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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/07/2016 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting June 7, 2016 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring June 2016 as Adopt-a-Shelter-Cat Month. B. Proclamation Declaring June 15, 2016 as the Rio Grande Mexican Restaurants, Inc. 30th Anniversary. C. Proclamation Declaring June as Healthy Homes Month. D. Proclamation Declaring June as Bike Month. E. Proclamation Declaring June 7, 2016 as Healthcare Decisions Day. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL City of Fort Collins Page 2  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. 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 beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep 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. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the May 3 and May 17, 2016 Regular Council Meetings, the May 10, 2016 Special Council Meeting and the May 24, 2016 Adjourned Council Meeting. The purpose of this item is to approve minutes from the May 3 and May 17, 2016 Regular Council meetings, the May 10, 2016 Special Council meeting and the May 24, 2016 Adjourned Council meeting. 2. Second Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming not Included in the 2016 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on May 17, 2016, appropriates $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Areas Department programs to benefit the citizens of Fort Collins. 3. Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP). A. Second Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. These Ordinances, unanimously adopted on First Reading on May, 17, 2016, approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. 4. Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. A. Second Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. Second Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. These Ordinances, unanimously adopted on First Reading on May 17, 2016, update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have formal procedures in place in order to assume ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but needs updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee City of Fort Collins Page 4 reviewed these changes as found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. 5. Second Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. This Ordinance, unanimously adopted on First Reading on May 17, 2016, clarifies and consolidates policy and construction standards applicable to development of the City’s electric network. 6. Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. A. Second Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. Second Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. These Ordinances, unanimously adopted on First Reading on May 17, 2016, amend the Amended and Restated Intergovernmental Agreement (IGA) for the joint operation of the Northern Colorado Regional Airport. Ordinance No. 067, 2016, ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003. Ordinance No.068, 2016, amends the City Code to address the impact the First Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. 7. Second Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. This Ordinance unanimously adopted on First Reading on May 17, 2016 annexes 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. A related item to zone the annexed property is presented as the next item on the agenda. 8. Second Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on May 17, 2016, zones the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. City of Fort Collins Page 5 9. Second Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This Ordinance, adopted unanimously on First Reading on May 17, 2016, annexes a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive, west of the Interstate 25 frontage road and is approximately 1,000 feet in length. 10. Second Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on May 17, 2016, zones the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). 11. First Reading of Ordinance No. 075, 2016, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the Safe Routes to School Program. The purpose of this item is appropriate unbudgeted funds received through a grant for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $12,960 grant for implementation of new bicycling and walking camps, clubs and field trips at Fort Collins schools. This project requires a 20% local match ($3,240), which will be covered by the SRTS program operating budget. 12. First Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access Easement on Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the Vacation of an Existing Access Easement. The purpose of this item is to authorize conveyance of an access easement to Jerry and Darla Roselle (“Roselles”) in exchange for an easement from the Roselles, with the consent of the North Poudre Irrigation Company, across the Fossil Creek Inlet Ditch Road on Topminnow Natural Area and the Roselles' property. Both properties are bounded by the Fossil Creek Inlet Ditch. The Natural Areas Department is in the process of acquiring 5-plus acres of land from the Roselles to add to Topminnow Natural Area. The Roselles intend to retain a small parcel of land east of the Ditch necessitating the need for an access easement. The best physical access is across the Fossil Creek Inlet Ditch Road, which is maintained by North Poudre Irrigation Company within easements it owns on the City and Roselle properties. The parties have proposed to enter into a reciprocal access easement which will formalize the access rights and obligations for each party on the ditch road. The Roselles have also agreed to vacate an existing access easement on the east side of the natural area. 13. Resolution 2016-046 Finding Substantial Compliance and Initiating Annexation Proceedings for the Majestic Place Annexation. The purpose of this item is initiate annexation proceedings for the Majestic Place property. The applicant, Suburban Land Reserve Inc. c/o Mr.Kenneth Merritt, has submitted a written petition requesting annexation of 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The requested zoning for this annexation is Urban Estate, U-E. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. City of Fort Collins Page 6 14. Resolution 2016-047 Appointing Nancy Luttropp to the Senior Advisory Board. The purpose of this item is to appoint Nancy Luttropp to the Senior Advisory Board to fill a board vacancy created through the resignation of Lawrence Bontempo. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Special Events. (staff: Jan Sawyer, Mark Jackson) B. 2016 Fireworks Outreach and Enforcement. (staff: Mike Trombley, Doug Lee)  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. 15. Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. (staff: Wanda Winkelmann, Rita Knoll, Marcus Bodig, Carrie Daggett; 10 minute staff presentation; 30 minute discussion) This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. City of Fort Collins Page 7 16. Second Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. (staff: Dean Klingner; no staff presentation; 5 minute discussion) Staff requests postponement of Second Reading of Ordinance No. 073, 2016, to July 5, 2016, to allow staff time to review a suggested amendment to the design approved on First Reading. This Ordinance obtains authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. The Ordinance was adopted on First Reading on May 17, 2016 by a vote of 5-2 (Nays: Overbeck, Cunniff). 17. Second Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. (staff: Cameron Gloss; 10 minute staff presentation; 45 minute discussion) This Ordinance, unanimously adopted on First Reading on May 17, 2016, amends the Planning and Zoning Board decision regarding the Gardens on Spring Creek Master Plan Amendment. The final Council-adopted modification regarding Council review and possible revision to the limit on the number of events at the new facilities has been revised to clarify that Council approval of such an increase, if any, would be by resolution. Staff is also proposing alternative sound wall configurations for Council consideration. 18. Consideration of a motion to waive the City Council's attorney-client privilege for the public disclosure of the May 6, 2016, confidential memorandum from the Boulder City Attorney's Office reporting the results of its investigation concerning the Greeley Municipal Court Judge presiding over a Fort Collins Municipal Court case under an intergovernmental agreement between the Cities of Fort Collins and Greeley that provided for the exchange of judicial services in conflict-of-interest circumstances. (staff: Jeff Mihelich, John Duval; 2 minute staff presentation; 5 minute discussion)  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  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. PROCLAMATION WHEREAS, shelter cats hold a special place in the hearts of all animal lovers and need loving owners and safe, happy homes; and WHEREAS, approximately 6 to 8 million cats and dogs enter animal shelters nationwide every year, and approximately 70 percent of cats are euthanized, according to the Humane Society of the United States; and WHEREAS, each spring during “kitten season,” thousands of newborn kittens join the millions of cats already in shelters across the country, including at the Fort Collins Cat Rescue & Spay/Neuter Clinic; and WHEREAS, the Fort Collins Cat Rescue & Spay/Neuter Clinic is celebrating its 10 th year in operation as of June 1, 2016, and has adopted out over 10,000 cats and kittens since inception; and WHEREAS, the Fort Collins Cat Rescue & Spay/Neuter Clinic staff adopt out over 2,000 cats and kittens each year and are ready to help you adopt your very first cat, or to bring home a friend for another beloved cat; and WHEREAS, the Fort Collins Cat Rescue & Spay/Neuter Clinic has more than 400 volunteers and 150 foster parents participating in multiple volunteer programs to help companion animals; and WHEREAS, June is nationally recognized as Adopt-a-Shelter-Cat Month to promote the adoption of homeless cats and raise awareness of the benefits of feline companionship. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of June as ADOPT-A-SHELTER-CAT MONTH in Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, Rio Grande Mexican Restaurants is one of Colorado’s most iconic restaurant brands founded in Fort Collins on June 15, 1986, and has been the location for legendary fun in Fort Collins for over three decades; and WHEREAS, the Rio started at 150 North College Ave in 1986 with 19 tables, bringing Tex-Mex to Fort Collins and introducing the legendary Rio Marg to a bunch of thirsty Northern Coloradoans. In 1991 the Rio moved to 143 West Mountain Ave and continues to occupy one of the most historic buildings in Old Town with one of the city’s finest patios; and WHEREAS, the Rio has always had “Love Thy Community” has one of its core values and regularly donates food to dozens of organizations throughout the community. For many years the Rio has donated the use of the Agave Room above the restaurant to Global Visionaries, the Boys and Girls Club, United Way of Larimer County, DBA, Chamber of Commerce, Hopeful Hearts, Bike Fort Collins. For 18 years, the Rio has donated the Agave room to Alcoholics Anonymous making this venue the longest standing AA meeting in Fort Collins; and WHEREAS, June 18, 2016 the Rio will celebrate its 30 th Anniversary with a block party in front of the Fort Collins location from Mason Street to North College Avenue; and WHEREAS, The Rio Grande continues to bring happiness to all who visit its esteemed restaurant where the Rio mission lives on: “We provide sanctuary from the problems of the world, while serving the best dang margarita and Mexican food this side of the Rio Grande”. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim June 15, 2016 as THE RIO GRANDE MEXICAN RESTAURANTS INC. 30TH ANNIVERSARY to recognize the contributions and service that the Rio Grande Mexican Restaurant of Fort Collins bring to this community. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, home health and safety hazards, including physical safety hazards, lead- based paint, radon, mold, pests, and allergens cause or contribute to a wide range of illnesses and diseases, including lead poisoning, asthma, cancer, and injuries; and WHEREAS, one in four families in Fort Collins report they have a family member with a respiratory problem; and WHEREAS, lead poisoning affects thousands children under six; and WHEREAS, accidents in the home hurt many residents every year; and WHEREAS, many Fort Collins children are harmed every day from chemicals stored and used improperly in the home; and WHEREAS, numerous people die from carbon monoxide poisoning every year; and WHEREAS, many families and households are unaware that their homes can have serious health hazards; and WHEREAS, education and awareness about the dangers of unhealthy or unsafe housing can save lives. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby declare June 2016 to be HEALTHY HOMES MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the month of June through educational programs, commuting events, races, groups rides, or just getting out and going for a ride; and WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all citizens by fostering physical and mental health, improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources; and WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating the development of bicycle facilities; and WHEREAS, our City maintains nearly 280 miles of bikeway network which attract thousands of bicyclists each year; and WHEREAS, Fort Collins is nationally recognized as one of only five Platinum Level Bicycle Friendly Communities, as designated by the League of American Bicyclists, reflecting the City’s commitment to making Fort Collins a vibrant, multi-modal destination; and WHEREAS, the FC Bikes Program, the League of American Bicyclists, the Bicycle Ambassador Program, Safe Route to School, and other local businesses and organizations will be promoting bicycling as a viable means of transportation during the month of June 2016. NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim the month of June 2016 as BIKE MONTH in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation and to participate in the many events planned for the summer months, particularly, the 29th annual Bike to Work Day on June 22. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, National Healthcare Decisions Day (NHDD) is an initiative designed to encourage patients to express their wishes regarding healthcare and for providers and facilities to respect those wishes, whatever they may be; and WHEREAS, NHDD helps people understand that advance healthcare decision-making includes much more than living wills; it is a process that should focus first on conversation and choosing an agent; and WHEREAS, the Conversation Project and Sharing the Care Campaign of Larimer County is intended to educate the general public on designating a Medical Durable Power of Attorney, filling out their Advanced Directives and having a “conversation” with their family members about their wishes when they are unable to speak for themselves; and WHEREAS, completing these items significantly increases quality of life, decreases trauma and ensures an individual’s wishes are followed with dignity in our ever-changing and challenging healthcare system; and WHEREAS, it “always seems too early, until it’s too late.” NOW, THEREFORE, I, Gerry Horak, Mayor Pro Tem of the City of Fort Collins, do hereby proclaim June 7, 2016 as HEALTH CARE DECISIONS DAY in the city of Fort Collins and urge all citizens, regardless of age or health, to learn more about advanced directives, medical durable power of attorney and be inspired to have a conversation with their loved ones to make a difference in ALL of your lives. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _________________________________ City Clerk Packet Pg. 12 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 3 and May 17, 2016 Regular Council Meetings, the May 10, 2016 Special Council Meeting and the May 24, 2016 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve minutes from the May 3 and May 17, 2016 Regular Council meetings, the May 10, 2016 Special Council meeting and the May 24, 2016 Adjourned Council meeting. ATTACHMENTS 1. May 3, 2016 (PDF) 2. May 10, 2016 (PDF) 3. May 17, 2016 (PDF) 4. May 24, 2016 (PDF) 1 Packet Pg. 13 City of Fort Collins Page 443 May 3, 2016 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 moved Item No. 6, First Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center, to Discussion  CITIZEN PARTICIPATION Anne Cleary discussed the eminent domain proceedings at Prospect and College and opposed the process used by the City regarding learning her house will be impacted. Chelsey Mandell, Homeless Gear, commended those who played a role in providing safe shelter for homeless citizens during the recent storm. Carol Seager expressed concern regarding the possible use of eminent domain at the Prospect and College intersection stating alternative plans have not been examined. Lynn Thompson, Fort Collins Homeless Coalition, commended the expansion of shelter space for women this summer but expressed concern regarding the lack of beds for men. She encouraged transparency and clarity by codifying the City's commitment to stop issuing camping tickets. Dr. Jessica Whit discussed bicycle commuting in town and expressed concern regarding the Prospect and College intersection and roadway design. Kelly Connor discussed the Everyone Matters Day proclamation stating it was not inclusive of all citizens. Carol Miller discussed her concerns regarding the Prospect and College intersection and requested the inclusion of context-sensitive solutions. Carole Hossan announced National Historic Preservation Month and opposed Council's decision to allow Woodward to deconstruct two silos on its property. C.W. Miller discussed the Prospect and College intersection suggesting a more thorough examination of alternatives should occur. Harry Rose discussed the April 19th hearing regarding the Woodward silos. 1.1 Packet Pg. 14 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 444 Deborah (no last name given) opposed the City's monitoring of electricity use every 15 minutes and opposed the amount of the charge for manual meter reading. Esther Aguila discussed the need for additional services for homeless residents and opposed ticketing for camping. John Mark applauded those who have opened up warming centers for homeless individuals and stated homelessness needs to be rethought.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck noted there is an ongoing conversation with property owners at Prospect and College. Jeff Mihelich stated staff has met with Remington homeowners. Councilmember Martinez requested input regarding the fees for manual meter reading. City Manager Atteberry replied Kevin Gertig, Utilities General Manager, will provide more information in written format. Councilmember Cunniff asked about plans for the Prospect and College intersection. Laurie Kadrich, Planning, Development and Transportation Director, replied a conceptual plan was done for the intersection and partial engineered drawings for the City’s improvements and other alternatives have been created. Councilmember Cunniff asked if a broader plan context to the east of the intersection has been developed. Kadrich replied conceptual plans for east of the intersection, based on a few alternatives, have been developed. Councilmember Cunniff asked about staff’s plan for neighborhood outreach. Kadrich replied staff typically works with the affected property owners directly. Councilmember Cunniff noted a July 12 work session regarding homelessness issues is scheduled. City Manager Atteberry noted Council provided direction at a work session to move forward with the Prospect and College intersection design. An alternative concept will also be presented. Councilmember Overbeck commented on the treescape at the Prospect and College intersection. Councilmember Stephens recognized individuals and organizations who have come together to provide shelter for homeless individuals. Mayor Troxell thanked the citizens who spoke and commended the work of staff and the faith- based community for providing shelter during a recent storm. 1.1 Packet Pg. 15 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 445  CONSENT CALENDAR Eric Sutherland withdrew Item No. 9, First Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the April 5, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the April 5, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 049, 2016, Appropriating Prior Year Reserves in the Recreation Fund for Remodeling the Lobby of the Edora Pool Ice Center and Authorizing the Transfer of Appropriated Amounts Between Projects for the Art in Public Places Program. (Adopted) This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates $410,820 in Recreation Reserve funds for the Edora Pool Ice Center (EPIC) Lobby Improvements. The funds will be used to remodel and relocate the front desk, repurpose the snack bar area, create a recessed trash and recycling area, install new lockers, and renovate the overall appearance of the lobby area. The lobby renovation is desired to take place during the aquatic renovation project occurring this summer from May 20-October 30, to minimize downtime at the EPIC and minimizing the negative impact on customer service. 3. Second Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail- College Avenue to Shields Street Project. (Adopted) This Ordinance, unanimously adopted on First Reading on April 19, 2016, appropriates grant funds for the construction of the Fossil Creek Trail from College Avenue to Shields Street. Great Outdoors Colorado (GOCO) has awarded the City a $1,000,000 trail grant. The proposed project completes a major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street. The layout of the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel underpass phase of the project has reached the final stage. Construction of the trail tunnel underpass will begin in 2016. Pursuant to the grant agreement the City has until June 2017 to complete the project. 4. Second Reading of Ordinance No. 052, 2016, Authorizing the Transfer of Previously Appropriated Funds in the Capital Project Fund from the Timberline Recycling Center Project to the Timberline Road – Drake Road to Prospect Road Improvement Project. (Adopted) This Ordinance, unanimously adopted on First Reading on April 19, 2016, transfers previously appropriated funds in the amount of $87,102 from the Timberline Recycling Center into the Capital Projects Fund for the Timberline Road-Drake Road to Prospect Road Improvement Project. This 1.1 Packet Pg. 16 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 446 funding constitutes the Local Street contribution, in aid of construction, for the Timberline Recycling Center on Timberline Road. The Timberline Road frontage improvements along the Timberline Recycling Center frontage will be constructed with this year’s Capital Improvement Project. 5. Second Reading of Ordinance No. 053, 2016, Vacating the East Ridge Plat. (Adopted) This Ordinance, unanimously adopted on First Reading on April 19, 2016, vacates various streets dedicated on the East Ridge plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets, alleys and a portion of Timberline Road in an area bounded by Timberline Road to the west and Vine Drive to the north. The property is proposed to be replatted as East Ridge Second Filing which was approved through an Administrative Hearing on January 27, 2016. 6. First Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. (Adopted) The purpose of this item is to appropriate unanticipated revenue in the General Fund and authorize the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 7. First Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer Project. (Adopted) The purpose of this item is to appropriate $44,615 in grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund city project management costs associated with conceptual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate street and structure flooding. 8. Items Relating to the Southeast Community Park. (Adopted) A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. The purpose of this item is to declare certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and to authorize the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to 1.1 Packet Pg. 17 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 447 install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. 9. Resolution 2016-039 Updating the Responsibilities of Council Liaisons to City Boards and Commissions and Superseding Resolution 2000-076. (Adopted) The purpose of this item is to review and define expectations of Councilmembers in their role of Council Liaisons to their assigned City boards and commissions.  STAFF REPORTS City Attorney Daggett provided an overview of the context of the Colorado Oil and Gas Association (COGA) case decided by the Colorado Supreme Court and discussed the key findings in the case which essentially state that Fort Collins has no role in regulating oil and gas in any way. The court found that both the Fort Collins moratorium and Longmont’s ban on fracking were preempted under state law and were in operational conflict with how the state law regulating oil and gas applied to oil and gas activities. Mayor Troxell asked if this decision will allow the single Fort Collins operator to commence operations. City Attorney Daggett replied the City has an existing operator agreement and it is not yet clear that either the adoption or the invalidation of the moratorium removes that arrangement from being in effect. Councilmember Cunniff requested analysis regarding the regulation of lines which are off the well pad sites but not yet on the distribution network. Councilmember Campana asked if the operator agreement was terminated during the time of the moratorium. Kadrich replied there were no changes to the operator agreement authorized by Council and Prospect Energy as a result of the moratorium. Police Chief John Hutto discussed events which led to the discovery of some body-worn camera videos not being given to the courts for various cases and detailed the steps that have been taken to ensure no further issues. The Police Department is committed to the technology and the policy changes will help avoid issues. Councilmember Stephens asked what circumstances trigger a camera to be turned on. Chief Hutto replied there are no automatic triggers; the cameras are turned on and off by the operator based on developed policies involving public interaction that may turn into an enforcement event. Deputy Chief Mike Trombley stated the cameras are used to ensure mutual accountability or because there may be an evidentiary reason. The cameras go back 30 seconds after being turned on by the officer. Councilmember Cunniff asked what type of audit or check is planned to ensure the policies have corrected these issues. Chief Hutto replied this is an ongoing opportunity for continuous improvement and additional audit steps have already been outlined. Deputy Chief Greg Yeager stated the entire property and evidence team, along with several officers, are working to do a very detailed audit looking at every open case with the District Attorney's office. 1.1 Packet Pg. 18 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 448 Councilmember Campana discussed the benefits of the body-worn camera program and expressed confidence the problems will be solved. Mayor Troxell commended the transparency of the presentation. Matt Robenault, Downtown Development Authority, reported on a trip to the Denver Salvation Army Homeless Services Facilities. He detailed various programs offered for citizens through the Salvation Army and stated the largest takeaway from the visit was that the job of the operators is to provide an environment of care and order in the facilities. Councilmember Stephens asked if the individuals who have gone through the transitional programs are tracked in any way regarding their success. Mr. Robenault replied those individuals are tracked and statistics regarding success are available. Councilmember Martinez discussed a specific success story from the visit and thanked the organizers. Councilmember Stephens requested additional information regarding the transitional programs and levels of success. Mr. Robenault commended Council’s diligence in its efforts to refine its role in the community relative to issues of homelessness. Councilmember Overbeck commended the role of the DDA in its service to the community. Councilmember Martinez commended the work of community members and companies in aiding homeless individuals.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on the failure of the petition drive to overturn the City’s “U+2” ordinance. Councilmember Campana reported on the City’s new pilot project for lane rentals wherein a contractor is charged for lane closures exceeding a pre-approved time limit. City Manager Atteberry commended the idea. Mayor Pro Tem Horak reported on the Boxelder Basin Regional Stormwater Authority meeting and his attendance at a graduate class in public health at Colorado State University. Councilmember Martinez reported on the Conrad Ball award presentation, the Putnam Elementary School Cinco de Mayo celebration, the Fairway Estate property owner association meeting regarding homeless issues, and the Frida Fashion Program. Mayor Troxell reported on the Northern Colorado Regional Airport Commission’s renaming of the airport to the Northern Colorado Regional Airport. He also reported on the Northern Colorado Economic Alliance meeting of regional mayors and the Villages on Plum service learning project ribbon cutting. 1.1 Packet Pg. 19 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 449 (Secretary’s Note: The Council took a brief recess at this point in the meeting.)  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 11. First Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. (Adopted on First Reading) The purpose of this item is to request an unanticipated 2016 appropriation in the amount of $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, we will use existing appropriations in 2016 to cover the 1% of the local match ($525) to APP. City Manager Atteberry stated Councilmember Martinez requested this item be pulled to the Discussion Agenda for a public explanation of the cost. Timothy Wilder, Transfort Service Development Manager, stated very few vendors are available for this product and the cost is higher primarily to ensure a design complimentary to the historic character of the building. Councilmember Martinez requested a picture of the facility. Wilder showed a picture of the existing South Transit Center secure bike shelter. Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 051, 2016, on First Reading. Mayor Troxell asked how access to the structure is controlled. Wilder replied both existing structures require users to subscribe to use the facilities annually and provide a deposit on a key card. RESULT: ORDINANCE NO. 051, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  DISCUSSION ITEMS 12. Second Reading of Ordinance No. 054, 2016, Appropriating Prior Year Reserves in the Street Oversizing Fund to be Transferred Into the Capital Projects Fund and Appropriated Therein for the Construction of the Sharp Point/Nancy Gray Connection Project. (Adopted on Second Reading) This Ordinance, adopted on First Reading on April 19, 2016, by a vote of 6-0 (Campana recused) appropriates $984,000 of prior year reserves in the Street Oversizing Fund and $116,000 from the 1.1 Packet Pg. 20 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 450 Street Oversizing Fund Contributions & Aid into the Capital Project Fund for the Sharp Point/Nancy Gray Connection Project. The currently adopted Master Street Plan identifies Sharp Point Drive connecting Midpoint Drive with Nancy Gray Avenue. This identified connection includes an at-grade crossing of the Great Western Railroad tracks. Right-of-way has previously been dedicated for the roadway connection. Due to recent development to the south as well as support from the Larimer County Sheriff’s Office (LCSO), staff has identified this connection as an immediate need. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 054, 2016, on Second Reading. Councilmember Cunniff noted the AIS states this item was moved up the priority list due to a request from the Sheriff's Office regarding safety. Tim Kemp, Engineering, replied that is one of the reasons; however, staff felt the timing was right and that was supported by the Sheriff's Office. RESULT: ORDINANCE NO. 054, 2016, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak RECUSED: Campana 13. Items Relating to Amending the City of Fort Collins District-Precinct Map. (Adopted on First Reading) A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland. B. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. The purpose of this item is to amend the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. A protest of the proposed options for amending the District-Precinct map was filed by Eric Sutherland on April 18, 2016. City Clerk Wanda Winkelmann stated this item would alter the City’s Council districts to match the County precinct boundaries and achieve a required population deviation of no more than 10% between the most and least populous district. All options before Council include the CSU population data and the population deviation among the four options ranges from 5.96% to 6.02%. A protest of the redistricting options was received by the City Clerk’s Office. City Attorney Daggett provided an overview of the protest process and recommended Council provide an opportunity for Mr. Sutherland, the protesting party, to describe his protest and explain his concerns prior to allowing general citizen participation. Following citizen input, Council can then move forward with a decision on the protest and then the Ordinance should it so choose. 1.1 Packet Pg. 21 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 451 Eric Sutherland stated all options being considered impair the franchise of voters in the City of Fort Collins as it forces certain precincts to wait six years between choosing an elected representative to Council. He stated options are available so as to prevent this from happening, including waiting until after the 2017 election to go through the redistricting process. Councilmember Cunniff expressed his understanding of Mr. Sutherland’s concerns; however, he stated there is no time for this process before or after an election which would eliminate the six year wait for some individuals unless a larger imbalance is accepted wherein some precincts are moved before and some after the election. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, that Council find the protest filed by Mr. Sutherland has no merit. Yeas: Martinez, Overbeck, Campana, Stephens, Cunniff, Horak and Troxell. Nays: none. THE MOTION CARRIED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 055, 2016, Option 1, on First Reading. Eric Sutherland stated Councilmember Cunniff’s analysis is incorrect and there is an option which would allow certain precincts to vote after two years rather than six. Mayor Pro Tem Horak clarified precincts are not moving, district boundaries are simply changing. Councilmember Cunniff stated he would be glad to meet with Mr. Sutherland regarding his analysis. Councilmember Overbeck stated he would not support the motion as he prefers Option 4. Mayor Pro Tem Horak expressed concern that Option 4 splits the Avery Park neighborhood. RESULT: ORDINANCE NO. 055, 2016, ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak NAYS: Overbeck 14. Items Relating to Dust Prevention and Control. (Adopted on Second Reading) A. Second Reading of Ordinance No. 044, 2016, Amending Chapter 12, Article X of the Code of the City of Fort Collins Related to Particulate Matter Emissions. B. Second Reading of Ordinance No. 045, 2016, Amending the Land Use Code by the Addition of Provisions Pertaining to Dust Prevention and Control. These Ordinances, unanimously adopted on First Reading on April 5, 2016, implement regulations and a set of consistent best practices (Dust Control Manual) for (twelve) specific activities that generate dust to follow, in order to reduce health impacts and nuisances associated with dust generating activities. Per Council direction during First Reading, staff has revised Ordinance No. 1.1 Packet Pg. 22 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 452 044, 2016, to reflect a higher lot size exemption of 5 acres (from 10,000 square feet), whereby these projects do not have to employ the Dust Control Manual to prevent, control, and minimize dust generation unless two written warnings have been issued within a one year period. Staff continues to recommend lot size (as opposed to disturbed area) to measure the 5-acre threshold, as lot size is a recorded number that can be verified, tracked, and enforced. In addition to the increase in the size threshold, staff has also amended the checklist in the Manual and included associated language in the Ordinance. Staff has also removed references to chemical stabilization and cover within the Manual. Finally, if adopted, staff will continue to track the implementation of the Ordinances and reevaluate the adopted threshold one year from when enforcement officially begins (November 1, 2017). Lucinda Smith, Environmental Services Director, stated the objective of this item is to implement an enforceable approach to address the impacts of dust from construction on health, nuisance and safety. Lindsay Ex, Environmental Program Manager, detailed five issues for which Council requested additional feedback: assessing the size threshold around when the dust control manual should apply, whether or not a disturbed area can be tracked instead of lot size, development of a user- friendly checklist that would apply to all projects regardless of size, removing specific references in the manual, and reevaluating the size threshold and effectiveness one year after hard enforcement. Ex discussed data analyzed from a building permit and dust complaint perspective and stated staff is recommending a five acre threshold for the first year of enforcement. Mayor Pro Tem Horak commended staff's analysis but asked for additional information regarding staff's recommendation of five acres. Ex replied there are two pieces of data to take into consideration when developing a size threshold: building permit data and compliant data; three out of 24 complaints in 2015 were for sites less than five acres. Councilmember Cunniff asked about enforcement and expressed concern that a gap in protection is occurring by setting the threshold at five acres, below which compliance is strictly on a citation basis. Smith stated complaints have been addressed thus far by discussing issues with the source. A budget offer has been put forward for additional code enforcement officers, one of whom would focus on environmental codes including this ordinance if it were to pass. With regard to the five acre threshold, Ex stated there is no clear data, especially from the complaint side, to provide clear direction regarding the correct threshold. Councilmember Cunniff asked if the Stormwater department was approached when the manual was being written with regard to the chemical treatments. Ex replied Stormwater has been involved in the project since its inception and chemical treatments are considered allowable as best management practices by the state; however, that option can be removed. Councilmember Cunniff asked if Stormwater staff has evaluated the turbid flow of the runoff from dust impacts. Jessie Schlam, Erosion Control Inspector, replied no analysis other than typical runoff associated with plowing has occurred and tracking additional data would require significantly more staff time. Councilmember Cunniff asked if the size threshold could be circumvented by development of smaller portions of a site at any given time. Ex replied language does exist that Council could consider if it would prefer. 1.1 Packet Pg. 23 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 453 City Attorney Daggett clarified the ordinance provides a definition for a small-scale source, which is a project excluded from the dust control manual requirements, and bases the five acres on a single lot or parcel. Councilmember Cunniff requested future analysis of how often adjacent lots less than five acres are developed. Councilmember Campana noted one development construction permit would be issued for site development work applicable to all lots. Councilmember Stephens asked if synthetic cover is not practical on smaller sites. Ex replied it is seen as practical; however, Council has encouraged the promotion of other techniques because tarps and other covers cannot always be recycled. Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 044, 2016, on Second Reading. Councilmember Campana commended staff work on the item. Councilmember Cunniff expressed concern with the lack of vetting on the recent changes to the ordinance and questioned whether or not the five acre threshold is the correct number. Mayor Pro Tem Horak requested quarterly updates from staff in order to ensure success of the five acre threshold. Councilmember Cunniff requested Council's support of the budget offer for increased code enforcement. Schlam noted typical enforcement policies involve a written warning and formal documentation served to the superintendent or developer. Councilmember Campana noted there is not yet information regarding how much enforcement is needed in terms of dust control. Councilmember Cunniff noted there are other enforcement needs. Councilmember Overbeck suggested a budget offer for increased street sweeping in neighborhoods. RESULT: ORDINANCE NO. 044, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 045, 2016, on Second Reading. 