted from press release (Emily) Discuss possible editorial board with City Manager’s Office (Emily/Sue) May/June Hold May 12 stakeholder workshops (Sue/staff) Hold May 19 Public Forum Provide web site form for public comment June 9 Council work session Additional public outreach? Public meetings set? Open houses? (Sue/Emily) Provide draft plan to CPIO to add design and photos 14.3 Packet Pg. 206 Attachment: Public Outreach Plan (3570 : 2015-2019 Affordable Housing Strategic Plan) Housing Affordability Strategic Plan Revised 9/15 Public Engagement Plan 4 Write articles on May council work session for newsletters (Emily) Interfaith Council May meeting June 9 - Fort Collins Board of Realtors Government Affairs June 11 - Human Relations Commission July July 29 – Public Forum at Harmony Library July 30 – Public Forum, 215 N. Mason Draft sent to all Boards and Commissions through City Clerk Draft posted for public comment AHB member attended the Senior Advisory Board August August 20 – Fort Collins Housing Authority Board September September 3 – Public Hearing at Affordable Housing Board meeting September 8 – Fort Collins Board of Realtors September 8 – Land Bank Program Council Work Session October Consideration by Council Resolution 14.3 Packet Pg. 207 Attachment: Public Outreach Plan (3570 : 2015-2019 Affordable Housing Strategic Plan) SUSTAINABILITY ASSESSMENT SUMMARY DATE: May 27, 2015 SUBJECT: Sustainability Assessment (SA) Summary for 2015 -2019 Affordable Housing Strategic Plan Key issues identified: Social - Stabilizing housing, stabilizes lives Environmental - Better to control growth and combat sprawl by accommodating growth and regulating it. Rehab and better use of existing inventory produces less GHG typically than new construction. Short term construction benefits, affordable housing long term work force support. Suggested mitigation actions: Economic - Avoid policies that create less competitive business environment Environmental - Green Building Code Standards, purposeful Green Built Environments, and allowing smaller housing types Economic , 2.0 Social , 3.0 Environmental 1.0 Rating Average, 2.0 0 0.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 4 14.4 Packet Pg. 208 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) ΎdŚĞ&ŽƌƚŽůůŝŶƐ^dǁĂƐĚĞǀĞůŽƉĞĚďLJŵŽĚŝĨLJŝŶŐƚŚĞdƌŝƉůĞŽƚƚŽŵ>ŝŶĞ;d>ͿŶĂůLJƐŝƐdŽŽůĚĞǀĞůŽƉĞĚďLJ ƵŐĞŶĞ͕KƌĞŐŽŶ͕:ƵůLJϮϬϬϵ͘ϭ City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less dŚĞϮϬϭϱͲϮϬϭϵĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ^ƚƌĂƚĞŐŝĐWůĂŶĞƐƚĂďůŝƐŚĞƐƉŽůŝĐLJĂŶĚĨƵŶĚŝŶŐƉƌŝŽƌŝƚŝĞƐŝŶĂŶĞĨĨŽƌƚƚŽŝŶĨůƵĞŶĐĞƚŚĞŚŽƵƐŝŶŐƐLJƐƚĞŵƚŽƉƌŽǀŝĚĞĂĨĨŽƌĚĂďůĞ ŚŽƵƐŝŶŐ͘ĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐŝƐƚĂƌŐĞƚĞĚƚŽƌĞƐŝĚĞŶƚƐǁŚŽƐĞŝŶĐŽŵĞŝƐϴϬйŽƌůĞƐƐŽĨƚŚĞĂƌĞĂŵĞĚŝĂŶŝŶĐŽŵĞ͘'ŽĂůƐĂƌĞĂƌƚŝĐƵůĂƚĞĚĂŶĚƐƚƌĂƚĞŐŝĞƐĐƌĞĂƚĞĚƚŽĂĚĚ ĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐƵŶŝƚƐ͕ƉƌĞƐĞƌǀĞĞdžŝƐƚŝŶŐŝŶǀĞŶƚŽƌLJŽĨĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐ͕ƉƌŽǀŝĚĞŚŽƵƐŝŶŐŽƉƚŝŽŶƐƚŽƐƉĞĐŝĂůŶĞĞĚƐƉŽƉƵůĂƚŝŽŶƐ͕ƐƵƉƉŽƌƚƚŚĞŽďƚĞŶƚŝŽŶĂŶĚ ƌĞƚĞŶƚŝŽŶŽĨŚŽŵĞŽǁŶĞƌƐŚŝƉ͕ĂŶĚƌĞĨŝŶĞŝŶĐĞŶƚŝǀĞƐĂŶĚĞdžƉĂŶĚĨƵŶĚŝŶŐƐŽƵƌĐĞƐƚŽƉƌŽǀŝĚĞĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐ͘ Staff lead(s):Sue Beck-Ferkiss, Social Sustainability Specialist, 221-6753 Please note staff name, position/division and phone number ůĂLJ&ƌŝĐŬĞLJ͕WůĂŶŶŝŶŐĚĞƉĂƌƚŵĞŶƚ ĞƚŚ^ŽǁĚĞƌ͕^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ ĞƚŚZŽƐĞŶ͕^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ :ŽƐŚŝƌŬƐ͕ ĐŽŶŽŵŝĐ,ĞĂůƚŚ DĂƌLJWĂƚĂƌĚƌƵƉ͕ ŶǀŝƌŽŶŵĞŶƚĂů^ĞƌǀŝĐĞƐ 14.4 Packet Pg. 209 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) Ϯ Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description ϮϬϭϰͲϮϬϭϵĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ^ƚƌĂƚĞŐŝĐWůĂŶ 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion • ,ŽƵƐŝŶŐŝƐĂďĂƐŝĐŶĞĞĚ • ŶŚĂŶĐŝŶŐŚŽƵƐŝŶŐƐƚĂďŝůŝƚLJĨŽƌůŽǁͲŝŶĐŽŵĞĨĂŵŝůŝĞƐĂŶĚŝŶĚŝǀŝĚƵĂůƐ ĐƌĞĂƚĞƐƐƚĂďŝůŝƚLJĂŶĚĞŶŚĂŶĐĞƐƚŚĞŝƌƋƵĂůŝƚLJŽĨůŝĨĞ • WĂLJŝŶŐůĞƐƐĨŽƌŚŽƵƐŝŶŐĨƌĞĞƐƵƉĨƵŶĚƐĨŽƌŽƚŚĞƌďĂƐŝĐŶĞĞĚƐ • ĞƐŝŐŶĞĚƚŽĞŶĐŽƵƌĂŐĞƉƌŽǀŝƐŝŽŶŽĨŚŽƵƐŝŶŐŶĞĂƌũŽďƐĂŶĚƚƌĂŶƐŝƚ • ,ŽƵƐŝŶŐƐƚĂďŝůŝƚLJŝŵƉƌŽǀĞƐƉŚLJƐŝĐĂůĂŶĚŵĞŶƚĂůŚĞĂůƚŚĨĨŽƌĚĂďůĞ ŚŽƵƐŝŶŐĐĂŶůĞĂĚƚŽĂƌĞĚƵĐƚŝŽŶŝŶĐĞƌƚĂŝŶĐƌŝŵĞƐ;Ğ͘Ő͘ƌĞĚƵĐĞĚ ŝŶƐƚĂŶĐĞƐŽĨĚŽŵĞƐƚŝĐǀŝŽůĞŶĐĞĂƐĨĂŵŝůŝĞƐĂƌĞůĞƐƐƐƚƌĞƐƐĞĚͿ 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth • ,ŽƵƐŝŶŐĨŽƌƐƉĞĐŝĂůƉŽƉƵůĂƚŝŽŶƐŝƐĚĞƐŝŐŶĞĚƚŽƌĞŵĞĚLJĐĞƌƚĂŝŶŝŶ ĞƋƵŝƚŝĞƐ • ƵƌƌĞŶƚĐŽŶƐƚƌƵĐƚŝŽŶƐƚĂŶĚĂƌĚƐĂƉƉůLJ͕ŵĞĞƚŝŶŐΘ&Ăŝƌ,ŽƵƐŝŶŐ • ^ƚĂďůĞŚŽƵƐŝŶŐŝƐĐƌŝƚŝĐĂůĨŽƌĚĞǀĞůŽƉŵĞŶƚ • KƵƚƌĞĂĐŚŚĂƐďĞŐƵŶĂŶĚǁŝůůĐŽŶƚŝŶƵĞʹ^ĞǀĞƌĂůĐŽŵŵƵŶŝƚLJ ĐŽŶǀĞƌƐĂƚŝŽŶƐŚĂǀĞĐŽŶƚƌŝďƵƚĞĚƚŽƉůĂŶŽƵƚƌĞĂĐŚŝŶĐůƵĚŝŶŐƚŚĞ 14.4 ϯ and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) ŽŵŵƵŶŝƚLJŽŶǀĞƌƐĂƚŝŽŶŽŶ,ŽŵĞůĞƐƐŶĞƐƐ͕ƚŚĞ^ƵŵŵŝƚŽŶŐŝŶŐ͕ƚŚĞ ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚLJ'ĂƉƐŶĂůLJƐŝƐ͕ƚŚĞ,ŽƵƐŝŶŐĂĨĨŽƌĚĂďŝůŝƚLJWŽůŝĐLJ ^ƚƵĚLJŽƵƚƌĞĂĐŚŝŶĐůƵĚŝŶŐƚǁŽŽƵŶĐŝůtŽƌŬ^ĞƐƐŝŽŶƐ͕ϱzĞĂƌ,h ŽŶƐŽůŝĚĂƚĞĚWůĂŶ͕ĂŶĚƚǁŽƉƵďůŝĐĨŽƌƵŵƐƉůƵƐŵĂŶLJƉƌĞƐĞŶƚĂƚŝŽŶƐŽŶ ƚŚĞƉůĂŶŝƚƐĞůĨ͘^ĞĞKƵƚƌĞĂĐŚWůĂŶ͘ 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? • WůĂŶƉƌŽŵŽƚĞƐŚŽƵƐŝŶŐĨŽƌĂůůƐƉĞĐŝĂůŶĞĞĚƐƉŽƉƵůĂƚŝŽŶƐ • ^ĞƌǀŝĐĞƐĂƌĞĐŽŶƚĞŵƉůĂƚĞĚĨŽƌŵŽƐƚǀƵůŶĞƌĂďůĞƉŽƉƵůĂƚŝŽŶƐ • ^ƵƉƉŽƌƚĞĚƵĐĂƚŝŽŶĂďŽƵƚĨĂŝƌŚŽƵƐŝŶŐĂŶĚŝŶĨŽƌŵĂƚŝŽŶĂďŽƵƚĐŽŵƉůĂŝŶƚ ƉƌŽĐĞƐƐ 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? • ,ŽƵƐŝŶŐǁŝůůďĞĂǀĂŝůĂďůĞƚŽĂůůŝŶĐŽŵĞƋƵĂůŝĨLJŝŶŐŚŽƵƐĞŚŽůĚ • /ŶĚŝƌĞĐƚůLJƐƵƉƉŽƌƚƐĐƵůƚƵƌĂůĞdžĐŚĂŶŐĞďLJƐƚĂďŝůŝnjŝŶŐŚŽƵƐĞŚŽůĚƐĂŶĚ ďƵŝůĚŝŶŐĐŽŵŵƵŶŝƚLJƐĞƚƚŝŶŐƐǁŚĞƌĞĐƵůƚƵƌĂůĞdžĐŚĂŶŐĞƐĐĂŶŽƌŐĂŶŝĐĂůůLJ ŽĐĐƵƌ 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? • ŝƚLJWůĂŶĞŶĐŽƵƌĂŐĞƐĚŝǀĞƌƐŝĨŝĐĂƚŝŽŶŝŶƚŚĞůŽĐĂƚŝŽŶƐĨŽƌĂĨĨŽƌĚĂďůĞ ŚŽƵƐŝŶŐĐŽŵŵƵŶŝƚŝĞƐ • tŚŝůĞƚŚĞƌĞŝƐĂƉĞƌĐĞƉƚŝŽŶƚŚĂƚĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐĐŽŵŵƵŶŝƚŝĞƐůŽǁĞƌ ŚŽƵƐŝŶŐǀĂůƵĞƐ͕ƚŚŝƐŚĂƐŶŽƚďĞĞŶƉƌŽǀĞŶ • EŽƚŝŶŵLJďĂĐŬLJĂƌĚĂƚƚŝƚƵĚĞŵƵƐƚďĞŽǀĞƌĐŽŵĞ • ůůŽǁŝŶŐĨŽůŬƐƚŽůŝǀĞǁŚĞƌĞƚŚĞLJǁŽƌŬŝŶĐƌĞĂƐĞƐƚŚĞŝƌƐĞŶƐĞŽĨ ĐŽŵŵƵŶŝƚLJͲŵŽƌĞůŝŬĞůLJƚŽĨĂůůŝŶůŽǀĞǁŝƚŚƚŚĞĐŝƚLJ • ŵƉůĞŽƉƉŽƌƚƵŶŝƚŝĞƐŚĂǀĞďĞĞŶĂŶĚǁŝůůĐŽŶƚŝŶƵĞƚŽďĞŽĨĨĞƌĞĚĨŽƌ ƉƵďůŝĐŝŶƉƵƚ͘ 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? • ^ĞĞKƵƚƌĞĂĐŚWůĂŶ • ŝƚLJŽƵŶĐŝůtŽƌŬ^ĞƐƐŝŽŶ͕ƉƌĞƐĞŶƚĂƚŝŽŶƐƚŽďŽĂƌĚƐĂŶĚĐŽŵŵŝƐƐŝŽŶƐ͕ ĨŽĐƵƐŐƌŽƵƉƐŽĨŝŶĚƵƐƚƌLJƉƌŽĨĞƐƐŝŽŶĂůƐ͕ƉƌĞƐƐƌĞůĞĂƐĞƐ͕ĞĚŝƚŽƌŝĂůďŽĂƌĚƐ • ZĞƋƵĞƐƚĨŽƌƉƌŽƉŽƐĂůƐ • ^ŽĐŝĂůŵĞĚŝĂ ϰ Potential mitigation strategies: ŶͬĂ Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus 3 Rating represents group average нϯ нϮ нϭ Ϭ Ͳϭ ͲϮ Ͳϯ Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected ϲ Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or ϱ prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? • ,ŽƵƐŝŶŐďƵŝůƚǁŝƚŚ>Žǁ/ŶĐŽŵĞ,ŽƵƐŝŶŐdĂdžƌĞĚŝƚƐ;>/,dͿƌĞƋƵŝƌĞ ƐƉĞĐŝĨŝĐŐƌĞĞŶƐƚĂŶĚĂƌĚƐ • ZĞŚĂďĂŶĚƉƌĞƐĞƌǀĂƚŝŽŶĐƌĞĂƚĞƐůĞƐƐ','ƚŚĂŶŶĞǁĐŽŶƐƚƌƵĐƚŝŽŶ • ,ŽŵĞďƵLJĞƌƐƐŝƐƚĂŶĐĞƉƌŽŐƌĂŵĞŶĐŽƵƌĂŐĞƐƚŚĞƉƵƌĐŚĂƐĞŽĨĞdžŝƐƚŝŶŐ ŚŽŵĞƐ • ZĞŚĂďŝůŝƚĂƚŝŽŶŝŵƉƌŽǀĞƐƋƵĂůŝƚLJŽĨƐƚŽĐŬ͕ŚĞĂůƚŚŽĨƵŶŝƚƐ͕ĂŶĚ ĞŶǀŝƌŽŶŵĞŶƚĂůƉĞƌĨŽƌŵĂŶĐĞĐŽŶƚƌŝďƵƚŝŶŐƚŽůĞƐƐďƌŽǁŶĐůŽƵĚ͕ůĞƐƐ ƐƉƌĂǁů͕ĂŶĚŚĞĂůƚŚŝĞƌƌĞƐŝĚĞŶƚƐ 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? • ƌĞĂƚŝŶŐŚŽƵƐŝŶŐĂŶĚƌĞŚĂďŝůŝƚĂƚŝŶŐŚŽƵƐŝŶŐŝƐĐŽŶƐƵŵƉƚŝŽŶƚŚĂƚĐĂƵƐĞƐ ǁĂƐƚĞĂŶĚ','͘ • ŽŶƐŝƐƚĞŶƚǁŝƚŚĂůůϰŵĂũŽƌƐĞĐƚŝŽŶƐŽĨƚŚĞůŝŵĂƚĞĐƚŝŽŶWůĂŶŝŶĐůƵĚŝŶŐ ďƵŝůĚŝŶŐ͕ĂĚǀĂŶĐĞĚŵŽďŝůŝƚLJ͕ĞŶĞƌŐLJƐƵƉƉůLJĂŶĚǁĂƐƚĞƌĞĚƵĐƚŝŽŶ͘ • ^ŚŽƌƚƚĞƌŵŝŶĐƌĞĂƐĞƐ','ďƵƚŽǀĞƌĂůůďĞŶĞĨŝƚƐƚŚƌŽƵŐŚƌĞĚƵĐƚŝŽŶƐŝŶƚŚĞ ůŽŶŐƚĞƌŵ͘ 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? • /ŶĨŝůůĂŶĚĐŽŵƉĂĐƚĚĞǀĞůŽƉŵĞŶƚŵŝŶŝŵŝnjĞƐƉƌĂǁůĂŶĚĂůůŽǁƐĨŽƌ ĂƉƉƌŽƉƌŝĂƚĞůĂŶĚƵƐĞ • WůĂŶĂůŝŐŶƐǁŝƚŚƉŽůŝĐŝĞƐ • ^ŽŵĞĚĞǀĞůŽƉŵĞŶƚĂĐƚŝǀŝƚLJĐŽƵůĚŝŶĐůƵĚĞƉƌĞƐĞƌǀĂƚŝŽŶŽƌƌĞƐƚŽƌĂƚŝŽŶŽĨ ĞĐŽůŽŐŝĐĂůĨƵŶĐƚŝŽŶƐ 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or • tŚŝůĞǁĂƐƚĞƉƌŽĚƵĐƚƐĂƌĞĐƌĞĂƚĞĚďLJĐŽŶƐƚƌƵĐƚŝŽŶĂĐƚŝǀŝƚLJ͕ďƵŝůĚŝŶŐ ĐŽĚĞƐĂŶĚ'ƌĞĞŶƵŝůƚ ŶǀŝƌŽŶŵĞŶƚŵŝƚŝŐĂƚĞƚŚŝƐŝŵƉĂĐƚ ϲ pollution? 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? • DĂLJĂůůŽǁůĞƐƐŚŽƵƐŝŶŐƚŽďĞďƵŝůƚƌĞĚƵĐŝŶŐƐŽƵƌĐĞŵĂƚĞƌŝĂůƐĨŽƌŶĞǁ ĐŽŶƐƚƌƵĐƚŝŽŶ • >ŝŬĞůLJƚŽĞŶŚĂŶĐĞƐƵƐƚĂŝŶĂďůĞƉƌĂĐƚŝĐĞƐ • /ĨůĂŶĚďĂŶŬĚĞǀĞůŽƉĞĚŝƚǁŝůůŶĞƚĂůŽƐƐŽĨƌĂǁůĂŶĚĂŶĚŚŽƌƐĞƉƌŽƉĞƌƚLJ 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? • dŚĞŚŽƉĞŝƐƚŚĂƚƚŚŝƐǁŝůůƐůŽǁŐƌŽǁƚŚŝŶŽƵƚͲůLJŝŶŐĐŽŵŵƵŶŝƚŝĞƐƚŚĂƚ ŵĂLJĂůůŽǁĚĞǀĞůŽƉŵĞŶƚƵŶĚĞƌůĞƐƐƐƚƌŝŶŐĞŶƚŐƵŝĚĞůŝŶĞƐĂŶĚĚĞƚĞƌŝŶͲ ĐŽŵŵƵƚŝŶŐǁŚŝĐŚŝƐŶŽƚĂƐƵƐƚĂŝŶĂďůĞƉƌĂĐƚŝĐĞ Environmental Health Summary dŚŝƐĐŽŶĐĞƉƚŝƐĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞĐŽŶĐĞƉƚƐŽĨƚŚĞ'ƌĞĞŶƵŝůƚ ŶǀŝƌŽŶŵĞŶƚ͕ĂƉƌŽŐƌĂŵƐƵƉƉŽƌƚĞĚďLJƚŚĞŝƚLJ͘ŽŵƉĂĐƚĐŽŵŵƵŶŝƚŝĞƐƚŚĂƚĞĨĨŝĐŝĞŶƚůLJƵƐĞĞdžŝƐƚŝŶŐ ďƵŝůĚŝŶŐƐƚŽĐŬŚĂǀĞůĞƐƐŶĞŐĂƚŝǀĞŝŵƉĂĐƚƐŽŶŵĂŶLJĂƐƉĞĐƚƐŽĨƚŚĞŶĂƚƵƌĂůĞŶǀŝƌŽŶŵĞŶƚŝŶĐůƵĚŝŶŐƉƌĞƐĞƌǀĂƚŝŽŶŽĨŶĂƚƵƌĂůĂƌĞĂƐ͕ǁĂƚĞƌĂŶĚĂŝƌƋƵĂůŝƚLJ͕ǁĂƚĞƌ ƋƵĂŶƚŝƚLJ͕ŶĂƚŝǀĞŚĂďŝƚĂƚ͕ŚĂďŝƚĂƚĐŽŶŶĞĐƚŝǀŝƚLJ͕ĂŶĚƌĞĚƵĐƚŝŽŶŽĨ'ƌĞĞŶŚŽƵƐĞ'ĂƐ;','ͿĞŵŝƐƐŝŽŶƐƚŚĂƚĐŽŶƚƌŝďƵƚĞƚŽĐůŝŵĂƚĞĐŚĂŶŐĞ͘dŚĞŵĂŐŶŝƚƵĚĞŽĨƚŚĞ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚŝƐƚŝĞĚƚŽĂŵŽƵŶƚŽĨƉŽƉƵůĂƚŝŽŶŚŽƵƐĞĚ͘ Key issues: Better to control growth and combat sprawl by accommodating growth and regulating it. Rehab and better use of existing inventory produces less GHG typically than new construction. Potential mitigation strategies: Green Building Code Standards, purposeful Green Built Environments, and allowing smaller housing types Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus 1 нϯ нϮ нϭ Ϭ Ͳϭ ͲϮ Ͳϯ Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected 14.4 ϳ Rating represents group average ϲ Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion • tŽƌŬĨŽƌĐĞŚŽƵƐŝŶŐƐƵƉƉŽƌƚƐďƵƐŝŶĞƐƐ • ŽŶƐƚƌƵĐƚŝŽŶďĞŶĞĨŝƚƐůŽĐĂůĞĐŽŶŽŵLJ • ^ĂǀŝŶŐƚƌĂŶƐŝƚĐŽƐƚƐďLJůŝǀŝŶŐŶĞĂƌǁŽƌŬĨƌĞĞƐƵƉŝŶĐŽŵĞĨŽƌŽƚŚĞƌ ƉƵƌĐŚĂƐĞƐďĞŶĞĨŝƚƚŝŶŐƚŚĞĞĐŽŶŽŵLJ • >ĞǀĞƌĂŐĞĨĞĚĞƌĂů͕ƐƚĂƚĞĂŶĚƉŚŝůĂŶƚŚƌŽƉŝĐĚŽůůĂƌƐƚŚĂƚĨůŽǁƚŽůŽĐĂů ĞĐŽŶŽŵLJ;ĂƚůĞĂƐƚΨϭ͘ϱŵŝůůŝŽŶĂŶŶƵĂůůLJŝŶĨĞĚĞƌĂůĨƵŶĚƐĂůŽŶĞͿ • ^ƚƌĞĂŵůŝŶĞĨĞĞƐĂŶĚƉƌŽĐĞƐƐǁŽƵůĚďĞŶĞĨŝƚďƵƐŝŶĞƐƐĂŶĚĚĞǀĞůŽƉĞƌƐ • ŽŵŵĞƌĐŝĂůůŝŶŬĂŐĞĂŶĚĞdžĐŝƐĞĨĞĞƐǁŽƵůĚĂĚĚĐŽƐƚƚŽĚĞǀĞůŽƉŝŶŽƵƌ ĐŽŵŵƵŶŝƚLJƉƵƚƚŝŶŐƚŚĞŝƚLJĂƚĂĐŽŵƉĞƚŝƚŝǀĞĚŝƐĂĚǀĂŶƚĂŐĞĂŶĚĐŽƵůĚďĞ ĂŶĞŐĂƚŝǀĞĞĨĨĞĐƚŽŶƚŚĞĞĐŽŶŽŵLJ 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? • ŽŶƐƚƌƵĐƚŝŽŶũŽďƐ • WƌŽƉĞƌƚLJŵĂŶĂŐĞŵĞŶƚ͕ĨĂĐŝůŝƚŝĞƐŵĂŝŶƚĞŶĂŶĐĞĂŶĚŽƚŚĞƌĚŝƌĞĐƚũŽď ƉƌŽĚƵĐƚŝŽŶ • /ŶĐƌĞĂƐĞĚũŽďƌĞƚĞŶƚŝŽŶĂŶĚĐƌĞĂƚŝŽŶĨƌŽŵĂĐĐŽŵŵŽĚĂƚŝŶŐŵŽƌĞ ƌĞƐŝĚĞŶƚƐŝŶƚŚĞŝƚLJ 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or • ,ŽƵƐŝŶŐďƵŝůƚǁŝƚŚ>Žǁ/ŶĐŽŵĞ,ŽƵƐŝŶŐdĂdžƌĞĚŝƚƐ;>/,dͿƌĞƋƵŝƌĞ ƐƉĞĐŝĨŝĐŐƌĞĞŶƐƚĂŶĚĂƌĚƐ ϴ development projects? 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? • /ŶĐůƵƐŝŽŶĂƌLJ,ŽƵƐŝŶŐKƌĚŝŶĂŶĐĞ;/,KͿŽƌŽŵŵĞƌĐŝĂů>ŝŶŬĂŐĞĐŽƵůĚĂĚĚ ĐŽƐƚƐĂŶĚŝŶŚŝďŝƚƉƌŽũĞĐƚƐ • ĚŽƉƚĂhŶŝƚƉƌŽŐƌĂŵ͕ǁŚĞƌĞďƵƐŝŶĞƐƐŽƌĨĂŝƚŚĐŽŵŵƵŶŝƚŝĞƐĐŽƵůĚ ƉƵƌĐŚĂƐĞĂŶĚŝŵƉƌŽǀĞƵŶŝƚƐĂŶĚƉƌŽǀŝĚĞƚŚĞƐĞƚŽƌĞƐŝĚĞŶƚƐĂƚďĞůŽǁ ŵĂƌŬĞƚƌĞŶƚƐ͘ • WƌŽǀŝĚŝŶŐĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐƌĞŵŽǀĞƐĂďĂƌƌŝĞƌƚŽĨƵůůĞŶŐĂŐĞŵĞŶƚŝŶ ƚŚĞǁŽƌŬĨŽƌĐĞ • WůĂĐĞŵĂƚƚĞƌƐʹƌĞĚĞǀĞůŽƉŵĞŶƚŝƐŽƉƉŽƌƚƵŶŝƚLJĨŽƌŚŽƵƐŝŶŐ • tĂŶƚƚŽŵĂŝŶƚĂŝŶŽƌŝŵƉƌŽǀĞƉĞƌĐĞŶƚĂŐĞŽĨƌĞƐŝĚĞŶƚƐƚŚĂƚůŝǀĞĂŶĚ ǁŽƌŬŝŶŝƚLJ;ƵƌƌĞŶƚůLJϱϱйͿ 5. Relevance to Local Economic Development Strategy Economic Prosperity Summary Workforce housing part of healthy business environment. Key issues: Short term construction benefits, affordable housing long term work force support. Potential mitigation strategies: ǀŽŝĚƉŽůŝĐŝĞƐƚŚĂƚĐƌĞĂƚĞůĞƐƐĐŽŵƉĞƚŝƚŝǀĞďƵƐŝŶĞƐƐĞŶǀŝƌŽŶŵĞŶƚ Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus 2 Rating represents group average нϯ нϮ нϭ Ϭ Ͳϭ ͲϮ Ͳϯ Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected ϲ Affordable Housing Strategic Plan 10-6-15 Sue Beck-Ferkiss and Clay Frickey ATTACHMENT 5 14.5 Packet Pg. 217 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Timeline Underlying Studies Subcommittee Formed Super Boards and Commissions Public Outreach ©Copyright 2015 City of Fort Collins. All Rights Reserved. 2 Council Work Session Public Outreach City Council Adoption 2014 Dec. 2014 March 19, 2015 Spring 2015 June 9, 2015 Summer 2015 October 6, 2015 14.5 Packet Pg. 218 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Overarching Goals 2020 – 6% of all units utilizing affordable housing programs 2040 – 10% of all units utilizing affordable housing programs ©Copyright 2015 City of Fort Collins. All Rights Reserved. 3 3.33% 4.41% 4.85% 5.02% 6.00% 10.00% 0% 2% 4% 6% 8% 10% 12% 1999 2004 2009 2015 2020 2040 14.5 Packet Pg. 219 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Overarching Goals ©Copyright 2015 City of Fort Collins. All Rights Reserved. 4 1,592 2,502 2,799 3,075 4,015 5,069 6,233 7,408 8,781 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 1999 2004 2009 2015 2020 2025 2030 2035 2040 Total Number of Units Utilizing Affordable Housing Programs Needed to Meet Long-Term Goal 14.5 Packet Pg. 220 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Overarching Goals Units needed to achieve 6% by 2020 = 940 • 188 units per year Units needed to achieve 10% by 2040 = 5,706 • 228 units per year ©Copyright 2015 City of Fort Collins. All Rights Reserved. 5 14.5 Packet Pg. 221 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Strategies ©Copyright 2015 City of Fort Collins. All Rights Reserved. 6 • Increase the inventory of affordable rental units • Preserve the long-term affordability and physical condition of the existing stock of housing • Increase housing and associated supportive services for people with special needs • Support opportunities to obtain and sustain affordable homeownership • Refine development incentives and expand funding sources and partnerships 14.5 Packet Pg. 222 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Notable Action Plan Items Action Plan Item Expected Outcome Activate Land Bank parcels Up to 600 units Continue homebuyers assistance program 80-100 families attain affordable housing Invest in manufactured housing communities in exchange for an affordability restriction 200-300 units Leverage Affordable Housing Capital Fund 100 units ($2 million leveraged at 1:10 ratio) ©Copyright 2015 City of Fort Collins. All Rights Reserved. 7 14.5 Packet Pg. 223 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Other Notable Action Plan Items Action Plan Item Expected Outcome Landlord Outreach Deploy more Section 8 vouchers and reduce waiting times Employer assisted, workforce housing Bring employer perspective to the provision of affordable housing Units built utilizing social impact bonds Test drive new financial model and apply concepts learned to additional development projects ©Copyright 2015 City of Fort Collins. All Rights Reserved. 8 14.5 Packet Pg. 224 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Notable Metrics ©Copyright 2015 City of Fort Collins. All Rights Reserved. 9 Metric 2010-2015 2020 Target Number of new, affordable rental units built utilizing affordable housing programs 313 842 Number of affordable, owner- occupied homes built 11 84 Housing Opportunity Index 70.4% (Q2 2015) Sustain or increase Leverage rate of City affordable housing funds 1:10 1:10 or better 1 4.5 Packet Pg. 225 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) Recommendation Staff recommends adoption of the Affordable Housing Strategic Plan ©Copyright 2015 City of Fort Collins. All Rights Reserved. 10 14.5 Packet Pg. 226 Attachment: Powerpoint presentation (3570 : 2015-2019 Affordable Housing Strategic Plan) - 1 - RESOLUTION 2015-086 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN WHEREAS, in 1999 the City Council adopted the City’s first Affordable Housing Needs and Strategies Report, which was updated in 2004; and WHEREAS, on July 20, 2010, the City Council adopted the 2010-2014 Affordable Housing Strategic Plan; and WHEREAS, at a work session on June 9, 2015, City staff presented a draft of the 2015- 2019 Affordable Housing Strategic Plan to the City Council; and WHEREAS, based on Council feedback from that work session, staff has revised the draft plan to improve goal language, add an overarching vision and to add metrics to measure progress; and WHEREAS, the revised draft 2015-2019 Affordable Housing Strategic Plan, dated September 2, 2015, is attached as Exhibit “A” and incorporated by reference (the “Plan”); and WHEREAS, the Plan is built around five primary strategies: Increase the inventory of affordable rental units; Preserve the long-term affordability and physical condition of the existing stock of housing; Increase housing and associated supportive services for people with special needs; Support opportunities to obtain and sustain affordable homeownership; and Refine development incentives and expand funding sources and partnerships; and WHEREAS, the Plan also considers various funding sources, and recognizes that the City does not develop affordable housing units on its own, but relies on help from community partners to accomplish its affordable housing goals; and WHEREAS, a subcommittee of members of the City’s Affordable Housing Board and the Community Development Block Grant Commission were directly involved in producing the Plan, and members of sixteen City Boards and Commissions were presented with information about the proposed Plan; and WHEREAS, staff also sought community input on the draft Plan and incorporated citizens’ comments where appropriate; and WHEREAS, the City Council has determined that it is in the best interests of the City to adopt the Plan. Packet Pg. 227 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Plan is hereby approved and adopted. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 228 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN EXHIBIT A 1 Packet Pg. 229 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN October 6, 2015 This plan sets forth goals, strategies, action items, and metrics to guide the City’s affordable housing policy and funding for a 5 year period. This plan is the City’s fourth 5-year Affordable Housing Strategic Plan. City of Fort Collins Social Sustainability Services PO Box 580 Fort Collins, CO 80522 fcgov.com/socialsustainability 1 Packet Pg. 230 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 1 Packet Pg. 231 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN I ŹACKNOWLEDGEMENTS Fort Collins City Council Wade Troxell, Mayor Bob Overbeck, District 1 Ray Martinez, District 2 Gino Campana, District 3 Kristin Stephens, District 4 Ross Cunniff, District 5 Gerry Horak, District 6 City Leadership Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Jacqueline Kozak-Thiel, Chief Sustainability Officer Beth Sowder, Director of Social Sustainability Project Management Team Sue Beck-Ferkiss, Social Sustainability Specialist Clay Frickey, Associate Planner Beth Rosen, Affordable Housing Program Administrator Advisory Group Troy Jones, Affordable Housing Board Chair Diane Cohn, Affordable Housing Board Tatiana Martin, Affordable Housing Board Kristin Stephens, Community Development Block Grant Commission Anita Basham, Community Development Block Grant Commission 1 Packet Pg. 232 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) II 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN ŹTABLE OF CONTENTS źEXECUTIVE SUMMARY ....................................................................................................................................... V 1. INTRODUCTION ................................................................................................................................................ 1 1.1 The Housing Continuum .............................................................................................................................................................. 3 1.2 The Need for High Quality Affordable Housing ............................................................................................................................ 6 1.3 Short-Term and Long-Term Goals ............................................................................................................................................. 14 1.4 A Note about Water Rights ........................................................................................................................................................ 16 2. GUIDING PRINCIPLES .................................................................................................................................... 19 3. FINANCIAL RESOURCES AND PARTNERS ................................................................................................ 21 3.1. Federal Grants and City General Fund Budget ......................................................................................................................... 21 3.2. Allocation of Financial Resources .............................................................................................................................................. 23 3.3. Private Activity Bonds ................................................................................................................................................................ 24 3.4. Development Incentives ............................................................................................................................................................ 25 3.5. Home Ownership ....................................................................................................................................................................... 26 3.6. Other Innovative Funding Strategies ......................................................................................................................................... 26 3.7 Partners in Affordable Housing .................................................................................................................................................. 27 4. STRATEGIES, OBJECTIVES, AND ACTION PLANS ................................................................................... 31 4.1. Increase the Inventory of Affordable Rental Units ..................................................................................................................... 33 4.2. Preserve the Long-term Affordability and Physical Condition of Existing Stock of Housing ...................................................... 37 4.3. Increase Housing and Associated Supportive Services for People with Special Needs ........................................................... 42 4.4. Support opportunities to obtain and sustain affordable homeownership ................................................................................... 49 4.5. Refine development incentives and expand funding sources and partnerships ....................................................................... 53 5. CONCLUSION ................................................................................................................................................. 59 APPENDIX A – OUTREACH SUMMARY ................................................................................................................. 61 Super Boards & Commissions Meeting ..................................................................................................................................................... 61 HAPS Stakeholder Meeting ....................................................................................................................................................................... 61 Public Open House .................................................................................................................................................................................... 62 Public Forums ............................................................................................................................................................................................ 62 Affordable Housing Board Public Hearing ................................................................................................................................................. 62 Comment form on Social Sustainability website ........................................................................................................................................ 62 1 Packet Pg. 233 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN III ŹTABLE OF FIGURES Figure 1: Income vs. Subsidy Needed for Housing Projects ........................................................................................................ 3 Figure 2: Affordable Units Available Per 100 Households Earning Less Than 30% AMI ............................................................. 4 Figure 3: AMI Levels of Common Occupations in Fort Collins for a 4-person household ............................................................ 5 Figure 4: Vacancy Rate and Average Monthly Rent in Fort Collins, 1995-2015 .......................................................................... 6 Figure 5: Fort Collins Trade Area Affordability Gaps, 2000 .......................................................................................................... 7 Figure 6: Fort Collins Trade Area Affordability Gaps, 2015 .......................................................................................................... 7 Figure 7: Annual Average Consumer Price Index-Adjusted Sales Price Change, 2000-2015 ..................................................... 8 Figure 8: HUD Median Household Income Trends, 2000-2015 ................................................................................................... 9 Figure 9: Number of Cost Burdened Homeowners ...................................................................................................................... 9 Figure 10: Number of Renter Households 51-80% AMI that Could Benefit from Homebuyers Assistance ................................ 10 Figure 11: Number of Cost Burdened Renter Households ......................................................................................................... 11 Figure 12: Number of Affordable Rental Units Built ................................................................................................................... 12 Figure 13: Number of Affordable Owner Units Built ................................................................................................................... 12 Figure 14: Percentage of Overall Housing Units that are Affordable Housing built utilizing affordable Housing Programs ....... 13 Figure 15 - Total Number of Units built utilizing affordable housing programs Needed to Meet Long-Term Goal ..................... 15 Figure 16: Rental Housing Gaps, 2000–2012 ............................................................................................................................ 33 Figure 17: Number of Individuals Experiencing Homelessness ................................................................................................. 42 Figure 18: Total Number of Individuals/Households experiencing homelessness ..................................................................... 43 Figure 19: Average Cost of Building Housing in Fort Collins, 2000-2013 .................................................................................. 