1.1 Packet Pg. 24 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 454 RESULT: ORDINANCE NO. 045, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 15. First Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms. (Adopted on First Reading) The purpose of this item is to clarify interest rate language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recommended moving forward with this proposed change. Staff also plans to return to Council in the third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. Eric Sutherland stated the on-bill financing program lacks effectiveness and made suggestions for use of the Smart meters. Mike Truett stated he sent Council a PowerPoint presentation outlining the Massachusetts Mass Saves program and discussed a fraud investigation relating to the program. Councilmember Martinez requested staff input regarding Mr. Truett’s comments. John Phelan, Utilities Resource Conservation Manager, stated having a single vendor, as in the Mass Saves program, can lead to conflict of interest issues. Fort Collins does not have that situation and is streamlining its processes in its pilot program. Councilmember Martinez asked what safeguards the City has in place. Phelan replied the contractors doing the work are not the individuals developing the scope of work, there is verification of the quality of the work, and customer satisfaction surveys exist. Councilmember Cunniff asked how the City is increasing the knowledge and use of the loans by households with lower incomes. Phelan replied the loan program was not initially targeted at an income qualified demographic but was trying to provide a financing product that was not available from the private sector to stimulate additional and more comprehensive projects. The marketing of the program is to all customers engaged in efficiency programs. Phelan discussed the credit score data of loan customers. Councilmember Stephens discussed the importance of marketing the loan programs to individuals with lower incomes and asked if individuals who do not qualify are made aware of other programs for which they may qualify. Phelan replied in the affirmative. Councilmember Cunniff discussed the importance of loan usage fairly reflecting community demographics and the effectiveness of the program in terms of energy savings. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 058, 2016, on First Reading. 1.1 Packet Pg. 25 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 3, 2016 City of Fort Collins Page 455 RESULT: ORDINANCE NO. 058, 2016, ADOPTED ON FIRST 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 asked City Manager Atteberry if he thought Council was unduly harsh to Mr. Gebo or the City’s hired engineer during the Woodward silo item. City Manager Atteberry replied in the negative. Mayor Pro Tem Horak commended Mr. Gebo and his engineer for their professionalism in answering Council’s questions. Councilmember Martinez distributed Cinco de Mayo schedules. Councilmember Overbeck received Council support of the development of local rules and regulations regarding rolling coal. Mayor Pro Tem Horak supported looking into the issue and noted it was to be addressed at the state level as it is difficult to enforce locally.  ADJOURNMENT The meeting adjourned at 9:30 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 26 Attachment: May 3, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) City of Fort Collins Page 456 May 10, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:35 p.m.  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Winkelmann  CITIZEN PARTICIPATION Kevin Harper thanked the City Manager and staff for creating an alternative design for the Prospect and College intersection and suggested a site visit to his property. Carol Miller thanked staff for creating an alternative plan for the Prospect and College intersection and stated it can be a catalyst for establishing cooperation between the City and the community regarding the affected properties. This alternative plan substantially reduces the impacts to 1535 and 1601 Remington and the costs of construction can be offset using CSU's contribution. Thomas Edwards discussed a bicycle survey he conducted on Springfield. He asked how many citations were issued for indecent exposure as part of the "undie run" on CSU's campus.  CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tem Horak stated there were no off-campus citations for the “undie run” and two on- campus citations.  DISCUSSION ITEMS Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into executive session for the purpose of meeting with the City management and legal staff to discuss: (1) real property acquisitions for the Prospect and College intersection improvements project as permitted under Section 2-3(a)(3) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(a), and (2) specific legal questions related to litigation or potential litigation involving the City as permitted under Section 2-31(a)(2) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(b). Carol Miller encouraged Council to carefully consider its decision and stated eminent domain action would set a serious precedent and negative tone. Mayor Troxell noted no decisions will be made during the Executive Session. 1.2 Packet Pg. 27 Attachment: May 10, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 10, 2016 City of Fort Collins Page 457 RESULT: APPROVED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 7:54 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 28 Attachment: May 10, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) City of Fort Collins Page 458 May 17, 2016 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 Mayor Troxell recognized and commended the City Works 101 graduates and the graduating class of the Family Leadership Training Institute.  AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there are no changes to the published agenda; however, there are five public hearings on the Consent Agenda which the Mayor will open at the appropriate time. Mayor Troxell noted the following Consent Agenda items are public hearings: 8: Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP) 12b: Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado 13: Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado 14b: Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado 15: Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins.  CITIZEN PARTICIPATION Leanne Massey, Respite Care Executive Director, discussed the services provided by Respite Care and thanked the City for its support. Eric Sutherland commented on an aura of dishonesty throughout the City and opposed URA funding of the Summit project. Chelsey Mandell, Homeless Gear Development Director, thanked the City for its funding recommendations. 1.3 Packet Pg. 29 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 459 Mel Hilgenberg requested an expansion of the Downtown 2-hour parking zones to 8:00 p.m., suggested moving the Fort Collins Rescue Mission to the old nightclub by Catholic Charities and expanding MAX service for affordable housing. Guy Mendt, Catholic Charities Director, thanked the City for its funding recommendations and thanked Council for its on-going support. Jeff Wright, Heart of the Rockies Church former pastor, supported a divestment resolution and discussed human rights around the world. Martin Bates, Veterans for Peace, discussed the catastrophe of Palestine and supported a divestment resolution. Steve Ramer, Fort Collins Mennonite Fellowship pastor, discussed the occupation of Palestine and supported a divestment resolution. Janey Stein, Jewish Voice for Peace, discussed the importance of not investing in companies that further brutal practices in Palestine and supported a divestment resolution. Sue Ellen Klein supported a divestment resolution and non-violent strategies to get Israel engaged in peace again. Kelly Hennigan, Crossroads Safehouse, thanked the City for its funding recommendations and on-going support. Logan Schmidt discussed the number of people living in hunger. Nick Haas thanked Police Services for giving his son a tour of the Police facility. Hend discussed negative side effects of cell phone use, including stress and sleep disturbance. Lynn Barker, Fort Collins Homeless Coalition, discussed the death of another member of the homeless community and the number of beds in homeless shelters. Yolanda Valles supported the formation of a community garden and expansion of the children’s park in the Andersonville neighborhood. Nancy Jackson, Disabled Resource Services Director, thanked the City for its funding recommendations. Katherine Yung discussed Colorado air quality and the idea of green roofs. Kevin Harper discussed the history of his home at 1535 Remington. Anne Cleary discussed the history of her home at 1535 Remington and showed slides of the home. Seth Kelly, Base Camp, requested support of staff’s funding recommendations. 1.3 Packet Pg. 30 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 460 Sandy Lemburg discussed traffic and streets planning, particularly at the Prospect and College intersection. He asked about the City’s policy regarding open houses and notification for such projects. Liz Donovan, Food Bank of Larimer County, thanked the City for its funding recommendations and continued support. Abby Hartley discussed traffic issues on Prospect and suggested a community conversation around the topic. Chris Fine, Summitstone Health Partners, thanked the City for its funding recommendations and continued support. Carol Miller encouraged Council to not necessarily take staff’s recommendation regarding the Prospect and College intersection, suggesting certain policies and procedures were violated. She also supported the formation of a tiny homes community. Deborah James stated she was withdrawn from a program at Catholic Charities with no reason. Stephanie Slate, Project Self Sufficiency, thanked the City for its funding recommendations. Cheryl Distaso, Fort Collins Homeless Coalition, thanked the City for its coordination with Catholic Charities to expand the year-round number of beds for women. She expressed concern regarding the number of men being turned away from shelters and encouraged the codification of the practice of not ticketing individuals for sleeping outside when shelters are full. John Mark stated the city is in a shelter crisis and supported progressive dialogue. An unidentified man discussed his recent arrest for carrying a knife for protection from raccoons and stated he was turned away from Catholic Charities and forced to sleep outside. Thomas Edwards, Fort Collins Bicycle Coalition, discussed bicycle counts for the fiscal year.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck recognized Mr. Hilgenberg on his return, noted all City surveys are posted online and encouraged citizens to contact Councilmembers if they are seeking a specific survey. He thanked the speakers who discussed funding recommendations and noted the comments regarding the park and garden in Andersonville will hopefully be addressed. Councilmember Cunniff thanked the speakers who discussed funding recommendations and acknowledged the young speakers. He is interested in following up on cell phone impacts and green roofs. Councilmember Martinez requested information regarding the definition of “vulnerable” with respect to shelter access. Beth Sowder, Social Sustainability, replied that answer would need to come from Catholic Charities itself and stated she would follow-up. Councilmember Martinez requested information regarding the future of parks in the Andersonville area. City Manager Atteberry replied he would provide Council with an update. 1.3 Packet Pg. 31 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 461 Councilmember Campana noted Romero Park is a neighborhood park and asked about the future of community parks in that area as it develops. Councilmember Stephens commended the CityWorks 101 graduates and thanked the speakers from the Family Leadership Training Institute and those who spoke regarding funding recommendations. Councilmember Campana thanked the citizens who spoke and thanked the individuals who operate the organizations and staff members who manage the funding recommendations. He recommended Councilmember Overbeck contact Sproutin’ Up regarding the formation of a community garden in Andersonville. Mayor Troxell thanked the young citizens who spoke and noted there are some upcoming public forums regarding traffic congestion. He thanked the citizens who spoke regarding funding recommendations and recognized Mr. Hilgenberg.  CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 5, Second Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms and 8, Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP) from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. Yeas: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none. THE MOTION CARRIED. Mayor Troxell closed the public hearings on Item Nos. 12b, 13, 14b and 15. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the minutes of the April 19, 2016 Regular Council Meeting and the April 26, 2016 Special Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the April 19, 2016 Regular Council meeting and the April 26, 2016 Special Council meeting. 2. Second Reading of Ordinance No. 051, 2016, Appropriating Unanticipated Grant Revenue in the Transit Services Fund for a Bicycle Parking Facility at the Downtown Transit Center. (Adopted) 1.3 Packet Pg. 32 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 462 This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $210,000 to facilitate the design and construction of a secure bicycle parking facility at the Downtown Transit Center. In 2015, CDOT awarded the City of Fort Collins $210,000 in Transportation Alternatives Program (TAP) funding to design and construct the facility. Boulder County is the entity that entered into the grant agreement with CDOT and will reimburse the City up to $210,000. The City and Boulder County executed an IGA to this effect in January 2016. Local match for the project in the amount of $52,500 in KFCG capital funding was appropriated in the 2015-2016 BFO cycle. All of the funding will be directed towards design of the structure and site, and construction of the facility. A grant agreement was executed by CDOT on January 25, 2016, and a Notice to Proceed was approved on March 11, 2016. To comply with the City’s Art in Public Places (APP) Ordinance, existing appropriations in 2016 will be used to cover the 1% of the project budget ($2,625) to APP. This reflects a change in the APP amount from First Reading (1% of the local match - $520), which was determined did not meet the APP Ordinance requirement. 3. Second Reading of Ordinance No. 056, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Appropriation of Restricted Northern Colorado Drug Task Force General Fund Reserves for Fort Collins Police Services 2016 Task Force Programs and Services. (Adopted) This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates unanticipated revenue in the General Fund and authorizes the transfer of appropriated amounts between accounts and projects for the multi-jurisdictional Northern Colorado Drug Task Force (NCDTF). Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the NCDTF for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $279,915 from its forfeiture reserve account to its 2016 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 4. Second Reading of Ordinance No. 057, 2016, Appropriating Unanticipated Grant Revenue in the Storm Drainage Fund for Conceptual Design of the Mulberry/Myrtle/Riverside Storm Sewer Project. (Adopted) This Ordinance, unanimously adopted on First Reading on May 3, 2016, appropriates $44,615 in grant revenues from the State of Colorado Department of Homeland Security-Office of Emergency Management (DHSEM). The grant will fund city project management costs associated with conceptual design of the Mulberry/Myrtle/Riverside Storm Sewer project. The project is identified in the Old Town Master Drainage Plan to mitigate street and structure flooding. 5. Items Relating to the Southeast Community Park. (Adopted) A. Second Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast Community Park Site as Road Right of Way. B. Second Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on City Property to the Fort Collins-Loveland Water District. These Ordinances, adopted unanimously on First Reading, on May 3, 2015, declares certain City property as road right-of-way as part of the development of the City’s Southeast Community Park property, and authorizes the conveyance of two waterline easements to the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property need to be declared as road right-of-way for Kechter Road, Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such, the City needs 1.3 Packet Pg. 33 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 463 to convey a waterline easement to the District to install the waterline for service. In addition, the District has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be installed while the City is completing the construction of the park to minimize disturbance to the City property. 6. First Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming not Included in the 2016 Adopted City Budget. (Adopted) The purpose of this item is to appropriate $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. 7. Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. (Adopted) A. First Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. First Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. The purpose of this item is to update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have formal procedures in place in order to assume ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but they are in need of updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee reviewed these changes as found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. 8. First Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. (Adopted) The purpose of this item is to clarify and consolidate policy and construction standards applicable to development of the City’s electric network. 9. Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. (Adopted) A. First Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland 1.3 Packet Pg. 34 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 464 Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. First Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. The purpose of this item is to amend the January 22, 2015 Amended and Restated Intergovernmental Agreement for the joint operation of the Airport (“IGA”), delegate, within specific parameters, the authority for the Northern Colorado Regional Airport Commission to enter into longer lease agreements, grant agreements, and make expenditures for Airport operations or capital needs from appropriated, but unassigned reserves. Ordinance No. 067, 2016, also ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003 to comply with Article IV, Section 1 of the City Charter and actions taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Ordinance No.068, 2016, amends the City Code to address the impact the First Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. 10. Items Relating to the Mountain's Edge Annexation. (Adopted) A. Resolution 2016-041 Setting Forth Findings of Fact and Determinations Regarding the Mountain’s Edge Annexation. B. Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on the agenda. 11. Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. (Adopted) The purpose of this item is to zone the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. 12. Items Relating to the East Prospect at Boxelder Creek Annexation. (Adopted) A. Resolution 2016-042 Setting Forth Findings of Fact and Determinations Regarding the East Prospect at Boxelder Creek Annexation. B. Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This is a request to annex a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive and west of the Interstate 25 frontage road. The segment is approximately 1,000 feet in length. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on this Agenda. 1.3 Packet Pg. 35 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 465 13. Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. (Adopted) The purpose of this item is to zone the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). 14. Resolution 2016-043, Approving Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events based upon the recommendations of the Cultural Resources Board. 15. Resolution 2016-044, Approving an Art Project for the Utilities Administration Building and Approving Expenditures from the Utility Project Account to Commission Artists to Create the Art Project Pursuant to the Art In Public Places Program (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places Utility Funds to commission an artist team to create art for the Utility Administration Building Project. The expenditures of $48,800 will be for design, materials, fabrication, installation, and contingency for Creative Stained Glass Studio to create multiple art elements for the interior of the new Utility Administration Building. 16. Resolution 2016-045 Reappointing Teresa Ablao as Temporary Judge and Authorizing the Execution of an Employment Agreement. (Adopted) The purpose of this item is to reappoint Teresa Ablao as the temporary judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of a temporary judge (commonly referred to as the Assistant Municipal Judge) to serve in the absence of the Municipal Judge. Teresa Ablao has served in this capacity since mid-2012. Municipal Judge Kathleen M. Lane recommends that Ms. Ablao be reappointed as the Assistant Municipal Judge.  END CONSENT  COUNCILMEMBER REPORTS Councilmember Campana provided a memo of the Landmark Preservation Commission monthly update, noted May is National Historic Preservation Month and is the 50 th anniversary of the National Historic Preservation Act. The Landmark Preservation Commission and staff received a positive review as a Certified Local Government from History Colorado. Councilmember Overbeck reported on a Natural Areas cleanup by Maple Hill residents and a listening session he hosted involving community safety. He thanked Chief Hutto, Susan Vance, and the Neighborhood Enforcement team for being involved and discussed positive feedback he received for having a Spanish/English interpreter at the event. Councilmember Martinez reported on the Chamber of Commerce leadership graduation and the El Centro banquet at CSU for graduating Latino students. Mayor Pro Tem Horak reported on construction of the new 2.1 mile climbing lane on I-25 just south of the Berthoud exit and stated the Town of Berthoud has contributed $250,000 toward I- 25 funding. He discussed the lack of a transportation bill being passed at the state level. 1.3 Packet Pg. 36 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 466 Mayor Troxell announced City Manager Atteberry’s 20 years of service with the City and thanked him for his commitment.  DISCUSSION ITEMS 17. First Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. (Adopted on First Reading) The purpose of this item is to obtain authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff will negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is necessary in order to keep the project on schedule. Laurie Kadrich, Planning, Development and Transportation Director, stated this action is a request for eminent domain to be an option for consideration in order to obtain the necessary right-of-way for intersection improvements at Prospect and College. Eminent domain is a tool used as a last resort and is not the option being requested at this time. Fort Collins has had a long history of making road improvements to reduce congestion, increase safety, and accommodate new developments. There are many benefits to staff’s proposed plan for the intersection; however, it does impact the yard of one residential property at 1535 Remington. Dean Klingner, Capital Projects Manager, clarified this action would authorize the use of eminent domain, if necessary, on portions of two residential properties. Next steps involve as much as ten months of good faith negotiation prior to any court action. Most often, the City will reach a mutually agreeable resolution with property owners. Klingner reviewed the evolution of the intersection plans and provided a summary of staff’s preferred option stating it best achieves the project goals while minimizing impacts. Paul Tomlinson expressed concern regarding changes on Prospect that would impact the Harper/Cleary property at 1535 Remington. John Clarke, former owner of 1535 Remington, discussed the historical significance of the property and opposed the use of eminent domain. Anne Cleary, 1535 Remington owner, discussed the impacts of this plan to the livability of her home and stated it will not be able to be sold as a single-family residence. Josh Fine, 1511 Remington, opposed the use of eminent domain and discussed the impacts of construction on trees. Carol Seger opposed the use of eminent domain stating good faith negotiations are impossible when one party holds all the power. Lois Hunt discussed improvements to the Eastside neighborhood over time and opposed the use of eminent domain. 1.3 Packet Pg. 37 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 467 Carol Miller discussed the history of relevant dates related to this project and stated this plan will render the house at 1535 Remington unlivable. Cassiopeia Camera opposed the use of eminent domain and questioned why she should invest in a neighborhood which could potentially be devalued. She asked how the value of the properties will be determined. Sandy Lemburg stated other options should be considered and argued against the use of eminent domain. He stated a double left turn lane is not needed. Abby Hartley discussed the tight knit Eastside neighborhood and opposed the use of eminent domain given most of the traffic issues are a result of CSU. She asked if CSU could potentially be held responsible for all or part of the $1.3 million necessary to purchase the homes on the south side that are willing to sell. Dan Graham opposed the use of eminent domain stating this action makes it not appear as a last resort. Brenda Bryan, 1525 Remington, read from Dr. Seuss' The Lorax and urged Council to examine the pros and cons of this plan. Joe Lewis, resident of the corner of Prospect and Remington, questioned how this and future construction will impact the neighborhood. C.W. Miller, 1601 Remington owner, stated eminent domain should be a last resort and argued the City should look for innovative ways to move people to Midtown using alternatives to vehicles. Kevin Harper, 1535 Remington, discussed the impact of this proposal to his property. His sidewalk is the widest in the area and he questioning why his sidewalk has been deemed unsafe. (Secretary's Note: Council took a brief recess at this point in the meeting.) Councilmember Overbeck requested additional information regarding how many feet of Mr. Harper's property will be affected, specifically by the southern bedrooms. Klingner replied the maximum extent of the acquisition along the east frontage of the house is four feet and along the west side is eight feet, which includes widening of four feet of the sidewalk. Councilmember Overbeck requested a map be shown to illustrate the changes. Klingner showed a map of the proposed changes noting the traffic does not move any closer to the house along the side with sidewalk improvements; however, the traffic would move four feet closer at a corner of the house. Councilmember Overbeck asked how much of the property will need to be dug into and requested information regarding tree removal. Klingner replied trees would need to be removed. Councilmember Overbeck asked how many feet beyond the wall will be affected. Klingner replied there would be temporary impacts which could go ten to fifteen feet into the property necessary for enabling the construction; however, that would not be a permanent land purchase, just a temporary easement. 1.3 Packet Pg. 38 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 468 Councilmember Overbeck asked if the ten to fifteen feet could be further detailed. Klingner replied the more specific number on the temporary easement is ten to twelve feet and noted there is flexibility in limiting that if it is not needed. Twelve is the maximum distance; fifteen feet is not in the authorization. Councilmember Overbeck asked how staff will ensure the house will not be damaged from the construction. Klingner replied work with a structural engineer can document before and after conditions and many construction techniques are available to minimize vibration. Councilmember Overbeck expressed concern regarding quality of life impacts and asked if vibrations occurring within the house today could be measured versus after construction. Klingner replied it is possible to monitor traffic noise before and after construction and the wall may be constructed in such a way so as to mitigate noise. Councilmember Overbeck stated residents in any home in Fort Collins should not feel additional impacts from street oversizing. He asked if there are any plans for mitigation in terms of cooling the house if the large shade tree is lost. Klingner replied mitigation for the loss of the trees will be a big part of negotiation with the property owners. There are some potential opportunities to get bigger trees located in the back of the property. Councilmember Cunniff expressed concern regarding the street design and width. He asked about the current width, curb to curb, of Prospect on the east side of College. Klingner replied there are four 11-foot lanes plus the gutter, so curb to curb is approximately 50 feet; the width right as a pedestrian would cross Prospect going north or southbound is roughly 90 feet. Councilmember Cunniff stated the new design looks like the width would be about 135 feet, including the pork chop island and median. Klingner replied that distance estimate may be a little high. Dan Woodward, Project Engineer, stated the pedestrian distance between curb ramps is approximately 110 feet. Councilmember Cunniff expressed concern the new design is creating an intimidating intersection for pedestrians. He suggested the possibility of narrowing the lane-to-lane widths, narrowing the sidewalks a bit, and eliminating the left turn lane at Remington to the north in order to avoid impacts to at least the tree if not the wall. Klingner replied the lanes in the design are 11 feet, which is one foot narrower than the standard design; a ten foot lane seems too narrow for this traffic volume and design speed of 35 miles per hour. Councilmember Cunniff stated not all roads need to be designed to 35 miles per hour given historic locations and impacts. He stated his preference is to come up with a new option that contemplates a lower design speed, makes the crossings safer for pedestrians, and reduces the eminent domain area. Councilmember Overbeck supported examining that option. Councilmember Campana asked about recent examples wherein staff has been authorized to use eminent domain if need be, noting the procedure is not often used as negotiations are most often successful. Lindsay Kuntz, Real Estate Specialist, replied the majority of larger capital improvement projects involve a staff request for authorization to use eminent domain if necessary; from that point, owners are officially notified of property interest, appraisals are completed, and negotiations occur. Recent projects, including MAX, North College, Vine and 1.3 Packet Pg. 39 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 469 Shields, Horsetooth and Timberline, Prospect and Timberline and others have used this procedure. Councilmember Campana asked what prevents staff from not wanting to negotiate with a property owner if the eminent domain tool exists. Kuntz replied the City is required to have good faith negotiations before attempting any eminent domain action via the court. City Attorney Daggett stated Council adopted 44 ordinances or resolutions approving eminent domain on 152 properties between 1996 and 2006, and of the 42 petitions filed by the City Attorney's Office, only four actually went to the step in the process involving a non-consensual outcome. Between 2006 and 2010, there were 16 ordinances authorizing eminent domain on 114 properties; of the five petitions filed, only one case went to trial. Between 2011 and 2016, there were 15 ordinances authorizing eminent domain on 101 properties and negotiations are ongoing with eleven property owners of that total. Six petitions have been filed, and all were settled prior to trial. There is no advantage to the City in not reaching a mutual agreement; however, the main process advantage to the City in using eminent domain is that it does allow the City to gain possession of the property while the discussion about how much the City needs to pay for it is still ongoing. Councilmember Campana asked if that data was shared with the two affected property owners. Klingner replied in the affirmative. Councilmember Campana suggested a future policy discussion regarding notification of property owners referencing eminent domain. He discussed the importance of trusting engineers in terms of street design and noted the success rate in negotiating mutually agreeable outcomes is high. Councilmember Martinez asked how good faith is measured and considered by the courts. City Attorney Daggett replied there are few cases that actually produce court decisions related to those kinds of issues because eminent domain cases are so frequently settled. Staff tries to have a generous schedule and ensure active negotiations for at least two or three weeks, typically longer before actually filing a petition, after which negotiations continue. Both parties typically have an interest in trying to reach an agreement so they are not subject to a decision that is out of their control. Kuntz stated staff spends at least 90 days doing appraisals after presenting notice to the property owner. Following that, at least 30 days are spent talking to the owner about the offer that has been presented to them. Additionally, site conditions and mitigation efforts are discussed with property owners throughout the process. Councilmember Martinez asked if this item was delayed for design planning. Klingner replied February Council meetings were originally scheduled for this authorization. Councilmember Martinez asked if exact figures regarding Councilmember Cunniff's questions were available. Klingner replied the existing curb to curb width is 75 feet and the width in the preferred design is 112 feet. Councilmember Martinez asked how many feet would exist from the sidewalk to the house on Prospect in the preferred design. Klingner replied that measurement varies along the length of the house. At the narrowest point, on the west edge of the property, from the back of the sidewalk to the face of the house is right around 19 feet. On the east edge, it is approximately 23 feet. 1.3 Packet Pg. 40 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 470 Councilmember Martinez asked about the purpose of the sidewalk widening. Klingner replied it is a combination of safety and providing an inviting place for pedestrians. Mayor Pro Tem Horak stated he cannot support the Ordinance as written given there is no overall design going in either direction beyond this intersection. Councilmember Cunniff agreed with Mayor Pro Tem Horak that additional regional planning is needed; however, the intersection also needs immediate improvements. He stated he could support postponement of the item for further analysis. Councilmember Campana agreed additional studies could be done going east; however, the roadway is constrained for the entire length and additional studies will not eliminate the need for wider sidewalks and additional lanes. He noted the intersection improvements have already been funded, the design exists, and the timing is right. Councilmember Overbeck suggested one wrong move will be extremely impactful to the neighborhood, citing the importance of quality of life. Mayor Troxell stated a higher functioning intersection at College and Prospect will improve neighborhood impacts because the neighborhood streets will not be used as alternatives. He asked about an approximate timeline for a plan to examine Prospect east of College. Klingner replied the preparation of the West Central Plan took about 18 months and examining Prospect, east of College would take about the same amount of time. Mayor Troxell requested staff input regarding what conditions would change in order to change the design between Remington and College related to a larger segment of East Prospect. Rick Richter, Director of Infrastructure Services, replied there are some similarities between the West Central area and Prospect moving to the east, though there is more constraint to the east. Improvements would be made as redevelopment occurs, or potentially as capital funding exists. Mayor Troxell stated he does not see a resolution for the amount of traffic through the intersection to get the kind of improvements needed for safety, congestion relief and infrastructure improvements; therefore, he supported moving ahead with the ordinance. Councilmember Martinez asked about the existing level of service for the intersection. Joe Olson, City Traffic Engineer, replied the overall intersection is currently at level of service D, which meets the City's standards; however, there are different movements at the intersection performing at levels E and F during peak hours. Mayor Pro Tem Horak asked if the southern option maintains the same level of service and congestion as the preferred option. Olson replied it would be essentially the same in terms of level of service. Mayor Pro Tem Horak noted the main difference between the preferred option and southern options involve sidewalks and suggested accident data does not show a significant difference between the two, particularly given there is no planned connection to the east. He expressed support for the southern option and stated he would not support the ordinance as written. 1.3 Packet Pg. 41 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 471 Councilmember Campana stated the southern design would involve approximately $1.3 million in additional cost, less safe pedestrian and bicycle connections on the north, and a reduction in standards for the medians. Additionally, a new group of property owners will be affected. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone consideration of Ordinance No. 073, 2016 indefinitely. Councilmember Cunniff stated there is no data to support increased safety with wider sidewalks and narrower traffic lanes actually result in higher pedestrian safety due to reduced speeds. He suggested postponement would allow Council to state its desires in an alternative plan. Councilmember Stephens asked if narrower lanes negatively affect congestion relief. Klingner replied in the affirmative noting staff has determined eleven feet to be as narrow as staff is willing to go, given the level of congestion. Councilmember Overbeck stated this is more about quality of life and real impacts to the neighborhood. Councilmember Campana noted there are more negative impacts on the neighborhood with congestion as it exists today. Councilmember Stephens asked what would occur to the intersection if this ordinance is postponed. Richter replied the work to the west of the intersection would likely still occur, given the development is already underway, though it would likely involve an interim condition until a design for the east side is confirmed. Another option would be to request that the development on the northwest corner not complete the improvements at this point. Councilmember Stephens asked if any other plan seems feasible to staff as stalling this improvement does not seem to be the right option. Klingner replied his team has worked hard to find another solution that does not impact the wall at 1535 Remington while alleviating congestion and air quality concerns and they do not believe there is another option. Councilmember Campana noted eminent domain has already been authorized for the commercial properties, as has funding for the intersection improvements; therefore, the intersection could essentially be completed. Mayor Pro Tem Horak stated Council only has the option to approve, deny, or postpone this particular option with this action. This alternative only completes 3/4 of the intersection wherein the southern option may provide the opportunity to fully complete it. He expressed support for two left turn lanes. Mayor Troxell discussed the benefits of this option, including congestion relief, improved safety, upgraded infrastructure, and bike and pedestrian improvements. He stated he would oppose postponement of the project at this point. The vote on the motion to postpone was as follows: Yeas: Horak, Cunniff and Overbeck. Nays: Troxell, Stephens, Campana and Martinez. THE MOTION FAILED. 1.3 Packet Pg. 42 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 472 Councilmember Campana made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 073, 2016, on First Reading. Councilmember Campana stated he will continue to keep an open mind and meet with staff prior to Second Reading. Councilmember Cunniff stated he would not support the motion and suggested tweaks could be made to further mediate the situation. Councilmember Overbeck reiterated his concerns regarding quality of life noting Mr. Harper works from home and his young child naps at home; both issues need to be mitigated. He discussed the importance of testing for noise and vibration before construction begins and the loss of the tree will need to be mitigated. The Miller's quality of life need to be taken in to account and mitigated. Councilmember Stephens stated she would be open to any tweaks that could be made to further mediate the situation; however, she agreed with Councilmember Campana that her constituents would not support the additional funds needed for the alternative plan. Councilmember Martinez stated the quality of life for drivers and the entire community needs to also be considered. Mayor Pro Tem Horak stated the preferred alternative, while providing significant congestion relief, does not provide any significant change for pedestrians or bicycles. Looking at the increase in cost over 20 or 30 years, it becomes minimal. Additionally, there is no plan moving eastward and there is no significant difference between the two plans in terms of congestion relief. Mayor Troxell discussed the City's history in avoiding the use of eminent domain and expressed support for the motion and project as presented. Councilmember Overbeck opposed the motion and suggested taking the time to get the design right would not be a detriment to the community. Councilmember Martinez noted this is the right solution given the intersection is failing at times and will continue to do so without improvement. Councilmember Campana asked if a budget offer has been proposed for improvements to Prospect moving east. Kadrich replied there is an enhanced travel corridor offer prepared, though it may not be one of the highest priorities. The offer presents a 12-18 month timeframe; however, there is an offer for an update of City Plan and should that move forward, the enhanced travel corridor offers would likely be withdrawn. City Manager Atteberry noted the update of City Plan was postponed a year and discussed the importance of a ten-year update. 