53 1 Packet Pg. 234 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) IV 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 Packet Pg. 235 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN V ŹEXECUTIVE SUMMARY Fort Collins envisions a housing system that provides housing options for all residents regardless of income, age or life stage. In keeping with this vision, the City of Fort Collins has produced a strategic plan related to affordable housing every five years since 1999. This 2015-2019 Affordable Housing Strategic Plan (Plan) is the third update to the original plan produced in 1999. The Plan specifically targets affordable housing, which is for residents earning 80% Area Median Income (AMI) or less. The goal of this plan is to have 6% of Fort Collins’ housing stock comprised of affordable housing built utilizing affordable housing programs by 2020. The City’s long-term goal is for this ratio of supported, affordable housing to overall housing units increase to 10% by 2040. The study that forms the foundation of this plan, the Housing Affordability Policy Study (HAPS), looked at Fort Collins’ entire housing inventory and system. HAPS found the City has gaps in affordable housing inventory at all income levels, but the biggest need was for the lowest wage earners. HAPS also showed that many middle-income households are spending more on housing and earning less. With increasing housing costs and stagnant wage growth, households all along the affordable area median income (AMI) spectrum need help with affording housing. The Plan proposes five strategies to achieve the short-term goal of 6% of all housing units to be affordable units built utilizing affordable housing programs. These strategies are: Increase the inventory of affordable rental units Preserve the long-term affordability and physical condition of the existing stock of housing Increase housing and associated supportive services for people with special needs Support opportunities to obtain and sustain affordable homeownership Refine development incentives and expand funding sources and partnerships The Plan does not prioritize the five strategies. The five strategies target different segments of the population, ensuring that people of all incomes and life stages have access to affordable housing. Each strategy contains a specific action plan that identifies the kind of action needed for implementation. The action plans contain ongoing, short-term, medium-term and long-term items so that progress can be made in all phases of the Plan. Metrics accompany each strategy so that the City can measure the progress of each strategy and its action plan items. The metrics will provide a 1 Packet Pg. 236 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) VI 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN baseline of data for future planning initiatives and keep the Plan focused on delivering positive outcomes for the community. By achieving the objectives contained within this Plan, the City will expand the affordable housing options available to the community. The intended result will be an inclusive community accessible by all. 1 Packet Pg. 237 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 1. INTRODUCTION The City of Fort Collins believes one of the keys to a healthy community is the ability to house its citizens in good quality, affordable housing. The City remains committed to this ideal through the Affordable Housing Strategic Plan. The purpose of this plan is to guide resources for future funding and policy decisions for developing affordable housing. During this plan phase, the City aims to increase the stock of affordable housing built or renovated utilizing affordable housing programs to 6% of all units in Fort Collins. By 2040, the City aspires to increase this stock of affordable housing to 10% of all units in Fort Collins. This plan provides a foundation that allows flexibility for supporting affordable housing. This plan does not contain a prioritized list of action items or a predetermined dollar amount for specific projects. The five pillars of this plan are its strategies: Increase the inventory of affordable rental units Preserve the long-term affordability and physical condition of the existing stock of housing Increase housing and associated supportive services for people with special needs Support opportunities to obtain and sustain affordable homeownership Refine development incentives and expand funding sources and partnerships Affordable housing has a direct impact on the social, economic and environmental health of our community. Socially, affordable housing has an undeserved stigma. Many people think affordable housing refers to public housing projects from the 1950s and 1960s. Affordable housing in Fort Collins, however, takes many forms and is integrated within the community. Economically, the more a household has to spend on housing the less money they have for other needs. Housing costs will typically take precedence over other staples such as food, transportation and medical care. These factors lead to less individual wellness and less community prosperity. Less individual wellness leads to less stable housing conditions, which leads to less stable families and neighborhoods. From an environmental perspective, a lack of affordable housing pushes some community members that work in Fort Collins out to other communities to live. This creates congestion on our roads and increased pollution, which damages the environment that the Fort Collins community cherishes. Thus to create a healthier community, Fort Collins must actively pursue policies to ensure that people from all walks of life can find an affordable, quality place to live. 1 Packet Pg. 238 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN The City’s role in the provision of affordable housing falls into four categories: policy, regulation, facilitation and funding. It is important to remember that the City does not build housing, but relies on development partners to produce desired units. The City’s affordable housing policies encourage a variety of housing throughout the community so all of its citizens can live in safe, good quality, and affordable housing. Its policies should encourage the construction of new and preservation of existing affordable housing units. Its policies, as expressed in City Plan, should also continue to evenly disperse affordable housing throughout the community to promote healthy mixed income neighborhoods. The City should also continuously monitor its affordable housing policies to ensure they are reflective of the best practices in encouraging the development of affordable housing. The City’s regulatory role is to eliminate barriers to the development of affordable housing. Many of the City’s regulations add time and costs to housing projects. The City implemented these regulations to maximize the quality of development in the community. However, many developers see some of these regulations as driving up costs and over-processing projects that they could accomplish in other communities with relative ease. The City’s challenge is to find the right balance between regulations that ensure quality development without discouraging affordable housing. City staff should consistently update these regulations to ensure there are as few barriers to providing high quality affordable housing as possible. The availability of City funds can make or break an affordable housing project. The City’s role in funding affordable housing is to be an early piece of the funding puzzle so affordable housing providers can leverage these funds to access private, foundation, state and federal funds. Funders often prefer to support affordable housing projects that have local support. This funding strategy allows the City to help kick start affordable housing projects that otherwise could have been difficult to fund. The first iteration of this plan, Priority Affordable Housing Needs and Strategies, was created in 1999 to establish goals and strategies to increase the provision of affordable housing. Since then, the City has updated the plan every five years to reassess its policy goals and refine its strategies. The current update uses the Housing Affordability Policy Study (HAPS) as its foundation1. HAPS was conducted in 2014 to provide a detailed assessment of housing affordability policy and needs for the City of Fort Collins. HAPS also investigated the efficacy of housing affordability policies used in other 1 A copy of the Housing Affordability Policy Study can be found on the City’s website at http://www.fcgov.com/sustainability/pdf/HAPSFinalReport.pdf 1 Packet Pg. 239 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 3 similar communities nationwide. The study made policy recommendations with a detailed analysis of current housing and socioeconomic trends to support its findings. 1.1 The Housing Continuum One of the guiding principles of this plan is that members of all income and age brackets should be able to find adequate housing in Fort Collins. The provision of adequate housing to all income brackets has proven to be a challenge, however. From a developer’s perspective, low-income households are not a lucrative target market since they cannot afford high rents or mortgages. As such, many developers will forego constructing affordable housing units and target higher income tenants since they can turn a profit easier. In this scenario, very few developers build affordable housing units. To combat this dilemma, many programs at the federal, state and local level offer money to subsidize the construction of affordable housing units. Cities also enact various policies to incentivize the construction of affordable housing such as density bonuses, fee waivers and in some cases, requirements for providing affordable housing as a part of certain types of development. Often times, these subsidies are sufficient to build units affordable to households earning 60% of AMI or more. This approach still leaves many households underserved. Many households that earn less than 60% of AMI cannot find affordable housing and as a result end up renting or owning a home they cannot afford. These households require a greater level of subsidy for developers to provide housing that is truly affordable to them (Figure 1). FIGURE 1: INCOME VS. SUBSIDY NEEDED FOR HOUSING PROJECTS Source: City of Fort Collins 1 Packet Pg. 240 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 4 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN As a state, Colorado has one of the most acute affordable housing shortages. In Colorado there are less than 25 units available and affordable per 100 households earning 30% AMI and less (Figure 2). While this chart does not show how Fort Collins compares to the overall state average by this metric, it is a troubling statistic. FIGURE 2: AFFORDABLE UNITS AVAILABLE PER 100 HOUSEHOLDS EARNING LESS THAN 30% AMI Source: NLIHC Tabulations of 2013 ACS PUMS data Another issue with affordable housing is the undeserved stigma attached. As discussed earlier, many community members equate low-income housing with run down, large-scale housing projects built in the post-World War II period. The affordable housing inventory of the City is a testament to how this has changed. Often times, community members are quick to object to affordable housing in their neighborhood. Since affordable housing in Fort Collins is defined as 1 Packet Pg. 241 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 5 serving incomes up to 80% area median income (AMI) many of these objecting residents actually qualify for and live in affordable housing (Figure 3). FIGURE 3: AMI LEVELS OF COMMON OCCUPATIONS IN FORT COLLINS FOR A 4-PERSON HOUSEHOLD Source: Bureau of Labor Statistics What this continuum shows is that many members of the Fort Collins community that provide vital services have a difficult time affording to live in Fort Collins. This is especially true if the sole income earner works in one of the professions along this continuum. This means many families in the community have difficult choices to make. Should they live closer to work at the expense of putting money away in case of a medical emergency? On the other hand, should they live further away from Fort Collins, which means spending less time with their family and spending more money on transportation? Many of these families choose to live outside of Fort Collins. This phenomenon is colloquially known as the Drive Till You Qualify effect. Since housing is expensive in Fort Collins, many families choose to reside in surrounding communities since rent is cheaper. The impact of this phenomenon is that more people commute in to Fort Collins, which results in more traffic congestion. Increased traffic congestion leads to more pollution, which leads to a decreased quality of life for the community. By encouraging the development of more affordable housing, Fort Collins is attempting to create an inclusive community that everyone can call home. In doing so, Fort Collins hopes to also combat the social stigma attached to affordable housing and minimize the impact of the Drive Till You Qualify phenomenon. How acute is the affordable housing issue in Fort Collins? What follows is a brief discussion of various indicators that suggest the scale of the affordable housing issue in Fort Collins. Please note that in the following section the data reported from the 2009 AHSP used numbers for Larimer County as a whole, not Fort Collins only data. The other plans use data for Fort Collins only. 1 Packet Pg. 242 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 6 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1.2 The Need for High Quality Affordable Housing Affordable housing is one of the most important issues facing our community. According to the 2013 Citizen Survey, affordable housing was the number one challenge identified by respondents facing Fort Collins (City of Fort Collins, Communications and Public Involvement Office). The perception of a lack of affordable housing in Fort Collins is confirmed by looking at the socioeconomic and housing trends of the area. The following discussion provides an overview of why the need for affordable housing in Fort Collins is especially acute. FIGURE 4: VACANCY RATE AND AVERAGE MONTHLY RENT IN FORT COLLINS, 1995-2015 Source: CDOM, Economic & Planning Systems Rents in Fort Collins have steadily increased over the past 20 years with a current average monthly rent of $1,173.59 as of the first quarter, 2015 (Figure 4). In comparing the trends of vacancy rate and average monthly rent, it is clear that as the vacancy rate has dropped average rents have increased. A worrying sign is that even though vacancy rates have spiked in the past decade, these spikes have not necessarily correlated to a drop in the average rent even when the vacancy rate is higher. This shows that merely increasing supply and a correspondingly higher vacancy rate may not result in an easing of rising rents. This could be due to the lingering impacts of the Great Recession. The Great Recession resulted in a decrease in housing production. As such, the Fort Collins market is catching up with the pent up demand for housing. It will take time for increased inventory to have an effect on average rental rates. 1 Packet Pg. 243 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 7 FIGURE 5: FORT COLLINS TRADE AREA AFFORDABILITY GAPS, 2000 Source: US Census, Economic Planning Systems FIGURE 6: FORT COLLINS TRADE AREA AFFORDABILITY GAPS, 2015 Source: US Census, Economic Planning Systems 1 Packet Pg. 244 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 8 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Home ownership has also become increasingly less attainable to households earning the median income in Fort Collins. In 2000, the median sales price of homes in Fort Collins was $168,000 but a family earning the area median income could only afford a home priced at $124,500 (Figure 5). This means a family earning the area median income had $43,500 gap between what they could afford and the median priced home. This affordability gap has widened in Fort Collins since 2000. In 2015, the gap between the affordable for sale price and median sales price of homes was $98,475 in Fort Collins (Figure 6). Over the same period, many other communities in Northern Colorado also saw their affordability gap widen. This affordability gap has widened not only due to increased home prices but also flat household income growth. FIGURE 7: ANNUAL AVERAGE CONSUMER PRICE INDEX-ADJUSTED SALES PRICE CHANGE, 2000-2015 Source: Elevations Real Estate, Economic Planning Systems From 2000 to 2015, the cost of housing has increased faster than the cost of living by 1.5% annually (Figure 7). This means that Fort Collins households have 15% less purchasing power today than they did in 2000. The downward trend of median income in recent years supports this trend of decreased purchasing power for Fort Collins households. 1.5% 1.1% 0.6% 1.7% 0.6% 0.8% 0.6% 2.2% 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% FortCollins Berthoud Greeley Johnstown Longmont Loveland Wellington Windsor 1 Packet Pg. 245 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 9 FIGURE 8: HUD MEDIAN HOUSEHOLD INCOME TRENDS, 2000-2015 Source: U.S. Department of Housing & Urban Development, Economic Planning Systems While actual median household income has increased since 2000 in Fort Collins, the area median income has decreased when adjusted for inflation (Figure 8). In the early 2000’s, median income rose steadily until they reached a peak in 2005. Since 2005, median income has fluctuated but has trended downward since 2009. 2015 is the first year since 2009 where median income has risen when adjusted for inflation. While area median income has increased in 2015, the housing affordability gaps graphic shows that wages and home prices have moved in different directions. With home prices increasing and wages flat or stagnant, there has been increased strain put on families trying to afford their current housing. More families are cost-burdened as a result of these trends. FIGURE 9: NUMBER OF COST BURDENED HOMEOWNERS Sources: U.S. Department of Housing and Urban Development, Larimer County Housing Needs Assessment, Housing Affordability Policy Study $47,900 $49,500 $51,700 $55,100 $56,600 $58,900 $58,900 $58,900 $63,800 $63,900 $63,700 $65,300 $66,100 $64,500 $62,500 $66,200 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 InflationͲAdjustedIncome MedianHouseholdIncome(2.5Ͳpersons) 3,500 3,629 4,000 2,580 0 1,000 2,000 3,000 4,000 1999 2004 2009 2015 1 Packet Pg. 246 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 10 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN The increase in housing prices combined with flat income growth has affected the amount of money families spend on housing. Since the first Affordable Housing Strategic Plan in 1999, the number of cost-burdened homeowners has fallen from 3,500 to 2,580 now (Figure 9). A cost-burdened household is one that spends more than 30% of its income on housing. While some of these cost-burdened households are wealthy and are cost-burdened by choice, the majority of these households simply cannot afford the home they own. By spending a large percentage of their income on housing, cost-burdened households have less money to spend on other necessities like food, transportation and medical care. This lessens local consumer activity and negatively affects the local economy. This also leads to a scenario where large, unexpected expenses or bills can put households at risk of losing their home. The lower the household income, the less resilient they are in their capacity to overcome even minor financial challenges. An increase in quality, affordable housing will help households at lower income levels avoid this precarious financial scenario. FIGURE 10: NUMBER OF RENTER HOUSEHOLDS 51-80% AMI THAT COULD BENEFIT FROM HOMEBUYERS ASSISTANCE Sources: U.S. Department of Housing and Urban Development, Larimer County Housing Needs Assessment, Housing Affordability Policy Study A related issue to cost-burdened homeowners is renters that are looking to move into homeownership but cannot afford a down payment. Since 1999, the number of renter households that earn 51-80% of the area median income that could benefit from homebuyers assistance has more than doubled from 2,400 to 5,823 currently (Figure 10). Many of the renters that could benefit from homebuyers assistance are currently living in housing affordable to lower income households. By assisting homebuyers, the City can help households enter homeownership while freeing up affordable rental units for low-income households. 2,400 2,997 4,550 5,823 0 1,000 2,000 3,000 4,000 5,000 6,000 1999 2004 2009 2015 1 Packet Pg. 247 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 11 FIGURE 11: NUMBER OF COST BURDENED RENTER HOUSEHOLDS Sources: U.S. Department of Housing and Urban Development, Larimer County Housing Needs Assessment, Housing Affordability Policy Study Where Fort Collins has made progress regarding affordable housing is in the provision of affordable rental housing. While there are still 8,800 cost-burdened renter households in Fort Collins, this is a decrease of 3,200 when compared to 2009 (Figure 11). This may be an exaggerated difference because the 2009 data was taken from a county-wide study. Still it is important to note that cost-burdened renter households often include students and seniors living on a fixed income. Many students receive some financial support from their families and are cost-burdened in name only. Seniors living on a fixed income also appear cost-burdened but many times have a lifetime of accumulated wealth to support them. As such, the true number of cost-burdened households is a fraction of what is represented in this chart. While Fort Collins has made progress related to this metric, a sizable number of renters are still cost burdened and could benefit from more affordable rental units. 7,800 8,556 12,000 8,800 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 1999 2004 2009 2015 1 Packet Pg. 248 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 12 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN FIGURE 12: NUMBER OF AFFORDABLE RENTAL UNITS BUILT Source: City of Fort Collins, Social Sustainability Department FIGURE 13: NUMBER OF AFFORDABLE OWNER UNITS BUILT Source: City of Fort Collins, Social Sustainability Department Fort Collins has also made significant progress in supporting affordable housing developments. Since the first Affordable Housing Strategic Plan was adopted in 1999, Fort Collins has produced more affordable housing than at any other time in its history. In the past 5 years alone, Fort Collins has helped support the development of a comparable number of 314 217 466 1,245 441 0 200 400 600 800 1,000 1,200 1,400 1970Ͳ1979 1980Ͳ1989 1990Ͳ1999 2000Ͳ2009 2010Ͳ2015 107 0 75 85 11 0 20 40 60 80 100 120 1970Ͳ1979 1980Ͳ1989 1990Ͳ1999 2000Ͳ2009 2010Ͳ2015 1 Packet Pg. 249 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 13 affordable rental units as the 1990s (Figure 12). This is still a slower rate than what the City helped provide from 2000- 2009. There has also been less development of affordable ownership units since 2010 (Figure 13). At first glance, this development trend is troubling. However, when looking at the ratio of units that have used affordable housing programs to the overall housing stock it is clear this downturn in affordable housing production is in line with less overall development activity in Fort Collins. FIGURE 14: PERCENTAGE OF OVERALL HOUSING UNITS THAT ARE AFFORDABLE HOUSING BUILT UTILIZING AFFORDABLE HOUSING PROGRAMS Sources: U.S. Department of Housing and Urban Development, Larimer County Housing Needs Assessment, Housing Affordability Policy Study Since 1999, the ratio of affordable housing to market rate housing has improved (Figure 14). This means that affordable housing projects are making up a greater percentage of all development projects than in the past. Therefore, while the amount of affordable housing units developed has gone down since 2010, they are making up a larger percentage of development projects. While the improved provision of affordable housing units is an encouraging trend, Fort Collins must do more to continue to encourage additional affordable housing projects in the face of rising home prices, rising rents and flat incomes. There are more cost-burdened households in Fort Collins than ever before and home prices continue to rise. It is crucial that 3.33% 4.41% 4.85% 5.02% 0% 1% 2% 3% 4% 5% 6% 1999 2004 2009 2015 1 Packet Pg. 250 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 14 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Fort Collins refines its affordable housing policies in light of these trends to ensure Fort Collins is a livable community for all. 1.3 Short-Term and Long-Term Goals The short-term goal for this plan is to ensure that by 2020, 6% of all housing units in Fort Collins will be comprised of housing utilizing affordable housing programs. This goal represents an increase of one percentage point above the current amount of affordable housing in Fort Collins. While a 1% increase may seem small, the number of units needed to achieve this goal will require the City to bring a historic number of affordable units online in the next 5 years. As of 2015, there are approximately 61,294 housing units in Fort Collins, of which 3,075 are affordable. On average, the City of Fort Collins issues 1,100 building permits per year for housing units. Using this average building permit issuance rate of 1,100 per year, Fort Collins will have approximately 66,915 housing units in 2020. In order to achieve the 6% goal, Fort Collins will need to have 4,015 affordable housing units in 2020. This means the City needs to bring 940 more affordable housing units online in the next 5 years, or 188 units per year to achieve the 6% goal. Given that the City saw 452 affordable housing units come online from 2010-2014, the City would need to double the rate of affordable housing production in the coming 5 years to achieve the 6% goal. This is an ambitious goal but with the tools at the City’s disposal, it is an attainable goal that will require coordination between the City and its partners. Over the course of the next 25 years, the long-term goal identified in this plan is to increase the amount of affordable housing units to 10% of the overall housing stock. That means that the amount of affordable housing units as a percentage of the overall housing stock must increase one percentage point every five years. By using the same assumptions as the short-term goal, this means that Fort Collins will have approximately 87,807 housing units by 2040. To reach the 10% goal, 8,781 of the overall housing units in Fort Collins must be affordable by 2040. This requires that 5,706 affordable housing units will need to come online by 2040, which translates to an average of 228 units per year. What this means is that for every 5-year plan between now and 2040, the City will have to increase the amount of affordable housing by one percentage point as a ratio to the overall housing stock. This would represent a historically high rate of affordable housing production (Figure 15). 