1.3 Packet Pg. 43 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 473 RESULT: ORDINANCE NO. 073, 2016, ADOPTED ON FIRST READING [5 TO 2] MOVER: Gino Campana, District 3 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 18. Alternate Review of the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining to the Gardens on Spring Creek and First Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. (Adopted on First Reading) The purpose of this item is to review the April 7 Planning & Zoning Board decision regarding the Gardens on Spring Creek amended Master Plan, formally known as the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center. The Board approved the Gardens amended master plan on the condition that: (1) the general standards related to time limitations, sound monitoring, and security and safety requirements set forth in attachment 3 (to the Board packet) be included in the notes set forth on the site plan; and (2) that the 14 foot high western sound mitigation wall be removed from the project. Under Section 2.2.12 of the Land Use Code, the Planning & Zoning Board decision on this City project is not subject to appeal. Instead, Section 2.2.12(B) provides for an “Alternate Review” by Council as requested by a City Councilmember within the 14 days following the Board’s decision. The Alternate Review permits the Council to review the Board’s decision on the City’s amended master plan as an exercise of its legislative power over a City development project and, after conducting a hearing, to adopt an ordinance overturning or modifying the Board’s decision if Council so desires in its sole discretion. Cameron Gloss, Planning Manager, stated this is item is an alternate review of the Planning and Zoning Board’s approval of the Gardens on Spring Creek Major Amendment. Gloss noted a gazebo and bandstand area for music events accommodating up to 350 people were part of the original Gardens on Spring Creek Master Plan. The 2001 approval of the Master Plan did not involve any specific sound mitigation plan or identify any limits to the sound. This revised plan expands the scope of the music facility and develops a Great Lawn which would accommodate music events of up to 1,500. Noise, parking, trespassing, loitering, camping, non-ticketed and private events, and the enforcement of the approved design elements of the plan have been identified as major neighborhood concerns. Four sound mitigation walls were planned and a 5th west wall has now been added; however, the Planning and Zoning Board approved the plan with the condition that the west sound wall be eliminated from the application. Gloss detailed the plans for the sound walls and plantings and discussed flood plain issues and stormwater mitigation. City Attorney Daggett stated this item represents the first alternate review of a City development review project. This will allow Council to consider the item without an appeal during which Council is required to act in a quasi-judicial manner. Bob Poncelow stated the installation of the west wall violates the Land Use Code and requested Council uphold the Planning and Zoning Board's decision stating the neighborhood would rather deal with noise violations. 1.3 Packet Pg. 44 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 474 Eric Sutherland stated this process is perplexing and suggested the neighborhood residents will have no legal standing should the conditions of approval be violated to force the City to observe them. Allison Marshall expressed disappointment with this process stating there was no notification of this meeting provided. She stated neighbors oppose the west sound wall and the expansion of the venue given there will only be eight concerts a year. Randy Morgan, Friends of the Gardens on Spring Creek President, supported the project as being a beautiful addition to the community and neighborhood. Patrick Keys stated he walks by the gardens daily and expressed concern that nothing more than the 100-year floodplain has been considered. He opposed the entire process stating the majority of citizens polled oppose the project. Dulcie Willis, Friends of the Gardens on Spring Creek, supported the project with the inclusion of the west sound wall and discussed the many local arts organizations which are also in support of the project. Barbara Albert stated she supports the Gardens as a whole and suggested some type of buffer between her property and the Great Lawn but does not support the wall. She argued this project does not fit the space. Jeff Cullers, Friends of the Gardens on Spring Creek, supported the project, stating the wall was a result of accommodating neighborhood concerns. Ed Peyronnin stated the Gardens is not a suitable place for this project, opposed the construction of the west sound wall, and requested adherence to the sound ordinance. Councilmember Cunniff noted the City is the applicant in this case and requested future adjustment of language to indicate that fact. He also suggested the AIS language be adjusted so as not to make it appear Council has no choices. He asked if the term "ponded area" is a FEMA term. Heidi Hansen, Stormwater Floodplain Engineer, replied the "ponded area" references the area behind Centre Avenue which is dedicated as flood storage, and this area of the Gardens is in that pond. FEMA maps the area as floodway even though it does not meet the typical floodway definition, because it was to be regulated under the City's floodway regulations so as to ensure nothing was decreasing the storage volume for the 100-year flood event. Councilmember Cunniff asked if the storage level was assessed at a higher level than the 100- year. Hansen replied in the negative, stating the City has higher regulatory standards so all of the structures are to the flood protection elevation. The Poudre is the only drainageway with a 500- year floodplain map at this time. Councilmember Cunniff asked if operational parameters on materials that might be able to float and become obstructions downstream exist. Hansen replied in the affirmative stating everything that is not at least a foot above the base flood elevation must be anchored via an engineered design. Councilmember Cunniff asked if it is accurate to state that some of the sound levels at the property boundaries are dictated by the needs of the sound control board. Ben Bridgewater, D.L. 1.3 Packet Pg. 45 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 475 Adams Associates, stated the baseline level is measured at the mix position but only used as a reference to dictate the overall level in the audience level. Moving the mix position would not change the overall level that needs to be achieved in the audience level, but would only change the operational standard of how loud the mix position could be. Councilmember Cunniff asked if the neighborhood notification included the form of the ordinance presented to Council. City Clerk Winkelmann replied she emailed the stakeholders with information as to the time and date of the meeting and where the agenda materials could be found. Councilmember Cunniff asked if there was a specific reference to the fact that Council would be considering the possibility of overturning the Planning and Zoning Board's condition of approval. City Clerk Winkelmann replied the only references were in the agenda materials. Councilmember Overbeck asked if the sound walls are used for blocking or absorbing sound. Craig Russell, landscape architect, replied the walls function both ways, the mass blocks sound and the material on the face of the walls is sound absorbing, which prevents reflection back into the audience. The sound absorbing material is applied to the interior walls around the stage, which is where the reflecting parameters are most important. The west perimeter wall mentioned this evening is a blocking wall intended to block sounds to the neighbors. Councilmember Overbeck asked if the perimeter wall could be constructed of plexiglass or some other material which would not block views. Russell replied the overall philosophy for designing these walls involves sensitivity from both exterior and interior perspectives. The approach on the perimeter west wall involves a hedge row of conifers, most of which will be over 14 feet in height with the wall being placed within that hedge row. A plexiglass wall would go against the intent of what is attempting to be created with the conifers. Councilmember Overbeck asked if there is a similar facility using these types of sound mitigation. Mr. Brightwater replied the closest example is at the Denver Botanic Gardens, which has similar operational standards and exists within a neighborhood. Councilmember Cunniff asked if the audio modeling includes crowd noise. Mr. Brightwater replied crowd noise is assumed. Councilmember Cunniff asked about sound reflections from The Grove building. Mr. Brightwater replied the audio modeling includes reflections from all surrounding buildings. Councilmember Cunniff asked if artists will be bringing in their own audio systems. Michelle Provaznik, Gardens on Spring Creek Manager, replied the Lincoln Center will be involved in the programming aspects with the intent of renting equipment per show. Mr. Brightwater noted a noise monitoring system with meters permanently monitoring the noise at the property line will be included in the design. It will automatically provide immediate feedback to the sound operators. Councilmember Martinez requested a rendering of the wall and asked about Mr. Brightwater's credentials. Mr. Brightwater replied he is a senior consultant at D.L Adams Associates and has a Bachelor's Degree in acoustics and Master's Degree in architectural acoustics. Gloss showed a rendering of the detail of the wall design. 1.3 Packet Pg. 46 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 476 Councilmember Martinez requested the measurement from the wall to the nearest house. Gloss replied it is over 120 feet. Councilmember Campana asked about comments made that changes would only occur through a major amendment process at the Planning and Zoning Board level. Gloss replied there was significant discussion at the end of the Planning and Zoning Board meeting regarding how an amendment would occur and, if the wall situation were to change, a major amendment would be triggered because of the change in character. Because this alternate review process is new, there was not necessarily an expectation or understanding from audience members that Council would be reviewing the application. City Attorney Daggett stated there was discussion regarding what would occur if the project moved forward without the wall and the City opted to apply for a change to the plan to include the wall in the future. Councilmember Campana asked about the west wall being in violation of the Land Use Code, which is why the Planning and Zoning Board opted to not include it. Gloss replied he did not recall that was a considerable part of the discussion. Councilmember Campana commented that the City's stormwater practices are admired nationwide. Gloss stated the wall would require a building permit as it is considered a structure; therefore, it is not compliant with the fence standard. The Planning and Zoning Board had a number of discussions regarding general compatibility standards which involved the wall. Councilmember Campana asked why the venue is restricted to eight events per year. Councilmember Cunniff suggested sticking to the eight events, if the project is approved, and allowing future Councils to address the topic. Councilmember Campana suggested a review and evaluation after one year being included in the ordinance. Mayor Troxell asked why the western wall may be reinstated given neighborhood opposition. Councilmember Campana replied there is concern as to whether or not sound standards can be met without the wall in place. Councilmember Campana suggested approving the ordinance with the sound wall included with the direction that it not be installed up front. Councilmember Cunniff requested input from Ms. Albert. Ms. Albert reiterated her belief that the City cannot approve a project which, by design, will not meet the sound ordinance. She stated the neighbors' preference is that the sound barriers be closer to the sound source rather than at the property line. Councilmember Cunniff asked if moving the sound mitigation closer to the stage is a possibility. Mr. Russell replied the current model is based on compliance with the 55 dba level at the corner property line of the HOA. A number of different alternatives were analyzed and the alternative to the wall involves rotating the stage to the west and extending and enlarging the wall to wrap 1.3 Packet Pg. 47 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 477 around the southern portion of the stage. The rotation of the stage involves a decreased audience experience due to sunsets. Councilmember Cunniff expressed concern regarding preferring the desires of donors over other issues does not seem to be the correct trade off. He suggested upholding the Planning and Zoning Board's decision and encouraged future discussions regarding mitigation. Councilmember Campana suggested adopting the ordinance to allow the sound wall but not require it. Councilmember Stephens supported Councilmember Cunniff's comments. Councilmember Campana made a motion to adopt Ordinance No. 074, 2016, on First Reading with two changes: (1) to allow but not require the western sound wall and approve its construction as part of the project and (2) to provide for a one year review of the venue performance and function as well as the number of performances allowed. City Attorney Daggett suggested language directing staff to continue to reevaluate the reinstatement of the western sound wall and to allow for future approval of construction as part of the project upon approval of the addition of said wall by a Council resolution. Councilmember Cunniff stated he would second the motion if the phrase “addition of said wall” was replaced with “approval of project modifications by Council resolution.” Councilmember Campana suggested the use of the phrase “sound mitigation walls” rather than “western wall.” He commended the project but stated the City should not approve and develop a project that won't meet its own sound ordinance. Councilmember Campana accepted the language change and Councilmember Cunniff seconded the motion. Mayor Pro Tem Horak argued the new language does not really have any effect. Councilmember Cunniff stated he would support the motion given the language changes; however, he expressed concern the neighbors do not feel adequately consulted and expressed concern regarding the perception that the donors' money and schedule carry more weight than do neighborhood concerns. Mayor Pro Tem Horak noted these noise and operational standards are much higher than any throughout the city. City Attorney Daggett read the new ordinance language. RESULT: ORDNANCE NO. 074, 2016, ADOPTED [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1.3 Packet Pg. 48 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 478  MOTION TO CONTINUE PAST 10:30 PM Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to extend the meeting past 10:30 PM in order to consider remaining agenda items with the knowledge that they will not all likely be completed. Mayor Pro Tem Horak suggested Council move forward with consideration of the two citizen- pulled Consent items and forego discussion of Item No. 21, Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. RESULT: APPROVED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez 20. Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District- Precinct Map. (Postponed to June 7, 2016) This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone consideration of the Second Reading Ordinance No. 055, 2016 to June 7, 2016. RESULT: ORDINANCE NO. 055, 2016, POSTPONED TO JUNE 7, 2016 [UNANIMOUS] MOVER: Bob Overbeck, Gerry Horak SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 21. Second Reading of Ordinance No. 058, 2016, Amending the Code of the City of Fort Collins to Clarify On-Bill Utility Financing Terms. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on May 3, 2016, clarifies the interest rate language in relevant Utilities rate ordinances for the Home Efficiency Loan Program (HELP). Loan interest rates would be set at 4.0% starting on June 1, 2016. A 4% interest rate is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer’s recommendation. The interest rate revision was reviewed by the Council Finance Committee, who recommended moving forward with this proposed change. Staff also plans to return to Council in the third quarter of 2016 with options and recommendations for the program, including a transition to third party capital. Eric Sutherland expressed concern regarding an equal protection flaw in depriving people access to the program. He questioned why access to the program is limited to citizens with a 640 or better FICO score and opposed raising the interest rate for an on-bill financing program. 1.3 Packet Pg. 49 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 479 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 058, 2016, on Second Reading. Mayor Pro Tem Horak requested staff response to Mr. Sutherland's concerns. John Phelan, Utilities Resource Conservation Manager, replied the original intent for this particular program was to create a mechanism for financing small energy efficiency loans in the existing residential market. As the program looks to expand in the future and receive outside capital beyond what Utilities can fund through reserve funds, raising the interest rate incrementally toward a more market rate is an important component. Councilmember Cunniff noted the intent of raising the rates was to allow for third party financing and therefore greater leverage of the City's funds which would then potentially allow the money to be used for direct subsidies for energy improvements for lower income residents. Councilmember Overbeck asked about the minimum credit score accepted. Phelan replied it is 640. Councilmember Overbeck asked if that number could be decreased in the future. Phelan replied it could be examined. Councilmember Stephens asked if the 640 number is likely to stay the same if third party financing is involved. Phelan replied the request for proposals from third party capital providers was issued on Monday afternoon and that is one variable which will be considered as part of the process. Councilmember Stephens expressed concern the properties with the most need are not necessarily being met given people with lower income levels and potentially lower credit scores are in homes that could use energy efficiency improvements the most. RESULT: ORDINANCE NO. 058, 2016, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak AWAY: Campana 22. Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP). (Adopted) A. Public Hearing and Resolution 2016-040, Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, and the City’s Affordable Housing Fund and Human Services Program. B. First Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. First Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. 1.3 Packet Pg. 50 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 480 The purpose of this item is to approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Resolution 2016-040 completes the 2016 spring cycle of the Competitive Process for allocating $2,670,034 in City financial resources to affordable housing projects, public service programs and administration of the programs. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. Mayor Troxell opened the public hearing for this item. Eric Sutherland stated he intended to pull the item relating to Fort Fund disbursements. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2016-040. Mayor Pro Tem Horak thanked staff for work on the competitive process noting positive comments from the public are indicative of the success and fairness of the process. Councilmember Stephens thanked the CDBG Commission and staff for their work. RESULT: RESOLUTION 22016-040, ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak AWAY: Campana Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 062, 2016, on First Reading. RESULT: ORDINANCE NO. 062, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Councilmember Stephens made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 063, 2016, on First Reading. RESULT: ORDINANCE NO. 063, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Troxell closed the public hearing on this item. 1.3 Packet Pg. 51 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) May 17, 2016 City of Fort Collins Page 481  OTHER BUSINESS Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 PM on Tuesday, May 24, 2016 so that Council may consider going into executive session to conduct the mid-year performance review of the City Manager, City Attorney and Municipal Judge.  ADJOURNMENT The meeting adjourned at 11:30 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 52 Attachment: May 17, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) City of Fort Collins Page 482 May 24, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Jensen 1. Executive Session Authorized. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into executive session, as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6- 402(4)(f)(I), for the purpose of conducting mid-year performance reviews of the City manager, City Attorney and Municipal Judge. RESULT: APPROVED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 8:45 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.4 Packet Pg. 53 Attachment: May 24, 2016 (4522 : Minutes-5/3, 5/10, 5/17, 5/24) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director SUBJECT Second Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming not Included in the 2016 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2016, appropriates $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other Natural Areas Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 061, 2016 (PDF) 2 Packet Pg. 54 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director SUBJECT First Reading of Ordinance No. 061, 2016 Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Public Improvements and Related Natural Areas Programming not Included in the 2016 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $9,598,100 in prior year reserves and unanticipated revenues in the Natural Areas Fund for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Funding for the Natural Areas Department (NAD) for purposes other than capital projects, lapses each year if not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used. Of the total appropriation, $7,180,000 will be used for land conservation. Over $5M land and water acquisitions are under negotiation; there is a reasonable likelihood that most of these funds will be spent in 2016. In addition to prior year reserves and unspent 2015 appropriations, the Natural Areas Department received $1,769,719 in unanticipated revenues; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2016 adopted City Budget. The funds for the Natural Areas Department come from the following designated sources of revenue, including: the City - Open Space Yes! ¼ Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax revenues, easements, leases or grants. The prior year reserve funds being appropriated in this Ordinance are more specifically described: $7,828,381 Unspent 2015 Budgeted Funds - reappropriated for same purpose $1,769,719 Unanticipated Revenues & Unspent Funds $9,598,100 Prior Year 2015 Reserves The anticipated use of these funds is as follows: ATTACHMENT 1 2.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4480 : SR 061 Natural Areas Appropriation) Agenda Item 7 Item # 7 Page 2 Land Conservation $7,180,000 will fund land conservation efforts per the Natural Areas Master Plan. Education $43,000 will fund unanticipated department needs:  maintain the newly developed NatureTracker web-based registration and volunteer coordination software  new interpretive signs at Soapstone Natural Area (NA)  new interpretive signs at Bobcat Ridge NA. Resource Management $1,153,100 in unspent 2015 funds will fund:  the completion of the restoration of the Shields Pit, POE Pit and Rigden Reservoir along the Poudre River  the new restoration and restoration maintenance  the purchase of a used grasslands fire truck to improve staff’s ability to conduct prescribed burns. Public Improvements $1,079,000 will fund:  $350,000 in paved trails constructed by Parks  ADA parking and trail improvements at Arapaho Bend-Strauss NA trailhead  ADA parking and trail improvements at Riverbend Ponds NA-Cherly Street trailhead  ADA trail improvements, ADA fishing access improvements and vault toilet at North Shields Ponds NA (partially funded by a Fishing is Fun grant)  fencing at new natural area along Spring Creek  crusher fines trail rehabilitation at Bobcat Ridge NA (fully funded by a Pulliam Charitable Trust Grant)  drainage improvements around historic structures at Bobcat Ridge  Powerline Trail repairs at Bobcat Ridge  new trail and bridges at the new natural area at the Evergreen West Pond NA  canoe/kayak slide and trail improvement at Pineridge NA  road and parking lot maintenance at Soapstone NA  trail counters for foothills natural areas  construction of an access road to the newly purchased Legacy and Williams parcels  McMurry bridge repairs and new railing  a used tandem dump truck. Land Management $143,000 will fund:  administrative costs  grazing fencing projects at Soapstone NA and urban sites  water augmentation for Topminnow NA  bird survey at Soapstone and Bobcat to monitor grazing results  two summer interns for wildlife monitoring projects at Soapstone  a utility off trail vehicle for Soapstone. 2.1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4480 : SR 061 Natural Areas Appropriation) Agenda Item 7 Item # 7 Page 3 CITY FINANCIAL IMPACTS The Ordinance increases 2016 appropriations in the City’s Natural Areas Fund by $9,598,100. The requested appropriation of $9,598,100 in the Natural Areas Fund represents 2015 appropriations that were unspent and unencumbered at year-end 2015 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board voted unanimously, at its regular meeting on April 20, 2016, recommending that City Council approve the appropriation. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, April 20, 2016 (PDF) 2.1 Packet Pg. 57 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4480 : SR 061 Natural Areas Appropriation) -1- ORDINANCE NO. 061, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND FOR THE PURPOSE OF LAND CONSERVATION, PUBLIC IMPROVEMENTS AND RELATED NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2016 ADOPTED CITY BUDGET WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of City Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant; 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, City staff recommends appropriating from prior year reserves in the Natural Areas Fund $9,598,100, comprised of $7,828,381 in unspent and unencumbered appropriations from 2015 and $1,769,719 in unanticipated revenue and prior year reserves, to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Natural Areas Fund the sum of NINE MILLION FIVE HUNDRED NINETY EIGHT THOUSAND ONE HUNDRED DOLLARS ($9,598,100) to be used for acquisition, 2.2 Packet Pg. 58 Attachment: Ordinance No. 061, 2016 (4480 : SR 061 Natural Areas Appropriation) -2- construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 59 Attachment: Ordinance No. 061, 2016 (4480 : SR 061 Natural Areas Appropriation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Sharon Thomas, CDBG/HOME Program Administrator SUBJECT Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP). EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. These Ordinances, unanimously adopted on First Reading on May, 17, 2016, approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 062, 2016 (PDF) 3. Ordinance No. 063, 2016 (PDF) 3 Packet Pg. 60 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Sharon Thomas, CDBG/HOME Program Administrator SUBJECT Items Relating to the Completion of the 2016 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program the City’s Affordable Housing Fund (AHF) and the City’s Human Services Program (HSP). EXECUTIVE SUMMARY A. Public Hearing and Resolution 2016-040, Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, and the City’s Affordable Housing Fund and Human Services Program. B. First Reading of Ordinance No. 062, 2016, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. First Reading of Ordinance No. 063, 2016, Appropriating Unanticipated Revenue in the HOME Investments Partnerships Fund. The purpose of this item is to approve funding recommendations of the 2016 spring cycle of the Competitive Process and appropriate federal dollars. Resolution 2016-040 completes the 2016 spring cycle of the Competitive Process for allocating $2,670,034 in City financial resources to affordable housing projects, public service programs and administration of the programs. Ordinance No. 062, 2016 appropriates the City’s FY2016 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG unprogrammed funds and Program Income from FY2015 and FY2014. Ordinance No. 063, 2016, appropriates the City’s FY2016 HOME Participating Jurisdiction (PJ) Grant from HUD and HOME Program Income from FY 2015 and FY 2014. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading. BACKGROUND / DISCUSSION Resolution 2016-XXX, establishes which programs and projects will receive funding with CDBG, HOME, AHF and HSP funds for the FY2016 program year that begins October 1, 2016. AHF and HSP funds are allocated from the General Fund (GF) and Keep Fort Collins Great (KFCG). In 2016 the total available dollar amount is $3,623,535. The following table shows available dollars in each funding category: FY2016 Funding Categories Funding Source Amount FY2016 Housing $2,501,907 FY2016 Public (Human) Service $809,857 FY 2016 Planning and Administration $311,771 ATTACHMENT 1 3.1 Packet Pg. 61 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process) Agenda Item 8 Item # 8 Page 2 Total $3,623,535 Available CDBG money for FY2016 is $1,491,713. Unprogrammed funds represent previously committed funds that are available for re-allocation in the housing category only. Program income includes repayments from loans issued for rehabilitation, homebuyer assistance, acquisition and development. HUD regulations allow a maximum of 20% of CDBG Entitlement grant and current year (FY2015) Uncommitted Program Income funds to be used for CDBG planning and program administration. This equals $189,977 of Entitlement and $36,968 of Uncommitted funds, for a total of $226,945. The maximum limit allowed by HUD regulations in the Public (Human) Service category for the CDBG Entitlement grant and current year CDBG Program Income is 15%. Allowable CDBG funds in this category total $170,209: $142,483 from the CDBG Entitlement grant and $27,726 from CDBG FY2015 Program Income. The following table provides a summary of 2016 CDBG funding sources: FY2016 CDBG Funding Sources Funding Source Amount FY2016 CDBG Entitlement (EN) Grant $949,887 FY2015 CDBG Unprogrammed $286,393 FY2014 CDBG Unprogrammed $3,684 FY2015 CDBG Program Income Uncommitted EN $184,845 FY2014 CDBG Program Income Uncommitted EN $66,904 Total $1,491,713 The City’s contribution to Public (Human) Service category is $639,648. The following table provides a summary of 2016 HSP funding sources: FY2016 HSP Funding Sources Funding SourceAmount FY2016 HSP GF $389,601 FY2016 HSP KFCG $250,047 Total $639,648 In January of 2015 City Council approved allocating HOME and AHF funds in the spring cycle of the Competitive Process rather than holding them for allocation in the fall (Resolution 2015-009). Therefore, all funds are available for allocation during the spring cycle of the Competitive Process. 3.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process) Agenda Item 8 Item # 8 Page 3 Total HOME money for FY2016 is $967,127. HUD regulations allow a maximum of 10% of the HOME Grant ($53,967) and HOME FY2015 Program Income ($30,859) for a total of $84,826, to be used for HOME program administrative purposes. HUD regulations also require a 15% set-aside of the HOME Grant, $80,952 and the current year HOME Program Income, $77,923, for Community Housing Development Organizations (CHDOs). Fort Collins currently has one CHDO, Habitat for Humanity. The following table summarizes the 2016 HOME funding sources: FY2016 HOME Funding Sources Funding Source Amount FY2016 HOME PJ Grant $539,676 FY2015 HOME Program Income $308,747 FY2014 HOME Program Income $118,704 Total $967,127 The City’s contribution to the housing category is $525,047. The following table summarizes the 2016 AHF funding sources: FY2016 AHF Funding Sources Funding SourceAmount FY2016 AHF GF $325,047 FY2016 AHF KFCG $200,000 Total $525,047 The following table summarizes the total funding amount and sources of all available CDBG, HOME, HSP and AHF funds for distribution during the 2016 spring cycle of the Competitive Process and how the funding is distributed among the three categories: Available Funding for FY2016 Funding Source Funding Amount Administration CDBG Grant (Maximum of 20% of CDBG Grant) Administration HOME Grant (Maximum of 10% of HOME Grant) Public Service (Maximum of 15% of CDBG Grant) Housing FY2016 CDBG Grant $949,887 $189,977 $0 $142,483 $617,427 FY2015 CDBG Unprogrammed $286,393 $0 $0 $0 $286,393 FY2014 CDBG Unprogrammed $3,684 $0 $0 $0 $3,684 FY2015 CDBG PI Uncommitted $184,845 $36,968 $0 $27,726 $120,151 FY2014 CDBG PI Uncommitted Agenda Item 8 Item # 8 Page 4 FY2016 AHF KFCG $200,000 $0 $0 $0 $200,000 Total Available Funding $3,623,535 $226,945 $84,826 $809,857 $2,501,9 07 The City received 42 housing and public service applications totaling $3,958,263. In the housing category, 5 proposals were received totaling $2,505,000. The Fort Collins Housing Authority withdrew their proposal for $1,600,000 prior to the funding deliberations meeting, leaving 4 applications with requests of $905,000. An excess of $1,596,907 of housing dollars is available for allocation in the 2016 fall cycle of the Competitive Process. In the Public Service category 37 applications were received totaling $1,453,263. There is a shortage in public service dollars of $643,406. Staff requested $311,771 of CDBG and HOME dollars for program administration. The following table summarizes the amount of funding requests compared to the amount of funding available for each of the categories: FY2016 Funding Requests by Category Category Number of Applications Available Funding Requested Funding Available - Request Difference Administration - CDBG * $226,945 $226,945 $0 Administration - HOME * $84,826 $84,826 $0 Housing 4 $2,501,907 $905,000 $1,596,907 Public (Human) Services 37 $809,857 $1,453,263 -$643,406 Totals 41 $3,623,535 $2,670,034 $953,501 CITY FINANCIAL IMPACTS The CDBG and HOME programs provide federal funds from HUD to the City of Fort Collins which can be allocated to housing and community development related programs and projects and administration of the funds, thereby, reducing the demand on the City’s General Fund budget to address such needs. In FY2016, the total amount of federal funds available for allocation is $2,458,840 and the City’s contribution is $1,164,695. These dollars allow applicants to leverage other funding sources to provide needed services in our community. Through the provision of affordable housing, more of Fort Collins’ work force can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. Public (human) service programs contribute to economic sustainability and homelessness prevention by providing such programs as education, childcare, rent assistance and housing counseling, so workers can maintain their employment and housing. By providing funding to these programs for needed upgrades to their facilities or for partial purchase of service locations, the agencies are better able to utilize other available funds to serve their clients. BOARD / COMMISSION RECOMMENDATION The CDBG Commission recommends adoption of their funding recommendations made on April 14, 2016. The Commission read all applications, watched presentations by each applicant, and asked clarifying questions. In addition, they reviewed the priority rankings of the Affordable Housing Board and the goals of the Affordable Housing Strategic Plan. In the Public Service category they considered the theme areas of the Social Sustainability Strategic Plan. The following tables present the allocations recommended by the Commission to City Council within each major category: 3.1 Packet Pg. 64 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process) Agenda Item 8 Item # 8 Page 5 Planning and Administration Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded City of Fort Collins: CDBG Administration/Planning $226,945 $226,945 $0 100% City of Fort Collins: HOME Administration/Planning $84,826 $84,826 $0 100% Administration/Planning Total $311,771 311,771 $0 100% With enough funding dollars in the Housing category, and with good proposals submitted, the CDBG Commission is recommending full funding for all four housing proposals. Those recommendations are listed in the table below: Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded Habitat for Humanity: Harmony Cottages $480,000 $480,000 $0 100% Hendricks Communities: Northern Hotel $250,000 $250,000 $0 100% Loveland Housing Development Corp.: Larimer Home Improvement Program $150,000 $150,000 $0 100% Neighbor to Neighbor: Aztec Siding Repair and Paint $25,000 $25,000 $0 100% Housing Total $905,000 $905,000 $0 In the Public (Human) Service category 37 proposals were received and 32 are being recommended for funding, ranging from 24% to 100%. Five proposals are not being recommended for funding. There is a funding gap of $643,406. Those recommendations are listed in the table below: Public Service Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Agenda Item 8 Item # 8 Page 6 Bodies Program Crossroads Safehouse: Advocacy Project $68,502 $39,010 $29,492 57% Disabled Resource Services: Access to Independence $29,836 $25,000 $4,836 84% Elderhaus Adult Day Program: Community Based Therapeutic Care $56,000 $38,500 $17,500 69% Ensight Skills Center: Low Vision Program $15,000 $0 $15,000 0% Food Bank for Larimer County: Kids Café $30,000 $23,500 $6,500 78% Health District of Northern Larimer County: Dental Connections $33,450 $18,500 $14,950 55% Homeless Gear: Murphy Center Support $56,000 $30,000 $26,000 54% Homeless Gear: Program Support $30,000 $30,000 $0 100% Homelessness Prevention Initiative: Emergency Rental Assistance $40,500 $0 $40,500 0% Voices Carry (formerly Larimer County) Child Advocacy Center: Victim Services $25,000 $22,000 $3,000 88% The Matthews House: Education and Employment Center $30,000 $12,000 $18,000 40% The Matthews House: Empowering Youth Program $36,000 $20,000 $16,000 56% Neighbor to Neighbor: Housing Counseling $60,000 $32,500 $27,500 54% Neighbor to Neighbor: Rent Assistance $40,000 $39,011 $989 98% Project Self-Sufficiency: Services for Single-Parent Families $35,000 $30,000 $5,000 86% Rehabilitation and Visiting Nurse Association: Home Health Care Scholarships $35,000 $25,000 $10,000 71% Respite Care Inc.: Childcare Scholarships $35,000 $30,000 $5,000 86% SAVA Center: Sexual Assault Victim Services $50,000 $22,000 $28,000 44% SummitStone Health Partners: Community Behavioral Health Treatment Program $68,010 $25,000 $43,010 37% SummitStone Health Partners: Mental Agenda Item 8 Item # 8 Page 7 Turning Point Center for Youth and Family Development: Crisis Intervention Services $25,000 $12,500 $12,500 50% Volunteers of America: Home Delivered Meal Service $35,000 $31,000 $4,000 89% Public Service Total $1,453,263 $809,857 $643,406 56% A summary of the funding recommendations by category is presented in the following table: Funding Recommendations by Category Category Recommended Funding % of Total CDBG and HOME Program Administration $311,771 15% Housing $905,000 45% Public Service $809,857 40% Total $2,026,568 100% Justifications for the CDBG Commission’s recommendations can be found in April 14, 2016, not yet approved meeting minutes (Attachment 1). PUBLIC OUTREACH Applicants had the opportunity to make presentations to the CDBG Commission on four evenings in March, 2016 and held a meeting on April 14, 2016 to deliberate the proposals and make funding recommendations. All meetings were open to the public and added to the City calendar. HUD regulations require a 30-day public comment period on the proposed allocation of CDBG and HOME funds. Staff placed an ad in the Coloradoan newspaper on April 17, 2016 presenting the list of recommended funding for programs/projects and indicated the public comment period would start on April 18, 2016, and end on May 17, 2016. The public notice of funding recommendations was placed on the Social Sustainability Department’s website. It was also distributed to 12 entities serving a majority of clients in legally protected classes-including those in a racial/ethnic minority, those with a disability, or female heads of households-or serving those community members who might otherwise have barriers to public participation in the City’s civic engagement processes. To date no public comments have been received. ATTACHMENTS 1. CDBG Commission Deliberations April 14 2016 Draft (PDF) 2. Background and Summary of CDBG Recommendations (PDF) 3. Background on the Competitive Process (PDF) 4. CDBG and HOME Background Information (PDF) 5. CDBG Ranking Comments (PDF) 3.1 Packet Pg. 67 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process) -1- ORDINANCE NO. 062, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City will receive in federal fiscal year 2016-2017 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds totaling $949,887; and WHEREAS, the City has received unanticipated CDBG program income in the amount of $251,749; and WHEREAS, the City also has unprogrammed CDBG 2015-2016 funds ($286,393) and unprogrammed CDBG 2014-2015 funds ($3,684) that will be reprogrammed to the 2016-2017 competitive process; and WHEREAS, Article V, Section 9, of the City Charter permits 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 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, City staff has determined that the appropriation of all unanticipated CDBG grant and program revenue as described herein will not result in total appropriations in excess of the current estimate of actual and anticipated revenues for fiscal year 2016. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2016-2017 into the Community Development Block Grant Fund, the sum of NINE HUNDRED FORTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-SEVEN DOLLARS ($949,887), upon receipt thereof for federal fiscal year 2016-2017 Community Development Block Grant projects. Section 3. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof into the Community Development Block Grant Fund, the sum of TWO HUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED FORTY- 3.2 Packet Pg. 68 Attachment: Ordinance No. 062, 2016 (4481 : SR 062 063 2016 Spring Competitive Process) -2- NINE DOLLARS ($251,749), for approved Community Development Block Grant projects. Section 4. That the unexpended and unencumbered amount of TWO HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED NINETY-THREE DOLLARS ($286,393) is hereby authorized for transfer from the 2015-2016 Community Development Block Grant Program to the 2016-2017 Community Development Block Grant Program and appropriated therein. Section 5. That the unexpended and unencumbered amount of THREE THOUSAND SIX HUNDRED EIGHTY-FOUR DOLLARS ($3,684) is hereby authorized for transfer from the 2014-2015 Community Development Block Grant Program to the 2016-2017 Community Development Block Grant Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 69 Attachment: Ordinance No. 062, 2016 (4481 : SR 062 063 2016 Spring Competitive Process) -1- ORDINANCE NO. 063, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities that would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City has been notified by HUD that the City’s HOME Participating Jurisdiction Grant for the federal fiscal year 2016-2017 is $539,676; and WHEREAS, the City also received unanticipated HOME Program program income in the amount of $427,451; 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, do not exceed the then 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 HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2016 fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the fiscal year until the expiration of the federal grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 3.3 Packet Pg. 70 Attachment: Ordinance No. 063, 2016 (4481 : SR 062 063 2016 Spring Competitive Process) -2- Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2016-2017 in the HOME Program Fund the sum of FIVE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED SEVENTY-SIX DOLLARS ($539,676), upon receipt from federal fiscal year 2016-2017 HOME Participating Jurisdiction Grant Funds. Section 3. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fund the sum of FOUR HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED FIFTY-ONE DOLLARS ($427,451), for approved HOME Program projects. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.3 Packet Pg. 71 Attachment: Ordinance No. 063, 2016 (4481 : SR 062 063 2016 Spring Competitive Process) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF John Voss, Controller/Assistant Financial Officer Lisa Rosintoski, Utilities Customer Connections Manager SUBJECT Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. Second Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. These Ordinances, unanimously adopted on First Reading on May 17, 2016, update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have formal procedures in place in order to assume ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but needs updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee reviewed these changes as found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 064, 2016 (PDF) 3. Ordinance No. 065, 2016 (PDF) 4 Packet Pg. 72 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF John Voss, Controller/Assistant Financial Officer Lisa Rosintoski, Utilities Customer Connections Manager SUBJECT Items Relating to Updating the Code of the City of Fort Collins Pertaining to Unclaimed and Abandoned Intangible Personal Property. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 064, 2016, Amending Section 23-130 of the Code of the City of Fort Collins and Adding a Division 4 to Article IV in City Code Chapter 23 to Provide New Procedures for the City’s Disposition of Unclaimed and Abandoned Intangible Personal Property. B. First Reading of Ordinance No. 065, 2016, Codifying the Utilities Payment Assistance Program and Amending Chapter 26 of the Code of the City of Fort Collins to Authorize Expenditure of Amounts Donated to the Program and Forfeited Unclaimed and Abandoned Intangible Personal Property Held by the Utilities Pursuant to Division 4, Article IV of Chapter 23 of the Code. The purpose of this item is to update City Code for the processing of unclaimed and abandoned intangible personal property owned by others that is in the City’s possession for various reasons. State law authorizes local governments to have formal procedures in place in order to assume ownership of unclaimed and abandoned intangible personal property. Alternatively, the City would have to turn the property over to the State of Colorado. Existing City Code Section 23-130 has provided these formal procedures but they are in need of updating. On April 18, 2016, the Council Finance Committee reviewed the proposed changes and recommended that this item be presented to the City Council for consideration. However, since the Committee reviewed these changes as found in Ordinance No. 064, 2016, this Ordinance has been revised to clarify how intangible property coming into the City’s possession through law enforcement activities or as lost and found property will be disposed of under the Ordinance. Proposed changes to Chapter 26-Utilities are also included to recognize how unclaimed funds from the utility enterprises will be managed once they are declared forfeited under Chapter 23. Ordinance No. 065, 2016, amending Chapter 26 provides that such unclaimed and forfeited utilities funds are directed to the Payment Assistance Program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The City holds primarily three types of unclaimed intangible personal properties: uncashed checks, credit balances on utility customer accounts, and unclaimed construction related deposit escrows. Average annual amounts that go unclaimed are about $60,000 on 180 checks not cashed and $43,000 from credit balances on 950 Utility customer accounts. Unclaimed construction deposit escrows are uncommon. The proposed new process is summarized as follows:  After 1 year without the owner claiming the property, the property is presumed abandoned ATTACHMENT 1 4.1 Packet Pg. 73 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4482 : SR 064 065 Unclaimed/Abandoned Intangible Agenda Item 9 Item # 9 Page 2  Notices then distributed o All abandoned properties will be listed on city website fcgov.com o Letters written to last known address of owner for amounts $125 or more, or emailed if known  Claimants have 1 year to file proof of claim  If proof of claim is not filed timely, the intangible personal property is forfeited to the City Staff plans to initiate the notification process in batches once a year. Upon the forfeiture of the property the fund holding the assets retains them for purposes of that fund, except for utility funds. Forfeited property held by the utility funds will be transferred to the Payment Assistance Program. Since the Council Finance Committee reviewed at its April 18th meeting these proposed changes to the disposition procedures for intangible personal property, the provisions of Ordinance No. 064, 2016, have been revised. This Ordinance has been revised to further clarify how intangible personal property seized or otherwise acquired by the City through its law enforcement activities or delivered to the City, usually to Police Services, by persons who have found lost or abandoned property, which is often money, will be disposed of under the Ordinance. Section 23-131 has been revised to make it clear that intangible personal property seized or otherwise acquired in the City’s law enforcement activities will not be subject to disposition under this Ordinance unless and until the property is no longer needed for law enforcement purposes, it is not being disposed of within the law enforcement process, and the property remains unclaimed by the owner of the property. In such event, the property is to be disposed of in accordance with the same procedures set out in the Ordinance for other intangible personal property. Section 23-138 has been added to address the disposition of lost and found property. By its nature, lost and found property has two possible claimants to ownership: the owner of the property at the time it was lost or abandoned by that owner and the person finding the property. Under the laws governing property rights, if the original owner does not claim the property, the finder is entitled to claim ownership of it. The procedures in Section 23-138 provide for a shorter 90-day notice period than for the other kinds of intangible personal property in the City’s possession and recognize the finder’s claim to ownership if the original owner does not come forward to claim the property. If neither the original owner nor the finder claims the property, the ownership of the property is forfeited to and vested in the City. The second recommended Ordinance (No. 064) amends the provisions of Chapter 26 – Utilities to provide that utility funds that are unclaimed and forfeited under Chapter 23 will be directed to the Utilities’ Payment Assistant Program (the “Program”). The purpose of the Program is to provide financial assistance to residential utility customers experiencing financial hardship in order to maintain utility services. The Program has been in existence since 2004 and qualifies as an “Alternative Energy Assistance Program” under the Colorado Low-Income Energy Assistance Act (the “Act”) created under CRS §40-8.7 101, et seq. The Act requires investor-owned utilities to contribute unclaimed funds to a state low-income energy assistance program and permits municipal utilities to create a local payment assistance program in lieu of contributing to the state fund. The Program financial criteria provides temporary assistance to residential utility customers experiencing financial challenges, including but not limited to seniors on fixed incomes, disabled customers, and low-income individuals. CITY FINANCIAL IMPACTS Forfeited monies held by the Utility Funds will be used in the Payment Assistance Program. All others will be retained by the fund holding the forfeited intangible personal property. The annual amount of all forfeited intangible personal properties is about $100,000. Spending these monies shall remain subject to City Council Appropriation. 4.1 Packet Pg. 74 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4482 : SR 064 065 Unclaimed/Abandoned Intangible Agenda Item 9 Item # 9 Page 3 BOARD / COMMISSION RECOMMENDATION The Council Finance Committee approved the proposed changes to the Code at its meeting on April 18, 2016. In addition, Utilities staff presented the Low Income Assistance Program, which included the unclaimed funds proposal, to both Energy Board and Water Board on February 4, 2016, and February 18, 2016, respectively. In addition, Utilities staff presented the Low Income Assistance Program, which included the unclaimed funds proposal, to both Energy Board and Water Board on February 4, 2016, and January 21, 2016, respectively, and they each recommended approval. ATTACHMENTS 1. Council Finance Committee Minutes April 18, 2016 (PDF) 2. Water Board Minutes January 21, 2016 (PDF) 3. Energy Board Minutes February 4, 2016 (PDF) 4.1 Packet Pg. 75 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4482 : SR 064 065 Unclaimed/Abandoned Intangible -1- ORDINANCE NO. 064, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-130 OF THE CODE OF THE CITY OF FORT COLLINS AND ADDING A DIVISION 4 TO ARTICLE IV IN CITY CODE CHAPTER 23 TO PROVIDE NEW PROCEDURES FOR THE CITY’S DISPOSITION OF UNCLAIMED AND ABANDONED INTANGIBLE PERSONAL PROPERTY WHEREAS, the City and its various service areas, utilities, departments and divisions routinely acquire possession of personal property owned by others; and WHEREAS, this property is both tangible personal property (i.e., bicycles, equipment and similar items having a physical existence) and intangible personal property (i.e., money owed, utility deposits and similar property having a value unrelated to any physical existence); and WHEREAS, when both tangible and intangible personal property owned by others comes into the City’s possession and remains unclaimed by the owner, the City is currently required to dispose of this property using the same procedures set out in City Code Section 23-130; and WHEREAS, staff is recommending that Section 23-130 be updated to provide separate disposition procedures for tangible and intangible personal property because of the different natures of these two types of property and the differences in the ways that the City typically acquires possession of these properties; and WHEREAS, this Ordinance sets forth the new procedures that will be followed for the City’s disposition of unclaimed or abandoned intangible personal property; and WHEREAS, without the current disposition procedures in Section 23-130 or the new procedures in this Ordinance, the City would be required to periodically deliver such unclaimed and abandoned intangible personal property to the Colorado State Treasurer for disposition in accordance with the Colorado Unclaimed Property Act in Article 13 of Title 38 of the Colorado Revised Statutes (the “Act”); and WHEREAS, the City Council finds that the adoption of this Ordinance is in the City’s best interest and will contribute to the fair and efficient administration of the City’s disposition of intangible personal property coming into its possession that remains unclaimed or has been abandoned by the owner; and WHEREAS, the City Council also hereby determines that it intends, in the exercise of the City’s home rule authority and as authorized in C.R.S. Section 38-13-134, that the disposition procedures for unclaimed and abandoned intangible personal property set forth in this Ordinance shall supersede and replace in all respects any and all conflicting provisions in the Act. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 4.2 Packet Pg. 76 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. 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, by Division 4 of this Article, or by other ordinance, 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: . . . Section 3. That Chapter 23, Article IV is hereby amended by the addition of a new Division 4 which reads in its entirety as follows: Division 4 Intangible Personal Property Sec. 23-131 Applicability. This Division shall only be applicable to property the City acquires in the ordinary course of the City’s operations, excluding property seized or otherwise acquired by the City in connection with a criminal investigation conducted by City law enforcement officials that is being held in connection with the investigation or any resulting prosecution except as set forth in this Section. Once such criminal investigation property is no longer needed for the investigation or any resulting prosecution, if the property is not to be disposed of as required by a court order issued in the prosecution or as required by the abatement of public nuisance provisions in Part 3 of Article 13 of Title 16 of the Colorado Revised Statutes, and the property remains unclaimed by the owner, said property shall be deemed abandoned as provided in §23-133(a) and disposed of in accordance with the applicable provisions of this Division. Sec. 23-132 Definitions. The following words, terms and phrases when used in this Division shall have the meaning given to them in this Section, unless the context requires otherwise: Financial Officer shall mean the City’s Financial Officer or such person’s designee. Lost property shall mean property that has been lost or abandoned by the owner and found by another person and that person has delivered the property to the City for the owner to claim. 4.2 Packet Pg. 77 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -3- Last-known address shall mean the most recent address in the City’s records sufficient for the delivery of mail to the owner. Owner shall mean the person whose name appears in the City’s records as the person entitled to property held, issued, or owing by the City or such other person that may be known to the Financial Officer as potentially entitled to ownership of such property. Person shall mean an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity. Potentially entitled to ownership of property shall mean having a claim to property as the depositor in the case of a deposit or a creditor, claimant, or payee in the case of other intangible property; the owner of lost property; the finder of lost property; or by having demonstrated any other legal or equitable interest in the property. Property shall mean all moneys, checks, drafts, deposits, account credits, overpayments, unused advance payments, refunds, rebates, uncollected remittances, and any other intangible personal property. Utilities shall mean the City’s electric, water, wastewater, stormwater, and any other utilities established under the Charter or Code. Sec. 23-133 Property presumed abandoned. (a) Except as provided by paragraphs (b) and (d) of this Section, all property that is held, issued, or owing in the ordinary course of the City’s operations and has remained unclaimed by the owner for more than one (1) year after it became owing, payable, or distributable, less any offsets authorized in §23-136, is presumed abandoned. (b) Any unused utility deposit, unused advance payment paid to and held by the utilities for utility services to be furnished, and any other unused customer account credit owing by utilities that remains unclaimed by the owner for more than one (1) year after termination of the utility service to which the deposit, advance payment, or account credit pertains, less any offsets authorized in §23-136, is presumed abandoned. (c) Property is owing, payable, or distributable for the purposes of this Division notwithstanding the owner’s failure to make demand or to present to the City any instrument or document required to receive payment from the City. (d) Lost property shall not be presumed abandoned, but shall be disposed of in accordance with the requirements of §23-138. Sec. 23-134 Notice of abandoned property. 4.2 Packet Pg. 78 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -4- (a) When the Financial Officer determines that property is presumed abandoned under §23-133, the Financial Officer shall cause the following notices to be provided regarding that property: (1) There shall be posted on the City’s website and easily accessible for public inspection, an alphabetical list of the names of the owners of abandoned property with a general description of the abandoned property corresponding to each name and this posting for the property shall remain on the City’s website until the property is disposed of pursuant to this Division; and (2) There shall be sent by first-class mail to the last-known addresses of the owners a written notice advising them of the property the City holds that is presumed abandoned under this Division. However, a notice need not be mailed to an owner if the value of the property is less than one hundred and twenty five dollars ($125). In addition, if the City has in its records an email address for the owner, the notice shall be emailed to that address regardless of the value of the property. (b) The notices required in paragraph (a) of this Section shall include the following additional information: (1) a statement that information concerning the property may be obtained by any person possessing an interest in the property by sending or making an inquiry to the Financial Officer at a stated mailing address, email address, and telephone number, each established by the Financial Officer for responding to such inquiries; (2) a statement that any person claiming an interest in the property must timely file a proof of claim with the Financial Officer as required in §23-135 and a statement of the final date by which it will be considered timely filed under §23- 135; and (3) the proof of claim form required to be filed under §23-135, which form shall be printable and downloadable from the City’s website. Sec. 23-135 Filing proof of claim and Financial Officer’s decision. (a) A person claiming an interest as an owner of any property presumed abandoned under this Division shall file with the Financial Officer a completed proof of claim on a form prescribed by the Financial Officer. That form must be filed with the Financial Officer not more than one (1) year after the later of: (i) the date of the initial posting of the notice on the City’s website, and (ii) the date of the mailing of the written notice, as both are required under §23-134. If helpful to identify the claimant as the owner of the abandoned proper or if needed for tax purposes, the Financial Officer may require the claimant to include on the proof of claim form his or her social security number or its 4.2 Packet Pg. 79 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -5- federal employer identification number, as applicable. The social security number or federal employer identification number shall be kept confidential by the City to the full extent permitted by law. (b) The Financial Officer shall consider each claim and give written notice within ninety (90) days after the filing of the claim to the claimant if the claim is denied in whole or part or if the Financial Officer intends to seek a judicial determination as provide in paragraph (d) of this Section. The notice may be given by sending it by first- class mail to the mailing address and to the email address stated in the proof of claim by the claimant as the addresses to which such notice is to be sent. No notice of denial need be sent to claimant if the proof of claim fails to state mailing and email addresses to which such notice is to be sent to the claimant. (c) If the claim is allowed by the Financial Officer, the City shall pay over or deliver to the claimant the property, but less any offsets authorized in §23-136. The Financial Officer may condition such delivery to the claimant by requiring the claimant to provide the City with such signed written releases and indemnification agreements as the Financial Officer determines are reasonably necessary to protect the City from future claims of other persons claiming ownership to the property. (d) If the Financial Officer receives more than one conflicting claim to any property or if the Financial Officer determines, after consultation with the City Attorney, that it is in the City’s best interest to seek a judicial determination concerning any claim, the City Attorney is authorized to seek that judicial determination by filing an action in either Larimer County District Court or in Municipal Court. (e) A claimant aggrieved by a decision of the Financial Officer or whose claim has not been acted upon by the Financial Officer within ninety (90) days after the person’s filing of a proof of claim under this Section, may bring an action in Larimer County District Court or in Municipal Court to establish the claim, naming the City as a defendant. The action must be brought within one hundred eighty (180) days after the Financial Officer’s decision or within one (1) year after the person’s filing of the proof of claim if the Financial Officer has failed to act on it. Sec. 23-136 City offsets and interest. The Financial Officer may offset from any monetary amount owed and paid to a claimant under §23-135 any fees, charges, taxes, fines, penalties, interest, costs, and any other amounts owed to the City by the claimant under any contract with the City, under this Code, or under any other law. The City shall have no obligation to pay to the owner and the owner shall have no right to receive any interest on any property paid or distributed to the owner pursuant to this Division. Sec. 23-137 Forfeiture, use and sale of abandoned property. 4.2 Packet Pg. 80 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -6- (a) If a proof of claim for property presumed abandoned under §23-133, and for which the notices required by §23-134 have been provided, is not timely filed with the Financial Officer as required by §23-135(a), the property shall be deemed forfeited to the City and ownership and title to that property shall vest in the City. Such forfeiture and vesting of ownership and title shall occur as of the day immediately following the last day for the filing a proof of claim under §23-135(a). In such event, the City may retain the property for its own use or sale the property as provided in paragraphs (c) and (d) of this Section. (b) When a proof of claim has been timely filed under §23-135 and the Financial Officer has either not timely issued a decision concerning the claim or issued a decision denying the claim in whole or part, the claimant’s failure to file an action in Larimer County District Court or Municipal Court within the applicable time period required in §23-135(e) in order to establish that claim, the property shall be deemed forfeited to the City and ownership and title to that property shall vest in the City. Such forfeiture and vesting of ownership and title shall occur as of the day immediately following the claimant’s last day for filing a judicial action to establish the claim not acted on or denied by the Financial Officer under §25-135(e). In such event, the City may retain the property for its own use or sale as provided in paragraphs (c) and (d) of this Section. (c) If the forfeited property is money or is easily converted to cash, the City may retain and use these monies for the purposes authorized for the City fund within which these monies are deposited and accounted for or for any other purpose authorized by City Council, unless the forfeited property was being held by any of the utilities. The funds from utilities-held property shall be deposited in the account of the Utilities Payment Assistance Program established in §26-722 and used for the purposes authorized in that Section. (d) If the forfeited property is not money or is not easily converted to cash, the Financial Officer shall sell the property to the highest bidder at a public sale or sell by using a regulated market or exchange, using the method that in the judgment of the Financial Officer is most favorable to the City. The Financial Officer may decline the highest bid and reoffer the property for sale if in the judgment of the Financial Officer the bid is insufficient. If in the judgment of the Financial Officer the probable cost of sale exceeds the value of the property, it need not be offered for sale. If the property is to be sold at a public sale rather than through a regulated market or exchange, that sale must be preceded by a single publication of notice, at least three (3) weeks before sale, in a newspaper of general circulation in the county where the property is to be sold. The proceeds from the sale of property under this paragraph (d) may be used by the City for any purpose authorized by City Council, unless the property sold was being held by any of the utilities. The proceeds from the sale of utilities-held property shall be deposited in the account of the Utilities Payment Assistance Program established in §26-722 and used for the purposes authorized in that Section. 4.2 Packet Pg. 81 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -7- (e) The purchaser of property at any sale conducted by the Financial Officer under this Section takes the property free of all claims of any and all owners of the property and of all persons claiming through or under them. The Financial Officer shall execute all documents necessary to complete the transfer of ownership of the property to the purchaser. Sec. 23-138 Lost property. (a) When lost property is delivered to the City, the Financial Officer shall cause to be posted on the City’s website in a manner readily accessible by the public a written notice concerning the lost property. The notice shall generally describe the lost property and be posted on the City’s website for a period of not less than ninety (90) days. Also posted with the notice shall be a printable and downloadable proof of claim form prescribed by the Financial Officer. The notice shall also state the date by which a proof of claim must be filed with Financial Officer as required in paragraph (b) of this Section. (b) Any person claiming to be the owner of the lost property, including the person finding and delivering the lost property to the City, must file a completed proof of claim with the Financial Officer on or before the date stated in the notice posted under paragraph (a) of this Section. Within sixty (60) days after that date, the Financial Officer shall consider each proof of claim timely filed and take one of the following actions: (1) If the Financial Officer determines that any of the claimants is the person who owned the lost property at the time it was found, the Financial Officer may deliver the lost property to that claimant; (2) If the Financial Officer determines that none of the claimants is the person who owned the lost property at the time it was found, the Financial Officer may deliver the lost property to the claimant who found and delivered the lost property to the City; or (3) If the Financial Officer determines, after consultation with the City Attorney, that it is in the City’s best interest to seek a judicial determination concerning any claim or conflicting claims, the City Attorney is authorized to seek that judicial determination by filing an action either in Larimer County District Court or in Municipal Court. (c) Before delivering the lost property to a claimant as provide in subparagraphs (1) and (2) of paragraph (b) of this Section, the Financial Officer may require the claimant to provide the City with such signed written releases and indemnification agreements as the Financial Officer may determine are reasonably necessary to protect the City from future claims of other persons claiming ownership to the lost property. (d) In the event no proof of claim is timely filed with the Financial Officer in accordance with this Section, the lost property shall be deemed forfeited to the City and ownership and title to the lost property shall vest in the City. Such forfeiture and vesting 4.2 Packet Pg. 82 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -8- shall occur as of the day immediately following the last day for the filing of a proof of claim as provide in paragraph (b) of this Section. In such event, the City may retain the lost property for its own use as provided in paragraph (c) of §23-137 or sell the lost property as provided in paragraphs (d) and (e) of §23-137. (e) Any person who finds lost property while performing his or her duties as a City employee shall not be considered as the finder of lost property under this Section and any legal rights to ownership of that lost property that might accrue to the City employee shall be deemed to be the City’s ownership rights as the employee’s employer. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.2 Packet Pg. 83 Attachment: Ordinance No. 064, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -1- ORDINANCE NO. 065, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS CODIFYING THE UTILITIES PAYMENT ASSISTANCE PROGRAM AND AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE EXPENDITURE OF AMOUNTS DONATED TO THE PROGRAM AND FORFEITED UNCLAIMED AND ABANDONED INTANGIBLE PERSONAL PROPERTY HELD BY THE UTILITIES PURSUANT TO DIVISION 4, ARTICLE IV OF CHAPTER 23 OF THE CODE WHEREAS, in 2004, the City began a utility payment assistance program for the City’s residential electric and water service customers who meet certain financial criteria, known as the Payment Assistance Program (the “Program”); and WHEREAS, the purpose of the Program is to provide financial assistance to residential utility customers experiencing a financial crisis so they may remain current with their utility bills and avoid the shut-off of utility services; and WHEREAS, the Colorado Low-Income Energy Assistance Act, codified at Colorado Revised Statutes Sections 40-8.7-101 et seq., requires investor-owned utilities to contribute to a state low-income energy assistance payment program (LEAP), and calls for municipal utilities to create their own local payment assistance programs; and WHEREAS, the Program qualifies as a local energy assistance payment program under the Low-Income Energy Assistance Act; and WHEREAS, the City administers the Program through a services agreement with a third party -- Catholic Charities Northern from January 2004 through 2015, and currently Energy Outreach Colorado; and WHEREAS, until recently, the City has funded the Program exclusively through donations from Fort Collins Utilities customers, and beginning in 2016, the Program has also received matching funds from Energy Outreach Colorado, with one hundred percent of the funds donated being used to administer emergency financial assistance for City utility customers; and WHEREAS, the Program financial criteria direct temporary residential assistance to financially-challenged customers who have received a past due utility bill notice, including but not limited to seniors on fixed incomes, disabled customers, and low-income individuals; and WHEREAS, the Program grew from helping 218 customers with $16,680 in donations in 2004, to the current five-year average (for 2011 through 2015) of helping 339 customers annually with approximately $36,475 in annual donations; and WHEREAS, in recent years, a continual increase in the number of utility customers seeking utility bill assistance has out-paced the annual rate of donations to the Program; and 4.3 Packet Pg. 84 Attachment: Ordinance No. 065, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -2- WHEREAS, consistent with the Unclaimed Property Act and Unclaimed Utility Deposit Act, codified at Colorado Revised Statutes Section 38-13-101 et seq., and Section 40-8.5-106, respectively, the City has adopted in Division 4 of Article IV of the City Code Chapter 23 procedures for the disposition of unclaimed and abandoned intangible personal property held by Utilities, such as account credit balances, escrows, overpayments, and deposits (“Unclaimed Property Procedures”); and WHEREAS, pursuant to the Unclaimed Property Procedures, the funds coming from the utility service account credit balances, escrows, overpayments, deposits, and other intangible personal property held by Utilities that are forfeited after the property owner is given notice and a significant period of time to claim the property, are transferred to the Program account and become available for Program purposes, along with direct donations and other funds; and WHEREAS, the Council desires to codify and authorize the Utilities Executive Director to administer the Program in accordance with the guidelines and criteria described herein; and WHEREAS, the Council further desires to codify and authorize the amount and methods for funding the Program, including the use of monies received through the Unclaimed Property Procedures, as described herein; and WHEREAS, if the rate of donations, transfers under the Unclaimed Property Procedures, and other financial contributions to the Program exceed customer demand for payment assistance, Council may authorize use of Program funds for other purposes that advance utility conservation and efficiency programs for low-income customers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council hereby finds that a Utility Payment Assistance Program administered by the City, directly or through a third party, to assist residential customers that meet certain financial criteria to remain current with City utility bills serves important utility purposes and objectives, including but not limited to reducing administrative expenses associated with billing, collection, and shut-off activities; reducing sudden system demand increases upon reconnection of services to customer premises; and stabilizing demand on other City and regional utility public assistance programs. Section 3. That the Utilities Executive Director is hereby authorized to administer said Utility Payment Assistance Program directly or through a third party in a manner consistent with the methods described herein. Section 4. That Section 26-1 of the Code of the City of Fort Collins is hereby amended by the adoption of a new definition “Payment assistance program” which reads in its entirety as follows: 4.3 Packet Pg. 85 Attachment: Ordinance No. 065, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -3- Payment assistance program shall mean a financial assistance program implemented by the utilities to provide temporary financial assistance to qualified utility customers in paying utility service account balances, funded by donations from other City utility customers, unclaimed funds held by the utilities forfeited to the City under Division 4 of Article IV of Chapter 23 of the Code, and such other funds as may be made available for such purposes from time to time. Section 5. That Chapter 26, Article XII of the Code of the City of Fort Collins, is hereby amended by the addition of a new Section 26-722 which reads in its entirety as follows: Sec. 26-722. Utility Payment Assistance Program; purpose; funding; qualifications for assistance. (a) The Utility Payment Assistance Program, is hereby formally established for the purpose of providing temporary financial assistance to qualified utility customers in paying past-due utility bills. For purposes of this Section, “past-due” shall mean a utility bill that has not been paid by the customer within twenty three (23) days after the printing of such utility bill. (b) All deposits, bill credits, refunds, donations, escrows, and any other intangible personal property, held by the utilities and forfeited under §23-137, together with all donations from City utility customers and such other funds as may be made available from time to time for the Utilities Payment Assistance Program, shall be deposited into the Utilities Payment Assistance Program. (c) Balances in the Utilities Payment Assistance Program account may be used only to pay all or a portion of the monthly utility bill of qualified electric and water utility customers, and only consistent with the following conditions: (1) the subject service account must be in the applying customer’s name; (2) the monthly bill to which funds are applied must be past-due; (3) the applying customer must not have previously received financial assistance from the Program within the current program cycle (Oct. 1-Sept. 30); (4) no financial assistance provided through the Program may be applied to a service account deposit; and (5) the applying customer must comply with all other conditions and qualifications set forth in guidelines adopted by the Utilities Executive Director, consistent with the purposes of the Program. 4.3 Packet Pg. 86 Attachment: Ordinance No. 065, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) -4- (d) The operation of the Program is contingent upon appropriation of funds for the Program. Introduced, considered favorably on first reading, and ordered published this 17day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.3 Packet Pg. 87 Attachment: Ordinance No. 065, 2016 (4482 : SR 064 065 Unclaimed/Abandoned Intangible Personal Property) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Janet McTague, Utilities Project Engineering Supervisor Tim McCollough, Light and Power Operations Manager SUBJECT Second Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2016, clarifies and consolidates policy and construction standards applicable to development of the City’s electric network. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summay, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 066, 2016 (PDF) 5 Packet Pg. 88 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Janet McTague, Utilities Project Engineering Supervisor Tim McCollough, Light and Power Operations Manager SUBJECT First Reading of Ordinance No. 066, 2016, Repealing the Electric Service Rules and Regulations, Amending and Codifying Certain Provisions Formerly in the Electric Service Rules and Regulations, Amending and Renaming the Electric Construction Policies Practices and Procedures as the Electric Service Standards, and Making Certain Clarifying Amendments in Chapter 26 of the Code of the City of Fort Collins and the Electric Service Standards. EXECUTIVE SUMMARY The purpose of this item is to clarify and consolidate policy and construction standards applicable to development of the City’s electric network. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION The Fort Collins Electric Utility currently has four governing documents: the City Code, Electric Service Rules and Regulations (ESRR), Electric Construction Policies, Practices and Procedures (ECPPP), and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. The ESRR was last revised in 2006 and contains several provisions that already exist either in City Code or in the ECPPP. Language overlaps have caused confusion for customers as well as difficulties with revision consistency. This Ordinance will: A. Eliminate the ESRR by incorporating into Chapter 26 of the City Code those ESRR policy-related provisions (Attachment 2); B. Integrate construction-related standards now in the ESRR into the ECPP, and rename that combined rule as the “Electric Service Standards” (ESS). (Attachment 4). Applying this new name designation will more accurately describe the combined rules and reflect the relocation of prior policy provisions contained in the ESRR to the City Code; and C. Clarify language in the City Code and the ESS (revised combined ECPPP/ESRR). (Attachments 2-4) The clarifying changes fall into four categories, as described below: cold sequence metering, self-contained metering, fixed consumption billing and installation and maintenance of multi-family services. 1. Cold Sequence Metering: Previous language was confusing to customers regarding acceptable types of cold sequencing disconnects. Clarifying language has been proposed in the ESS to resolve the confusion. This change will have little or no financial impact to the customer. ATTACHMENT 1 5.1 Packet Pg. 89 Attachment: First Reading Agenda Item Summay, May 17, 2016 (w/o attachments) (4509 : SR 066 Electric Service Standards) Agenda Item 10 Item # 10 Page 2 2. Self-Contained Metering: The existing ECPPP allowed a choice between a horn and a lever bypass in certain situations. In many instances the horn bypasses that are installed are inadequate for Electric Utility personnel to work with safely. The Electric Utility is proposing to require in the ESS lever bypasses on all self-contained meter sockets. This change is an effort to increase both the safety of our electrical workers during meter exchanges or maintenance and to align our standard equipment with the electric utility industry in Colorado. This change will have little or no financial impact to our customer. 