1 Packet Pg. 251 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 15 FIGURE 15 - TOTAL NUMBER OF UNITS BUILT UTILIZING AFFORDABLE HOUSING PROGRAMS NEEDED TO MEET LONG-TERM GOAL Source: City of Fort Collins, Planning Department The 10% goal is an ambitious goal. To meet this goal, the City will likely have to implement a series of programs and policies that may not be palatable currently. But as the City approaches build out in 2040 providing affordable housing will require further incentives to reduce costs and money from the City to bridge the financial gap on affordable housing projects. By quantifying these aspirations, future iterations of this plan will be better equipped to make targeted recommendations to achieve the long-term, 10% goal. 1,592 2,502 2,799 3,075 4,015 5,069 6,233 7,408 8,781 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 1999 2004 2009 2015 2020 2025 2030 2035 2040 1 Packet Pg. 252 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 16 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1.4 A Note about Water Rights Throughout the Affordable Housing Strategic Plan outreach process, many citizens brought up water rights as a barrier to providing affordable housing. In order to build housing, developers must purchase and dedicate water rights to the water provider that serves the development or provide cash-in-lieu so that the water provider may purchase water or develop supplies through acquiring storage, etc. Developers may purchase water rights on the open market. For those water districts that accept cash-in-lieu, the price is typically set at the market value for acceptable rights. Three water districts serve the majority of Fort Collins residents: Fort Collins Utilities, East Larimer County Water District (ELCO) and Fort Collins-Loveland Water District (FCLWD). Fort Collins Utilities has invested and planned for adequate water rights to supply its customers since the 1880s. The City acquired senior direct flow rights from the Poudre River and depended primarily on those rights to satisfy its water demands. In the late 1950s, the City began acquiring units of Colorado-Big Thompson (CBT) water. CBT water is diverted from the west slope and stored in Lake Granby, Carter Lake and Horsetooth Reservoir. Managed by Northern Water, CBT water is intended to supplement native water supplies in Colorado’s northern Front Range. Since the 1950s, the City has acquired a diverse water right portfolio through active acquisition of water rights, purchasing water rights before they are needed, by establishing raw water requirements for new development, and through acquisition and conversion of agricultural rights for municipal use. ELCO and FCLWD organized in the 1960s and thus were not able to capitalize on senior direct flow Poudre River rights as the City did in the early 1900s. Until 2004, both Districts relied on water from the CBT project to satisfy water demands. In 1997, recognizing that CBT water would increase in price and decrease in availability, the water districts, Fort Collins and Greeley started the process of participating in the construction of the Pleasant Valley Pipeline (PVP). The pipeline, completed in 2004, allows the participants to receive raw water from the Poudre River to their respective treatment facilities from May to October. Access to the Poudre River provides ELCO and FCLWD with a redundant water supply and has allowed a water portfolio shift from primarily CBT water to a more balanced blend of CBT and Poudre River supplies. Both districts (and the City) are also pursuing storage projects that allow carryover of supplies from year to year. Because ELCO and FCLWD have a shorter water supply planning period, they are acquiring supplies as they need them, either through active acquisition or through raw water dedication by development. The market rate today for water is higher than it was even 10 years ago. Consequently, the Water Districts must set their cash-in-lieu price higher than the City or developers are required to seek water rights at today’s market rate. The developer passes this additional cost 1 Packet Pg. 253 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 17 on to the eventual homeowner by increasing the sales price of the home. Since most of the developable land left in Fort Collins is in the ELCO and Fort Collins-Loveland Water District, these price differentials may have a negative impact on affordable housing. The City is exploring ways to a more equitable system for acquiring water rights within the Growth Management Area. More equitable pricing of water rights could potentially lead to more affordable housing in Fort Collins. 1 Packet Pg. 254 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 18 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 Packet Pg. 255 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 19 2. GUIDING PRINCIPLES The following statements are the principles that embody the spirit of the Affordable Housing Strategic Plan. All of the strategies, action plans and objectives in this plan were created with the following principles in mind. Affordable housing supports economic development, ensures diversity and builds community Affordable housing is ultimately someone’s home; it should be safe, attractive, and livable Affordable housing options should be available throughout the city, not concentrated in one area Affordable housing must include options for special needs and vulnerable populations Affordable housing supports a stable workforce at all wage levels Needs of all stakeholders must be considered in the development of affordable housing Public and private collaboration is crucial to the success of our affordable housing plan Successful solutions for affordable housing require community-wide investment and support Our affordable housing plan must be specific enough to generate real solutions and flexible enough to address the changing landscape of the community Limited financial resources must be targeted for housing the lowest income households. Policy should be used all along the continuum to stimulate a wide range of housing choice for residents at all ages, income levels and life stages. 1 Packet Pg. 256 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 20 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 Packet Pg. 257 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 21 3. FINANCIAL RESOURCES AND PARTNERS Financing affordable housing is difficult at best. The availability of subsidy is limited and subject to cuts to the Federal budget. Federal funds are not likely to increase and have been trending downward. While there is a continuing need for City funding, this must be weighed against the need to fund other important projects and programs. It is important for the City to continue to seek additional dedicated funding streams specifically to fund affordable housing. 3.1. Federal Grants and City General Fund Budget The City of Fort Collins currently has three sources of funds available to provide financial assistance to affordable housing programs and projects: the federal Community Development Block Grant (CDBG) Program Entitlement Grant, the federal Home Investment Partnership (HOME) Program Participating Jurisdiction Grant, and the City’s own General Fund Budget Affordable Housing Fund (AHF). A new fund will also soon be available called the Affordable Housing Capital Fund. Traditionally, the policy for allocation of these funding sources for affordable housing has been 65% of CDBG funds, 90% of HOME funds, and 100% of the Affordable Housing Fund. TABLE 1: ESTIMATED AVAILABLE FUNDING FOR AFFORDABLE HOUSING Source: U.S. Department of Housing and Urban Development and the City of Fort Collins Social Sustainability Department FUNDING SOURCE 2015 ANNUAL ALLOCATION 2015-2019 TOTAL (ESTIMATED) Federal CDBG Entitlement Grant $618,402 $3,100,902 CDBG Program Income $55,000 $250,000 Federal HOME Program Grant $467,100 $2,447,100 HOME Program Income $110,000 $250,000 City Affordable Housing Fund $525,000 $2,025,000 Affordable Housing Capital Fund $0 $2,000,000 ANNUAL TOTAL $1,775,502 $10,073,002 1 Packet Pg. 258 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 22 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN These funds should only be used in projects able to leverage money from private, foundation, state, and/or other federal sources in order to support the complex systems of housing, public/human services, and community infrastructure. The amount of annual allocation from all these funding sources varies per year. HUD determines the annual allocation amounts for CDGB and HOME grant funds. The estimated five year sum is based on the average allocation for the last 5 years. Program income is generated when developments repay loan funds upon sale or refinance. While hard to predict, an annual average of $50,000 was used for both program income estimates. City Council determines the Affordable Housing Fund through the Budgeting for Outcomes (BFO) process. In 2013 and 2014, as well as the prior two budget years, $325,000 was allocated to this fund. That amount was increased to $525,000 for 2015 and 2016. A minimum of $133,000 for this fund is assured. The estimate for the AHF is also based on the average allocation for the past 5 years. It has not yet been determined when Affordable Housing Capital Fund monies will be available, nor in what manner they will be paid out. However, that fund was projected to have $4 million in 10 years, the estimate assumes half of that fund will be available during the first five years. While the five year estimates are rough, it is important to note that these estimates show reduced allocations in both CDBG and HOME from the preceding 5-year period. This is consistent with what the City believes is a trend of reduced federal funding moving into the future. However, with local investment increasing staff anticipates an overall increase in available housing funding. Generally, CDBG funds can only be used by the local government recipient, or awarded to a non-profit or governmental entity to carry out an eligible activity and to serve at least 51% low and moderate income residents. Examples of eligible activities are: Homeowner rehabilitation Home purchase activities Rental housing acquisition, rehabilitation, utility connection, site clearance, and public improvements Typically, CDBG funds are not a good match for new construction and related fees. CDBG funds cannot be used for private sector development. The HOME program is focused on providing housing opportunity for low and moderate-income households, under 80% area median income, with the following objectives: Provide affordable housing to lower-income households Expand the capacity of non-profit housing providers Strengthen the ability of state and local governments to provide housing Leverage private sector participation 1 Packet Pg. 259 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 23 HOME funds allow virtually any form of financial assistance or subsidy to be provided for eligible projects and eligible activities. Examples of eligible activities include: Home buyers assistance Homeowner rehabilitation Construction of rental housing Acquisition of rental housing Tenant based rental assistance HOME funds also have additional requirements, such as: 25% local match requirement Underwriting criteria and guidelines to ensure feasibility and sustainability Property standard guidelines Long-term monitoring and compliance standards for rental housing. The Affordable Housing Fund (AHF) was created in 1993 to provide additional funding for ongoing affordable housing needs. Historically, the City has used AHF to fund financing gaps in affordable housing projects and to fund projects that were either ineligible for CDBG/HOME and/or were administratively cumbersome under the federal guidelines. The AHF gives the City tremendous flexibility because it is not hindered with federal guidelines, regulations, and reporting requirements. It also shows a local commitment to financially support affordable housing programs. It can be used as a source for the required local match for the HOME program. The Affordable Housing Capital Fund (AHCF) was created by the passage of Ballot Measure #1 in April 2015. The AHCF will be defined by Ordinance, but will likely be restricted for use in development proposals that would add new units of housing or would preserve affordable units that are at risk of becoming market rate due to pending sale or expiration of deed restrictions. The new fund would only be available for development costs associated with housing units. This fund would not cover administrative costs, staff salaries, or pay for rental assistance. These funds could be available in combination with federal funds and other city resources or alone. 3.2. Allocation of Financial Resources The City currently allocates its financial resources through a competitive process. Annually there is a spring competitive process, with an optional fall process available if appropriate because funds are available to distribute or for other time sensitive issues. The competitive process evaluates applications for funding based on the City’s priority affordable housing needs and on priorities established in this Strategic Plan. Proposals which receive funding are determined to be the best of those in competition for the available funds during any particular cycle. Too often, the amount of requested 1 Packet Pg. 260 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 24 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN funding exceeds the level of funding available during a cycle. Thus, not every application receives funding, and some applications will not receive the full amount requested. The following criteria guide funding allocation decisions: 1. Impact/Benefit: The lower the AMI of the end user the higher the benefit or impact. 2. Need/Priority: This will take into consideration the City priorities as defined in the current Housing Strategic Plan 3. Feasibility: Will the housing be built soon and how long will it remain affordable? 4. Leveraging Resources: How is the entire development going to be funded and who else is investing in the development? Projects should be able to demonstrate significant leverage from multiple sources other than the City of Fort Collins allocation of CDBG or HOME dollars to provide economic benefits to Fort Collins. Examples of such sources are: private capital; investor equity; owner equity; and foundation funds. 5. Capacity and History: This looks at the applicant’s capacity to construct the development and their track record based on other projects they have developed. 6. Sustainability: Using a triple bottom line analysis, will the project further the sustainability goals of the City? Does it encourage use of transit? Is it near employment centers and schools? Will it be built to last and using environmentally friendly building practices? 3.3. Private Activity Bonds Private Activity Bond (PAB) financing is another potential funding source for the development of affordable housing. The City’s current PAB allocation is a little over $7.6 million. Larimer County and the State of Colorado have additional PAB allocations available from which Fort Collins projects could also apply. Although every project is different, the City could provide PAB assistance to help fund about 50% of a project’s cost. There are other potential uses for PAB financing, especially for economic development purposes, but the City could give preference to affordable rental housing projects when allocating its PABs. The expense of PABs makes them very difficult to use to build housing for very low income renters (less than 50% of AMI). They do, however, work well for projects affordable to households earning between 50% and 60% of AMI. Affordable units at the 50%-60% AMI level are often needed to help assure an affordable project will cash flow and entice both non-profit and for-profit developers to build mixed-income projects. PAB financing is required for 4% tax credit development and can also be required for special funding such as disaster relief funds. While the local allocation was returned to the state for many years, the City has assigned its allocation to the Fort Collins Housing Authority in 2013, 2014, and 2015. 1 Packet Pg. 261 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 25 PABs are tax-exempt bonds that can be issued by eligible authorities. Annually, the state provides Fort Collins a maximum amount of PABs that the City can issue. The City can choose to assign these bonds to another eligible entity, such as the Fort Collins Housing Authority. The proceeds of the sale of the bonds may be used for projects that include a public benefit, such as affordable housing development and rehabilitation. PABs are an attractive financing mechanism since they usually have lower interest costs than typical commercial financing options since they are tax exempt. Some cities have begun using PAB financing in “bifurcated” mixed income developments. Bifurcated structures target bond capacity to finance only the low-income units in a mixed-income development, rather than financing the entire project. This structure allows for a smaller allocation of bond capacity to be used for such mixed-income developments and the resulting bond capacity savings can be used for other projects, theoretically increasing the amount of affordable housing that can be financed each year. As financial strategies using PAB become more popular, the City can consider allocating the bond capacity to multiple development projects. 3.4. Development Incentives In addition to financial assistance through the competitive process, the City offers a variety of development incentives to those building qualified affordable housing projects. To be considered “qualified” a project must offer at least 10% of the total units to households earning 80% or less of AMI. If it meets that definition, the project is eligible to receive the following: Impact Fee Delay. Impact fees are typically paid at the time that building permits are issued. This incentive allows developers to delay the payment of those impact fees until a certificate of occupancy is issued, or December 1 of that year, whichever happens first. Priority Processing. Affordable housing projects are eligible to receive an expedited development review and permitting process. Density Bonus. Affordable housing projects proposed in the Low Density Mixed-Use Neighborhood (LMN) zone are eligible to increase the maximum allowed density from 8 to 12 dwelling units per acre. Fee Waivers. In March of 2013, Fort Collins fee waiver policy was changed by City Council. Fee waivers are now only provided to the Fort Collins Housing Authority for developments that will house individuals making 30% or less AMI at the City Council’s discretion. All requests for fee waivers must be brought before Council for a determination. Additionally, a finding must be made that granting the fee waiver request will not jeopardize the finances of the City or stop a project that fees are designed to fund from being built. 1 Packet Pg. 262 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 26 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Land Bank Program. The City owns five parcels totaling about 50 acres of land for future development. This program is designed to encourage the City to purchase land with development impediments and hold the land for between 5 and 15 years in the expectation that at least some of these impediments will be removed by market rate development. When the time is right, land will be sold or otherwise provided to a developer for the production of rental and/or for sale affordable housing. Any revenue generated from the sale of a land bank asset will be used to purchase more land bank properties. 3.5. Home Ownership Home Buyer Assistance Program The City of Fort Collins provides loans to income-eligible households to cover a portion of the required down payment and closing costs for buyers who have not been on title to a home for the past three years. The loan is to be paid back in full either when the house is sold, transferred out of the buyer’s name, rented, or if the buyer seeks a second lien (such as a home equity loan). Eligible households can receive a loan of up to 5% of their purchase price (maximum of $15,000) to cover down payment, closing costs or both. 3.6. Other Innovative Funding Strategies During the course of the HAPS, stakeholders repeatedly stated that existing development incentives are not enough alone to stimulate affordable housing development. It is encouraged that the City look for additional ways to provide incentives that will stimulate the production of affordable units. What follows is a description of a number of new funding strategies the City will investigate as part of this plan. Social Impact Bonds Social Impact Bonds are an innovative tool for government to leverage private sector capital to finance the delivery of services that address a wide range of chronic social problems. Also known as “Pay for Success” contracts, private investors pay for and assume the risk of a program being able to deliver measurable results. The government only pays back the private investor if independent evaluators determine that the initiative or program has achieved specific outcomes that both create benefits for society and generate savings for the public sector. The City is committed to exploring the possibility of using Social Impact Bonds to finance affordable housing especially for the hardest to house residents with barriers to accessing housing. 1 Packet Pg. 263 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 27 Partner With Philanthropic Organizations The City will explore partnering with foundations to serve vulnerable populations and families who are most in need of affordable housing. Through the use of grants and below market rate loans, philanthropy can provide flexible capital that can supplement current City programs and be the source for innovative pilots that “test” new strategies to combat homelessness, serve the elderly, and provide needed social services and job training. Strengthen Public/Private, Public/Public and Philanthropic Partnerships Investment in housing by the private sector is critical to the City’s housing stock, particularly in publicly sponsored projects that leverage private sector capital for affordable housing and community development. Expanding the use of those programs and strengthening private sector relationships will be imperative to maximizing the City’s ability to support these crucial goals. Working with financial institutions, pension funds, financial intermediaries and philanthropic organizations, the City will also seek to find the best ways to leverage private capital. Also, the City will work on partnering with the State and Federal government to identify new sources to fund affordable housing in the City. The City will support efforts to expand state-wide funding and investigate accessing new federal funding programs such as the National Housing Trust Fund. The City will also explore partnerships with employers looking to stimulate the development of needed work force housing. 3.7 Partners in Affordable Housing While the City of Fort Collins is an important player in addressing the affordable housing needs of its citizens, other partners are required to contribute important resources for the community to meet its needs. In fact, the City does not build or develop housing but relies on partners to build affordable housing. This section briefly discusses the other partners and their roles. The City would like to include private landlords, employers and foundations as potential partners in the future. Private For-Profit Developers Typically, for-profit developers build affordable rental housing for the purpose of owning and operating it. They will maintain ownership of it for at least as long as their funding sources require it to remain affordable. Some profit is made from the development and construction of the buildings, but the asset, and the earnings that come from managing that asset, are the ultimate goal. Once the funding sources remove affordability restrictions from a project, the for-profit owner may choose to sell it for a profit. The Low Income Housing Tax Credit (LIHTC) program and the available bond financing have been instrumental in getting for-profits to build affordable rental housing. This program has also involved private investors in affordable 1 Packet Pg. 264 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 28 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN housing production to a greater extent than ever before. Most of the projects built by for-profits with this financing mechanism provide housing at the top end of the “affordable” scale – to households earning 60% of AMI. Where competition for tax credits dictates, they may attempt to reach lower income households and target special populations. Private Non-Profit Developers There are two fundamental differences between for-profit and non-profit developers. The first, most obvious difference is that non-profits have a charitable purpose. The other is that non-profits do not distribute corporate profits to shareholders. However, that is not to say that they do not earn profits on their projects. Indeed, not-for-profits must generate revenue from projects in order to survive and grow. So long as their profits are reinvested in their charitable purpose, their 501(c) (3) tax-exempt status is protected. In addition, most non-profits are able to fundraise from outside sources to cover administrative and operating costs not covered by rental revenue. Non-profit organizations are able to access some additional financing sources that for-profits cannot use. These funding sources may be available to both, but give preference to non-profits. Non-profits tend to be more willing to mix and match different financing sources to make a project as affordable as possible. Therefore, their projects generally serve lower income households than for-profits. Unfortunately, non-profits generally do not have the staff and the capacity to develop as many affordable housing projects as for-profits do. “Capacity” refers to the number of staff, the experience of staff, and to the availability of start-up or predevelopment capital. As a result, their projects tend to be smaller in size. Private Non-Profit Service Providers Providing affordable, stable housing for low and very-low income households often involves more than just putting a roof over people’s heads. Additionally, some of the services needed may include credit and budget counseling, foreclosure intervention, emergency rental assistance, life skills training, parenting skills, increased education, vocational training, health care, childcare, substance abuse counseling, family counseling, etc. All of these services contribute to a stable and healthy home. This is especially true for households or individuals who are trying to escape homelessness and/or break the cycle of poverty. The City of Fort Collins allocates 15% of CDBG program funds and the City’s own Human Services Program funds to local service providers. These services are a critical component to achieving self-sufficiency and maintaining housing stability. Fort Collins Housing Authority The Fort Collins Housing Authority (FCHA) is a quasi-governmental agency created by the City of Fort Collins. The City Council appoints its Board of Commissioners, but has no involvement in its day-to-day operations. Historically, its primary mission was to own and operate public housing units and to operate the Housing Choice Voucher Program, 1 Packet Pg. 265 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 29 which subsidizes rents in privately owned rental properties. These programs are generally the only affordable housing options available to households earning less than 30% AMI. Both programs require that the residents pay no more than 30% of their income towards rent, while the remainder of the rent is subsidized by HUD. Nationally, the public housing inventory has deteriorated as the HUD subsidy has been insufficient to fund the reserves required to address the long-term capital needs of the properties. FHCA has recently received permission from HUD to participate in the Rental Assistance Demonstration (RAD) project. This will allow the residents of public housing to be relocated to other properties while retaining their rental assistance. Over the course of this plan, FCHA will reposition their public housing units and direct the funds to the development of additional affordable housing through its non-profit subsidiary, The Villages, Ltd., whose mission is to develop, acquire and preserve affordable rental housing. Financial Institutions Since the late 1970s, all federally insured financial institutions (commercial banks, savings banks, and savings and loan associations) have been subject to the Community Reinvestment Act (CRA). Under this law, such institutions have a continuing and affirmative obligation to help meet the credit needs of their entire communities, including low- and moderate-income neighborhoods, consistent with safe and sound operation. The federal agencies that regulate these institutions are responsible for evaluating how well each one meets this obligation, and are required to take that record into account when the institution applies for expansion or restructuring, such as through a merger or acquisition. The evaluation takes into account the institution’s financial capacity and size, legal impediments and local economic conditions and demographics, including the competitive environment. The assessment does not rely on absolute standards. Institutions are not required to adopt specific activities or offer specific types or amounts of credit. Each institution has considerable flexibility in determining how it can best help meet the credit needs of its entire community. Many lenders got into the business of mortgage lending to lower income first time homebuyers because of CRA requirements, but they now see targeted affordable and minority loans as good business. Most major banks now offer targeted loan products through more flexible loan terms or underwriting standards and subsidized interest rates or closing costs. Outreach, education and credit counseling are usually major components of these efforts. Many also offer lower down payment requirements or higher maximum debt-to-income ratios to low income borrowers. Construction and permanent loan financing for affordable rental developments is also covered in CRA reviews. Fort Collins Housing Authority and the local non-profit housing providers have good relationships with area banks that allow them to access relatively low-interest loans. However, these loans need to be as small a part of project financing as possible to keep rents as low as possible. 1 Packet Pg. 266 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 30 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Housing Funders It frequently takes multiple layers of funding, from many different sources, to develop an affordable housing project. When providing funding for housing, the City frequently works with the following partners: Colorado Housing and Finance Authority (CHFA), Colorado Division of Housing (DOH), HUD, and Funding Partners for Housing Solutions. Because all funding sources have different requirements, it is important to coordinate the resources allocated to a project in the most efficient and cost-effective manner. Frequently, the initial funding commitment by the City allows a project to leverage additional dollars from the other housing funders. 1 Packet Pg. 267 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 31 4. STRATEGIES, OBJECTIVES, AND ACTION PLANS Based upon the demand for affordable housing, this Plan identifies five primary strategies to guide future funding and policy decisions. These strategies will provide the foundation for achieving the Plan’s overarching goal of increasing the amount of affordable housing built utilizing affordable housing programs in Fort Collins to 6% of all units by 2020. Increase the inventory of affordable rental units Preserve the long-term affordability and physical condition of the existing stock of housing Increase housing and associated supportive services for people with special needs Support opportunities to obtain and sustain affordable homeownership Refine development incentives and expand funding sources and partnerships These strategies are not prioritized to allow the City greater flexibility in funding potential affordable housing project. The City defines what constitutes “affordable” based upon income. Housing for people making 80% AMI or less is considered affordable housing in Fort Collins. Each year, HUD provides annual income limits for the Fort Collins/Loveland Metropolitan Statistical Area (Table 2). Based on these income limits, the City has derived the affordable maximum monthly rent and mortgage supportable by these income levels. 1 Packet Pg. 268 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 32 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN TABLE 2: 2015 AREA MEDIAN INCOME (AMI) EQUIVALENCIES (ANNUAL INCOME FOR A HOUSEHOLD OF FOUR) Source: U.S. Department of Housing and Urban Development, City of Fort Collins PERCENT OF AMI AMI HUD CLASSIFICATION MAXIMUM AFFORDABLE MONTHLY RENT MORTGAGE SUPPORTED BY SAME MONTHLY PAYMENT 100% $79,300 Moderate Income $1,983 $301,153 80% $62,250 Low Income $1,556 $203,579 60% $47,580 Low Income $1,190 $119,669 50% $38,900 Very Low Income $973 $70,024 30% $24,250 Extremely Low Income $606 $0 Each section of this chapter will adhere to the following format. Section 1 will contain a justification for the highlighted strategy. This section will focus on supporting data and trends that demonstrate how addressing the particular strategy will help with the development of additional affordable housing in Fort Collins. Section 2 will provide objectives for the strategy during this plan’s timeframe. These objectives will provide desired outcomes for each strategy. The objectives will provide the basis for the action plan and metrics to measure how well the City achieves each strategy. Section 3 will outline an action plan for meeting the objectives outlined in each section. The action plan is divided into four periods: Ongoing Actions Short-term strategies - completion in 2015 or 2016 Medium-term strategies - completion in 2017 or 2018 Long-term strategies - completion in 2019 or later The action plan also identifies the method in which the City will accomplish these action items. The methods include: Ongoing City functions Ordinances adopted by City Council Resolutions adopted by City Council establishing policies or priorities Administrative functions by City staff 1 Packet Pg. 269 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 33 The Planning and Social Sustainability departments will incorporate the following strategies into their work programs during the next five years according to the action plan. However, the timing of staff work on the strategies will ultimately depend upon the level of staffing available, prioritization of projects, and resources available to the department. Section 4 will conclude each strategy section by identifying metrics to track the progress and success of the action plan. 4.1. Increase the Inventory of Affordable Rental Units The first priority should be to increase the inventory of affordable rental units, which can be accomplished through two different methods. One method is to construct new, affordable rentals. A second method is through the acquisition of former market rate or mixed rental rate units usually located in apartment complexes. Such purchases will typically entail some level of rehabilitation. Acquisition and rehabilitation projects, especially by the housing authority and non-profit agencies, generally provide the opportunity to restrict the rent levels for longer periods of time than can be achieved with new construction projects by for-profit developers. 4.1.1. Justification The Housing Affordability Policy Study identified which income categories have the greatest need for rental housing. According to HAPS, there are 7,972 cost-burdened renter households earning less than $25,000 per year (Figure 16). Creating new units that households earning below $25,000 per year can afford is very difficult under current market conditions for Fort Collins without substantial public subsidy. FIGURE 16: RENTAL HOUSING GAPS, 2000–2012 Source: US Census, Economic & Planning Systems INCOME CATEGORY AFFORDABLE MONTHLY RENT RANGE (2012) UNITS RENTAL HOUSEHOLDS GAPS 2000 2012 2000 2012 2000 2012 Less than $25,000 Less than $625 7,429 2,761 9,173 10,733 -1,744 -7,972 $25,000 to $49,999 $626 to $1249 10,726 15,935 6,434 7,667 4,292 8,268 $50,000 to $74,999 $1,250 to $1,874 1,334 5,154 2,609 3,805 -1,275 1,349 $75,000 or more More than $1,874 187 1,245 1,460 2,890 -1,273 -1,645 Total 19,676 25,096 19,676 25,095 0 0 1 Packet Pg. 270 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 34 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN The Fort Collins Consolidated Plan shows a large number of renter households across the AMI spectrums that are cost- burdened. There is also an increasing number of households earning 31%-80% AMI that are cost-burdened or severely cost-burdened (where housing costs are greater than 50% of income) (Table 3). TABLE 3: NUMBER OF COST-BURDENED AND SEVERELY COST-BURDENED RENTAL HOUSEHOLDS Source: Fort Collins Consolidated Plan 0-30% AMI 31-50% AMI 51-80% AMI Total Housing cost burden greater than 30% of income 6,269 4,354 2,590 13,213 Housing cost burden greater than 50% of income 5,825 2,009 440 8,274 Both sets of data show that there is a large need for more affordable housing at low AMI levels. The data also shows households earning less than 30% of AMI are more likely to be severely cost-burdened often paying more than 50% of their income on housing. These households face more difficult budget decisions and have less of a safety net in the event of an unforeseen expense. As such, the City should continue to prioritize affordable rental housing units that serve households earning less than 30% AMI. What the Consolidated Plan data also shows is that there is a growing need for more affordable housing towards the middle of the AMI spectrum. This growing lack of affordable housing for middle-income households is also reflected in the rising rents and average for sale prices of homes in Fort Collins. Thus, it is important Fort Collins implements policies to ensure middle-income households also have access to affordable housing in the community. 4.1.2. Objectives Ź Produce as many new rental units affordable to households earning 50% and less of AMI as possible. The largest need for rental housing remains households earning less than 50% AMI. Private developers also have a difficult time producing units for this income bracket due to the subsidy needed for these developments to be profitable. The City should continue to prioritize funding projects that serve households that earn 50% and less of AMI. Ź Incentivize new rental units affordable to households earning 60-80% of AMI. 1 Packet Pg. 271 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 35 There is a growing need for affordable units for households earning up to 80% of AMI. If trends in home and rental prices continue their upward trend, more households will be cost-burdened. The City should develop incentives that promote producing units in this income range. The City should also explore a blended approach where developers can get access to incentives by producing mixed income developments. These mixed income developments could include market rate units along with units affordable to households earning less than 30% AMI all the way up to 80% AMI. 4.1.3. Five -Year Action Plan The following strategies are presented as an action plan for the City to help implement the goal to increase the inventory of affordable rental housing units and achieve the objective to produce as many new rental-housing units affordable to households earning 50% and less of AMI, given available funding (Table 4). TABLE 4: STRATEGY 1 FIVE-YEAR ACTION PLAN Ongoing Actions Action Required Contribute a significant amount of its financial resources to increase the affordable rental housing inventory for very low income renters, especially units for households at 50% AMI and below None, existing and ongoing City function Use some CDBG, HOME, or AHF dollars to partially finance the acquisition and conversion of existing, market-rate rental units to affordable housing None, existing and ongoing City function 2015 - 2016 Actions Action Required Regularly (at least every three years) review and update all existing City incentive programs, which include the current Priority Processing, Development Review Fee Waiver, Impact Fee Delay, Density Bonus, and other programs which are yet to be established such as reduced fees for affordable housing projects among others Administrative Investigate ways to remove barriers to construction of accessory dwelling units (ADUs) Administrative 2017 - 2018 Actions Action Required Implement recommendations from review of City’s incentive programs and regulatory barriers to ADUs Administrative 2019 + Actions Action Required Evaluate success of modifications to incentive program and review potential changes to improve their effectiveness Administrative 1 Packet Pg. 272 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 36 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Throughout the duration of this plan, the City will continue to contribute a significant amount of its resources to increase the inventory of affordable rental units. The City will continue to allocate these resources based on the criteria outlined in Chapter 3 of this plan. In the short-term, the City will review its existing incentives for developing affordable housing and barriers to constructing accessory dwelling units (ADUs). An improved incentive program will provide affordable housing developers with a wider range of tools to reduce the costs of development and pass on the savings to the end user. Removing barriers to providing ADUs will allow for more flexibility for homeowners looking to provide affordable rental units on their property or age in place. Currently, the City’s Land Use Code only allows ADUs on large lots (10,000 sq. ft. +) in a limited number of zone districts. City Plan, the City’s comprehensive plan, identifies ADUs as a way to provide targeted infill development and affordable housing throughout the community. By removing barriers to ADUs, the City will better realize the goals outlined in City Plan. In the mid-term, the City will implement appropriate recommendations based on its evaluation of its existing affordable housing incentives and barriers to providing ADUs. Some of these changes may require changes to City ordinances or City codes. Long-term, the City will evaluate these ordinances and code changes and modify them as necessary to improve their effectiveness. The desired outcome of these programs is that the affordable housing stock grows for those earning less than 80% AMI. Improved incentives will provide affordable housing developers with cost savings that will allow them to build more affordable units for low-income households. Additional CITY PLAN ADU POLICIES Policy LIV 6.1 – Types of Infill and Redevelopment in Residential Areas Infill and redevelopment in residential areas may occur through: a. The addition of new dwellings on vacant lots and other undeveloped parcels surrounded by existing residential development. b. Dwelling units added to existing houses (e.g., basement or upstairs apartments). c. Small, detached dwellings added to lots of sufficient size with existing houses (e.g., “alley houses” or “granny flats”). d. Expansion or redevelopment of properties. e. Neighborhood-related, non-residential development. Policy LIV 7.3 – Encourage Accessory Housing Unit Development Recognize accessory housing units as a viable form of additional and possibly affordable housing and encourage their development provided such development is consistent with existing residential neighborhood character. 1 Packet Pg. 273 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 37 flexibility for providing ADUs will allow for more affordable units to enter the market. These ADUs can serve a number of functions from allowing seniors to age in place to providing affordable housing for graduate students. 4.1.4. Metrics To track the action plan outlined above, the City will use the following metrics (Table 5). Over time, this data will allow future iterations of the plan to be more targeted and develop more realistic and attainable goals. The City has backfilled some of the information on the metrics below to create a baseline series of data to begin this tracking initiative. TABLE 5: METRICS TO MEASURE OUTCOMES FOR STRATEGY 1 Metric 2010-2015 2020 Target Number of new, affordable rental units built utilizing affordable housing programs 313 842 Percentage of units of overall building stock built utilizing affordable housing programs 5.02% 6% Leverage rate of City money contributed to new affordable housing construction (amount of private dollars yielded per city dollar) 1:10 Sustain or increase Number of rental households below 50% AMI that are cost- burdened 10,623 Sustain or decrease Percentage of rental households below 50% AMI that are cost-burdened 77% Sustain or decrease Number of affordable units available per 100 households for households earning less than 30% AMI * Colorado Statistic (See Figure 2, page 6) Less than 25 25-35 4.2. Preserve the Long-term Affordability and Physical Condition of Existing Stock of Housing The City should also give priority to preserving the existing supply of affordable housing units. City policy mandates that units built with public assistance remain affordable for a period of 20 years. As the housing stock continues to age, the City should be vigilant about those projects approaching that 20-year mark. The current number of affordable housing units must remain in the affordable inventory rather than converting to market rate units. Many affordable housing units also benefit from investment in upgrades to ensure lower utility and maintenance costs. The City should continue offering programs and investigate further programs to enhance the affordability of existing housing units. 1 Packet Pg. 274 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 38 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 4.2.1. Justification Attention should be given to housing projects that address the need for rehabilitation of existing housing stock and overcoming deficiencies regarding safety and sanitary conditions of existing units. Per HUD data, 41% of all housing units in Fort Collins were built before 1980 (Table 6). TABLE 6: AGE OF HOUSING UNITS IN FORT COLLINS Source: US Census Year Unit Built Owner-Occupied Renter-Occupied Total Number % Number % Number % 2000 or later 7,575 24% 3,624 15% 11,199 20% 1980-1999 13,339 42% 8,479 35% 21,818 39% 1950-1979 9,024 28% 10,156 41% 19,180 34% Before 1950 1,937 6% 2,295 9% 4,232 7% Total 31,875 100% 24,554 100% 56,429 100% Often times these units are in need of health and safety repairs. With the number of new building permits showing a sharp decline in recent years, and considering the cost of building new affordable units, attention should be given to the rehabilitation of existing units and preserving their affordability for the long-term. Often rehabilitation will extend the affordability period, helping to keep the property in the affordable housing inventory in to the future. Other housing units may have old windows, poor insulation or roofing that drive up utility costs. High utility costs contribute to the affordability of housing. Programs that reduce utility costs can result in greater long-term affordability and help the City achieve its environmental goals established in City Plan and the Climate Action Plan. 4.2.2. Objective Ź Monitor the status of existing affordable housing units and provide assistance as necessary in order to maintain them as part of the existing inventory. Currently, there are 3,075 units that have been built utilizing affordable housing programs in Fort Collins (Table 7). The City should not only monitor their affordability status but also their condition as it relates to utility costs. The City should act to ensure as few units as possible convert to market rate. 1 Packet Pg. 275 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 39 TABLE 7: CITY OF FORT COLLINS’ INVENTORY OF HOUSING UNITS THAT HAVE UTILIZED AFFORDABLE HOUSING PROGRAMS Source: City of Fort Collins Social Sustainability Department Affordable Unit Type Number located in Fort Collins Rental 2,726 Owner-Occupied 278 Assisted Living 71 Total 3,075 4.2.3. Five-Year Action Plan TABLE 8: STRATEGY 2 FIVE-YEAR ACTION PLAN Ongoing Actions Action Required Continue to use CDBG, HOME, or AHF dollars to buy and rehabilitate existing privately- owned affordable housing units so they do not convert to market rate units. Such proposals should be given as high a priority as projects producing new units None, existing and ongoing City function 2015 - 2016 Actions Action Required Investigate further incentives for owners and renters to maintain the current available stock of affordable housing including mobile home parks Administrative Implement selected rehabilitation programs identified in the Redevelopment Displacement Mitigation Strategy Administrative Create a tiered approach where greater investment by the City requires a longer affordability period Administrative 2017 - 2018 Actions Action Required Explore preservation program that provides relief from full building code standards for a period of time Administrative 2019 + Actions Action Required Investigate a Limited Partnership/Shared Equity ownership structure to maintain the affordability of for-sale units Resolution or Ordinance 1 Packet Pg. 276 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 40 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Throughout the course of this plan, the City will continue to use its affordable housing resources to preserve existing affordable units and keep them affordable. It is crucial that affordable units do not convert to market rate. It is much less resource intensive to preserve an existing unit than to build a new unit. By preserving affordable units, the City will leverage its limited affordable housing resources efficiently. In the short-term, the City will work to maintain existing affordable housing units, including mobile home parks. In 2013, the City commissioned a study called the Affordable Housing Redevelopment Displacement Mitigation Strategy. This study provided strategies on how to mitigate for affordable housing lost to redevelopment. Many of the strategies focused on how to mitigate for the loss of mobile home parks in particular. The City will move forward with the appropriate recommendations from the Mitigation Strategy in the first two years of this plan. For example, the City may choose to invest in a manufactured home community in exchange for a 20 year affordability commitment. The City will also explore requiring a longer affordability commitment on projects that have greater investment by the City. Right now, the City requires a 20-year affordability commitment on projects that use City funds. Ideally, projects that require greater funding will provide a greater period of affordability. In the mid-term, the City will explore a program that allows phased improvements for units that require rehabilitation. Rehabilitated units must meet the full building code currently. Many units require significant changes to meet the current building code so some property owners decide not to rehabilitate their units. In an effort to improve the livability of these units, the City will explore a program that allows for phased improvements to units so that they can improve the property over time. This will allow for improved livability in the short-term and more units that meet the full building code over the long-term. STRATEGY 2 ALIGNMENT WITH CITY PLAN Policy LIV 8.4 – Retain Existing Affordable Housing Retain affordable housing options in existing neighborhoods so that long-term residents can “age in place” and to meet the housing needs of various household types. Policy LIV 8.5 – Integrate and Distribute Affordable Housing Encourage the integration and distribution of affordable housing as part of individual neighborhoods and the larger community rather than creating larger concentrations of affordable units in isolated areas. Policy LIV 8.6 – Mitigate Displacement Impacts Explore ways to mitigate the impact upon residents displaced through the closure of manufactured housing parks or conversion of rental apartments, including single room occupancy units, to condominiums or other uses. 1 Packet Pg. 277 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 41 In the long-term, the City will look into exploring a Limited Partnership/Shared Equity ownership structure to maintain the affordability of for-sale units. When owners of an affordable unit benefit from a below market entry into homeownership, that advantage must be preserved for subsequent home buyers. In order to do that, appreciation must be divided between the exiting home owners who can add that portion to the equity they have accumulated via their mortgage payments to allow them to move up into their next, preferably market rate, home. The portion of the appreciation that stays with the home helps buy down the purchase price for the subsequent owners so that they also benefit from a below market entry into homeownership. The desired outcome of this strategy is that the City increases its stock of affordable housing units by investing in units that need rehabilitation. The existing program has worked well for a number of years but the additional flexibility afforded by the phased rehabilitation program will keep existing affordable units on the market and improve their livability. Property owners that have been reluctant to upgrade their units will also have more of an incentive to do so. This will result in more affordable units and improved livability of existing affordable units. 4.2.4 Metrics TABLE 9: METRICS TO MEASURE OUTCOMES FOR STRATEGY 2 Metric 2010-2015 2020 Target Number of units preserved as affordable from deed restriction expiring 284 Preserve all expiring units Number of units that have converted to market rate during course of plan 0 0 Number of units with substantial rehab extending the affordability term 20 Sustain or increase Leverage rate of City money contributed to preserving affordable rental units (city dollars to private dollars) 1:20 Sustain 1 Packet Pg. 278 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 42 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 4.3. Increase Housing and Associated Supportive Services for People with Special Needs The third strategy is to increase housing and associated supportive services for people with special needs. This broad category includes those who are homeless, seniors, persons with disabilities, and victims of domestic violence. These groups generally require housing units tailored to specific needs not typically or adequately addressed by market-driven development. Many times a network of support services is needed to keep these populations stable and independent. Housing these populations often involve the use of Housing Choice Voucher Program vouchers as monthly rental subsidies. 4.3.1. Justification The following illustrates some of the special needs, but does not indicate priority. People who are homeless. A point-in-time study conducted by the Homeward 2020 project in January 2015 found 301 homeless people in Fort Collins (Figure 17). The number of homeless people in Fort Collins has been steadily increasing since 2013. An increasing number of Fort Collins’ homeless population is also going unsheltered, which has a profound impact on the community at large. FIGURE 17: NUMBER OF INDIVIDUALS EXPERIENCING HOMELESSNESS Source: Homeward 2020, 2015 Fort Collins Point-in-Time Count Fort Collins also has more individuals experiencing chronic homelessness (Figure 18). Chronic homelessness is where an individual or family experiences homelessness for more than a year or has at least four periods of homelessness in the past three years. The chronically homeless tend to require more services to stay housed, as they are more likely to 1 Packet Pg. 279 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 43 have mental health, substance abuse or other issues that keep them out of housing. With the rise of chronically homeless in Fort Collins, it is important to facilitate the development of housing and supportive services for this population. FIGURE 18: TOTAL NUMBER OF INDIVIDUALS/HOUSEHOLDS EXPERIENCING HOMELESSNESS Source: Homeward 2020, 2015 Fort Collins Point-in-Time Count Similarly, the City commissioned 2014 Fort Collins Social Sustainability Gaps Analysis (GAPS) also identified 1,021 homeless children in the Poudre School District. This is an increase of 213 students when compared to the 2009 AHSP. Students in unstable housing conditions tend to underperform in school, which can have a life-long impact on their employability and earning potential. Underperforming students also have an impact on standardized test scores, which can ultimately affect the funding and services the school can provide. This ripple effect creates a negative feedback loop that creates a cycle of poverty that has long-term impacts on the socioeconomic composition of the community. To combat homelessness, the City has partnered with Homeward 2020 on a plan to make homelessness in Fort Collins rare, short lived and non-recurring. The policy recommendations from this plan will feed into this larger plan to reduce homelessness2. Persons with disabilities. This population includes persons with various physical and mental challenges who more often suffer the negative effects of high housing costs. That problem can be even more acute for households needing accessible features in their dwelling. Fort Collins is home to thousands of individuals with disabilities (Table 10). 