3. Fixed Consumption Billing: Previous language was confusing regarding qualifications for flat rate billing. Proposed language clarifies that any variable load will require a meter. 4. Multi-family services: The Electric Utility has been installing multi-family secondary services as long as the needed cable was a size that is currently in Electric Utility stock. Larger sizes were installed by a contractor. This resulted in the unintentional consequence of causing confusion when the cable needed to be maintained or replaced. This practice is inconsistent with existing language specifying that residential services over 200 amps and all commercial services are to be installed by a contractor. This item proposes clarifying language that specifies that all secondary services to multi-family buildings be installed and maintained by the property owner. A poll of Colorado Springs, Loveland and Estes Park showed that this is consistent with current practices in other utilities. The financial impacts of this change will largely be realized in the event of a secondary service cable failure. Although the Electric Utility will continue to respond to outages to verify the location of the failure and provide necessary repairs if the failure is on the Utility infrastructure, the property owner will be responsible for repairing failed service wires. This item does not affect the administrative rules and standards embodied in the Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. CITY FINANCIAL IMPACTS The proposed changes are generally administrative in nature. The City may see avoided cost by clarifying responsibility for replacement of commercial service wires. Assessment of development fees for connections that would otherwise have been a flat rate may result in a small amount of increased revenue estimated to be less than $1,000 per year. BOARD / COMMISSION RECOMMENDATION At its March 3, 2016 meeting the Energy Board unanimously recommended approval of the proposed changes (Attachment 1). PUBLIC OUTREACH Staff has been working with developers and contractors at the Conceptual Review and Staff Review meetings to discuss the proposed changes. In addition, staff is completing mailings to all stakeholders with clarifying language and drawings. ATTACHMENTS 1. Energy Board Minutes March 3, 2016 (PDF) 2. Proposed Code changes by section (PDF) 3. Changes in Electric Service Standards (PDF) 4. Relocation of Rules and Regulations language to Electric Service Standards (PDF) 5.1 Packet Pg. 90 Attachment: First Reading Agenda Item Summay, May 17, 2016 (w/o attachments) (4509 : SR 066 Electric Service Standards) -1- ORDINANCE NO. 066, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING THE ELECTRIC SERVICE RULES AND REGULATIONS, AMENDING AND CODIFYING CERTAIN PROVISIONS FORMERLY IN THE ELECTRIC SERVICE RULES AND REGULATIONS, AMENDING AND RENAMING THE ELECTRIC CONSTRUCTION POLICIES PRACTICES AND PROCEDURES AS THE ELECTRIC SERVICE STANDARDS, AND MAKING CERTAIN CLARIFYING AMENDMENTS IN CHAPTER 26 OF THE CITY CODE AND THE ELECTRIC SERVICE STANDARDS WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification, correction of errors and to ensure that the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changing technology for and manner of delivering utility services; and WHEREAS, Section 26-463 of the Fort Collins City Code also provides that rules, regulations, and standards applicable to electric service and persons receiving electric service provided by the City may be adopted by the Utilities Executive Director and approved by ordinance of the City Council; and WHEREAS, the Electric Service Rules and Regulations (“ESRR”), originally adopted in 2002, were last revised in 2006, pursuant to Ordinance No. 194, 2006; and WHEREAS, in addition to the ESRR, the Electric Construction Policies, Practices and Procedures (“ECPPP”) provide rules and guidelines for the installation of electric service to new development, redevelopment and remodeling; and WHEREAS, the ECPPP were last revised in 2014, pursuant to Ordinance No. 027, 2014; and WHEREAS, the Utilities Executive Director has recommended that changes be made to the ESRR and ECPPP in order to clarify existing provisions and reflect current operating practices and terminology involving cold sequencing and self-contained metering; and WHEREAS, the Utilities Executive Director has further recommended that the current ESRR be repealed as a separate administrative rule set and policy-related provisions in the current ESRR be relocated into Chapter 26 of the City Code along with revisions to the fixed consumption billing and multi-family customer coordination requirements in Chapter 26 of the City Code; and WHEREAS, in order to improve the clarity of the administrative and technical standards applicable to receiving and constructing electric service in the City, the Utilities Executive Director has further recommended that the remaining ESRR and revised ECPPP be combined into a single document to be known as the Electric Service Standards; and 5.2 Packet Pg. 91 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -2- WHEREAS, the proposed changes and renaming will continue to ensure system reliability and promote customer and employee safety; and WHEREAS, on March 3, 2016, the Energy Board reviewed the proposed combination of ESRR and updated ECPPP requirements into the Electric Service Standards, along with the repeal and partial incorporation of ESRR provisions into Chapter 26 of the City Code, and unanimously recommended approval of these actions; and WHEREAS, the City Council has determined that the recommended repeal of the ESRR, renaming of the revised administrative rules, regulations, and construction standards applicable to electric service in the City, and changes to Chapter 26 of the Code as set forth herein, are in the best interests of the electric utility and its customers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Section 26-22 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-22. - Right of entry. (a) In connection with the necessary discharge of their duties and the enforcement of the provisions of this Chapter, authorized utility personnel shall, at all reasonable times, have safe access to any premises within or without the City served by one (1) or more of the utilities for any purpose incidental to supplying a service or for the examination or survey thereof or for inspection and repair of facilities and appurtenances, connection and disconnection of services or reading meters. This provision is not intended to modify the right of access described in § 26-219. (b) Access to the meters and utility service equipment located on the customer’s premises must be provided for proper administration and billing of service. This includes non-intrusive, automatic drop out access to the customer’s telephone service for remote reading of meters by the utilities when such service is available. If any meter cannot be read or access to utility service equipment is not provided for three (3) consecutive months, the customer shall be notified by first-class mail that this condition must be corrected or the utilities shall discontinue service until access to such equipment by the utilities’ personnel is accomplished. (c) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever authorized utility personnel have reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous or presents a significant, immediate danger to human health or the environment, authorized utility personnel may enter such building or premises at all reasonable times to inspect it or to perform any duty 5.2 Packet Pg. 92 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -3- imposed upon authorized utility personnel by this Chapter. If such building or premises is occupied at the time entry is required, the authorized utility personnel shall first present proper credentials and request entry. If such building or premises is unoccupied, the authorized utility personnel shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the authorized utility personnel shall have recourse to every remedy provided by law to secure entry. (d) When the authorized utility personnel have obtained an inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the authorized utility personnel for the purpose of inspection and examination pursuant to this Article. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 1-15 of this Code. (e) An appropriate property owner or representative shall permit the utilities to trim the limbs and branches of trees, bushes and shrubs to the extent that such trimming is reasonably necessary to avoid interference with utilities’ lines, streetlights, or other equipment or to allow access to the utilities’ meter or other equipment on said owner’s premises or in the public right-of-way. (f) The property owner shall be responsible for such trimming of trees as may be necessary to avoid interference with the utilities’ meter and service wires running from the utilities’ distribution poles to the point of delivery on said owner’s premises. Section 3. That Section 26-23 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-23. - Records. (a) All contracts, records and evidences of title relating to any of the utilities' property acquired by the City shall be assembled and carefully preserved. The Utilities Executive Director and the Financial Officer shall keep and preserve such other records and prepare such reports concerning the utilities as the City Manager directs. The City Manager shall keep the City Council advised of the operation, financial conditions and future needs of the utilities. (b) No promise, agreement or representation of any employee of the utilities shall be binding upon the utilities, unless the same shall have been properly authorized, reduced to writing and preserved by the customer or with the records of the utilities associated with a specific utility service. Section 4. That Section 26-24 of the Code of the City of Fort Collins is hereby amended to read as follows: 5.2 Packet Pg. 93 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -4- Sec. 26-24. - Property owner's consent for utility service and indemnity to City and the utilities. (a) Utility service provided to real property pursuant to the terms of this Chapter shall be deemed to be provided at the request and with the consent of the owner of said real property, unless and until the Utilities Executive Director receives written notice of said owner's withdrawal of such consent. (b) The City shall not be held responsible for any injury to persons or damage to property occasioned or caused by the acts, omissions or negligence of the customer or of any of the customer’s agents, employees or licensees in installing, maintaining, operating or using any of the customer’s lines, wire, equipment, machinery or apparatus, and for injury and damage caused by defects in the same. (c) The customer shall hold the City harmless and indemnify it against any and all claims and liability for injury to persons or damage to property when such injury or damage results from or is occasioned by the facilities located on the customer's side of the point of delivery unless caused by the gross negligence or wrongful acts of the City's agents or employees. (d) The customer shall pay all costs that may be incurred by the City in enforcing this indemnity. Section 5. That Section 26-391 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Fixed consumption billing” which reads in its entirety as follows: Sec. 26-391. - Definitions. . . . Fixed consumption billing is defined as billing for service provided to a constant or predictable unmetered, electrical load for which the utility has predetermined the customer’s billing consumption based upon connected load, estimated usage, test measurements or other means. Billing amounts and terms of service shall be in accordance with the electric rate schedule which would be applicable to the load if it were metered; provided, however, that the utility reserves the right to correct past billing amounts at any time to correspond with test metering results and to adjust billing consumption in accordance with updated load estimates based on current or anticipated loads and conditions. Fixed Consumption Billing may be offered to the customer in the sole discretion of the Utilities Executive Director, and billing is subject to withdrawal whereupon electric service may be discontinued by the utility upon thirty days written notice to the customer. Alteration of facilities or conditions, or addition of load by the customer without prior approval of the utilities shall constitute diversion of electric energy. The customer may discontinue electric service to a Fixed Consumption Billing load by providing proper request of such discontinuance to the utilities. 5.2 Packet Pg. 94 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -5- Section 6. That Section 26-393 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-393. - Permission required for connection with electric utility, voltage variations and shortage of electricity. (a) No person shall connect any wire, cord, socket, motor or other instrument, device or contrivance by which electricity may be transmitted or supplied to any lamp, globe, heating apparatus or other instrument by or at which electricity is or may be consumed, to any wire owned or operated by the City and constructed to transmit or supply electricity to any house or other building, without the consent of the electric utility. (b) Three-phase motors up to two hundred (200) horsepower may be supplied under applicable rate schedules, provided that such motors have been manufactured in accordance with National Electrical Manufacturers Association (NEMA) standards and further provided that suitable protection equipment and devices have been installed. (c) Utilities will be diligent in providing electric service with reasonable voltage variations. The customer shall be responsible and liable for voltage or quality variations caused by the customer’s appliances and equipment, such as may be produced by starting motors, x-rays, welders, pumps, and other customer equipment or devices. If the customer desires to continue the operation of such equipment, utilities may require the customer to install motor generators, line filters, reactors, isolation transformers, or transformer and/or line capacity beyond that normally required, in order to eliminate the detrimental impact upon other customers. If such remedial measures involve expense on the part of utilities, all such costs shall be reimbursed by the customer. If the customer’s demands are measured in such cases, utilities may determine the billing demands on shorter intervals than fifteen (15) minutes regardless of regular provisions in individual rates pertaining to the determination of billing demands. (d) Utilities will make reasonable efforts to furnish a continuous supply of electricity to meet demands. However, should shortages occur by reason of acts of God or causes beyond the immediate control of the utilities, utilities will have the right to grant preference to those present and future customers that in the opinion of the Utilities Executive Director are the most essential to the public welfare, based on information then available to the utilities. Utilities shall not be liable for damages, including monetary loss or loss of business from shortages in supply of electric energy. The customer shall be responsible for taking whatever precautions the customer shall deem appropriate to protect against damage or loss due to shortages in the supply of electricity. Section 7. That Section 26-396 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-396. - Use of meters required; damage to system prohibited, accuracy of meters. 5.2 Packet Pg. 95 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -6- (a) No person shall take electrical energy from the distributing system except through a meter or other measuring device owned and installed by the City without the consent of the electric utility to take such electrical energy. It shall also be unlawful to tamper with, molest or damage in any manner any part of the electrical system. (b) City owned facilities shall not be tampered or interfered with directly or indirectly by the customer or any other unauthorized persons. The customer shall be liable for any damage or loss to the property of the utilities or other persons and injury to utilities employees or other persons resulting from such unauthorized tampering or interference. (c) Meters measuring electric service shall be checked by utility for accuracy before installation and periodically thereafter on a scheduled or sample basis as determined by the utility. Meters shall be considered accurate when they measure within two (2) percent plus or minus when tested at one hundred (100) percent of full test current. The utility shall not keep in service a meter that registers usage under no load conditions. Section 8. That Section 26-441 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-441. - Obtaining electric service. (a) It shall be unlawful for any person to obtain electrical service unless it is provided in accordance with the terms of this Article. (b) Where the utilities is requested to extend, augment or alter its facilities, or if the utilities is requested to provide new or additional capacity that may be needed, the utilities shall provide such extension, augmentation or alteration in accordance with the requirements of this Code and the Electric Service Standards, as adopted pursuant to § 26-463 of this Code. All existing overhead electric utility facilities on or adjacent to the affected service location shall be converted to underground facilities in conjunction with the augmentation, extension or alteration of any part of such utility service facilities, except where the utilities determines that underground construction is not practical or feasible. Utility line extensions shall be installed underground in accordance with this Code and the Electric Service Standards. The customer, owner or developer shall pay the full cost of such conversion, extension, alteration or augmentation of facilities and a proportionate share of the cost of associated underground distribution system facilities necessary to provide the additional service capacity, all as determined by the utilities. In addition, capacity costs attributed to the customer shall be paid by the customer as a non- reimbursable expense of the associated conversion, extension, alteration or augmentation activity. (c) Utilities will use reasonable diligence at all times to provide continuous service at the agreed nominal voltage, but shall not be liable to the customer for complete or partial failure (including loss-of phase) or interruption of service, or for fluctuations in voltage, resulting from causes beyond its control or the negligence of its employees, servants or agents. The customer shall be responsible for taking whatever precautions the customer 5.2 Packet Pg. 96 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -7- deems appropriate to protect against damage or loss due to interruptions of service or fluctuations of voltage. Section 9. That Section 26-444 of the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (d) which reads in its entirety as follows: Sec. 26-444. - Customer generation of electric service. . . . (d) For applications for other than routine parallel systems and connections, a service charge shall apply to offset the cost of processing an application/request for parallel operation, including but not limited to the cost of engineering and technical review and support. Section 10. That Section 26-445 of the City Code is hereby amended to read as follows: Sec. 26-445. - Retail sale of electric service. No person or entity other than the utility may engage in the sale of electric service to any property in the City except under one (1) or more of the circumstances described in Paragraphs (1) through (4) of this Section and Section 26-451. . . . Section 11. That Chapter 26 of the Code of the City of Fort Collins hereby amended by the adoption of a new Section 26-450 which reads in its entirety as follows: Sec. 26-450 – Intermittent loads and stand-by service. (a) Subject to the approval of the utilities, use of x-ray machines, induction-type welders or equipment with similar operating characteristics shall be permitted under applicable rate schedules on secondary service, provided that adequate transformer and distribution capacity is available. (b) An incremental demand charge may be added if the customer’s load is of an intermittent or fluctuating character or reflects frequent starting with high current inrush, or if standby service is provided for any reason. In such cases, the utilities will consider the billing demand as the maximum amount of power used at any time, may add to the measured demand of the steady load up to fifty (50) percent of the maximum fluctuating load, or may add to the measured demand an incremental demand charge determined from either the nameplate data of the equipment or by the kVa (kilo-volt amperes- 1,000 volt amps) of extra transformer capacity necessary to serve such loads. Section 12. That Section 26-465(k) of the City Code is hereby amended to read as follows: 5.2 Packet Pg. 97 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -8- Sec. 26-465. - Residential demand service, schedule RD. . . . (k) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the Utility Services Interconnection Standards for Generating Facilities connect to Fort Collins Distribution System and with the provisions of the Electric Service Standards. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 13. That Section 26-466(l) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. - General service, schedule GS. . . . (l) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 14. That Sec. 26-467 (m) of the City Code is hereby amended to read as follows: Sec. 26-467. - General service 25, schedule GS25. . . . 5.2 Packet Pg. 98 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -9- (m) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (r) below, and the credit for energy delivered to the electric utility shall be calculated as described in the Subsection. . . . Section 15. That Section 26-468 (p) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-468. - General service 50, schedule GS50. . . . (p) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (u) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 16. That Sec. 26-469 (q) of the City Code is hereby amended to read as follows: Sec. 26-469. - General service 750, schedule GS750. . . . (q) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility 5.2 Packet Pg. 99 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -10- system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 17. That Sec. 26-470 (n) of the City Code is hereby amended to read as follows: Sec. 26-470. - Substation service, schedule SS. . . . (n) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. . . . Section 18. That Sec. 26-473 (a) and (b) of the City Code are hereby amended to read as follows: Sec. 26-473. - Electric development fees and charges. (a) Any person desiring to connect to the City's electric distribution system, or to construct any structure to be served by said electric distribution system, shall pay to the 5.2 Packet Pg. 100 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -11- utility all applicable electric development fees and charges as described in this Division prior to construction of the electric distribution system to serve said connection, whether such connection or the property served is inside or outside of the corporate limits of the City, in addition to any other applicable fees and charges described in this Article. Notwithstanding the foregoing or any provision of this Article to the contrary, said fees and charges may be paid over time to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution. Said development fees shall consist of an Electric Capacity Fee ("ECF") to recover the allocated cost of the electric distribution system attributable to the new or modified service requested and a Building Site Charge ("BSC") to recover the cost of installing on-site electric service facilities to the user's side of the point of delivery. Extension of the street light system of the City shall be made in accordance with the Code. The full estimated cost of street lighting service construction and installation shall be paid for by the customer, owner or developer as part of the ECF. (b) The ECF shall be based upon and used to defray growth-related capital expansion costs of substations and distribution infrastructure and related facilities, and actual costs that have been or will be incurred by the utility to plan and provide service loads to new development, as more specifically described in this Division. These costs shall include the cost of labor and materials to install substation transformers, distribution transformers, primary cable, vaults, conduit, connections, switches, fuses, circuit breakers, streetlights and other infrastructure and may include capital costs of administrative facilities that are reasonably related to the overall cost of and required in providing electric services to serve new development. The ECF shall vary with the electrical capacity requirements, lot size and lineal feet of dedicated roadway, and shall be based on the actual cost of construction of any required off-site improvements. The parameters and rates shall be reviewed annually by the City Manager, and the fees shall be presented to the City Council for approval no less frequently than biennially. . . . Section 19. That Section 26-474 (d) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-474. –Residential electric development fees and charges. . . . (d) A Building Site Charge ("BSC") for any new or modified residential service shall consist of the total of the applicable charges as described in this Subsection (d), and shall be paid as specified herein. (1) When any new or modified multi-family service requires extending primary circuitry to an on-site transformer, this component of the BSC charge shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to §26-474(a), and shall be the total of the primary circuit charge, transformer installation charge and any additional charges. The 5.2 Packet Pg. 101 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -12- amounts shall be the same as the BSC for nonresidential development, as shown in § 26-475(d). (2) When any new or modified residential service requires installation by the Utility of secondary service the BSC shall include a secondary service charge (SSC), and shall be paid at the time of building permit and based upon the current rates as of the time of issuance of the building permit. The SSC for single family and duplex residences shall be the total of the secondary service charges, determined as follows: a. The secondary service charge shall be as follows: Secondary Service Size Charge (up to 65 feet) Plus Per-Foot Charge for Each Foot Over 65 1/0 service $682.00 $4.99/Foot 4/0 service $806.00 $5.63/Foot 350 kCM Service $912.00 $7.23/Foot 1/0 Mobile Home Service $532.00 N/A 4/0 Mobile Home Service $638.00 N/A (3) The customer shall be responsible for secondary service installation and maintenance from the point of delivery to the service panel for multi-family dwellings larger than a duplex. (4) Any single-phase residential service over two hundred (200) amps or any dwelling unit larger than a duplex shall be considered a commercial service. Section 20. That Section 26-713 of the Code of the City of Fort Collins is hereby amended by addition of new subsections (f) through (i) which read in their entirety as follows: Sec. 26-713. – Due date; delinquency; discontinuance of service. . . . (f) Utilities may refuse to provide service or install service equipment if the person or firm requesting the service or installation of service equipment currently owes the utilities a delinquent amount for any utility services previously provided, whether to the same or different premises or if the person or firm requesting the service or installation of service 5.2 Packet Pg. 102 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -13- equipment owes the utilities a delinquent utility use charge, fee, deposit, assessment or any amount for utility service equipment previously installed. (g) If the utilities refuse to provide service or install service equipment as specified herein, the person or firm requesting such service shall be provided a written refusal of service notice by the utilities as to the reason for the refusal and the delinquent amount that must be paid before the utilities shall fulfill the request. (h) Notwithstanding (f) above, if any person or firm disputes the amount owed, such person or firm may receive service as requested after depositing with the utilities the full amount requested, to be held by the utilities, for a period not to exceed thirty days, pending final determination by the Utilities Executive Director of the amount owed by the requesting person or firm. Such person or firm shall submit, within fifteen (15) days after the date on the refusal of service notice, a written statement as to the disputed amount (refusal of service reply), and the Utilities Executive Director shall make his or her final determination within fifteen days after receiving such refusal of service reply. (i) If such refusal of service reply is not submitted to the utilities within said fifteen (15) days, or if the Utilities Executive Director determines the amount is properly owed to the utilities, the amount deposited under (h) above shall be kept by the utilities and applied in satisfaction of the amount owed. Appeal of any such determination by the Utilities Executive Director shall be in accordance with the appeal procedures provided in this Chapter for the respective utilities. Section 21. That the Electric Service Rules and Regulations (“ESSR”) are hereby repealed in its entirety and shall have no further force or effect. Section 22. That the Electric Construction Policies, Practices and Procedures (“ECPPP”) are hereby repealed in its entirety and shall have no further force or effect. Section 23. That the Electric Service Standards set forth in Exhibit “A,” attached hereto and incorporated herein by this reference, are hereby approved by the City Council. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 5.2 Packet Pg. 103 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) -14- Passed and adopted on final reading on the 7th day of June, A.D. 2016 __________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk 5.2 Packet Pg. 104 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) Electric Service Standards Previously adopted as revised "Electric Construction Policies, Practices and Procedures", pursuant to Ordinance No. 027, 2014 Utilities Customer Service Office 117 N. Mason Street Fort Collins, CO 80524 Phone: (970) 212-2900 Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 Phone: (970) 221-6700 Fax: (970) 221-6619 E-mail: utilities@fcgov.com Web: www.fcgov.com/utilities Printing Date: May 6, 2016 City Council Adoption Date: __________, 2016; purusant to Ordinance No. ____, 2016 Exhibit A June 7 066 5.2 Packet Pg. 105 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 1 Table of Contents Fort Collins Utilities Electric Service Standards 1. Authority for Regulations ............................................................................ 3 2. Application of Policy .................................................................................... 3 3. Costs ............................................................................................................... 3 3.1. New Development and Redevelopment ................................................................................ 3 3.2. Modifications to Capacity ..................................................................................................... 4 4. General Construction ................................................................................... 4 4.1. Underground Construction Required .................................................................................. 4 4.2. Type of Service ....................................................................................................................... 4 4.3. Transformers .......................................................................................................................... 5 4.4. Customer Load ....................................................................................................................... 5 4.5. Attachment to Poles ............................................................................................................... 5 5. Residential Service Construction ................................................................ 6 5.1. Single Occupancy (single residence) ..................................................................................... 6 5.2. Mobile Home Parks ............................................................................................................... 6 6. Project Development Plan ........................................................................... 7 7. Commercial Service Construction .............................................................. 7 7.1. General .................................................................................................................................... 7 7.2. Multiple Occupancy (apartments)........................................................................................ 8 8. Metering ......................................................................................................... 8 8.1. Meter Locations and Clearances .......................................................................................... 8 8.2. Self-Contained Meter Sockets ............................................................................................... 9 8.3. Current Transformer (CT) Metering ................................................................................ 11 8.4. Mobile Home Parks – Meter Pedestals .............................................................................. 14 8.5. Commercial Meter Pedestals .............................................................................................. 15 8.6. Cold Sequence Metering ..................................................................................................... 15 8.7. Parallel Generation Metering ............................................................................................. 16 9. Construction Coordination Sequence ....................................................... 17 9.1. General .................................................................................................................................. 17 9.2. Prerequisite to Construction ............................................................................................... 17 9.3. Street Crossing Option ........................................................................................................ 18 9.4. Trenching Option ................................................................................................................. 18 9.5. Joint Use Construction ........................................................................................................ 18 5.2 Packet Pg. 106 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 2 10. Easements .................................................................................................... 18 11. Interconnection of Qualifying Parallel Generation Facilities ................ 19 11.1. Application ........................................................................................................................ 19 11.2. Initial Start-Up ................................................................................................................. 19 11.3. Facility Design and Construction .................................................................................... 19 11.4. Facility Operation and Maintenance .............................................................................. 20 11.5. Changes in Facility or Capacity Rating ......................................................................... 20 12. Working Adjacent To Overhead Lines .................................................... 20 13. Locate Policy ............................................................................................... 20 14. Contractor Access to Transformer Secondary Compartments ............. 20 15. Other Rules and Regulations ..................................................................... 21 16. Design Drawings ......................................................................................... 21 17. Modifications ............................................................................................... 21 18. Appeals ......................................................................................................... 21 Glossary ............................................................................................................. 23 Administratively approved: April 14, 2016 City Council adoption: __________, 2016; purusant to Ordinance No. ____, 2016 5.2 Packet Pg. 107 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 3 City of Fort Collins Utilities Electric Service Standards 1. Authority for Regulations These standards, and periodic additions, revisions, and correctsions thereto, are authorized by Section 26- 463 of the Code of the City of Fort Collins, and shall be available for public review at the Fort Collins Utility Service Center and the Office of the City Clerk of the City of Fort Collins. 2. Application of Policy These standards apply to all construction, new development, redevelopment or remodeling. 3. Costs 3.1. New Development and Redevelopment Cost estimates from preliminary plats will be furnished on request to developers for planning purposes (based on average electric costs developed by the Fort Collins Utilities (hereinafter called the Utilities) from previously completed projects). Developers will receive a firm price for the underground electric system for a subdivision, mobile home park or project development plan after providing the Utilities with: 1. one copy of the final approved subdivision plat, and 2. the number, size and location of points-of-service at which electric service is requested. When the developer requests the actual construction of the project be started, a payment of 100 percent of the invoiced price will be required. Under special circumstances, the Utility, at it’s discretion, may begin construction prior to full payment. Under no circumstances will the electric system be energized prior to full payment of the invoiced price. Payment need only be paid on the portion of the underground electric system which is to be constructed and not necessarily on the whole subdivision project, provided that such portion is suitable for partial electric service. Quoted firm prices will include off-site facilities, primaries and streetlights. The owner will be charged for electric services not paid for by the developer. The underground electrical system will be installed in two phases: 1. Phase one includes the installation of the primary conduit, transformer vaults, primary conductor and customer service provisions from the transformer vault to the nearest lot corner or on-site transformer. The electrical system will be energized following receipt of payment of all project fees and charges. 2. Phase two includes the installation of the customer's service to the lot corner or on-site transformer or meter socket. Service will be installed upon mutual agreement, as to point of-service and meter location. A separate charge will be made for the service prior to installation. Modifications to the development plans requiring field changes in the electric system and unforeseen construction obstacles such as frost and rocky soil conditions will be charged on a change order basis and will be coordinated with the developer prior to proceeding with the work. 5.2 Packet Pg. 108 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 4 3.2. Modifications to Capacity For remodeling or other modifications where the customer's electric panel capacity is increased and where development charges have not previously been paid, development charges (off-site facilities, primary and streetlights) are applicable to the increased capacity on a prorated basis. All charges for on-site costs are applicable per the Line Extension Policy contained within Municipal Code Sections 26-473, 26-474, and 26-475. 4. General Construction 4.1. Underground Construction Required 4.1.1. All electric utility lines and line extensions shall be underground. Permanent buildings or structures shall not be located directly over underground electric utility facilities. 4.1.2. Service loops shall generally be installed underground. Overhead service loops shall be installed only at the Utilities’ discretion. 4.1.3. If the property of the customer does not abut on the right-of-way of the Utilities’ distribution system, it shall be the customer’s responsibility to provide adequate easements or bring wiring to a point designated by the Utilities. 4.2. Type of Service 4.2.1. Electric service shall be delivered to the customer at one point of delivery for each premise. 4.2.2. Typically, the Utilities will provide these service types:  Single phase 3 wire 120/240 volt,  Single phase 3 wire 208Y/120 volt,  Three phase 208Y/120 volt 4 wire service, or  Three phase 480Y/277 volt 4 wire service. Other service voltages or types must be approved by the Utilities. 4.2.3. If the customer desires electric service at voltages, either primary or secondary, other than those typically available from the Utilities’ distribution system, the customer shall furnish, own and maintain all special transformers and special control equipment necessary to supply such voltage or service. If special metering shall be required in such cases, the costs thereof shall be paid by the customer. Such metering equipment, however, shall be and remains the property of the Utilities and shall be tested and maintained by the Utilities. 4.2.4. Where service is supplied at primary voltages, the customer shall provide, own, operate and maintain all facilities beyond the point of delivery at the end of the primary service unless specific arrangements are made to the contrary. 