2 Visit homeward2020.org for more information on this planning initiative 1 Packet Pg. 280 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 44 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN TABLE 10: PERSONS WITH DISABILITIES IN FORT COLLINS Source: US Census Individual’s Type of Disability Number of Persons Hearing difficulty 3,315 Vision difficulty 1,617 Cognitive difficulty 3,765 Ambulatory difficulty 4,391 Self-care difficulty 1,667 Independent living difficulty 3,190 Informant interviews indicated that organizations which provide supportive services or housing for disabled customers do not have enough low-rent options for the number of people who need them. Therefore, it is important to expand the supply of housing that is both accessible and affordable. Seniors. According to the Highland Group’s report Need and Opportunities in Housing and Care: Next 25 Years, there is a significant unmet demand for more age-qualified affordable rentals. Affordable assisted living is in great demand, including group home models. There is also a need for 55+ for-sale communities. The demand for age-qualified, affordable rentals is reflected in the amount of cost-burdened seniors in Fort Collins. According to HUD’s Comprehensive Housing Affordability Strategy (CHAS) data, there are approximately 2,474 cost-burdened elderly households earning less than 80% AMI (Table 11). TABLE 11: NUMBER OF COST-BURDENED SENIOR HOUSEHOLDS IN FORT COLLINS Source: CHAS 2007-2011 Renter AMI Owner AMI 0-30% >30-50% >50-80% Total 0-30% >30-50% >50-80% Total Elderly 469 395 330 1,194 475 355 450 1,280 HUD defines elderly to be a household with a head, spouse or sole member that is at least 62 years old. The number of cost-burdened seniors is likely to grow during the course of this plan. Larimer County will see a large growth in its senior population over the next 15 years. By 2030, the senior population in Larimer County will likely double according to the Fort Collins GAPS Analysis (Table 12). 1 Packet Pg. 281 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 45 TABLE 12: LARIMER COUNTY, GROWTH IN SENIOR POPULATION FOR 2025 AND 2030 Source: Fort Collins GAPS Analysis 2012 2025 Percent Growth 2012-25 2030 Percent Growth Number 2012-25 % of Population Number % of Population Number % of Population Total Population 310,065 100% 394,234 100% 27% 424,834 100% 37% Under 55 230,771 74% 284,327 72% 23% 304,734 72% 32% Near Seniors (55-64 years) 39,916 13% 39,885 10% 0% 41,094 10% 3% Seniors 39,378 13% 70,022 18% 78% 79,006 19% 101% 65 to 74 years 22,850 7% 39,551 10% 73% 39,920 9% 75% 75 to 84 years 11,372 4% 23,198 6% 104% 29,221 7% 157% 85 years and over 5,156 2% 7,273 2% 41% 9,865 2% 91% Growth in number of seniors 30,644 39,628 The mix of available housing inventory in the County will increasingly be a mismatch with the age and income mix of the population. The Community needs more affordable senior rentals and for-sale options, more accessible designs, and more rental multi-family and shared living opportunities3. Victims of Domestic Violence. According to the 2014 Fort Collins Social Sustainability Gap Analysis, there are 550 people in Fort Collins in need of services on a monthly basis to assist with issues related to domestic violence. There is currently no housing designed for victims of domestic violence, which makes discharge after a temporary stay at Crossroads Safehouse, Fort Collins’ domestic violence shelter, challenging. Access to services, health care and longer- term mental health care are key needs for this population. Crossroads serves both male and female victims of domestic violence. Victims of domestic violence need urgent supportive services and resources. Establishing income support and rapidly obtaining shelter and supportive housing are critical components to avoiding additional trauma. 3 Need and Opportunities in Housing and Care: Next 25 Years, Highland Group, May 4, 2015 1 Packet Pg. 282 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 46 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 4.3.2. Objectives Ź Decrease the percentage of cost-burdened seniors With the expected rise of the senior population over the coming years, it is crucial that seniors have access to affordable, accessible housing. While many seniors appear to be cost-burdened despite their access to savings accumulated during their working years, many seniors do not have that same luxury. Many of the regulations in this document aim to allow seniors to better age in place or find housing that will allow them to remain in the community. By accomplishing this objective, the City will continue to create a community that is accessible no matter your life stage or age. Ź Continue to encourage the development of projects that meet the housing and associated supportive services needs of populations within the identified special needs categories. By providing more housing options to the populations identified above, the City can assist in preventing the cycle of poverty in vulnerable populations. Stabilizing housing stabilizes households. When families are not cost burdened by housing costs they have more resources for the rest of their needs and have a better chance of greater personal well- being. Supportive services can be necessary for some households to achieve housing success. ŹPromote the acceptance of Housing Choice Voucher Program Vouchers by private landlords Many people who have received Housing Choice Voucher Program rental assistance vouchers cannot find landlords willing to accept this form of payment. Educating private landlords about the benefits to them from this type of partnership will help deploy these vouchers and provide housing to those who need it. 1 Packet Pg. 283 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 47 4.3.3. Five-Year Action Plan TABLE 13: STRATEGY 3 FIVE-YEAR ACTION PLAN Ongoing Actions Action Required Support community initiatives identifying homeless needs and develop action plans to reduce the homeless population in Fort Collins, and participate in partnerships exploring solutions for homelessness None, existing and ongoing City function 2015-2017 Actions Action Required Explore relaxing site upgrades for changes of use that serve community needs Ordinance Conduct landlord outreach promoting affordable housing as a community service that will benefit them in all market cycles Administrative Support projects producing affordable units to serve persons with disabilities None, existing and ongoing City function Support projects producing affordable units to serve cost- burdened senior citizens None, existing and ongoing City function Support projects providing help, counseling, crisis intervention services, facilities, and housing to victims of domestic violence. None, existing and ongoing City function 2017 -2019 Actions Action Required Explore design standards that better allow for aging in place for new construction Administrative Advocate for transit needs of consumers of affordable housing Administrative Throughout the course of this plan, the City will monitor the housing and related needs of identified special population. Both rental and ownership opportunities will be identified. By investing in the new construction of multifamily housing, the number of accessible units will increase because at least 5% of all new construction must be built as accessible units. In the short term, the City will work with community partners to identify and prioritize housing and related social service needs for the specified target populations. The City will continue to support projects producing affordable units designed to serve persons with disabilities, persons who were formerly homeless, low-income senior citizens, and victims of domestic violence. 1 Packet Pg. 284 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 48 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN In the mid-term, the City will look at relaxing site upgrades for certain changes of use that serve community needs, especially if such uses are temporary in nature. The City will determine whether people in these specific populations have unmet transit needs and coordinate efforts aimed at providing necessary transit options. In the long term, the City will explore using design standards that help support persons with disabilities and allow seniors to age in place, so that over time, the affordable housing inventory will become more accessible and visitable. The desired outcome of this strategy is to provide a range of housing choices to populations with extraordinary housing needs and who often require supportive services to make independent living successful. The aim is to lower the number of people experiencing homelessness by providing housing and prevention services. By providing appropriate housing options to these targeted populations, the City strives to reduce the number of cost-burdened households in the City. 4.3.4. Metrics TABLE 14: METRICS TO MEASURE OUTCOMES FOR STRATEGY 3 Metric 2010-2015 2020 Target Percentage of senior population earning 50% AMI or less that is housing cost-burdened 23.36% Sustain or decrease Point in time counts for homeless population 301 Sustain or decrease Number of permanent supportive housing units in Fort Collins 111 (as of 2015) Sustain or increase STRATEGY 3 ALIGNMENT WITH CITY PLAN Policy LIV 7.5 – Address Special Needs Housing Plan for and meet the housing needs of special populations within the community. Disperse residential care facilities, shelters, group homes, and senior housing throughout the Growth Management Area. Policy LIV 7.6 – Basic Access Support the construction of housing units with practical features that provide basic access and functionality for people of all ages and widely varying mobility and ambulatory-related abilities. 1 Packet Pg. 285 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 49 4.4. Support opportunities to obtain and sustain affordable homeownership Fort Collins must continue to help homebuyers earning less than 80% of AMI achieve affordable ownership. Good homebuyer counseling, fixed-rate mortgage products, and down payment assistance can assure that individuals and families can become homeowners for the long term. Renters who enter homeownership, in effect, move up the housing chain and open up rental units, thereby increasing the supply of such units. 4.4.1. Justification The data provided in HAPS affirmed that households earning 51-80% of AMI are excellent candidates for homebuyer assistance programs. According to HUD CHAS data, there are 5,823 renter households in Fort Collins with incomes between 51-80% of AMI (Table 15). These households could benefit from homebuyer’s assistance given their income level. TABLE 15: NUMBER OF RENTER HOUSEHOLDS BY AMI, 2014 Source: CHAS 2007-2011 % of 2014 Area Median Income Upper Income Limit Renter occupied households Number Percent 0-30% AMI $22,050 8,242 30.1% 30-50% AMI $36,750 5,467 20.0% 50-80% AMI $58,800 5,823 21.3% 80-100% AMI $73,500 3,004 11.0% 101% and over >$73,500 4,831 17.7% All Households 27,367 Further, HAPS identified almost 2,580 cash burdened homeowners who pay so much for housing that they do not have enough income to cover the rest of their basic needs. Even if you deduct those households without mortgages, almost 1,000 home owning households are cost-burdened. Strategies to protect these vulnerable households from involuntary displacement and to protect their housing units from unsafe conditions must be continued and built upon. 1 Packet Pg. 286 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 50 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 4.4.2. Objectives ŹEncourage and support assistance to first-time homebuyers. The City’s Homebuyer Assistance Program currently provides up to $15,000 in down payment and closing cost assistance per rental household to become first-time homeowners. The average loan amount in 2009 was $8,093. Surprisingly this amount has not changed much, although it has varied in the last few years. The average loan amount moved up to $8,200 in 2013 and dipped to $6,800 in 2012. The average loan amount in 2014 was $8,800. With home sales prices trending upwards, this amount will likely increase. Actual allocations for the first-time homebuyer program will depend upon the number of applications that are submitted and that qualify for assistance. This program has assisted up to 70 households a year at the peak and as few as 8 households in one year. Market conditions affect the ability of this program to incentivize home ownership. Ź Support the sustainability of home ownership for low-income and moderate-income homeowners. As price escalation increases pressures on fixed income seniors and other low-income households, the City will look for ways to assist homeowners to stay in their homes. Tax assistance or other programs will be investigated to provide alternatives to involuntary displacement due to changing neighborhood conditions or for any other reason. The City will explore ways to accommodate new housing types under existing regulations to determine whether changes to the land use code are recommended. The City will also continue to support the use of accessory dwelling units for affordable housing and investigate barriers to this use. Ź Assist low-income and moderate-income households to preserve the condition of the existing stock of affordable home ownership housing. Some consumers of affordable housing have such little income that an emergency repair or a safety concern can put their housing into jeopardy. The City will continue to partner with programs like the Larimer Home Improvement Program to provide low or no cost loans to homeowners for needed home improvements. The City will explore additional ways to support struggling homeowners with keeping their homes in a safe condition. The City will continue to work with the State legislature to remove impediments to building attached home ownership product that is a good source of affordable housing, such as construction defect litigation legislation. Since this issue was 1 Packet Pg. 287 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 51 not resolved in the 2015 Legislative Session, the City will consider what options are available for local jurisdictions to take action. 4.4.3. Five-Year Action Plan TABLE 16: STRATEGY 4 FIVE-YEAR ACTION PLAN Ongoing Actions Action Required Continue to offer the City’s existing Homebuyer Assistance program. None, existing and ongoing City function 2015-2016 Actions Action Required Recalibrate City fees to encourage development of smaller units and ADUs Ordinance Explore remedies to state-level construction defects litigation Administrative 2017-2019 Actions Action Required Investigate infrastructure improvements that could make land more affordable to develop for homeownership opportunities Ordinance Investigate partnerships with large employers or foundations to create employer assisted housing partnership program or other work force housing programs. Administrative The City’s existing homebuyers assistance program has been successful in bridging the funding gap for dozens of families seeking affordable homeownership. The City will continue to offer this program throughout this plan cycle. Over the first two years of this plan, the City will investigate how to eliminate other barriers to the production of affordable homes for purchase. One method to encourage the construction of a wider variety of housing units for purchase is to recalibrate the City’s fees. The current development fee structure in the City incentivizes the development of larger homes due to high baseline fees. The City is currently investigating ways to tweak its fees to encourage the development of smaller, more affordable homes. The City will also investigate barriers to providing ADUs from a fee perspective. One other avenue the City will explore in the short-term is to improve affordable home ownership opportunities is developing a remedy to the state-level construction defects law. The construction defects law allows two owners in a condominium development to file a class action lawsuit against the developer based on allegations of construction defects. This law makes it so developers need to carry additional insurance to protect themselves against potential lawsuits. This makes condo development untenable financially. As a result, there has been little condo development in Colorado. Condos provide affordable ownership opportunities to first time homebuyers. Without this unit type on the market, many potential homebuyers continue to rent. The City will explore remedies to this legislation so that Fort Collins will see more development of condos. 1 Packet Pg. 288 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 52 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN In the long-term, the City will explore two methods to improve affordable homeownership opportunities. One method is to eliminate infrastructure barriers that are preventing development. Some areas of Fort Collins are undevelopable due to inadequate roads and other infrastructure. Many of the required infrastructure improvements are too costly for the City or a developer to fund on their own. The City will explore ways to fund these improvements so that more land will be available for developing homes. The City will also investigate partnering with large employers to provide housing for their employees. This model will ensure large employers provide adequate housing for their employees and mitigate the impact of their operations on the community. The desired outcome of this strategy is to provide more affordable housing options for potential homebuyers. The homebuyers assistance program will continue to bridge the affordability gap for households that have the income to support homeownership but need help with a down payment. Rebalanced fees will incentivize the development of smaller units, which will be more affordable and attractive to many homebuyers. Infrastructure improvements will remedy development challenges on land within the Growth Management Area, which could be used for developing housing. A dialogue on employer assisted housing could lead to a program where large employers pitch in and provide affordable housing to those in our community that need it most. At a minimum, these conversations about employer assisted housing will bring awareness to the affordable housing issue facing Fort Collins. 4.4.4. Metrics TABLE 17: METRICS TO MEASURE OUTCOMES FOR STRATEGY 4 Metric 2010-2015 2020 Target Housing Opportunity Index * 70.4 % Q2 2015 Sustain or increase Median size of new for-sale construction 1,571 sq. ft. Sustain or decrease Number of affordable, owner- occupied homes built 11 94 Number of households served by homebuyer’s assistance program 81 Sustain or increase * Housing opportunity is based on the percentage of all new and existing homes sold in the last quarter which were affordable to families earning the area median income. STRATEGY 4 ALIGNMENT WITH CITY PLAN Policy LIV 8.1 – Support Affordable Housing Programs Support the development and provision of affordable housing in the community by maintaining and allocating funding for affordable housing services and programs including management of a competitive process for federal and local funding, development incentives, homebuyer assistance, and the Land Bank program. 1 Packet Pg. 289 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 53 4.5. Refine development incentives and expand funding sources and partnerships Financing affordable housing is a major challenge requiring the use of many funding sources for each development. The local development community has complained that the City’s current financial and non-financial incentives do not provide enough support to encourage the development of affordable housing. Large amounts of subsidy are required for housing for the lowest wage earners. Low income housing tax credit programs require soft costs for expertise in this technical process. Federal budget cuts continue to limit funds available for subsidy. It is necessary for the City to explore creating additional dedicated funding streams specifically to fund affordable housing and to consider reworking existing incentives to provide true value to the development community. 4.5.1. Justification HAPS discussed both cost reduction strategies and alternative funding options. In order to create an environment where developers wish to produce affordable housing communities, the City must work with the industry on finding the best funding sources and true development incentives to encourage the type of housing our residents need. Currently, developers are experiencing a decline in the profitability of housing projects (Figure 19). FIGURE 19: AVERAGE COST OF BUILDING HOUSING IN FORT COLLINS, 2000-2013 Source: Housing Affordability Policy Study 1 Packet Pg. 290 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 54 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN The light grey band shows the various soft costs associated with building housing and includes the developer’s profit margin. Since 2005, the profitability of building housing in Fort Collins has decreased. Due to the overall rise in building housing in Fort Collins, developers tend to develop projects that will be profitable. These projects tend to not include an affordable housing component since the cost of building is so high. In order to incentivize more affordable housing, the City must develop a comprehensive strategy to mitigate the costs of high-quality development. 4.5.2. Objectives ŹIncentivize the production of affordable housing. Fort Collins’ list of financial and non-financial incentives must be rejuvenated with funding and innovation in order to truly encourage development. In 2013, the City limited its waiver policy at a time when additional support through waivers might have been very beneficial. This could be revisited. While the HAPS conclusion was that strong regulatory programs like inclusionary housing ordinances and commercial linkage fees are not appropriate for Fort Collins’ housing system at this time, the City must review this issue at least every other year to see if the housing conditions have changed or legal obstacles have been removed. ŹNew funding partnerships and sources identified to allow maximum subsidy investment in affordable housing. While Fort Collins targets federal funds and City funding sources to the production of affordable housing, additional funding sources and strategies would accelerate the rate of production of needed units. The new Affordable Housing Capital Fund is a dedicated sales tax income stream for the next 10 years that will produce $4 million for capital needs for affordable housing. These funds must be leveraged with additional funding sources to actually produce or preserve units. The State has promoted new state-wide funding strategies, such as a document recording fee, however to date these efforts have not been successful. The City will continue to advocate for state-wide funding for this issue. Regional STRATEGY 5 ALIGNMENT WITH CITY PLAN Policy LIV 8.3 – Offer Incentives Support and encourage the private development of affordable housing by offering incentives, such as special assistance to offset the costs of the City’s impact fees and development requirements, air rights, energy saving features, and reducing local government barriers to the construction of and the rehabilitation of affordable housing units. Policy LIV 8.7 – Maintain a Supply of Land Maintain an adequate supply of land for future affordable housing development by maintaining the Land Bank Program and acquiring additional properties as funding permits. 1 Packet Pg. 291 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 55 conversations might allow for greater efficiencies and collaboration amongst municipalities. The City will lead a regional dialogue to encourage regional solutions. The City will continue to advocate for increased federal funding, even though federal funding continues to trend downward. Additional federal programs such as the National Housing Trust Fund, designed to invest in rental housing for low wage earners, will be monitored to determine how they will allocate those funds. 4.5.3. Five-Year Action Plan TABLE 18: STRATEGY 5 FIVE-YEAR ACTION PLAN Ongoing Actions Action Required Annually review City Land Bank Program properties and determine if the timing is right for those properties to be offered for sale to provide additional affordable housing units in Fort Collins and if appropriate, sell properties Administrative 2015-2016 Actions Action Required Recommend best use of Affordable Housing Capital Fund including but not limited to investing in additional land bank parcels, back filling fee waivers and investing in new housing Administrative Streamline City fee process and provide a comprehensive list of all City fees related to development projects Administrative Facilitate discussion on infill development fees and requirements Administrative Facilitate a regional conversation on how to best incentivize affordable housing development in Northern Colorado Administrative 2017-2018 Actions Action Required Explore the use of new financial tools to incentivize development Administrative Review HAPS recommendations for alternative funding sources Administrative 2019 + Actions Action Required Establish new private/public partnerships for the purpose of providing affordable housing. Administrative Invest in additional Land Bank parcels Ordinance Consider the appropriateness of the creation of a commercial linkage fee for affordable housing on all new commercial development in the City and/or an Inclusionary Housing Ordinance Administrative The City will review the Land Bank program on an ongoing basis throughout this plan cycle. Given the dynamic nature of the real estate market, the City will adjust its disposition of the parcels in the Land Bank program. If the timing is right, the City will sell parcels and re-invest the money into the Land Bank program. If the City buys additional Land Bank parcels, it will monitor those properties on an annual basis as well. 1 Packet Pg. 292 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 56 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN In the short-term, the City will perform a comprehensive assessment of its current incentive and funding programs. Part of this review will include developing a way to streamline City fees and processes, reviewing the Land Bank program and seeking input from developers and municipalities in the region on how to best fund affordable housing development. In conjunction with this process, the City will determine the best use of the Affordable Housing Capital Fund. This process will give the City the information necessary to make substantive changes to its funding and incentive program to get the most affordable housing units in the most efficient way. In the mid-term, the City will continue to explore new financial tools to incentivize development. The City will also revisit recommendations from HAPS for other methods for funding affordable housing. These alternative funding sources can provide a consistent funding source for affordable housing and spread the cost throughout the community. Based on the current state of affordable housing, the City will either recommend exploring one of these funding tools or maintaining the status quo. In the long-term, the City will explore a host of regulatory options to providing affordable housing. Two of the regulatory methods the City will explore at length are an Inclusionary Housing Ordinance (IHO) and a commercial linkage fee. An IHO requires that a percentage of all developments set aside a percentage of the units as affordable. A commercial linkage fee requires commercial developments to pay a fee to build housing for the people they will employ. The City will also investigate a sales tax whose proceeds would go towards the Affordable Housing Fund. Other communities have used these methods to provide affordable housing with varying degrees of success. These methods are all most effective when there is little to no market-rate housing that is affordable to households earning low incomes. The City will also invest in additional parcels as part of the Land Bank program. The Land Bank program is where the City buys property that has infrastructure deficiencies that will be solved by development in adjacent areas over time. The City will then let the property appreciate in value and sell to affordable housing developers with affordability restrictions. The City will then take those proceeds and reinvest them in other parcels with similar development potential. Over time, land banking can yield hundreds of units of affordable housing. The desired outcome of this strategy is to have as many tools to assist with the provision of affordable housing as possible. The Land Bank program will be an evergreen program that will minimize land costs for affordable housing developers, which will then pass the savings onto their eventual tenants or owners. By reviewing its fees, incentives, and taxes, the City will ensure it takes a holistic approach to aiding the construction of affordable housing. The regional conversations on affordable housing will frame the affordable housing issue as a regional issue and improve coordination among municipalities in Northern Colorado. From these discussions, each municipality can take a more measured approach to providing affordable housing in their communities. 1 Packet Pg. 293 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 57 4.5.4. Metrics TABLE 19: METRICS TO MEASURE OUTCOMES FOR STRATEGY 5 Metric 2010-2015 2020 Target Leverage rate of various City managed affordable housing funds 1:10 1:10 or better Number of City partners who produced affordable housing units 4.0 Same or increase Number of units that used incentive programs to be constructed 512 940 Average fees for affordable housing development projects, per unit $10,527.61 Sustain or decrease Number of acres of land in Land Bank program 49.1 50 or more 1 Packet Pg. 294 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 58 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 Packet Pg. 295 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 59 5. CONCLUSION This Affordable Housing Strategic Plan is the culmination of two years of data gathering and public outreach focused on the housing needs of the most vulnerable members of our community. The purpose of this plan is to guide policy, funding, and future-decision making regarding affordable housing. This plan identifies a number of strategies to achieve the City’s overall goal of having 6% of all housing units utilize affordable housing programs in the next five years and 10% by 2040. A lack of affordable housing affects everyone in our community. Many clerks, administrative assistants, graphic designers, chefs, and teachers, amongst others, are valuable members of the community and rely on affordable housing to live in our community. Without the contribution of these vital people, Fort Collins would not be able to function on a day-to-day basis. Affordable housing is one of the few issues that have such wide-ranging implications. A lack of affordable housing means people have to live in other communities and commute in to Fort Collins, which leads to negative environmental and social outcomes. Increased reliance on cars leads to more traffic and congestion, which leads to more pollution and diminishes the quality of the environment. Without access to affordable housing, many families cannot save money and are vulnerable in the event of an unforeseen expense. The inability to save perpetuates the cycle of poverty and prevents upward social mobility. These families also consume fewer goods, which can have a negative impact on the local economy as well. The Fort Collins community has long supported affordable housing development. The goals and strategies outlined in this plan are ambitious but can be accomplished with the support from City Council and the community at large. Many of these proposed action items will require difficult conversations and financial resources above and beyond the City’s existing resources. City Council’s support of this plan shows a commitment to affordable housing and improving the quality of life in Fort Collins. By achieving the goals within this plan, Fort Collins will be a more diverse, vibrant, and accessible community for everyone. 1 Packet Pg. 296 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 60 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 Packet Pg. 297 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 61 APPENDIX A – OUTREACH SUMMARY Throughout the creation of this plan, City staff conducted extensive public outreach. What follows is a brief summary of each event and the outcomes from each phase of public outreach. Event Date Participants Super Boards & Commissions Meeting March 19, 2015 39 HAPS Stakeholder Meeting May 12, 2015 16 Public Open House May 19, 2015 25 Public Forums July 29 & 30, 2015 19 Affordable Housing Board Public Hearing September 3, 2015 1 Comment Form on Social Sustainability Website May 2015 – September 2015 17 Super Boards & Commissions Meeting The Super Boards & Commissions Meeting was the kick-off event for the Affordable Housing Strategic Plan. At this event, staff presented data on housing affordability in Fort Collins and introduced the proposed goals that would form the spine of the AHSP. After the presentation, the participants split up into smaller groups to discuss proposed goal language. In the small group discussions, most participants commented that the goals were on the right track. Most participants also thought that the goals should not be prioritized to allow the City flexibility in assessing applications. Some participants were concerned that the goals would be difficult to measure and should be more specific. To alleviate this issue, some participants asked for the plan to incorporate a series of metrics to measure the success of the plan. Participants also noted that transportation should be mentioned explicitly somewhere in the plan since many lower income households rely on transit for their transportation needs. HAPS Stakeholder Meeting The purpose of the HAPS stakeholder meeting was to brainstorm strategies and implementation items to include in the AHSP. The HAPS stakeholder group was comprised of developers, non-profits, City employees, and real estate professionals concerned with the affordability of Fort Collins. The dialogue took place via small group discussions about each of the five strategies of the plan with a report back to the larger group. Many of the ideas discussed at this session were included in the final plan. Examples of strategies generated at this event include a program to allow phased building improvements, streamlining City fee processes, and exploring design standards to allow for better opportunities to age in place. 1 Packet Pg. 298 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 62 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN Public Open House Following the HAPS stakeholder meeting, staff incorporated feedback from the meeting and presented the refined strategies to the public. Staff gave a brief presentation introducing the strategies to the public and then had separate boards that contained the strategy language for comment. Participants were able to go to each strategy station and provide feedback on the list of strategies and propose new strategies. The outcome of the open house was to eliminate strategies that the community felt was not viable, confirmation of existing strategies, and the inclusion of new strategies. Public Forums The public forums held in July were an opportunity for the public to provide feedback on the final strategies, action plan items, and metrics for the plan. Staff started each meeting with a brief presentation that provided an overview of the plan as a whole. Staff then asked the participants for feedback about the plan as a whole but with a particular focus on the action plan items and metrics. Public comment confirmed that the plan was heading in the right direction and implementing programs that would have a positive impact on the provision of affordable housing. While praising the overall direction of the plan, participants recommended refining the language of specific action plan items and the removal of metrics that would be difficult to track. Affordable Housing Board Public Hearing The public hearing at the Affordable Housing Board meeting in September provided an opportunity for the public to comment on the final draft of the AHSP. Staff also sought a recommendation of approval from the board to take to City Council. Staff’s presentation focused on the overarching goal of the AHSP and notable action plan items that will help the City reach these goals. After the presentation, staff invited members of the public and the Affordable Housing Board to provide comment on the plan as a whole. Public focused on concerns that City policies would target homeownership opportunities for households earning 60% AMI. The member of the public that provided this testimony thought that households earning 60% AMI would not have the ability to save up money to account for unforeseen expenses related to homeownership and could be at greater risk for failing to make their mortgage payments. The Affordable Housing Board was generally in support of the plan as presented but thought the overarching goals might be too ambitious. Comment form on Social Sustainability website The Social Sustainability website contained a form to provide feedback on the AHSP throughout the duration of the plan. Comments provided on this form ranged widely. Numerous commenters expressed concern related to the development of the two Land Bank parcels on Kechter Road. These commenters felt that affordable housing could have a detrimental 1 Packet Pg. 299 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 63 impact on property values, school overcrowding, and compatibility with the neighborhood. Others congratulated Fort Collins for their effort in providing a plan that deals with affordable housing for low-income households. A small handful of commenters noted that Fort Collins is becoming less affordable and threatens to push many members of the community out. 1 Packet Pg. 300 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) 64 2015-2019 AFFORDABLE HOUSING STRATEGIC PLAN 1 Packet Pg. 301 Attachment: Exhibit A (3574 : 2015-2019 Affordable Housing Strategic Plan RES) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement Expansion Fees. EXECUTIVE SUMMARY The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Agreement Summary On April 2, 2013, City Council adopted Ordinance No. 055, 2013, approving an Economic Development Project Agreement (“Agreement”) between the City, the DDA, and Woodward, Inc. The Agreement specifies Woodward is eligible for a rebate in three areas: Use Tax on Construction Materials and Eligible Equipment (up to 80%) Development Fees (100%) Capital Improvement Expansion Fees and Utility PIF Fees (up to 50%). Employment Level Requirements The three rebate categories were offered with the stipulation that employment levels must reach or exceed 1,400 employees within the City by December 31, 2018. If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the earned rebate until set employment levels have been met, but will pay Woodward 60% of the earned rebates on the schedule agreed to by the City and Woodward If the target employment level is reached after December 31, 2018 but before December 31, 2020, Woodward will receive the retained 40 percent less $500,000 (combined between use tax and development fee rebates) Woodward will not be entitled to the remaining 40 percent if the target level is not reached by December 31, 2020. 15 Packet Pg. 302 Agenda Item 15 Item # 15 Page 2 Rebate Schedule as agreed upon with Woodward Staff has developed a rebate schedule with Woodward which is consistent with the agreement whereby two rebate applications will be processed each year. The two applications per year consist of the following components: Application 1 includes: o January through June: Development Review and Capital Improvement Fees Application 2 includes: o July through December: Development Review and Capital Improvement Fees o January through December: Use Tax Rebate funds will be appropriated by City Council biannually as part of the rebate process. This rebate application is for fees paid from January through June 2015 and includes development review fees and capital improvement expansion fees. Rebate Payment Development Fees 100% CIE Fees 50% Utility PIF 50% Not Eligible for Rebate Total Total Fees Collected $132,468 $201,572 $136,808 $62,288 $533,136 Rebate Owed 132,468 100,786 68,404 N/A 301,658 Rebate Eligible for Payment - 60% 79,480 60,472 41,042 N/A 180,994 Rebate Holdback - 40% 52,988 40,314 27,362 N/A 120,664 Backfill 0 0 68,404 N/A 68,404 For the application period Woodward earned a total of $301,658 in rebates. Of that amount, 40% is held back pending the aforementioned employee level requirements. The remaining 60% which totals $180,994 is requested for rebate at this time. The 40% that is held back has been assigned within the General Fund in recognition of the potential future obligation. In May 2015, staff proposed two options to Council with regard to backfilling the CIE Fees. Council approved the CIE Fees be paid out of the corresponding Fund rather than being backfilled by the General Fund. Based on that decision, payment of the CIE fees is proposed to be paid as follows: 15 Packet Pg. 303 Agenda Item 15 Item # 15 Page 3 CIE Fund Fees Paid Rebate Earned Rebate Owed 60% General Government $32,470 $16,235 $9,741 Police 9,344 4,672 2,803 Fire 16,586 8,293 4,976 Street Oversizing 143,172 71,586 42,952 Total 201,572 100,786 60,472 The development review fees and Utility PIF's will be paid from General Fund Reserves. CITY FINANCIAL IMPACTS The total rebate amount is $180,994. The amount of $120,522 will come from prior year General Fund Reserves and the following amounts will come from the Capital Improvement Expansion Funds: General Government: $9,741 Police: $2,803 Fire: $4,976 Street Oversizing: $42,952 ATTACHMENTS 1. Powerpoint presentation (PDF) 15 Packet Pg. 304 Woodward Economic Rebate 10/6/15 ATTACHMENT 1 15.1 Packet Pg. 305 Attachment: Powerpoint presentation (3577 : Woodward Economic Rebate) Woodward Rebate Summary 2 • Rebates Allowed Per the Agreement • Use Tax on Construction Materials and Eligible Equipment (80%) • Development Fees (100%) • Capital Improvement Expansion Fees (CIE) & Utility PIFs (50%) • Rebates Schedule as agreed upon with Woodward • 2 applications per year • Application 1 – Covers January - June • Includes Development Review and Capital Improvement Expansion Fees (CIE), and Utility PIF • Application 2 Includes: • June-December – Development Review, CIE Fees, Utility PIFs • January-December – Use Tax 15.1 Packet Pg. 306 Attachment: Powerpoint presentation (3577 : Woodward Economic Rebate) Estimated Current Rebate Due For Period January 1, 2015 – June 30, 2015 3 Total Due: $180,994 Rebate Payment Development Fees 100% CIE Fees 50% Utility PIF 50% Use Tax 80%* Not Eligible for Rebate Total Total Fees Collected $132 $202 $137 $0 $62 $533 Rebate Owed 132 101 68 0 N/A 301 Rebate Eligible for Payment - 60% 79 60 41 0 N/A 181 Rebate Holdback- 40% 53 41 27 0 N/A 120 Backfill** $0 $0 $68 $0 N/A $68 *Use Tax Rebate only paid once per year ** Backfill based on full rebate owed ($ 000s) 15.1 Packet Pg. 307 Attachment: Powerpoint presentation (3577 : Woodward Economic Rebate) General Fund Backfill 4 • At the time the Woodward agreement was approved, the structure was to “backfill” CIE fees from the General Fund • After further consideration, the approach to backfill CIE fees has been revisited with City Attorney’s Office • A new option identified - Fund the CIE rebates out of the capital improvement expansion funds instead of the general fund • All other rebates to be paid from the General Fund • Council Direction in May 2015 was to use CIE funds for rebate 15.1 Packet Pg. 308 Attachment: Powerpoint presentation (3577 : Woodward Economic Rebate) Impact of Backfill to CIE Funds 5 CIE Fund 2014 Yearend Balance CIE Fees Applicant Paid Project to Date Previous Rebate Earned 2015 Rebate Earned 1/1-6/30/15 Total as % of 2014 Yearend General Government $7,562 $115 $42 $16 0.8% Police 927 33 12 5 1.8% Fire 847 60 21 8 3.4% Street Oversizing 14,505 723 290 72 2.5% Total $365 $101 Total impact: $466K ($ 000s) 15.1 Packet Pg. 309 Attachment: Powerpoint presentation (3577 : Woodward Economic Rebate) Additional Considerations 6 • Rebate of CIE’s was/is an exception to normal practice • Backfill decision is specific to the Woodward rebate and NOT a long term policy decision on how other rebates may be addressed in the future • No impact to near term projects by not using General Fund backfill • Police and Fire funds primarily used for debt service currently • Street oversizing fees have long term funding requirements that exceed revenue estimates 15.1 Packet Pg. 310 Attachment: Powerpoint presentation (3577 : Woodward Economic Rebate) - 1 - ORDINANCE NO. 113, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL, CAPITAL EXPANSION AND STREET OVERSIZING FUNDS TO REIMBURSE WOODWARD, INC. FOR DEVELOPMENT FEES AND CAPITAL IMPROVEMENT EXPANSION FEES WHEREAS, the City, the Fort Collins Downtown Development Authority, and Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.” dated April 16, 2013 (the “Agreement”), which Agreement provides business investment assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing and office facilities in Fort Collins; and WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from the City for the following paid by it to the City: (1) Use Tax on Construction Materials and Eligible Equipment, (2) Development Fees, and (3) Capital Improvement Fees; and WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually for Development Review and Capital Improvement Fees and once a year for the Use Tax rebate; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No. 055, 2013, on April 2, 2013; and WHEREAS, the current reimbursement due to Woodward for the period of January 1, 2015, through June 30, 2015, is $180,994 for eligible fees; and WHEREAS, in accordance with the terms of the Agreement, staff is requesting appropriation of the full amount to reimburse Woodward from prior year reserves from the following funds: General Fund: $120,522 Capital Expansion Fund General Government $9,741 Police $2,803 Fire $4,976 Capital Expansion Fund: $17,520 Street Oversizing Fund: $42,952 Total Reimbursement Request: $180,994 Packet Pg. 311 - 2 - WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED TWENTY-TWO DOLLARS ($120,522) to reimburse Woodward for Development Fees and Capital Improvement Expansion Fees as required by the Agreement. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Capital Expansion Fund the sum of SEVENTEEN THOUSAND FIVE HUNDRED TWENTY DOLLARS ($17,520) to reimburse Woodward for Development Fees and Capital Improvement Expansion Fees as required by the Agreement. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Street Oversizing Fund the sum of FORTY TWO THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS ($42,952) to reimburse Woodward for Street Oversizing Capital Improvement Expansion Fees as required by the Agreement. Section 4. That it is the City Council’s intent that this Ordinance and the appropriations herein shall and do hereby supersede and control over any provisions to the contrary in Chapters 7.5 and 8 of the City Code. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2015, and to be presented for final passage on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 312 - 3 - Passed and adopted on final reading on the 20th day of October, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 313 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY October 6, 2015 City Council STAFF Honore Depew, Environmental Planner Lucinda Smith, Environmental Sustainability Director Susie Gordon, Senior Environmental Planner SUBJECT Resolution 2015-087 Appointing Two Councilmembers to Serve as Representatives at the Larimer County Solid Waste/Resource Recovery Forum. EXECUTIVE SUMMARY The purpose of this item is to appoint two City Councilmembers to represent the City of Fort Collins at the Solid Waste/Resource Recovery Forum, a regional forum on waste reduction and recycling, to be held on Wednesday, October 14, 2015. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Larimer County Landfill is expected to reach capacity by 2025. Short and long range, systematic planning, including strong public engagement, is crucial to address the need for shared, regional infrastructure. The Environmental Services Department has been actively collaborating with a core planning group representing regional partners from Larimer County, the City of Loveland, and the Town of Estes Park to design and coordinate a Solid Waste/Resource Recovery Forum scheduled for Wednesday, October 14, 9:30 am to 3:30 pm at The Ranch, Larimer County Fairgrounds and Event Complex. Seventy-five regional stakeholders, representing the industry-government-university triple helix, have been invited to attend the forum, including two Councilmembers from the City of Fort Collins. The desired outcome is to have balanced representation between community leadership, private businesses, nonprofits, and academics. Attendees will actively participate in identifying priorities, opportunities, and challenges in the future of solid waste management and resource recovery, near and long term. ATTACHMENTS 1. Powerpoint presentation (PDF) 16 Packet Pg. 314 Regional Wasteshed Planning (Northern Front Range) October 6, 2015 Regular Meeting Community Forum October 14, 2015 ATTACHMENT 1 16.1 Packet Pg. 315 Attachment: Powerpoint presentation (3545 : Waste Summit Appt) The Present 2 Larimer County landfill closure in 10 years (2025) • Future directions to take for management of waste require regional (“waste-shed”) discussion • Community input sought, more planning to follow • Final decisions/direction needed by 2020 • If “go forward”, need 5-yr. lead time to finance new system, permitting, design & engineering. 16.1 Packet Pg. 316 Attachment: Powerpoint presentation (3545 : Waste Summit Appt) Initial Timeline for Planning Process 3 2015-2016: Public Input & Dialogue • Regional coalition formed (Spring 2015) • Listening, gathering information, site visits • Large stakeholder forum (Fall 2015) • County-wide survey (Winter 2016) • Multiple community forums (2016) 2017-18: More in-depth evaluation of options for regional waste management, in preparation for Larimer County Landfill closure in 2025. 16.1 Packet Pg. 317 Attachment: Powerpoint presentation (3545 : Waste Summit Appt) Purpose of Resolution Designation of two City of Fort Collins Councilmembers to attend Community Forum: • October 14, 2015 • 9:30 a.m. to 3:30 p.m. • The Ranch, Larimer County Events Complex • 75 regional stakeholders invited • Limited number of participants intended to enable round- table conversations 4 16.1 Packet Pg. 318 Attachment: Powerpoint presentation (3545 : Waste Summit Appt) - 1 - RESOLUTION 2015-087 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING TWO COUNCILMEMBERS TO SERVE AS REPRESENTATIVES AT THE LARIMER COUNTY SOLID WASTE/RESOURCE RECOVERY FORUM WHEREAS, the Larimer County Landfill will reach capacity within the next ten years, and extensive planning is essential to successfully transition into the future; and WHEREAS, the regional Solid Waste/Resource Recovery Forum has been scheduled on Wednesday, October 14, 2015 from 9:30 a.m. to 3:30 p.m. at the Ranch, located at the Larimer County Fairgrounds and Event Complex; and WHEREAS, the City of Fort Collins, City of Loveland, Town of Estes Park and Larimer County have been invited to select two elected officials to attend and represent their municipalities; and WHEREAS, the City of Fort Collins desires to appoint two Councilmembers to attend and represent the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Councilmember ______________________________ and Councilmember ____________________________are hereby appointed to attend and serve as the representatives for the City of Fort Collins at the Solid Waste/Resource Recovery Forum on October 14, 2015, from 9:30 a.m. to 3:30 p.m. to be held at the Larimer County Fair Grounds and Events Complex. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of October, A.D. 2015. Mayor ATTEST: City Clerk Packet Pg. 319 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 City Cable Channel 14 Ross Cunniff, District 5 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 October 6, 2015 After the Regular Council Meeting, which begins at 6:00 p.m. CALL TO ORDER. 1. Timing of Community Improvement Program Projects (Dedicated ¼-cent). (staff: Ginny Sawyer, Darin Atteberry: 5 minute staff presentation; 30 minute discussion) The purpose of this item is to discuss and confirm project timing for projects approved in April 2015 as part of the ¼-cent Community Improvement Program. The Program includes 17 funds and projects to be implemented between 2016 and 2025. Capital Projects: Carnegie Building- $1.7M City Park Train- $350K Club Tico- $250K Poudre River/Whitewater Park- $4M Gardens Visitor’s Center- $2M Lincoln Bridge- $5.3M Linden Street- $3M SE Community Center- $14M Willow Street- $3.5M Funds: Affordable Housing- $4M Arterial Intersections- $6M Bike Infrastructure- $5M Bike/Ped Crossings- $6M Bus Stops-$1M Nature in the City- $3M Sidewalks- $14M Bus Replacement- $2M City of Fort Collins Page 2 2. Addition of Permitted Use (APU) Review Procedures. (staff: Laurie Kadrich, Tom Leeson; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to request feedback from Council on the review procedures for Addition of Permitted Use (APU) applications. On September 1, 2015, City Council approved revisions to the APU process whereby the Planning and Zoning Board will make the final decision on a development application associated with those APU requests located within 8 prescribed residential zone districts and make a recommendation to the Council regarding the APU request. Council will then make a final decision on the APU request. Direction is being sought from City Council on the APU review procedures since the adopted City Council procedures for meetings and work sessions do not address how hearings for quasi-judicial proceedings such as APU and rezoning applications are to be conducted. OTHER BUSINESS. ADJOURNMENT. DATE: STAFF: October 6, 2015 Ginny Sawyer, Policy and Project Manager Darin Atteberry, City Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Timing of Community Improvement Program Projects (Dedicated ¼-cent). EXECUTIVE SUMMARY The purpose of this item is to discuss and confirm project timing for projects approved in April 2015 as part of the ¼-cent Community Improvement Program. The Program includes 17 funds and projects to be implemented between 2016 and 2025. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Which of the one-time capital projects does Council support completing between 2016 and 2019? 