4.2.5. Permanent Service Unless specific arrangements are made to the contrary, electric service shall be considered rendered on a continuous, permanent basis subject to termination as provided in Municipal Code. 4.2.6. Temporary Service 4.2.6.1. Any temporary electric service lines required by the developer for construction purposes before the underground system is completed shall be at the expense of the developer and consistent with Municipal Code. 4.2.6.2. At the option of the Utilities, the developer will be billed for the actual or estimated cost of construction, plus estimated retirement costs. There will be no charge for recoverable materials. 5.2 Packet Pg. 109 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5 4.2.6.3. For residential construction only, a 50-amp temporary power pedestal will be provided to the developer consistent with the requirements in drawing ESS – 2. 4.3. Transformers 4.3.1. Generally, the Utilities shall install, own and maintain all transformers required to deliver service at the Utilities’ standard secondary voltages. 4.3.2. The customer shall furnish and maintain required outdoor or underground space and facilities for the installation of the Utilities’ transformers and other equipment necessary to properly render electric service to the customer. Please see drawings ESS-4, ESS-5, ESS-6, ESS-7, and ESS-8 in Section 16 – Design Drawings. 4.3.3. When service is delivered at primary voltage, the customer shall generally own, install and maintain all transformers. 4.4. Customer Load 4.4.1. Motor Load and Protection 4.4.1.1. Single-phase motors operated at 120 volts shall be limited to less than 1 horsepower (hp) in size. Single-phase motors 1 hp or greater shall be operated at 240 volts and shall have a maximum locked rotor current limit of 75 amps. The Utilities’ approval must be obtained prior to installing any single-phase motor with locked rotor current in excess of this limit. The following information shall be provided to the Utilities when seeking approval:  Horsepower rating  Nameplate full-load amps  Nameplate locked rotor amps  Nameplate voltage  Frequency of starts per time unit  Motor NEMA code letter Note: Central air conditioning units are subject to the requirements of this section. 4.4.1.2. The customer shall be responsible for providing protection to 3-phase motors and equipment against damage from overvoltage, undervoltage, single and reversed phasing conditions. 4.4.1.3. Under some conditions, Utilities may require the installation of reduced voltage or other types of starting equipment. Such equipment may be required where, in the opinion of the Utilities, the starting frequency adversely affects service rendered to other customers. Consult the Utilities prior to acquiring motors. 4.4.2. Load Balance 4.4.2.1. For single phase, three wire services, the current carried by the neutral shall not be more than 15% of the current carried in either of the other wires. 4.4.2.2. For three phase services, the customer’s load in any phase shall not be greater than 15% more than the load in either of the other two phases. 4.5. Attachment to Poles 4.5.1. Attachments to the Utilities’ poles or lighting standards shall not be permitted except upon specific written authority of the Utilities. 4.5.2. The attachment of radio or TV antennae or other objects is specifically prohibited. 4.5.3. Attachment of communications circuits such as telephone, community antennae systems or other communication media may be made, provided that a joint use contract has been entered into between the Utilities and those desiring to make such attachments. Said attachments shall conform to the requirements of the latest edition 5.2 Packet Pg. 110 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 6 of the National Electric Safety Code and additional requirements, if any, by the Utilities. 5. Residential Service Construction This section of the policy applies to new subdivided areas where curb (except for radius sections) and grading have been completed but where gas and telephone utilities and paving have not been installed (see Section 9 - Construction Coordination Sequence). Unless capacity demand is substantially higher than normal as determined by the Utilities Executive Director or his or her designee, residential service construction must utilize a single phase primary system complete with transformer vaults and transformers designed to convert the primary system voltage to the standard residential voltage of 120/240 volts, three wire single- phase, including the three wire electric service to the meter location. For detailed metering equipment and location information, reference Section 8 – Metering. The electric facilities will generally be installed underground behind the curb or sidewalk with a minimum cover of 30 inches, and will generally be completely at or below grade utilizing front lot line construction. Streetlighting will be installed in accordance with the City of Fort Collins design criteria and standards for streets. 5.1. Single Occupancy (single residence) 5.1.1. Single occupancy is defined as a single residence served by a single circuit secondary service or duplexes (two residences with a shared wall) served by electric panels of 200 amps or less and are subject to the requirements in this section. 5.1.2. Before electric service is installed, the meter socket (furnished by the owner) shall be installed and the meter socket installation must be approved by the Building Inspection Department. 5.1.3. A rigid non-metallic conduit attached from the socket to a point 24 inches below finished grade, must be provided. The conduit size shall be as specified by the Utilities and shall not be less than 2 inches inside diameter. See drawing ESS-1 for more details. 5.1.4. The Utilities will furnish and install the service conductors to the meter socket. 5.1.5. The Utilities will install, own and maintain all underground service wires, buses and electrical devices up to and including provisions for connection of the customer's service wires; such connection provision will be generally located within the confines of the meter socket enclosure. 5.1.6. All construction and maintenance on the customer side of any provision for customer service wire connection including the making of such service connections shall be done by someone other than the Utilities. 5.1.7. The secondary electric service fee is to be paid at the time the building permit is issued. 5.2. Mobile Home Parks 5.2.1. Electric facilities will generally be installed on rear lot lines (unless otherwise approved by the Utilities) to ganged meter sockets with breakers, and will be installed and billed with the first phase of construction. Single-position utility meter pedestals may also be used provided they adhere to the same sections as applies to ganged meter sockets (Sections 5.3 and 8.4). 5.2.2. Meter sockets with breakers shall be furnished, installed and maintained by the owners. Meter sockets and breakers shall be Utilities-approved devices (see Section 8 – Metering). 5.2 Packet Pg. 111 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 7 5.2.3. A 2-inch rigid non-metallic utility service conduit (or conduits as required) from the meter sockets with a cover of 24 inches (± 6 inches) from finished grade, using a 24 inch radius 90-degree bend is to be installed by the owner and approved by the building inspector. 5.2.4. If the meter sockets are not building mounted, a manufactured meter pedestal that meets requirements in Section 8.4 shall be utilized. 6. Project Development Plan The applicable service rules as described under the residential and commercial construction headings apply. 7. Commercial Service Construction 7.1. General 7.1.1. Commercial service construction will be considered on an individual basis depending upon size, type and characteristics of the load requirement. 7.1.2. The Utilities will endeavor to provide special service voltages and/or connections when a Utilities-approved document is presented, provided that such document or documents accurately and completely describe the owner's load and desired entrance needs. 7.1.3. Service requirements, construction costs and payment terms will be provided on request. Early contact with the Utilities during the planning stages is essential. The Utilities will not be obligated to provide special service voltages, if planning has not been coordinated with the Utilities. 7.1.4. Entrance requirements including location, number of phases, voltage, amperage per meter, number of meters, and underground or overhead must be determined with the Utilities at an early date (also see Section 8 – Metering). 7.1.5. Typically, the Utilities will provide these services:  Single phase 3 wire 120/240 volt,  Single phase 3 wire 208Y/120 volt,  Three phase 208Y/120 volt 4 wire service, or  Three phase 480Y/277 volt 4 wire service. Other service voltages or types must be approved by the Utilities. 7.1.6. Padmounted transformers that serve commercial services shall adhere to location clearance and work access requirements displayed in design drawings ESS-4, ESS-5, ESS-6, ESS-7, and ESS-8 (see Section 16 – Design Drawings). 7.1.7. Because of planned underground service facilities and requirements to convert overhead lines to underground, the location or characteristics of existing or prior electric service facilities will not determine the location or service characteristics of a new or modified electric service entrance. 7.1.8. Except when the Utilities determines that underground is not feasible, services will be installed underground. 7.1.9. The owner will be required to furnish, install and maintain all circuits and equipment on the customer side of the point of delivery. 7.1.10. On three phase commercial services there is a limit to the number of cables per phase that the customer may install. For installations utilizing a 12 conductor set screw connector on each bushing, no cable shall exceed 500 kcmil in size and no service shall exceed 48 cables (i.e. 12 cables/bushing). For installations utilizing two-hole crimp on lug connectors that bolt onto the 10-hole spade, no service shall exceed 40 cables (i.e. 10 cables/bushing). 7.1.11. For detailed metering equipment requirements and location information, reference Section 8 – Metering. 5.2 Packet Pg. 112 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 8 7.1.12. Streetlighting will be installed in accordance with the City of Fort Collins' design criteria and standards for streets. 7.2. Multiple Occupancy (apartments) 7.2.1. Multiple occupancy residences are defined as residences with more than two individual customers with shared walls or duplexes with services larger than 200 amps. Multiple occupancy residences are considered to be commercial service and shall meet the requirements included in Section 7. 7.2.2. Where service is provided to individual customers located in a structure designed for multiple occupancy, meters shall be grouped for service from a single circuit secondary service. 7.2.3. The location shall be on the exterior for multiple occupancy, unless otherwise approved by the Utilities. 7.2.4. The owner shall furnish and install UL approved meter sockets and rigid (non-metallic) service entrance conduit to a point 24 inches below finished grade. The service conduit shall be not less than 2-1/2 inches inside diameter or as specified by the Utilities. 7.2.5. The owner shall also provide a one-inch conduit from the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. 7.2.6. At the option of the Utilities, the owner may be required to furnish and install specified service conductors to the transformer terminals. 7.2.7. On single phase commercial services the limit of the number of cables per bushing that the customer may install is eight. The Utilities will provide a set screw connector with a maximum of eight landing positions and no cable shall exceed 350 kcmil in size. 7.2.8. Service conductor size and insulation shall be as approved or specified by the Utilities. 7.2.9. Trenches for secondary services to apartment complexes that are 8-plexes and larger shall be inspected by Building Inspection. 8. Metering 8.1. Meter Locations and Clearances 8.1.1. The location of meters and metering equipment will be approved by Fort Collins Utilities where they will be readily accessible at all times for reading, testing, inspecting, and other maintenance purposes. The meter must be located for easy reading and access by the Utilities on a side wall of the structure as close to the street side of the structure as possible and shall not be in an enclosed or fenced area of the property. 8.1.2. Outdoor meters will not be installed where they will interfere with traffic, sidewalks, driveways, or where they will obstruct the opening of doors or windows, or in any location that may be considered hazardous or cause damage to the metering equipment. 8.1.2.1. Where service is supplied to individual customers located in a structure designed for multiple occupancy, the individual outdoor meters will be grouped at a point nearest the service attachment and must be as specified in the excerpts from Article 370 of the National Electrical Code. 8.1.2.2. The mounting heights for multiple meter stacks will be no lower than 36 inches from final grade to the center of the lowest meters and will be no higher than 72 inches from grade to the center of the highest meters. Any variation from 5.2 Packet Pg. 113 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 9 these mounting heights requires prior approval from the Fort Collins Utilities Electric Meter Shop. 8.1.3. Indoor meter installations are not acceptable without express written consent of Fort Collins Utilities Electric Meter Shop. 8.1.4. Meter sockets will be plumb and securely fastened to the building wall (at framing members). 8.1.5. Meter sockets will be installed 60 to 72 inches above finished grade or permanent platform. 8.1.6. Meter sockets must NOT be installed under projections lower than six feet to allow for reading and maintenance of equipment. 8.1.7. A minimum of three feet of clear space must be left in front of the meter for reading and maintenance of equipment. 8.1.8. A minimum of two feet of clear space measured from any part of the meter socket to all conduits, pipe, walls, etc. must be maintained for servicing. 8.1.9. Electric meters and CT cabinets will be located at least three feet radially from gas meter regulators. 8.1.10. The builder is required to install the electric meter socket(s) on the same side as the electric service ‘stub’. 8.1.11. Builders are also encouraged to install the natural gas meter(s) on the opposite side of the house from the electric service. 8.1.12. The electric service trench must be a minimum of 3 feet from the natural gas service trench, and the electric and gas services shall not cross each other. 8.1.13. Meter location and clearance requirements are also shown in design drawing ESS-1. 8.2. Self-Contained Meter Sockets 8.2.1. All meter sockets (residential and commercial), except in the case of CT metered facilities, shall be purchased and installed by the electrical contractor from suppliers. All commercial self-contained meter sockets shall be cold sequenced. Please see Section 8.2.9 and 8.6 for more information on cold sequencing. 8.2.2. The owner of the facility or residence being served is responsible for the repair and maintenance of the meter socket, including ganged meter sockets. 8.2.3. All self-contained meter sockets rated for 320 amps and below shall be wired by the customer. 8.2.4. Fort Collins Utilities will wire CT meter sockets from CTs to the meter socket. 8.2.5. Meter sockets shall be furnished and installed by the owner or his agent as a contribution in aid to construction on a non-refundable basis. All meter sockets, meter stacks, and modular metering systems will be manufactured in accordance with the latest revision of the following: ANSI C.12.7, ANSI/UL 414, and NEMA 250, as well as all other applicable code and standards, with revisions and modifications as contained in the specification. They shall be labeled according to their listing and installed and used in accordance with their rating and labeling. 8.2.6. Fort Collins Utilities reserves the right not to energize an under-rated or unapproved meter socket. 8.2.7. Damaged meter sockets shall be replaced and installed by the owner or his agent at no expense to Fort Collins Utilities. 8.2.8. Residential (single and multiple occupancy) Meter Sockets 8.2.8.1. This section covers installations not exceeding 320 amps or 300 volts. 8.2.8.2. Residential meter sockets shall be UL-approved, 4- or 5-terminal sockets (5- terminal required for 120/208 volt service) and be rated for a minimum of 100 amps. 8.2.8.3. Fort Collins Utilities will connect to the line side of the residential meter socket. 5.2 Packet Pg. 114 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 10 8.2.8.4. Each meter socket shall be plainly and permanently marked to indicate which apartment or unit it supplies. The labeling shall be located or attached to the exterior non-removable portion of the meter socket or at the individual meter main disconnect. The marking shall be the same as the mailing address for each unit. The owner or developer shall be responsible for electricity delivered through unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.2.9. Commercial Meter Sockets 8.2.9.1. This section describes requirements for commercial self-contained meter sockets. In addition to the requirements in this section, installations not exceeding 320-amp meter socket rules in Section 8.2.8 – Residential Meter Sockets shall apply. All installations exceeding 320 amps shall follow rules in Section 8.3 – Current Transformer (CT) Metering Equipment. 8.2.9.2. All commercial self-contained meter sockets, single and three-phase, shall be cold sequenced. For cold sequence metering requirements, see Section 8.6. 8.2.9.3. The owner or his agent shall install the meter socket (furnished by the Utilities). The owner shall furnish a one-inch conduit from the meter socket to the phone room and a one-inch conduit from the secondary side of the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. 8.2.10. Electrical Ratings 8.2.10.1. All sockets/housings shall be rated 300 Volts or 600 Volts as detailed in ANSI C.12.7. 8.2.10.2. All sockets/housings shall have a minimum 10,000 ampere AISC rating. Installations other than single family residential and mobile home parks shall contact the Electric Meter Shop for maximum available short-circuit current, which shall determine whether a higher AISC rating is necessary. 8.2.10.3. Meter sockets shall accommodate a minimum #4/0 AWG service conductor. 8.2.11. Construction 8.2.11.1. All line side compartments shall accommodate Fort Collins Utilities’ seal regardless of whether the compartment is designed to house a meter. 8.2.11.2. A temporary meter cover plate is required. No metallic material is acceptable. 8.2.11.3. A flash shield is required for 277/480 Volt services. 8.2.11.4. All meter housings shall be outdoor weather-resistant type. 8.2.12. Covers 8.2.12.1. Each socket in a multi-socket stack shall have an individual cover and sealing provision. 8.2.12.2. Only one-piece ringless covers are acceptable. 8.2.12.3. Covers shall be designed for sealing with a padlock type seal and removable without removing any screws, bolts, or nuts. 8.2.12.4. Cover shall be designed to prevent removal of any portion without first removing the seal. 8.2.13. Jaws and Terminal Block 8.2.13.1. Any tension springs shall be permanently captive. 8.2.13.2. Lugs/terminals shall be suitable for use with copper or aluminum conductors. 8.2.13.3. Lugs shall be hex-head type with captive bolts. 8.2.14. All meter sockets shall be equipped with a lever bypass with the same rating as the meter socket. Horn bypass meter sockets are expressly prohibited. 5.2 Packet Pg. 115 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 11 8.3. Current Transformer (CT) Metering 8.3.1. General 8.3.1.1. For loads exceeding 320 Amps meter sockets will be furnished by the Utilities and installed by the owner or his agent. Metering will be instrument transformer rated, with instrument transformers furnished by the Utilities. The owner or his agent shall furnish and install a one-inch conduit from the meter socket to the instrument transformer location. 8.3.1.2. Instrument transformers and associated equipment such as enclosures, racks, poles, cable, terminations, insulators, etc., for primary metering shall be at the expense of the customer on a non-refundable basis. The owner or his agent shall install the meter socket (furnished by the Utilities), and shall furnish and install a one-inch conduit from the meter socket to the instrument transformer location. The owner shall furnish a one-inch conduit from the meter socket to the phone room and a one-inch conduit from the secondary side of the transformer to an accessible point inside the building near the meter installation for future use by the Utilities. If the meter socket is located more than 50 feet in one direction from the location of the instrument transformers, contact Electric Meter Shop for approval. 8.3.1.3. Each meter socket and panel shall be plainly and permanently marked to indicate which unit it supplies. The labeling shall be located or attached to the exterior non-removable portion of the meter socket or at the individual meter main disconnect. The marking is to be the same as the mailing address for each unit. The owner or developer will be responsible for electricity delivered through unmarked, illegible or incorrectly labeled meter sockets. All expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner, whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.3.1.4. Current transformers (CTs) are required if load (main size) is over 320 amps. CT and meter socket location must be approved by Fort Collins Utilities before installation. Under no circumstances will CTs or PTs be installed on secondary overhead lines, in padmounted transformers or inside gutters, raceways, or enclosures not designated for instrument transformers. Contact Electric Project Engineering with any questions on suitable locations. All CTs will be furnished by Fort Collins Utilities for installation by the customer. All CT’s, except in primary metering instances, are owned and maintained by Fort Collins Utilities. When CTs are to be mounted in the customer’s switchgear, dimensions of the cross section of bus where CTs are to be installed shall be submitted to the Fort Collins Utilities Electric Meter Shop for proper CT sizing. If the customer’s switchgear is located indoors or below grade, the CTs shall be located outdoors in a service cabinet or wall mounted CT enclosure that is readily accessible for Fort Collins Utilities personnel at all times. CTs are not allowed in any transformers. 8.3.1.5. In the event that CTs are mounted on buss bars, in customer switchgear or CT cabinets, the customer will provide a suitable terminal for a #12 copper wire on the neutral (and on each phase conductor in the case of window-type rather than bar-type CTs). Such terminals may consist of any appropriate lug or a #10 screw type terminal. 8.3.1.6. All CT rated installations shall have a conduit from the electric meter socket to the customers’ phone room which will be installed by the builder. 5.2 Packet Pg. 116 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 12 8.3.1.7. Any exception to the CT-metering practices outlined above or below will require the approval of Fort Collins Utilities Electric Meter Shop prior to installation. 8.3.2. CT Cabinet Requirements - General 8.3.2.1. Where CT cabinets are required, they will be furnished and installed on the outside of an exterior wall by the customer. 8.3.2.2. The size of the cabinet shall allow a minimum bending space in accordance with Section 312 of the National Electric Code. For minimum dimensions of all types of CT cabinets and types of CTs, reference Tables 8-1, 8-2, 8-3, and 8-4. Table 8-1: Single Phase 120/240V Table 8-2: 3 Phase 4 Wire 120/208V (or 240V) Amps Height Width Depth CT Type Amps Height Width Depth CT Type 400 18 24 9 B 400 30 30 9 B 600 40 24 9 B 600 40 30 9 B 800 48 30 11 B/W 800 48 30 11 B/W 12001 60 33 13 W 1200 48 33 11 W 1600 60 33 13 W 1600 60 33 11 W 148x48x12 may also be used 2000 60 39 15 W 3000 75 39 24 W Table 8-3: 3 Phase 4 Wire 277/480V Table 8-4: 3 Phase 4 Wire 277/480V with (PT's mounted outside CT Compartment) integral PT mounting provisions Amps Height Width Depth CT Type Amps Height Width Depth CT Type 400 40 30 9 B 400 48 36 15 B 600 48 30 11 B 600 48 36 15 B 800 48 36 11 B/W 800 48 36 15 B/W 1200 60 33 11 W 1200 60 51 24 W 1600 60 39 15 W 1600 75 63 24 W 2000 75 39 24 W 2000 75 63 24 W 3000 90 39 24 W 3000 75 63 24 W Tables Notes: 1. CT Type – Bar (B) or Window (W). When ordering a cabinet for window-type CTs, the customer is required to supply bars and mounting brackets. 2. All dimensions are listed in inches. 8.3.2.3. CT cabinets shall be rated and factory labeled “NEMA 3R”. They shall also be UL listed as Instrument Transformer or CT Enclosure. 8.3.2.4. CT cabinets shall be rated 600 volts maximum and shall have a grounding lug. 8.3.2.5. The CT cabinet shall have hinged door(s). CT cabinet doors shall be supplied with a hasp to accept a Fort Collins Utilities padlock (5/16” diameter shackle). All raceways and compartments ahead of the entrance shall also be sealable. 8.3.2.6. CT cabinets shall incorporate a provision (lug or terminal) for bonding line and load side service neutrals together and to the cabinet. This termination shall 5.2 Packet Pg. 117 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 13 also include a terminal for connecting #12 AWG solid or stranded copper wire to the neutral conductor within the enclosure for the purpose of providing a secondary neutral for the meter. 8.3.2.7. CT cabinets shall be installed immediately adjacent to the associated meter socket(s). A minimum clearance will be provided in front of the CT cabinet to fully open the door and have at least three feet of working space. A minimum clearance from finished grade to bottom of the CT cabinet shall be no less than 12 inches. The installation height of the CTs and/or PTs shall be between 24 inches minimum and 72 inches maximum measured from the center of the CTs to finished grade. 8.3.2.8. The phase arrangement on a 3-phase installation shall be A, B, C left-to- right, top-to-bottom when viewed from the front of the switchgear, except for a 3- phase, 4-wire delta system in accordance with 2014 NEC® Article 408.3(E) Exception, or as may be amended. The high-leg of a 3-phase, 4-wire delta system shall be installed in the right-hand phase position for vertical bus or the bottom phase position for horizontal bus in the switchgear CT compartment. 8.3.2.9. CTs must be installed with the white dot (H-1) facing the line side (towards the transformer). Any variance from these requirements must have approval of the Electric Meter Shop. 8.3.2.10. Installations of 800 amp rating and below shall have mounting provisions for an ABB Type CMF bar-type CT or ABB type CMV urn style CT. If urn type used then a minimum 12" length removable bus section and CT support angles shall be provided. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.2.11. Installations from 1000 to 4000 amp rating shall have a minimum 12" length removable bus section and CT support angles which will accommodate an ABB Type CLC window-type CT. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.2.12. Split core or clamp-on CTs for utility metering purposes are expressly prohibited. 8.3.3. Wall Mounted CT Cabinet Requirements 8.3.3.1. In addition to the General CT Cabinet Requirements wall mounted CT cabinets shall meet the requirements in this section. 8.3.3.2. 277/480V services greater than 320 amps may require Potential Transformers (PTs). A CT cabinet with integral PT mounting provisions is the preferred equipment (See table 8-4 for minimum dimensions). External PT enclosures require approval by Fort Collins Utilities Electric Meter Shop. PT mounting height must not exceed 6 feet. No electrical conductors may be in front of PTs. 8.3.4. Switchgear Mounted CT Cabinet Requirements 8.3.4.1. In addition to the General CT Cabinet Requirements switchgear mounted CT cabinets shall meet the requirements in this section. 8.3.4.2. A metering neutral lug, which will accommodate one #12 AWG solid through two #10 AWG stranded wires for the metering neutral conductors, shall be available near the front of the CT compartment so that it can be safely accessed even if the switchgear is energized. 8.3.4.3. All instrument transformer compartments shall have barriers between all adjacent areas. All panels providing access to unmetered conductors shall have fasteners that cannot be removed from the exterior. 5.2 Packet Pg. 118 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 14 8.3.4.4. 277/480V switchgear shall be manufactured with factory-installed provisions for unobstructed mounting of PTs inside the same compartment as CTs. 8.3.5. Service Connection Cabinets 8.3.5.1. In addition to the General CT Cabinet Requirements service connection cabinets shall meet the requirements in this section. 8.3.5.2. Single point services to multiple buildings may be metered with a pad- mounted service connection cabinet with or without customer disconnect switch. The use of a service connection cabinet with a customer disconnect switch provides the ability for the customer to de-energize their own service for equipment maintenance without calling the Utilities to schedule an outage. It also allows the metering and service disconnect to be located at a point that is mutually advantageous to both the customer and the Utilities. 8.3.5.3. All buildings shall be served from the same transformer. 8.3.5.4. The maximum metered load shall not exceed 4000 amps. 8.3.5.5. Installations of 800 amps and less shall have mounting provisions for an ABB Type CMF bar-type CT. 8.3.5.6. Installations from 1000 to 4000 amp rating shall have a minimum 12" length removable bus section and CT support angles which will accommodate an ABB Type CLC window-type CT. The removable bus section shall have an enclosed screw type compression terminal to accommodate a minimum #12 AWG metering potential conductor. 8.3.5.7. The customer shall install the pad and padmounted secondary connection cabinet. 8.3.6. CT Wiring and Communications Conduit 8.3.6.1. In all CT metering cases, the customer will furnish and install a minimum 1 inch conduit between the meter socket and the CT location for use by Fort Collins Utilities. Fort Collins Utilities will install and terminate conductors from the CT secondary to the meter socket using customer-furnished conduit. The customer will not install any conductors in this conduit. The maximum distance (total length of conduit run) will be 50 feet with no more than three 90-degree bends in a single pull section. If distance exceeds 50 feet, contact Electric Meter Shop for approval. 8.3.6.2. In all commercial CT metering cases the customer will also furnish and install a minimum ¾ inch conduit between the meter socket and the main phone room in the facility. 8.4. Mobile Home Parks – Meter Pedestals 8.4.1. This section covers mobile home park installations utilizing single position and ganged meter pedestals. 8.4.2. All permanent meter pedestals shall be a manufactured product for electric metering purposes. For temporary electric services refer to Section 4.2.6 – Temporary Service. 8.4.3. All manufactured meter pedestals shall be NEMA Type 3R rainproof construction and UL listed. 8.4.4. Meter pedestals shall meet all requirements listed in Section 8.2 – Self Contained Meter Sockets, excluding requirements listed in Section 8.2.9 – Commercial Meter Sockets. 8.4.5. Meter pedestals shall have three separate isolated sections for metering equipment, utility terminations, and customer equipment. 8.4.6. Meter sockets shall be rated for a minimum of 100 amps. 5.2 Packet Pg. 119 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 15 8.4.7. The mounting height from the bottom of the meter to ultimate final grade should be 36 inches. 8.4.8. Each meter position shall be plainly and permanently marked to indicate which unit it supplies. The marking is to be the same as the mailing address for each unit. The owner or developer will be responsible for electricity delivered through unmarked or incorrectly labeled meter sockets. 8.4.9. Expenses incurred by the Utilities related to correcting improperly labeled meters will be billed to the developer or owner, whose responsibility it shall be to pay such expenses within 30 days of receipt of said billing. 8.4.10. All wiring from the customer side of the meter is to be installed, owned and maintained by the owner. The point of delivery shall be the source side terminals of the meter socket. 8.4.11. The Utilities will install, own, operate and maintain circuits and equipment up to the point of delivery. 8.4.12. The Utilities shall have Utilities -sealed access to the meter socket. 8.4.13. The customer shall own, maintain and operate all breakers, receptacles and other devices on the customer side of the point of delivery. 8.5. Commercial Meter Pedestals 8.5.1. This section covers meter pedestals in commercial applications that shall be rated for a minimum of 100 amps but no more than 320 amps. 8.5.2. All commercial meter pedestals shall adhere to requirements in Section 8.4 with additional requirements as follows: 8.5.2.1. Pedestal shall have a lever bypass as required for all meter sockets. 8.5.2.2. Pedestal material shall be constructed of stainless steel. 8.5.3. Any exception to the meter pedestal requirements outlined above will require the approval of Fort Collins Utilities Electric Meter Shop prior to installation. 8.6. Cold Sequence Metering 8.6.1. This section covers the requirements for installations containing line-side disconnects (i.e. cold sequence metering). 8.6.2. The cold sequence disconnect shall be furnished, owned, and maintained by the customer. 8.6.3. Cold sequence disconnects shall be installed on the same wall directly ahead of and within 24 inches of the electric meter. 8.6.4. Cold sequence disconnects shall contain provisions for a Utility wire seal for the cover and a Utility padlock in the operating handle “Off” position. Wire seals are used to secure the enclosure from unauthorized entry and to allow the customer emergency access only. The padlock will only be used to lock disconnects in the off position for services that are shut off. 8.6.5. Cold sequence disconnects shall not be used as the service disconnecting means and shall not be operated by the customer except for emergency conditions. 8.6.6. Acceptable cold sequence disconnects include a load-make/load-break safety or pullout switch and shall be ahead of each individual meter as shown in Figure 8-2. In cases where multiple commercial meter sockets are part of a commercially manufactured unit, it is acceptable to have a single main disconnect acting as a cold sequence/main disconnect. In these cases, each individual meter socket shall have a service disconnect (Figure 8-1). 5.2 Packet Pg. 120 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 16 Figure 8-1 – Ganged Meter Socket Cold Sequence Metering Figure 8-2 – Meter Sockets Served by Common Service Conductor 8.6.7. As stated in NEC Article 230.82, the cold sequence disconnect shall be capable of interrupting the load served. The ampere rating of the cold sequence disconnect shall not exceed the amp rating of the meter socket. 8.6.8. Acceptable customer service disconnects may include fault current-limiting fuses ahead of each individual meter. Current-limiting fuses shall be selected to limit faults to 10,000 symmetrical RMS amps at the meter. A fault-current-limiting breaker may be utilized provided that a fault current analysis report performed and signed by a registered professional engineer is submitted and approved by Fort Collins Utilities Electric Meter Shop. Fault current calculations in report shall be based on worst case utility electric system and transformer impedance. 8.7. Parallel Generation Metering 8.7.1. If satisfactory metering is not otherwise provided, the Utilities may install and maintain meters at a mutually agreed upon location to measure the integrated demand and kilowatt-hours. 5.2 Packet Pg. 121 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 17 8.7.2. If the Operator sells to a purchasing utility, such metering shall be approved by the Utilities and PRPA, and shall record and indicate the integrated demand as determined by the Utilities and shall measure kilowatt-hours. 8.7.3. Meters for measure of reactive volt-ampere hours may be required by the Utilities if deemed appropriate. 8.7.4. All meter equipment, installation, ownership and administration costs thereof shall be borne by Operator, including costs incurred by the Utilities for inspecting and testing such equipment. 8.7.5. All billing meters used to determine the billing of sales to a purchasing utility shall be sealed. Seals shall only be broken by Utilities personnel for the purposes of meter testing, inspection, adjustment, or other maintenance. 8.7.6. The Utilities shall, at the Operator's expense, inspect and test all meters upon their installation and thereafter as determined necessary by Utilities. 8.7.7. If requested to do so by the Operator or the purchasing utility, the Utilities shall inspect or test a meter more frequently than the standard Utilities practice, but the expense of such inspection or test shall be borne by the Operator. 8.7.8. All billing meters shall be installed and operated in accordance with the terms and conditions of PRPA and the purchasing utility. 9. Construction Coordination Sequence 9.1. General 9.1.1. Construction coordination and scheduling is the responsibility of the developer and owner/builder. To ensure maximum economy in construction, the sequence of installation of utilities, streets, driveways, sidewalks, etc., must be coordinated with the Utilities. 9.1.2. Increased construction costs incurred by the Utilities due to the lack of economic scheduling or construction coordination will be charged to the developer or owner/builder. 9.1.3. In general, underground utilities should be installed from deepest to shallowest, i.e. the deepest utility should be installed first, the second deepest second, etc. 9.1.4. The underground utility installation sequence diagram included herein illustrates the typical construction plan and profile, along with typical developer and owner/builder sequence steps. This diagram is provided as a guide to assist the developer and the owner/builder. Actual construction sequences must be coordinated with the Utilities on a project by project basis. 9.1.5. Changes or additions to the electric system due to development deviations will be made at the expense of the developer or owner. A development deviation is any variation from the prescribed sequence of development that increases the cost of construction for the Utilities. 9.2. Prerequisite to Construction 9.2.1. The developer shall grant easements for the installation of the Utilities’ facilities. 9.2.2. All lot corners pertaining to the underground system must be staked and all final grading on the service lines and easements completed before work will be started. Curb (except for radius sections), gutter and final grade, adjacent to and 15 feet from the property side of the curb, must be completed prior to the installation of the electric facilities. 9.2.3. Concrete curb and sidewalks must be cured a minimum of 7 days to prevent damage thereto. 5.2 Packet Pg. 122 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 18 9.3. Street Crossing Option 9.3.1. Upon the approval of the Utilities, a developer may install conduits at street crossings. This option expedites the development process when street paving is scheduled before the underground electrical system can be installed. 9.3.2. The Utilities will specify the locations of such crossings and provide all materials to the developer. 9.3.3. All crossings must be inspected and approved by the Utilities. A credit will be issued to the developer in the amount of the net savings realized by the Utilities due to the developer's installation of the conduits. 9.3.4. The developer/owner/agent is responsible for the cost and repair or replacement of damaged or unusable conduit in street crossings provided for installation of electric and joint use facilities. 9.4. Trenching Option 9.4.1. At the discretion of the Utilities, the developer or owner may be required to furnish all necessary trenches, excavations and backfills to meet the requirements established by the Utilities for the underground electric system. A credit will be given based on trenching costs to the Utilities in average soils. 9.4.2. All trenches dug by the developer or owner will be inspected and approved by the Utilities prior to the installation of conduits and conductors. The Utilities will, in these cases, approve the backfill material and installation. If the excavated material contains rock, the developer will be required to supply proper backfilling material. 9.4.3. It is the developer or owner's responsibility to coordinate all work, including the inspection of trenches and backfill. The Utilities reserves the right to test compaction or depth at the cost of the developer or owner. 9.5. Joint Use Construction 9.5.1. In cases where the electric trench is to be used for the installation of communications or other utility facilities, plans shall be made with the Utilities for inclusion in the final electrical design prior to the developer's request for scheduling and a minimum of two weeks prior to the date that electric construction is to begin. 9.5.2. The initial planning, coordination and implementation of a joint use agreement with the Utilities shall be the responsibility of the developer, owner and or third party utility desiring joint use trench. 9.5.3. The Utilities will not offer joint use to those who have not completed the coordination of their planning with the joint use parties. 9.5.4. Joint use costs will be charged to the owner/developer or third party utility to recover engineering service, construction, installation of facilities, maintenance and administrative costs. 10. Easements 10.1. By making application for electric service, the customer agrees to grant or arrange for an easement on the customer’s property for the installation, operation and maintenance of electric lines, wires and other equipment of the Utilities necessary to render service to the customer. 10.2. When requested by the Utilities, the customer shall without expense to the Utilities make or procure a conveyance to the Utilities of satisfactory easements across the property owned or controlled by the customer for the Utilities’ lines or extensions thereof necessary or incidental to the furnishing of service to the customer. 5.2 Packet Pg. 123 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 19 10.3. If such installation must be made on or over the property of a third party, it shall be the responsibility of the customer to obtain an easement for the Utilities from the third party before the installation can be made and service rendered. 