2. Of the timing scenarios provided, which is Council’s preference? BACKGROUND / DISCUSSION After an 18-month community conversation and ballot referral by Council, in April 2015, voters approved a 10- year, ¼-cent sales tax for specific community improvements. All projects/funds are very specifically identified in the ballot language and in the associated ordinance. However, the timing of the projects is not defined. Staff has worked on numerous timing scenarios, taking into account community needs and desires, project readiness, leveraging opportunities, and program effectiveness. This work and associated discussions have led to the creation of multiple possible timing scenarios. Following the August 25 work session, staff was asked to develop additional timing scenarios. Six scenarios were developed and provided in a memo to Council. For this work session, staff has reduced the options to three that appear to be most viable. Considerations: All scenarios reflect grant matches needed in select funds. Capital Projects: Carnegie Building- $1.7M City Park Train- $350K Club Tico- $250K Poudre River/Whitewater Park- $4M Gardens Visitor’s Center- $2M Lincoln Bridge- $5.3M Linden Street- $3M SE Community Center- $14M Willow Street- $3.5M Funds: Affordable Housing- $4M Arterial Intersections- $6M Bike Infrastructure- $5M Bike/Ped Crossings- $6M Bus Stops-$1M Nature in the City- $3M Sidewalks- $14M Bus Replacement- $2M 1 Packet Pg. 3 October 6, 2015 Page 2 All funds need and desire predictable and relatively even funding to manage programs, workloads, and to accomplish identified goals. The Lincoln Bridge, Poudre River Enhancements, and the SE Community Center are the three major projects that drive the timing options. Public Outreach Following the previous work session on August 25, staff posted an online questionnaire regarding timing and hosted an open house. While the open house had minimal attendance, the conversation was good and focused on understanding the complexities and give and take of a pay-as-you-go program and a desire to provide amenities for the entire community. The online questionnaire saw a large number residents in the southeast quadrant of the City participate and reflected a strong desire to complete the Southeast Community Center as early in the process as possible. Detailed questionnaire results are provided in the Council memo. ATTACHMENTS 1. Timing Scenarios (PDF) 2. Description of Capital Projects and Funds (PDF) 3. August 25 Work Session Summary (PDF) 4. Powerpoint presentation (PDF) 1 Packet Pg. 4 SCENARIO A SCENARIO B SCENARIO C* Capital Projects by Year: City Park Train- 2016 Club Tico- 2016 Lincoln Bridge- 2016/17 Visitor’s Center- 2017 Poudre River- 2018 Willow Street- 2018/19 Linden Street- 2019/20 Carnegie- 2020 SE Community Center- 2023/24 Capital Projects by Year: City Park Train- 2016 Club Tico- 2016 Lincoln Bridge- 2016/17 Visitor’s Center- 2017 Poudre River- 2018 Willow Street- 2018/19 Linden Street- 2019/20 SE Community Center- 2022/23 Carnegie- 2024 Capital Projects by Year: City Park Train- 2016 Club Tico- 2016 Lincoln Bridge- 2016/17 Poudre River- 2017 Visitor’s Center- 2018 Willow Street- 2018/19 Linden Street- 2019/20 SE Community Center- 2022/23 Carnegie- 2024 Fund totals 2016-2019 only: Affordable Housing- $1.1M Arterial Intersections- $1.7M Bike Infrastructure- $1.2M Bike/Ped Crossings- $3M Bus Stops-$400K Nature in the City- $800K Sidewalks- $4.2M TransFort Bus Replacement- $500K Fund totals 2016-2019 only: Affordable Housing- $1.1M Arterial Intersections- $1.5M Bike Infrastructure- $1.35M Bike/Ped Crossings- $3.5M Bus Stops- $400K Nature in the City- $800K Sidewalks- - $4.2M TransFort Bus Replacement- $500K Fund totals 2016-2019 only: Affordable Housing- $1.1M Arterial Intersections- $1.5M Bike Infrastructure- $1.35M Bike/Ped Crossings- $3.5M Bus Stops- $400K Nature in the City- $800K Sidewalks- - $4.2M TransFort Bus Replacement- $500K *Scenario C has a $1.25M deficit in 2017 that needs to be resolved. *Resolution could be an advance from Building Community Choices (to be paid back in 2018). 1 Capital Projects City Park Train $350K This project brings back the much loved City Park train in a new, expanded location east of the playground. Club Tico Renovation $250K This project completes the renovation of Club Tico at City Park by renovating the kitchen and restrooms and adding a second story deck on the south side of the facility. Downtown Poudre River Enhancements and Whitewater Park $4M for initial construction / $50K for annual operations and maintenance The Coy diversion project (near the Power Plant building) involves modifying or removing the Coy diversion structure, creating a whitewater park with viewing/picnic areas, improving access to the river, enhancing the river’s habitat and beauty, and adding a pedestrian bridge over the river east of College. The project also lowers the river channel to improve flood mitigation and prevent flooding of College Avenue. Additional Considerations: Citizens are raising $1.5 Million as part of the project Gardens on Spring Creek Visitor’s Center $2M for initial construction/ $40K for annual operations and maintenance This project completes the Visitor’s Center at the Gardens on Spring Creek. The Visitor’s Center currently contains a production greenhouse, Evelyn Clark Classroom, a lobby and offices. The envisioned building contains a conservatory, large meeting room, observation tower, new entryway with gift shop, a small café, and additional office space. These additions will double the square footage of the facility. Additional Considerations: Citizens are raising $1 Million as part of the project Lincoln Avenue Bridge $5.3M for initial construction/ $36K for annual operations and maintenance This project will fund design, right-of-way acquisition, and construction of improvements to the west segment of Lincoln Avenue located between the Union Pacific Railroad Tracks just north of Jefferson Street to 1st Street, including the Poudre River Bridge. Linden Street Renovations $3M for initial construction / $12K for annual operations and maintenance This project will fund the final design and construction of the preferred options for the renovation of an important downtown block of Linden Street. This block is one of the city’s most programmed streets, hosting festivals, events and concerts throughout the year. This project concept would reconstruct the entire block into a brick street that could be closed off for special events but still allow vehicle parking in non-event days. ATTACHMENT 2 1.2 Packet Pg. 6 Attachment: Description of Capital Projects and Funds (3622 : BOB 2.0 Timing of Projects) 2 Renovation of the Historic Carnegie Building $1.7M for initial construction; $10K for annual operations and maintenance This project renovates the historic 1904 Carnegie library building in Library Park to enhance its use as a community asset. The project specifically focuses on stabilizing and protecting this historic structure, addressing infrastructure issues, adding needed amenities, such as a staircase and restrooms, and other general improvements to allow it to serve as a community center in the heart of downtown. Southeast Community Center and Outdoor Pool $14M for initial construction/ $230K for annual operations and maintenance This project envisions a unique Community Center focused on innovation, technology, art, recreation and the creative process. The Center will be a place for the community to try-out new technologies like 3-D printers, laser cutters, robotics and emerging software. It will be a true makerspace. It will include a multi-functional performance space and a social area. The Center will focus on wellness with fitness rooms for classes from Aikido to Zumba and by connecting to the beautiful surrounding park environment. The Center will also have a large outdoor leisure pool with water slides, sprays and jets, decks, a lazy river and open swimming area. Willow Street Improvements $3.5M for initial construction/ $11K for annual operations and maintenance This project would fund final design and construction of improvements to Willow Street as identified in the River District Infrastructure Plan. This project is envisioned to extend vibrant, pedestrian- oriented activities to the River District. Wide sidewalks, on-street parking, urban design, landscaping and potentially a linear water feature are planned. Additional Considerations: Downtown Development Authority is willing to contribute ~400K to this project Funds Affordable Housing Fund $4M over 10 years This fund would provide a revenue source for the capital costs of development or rehabilitation of one or more housing projects designated specifically for low income individuals and families. The $4M contribution may be combined with or leverage other sources of income directly related to housing affordability including funds from the Housing Bank, licensing fees, Affordable Housing fund, grants, etc. Additional Considerations: Local commitment of funding in the first years of the BOB time period is critical for being awarded Low Income Housing Tax Credits and other leveraging opportunities. Arterial Intersection Improvements Fund $6M over 10 years This project provides funding for improvements to arterial intersections prioritized by congestion and safety improvements for all travel modes. Previous funding for these projects was highly successful as matching funds for grants and the dollars were doubled over the life of the tax. The fund is a 1.2 Packet Pg. 7 Attachment: Description of Capital Projects and Funds (3622 : BOB 2.0 Timing of Projects) 3 direct and effective way to address citizen concerns regarding worsening traffic, congestion and roadway safety. Additional Considerations: Having continuous funding provides the most flexibility to match dollars for short lead time grant and leveraging opportunities. Need sufficient match in 2017 and 2018 (total of ~$500,000) for a federal grant. Bicycle/Pedestrian Grade-Separated Crossings Fund $6M for construction/ $20K for operations and maintenance This project establishes an annual fund that would construct top priority grade-separated bicycle and pedestrian crossings across arterial roadways. Potential locations include the Power Trail crossing at Harmony Road, crossing Shields Street west of the CSU Main Campus, crossing Prospect Road near Center Avenue, and major arterial crossings by the Mason Trail. Additional Considerations: Need sufficient dollars with in a two year period ($1.5 to $2m) to fund one crossing. Bicycle Infrastructure Improvements - Safe Routes to Everywhere $5M over 10 years This package provides funding to be used toward stand-alone bicycle infrastructure projects as well as add-on elements to other projects that complete or enhance the City’s bicycle network. Projects will enhance safety, provide wayfinding, and improve comfort for bicyclists. Additional Considerations: In 2014 City Council adopted a new Bicycle Master Plan that establishes a “low stress” bicycle network with a proposed completion date of 2020. Delayed or inconsistent funding would result in the networks not being completed according to the plan timeframe. Bus Stop Improvements -Safe Routes to Everywhere $1M over 10 years Currently there are more than 200 bus stops within the Transfort system that do not meet Americans with Disabilities Act (ADA) access requirements. This funding would allow Transfort to upgrade 10 bus stops per year to be ADA accessible and improve mobility options for disabled residents of Fort Collins. Additional Considerations: Consistent annual funding would allow for more efficient planning and scheduling of work. Implementing Nature in the City $3M for specific projects/ $100K for operations and maintenance The City is transitioning from a large, suburban town to a small, urban city with a projected 250,000 residents. As this happens, it is critical that we protect access to nature and the key open spaces that define our community. Natural spaces within our urban setting are valuable not only as habitats and for aesthetics, but they are also key to preserving quality of life, and the sense of place that makes Fort Collins unique. To achieve the vision set forth in the Nature in the City strategic plan, this project will: (1) fill in gaps either to achieve a 10-minute walk or to enhance species connectivity, and (2) enhance existing sites to provide greater habitat variety and natural experiences. 1.2 Packet Pg. 8 Attachment: Description of Capital Projects and Funds (3622 : BOB 2.0 Timing of Projects) 4 Additional Considerations: It is expected that these funds will leverage internal funds and perhaps external funds as well. Consistent annual funding will inspire the confidence of our potential partners. Pedestrian Sidewalk and ADA Compliance Program - Safe Routes to Everywhere $14M over 10 years The Pedestrian Sidewalk and ADA Compliance Program is based on the 2013 assessment and the program cost has been quantified into a 52-year program. The City is not in compliance with the Americans with Disabilities Act. With the $134 million Sidewalk and ADA Compliance Program needs, a sustainable and predictable revenue source is needed to implement the overall cost of construction of a 52-year compliance program. Additional Considerations: Critical to have consistent funding which will allow an annual program that can leverage projects with Street Maintenance, Capital Projects, Safe Routes to School program and the Bus Stop program. Transfort Bus Fleet Replacement $2M over 10 years The funding of this project would provide the 20% local match needed to replace 20 heavy duty buses over the next 10 years. This 20% or, $2 million, would be leveraged to receive $8 million of federal and state grant funding. Over the next ten years three-quarters of Transfort’s fleet will be beyond its useful life. The replacement of buses beyond their useful life will reduce maintenance expenses and ensure reliable service to the Transfort customer. Additional Considerations: Funding should match grant cycles. 1.2 Packet Pg. 9 Attachment: Description of Capital Projects and Funds (3622 : BOB 2.0 Timing of Projects) ATTACHMENT 3 1.3 Packet Pg. 10 Attachment: August 25 Work Session Summary (3622 : BOB 2.0 Timing of Projects) 1 Council Work Session October 6, 2015 Timing of Community Improvement Program Projects ATTACHMENT 4 1.4 Packet Pg. 11 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) Questions/Direction Sought 2 § Which of the one-time capital projects does Council support completing between 2016-2019? § Of the timing scenarios provided, which is Council’s preference? 1.4 Packet Pg. 12 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) Background 3 § Dedicated tax (pay as you go) is method Fort Collins has historically used to fund capital § Estimate ¼ -cent revenue at $83M § Target project dollar amount: $75.1 M § 5 years of O&M for select projects: $2.6M § 3% inflation on non-fund projects: $5.3 M 1.4 Packet Pg. 13 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) Community Improvement-Funds 4 Funds § Affordable Housing Fund- $4M § Arterial Intersection Improvements Fund - $6M § Bicycle Infrastructure Improvements - $5M § Bike/Ped Grade-Separated Crossings Fund - $6M § Bus Stop Improvements - $1M § Nature in the City - $3M § Pedestrian Sidewalk/ ADA Compliance - $14M § Transfort Bus Fleet Replacement - $2M 1.4 Packet Pg. 14 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) Community Improvement-Projects 5 Capital Projects § Carnegie Building Renovation - $1.7M § City Park Train - $350K § Club Tico Renovation - $250K § Downtown Poudre River Enhancements- $4M § Gardens on Spring Creek Visitor’s Center - $2M § Lincoln Ave Bridge Improvements - $5.3M § Linden Street Renovations - $3M § Southeast Community Center/Outdoor Pool - $14M § Willow Street Improvements – $3.5 M 1.4 Packet Pg. 15 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) Timing Rationale 6 § Provide citizens tangible projects as early as possible § Leverage available funds and opportunities § Provide even and predictable funding for Funds throughout the 10-year term § Work with known grant cycles 1.4 Packet Pg. 16 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) 7 1.4 Packet Pg. 17 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) 8 1.4 Packet Pg. 18 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) 9 1.4 Packet Pg. 19 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) Questions/Direction Sought 10 § Which of the one-time capital projects does Council support completing between 2016-2019? § Of the timing scenarios provided, which is Council’s preference? 1.4 Packet Pg. 20 Attachment: Powerpoint presentation (3622 : BOB 2.0 Timing of Projects) DATE: STAFF: October 6, 2015 Cameron Gloss, Planning Manager Laurie Kadrich, Director of PDT Tom Leeson, Interim Director, Comm Dev & Neighborhood Svrs WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Addition of Permitted Use (APU) Review Procedures. EXECUTIVE SUMMARY The purpose of this item is to request feedback from Council on the review procedures for Addition of Permitted Use (APU) applications. On September 1, 2015, City Council approved revisions to the APU process whereby the Planning and Zoning Board will make the final decision on a development application associated with those APU requests located within 8 prescribed residential zone districts and make a recommendation to the Council regarding the APU request. Council will then make a final decision on the APU request. Direction is being sought from City Council on the APU review procedures since the adopted City Council procedures for meetings and work sessions do not address how hearings for quasi-judicial proceedings such as APU and rezoning applications are to be conducted. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What are the appropriate City Council review procedures when evaluating Addition of Permitted Use applications? BACKGROUND / DISCUSSION Evaluating Quasi-Judicial Applications At this time, the Rules of Procedure governing City Council hearings do not address how the Council should conduct quasi-judicial hearings on rezonings of no more than 640 acres and APU applications. The only comparable process is contained in the Conduct of Public Hearing found in Section 2.2.7(B) of the Land Use Code, which applies to actions of the Administrative Hearing Officer (Type 1) and Planning and Zoning Board (Type 2). As a point of reference, the 7 step process enumerated in this Land Use Code Section is as follows: Order of Proceedings (1) Director Overview. (2) Applicant Presentation. (3) Staff Report Presented. (4) Staff Response to Applicant Presentation. (5) Public Testimony. (6) Applicant Response (Rebuttal). (7) Staff Response to Public Testimony or Applicant Response (Rebuttal). Three Procedural Options Staff has prepared three procedural options for Council consideration. The three options are differentiated principally by the use of rebuttal in the proceedings. Rebuttals are provided to allow a party to address issues raised by the opposition. In responding to issues, rebuttal is limited to those specific issues and cannot raise new issues or reexamine previous information. 2 Packet Pg. 21 October 6, 2015 Page 2 Option A - Applicant Rebuttal This option is essentially a simplified version of the APU review procedures already used by the Planning and Zoning Board. Advantages: Consistency with other quasi-judicial processes in place; simple for participants to follow; and lets an applicant respond to the burden of satisfying the review criteria for granting the APU application. Disadvantages: Fewer opportunities for opposing parties to offer a rebuttal compared to Option C. Order of Proceedings (1) Staff Presentation. (2) Applicant Presentation. (3) Public Testimony in Support or Opposition. (4) Applicant Rebuttal. (5)Staff Response. Option B - No Rebuttal Another option provides a variation to a basic hearing procedure that eliminates the ability for either party to provide rebuttal. Advantages: Outwardly, makes the process more simple. Can allow Council to question the applicant about issues and concerns raised by opponents. Disadvantages: Doesn’t allow an applicant to provide a response required to satisfy the review criteria for granting the APU application nor afford aggrieved parties the ability to offer a rebuttal to responses by the applicant. Order of Proceedings (1) Staff Presentation. (2) Applicant Presentation. (3) Public Testimony in Support or Opposition. Option C - Rebuttal and Subrebuttal Advantages: Allows equal time for applicants and opponents in their rebuttal. Disadvantages: Adds complexity to the process and may lengthen hearings. Order of Proceedings (1) Staff Presentation. (2) Applicant Presentation. (3) Public Testimony in Support or Opposition. (4) Applicant Rebuttal (5) Public Rebuttal 2 Packet Pg. 22 October 6, 2015 Page 3 Project Background Fort Collins APU regulations compared to other Communities As a follow-up to the September 1, 2015 APU hearing discussion, the Planning staff has been asked to describe how Addition of Permitted Use regulations are applied in other municipalities. Earlier this year, staff conducted a survey of 27 peer cities (Attachment 1) to determine the application of use permits that provide additional use rights without rezoning. None of the communities surveyed allow a process directly comparable to the City’s Addition of Permitted Use regulations nor is staff aware of another community that uses the exact same land use regulatory system. It is also noteworthy that communities typically have zoning provisions through a Conditional Permit process or a PUD ordinance that affords flexibility in land uses. Both of these regulatory systems are described below and have been shared with the Council in a past work session. Conditional Use Permit (CUP) Many zoning codes list certain land uses in zone districts, which may be permitted on a case-by-case basis and under set review criteria, and where appropriate conditions of approval are determined during the review and approval process. Fort Collins’ APU tool is similar, except that it does not list the uses in advance. Rather, it allows an unforeseen use to be proposed and then reviewed for the conditions needed to make it compatible in the given situation. Like APU, a Conditional Use Permit (CUP) does not change the underlying zoning, but rather provides a project specific change in the uses allowed on the property. Instead, a conditional use permit applies the provisions of the zoning ordinance and its standards to the specific circumstances which characterize a proposed land use. If a CUP is approved by a governing body, it will typically require that certain “conditions of approval” be met by the applicant. Alternatively, uses may be denied which do not meet adopted standards or cannot be made compatible with the surrounding neighborhood pending certain conditions of approval. Planned Unit Development (PUD) A Planned Unit Development (PUD) ordinance typically allows for larger, mixed developments, with each development master plan initiated by a developer. A PUD can offer a degree of flexibility that allows creativity in land planning, site design, and open lands protection that is often not possible with conventional subdivision and zoning parameters. A PUD is usually capable of mixing residential and nonresidential land uses to a greater degree than conventional zoning, enable greater housing options, and the incorporation of common open space. In exchange for design flexibility, developers are often better able to provide amenities and infrastructure improvements, and find it easier to incorporate unique site attributes. Some communities apply PUD as an overlay zone, so that the underlying zoning district remains, while others use PUD as a separate zone district designation. ATTACHMENTS 1. Existing Land Use Code and Overview of Peer Cities' Codes (PDF) 2. Powerpoint presentation (PDF) 2 Packet Pg. 23 1 Existing Land Use Code and Overview of Peer Cities’ Codes Revised: 9/28/15 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Fort Collins, CO No Fort Collins uses a process called an Addition of Permitted Use (APU) to allow for uses not outlined in the Land Use Code on a particular parcel if the use meets certain conditions. The proposed use must be compatible with the surrounding area and not have an adverse impact. Section 1.3.4 of the Fort Collins Land Use Code - http://colocode.com/f tcollins/landuse/articl e1.htm#sec1d3d4 Greeley, CO Yes, Use by Special Review Use by Special Review is akin to a conditional use permit in other communities. Uses by Special Review are denoted in Greeley’s land use tables and are subject to a public hearing in front of the Greeley Planning Commission. Below is the description of Use by Special Review from section 18.20.060 of the Greeley Municipal Code: Uses by special review (designated by "S" in the Table of Principal Land Uses) possess characteristics that require a public hearing to determine if the uses have the potential to adversely affect other land uses, transportation systems, public facilities or the like in the surrounding neighborhood. Decisions on use by special review requests shall be made by the Planning Commission. The Planning Commission may require conditions of approval necessary to eliminate, or mitigate to an acceptable level, any potentially adverse effects of the proposed use by special review. Section 18.20.060 of the Greeley Municipal Code - http://www.colocode. com/greeleypdf18.ht ml ATTACHMENT 1 2.1 Packet Pg. 24 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted 2 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Loveland, CO Yes, Use Permitted by Special Review Uses Permitted by Special Review are land uses designated in Loveland’s land use tables that require a special review process like a conditional use permit. The process is described as follows from section 18.40.015 of the Loveland Municipal Code: The purpose of allowing certain uses in a zoning district only upon issuance of a type 2 or type 3 zoning permit is to allow the city the opportunity to determine if the proposed use will be compatible with the surrounding uses of property. As part of its determination, the city may impose special restrictions and conditions, in conjunction with such uses, as deemed necessary, to insure that the purposes set forth in Section 18.04 will be met by the proposed use, that the effects of such uses on the surrounding neighborhood and the public in general will be ameliorated, and that the proposed use may therefore be allowed in a zoning district where it may otherwise be inappropriate and incompatible if such restrictions or conditions were not imposed. To such end, restrictions or conditions more or less strict than those set forth generally for each zoning district may be imposed by the city as a condition of approval of any special review. Section 18.40.015 of the Loveland Municipal Code - http://www.cityoflove land.org/modules/sho wdocument.aspx?doc umentid=72 Lakewood, CO Yes, Special Use Permit Lakewood’s Special Use Permits are designated uses in certain zone districts that require heightened scrutiny to ensure compatibility with its surroundings. Special Use Permits are given to projects that demonstrate that they meet the general development standards for its zone district and use while not substantially impairing the use/development of adjacent properties. The Lakewood Planning Commission is the decision making entity for Special Use Permits. Section 17.2.4 of the Lakewood Municipal Code - http://www.lakewood .org/City_Clerk/Codes _and_Laws/Municipal _Code/Title_17_- _Zoning/Article_2_- _Procedures_and_App eals/Article_2_- _Procedure_and_App eals.aspx Note: the label for section 17.2.4 is incorrect online but the verbiage and supporting diagrams are for Special Use Permits. 2.1 Packet Pg. 25 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted 3 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Westminster, CO Yes, Use by Special Permit and Conditional Uses Use by Special Permits and Conditional Uses are both used in Westminster. Uses by Special Permit require a public hearing with the Westminster Planning Commission. Conditional Uses are approved administratively by the Planning Manager. Each use permitted by the Use by Special Permit and Conditional Uses processes has their own requirements that must be met. These use specific requirements are in addition to the general compatibility requirements for each permit type. Sections 11-4-8 and 11-4-9 of the Westminster City Code - http://www.ci.westmi nster.co.us/CityGover nment/CityCode/Title XI/4Zoning.aspx#8 Boulder, CO Yes, Conditional Use Permit and Use Review Land uses subject to Conditional Use Permits are denoted in Boulder’s Use Table. Conditional Use Permits are granted by the Planning staff administratively. Boulder’s Use Table also lists uses allowed by going through a Use Review. Use Review is reserved for uses that are allowed in a particular zone district but require more scrutiny to ensure its compatibility with surrounding uses. Use Review also allows non-conforming uses to be modified within certain limits. Most Use Review decisions are made by Planning staff with the exception of non-residential projects in a residential zone district and attached or detached dwelling units or a residential project in a P district. These projects are first reviewed by the Planning staff, who passes along their recommendation to the Planning Board, which ultimately renders a decision. Boulder Use Table - http://www.colocode. com/boulder2/chapte r9-6_table6-1.htm Boulder Use Review process - http://www.colocode. com/boulder2/chapte r9- 2.htm#section9_2_15 Arvada, CO Yes, Conditional Use Permits Conditional Uses are outlined in Arvada’s use table. Conditional Use Permits in Arvada are subject to review by planning staff, the Planning Commission and City Council. City staff first provides the Planning Commission with a report on the Conditional Use Permit request. Then the Planning Commission holds a public hearing and then makes a recommendation to City Council. City Council then ultimately renders a decision for the Conditional Use Permit request. Section 3.14 of the Arvada Land 4 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Thornton, CO Yes, Special Use Permit Special Use Permits are outlined in Thornton’s use table. Special Use Permits go to the Development Permits and Appeals Board. Once a particular use has been allowed via a Special Use Permit, the use runs with the land and new owners are not required to reapply for a Special Use Permit. Section 18-52 of the Thornton Code of Ordinances - https://library.munico de.com/HTML/15041/ level3/CO_CH18DECO _ARTIIDEREPR.html#C O_CH18DECO_ARTIID EREPR_S18- 52SPUSPESU Longmont, CO Yes, Conditional Uses and Limited Uses Conditional Uses and Limited Uses are outlined in Longmont’s use table. Conditional Uses are defined as allowable uses in a zone district that are subject to heightened scrutiny to ensure compatibility with surrounding areas. Conditional Uses are approved administratively by the Development Review Committee, which is a group made up of city staff from planning, utilities, parks and various other departments. Limited Uses are required for certain principal uses that have the potential for negative impacts on surrounding areas. Limited Uses are approved administratively by the Planning Director but can be referred to the Development Review Committee if need be. Conditional Uses - Section 15.02.050(D) - https://library.municode.co m/HTML/14590/level3/PTII COOR_TIT15LADECO_CH 15.02DEREPR.html#PTIIC OOR_TIT15LADECO_CH1 5.02DEREPR_15.02.050R EPRMADEAP Limited Uses - Section 15.02.090(E) - https://library.municode.co m/HTML/14590/level3/PTII COOR_TIT15LADECO_CH 15.02DEREPR.html#PTIIC OOR_TIT15LADECO_CH1 5.02DEREPR_15.02.090S PRERESTMIDEAP Denver, CO Yes, Special Exception Review The Special Exception Review is akin to a Conditional Use Permit in other cities. Uses allowed via Special Exception Review are listed in the use tables. Applications for Special Exception Review are first reviewed by staff and their recommendations are forwarded on to the Board of Adjustment. The Board of Adjustment is a 5- member board that is appointed by the mayor. The Board of Adjustment then 5 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Aurora, CO Yes, Conditional Uses Conditional Uses are outlined in Aurora’s use tables. Most Conditional Uses are approved by the Planning and Zoning Commission. Projects in the E-470 corridor and the northeast plains zoning districts are approved administratively by the Director of Planning. Section 146.402 of the Aurora Building and Zoning Code - https://library.munico de.com/HTML/13725/ level5/SUHITA_AD_CH 146ZO_ART4DEAP_DI V1INGEINZORECOUS.h tml#SUHITA_AD_CH14 6ZO_ART4DEAP_DIV1I NGEINZORECOUS_S14 6-402COUS Colorado Springs, CO Yes, Conditional Uses Conditional Uses are outlined in Colorado Springs’ use table. Conditional Uses are first reviewed by planning staff and then passed along to the Planning Commission. The Planning Commission then holds a public hearing and renders a decision. Section 7.5.701 of the Colorado Springs Zoning Code - http://www.sterlingco difiers.com/codebook /getBookData.php?id= &chapter_id=62753&k eywords=#s849811 Provo, UT Yes, Conditional Use Permits Uses allowed by Conditional Use Permit are outlined in Provo’s use tables. Requests for a Conditional Use Permit are filed directly with the Planning Commission. The Planning Commission then holds a public hearing and in conjunction with reports and recommendations from city staff, renders a decision. Section 14.02.040 of the Provo City Code - http://www.codepubli shing.com/ut/provo/h tml/Provo14/Provo14 0200.html#14.02.040 Gainesville, FL Yes, Special Use Permit Uses allowed by Special Use Permit are outlined in Gainesville’s use tables. Requests for a Special Use Permit are first reviewed by city staff. Staff writes a report with their findings and submits it to the City Plan Board. The City Plan Board then holds a public hearing and renders a decision. Section 30-234 the Gainesville Code of Ordinances- https://library.munico de.com/index.aspx?cli 6 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Eugene, OR Yes, Conditional Use Uses allowed by Conditional Use Permit are outlined in Eugene’s use tables. City staff first reviews Conditional Use Permit applications and writes a report with their recommendations. This report is then given to a hearing official or the Planning Commission, who then holds a public hearing. The hearing official or Planning Commission then renders a decision based on the feedback from the public hearing and the staff report. 9.8075 of the Eugene Code - http://www.eugene- or.gov/DocumentCent er/View/2704 Tacoma, WA Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Tacoma’s use tables. Conditional Use Permits are approved administratively by the Planning Director without a public hearing with the exception of Conditional Use Permits for large- scale retail. Large-scale retail uses applying for a Conditional Use Permit are subject to a public meeting and approval from a hearing examiner. 13.06.640 of the Tacoma Municipal Code (starts on page 13-245) - http://cms.cityoftaco ma.org/cityclerk/Files/ MunicipalCode/Title1 3- LandUseRegulatoryCo de.PDF Garland, TX Yes, Specific Use Permit Uses allowed by Special Use Permit are outlined in Garland’s schedule of uses. Special Use Permits are first reviewed by the Planning Commission. The Planning Commission then gives their recommendation on the proposal to City Council. City Council then renders a decision. If successful, Special Use Permits are passed as an ordinance by City Council. Section 33 of the Garland Comprehensive Zoning Ordinance (starts on page 103) - http://www.ci.garland .tx.us/civicax/filebank/ blobdload.aspx?blobid =4951 Boise, ID Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Boise’s table of allowed uses. Conditional Use Permits are first reviewed by city staff who writes a report on their findings for the Planning and Zoning Commission or a hearing officer. The Planning and Zoning Commission or a hearing officer then holds a public hearing and renders a decision. Section 11-03-04(6) of 7 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Olathe, KS Yes, Special Use Permit Uses allowed by Special Use Permit are outlined in Olathe’s use matrix. Special Use Permits are subject to a public hearing in front of the Planning Commission. The Planning Commission then passes its recommendations along to City Council and City Council renders a decision. City Council passes all Special Use Permits as resolutions. Section 18.40.100 of the Olathe Unified Development Code (starts on page 297) - http://www.olatheks. org/files/Developmen t/Final%20UDO%206- 17-14_0.pdf Santa Rosa, CA Yes, Minor Conditional Use and Conditional Use Santa Rosa has two separate permits for conditional uses depending on the level of scrutiny required for review. Minor Conditional Use Permits are reviewed and approved by a zoning administrator. Public notice is required for Minor Conditional Use Permits but a public hearing is held only if the public requests a hearing before the review date posted on the public notice. Conditional Use Permits require a public hearing in front of the Planning Commission. After the public hearing the Planning Commission renders a decision regarding the Conditional Use Permit application. Section 20-52.050 of the Santa Rosa City Code - http://www.qcode.us/ codes/santarosa/view. php?topic=20-5- 20_52- 20_52_050&frames=o n Cedar Rapids, IA Yes, Conditional Use Uses allowed by Special Use Permit are outlined in Cedar Rapids’ permitted uses table. Requests for a Special Use Permit are first reviewed by city staff. Staff writes a report with their findings and submits it to the Planning Commission. The Planning Commission then reviews the report from city staff and develops a recommendation. The Board of Adjustment then renders a decision after holding a public hearing based on the report from city staff, the recommendations from the Planning Commission and the public hearing. Section 32.02.030(D) of the Cedar Rapids Code of Ordinances - https://library.munico de.com/HTML/16256/ level2/CH32ZO_S32.0 2REAPPR.html#CH32Z O_S32.02REAPPR_32. 02.030SPPR#TOPTITLE Denton, TX Yes, Specific Use Permit 8 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Santa Barbara, CA Yes, Conditional Use Permit and Performance Standard Permit Santa Barbara has two different review processes for allowable uses that require heightened scrutiny. The uses allowed by the Conditional Use Permit process are outlined in the zoning ordinance separately from the use table in Section 28.94.030. Many of the uses outlined have specific requirements in order for a Conditional Use Permit to be granted. Conditional Use Permits require a public hearing in front of the staff hearing officer or the Planning Commission. Either the staff hearing officer or the Planning Commission then renders a decision. Performance Standard Permits are required for uses that are generally compatible within a zone district but have unique features that require heightened review. The uses that require Performance Standard Permits are outlined in Section 28.93.030. Many of the uses outlined have specific requirements in order for a Performance Standards Permit to be issued. Performance Standard Permits are approved administratively by the Community Development Director. Section 28.94 of the Santa Barbara Zoning Ordinance (starts on page 555) - http://www.santabarb araca.gov/civicax/fileb ank/blobdload.aspx?Bl obID=12171 Anaheim, CA Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Anaheim’s use tables. Conditional Use Permits are first reviewed by city staff who writes a report on their findings for the Planning Commission. The Planning Commission then holds a public hearing and renders a decision. Section 18.66 of the Anaheim Municipal Code - http://www.amlegal.c om/nxt/gateway.dll/C alifornia/anaheim/titl e18zoning?f=template s$fn=default.htm$3.0 $vid=amlegal:anaheim _ca$anc= 2.1 Packet Pg. 31 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted 9 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Bellevue, WA Yes, Conditional Use Permit and Administrative Conditional Use Permit Bellevue has two types of Conditional Use Permits that differ in the level of review. Conditional Use Permits are first reviewed by city staff. City staff then provides a report to the Hearing Examiner who holds a public hearing about the project. The Hearing Examiner then renders a decision based on the staff report and outcome of the public hearing. Administrative Conditional Use Permits are approved by the Director of Planning and have no public hearing requirement. Administrative Conditional Use Permits do require the planning department to inform the public of the application and have a 14-day comment period. The Director of Planning may not issue a decision before the comment period is over. The Director of Planning may also require an applicant to hold a public hearing if the project will have a large impact on the community. Sections 20.30B and 20.30E of the Bellevue Land Use Code - http://www.codepubli shing.com/wa/bellevu e/?BellevueLUC2030B. html#20.30B.110 Athens, GA Yes, Special Use Permit Uses allowed by Special Use Permits are outlined in Athens’ use tables. Special Use Permits are first reviewed by staff. Then a public hearing is held with the Planning Commission. The Planning Commission then develops a recommendation and submits this to the Athens-Clarke County Mayor and Commission. The Athens- Clarke County Mayor and Commission then renders a decision. All Special Use Permits are passed as an ordinance by the Athens-Clarke County Mayor and Commission. Section 9-20 of the Athens-Clarke County Code of Ordinances - https://library.munico de.com/HTML/12400/ level4/PTIIICOOR_TIT9 ZODEST_ARTIZO_CH9- 20SPUS.html#PTIIICO OR_TIT9ZODEST_ARTI ZO_CH9-20SPUS_S9- 20-1SPUSPEGE Irving, TX Yes, Conditional Uses Irving allows certain types of conditional uses in zone districts where they aren’t allowed by right. Irving has a list of 16 uses that can be located in zoning districts where they aren’t allowed by right. The Planning and Zoning Commission first receives the application and develops a recommendation for the Zoning Board of Adjustment. The Zoning Board of Adjustment then holds a public hearing and renders a decision. Section IV of Zoning Ordinance No. 209 - https://library.munico 10 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Norman, OK Yes, Special Use Permit Uses allowed by Special Use Permit are listed in each zone district’s section within the Norman Zoning Ordinance. Special Use Permits are reviewed by the Planning Commission. The Planning Commission also holds a public hearing and collects comments from the public and generates recommendations for City Council. City Council then renders a decision. Section 434.1 of the Norman Zoning Ordinance (starts on page 177) - http://www.normano k.gov/sites/default/fil es/WebFM/Norman/P lanning%20and%20De velopment/Planning% 20and%20Zoning/5- 22- 14%20Complete%20Z oning%20Ordinance.p df Lincoln, NE Yes, Conditional Use and Special Permits Lincoln has two processes for uses that require heightened review. The Special Permit process requires a public hearing in front of the Planning Commission. The Planning Commission is also the decision making entity for Special Permits. The Conditional Use process requires that the proposed use meets certain criteria before being approved. The approvals for a Conditional Use Permit are handled administratively. Sections 27.62 and 27.63 - http://lincoln.ne.gov/c ity/attorn/lmc/ti27/ch 2762.pdf and http://lincoln.ne.gov/c ity/attorn/lmc/ti27/ch 2763.pdf Richardson, TX Yes, Special Permits Special Permits can be granted to all uses outlined in Article XXII-A of the Richardson Comprehensive Zoning Ordinance. A Special Permit can also be granted to a use that isn’t listed so long as it doesn’t violate city, county, state or federal laws. Special Permits are first reviewed by the City Plan Commission. The City Plan Commission then develops a recommendation for City Council. If the recommendation is not to deny the application, City Council puts the application on its agenda and renders a decision. If the City Plan Commission recommends denial, the applicant must request that the application be placed on City Council’s agenda within 10 days after the City Plan Commission’s recommendation. Article XXII-A of the Richardson Comprehensive Zoning Ordinance - https://www.cor.net/ modules/showdocum 11 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Coral Springs, FL Yes, Conditional Use Uses allowed by Conditional Use Permits are listed in each zone district’s section with the Coral Springs Land Development Code. Conditional Use Permits are first reviewed by staff. Then a public hearing is held with the Planning and Zoning Board. The Planning and Zoning Board then develops a recommendation and submits this to the City Commission. The City Commission then renders a decision. Section 250153 of the Coral Springs Land Development Code - https://library.munico de.com/HTML/12612/ level2/CH25ZOOR_AR TIINGE.html#CH25ZO OR_ARTIINGE_S25015 3PRRECOUS Ann Arbor, MI Yes, Special Exception Use Uses allowed by Special Exception Use are listed in each zone district’s section within the Ann Arbor Code of Ordinances. Applications for a Special Exception Use are filed with the planning department. The application is then forwarded to the City Planning Commission for a public hearing. The City Planning Commission then reviews the application, holds a public meeting and renders a decision. Section 5:104 of the Ann Arbor Code of Ordinances - https://library.munico de.com/HTML/11782/ level3/TITVZOPL_CH5 5ZO_ARTXSPEX.html# TITVZOPL_CH55ZO_A RTXSPEX_5_104SPEX Charlottesville, VA Yes, Provisional Use Permit and Special Use Permit Charlottesville has two different review processes for uses that require heightened review. The Special Use Permit process starts with an application being filed with Neighborhood Development Services. Neighborhood Development Services then generates a report with its recommendations that are forwarded along to the Planning Commission and City Council. The Planning Commission then holds a public hearing and makes its recommendations to City Council. City Council then renders a decision. The Provisional Use Permit is handled administratively by a zoning administrator. The zoning administrator reviews the application and then renders a decision. Sections 34-156 and 34-181 of the Charlottesville Code of Ordinances - https://library.munico de.com/HTML/12078/ level3/CO_CH34ZO_A RTIAD.html#TOPTITLE 12 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Asheville, NC Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in section 7-16-2 of the Asheville Code of Ordinances. The Conditional Use Permit process starts with a review by planning and development staff. City staff’s review is then forwarded along to the Technical Review Committee for review. The Technical Review Committee generates a recommendation and sends this the Asheville Planning and Zoning Commission. The Asheville Planning and Zoning Commission then holds a public hearing and generates a recommendation for City Council. City Council then renders a decision. Section 7-5-5 of the Asheville Code of Ordinances - https://library.munico de.com/HTML/12499/ level3/PTIICOOR_CH7 DE_ARTVDEREPR.html #PTIICOOR_CH7DE_A RTVDEREPR_S7-5- 5COUSAP Palo Alto, CA Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in Palo Alto’s use tables. Conditional Use Permits are approved administratively by city staff. Section 18.77.060 of the Palo Alto Municipal Code - http://www.amlegal.c om/nxt/gateway.dll/C alifornia/paloalto_ca/t itle18zoning*/chapter 1877processingofper mitsandapprova?f=te mplates$fn=default.ht m$3.0$vid=amlegal:pa loalto_ca$anc=JD_18. 77.060 Portland, ME Yes, Conditional Use Permit Uses allowed by Conditional Use Permit are outlined in the regulations for each individual zone district. Conditional Use Permits are processed by the Board of Appeals. Upon receiving a Conditional Use Permit application, the Board of Appeals schedules a public hearing to receive input on the application. After the public hearing, the Board of Appeals renders a decision. Section 14-474 of City of Portland Code of Ordinances (starts on page 665) - http://www.portland maine.gov/Document Center/Home/View/1 080 2.1 13 City Name Conditional Use Permit or Equivalent? Summary of code Link to code/more details Burbank, CA Yes, Conditional Use Permit and Administrative Use Permit Burbank has two separate review processes for uses that require heightened review. The Conditional Use Permit process starts with the city planner writing a report for the Planning Board and scheduling a public hearing in front of the Planning Board. The Planning Board then develops recommendations for City Council based on the report from city staff and the public hearing. City Council then renders a decision. An Administrative Use Permit is granted by Community Development Director and all review is handled by city staff. The Director’s decision regarding an Administrative Use Permit is then sent out to all property owners within 1000 feet of the site and can be appealed. Sections 10-1-1934 and 10-1-1954 of Burbank Municipal Code (starts on page 304) - http://www.burbankc a.gov/home/showdoc ument?id=26325 2.1 Packet Pg. 36 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted 1 Addition of Permitted Use Review Procedures Laurie Kadrich ATTACHMENT 2 2.2 Packet Pg. 37 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) Purpose Obtain feedback from City Council on review procedures for Addition of Permitted Use (APU) applications. 2 2.2 Packet Pg. 38 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) General Direction Sought What are the appropriate City Council review procedures when evaluating Addition of Permitted Use applications? 3 2.2 Packet Pg. 39 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) Three Procedural Options Option A: Applicant Rebuttal + Consistent with today’s practices; simple; provides applicant response - Fewer opportunities for rebuttal compared to Option C 4 2.2 Packet Pg. 40 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) Three Procedural Options Option B: No Rebuttal + Simple; Allows Council to question applicant about opponents’ concerns - No ability for applicant to provide a response or opponents to offer a rebuttal to applicant response 5 2.2 Packet Pg. 41 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) Option C: Rebuttal and Subrebuttal + Equal Time for applicants’/opponents’ rebuttal - Adds complexity; may lengthen hearings 6 2.2 Packet Pg. 42 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) General Direction Sought What are the appropriate City Council review procedures when evaluating Addition of Permitted Use applications? 7 2.2 Packet Pg. 43 Attachment: Powerpoint presentation (3624 : Addition of Permitted Use (APU) review procedures) Packet Pg. 35 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted and https://library.munico de.com/HTML/12078/ level4/CO_CH34ZO_A RTIAD_DIV9PRUSPE.ht ml#TOPTITLE 2.1 Packet Pg. 34 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted ent.aspx?documentid =318 2.1 Packet Pg. 33 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted de.com/HTML/14638/ level1/PTIIIZOORNO20 9.html#PTIIIZOORNO2 09_SIVCOUS 2.1 Packet Pg. 32 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted Uses allowed by Specific Use Permit are outlined in Denton’s use table. Specific Use Permits are subject to a public hearing in front of the Planning and Zoning Commission. The Planning and Zoning Commission then passes its recommendations along to City Council and City Council renders a decision. City Council passes all Specific Use Permits as ordinances. Section 35-106 of the Denton Code of Ordinances - https://library.munico de.com/HTML/10644/ level4/SPBLADECO_C H35ZO_ARTIIIARHEUS RE_DIV4SPUSPE.html# TOPTITLE 2.1 Packet Pg. 30 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted the Boise Development Code (starts on page 43) - http://cityclerk.cityofb oise.org/media/26280 6/11.pdf 2.1 Packet Pg. 29 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted entId=10819 2.1 Packet Pg. 28 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted holds a public hearing for the Special Exception Review and renders a decision. Section 12.4.9 of the Denver Zoning Code (starts on page 12.4- 25) - http://www.denvergo v.org/Portals/646/doc uments/Zoning/DZC/A rt12_Procedures_DZC _040714.pdf 2.1 Packet Pg. 27 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted Development Code (starts on page 3-50) - http://static.arvada.or g/docs/Article_3_- _Development_Revie w-1- 201308081225.pdf 2.1 Packet Pg. 26 Attachment: Existing Land Use Code and Overview of Peer Cities' Codes (3624 : Addition of Permitted ATTACHMENT 1 1.1 Packet Pg. 5 Attachment: Timing Scenarios (3622 : BOB 2.0 Timing of Projects) 14.4 Packet Pg. 216 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) • ^ƚƌĞĂŵůŝŶĞĚƉƌŽĐĞƐƐŝŵƉƌŽǀĞƐŽƉĞƌĂƚŝŽŶĂůĐĂƉĂĐŝƚLJ • /ŵƉƌŽǀŝŶŐŚŽƵƐŝŶŐƋƵĂůŝƚLJĂŶĚƌĞĚƵĐŝŶŐƵƚŝůŝƚLJĐŽƐƚƐ 14.4 Packet Pg. 215 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) Packet Pg. 214 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) • >ĞƐƐƉƌŽĚƵĐƚŝŽŶŽĨĐŽŶƐƚƌƵĐƚŝŽŶĚĞďƌŝƐĨƌŽŵŵĂŶƵĨĂĐƚƵƌĞŽĨŶĞǁ ďƵŝůĚŝŶŐƐŝĨĞdžŝƐƚŝŶŐďƵŝůĚŝŶŐƐƚŽĐŬĐĂŶďĞƵƚŝůŝnjĞĚŵŽƌĞĞĨĨŝĐŝĞŶƚůLJ • >ĞƐƐĂŝƌĞŵŝƐƐŝŽŶƐŽĨƉĂƌƚŝĐƵůĂƚĞƐ͕ŚĂnjĂƌĚŽƵƐĂŝƌƉŽůůƵƚĂŶƚƐ͕ĂŶĚ','Ɛ ĂƐƐŽĐŝĂƚĞĚǁŝƚŚŶĞǁĐŽŶƐƚƌƵĐƚŝŽŶ 14.4 Packet Pg. 213 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in Analysis/Discussion • >ĞƐƐĐŽŵŵƵƚŝŶŐƉƌŽĚƵĐĞƐůĞƐƐ'ƌĞĞŶŚŽƵƐĞ'ĂƐĞŵŝƐƐŝŽŶ;','ͿĂŶĚ ƉŽůůƵƚŝŽŶ • dŽƚŚĞĞdžƚĞŶƚƚŚĂƚŶĞǁĐŽŶƐƚƌƵĐƚŝŽŶŝƐŶĞĐĞƐƐĂƌLJƚŽĂĐĐŽŵŵŽĚĂƚĞ ŐƌŽǁƚŚǁŚŝĐŚĚŽĞƐĐƌĞĂƚĞ','͕ŝƚLJƐƚĂŶĚĂƌĚƐĐƌĞĂƚĞĞĨĨŝĐŝĞŶƚĂŶĚ ƐƵƐƚĂŝŶĂďůĞďƵŝůĚŝŶŐƐƚŽŵŝƚŝŐĂƚĞƚŚĞŝŵƉĂĐƚ 14.4 Packet Pg. 212 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) • tĞďƐŝƚĞĐŽŵŵĞŶƚĨŽƌŵ Social Equity Summary tŽƌŬŝŶŐŝŶƚŚĞƐĂŵĞƉůĂĐĞĂƐLJŽƵůŝǀĞŝŶĐƌĞĂƐĞƐŽƉƉŽƌƚƵŶŝƚŝĞƐĨŽƌĐŽŵŵƵŶŝƚLJĐŽŶŶĞĐƚŝŽŶĂŶĚĞŶŐĂŐĞŵĞŶƚ͕ŝƐŵŽƌĞĞĨĨŝĐŝĞŶƚ͕ůĞƐƐĞdžƉĞŶƐŝǀĞĂŶĚƐƚƌĞƐƐĨƵů͕ůĞƐƐ ƚŝŵĞĐŽŶƐƵŵŝŶŐĂŶĚĨƌĞĞƐƵƉƚƌĂŶƐŝƚĨƵŶĚƐĨŽƌŽƚŚĞƌŚŽƵƐĞŚŽůĚŶĞĞĚƐ͘ Key issues: Stabilizing housing, stabilizes lives 14.4 Packet Pg. 211 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) Packet Pg. 210 Attachment: Sustainability Assessment Summary and Tool (3570 : 2015-2019 Affordable Housing Strategic Plan) • Are apprenticeships, volunteer or intern opportunities N/A 13.1 Packet Pg. 159 Attachment: Sustainability Assessment Summary and Tool (3543 : Cell Tower Lease at City Park) expected y 10.2 Packet Pg. 134 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) /ŶĨƌĂƐƚƌƵĐƚƵƌĞŝŵƉƌŽǀĞŵĞŶƚƐǁŝůůĚŝƌĞĐƚůLJŝŵƉƌŽǀĞĂĐĐĞƐƐƚŽůŽĐĂůĞŵƉůŽLJĞƌƐ ĂŶĚďƵƐŝŶĞƐƐĞƐ͘ dŚĞƌĞǁŝůůďĞƚĞŵƉŽƌĂƌLJŶĞŐĂƚŝǀĞŝŵƉĂĐƚƐƚŽůŽĐĂůďƵƐŝŶĞƐƐĂĐĐĞƐƐĚƵƌŝŶŐ ĐŽŶƐƚƌƵĐƚŝŽŶ͘ 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? /ƚŝƐůŝŬĞůLJƚŚĂƚƚŚĞƌĞǁŝůůďĞƚĞŵƉŽƌĂƌLJǁŽƌŬĨŽƌůŽĐĂůĐŽŶƐƚƌƵĐƚŝŽŶĐŽŶƚƌĂĐƚŽƌƐ ĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ͘ 3. Diversified and Innovative Economy • How does this proposal support innovative or ^ĞǀĞƌĂůƐŵĂůůĂŶĚͬŽƌƐƚĂƌƚͲƵƉďƵƐŝŶĞƐƐĞƐǁŝůůďĞůŽĐĂƚĞĚŝŶƚŚĞǀŝĐŝŶŝƚLJŽĨƚŚŝƐ ƉƌŽũĞĐƚ͘WƌŽũĞĐƚŝŵƉƌŽǀĞŵĞŶƚƐǁŝůůŚĂǀĞĚŝƌĞĐƚƉŽƐŝƚŝǀĞŝŵƉĂĐƚƐĨŽƌƚŚĞƐĞ 10.2 Packet Pg. 133 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) ĨƌŽŵĂůĂŶĚĨŝůů͘ 10.2 Packet Pg. 131 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) of expertise, or may be significantly affected by this proposal? 1. Environmental Impact Analysis/Discussion 10.2 Packet Pg. 130 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) cooperation between the City organization and community members? dŚĞƉƌŽũĞĐƚƚĞĂŵǁŝůůĞŶŐĂŐĞŝŶƉƌŽƉĞƌƚLJŽǁŶĞƌŽƵƚƌĞĂĐŚƚŚƌŽƵŐŚĚŝƌĞĐƚ ĐŽŶƚĂĐƚ͕ŽƉĞŶŚŽƵƐĞƐ͕ĂŶĚŽƚŚĞƌŽƵƚƌĞĂĐŚĂĐƚŝǀŝƚŝĞƐ͘ ŽŽƉĞƌĂƚŝŽŶďĞƚǁĞĞŶǀĂƌŝŽƵƐŝƚLJĚĞƉĂƌƚŵĞŶƚƐ; ŶŐŝŶĞĞƌŝŶŐ͕EĂƚƵƌĂůƌĞĂƐ͕ WĂƌŬƐ͕hƚŝůŝƚŝĞƐ͕ĞƚĐ͘ͿŚĂƐĂŶĚǁŝůůďĞĂŬĞLJĞůĞŵĞŶƚŝŶƚŚĞĚĞǀĞůŽƉŵĞŶƚĂŶĚ ĞdžĞĐƵƚŝŽŶŽĨƚŚŝƐƉƌŽũĞĐƚ͘ Social Equity Summary 10.2 Packet Pg. 129 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection) dŚŝƐƉƌŽũĞĐƚǁŝůůƉƌŽǀŝĚĞĂƐŚŽƌƚĞƌĐƌŽƐƐŝŶŐĚŝƐƚĂŶĐĞĨŽƌƉĞĚĞƐƚƌŝĂŶƐƚŚĂŶ 10.2 Packet Pg. 128 Attachment: Sustainability Assessment Summary and Tool (3572 : Timberline and Prospect Intersection)