10.4. If, after service is originally rendered, the customer’s property is divided in such a manner that part of the property no longer has access to the right-of-way of the Utilities’ distribution system, the customer shall reserve an easement for the benefit of the Utilities so that the Utilities may render electric service to such isolated parcel. 10.5. In the case where an easement has been granted and electric distribution facilities have been installed, the parties seeking to have such easement changed shall pay the Utilities the actual cost for relocation of the electric distribution facilities and shall provide the necessary alternative rights-of-way. 11. Interconnection of Qualifying Parallel Generation Facilities 11.1. Application Any Qualifying Facility (see definitions) may interconnect with, operate in parallel with, or transmit over the Utilities’ facilities as provided herein. 11.1.1. Each Qualifying Facility shall make application to the Utilities and obtain written approval of entrance location, number of phases, voltage number and types of meters, and underground or overhead connection before making commitments to equipment purchases and before the start of construction. 11.1.2. The Operator of each Qualifying Facility shall obtain a Permit-to-Operate from Utilities prior to final parallel connection and operation with the Utilities’ electric distribution system. 11.2. Initial Start-Up 11.2.1. Each Qualifying Facility shall notify the Utilities of the initial energizing and start-up test of the Qualifying Facility's generating equipment. The Utilities shall have the right to be present at such test. 11.2.2. Notice of such initial energizing and start-up test shall be given by the Qualifying Facility to the Utilities at a reasonable time prior to such event. 11.2.3. No Qualifying Facility shall operate in parallel with the Utilities’ system until all relays, controls and other devices, as required by the Utilities, have been installed and all safety standards and testing requirements have been met. Upon satisfactory inspection of interconnection facilities, final written approval to operate shall be provided by the Utilities in the form of a Permit-to-Operate. 11.3. Facility Design and Construction 11.3.1. The Operator shall design, construct, install, own, operate and maintain the Facility and all equipment needed to generate and deliver energy and capacity except for any special facilities constructed, installed and maintained by the Utilities. 11.3.2. The Operator shall construct, install, own and maintain interconnection facilities and system protection facilities as required for the Utilities to provide for system capacity, safety and operation. 11.3.3. The Facility shall meet all requirements of applicable codes and all standards of prudent electrical practice and the requirements of the Utilities. Such requirements may include locks, seals, breakers, protective relaying, automatic synchrometers and disconnecting devices. 11.3.4. The Qualifying Facility operator shall submit all of the Facility's specifications to the Utilities for review and approval prior to connecting the Facility to the Utilities 5.2 Packet Pg. 124 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 20 system. The Utilities’ review of the Operator's specifications shall not be construed as confirming nor endorsing the design, or as any warranty of safety, durability or reliability of the Facility. 11.3.5. The Operator agrees that, upon demand of the Utilities, the Operator shall change its Facility to comply with changing requirements of the Utilities’ system. 11.4. Facility Operation and Maintenance 11.4.1. The Operator shall operate and maintain its Facility according to prudent electrical practices and shall generate or otherwise supply such reactive power necessary to maintain a 95% power factor to maintain voltage levels and reactive support to the system. 11.4.2. If the Operator is unable or unwilling to provide such reactive power, the Utilities may do so at the Operator's expense or may disconnect the Facility without notice. 11.4.3. Facility operation shall be such that its electrical operation parameters are within the Utilities’ system operating parameters at the point of Facility interconnection with the Utilities. 11.5. Changes in Facility or Capacity Rating 11.5.1. The Operator shall advise the Utilities and PRPA of any proposed changes in its Facility or its capacity rating prior to making such changes. 11.5.2. Such changes shall be made in accordance with the City Code and these rules and regulations as if the changes were a new Facility. 12. Working Adjacent To Overhead Lines 12.1. Any person, customer, business, or other party working within ten (10) feet of overhead power lines carrying more than 600 volts shall provide 72 hours of notice to the Utilities of such work. 12.2. The Utilities shall coordinate the efforts to cover up or in some manner to make such lines safe for the work or activity. 12.3. The customer, person, business or party shall pay all costs associated with making such lines safe. 12.4. Failure to notify the Utilities 72 hours in advance of any activity within 10 feet of overhead lines, shall relieve the Utilities of all responsibility or liability for accidents, injuries or damages arising through or from such activities. 13. Locate Policy Fort Collins Utilities facilities shall only be located by Fort Collins Utilities Locating personnel. Colorado State laws pertaining to location of facilities shall be followed when any parties are performing any construction or excavation. 14. Contractor Access to Transformer Secondary Compartments The Utilities will not provide access to energized transformer compartments. All contractor work performed in the secondary compartment of the transformer shall be completed while the transformer is de-energized in accordance with Fort Collins Utilities Light & Power Safety Manual. In order to schedule the de-energization of the transformer for contractor-requested work, contractors are required to provide 72 hours of notice to the Utilities. 5.2 Packet Pg. 125 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 21 15. Other Rules and Regulations These standards are intended to supplement and not alter applicable sections of the Municipal Code. If a conflict does occur, the Municipal Code shall apply. 16. Design Drawings Design drawings identified below are attached as appendices to this document and marked with the identified title. A description of the requirements included in the drawing is included. These design drawings are intended to either visually enhance requirements already discussed or to establish requirements that are referenced in earlier sections of the Electric Service Standards. ESS-1 shows requirements for an underground service meter installation. ESS-2 shows requirements for temporary electric service installations. ESS-3 shows what differentiates Single and Multiple Occupancy. ESS-4 shows clearance requirements for padmounted transformers from buildings, windows, doors, etc. ESS-5 shows clearance requirements for padmounted transformers from combustible walls, fire-resistant barriers, etc. ESS-6 shows clearance requirements for padmounted transformers from fire escape doors, decorative combustible enclosures, etc. ESS-7 shows clearance requirements for oil filled equipment from aesthetic screening enclosures. ESS-8.1 and ESS-8.2 show access and work clearance requirements for vaults and padmounted equipment. ESS-9 shows the underground utility installation sequence with attached sidewalk. ESS-10 shows the underground utility installation sequence with detached sidewalk. 17. Modifications Whenever there are practical difficulties involved in carrying out the requirements described in the design drawings referenced in Section 16 of the Electric Service Standards, a Utilities official shall have the authority to grant modifications for individual cases, upon application of the developer, provided such Utilities official finds that the proposed design plan is in compliance with the intent and purpose of the Electric Service Standards and that such modification does not lessen health, accessibility, life and fire safety, or reliability. The details of action granting or denying modification requests shall be recorded and entered in the Utilities department files. 18. Appeals The Utilities Executive Director is authorized to hear and decide appeals of decisions made by the Utilities official relative to the application and interpretation of the requirements contained in the design drawings referenced at Section 16 of the Electric Service Standards. When a developer desires relief from a decision of the Utilities official, such developer must first apply for a modification under Section 17 above, and receive a notice of decision on that request from the Utilities official. If after receiving a modification decision a developer desires to seek further relief, such developer may appeal the subject modification decision to the Utilities Executive Director stating that such decision was based on erroneous interpretation of the requirements contained in the design drawings referenced at Section 16 of the Electric Service Standards. Such appeal must be filed in writing with the Utilities Executive Director within ten days of the 5.2 Packet Pg. 126 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 22 developer’s receipt of notice that the Utilities official has denied the developer’s modification request. The Utilities Executive Director is authorized to rule in favor of the developer when the Utilities Executive Director determines that the interpretation of the applicable requirements was erroneous or when the Utilities Executive Director determines an alternative design or plan is equivalent to the requirements prescribed by the applicable design standard considering effectiveness, fire resistance, durability, safety, health and reliability. 5.2 Packet Pg. 127 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 23 Glossary Building Site Charges - Charges for installing electric service lines from the street to the residential meter or commercial transformer. Off-site facilities (kVA load) charge, primary service charge, and secondary service charge are collectively referred to as "building site charges." Cold Sequence Disconnect – A disconnect installed on the line side of the metering equipment capable of interrupting the load served. Commercial service construction – Any service used primarily for the operation of a business or, regardless of use or purpose, requiring over 200 amps or three phase is a commercial or industrial service. Development Charges - Charges for providing primary electric service to the lot corner of the site, including the cost of streetlight construction. Off-site facilities, primary charge and streetlight charge are collectively referred to as "development charges." Excavation - Any operation in which earth is moved or removed by means of any tools, equipment or explosives and includes, but is not limited to, auguring, backfilling, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling. Off Site Facilities - Delivers electric power from main substations to subdivisions and load areas. Off Site Facilities Charge - Cost to bring primary electric power from main substations to subdivisions and load areas. Point of Delivery - That point beyond which the customer is responsible for installation, maintenance and field locating of electrical equipment. Except as otherwise specified in these Electric Service Standards, the point of delivery for residential construction applications is the source side of the electric meter socket termination lugs. For commercial and industrial service applications, the point of delivery is the secondary lugs or spades of the distribution transformer, or, if existing, it is the nearest junction box/vault installed by Utilities serving the load at issue. For primary metered customers, the point of delivery is the source-side terminations in customer- owned switchgear or as otherwise designated by Utilities. Primary Charge - Cost to bring primary electric power at primary voltage from the subdivision boundary to the internal loads in the subdivision. Primary Electric Service - All cable, enclosures, switches and associated apparatus necessary to provide primary service to the transformers or primary bus from the primary feeder. Primary Feeder - Delivers electric power at primary voltage to the subdivision or individual load from the off-site facilities. Primary Service Charge - Cost to bring primary voltage electric cable to padmounted transformers or building vaults on customer's premises. Redevelopment - New construction on a site on which development charges have not previously been paid, or as determined by the Utilities. Residential service construction- Any single phase service for the exclusive use of the individual customer for domestic purposes. Any service application requiring over 200 amps, or three phase, regardless of purpose, is a commercial or industrial service. Secondary Electric Service - Electric distribution service cables of 600 volts and below from the transformer to the customer's metering point. Secondary Service Charge - Cost to bring electric distribution service cables of 600 volts and below from the transformer to the customer's metering point. Streetlight Charge - The charge for the installation of new streetlights. Streetlights are installed in accordance with the City of Fort Collins' Design Criteria and Standards for Streets. Temporary Service - Temporary service is defined as electric service provided for a short- term need, such as that service required by such customers as special events or festivals, construction contractors, and similar enterprises. UL - Underwriters' Laboratories, Inc. Utilities - The City of Fort Collins Utilities (the Utilities). 5.2 Packet Pg. 128 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 129 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 130 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 131 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 132 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 133 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 134 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 135 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 136 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 137 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 138 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) 5.2 Packet Pg. 139 Attachment: Ordinance No. 066, 2016 (4509 : SR 066 Electric Service Standards) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. EXECUTIVE SUMMARY A. Second Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. Second Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. These Ordinances, unanimously adopted on First Reading on May 17, 2016, amend the Amended and Restated Intergovernmental Agreement (IGA) for the joint operation of the Northern Colorado Regional Airport. Ordinance No. 067, 2016, ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003 to comply with Article IV, Section 1 of the City Charter and actions taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Ordinance No.068, 2016, amends the City Code to address the impact the First Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 067, 2016 (PDF) 3. Ordinance No. 068, 2016 (PDF) 6 Packet Pg. 140 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Items Relating to Amendment of the Airport Intergovernmental Agreement Recommended by the Northern Colorado Regional Airport Commission. EXECUTIVE SUMMARY A. First Reading of Ordinance No.067, 2016, Approving the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, to be Known Henceforth as the Northern Colorado Regional Airport, and Ratification of Previous Actions. B. First Reading of Ordinance No. 068, 2016, Amending Various Sections of the Code of the City of Fort Collins Relating to the Delegation of Authority to the Northern Colorado Regional Airport Commission and Change of the Name of the Fort Collins-Loveland Municipal Airport to the Northern Colorado Regional Airport. The purpose of this item is to amend the January 22, 2015 Amended and Restated Intergovernmental Agreement for the joint operation of the Airport (“IGA”), delegate, within specific parameters, the authority for the Northern Colorado Regional Airport Commission to enter into longer lease agreements, grant agreements, and make expenditures for Airport operations or capital needs from appropriated, but unassigned reserves. Ordinance No. 067, 2016, also ratifies and reaffirms the approval of the IGA and creation of the Commission under the IGA by Resolution 2015-003 to comply with Article IV, Section 1 of the City Charter and actions taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Ordinance No.068, 2016, amends the City Code to address the impact the First Amendment has on the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading BACKGROUND / DISCUSSION At the April 27, 2016, meeting, the Airport Commission reviewed and approved a First Amendment to the Airport IGA establishing the Commission. The Commission recommends that in order to provide efficient airport operations, the City Council expand the Commission’s authority to:  enter into lease agreements within the maximum allowable terms as given by the FAA  enter into grant agreements on behalf of the two Cities up to a certain amount  provide a recommended budgetary reserve policy that will be used to create the ability for the Commission to spend balances of the Airport fund for Airport needs. ATTACHMENT 1 6.1 Packet Pg. 141 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4483 : SR 067-068 Airport) Agenda Item 11 Item # 11 Page 2 Amendment of the IGA requires the approval of both City Councils. Because both the underlying Airport IGA and the amendment deal with the assignment of powers and duties to an appointed commission, this action is being accomplished by Ordinance pursuant to Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions by ordinance. The Ordinance ratifies and reaffirms the approval of the IGA and creation of the Commission as set forth therein, and ratifies the actions of the Commission and its officers and members taken pursuant to the IGA. The First Amendment to the Airport IGA impacts certain other provisions of the City Code related to the Airport. Ordinance No. 068, 2016, amends City Code to address the delegated authority with respect to Airport leases, grants, and expenditures. In addition, the change of the Airport name necessitates amendments to other provisions of the City Code to reflect that change. Finally, the Commission has previously approved Rules and Regulations sub-delegating authority to the Airport Manager to sign Airport leases for a term of up to 10 years. 6.1 Packet Pg. 142 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4483 : SR 067-068 Airport) -1- ORDINANCE NO. 067, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, TO BE KNOWN HENCEFORTH AS THE NORTHERN COLORADO REGIONAL AIRPORT, AND RATIFICATION OF PREVIOUS ACTIONS WHEREAS, in 1963, the cities of Fort Collins and Loveland (the “Cities”) established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the “Airport”); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, by adoption of Resolution 2015-003 on January 6, 2015, the City Council approved the IGA; and WHEREAS, the Commission, at its April 27, 2016 meeting, approved and recommended adoption by the Cities of certain proposed amendments to IGA expanding the powers delegated to the Commission as set forth in the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport attached hereto as Exhibit “A” (the “First Amendment”); and WHEREAS, at the April 27, 2016 meeting, the Commission also voted to change the name of the Airport to the Northern Colorado Regional Airport; and WHEREAS, in accordance with the provisions of Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions, the City Council desires by adoption of this Ordinance to ratify and reaffirm the approval of the IGA and creation of the Commission as set forth therein; and WHEREAS, the City Council has determined that amendment of the IGA is necessary to reflect its desire to expand the powers delegated to the Commission as set forth in the First Amendment in order to provide more effective and efficient Airport management and operation; and 6.2 Packet Pg. 143 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) -2- WHEREAS, the Council, on behalf of the City in its role as an owner and operator of the Airport under the IGA, concurs with the Commission’s action changing the name of the Airport and declares that henceforth the Airport shall be known as the Northern Colorado Regional Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That, by adoption of this Ordinance City Council hereby ratifies and reaffirms the approval of the IGA and creation of the Commission as set forth therein and all actions heretofore taken by the Commission, its officers and members with respect to operation and management of the Airport pursuant to and within the scope of the IGA. Section 3. That the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport attached hereto as Exhibit “A” and incorporated herein by reference is hereby approved. Section 4. That the Mayor is authorized to execute the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport together with such changes to the form of said Agreement as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City provided such changes are materially consistent with the terms of this Ordinance and the intended purpose of said Agreement. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.2 Packet Pg. 144 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) -3- Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.2 Packet Pg. 145 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE, FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT THIS First Amendment is made and entered into this _____ day of , 2016, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to individually as a “City” and collectively as the "Cities." W I T N E S S E T H : WHEREAS, in 1963, the Cities established a regional general aviation facility and became the joint owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the "Airport"); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be operated and maintained as the Cities’ joint venture; and WHEREAS, the Cities have further determined that amendment of the IGA is necessary to reflect their desire to clarify the authorized powers of the Commission and delegate additional Airport duties and responsibilities to the Commission in order to provide more effective and efficient Airport management and operation. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. That Section 1. of the IGA is hereby amended to read in full as follows: 1. Joint Airport Operation. The operation and maintenance of the Airport is a joint venture between the City of Fort Collins and the City of Loveland, with full management and policy-making authority vested equally in both Cities. The following management and policy making issues (“Policy Issues”) are reserved to and shall require approval of the City Councils: A. adoption of the Airport Master Plan; EXHIBIT A 6.2 Packet Pg. 146 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) 2 B. approval of and participation in federal and state grant agreements except those that the Commission is authorized to approve under section 4 below; C. approval and execution of federal and state grant assurances, the approval of which is hereby delegated to the City Managers of each City as to their City; D. purchases and sales of real property or structures; E. construction of capital projects except to the extent of the authority granted to the Commission in section 4 below; F. approval of the annual Airport budget, which shall include a capital reserve fund (“Capital Reserve”) and an operating reserve fund (“Operating Reserve”); and G. approval of each Cities’ annual contributions to and appropriation of the Airport budget (the “Approved Airport Budget”). 2. That Section 4. of the IGA is hereby amended to read in full as follows: 4. Commission Powers and Scope of Authority. The Cities do hereby delegate to the Commission, to the extent consistent with and subject to any Airport plans or policies jointly adopted by the City Council, applicable federal and state law, the Cities’ charters, ordinances and regulations, as they exist or as amended, the terms and conditions of Federal Aviation Administration (“FAA”) regulations or other grant agreements, including without limitation any grant assurances set forth therein, and any other limitations set forth herein, the following power and authority to: A. Enter into Airport agreements, including Airport property leases and contracts for goods and services, provided that such agreements are: i. in a form generally approved by the City Manager and City Attorneys for each City; ii. as to leases of Airport property and improvements, are for an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use, are for a use permitted by any land use or zoning codes or regulations applicable to the Airport property, and are for a total term not to exceed fifty years; iii. within the Approved Airport Budget and appropriations, and iv. entered into in accordance with City of Loveland Purchasing policies. B. Authorize Airport activities; C. Adopt or revise Airport rules and regulations, including minimum standards; D. Develop budgets, establish capital and operations reserve policies and propose capital projects consistent with Approved Airport Budget; E. Expend appropriated funds consistent with the Approved Airport Budget, provided that any expenditures from Capital Reserves and Operating Reserves included in the Approved Airport Budget do not exceed the lesser of: i. Twenty-five percent (25%) of the annual Budget approved by the Councils, or 6.2 Packet Pg. 147 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) 3 ii. Fifty percent (50%) of the unassigned balances of the Airport Fund including Operating Reserves, and the Airport Capital Fund. Notwithstanding the foregoing, the expenditure of Capital Reserves and Operating Reserves permitted under this Section 4.E shall be permitted only to the extent that such amounts have been appropriated by the Cities, and do not result in reduction of the Reserves below any minimum amount required by policy approved by the Cities; F. Establish Airport rates, fees and charges on an annual basis; G. Establish Airport service levels; H. Develop an Airport operating plan, including security and emergency plans; and I. Direct the Airport Manager in the provision of Airport services, including the establishment of goals and objectives for each year and annual evaluations of the Airport Manager’s performance in relation thereto in order to make recommendation to the Loveland City Manager regarding employment matters involving the Airport Manager; J. Sign grant agreements to the extent permitted by grantors, so long as such grant agreements: (i) do not include commitment of Airport revenues and funds for grant matches of more than $300,000 from appropriated funds included in the Approved Airport Budget; (ii) do not involve capital construction projects unless such projects are included in the Approved Airport Budget; and (iii) are approved by the City Managers, to the extent the City Managers are authorized by their respective City Councils to do so; K. Provide recommendations to the Cities regarding Airport policy issues. 3. That the name of the Airport throughout the IGA shall be Northern Colorado Regional Airport. 4. That except as amended by this First Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this First Amendment has been executed the day and year first above written. THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: __________________________ Mayor 6.2 Packet Pg. 148 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) 4 ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ______________________________ Mayor ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ City Attorney FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT 6.2 Packet Pg. 149 Attachment: Ordinance No. 067, 2016 (4483 : SR 067-068 Airport) -1- ORDINANCE NO. 068, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS SECTIONS OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE DELEGATION OF AUTHORITY TO THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION AND CHANGE OF THE NAME OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT TO THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the cities of Fort Collins and Loveland (“Cities”) established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the “Airport”); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015, (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, by adoption of Resolution 2015-003 on January 6, 2015, the City Council approved the IGA; and WHEREAS, the Commission, at its April 27, 2016 meeting, approved and recommended adoption by the Cities of certain proposed amendments to IGA expanding the powers delegated to the Commission as set forth in the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport (the “First Amendment”); and WHEREAS, at the April 27, 2016 meeting, the Commission also voted to change the name of the Airport to the Northern Colorado Regional Airport; and WHEREAS, with its adoption of Ordinance 067, 2016, the City Council approved the First Amendment to the IGA to reflect its desire to expand the powers delegated to the Commission as set forth in the First Amendment in order to provide more effective and efficient Airport management and operation; and WHEREAS, with the adoption of Ordinance 067, 2016, the City Council also ratified and affirmed approval of the IGA and creation of the Commission as set forth therein pursuant to the provisions of Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions; and 6.3 Packet Pg. 150 Attachment: Ordinance No. 068, 2016 (4483 : SR 067-068 Airport) -2- WHEREAS, the Council, on behalf of the City in its role as an owner and operator of the Airport under the IGA, concurs with the Commission’s action changing the name of the Airport and declares that henceforth the Airport shall be known as the Northern Colorado Regional Airport; and WHEREAS, the Council desires to amend the City Code to enable the delegation of powers to the Commission as set forth in the First Amendment and to make other conforming changes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the definition of “Airport” contained in Section 7.5-90 of the Code of the City of Fort Collins is hereby amended to read as follows: Airport shall mean the area of the Northern Colorado Regional Airport. Section 3. That Subsection Section 7.5-91(a) of the Code of the City of Fort Collins is hereby amended to read as follows: (1) The City, together with the City of Loveland, owns and controls that certain Airport and air navigation facility located in Larimer County, State of Colorado, and known as the Northern Colorado Regional Airport (the "Airport"). Section 4. That Subsection 23-113(b) of the Code of the City of Fort Collins is hereby amended to read as follows: . . . (b) Interests in other real property owned in the name of the City may be leased subject to the following provisions: (1) The City Council may lease any and all interests in real property owned in the name of the City if the City Council first finds that the lease is in the best interests of the City. Such leases may be approved by the City Council by resolution unless the proposed term of the lease exceeds twenty (20) years, in which event the lease must be approved by the City Council by ordinance. (2) The City Manager may lease, for a definite term of five (5) years or less, any interests in real property owned in the name of the City. This five-year limitation shall not apply to the lease of real property located at the Northern Colorado Regional Airport. 6.3 Packet Pg. 151 Attachment: Ordinance No. 068, 2016 (4483 : SR 067-068 Airport) -3- (3) The Northern Colorado Regional Airport Commission may, on behalf of and in the name of the City and the City of Loveland, as co-owners and operators of the Northern Colorado Regional Airport, lease an interest in real property Airport subject to the following requirements: (a) All leases of Airport property shall be in a form generally approved by the City Manager and the City Attorney; (b) The use to which the real property is to be put under the lease is an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use; (c) The use to which the real property is to be put is permitted by any land use or zoning codes or regulations applicable to the real property; and (d) The lease and the use to which the real property is to be put are in compliance with all Federal Aviation Administration and state laws, regulations and agreements applicable to the property to be leased; (e) The total term of the lease, including all options to extend, shall not exceed fifty years; and (f) Any direct monetary obligations created by the lease are within the approved Airport budget and appropriations. (4) The City Manager shall promptly notify the City Council of the execution of any lease agreement entered into by the City pursuant to Paragraph (2) above. (5) The Northern Colorado Regional Airport Commission shall notify the City Council of the execution of any lease agreement entered into by the Commission on behalf of the Cities pursuant to Subsection (3) above. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.3 Packet Pg. 152 Attachment: Ordinance No. 068, 2016 (4483 : SR 067-068 Airport) -4- Passed and adopted on final reading on this 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk 6.3 Packet Pg. 153 Attachment: Ordinance No. 068, 2016 (4483 : SR 067-068 Airport) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance unanimously adopted on First Reading on May 17, 2016 annexes 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. A related item to zone the annexed property is presented as the next item on the agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary on May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 069, 2016 (PDF) 7 Packet Pg. 154 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Mountain's Edge Annexation. EXECUTIVE SUMMARY A. Resolution 2016-041 Setting Forth Findings of Fact and Determinations Regarding the Mountain’s Edge Annexation. B. Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on the agenda. 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 Ordinance on First Reading. BACKGROUND / DISCUSSION The subject property gains the required one-sixth (16.66%) contiguity to existing City limits from three sides. As a result, there is 84.30% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. Annexing this 18.52 acres parcel does not create (nor does it contribute to) an enclave. BOARD / COMMISSION RECOMMENDATION At its April 7, 2016 regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the L-M-N, Low Density Mixed- Use Neighborhood zone district and into the Residential Neighborhood Sign District. Minutes of this hearing are attached. Most of the comments raised at the hearing were related to the potential development aspects of a Project Development Plan. PUBLIC OUTREACH Given the location of the parcel within the City’s Growth Management Area, with 84.3% of the total perimeter boundary being contiguous to be existing municipal boundary and with the Intergovernmental Agreements in ATTACHMENT 1 7.1 Packet Pg. 155 Attachment: First Reading Agenda Item Summary on May 17, 2016 (w/o attachments) (4484 : SR 069 Mountain's Edge Annexation) Agenda Item 12 Item # 12 Page 2 place with Larimer County, no neighborhood meeting was held for this annexation and zoning. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting will be required prior to submittal of a Project Development Plan. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Planning Objectives (PDF) 5. Annexation Petition (PDF) 6. Plannnig & Zoning Board Minutes April 7, 2016 (PDF) 7.1 Packet Pg. 156 Attachment: First Reading Agenda Item Summary on May 17, 2016 (w/o attachments) (4484 : SR 069 Mountain's Edge Annexation) -1- ORDINANCE NO. 069, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MOUNTAIN’S EDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-031, finding substantial compliance and initiating annexation proceedings for the Mountain’s Edge Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-041 setting forth findings of fact and determinations regarding the Mountain’s Edge Annexation is being adopted concurrently with the first reading of this Ordinance; 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2016-031 and Resolution 2016-041 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES, MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Mountain’s Edge 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. 7.2 Packet Pg. 157 Attachment: Ordinance No. 069, 2016 (4484 : SR 069 Mountain's Edge Annexation) -2- Section 4. 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 5. 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 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk 7.2 Packet Pg. 158 Attachment: Ordinance No. 069, 2016 (4484 : SR 069 Mountain's Edge Annexation) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Second Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2016, zones the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 070, 2016 (PDF) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. 8 Packet Pg. 159 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Public Hearing and First Reading of Ordinance No. 070, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mountain's Edge Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the Mountain’s Edge Annexation into the Low Density Mixed-Use Neighborhood zone district. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In compliance with the City’s Structure Plan Map, an element of the City’s Comprehensive Plan (City Plan), the requested zoning is L-M-N, Low Density Mixed-Use Neighborhood. Context The surrounding zoning and land uses are as follows: N: County FA-1 Drive-In Movie Theatre S: R-L Quail Hollow and Burns Ranch Subdivisions E: R-L Brown Farm Subdivision W: P-O-L Pine Ridge Natural Area Zoning Per the Structure Plan Map, the proposed zoning for the subject annexation is L-M-N, Low Density Mixed-Use Neighborhood. The Land Use Code describes this district as: “…intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the ATTACHMENT 1 8.1 Packet Pg. 160 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4499 : SR 070 Mountain's Edge Zoning) Agenda Item 13 Item # 13 Page 2 small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.” BOARD / COMMISSION RECOMMENDATION At its April 7, 2016 regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the L-M-N, Low Density Mixed- Use Neighborhood and into the Residential Neighborhood Sign District. Minutes of this hearing are attached. Most of the comments raised at the hearing were related to the potential development aspects of a Project Development Plan. PUBLIC OUTREACH Given the location of the parcel within the City’s Growth Management Area, with 84.3% of the total perimeter boundary being contiguous to be existing municipal boundary and with the Intergovernmental Agreements in place with Larimer County, no neighborhood meeting was held for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. A neighborhood meeting will be required prior to submittal of a Project Development Plan. ATTACHMENTS 1. Zoning Map (PDF) 2. Planning & Zoning Minutes April 7, 2016 (PDF) 8.1 Packet Pg. 161 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4499 : SR 070 Mountain's Edge Zoning) -1- ORDINANCE NO, 070, 2016 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 MOUNTAIN’S EDGE 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 determined that the proposed zoning of the Mountain’s Edge Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 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 by including the property known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, which property (the “Property”) is more particularly described as: A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; 8.2 Packet Pg. 162 Attachment: Ordinance No. 070, 2016 (4499 : SR 070 Mountain's Edge Zoning) -2- LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES, MORE OR LESS. 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 Property is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk 8.2 Packet Pg. 163 Attachment: Ordinance No. 070, 2016 (4499 : SR 070 Mountain's Edge Zoning) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Second Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, adopted unanimously on First Reading on May 17, 2016, annexes a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive, west of the Interstate 25 frontage road and is approximately 1,000 feet in length. STAFF RECOMMENDATION Staff recommends adoption the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 071, 2016 (PDF) 9 Packet Pg. 164 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Items Relating to the East Prospect at Boxelder Creek Annexation. EXECUTIVE SUMMARY A. Resolution 2016-042 Setting Forth Findings of Fact and Determinations Regarding the East Prospect at Boxelder Creek Annexation. B. Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This is a request to annex a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive and west of the Interstate 25 frontage road. The segment is approximately 1,000 feet in length. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on this Agenda. 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 Ordinance on First Reading. BACKGROUND / DISCUSSION According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property in the GMA when the property is eligible according to State law. The subject property gains the required one-sixth (16.66%) contiguity to existing city limits from several abutting properties. 42% of the total perimeter is contiguous to the existing municipal boundary, which exceeds the required minimum. This annexation request is in conformance with Section 30, Article II of the Colorado State Constitution, 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. This annexation of right-of-way fills two small gaps in existing city limits along East Prospect Road. Adjacent owners agree with the annexation and have signed the Petition to Annex. ATTACHMENT 1 9.1 Packet Pg. 165 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4500 : SR 071 East Prospect at Boxelder Creek Annexation) Agenda Item 14 Item # 14 Page 2 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on April 7, 2016. The Board voted 7-0 as part of its consent agenda, to recommend approval of the annexation and place the parcel in the Urban Estate and Employment zone districts. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on April 7, 2016. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation Petition (PDF) 9.1 Packet Pg. 166 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4500 : SR 071 East Prospect at Boxelder Creek Annexation) -1- ORDINANCE NO. 071, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST PROSPECT AT BOXELDER CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-032, finding substantial compliance and initiating annexation proceedings for the East Prospect at Boxelder Creek Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-042 setting forth findings of fact and determinations regarding the East Prospect at Boxelder Creek Annexation is being adopted concurrently with the first reading of this Ordinance; 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2016-___ and Resolution 2016-032 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE 9.2 Packet Pg. 167 Attachment: Ordinance No. 071, 2016 (4500 : SR 071 East Prospect at Boxelder Creek Annexation) -2- NORTHWEST CORNER OF SAID ANNEXATION; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51 FEET; THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET; THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET; THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET; THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET; THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING THREE (3) COURSES: 1. S00°11'35"W, A DISTANCE OF 60.02 FEET; 2. S88°21'25"E, A DISTANCE OF 514.24 FEET; 3. N01°38'35"E, A DISTANCE OF 102.50 FEET; THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID INTERSTATE LANDS SECOND ANNEXATION; THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East Prospect at Boxelder Creek 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 4. 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 5. 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. 9.2 Packet Pg. 168 Attachment: Ordinance No. 071, 2016 (4500 : SR 071 East Prospect at Boxelder Creek Annexation) -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk 9.2 Packet Pg. 169 Attachment: Ordinance No. 071, 2016 (4500 : SR 071 East Prospect at Boxelder Creek Annexation) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Second Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2016, zones the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 072, 2016 (PDF) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. 10 Packet Pg. 170 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Public Hearing and First Reading of Ordinance No. 072, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Prospect at Boxelder Creek Annexation to the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to zone the property included in the East Prospect at Boxelder Creek Annexation as a mix of Urban Estate (UE) and Employment (E). This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning is a mix of Urban Estate (U-E) and Employment (E) consistent with the City Structure Plan and zoning on adjacent properties. The surrounding land uses are as follows: Direction Zone District Existing Land Uses North Employment (E) and County FA, Farming District Large-lot single-family houses and vacant property South County FA and Public Open Lands (P- O-L) Large-lot single-family house, vacant property, and State Visitors Welcome Center East General Commercial (CG) Prospect Road right-of-way near the I-25 frontage road West Community Commercial - River (CCR) Prospect Road right-of-way near Hageman Earth Cycle landscape materials and recycling business BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on April 7, 2016. The board voted 7-0 on its consent agenda, to recommend approval of the annexation and place the parcel in the Urban Estate and Employment zone districts. PUBLIC OUTREACH ATTACHMENT 1 10.1 Packet Pg. 171 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4501 : SR 072 East Prospect at Boxelder Creek Zoning) Agenda Item 15 Item # 15 Page 2 The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on April 7, 2016. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Zoning Map (PDF) 10.1 Packet Pg. 172 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4501 : SR 072 East Prospect at Boxelder Creek Zoning) -1- ORDINANCE NO, 072, 2016 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 EAST PROSPECT AT BOXELDER CREEK 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 determined that the proposed zoning of the East Prospect at Boxelder Creek Annexation property, as described below (the “Property”) is consistent with the City’s Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below and has determined that the Property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 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 by including the property known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS 10.2 Packet Pg. 173 Attachment: Ordinance No. 072, 2016 (4501 : SR 072 East Prospect at Boxelder Creek Zoning) -2- COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL LEARNING CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE NORTHWEST CORNER OF SAID ANNEXATION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51 FEET; THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET; THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET; THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET; THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET; THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°11'35"W, A DISTANCE OF 60.02 FEET; THENCE ALONG THE SOUTH LINE OF SAID ANNEXATION AND ITS EASTERLY EXTENSION, S88°21'25"E, A DISTANCE OF 589.31 FEET TO THE POINT OF BEGINNING; CONTAINING 46,948 SQUARE FEET (1.078 ACRES), MORE OR LESS. Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado, in the Employment (“E”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 16 AND THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT 10.2 Packet Pg. 174 Attachment: Ordinance No. 072, 2016 (4501 : SR 072 East Prospect at Boxelder Creek Zoning) -3- ON THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE AND ITS WESTERLY EXTENSION, N88°21'25"W, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID ANNEXATION BOUNDARY, N01°38'35"E, A DISTANCE OF 102.50 FEET; THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET, RETURNING TO A POINT ON THE BOUNDARY OF INTERSTATE LANDS SECOND ANNEXATION; THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 29,766 SQUARE FEET (0.683 ACRES), MORE OR LESS. Section 4. 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 Property to be zoned in the Urban Estate Zone District is included in the Residential Neighborhood Sign District and the Property to be zoned in the Employment Zone District is not included in the Residential Neighborhood Sign District. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk 10.2 Packet Pg. 175 Attachment: Ordinance No. 072, 2016 (4501 : SR 072 East Prospect at Boxelder Creek Zoning) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator SUBJECT First Reading of Ordinance No. 075, 2016, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the Safe Routes to School Program. EXECUTIVE SUMMARY The purpose of this item is appropriate unbudgeted funds received through a grant for the Safe Routes to School (SRTS) program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $12,960 grant for implementation of new bicycling and walking camps, clubs and field trips at Fort Collins schools. This project requires a 20% local match ($3,240), which will be covered by the SRTS program operating budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Safe Routes to School (SRTS) is a nationwide effort to get more children biking and walking to school for their health, academic achievement and the environment. SRTS focuses on the Five E’s of transportation services: Education, Encouragement, Engineering, Enforcement and Evaluation. The City’s SRTS program emphasizes education, encouragement and evaluation activities, while collaborating with other City departments to address engineering and enforcement issues. In 2015, the SRTS program reached a total of 15,700 local residents with bike-pedestrian education and encouragement programming, including 13,500 K-12 students and 2,200 parents and other adults. Of the 13,500 students, 7,700 received personal instruction on bike-pedestrian safety from an SRTS instructor during PE class or at another school or community event. The success of the program is based on collaborations with local partners, including Poudre School District (PSD), Bike Fort Collins, Bicycle and Pedestrian Education Coalition, Safe Kids Larimer County, BaseCamp, various City departments (Traffic Operations, Police, Engineering, Recreation, Parks, Streets), local businesses, individual schools and parents. This grant supports the following City of Fort Collins plans: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 - Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike 11 Packet Pg. 176 Agenda Item 11 Item # 11 Page 2 and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use. 2014 Bicycle Plan: Recommendation 2.7 - Expand Safe Routes to School Programming With the assistance of local advocacy organizations and community partners, the SRTS program will educate at least 8,000 K-12 students annually by 2020. This grant funding will support existing bike field trips at two schools (Olander Elementary and Traut Elementary) and will create new after-school and summer biking and walking camps/clubs at Summer BaseCamp and regular BaseCamps at Irish, Laurel, Linton, O’Dea, Putnam and Werner elementary schools. It will also support a new after-school bike club at Lincoln Middle School. CITY FINANCIAL IMPACTS This is the latest of several grants received by the City’s Safe Routes to School program since 2007, totaling $803,981. CDOT is providing 80% ($12,960) of the full program cost ($16,200), with the City’s SRTS program covering 20% ($3,240) in required matching funds. BOARD / COMMISSION RECOMMENDATION The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS program. Both groups have shown strong support for the program’s goals as well as for grant funding to support the program. The PSD SRTS Steering Committee also supports the scope of this grant. PUBLIC OUTREACH SRTS public outreach occurs on an ongoing basis through presentations to school PTOs/PTAs, school wellness teams and community groups. Public outreach is also accomplished through an SRTS annual summary, media coverage and information posted on the SRTS website, Safe Routes to School. 11 Packet Pg. 177 -1- ORDINANCE NO. 075, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION SERVICES FUND FOR THE SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, the Safe Routes to School Program established by the Colorado Department of Transportation (“CDOT”) is designed to promote the safety of students traveling to and from school and to encourage more students to choose walking or bicycling to and from school; and WHEREAS, the City of Fort Collins Safe Routes to School Program has received a grant through CDOT in the amount of $12,960; and WHEREAS, this grant requires a minimum 20% local match which will be paid for by existing appropriations in the Safe Routes to School operating budget in FC Moves in the amount of $3,240; and WHEREAS, the grant and matching funds will be used for implementation of new bicycling and walking camps, clubs and field trips at Fort Collins schools; and WHEREAS, the City’s grant application defines the scope of the grant and the City is awaiting a CDOT letter to proceed and invoice before conducting activities pursuant to the grant; 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, do 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 grant funds as described herein will not cause the total amount appropriated in the Transportation Services 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 as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Transportation Services Fund the sum of TWELVE THOUSAND NINE HUNDRED SIXTY DOLLARS ($12,960) for the Safe Routes to School Program implementation of new bicycling and walking camps, clubs and field trips at Fort Collins Packet Pg. 178 -2- schools. Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 2016, and to be presented for final passage on the 21st day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 179 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT First Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access Easement on Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the Vacation of an Existing Access Easement. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of an access easement to Jerry and Darla Roselle (“Roselles”) in exchange for an easement from the Roselles, with the consent of the North Poudre Irrigation Company, across the Fossil Creek Inlet Ditch Road on Topminnow Natural Area and the Roselles' property. Both properties are bounded by the Fossil Creek Inlet Ditch. The Natural Areas Department is in the process of acquiring 5-plus acres of land from the Roselles to add to Topminnow Natural Area. The Roselles intend to retain a small parcel of land east of the Ditch necessitating the need for an access easement. The best physical access is across the Fossil Creek Inlet Ditch Road, which is maintained by North Poudre Irrigation Company within easements it owns on the City and Roselle properties. The parties have proposed to enter into a reciprocal access easement which will formalize the access rights and obligations for each party on the ditch road. The Roselles have also agreed to vacate an existing access easement on the east side of the natural area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City property, ("Topminnow Natural Area"), identified as Lot 2 of the Amended Roselle-Shields MLD and by Parcel Number 87332-30-902, was acquired in 2014 by the Natural Areas Department for public natural area purposes. The Roselles own an 11-acre parcel (Lot 1 of the Amended Roselle-Shields MLD) which is immediately south of Topminnow Natural Area. The Fossil Creek Inlet Ditch, which is within easements acquired from prior landowners, forms the western boundary of Topminnow and bisects the Roselle's property. Natural Areas is in the process of acquiring 5+ acres of the Roselle's property east of the ditch in order to expand Topminnow and to enhance grassland wildlife habitat adjacent to the wetland created at Topminnow. The Roselles will retain a 0.5 acre piece of land east of the ditch. Currently, the Roselles have an access easement to their property on the east side of Topminnow. However, Natural Areas would like to realign that access easement to the Fossil Creek Inlet Ditch Road, which would have a lesser impact on the Department's restoration efforts on Topminnow and provide direct access to the parcel the Roselles intend to retain. The Fossil Creek Inlet Ditch Road is an existing two-track which is operated and maintained by the North Poudre Irrigation Company. During negotiations, the Roselles agreed to grant an easement to the City across the Fossil Creek Inlet Ditch Road on their retained parcel. The easement will provide the Roselles' access to their retained parcel east of the ditch and will also provide secondary access for the Natural Areas Department. 12 Packet Pg. 180 Agenda Item 12 Item # 12 Page 2 CITY FINANCIAL IMPACTS Given the existence of the Fossil Creek Inlet Ditch Road, the fact that this easement will replace an existing access easement owned by the Roselles, and the mutual benefit of the access easement, the easement would be granted to the Roselles at no cost. BOARD / COMMISSION RECOMMENDATION At its September 2015 regular meeting, the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the Ordinance on a Reciprocal Access Easement to provide maintenance and emergency access to Topminnow Natural Area and to the Roselles. (Attachment 2) ATTACHMENTS 1. Location map (PDF) 2. Land Conservation & Stewardship Board minutes, September 9, 2015 (PDF) 12 Packet Pg. 181 Creek Reservoi r Inlet L i t t l e a n d B i g B a s s P o n d s C o r m o r a n t P o n d Fossil Creek Reservoir Inlet B e a v e r P o n d B e a v e r P o n d I - 2 5 P o n d hannel S n a p p e r P o n d Ziegler Rd E Harmony Rd E Horsetooth Rd Strauss Cabin Rd S County Road 9 E Horsetooth Rd Strauss Cabin Rd üZYXW !"`$ !"`$ StrangPit Arapaho Bend Natural Area ± ArapahoBend NaturalArea East Rigden Reservoir RunningDeer NaturalArea Topminnow NaturalArea EHorsetoothRd AmendedRoselleͲShieldsM.L.D.No.99ͲS1466 VicinityMap Exterior Boundary of the Existing Amended Roselle-Shields M.L.D. ATTACHMENT 1 12.1 Packet Pg. 182 Attachment: Location map (4473 : Shared Access Easement on Topminnow Natural ARea) Fossil Creek Reservoir Inlet E Horsetooth Rd Lot 2 (Topminnow Natural Area) Lot 1 (Roselle ) Strang Pit Amended Roselle‐Shields M.L.D. No. 99‐S1466 Property Map ± Exterior Boundary of Roselle-Shields M.L.D. Portion of Lot 1 to be added to Lot 2 City Limits Current boundary line between Lots 1 and 2 Existing easement to be vacated Access requested by the Roselles Panhandle to be retained by Roselles with access easement to City 12.1 Packet Pg. 183 Attachment: Location map (4473 : Shared Access Easement on Topminnow Natural ARea) Land Conservation & Stewardship Board September 9, 2015 ATTACHMENT 2 12.2 Packet Pg. 184 Attachment: Land Conservation & Stewardship Board minutes, September 9, 2015 (4473 : Shared Access Easement on Topminnow Natural 12.2 Packet Pg. 185 Attachment: Land Conservation & Stewardship Board minutes, September 9, 2015 (4473 : Shared Access Easement on Topminnow Natural -1- ORDINANCE NO. 076, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON TOPMINNOW NATURAL AREA TO JEROME B. AND DARLA J. ROSELLE IN EXCHANGE FOR THE VACATION OF AN EXISTING ACCESS EASEMENT WHEREAS, the City is the owner of a parcel of property in Larimer County, Colorado known as Topminnow Natural Area, and more particularly described as Lot 2, Amended Plat of Roselle-Shields Minor Land Division No. 99-S1466 (the “City Property”); and WHEREAS, Jerome B. and Darla J. Roselle (the “Roselles”) own a parcel of land adjacent to and south of the City Property described as Lot 1, Amended Plat of Roselle-Shields Minor Land Division No. 99-S1466 (the “Roselle Property”); and WHEREAS, the Roselles have agreed to sell to the City a portion of the Roselle Property totaling approximately five acres (the “Purchase Parcel”) that, through another amendment to the plat of the Roselle-Shields Minor Land Division, would become part of the City Property; and WHEREAS, the City Property and the Purchase Parcel are both bounded on the west by the Fossil Creek Inlet Ditch (the “Ditch”), which is owned, maintained and operated by North Poudre Irrigation Company (“NPIC”) within non-exclusive easements that NPIC acquired from predecessors in interest of the City and the Roselles (the “Ditch Easements”); and WHEREAS, the Roselle Property is bisected by the Ditch, and the Roselles currently have access to the portion of their property that is on the east side of the Ditch via an existing thirty-foot wide easement on the east side of the City Property (the “Existing Easement”); and WHEREAS, the Roselles wish to retain access to the portion of their property that is on the east side of the Ditch, and Natural Areas staff would prefer that such access be along the existing NPIC ditch road (the “Ditch Road”) so that the Roselles’ existing access easement could be vacated; and WHEREAS, Natural Areas would like an easement across the remaining portion of the Roselle Property that is on the east side of the Ditch as an alternative access route to the City Property; and WHEREAS, the City, the Roselles and NPIC have negotiated a reciprocal access easement agreement whereby, upon closing on the Purchase Parcel, the City would grant the Roselles an access easement over that portion of the Ditch Road that is located on the City Property and the Purchase Parcel, and the Roselles would grant the City an access easement over the portion of the Ditch Road that is located on the remaining Roselle Property; and WHEREAS, the new easement would take the place of the Existing Easement, which the Roselles would terminate; and Packet Pg. 186 -2- WHEREAS, the location of the proposed shared access easement is indicated on Exhibit “A”, attached and incorporated herein by this reference (the “Access Easement”); and WHEREAS, NPIC has consented to the conveyance of the Access Easement and the parties’ use of the Ditch Road so long as it does not interfere with NPIC’s use of the Ditch Easements or Ditch Road; and WHEREAS, as additional consideration for NPIC’s consent to this use of the Ditch Road the City is agreeing to assume responsibility for weed control within the portion of the Access Easement located on the City Property; and WHEREAS, a draft of the proposed Reciprocal Access Easement Deed and Agreement is attached and incorporated herein as Exhibit “B” (the “Easement Agreement”); and WHEREAS, because the Access Easement will replace the Existing Easement the Roselles own on the City Property, the Access Easement is within the existing Ditch Easements and will use existing improvements, and in consideration of the mutual purpose and benefit of the Access Easement, City staff is recommending that the City not charge the Roselles any additional consideration for the Access Easement; and WHEREAS, at its regular meeting on September 9, 2015, the Land Conservation and Stewardship Board voted to recommend approval of the conveyance of the Access Easement; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Access Easement to the Roselles as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute the Easement Agreement in substantially the form attached as Exhibit “B”, in exchange for vacation of the Existing Easement and otherwise consistent with the terms of this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Access Easement provided that such changes do not materially increase the size or change the character of the interests to be conveyed. Packet Pg. 187 -3- Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 2016, and to be presented for final passage on the 21st day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 188 LOT 2 54.032 ACRES LOT 1 5.766 ACRES LEGEND KING SURVEYORS 650 E. Garden Drive | Windsor, Colorado 80550 phone: (970) 686-5011 | email: info@KingSurveyors.com 2 O:\2015958\DWG\2015958MLD.dwg, 3/31/2016 7:20:10 AM 3URSRVHGVKDUHG DFFHVVHDVHPHQW ([LVWLQJ ZLGH DFFHVVHDVHPHQW 3URSRV DFFHVV ZLGH HPHQW (;+,%,7$ EXHIBIT A 1 Attachment: Exhibit A (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 1 RECIPROCAL ACCESS EASEMENT DEED AND AGREEMENT THIS RECIPROCAL ACCESS EASEMENT DEED AND AGREEMENT (“Agreement”) is made and entered into this ________ day of ______________, 2016 (the “Effective Date”), by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, (“City”), whose address is P.O. Box 580, Fort Collins, Colorado 80522, JEROME B. ROSELLE AND DARLA J. ROSELLE (the “Roselles”) whose address is 3314 Grand Canyon Court, Fort Collins, CO 80525 and the NORTH POUDRE IRRIGATION COMPANY (“NPIC”), whose address is 3729 Cleveland Ave, Wellington, CO 80549 . 1. City’s Property. City is the owner of that certain parcel of real property located in Larimer County, Colorado, which is legally described on Exhibit A, consisting of one (1) page, attached to and made a part of this Agreement (“City Property”). 2. Roselles’ Property. The Roselles are the owners of that certain parcel of real property located in Larimer County, Colorado, which is legally described on Exhibit B, consisting of one (1) page, attached to and made a part of this Agreement (“Roselles’ Property”). 3. NPIC’s Property. NPIC is the owner of that certain ditch known as the Fossil Creek Inlet Ditch, (the “Ditch”) depicted on Exhibit C. The Ditch runs along the western boundary of the City property and bisects the Roselles’ Property. NPIC is also the owner of two non-exclusive easements appurtenant to the Ditch, one recorded at Book 166, Page 342 dated March 29, 1902; and one recorded at Reception Number 20070056665 dated May 23, 2007, both of which are recorded in the records of the Larimer County Clerk and Recorder’s Office. (“NPIC Easements”) Said easements owned by NPIC are for the use, operation, maintenance and various other related purposes attendant to the operation of the Ditch and also provide access to the Ditch for said purposes along an existing two-track road referred to as the Fossil Creek Inlet Ditch road (the “Ditch Road”). The Ditch Road is currently used and maintained by NPIC for access to the Ditch for the purpose of operating, repairing and maintaining the Ditch. Such use includes, but is not limited to, mowing, removal of obstructions, cleaning the Ditch and Ditch banks, grading, and maintaining road base, and construction, operation and maintenance of ditch structures and facilities. NPIC’s use of the NPIC Easements and Ditch Road shall not be affected, impeded or restricted by this Agreement, and all use of the Easement granted in Paragraph 4 herein between the City and Roselles as set forth in Exhibit “D” is subject to the NPIC Easements and Ditch Road. 4. Grant of Easement – Consideration. For and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which the parties acknowledge, the City and Roselles each hereby grant, sell and convey to each other and their respective successors, heirs and assigns, and NPIC hereby consents to the use of, a 20-foot-wide perpetual, non-exclusive shared access easement (the “Easement”) on, over, under and across their respective Properties in the locations shown and described more fully on Exhibit D, consisting of two (2) pages, attached to and made a part of this Agreement (the “Easement Area”), subject to the conditions and restrictions set forth below. EXHIBIT B 2 Packet Pg. 190 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 2 5. Purpose and Uses of Easement. (a) The parties acknowledge that the Easement overlies the Ditch Road, which has been in place for many decades. The City and Roselles may use the Easement solely for occasional vehicular access to maintain and inspect their respective undeveloped properties, on, over, and across the Easement Area, in a manner so as not to interfere with NPIC’s use of the NPIC Easements and Ditch Road. The Easement may not be used for public access or recreational purposes. Use of the Easement shall be restricted to the parties hereto, their employees, agents, representatives, successors and assigns. (b) City and Roselles agree not to install any structures, fences, gates, or improvements, or plant or place trees, shrubs, or landscaping within or over the Easement Area. (c) The City and the Roselles acknowledge that NPIC’s use, operation, maintenance and related activities on and within the Easement may inconvenience the Roselles and the City and may temporarily interfere with any rights they otherwise have to use the Easement. (d) The City and the Roselles acknowledge that NPIC’s maintenance of the Ditch, the Ditch Road and ancillary elements attendant to each may, at times, temporarily preclude the City’s and Roselles’ use of the Easement. In the event NPIC plans any routine maintenance activities which it knows in advance will preclude the City’s and Roselle’s use of the Easement for any period in excess of twenty-four (24) hours, NPIC shall provide the City and Roselles with as much advance notice as practicable under the circumstances. (e) The City and Roselles further understand and acknowledge that NPIC’s operations, use and maintenance of the Ditch and Ditch Road may cause or result in damage to the Easement and any improvements on the Easement. NPIC shall not be responsible for any damage to improvements, if any, made upon the Easement by City or Roselles. 6. Rights in Easement as between City and Roselles. (a) City and Roselles each shall have the right to use the Easement Area for purposes that will not interfere with the other party’s full enjoyment of the rights granted herein, including but not limited to each party’s right to operate or allow others to operate utility improvements on its own property within the Easement Area. (c) City and Roselles shall not deposit or permit their employees, agents, representatives, successors and assigns to deposit, earth, rubbish, debris, or any 2 Packet Pg. 191 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 3 other substance or material, whether combustible or noncombustible, on the Easement Area, other than vegetation acceptable to all parties. 7. Obligations Regarding Easement Area as between City and Roselles. (a) All activities by the City and Roselles on the Easement Area, including access across the Easement Area, must be carried out in a manner reasonably expected to minimize disturbance to the natural features of each party’s respective property, any improvements thereon, and such party’s intended purposes therefor. (b) The City and Roselles acknowledge that the Easement granted herein pursuant to Paragraph 4, above, is subject to all prior liens, encumbrances, easements, restrictions, reservations and rights of way affecting the City’s and Roselle’s respective properties. 8. Maintenance (a) The City and the Roselles understand that NPIC has no duty or obligation to maintain the Ditch Road but that NPIC may maintain the Ditch Road at its sole discretion for its own needs and purposes. Although they benefit from NPIC’s maintenance of the Ditch Road, the City and Roselles shall have no right to make any claim or demand of or against NPIC regarding maintenance, repairs, upkeep, funding or reimbursement of any type regarding the Ditch Road, except as expressly provided for herein. (b) As consideration for NPIC’s consent to this Easement, the City agrees to assume responsibility for weed control within the portion of the Easement Area located on the City Property. The City will manage and control weeds in that portion of the Easement Area in the same manner and to the same extent as it does on the City Property, or as otherwise reasonably necessary to permit the City, Roselles and NPIC to access, use, operate and maintain the Ditch Road. (c) Should either the Roselles or the City desire to perform any maintenance or repair upon the Ditch Road other than the weed control described in subsection (b) above, they shall have the rights to do so, provided that NPIC first approves the work. NPIC shall be provided written notification of the proposed maintenance or repairs at least fourteen (14) days prior to commencement of any proposed maintenance or repair, including the proposed cost and plan of the proposed maintenance or repair, a time schedule for performance, the name address and phone number for any contractor retained for performance; and the current name, address and phone number of the party proposing the maintenance or repair. Should NPIC fail to respond in writing to the proposal within fourteen (14) days of receipt of the notice, NPIC shall be deemed to have approved the proposed work. The party performing the maintenance or repair work shall provide the other parties a copy of the paid invoice for approved work within thirty (30) days 2 Packet Pg. 192 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 4 of completion of such maintenance and repair. However, should NPIC object to the proposed work, the Roselles and the City agree to waive all rights to defend against any Temporary Restraining Order, Preliminary Injunction, or other temporary relief that NPIC may seek to enjoin any maintenance, improvements, or time schedule that proceeds without NPIC’s approval. (d) Except as otherwise provided herein, in the event one party’s use of or activities over or within the Easement Area, causes damage to another party’s property or the Easement Area, the responsible party shall make such repairs or take such other action as may be necessary to restore the Easement Area or other property to a condition comparable to its prior condition, including but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably satisfactory to the other party, and shall provide ongoing maintenance of any seeded or planted areas, correction of any subsidence, and restoration of any other affected improvements or conditions until such time as any such repair and restoration is fully established and stabilized. Neither NPIC nor the Roselles shall undertake any repair or restoration work on the City Property without the City’s prior review and approval of the plans for such work. Should City fail to respond to a request for approval of such plans within fourteen (14) days of submittal, City shall be deemed to have approved the plans (e) The City and the Roselles agree to retain the existing gate along Horsetooth Road and the existing fence that runs along the eastern bank of the Ditch Road. NPIC is responsible for the maintenance of said fence and gate, will allow the City and Roselles access through the gate, and will allow the City to add a lock to the gate. 9. Representations of the Parties. The City and Roselles each represent to the other that they are the lawful owners in fee simple of their respective properties, and that each has good and lawful right and authority to grant, sell and convey its portion of the Easement Area to the other party. 10. Recordation. The City will record this Agreement in the records of the Larimer County Clerk and Recorder and furnish evidence of such recording to the Roselles and NPIC. This Agreement will not be valid until it is recorded. 11. Liability. (a) By virtue of entering into this Agreement, NPIC assumes no liability for use, operation, or existence of the Roselles’ and City’s future or additional activities in the Easement Area. (b) Each party is responsible for its own negligence and that of its officers, agents, employees, guests, invitees, licensees, tenants, and representatives in its use of the Easement Area or other activities on the other party’s property, including but not limited to the construction, installation, operation, repair, and maintenance of improvements within the Easement Area, and for any actions or omissions in 2 Packet Pg. 193 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 5 violation of this Agreement. The City does not assume any responsibility or liability for the actions of Roselles, and Roselles do not assume any responsibility or liability for the actions of the City. (c) The Roselles agree to release and indemnify the City and NPIC from any claims, demands, damages or causes of action the Roselles, their agents, employees, guests, invitees, licensees, tenants, or representatives, may have for injury or damage to persons or property arising out of their (or their agents’, employees’, guests’, invitees’, licensees’, tenants’ or representatives’) use or occupancy of or activities within the Easement Area pursuant to this Agreement, unless caused by the gross negligence or intentionally wrongful acts of any other party. (d) The City shall provide NPIC with a certificate of general liability insurance naming NPIC as an additional insured for claims, demands, damages or causes of action arising out of the City’s use or occupancy of or activities within the Easement Area pursuant to this Agreement, unless caused by the gross negligence or intentionally wrongful acts of any other party. (e) To the extent provided for by law, should City’s or Roselle’s use of the Easement Area impede or interrupt NPIC’s water supply or delivery in the Ditch for any reason, the party causing such interruption shall be liable to pay to NPIC as liquidated damages Ten Thousand Dollars ($10,000.00) per day for any day that NPIC has a request for water and cannot deliver water as a result of such party’s activity within or use of the Easement Area. 12. Notices. Any notice or other communication relating to this Agreement must be given by one party to the other at its respective address or facsimile number as set forth below by facsimile, hand delivery, commercial carrier; or U.S. mail. The notice or other communication will be effective on the date it is delivered or on the third business day after being sent, whichever comes first. If to the Roselles: If to City: 3314 Grand Canyon Ct. Real Estate Services Manager Fort Collins, CO 80525 City of Fort Collins Fax: Mailing Address: P.O. Box 580 If to NPIC: Fort Collins, CO 80522-0580 North Poudre Irrigation Company Hand Delivery: Attn: Scott Hummer 117 North Mason St. Mailing Address: Fort Collins, CO 80524 P.O. Box 100 Fax: Wellington, CO 80549 Hand Delivery: With a copy to: 3729 Cleveland Ave City Attorney’s Office Wellington, CO 80549 City of Fort Collins Fax: (970) 221-4569 2 Packet Pg. 194 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 6 Mailing Address: With a copy to: P.O. Box 580 Chrysten Hinze, Esq. Fort Collins, CO 80522-0580 c/o Lind, Ottenhoff & Root, LLP Hand Delivery: 355 Eastman Park Dr. #200 300 LaPorte Avenue Windsor, CO 80550 Fort Collins, CO 80521 Fax: (970) 675-9535 Fax: 13. Default and Litigation Expenses. If a party to this Agreement is in default in performance of its respective obligations hereunder, the other party has the right to an action for specific performance or damages or both. Prior to proceeding with any such action, the party not in default must first send written notice to the defaulting party specifying the default and affording such party a reasonable period to cure the default. In the event a party defaults in any of its covenants or obligations and the party not in default commences and prevails in any legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of the litigation, including a reasonable sum for attorneys' fees or similar costs of legal representation. 14. Assignment. The Easement shall be appurtenant to and run with the City Property and the Roselle Property. Neither the City nor Roselles may assign their rights in this Easement to a third party without the prior consent of the other parties to this Agreement, which shall not be unreasonably delayed or withheld. 15. Obligations Subject to Appropriation. Obligations of the City under this Agreement to be performed in subsequent fiscal years are subject to the annual appropriation of funds sufficient and intended for such purpose by the Fort Collins City Council in its sole discretion. 16. Additional Terms and Conditions. (a) The parties acknowledge that the circumstances underlying this Agreement are unique, and neither this Agreement nor its underlying negotiations shall be deemed a precedent for any future expansion of this Agreement or other property owners encumbered by an easement owned by NPIC. (b) Whenever used herein, the singular number includes the plural, the plural the singular; and the use of any gender is applicable to all genders. (c) All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto, their personal representatives, successors and assigns. (d) The parties intend and agree that this Agreement is to be construed and enforced according to the laws of Colorado, that venue in any proceeding related to the subject matter of this Agreement will be in Larimer County, Colorado, and that this Agreement is binding upon the parties hereto, their trustees, heirs, personal representatives, successors and assigns. 2 Packet Pg. 195 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 7 (e) The waiver by any party to this Agreement of a breach or any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or claim by any party. (f) This Agreement may be executed separately by each Party and counterparts or copies, and when each Party has executed a copy thereof, such copies taken together shall be deemed to the full and complete contract between the Parties. (g) All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. (h) This Agreement and the Exhibits hereto constitute the final and complete expression of the Parties’ agreements with respect to this Agreement. Each Party agrees that it has not relied upon or regarded as binding any prior agreements, negotiations, representations or understandings, whether oral or written, except as expressly set forth herein. This Agreement and the Exhibits hereto shall not be modified except by written agreement of the parties. (i) If any clause or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. IN WITNESS WHEREOF, the Roselles and NPIC have hereunder set their hands and seals the day and year first above written; and the City has caused this Easement Deed and Agreement to be executed by its Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to Ordinance No. xxxxxx, 2016, passed on final reading by the City Council of the City of Fort Collins on the xxxxx day of xxxxxxxxxx, 2016. 2 Packet Pg. 196 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 8 CITY: THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: ______________________ By: ______________________________________ Wade O. Troxell, Mayor ATTEST: ___________________________ City Clerk APPROVED AS TO FORM: ___________________________ Assistant City Attorney STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ______ day of ___________ 2016, by Wade O. Troxell as Mayor and ____________________as City Clerk of the City of Fort Collins. Witness my hand and official seal. My Commission expires: ______________ ________________________________ Notary Public 2 Packet Pg. 197 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 9 THE ROSELLES: Date: ______________________ By: ___________________________________ Jerome B. Roselle Date: ______________________ By: ____________________________________ Darla J. Roselle STATE OF COLORADO ) ) ss COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _________ day of __________________ 2016, by Jerome B. Roselle and Darla J. Roselle. Witness my hand and official seal. My Commission expires: ______________ ______________________________________ Notary Public 2 Packet Pg. 198 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 10 NPIC: North Poudre Irrigation Company Date: _________________________ By: __________________________________ Name: Scott Hummer Title: General Manager STATE OF COLORADO ) ) ss COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __________ day of __________________ 2016, by Scott Hummer as General Manager for the North Poudre Irrigation Company. Witness my hand and official seal. My Commission expires: _______________ __________________________________________ Notary Public 2 Packet Pg. 199 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 11 EXHIBIT A Description of City Property Parcel Numbers: Legal Description: 2 Packet Pg. 200 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 12 EXHIBIT B Description of the Roselles’ Property Parcel Number: Legal Description: 2 Packet Pg. 201 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 13 EXHIBIT C Depiction of the Fossil Creek Inlet Ditch 2 Packet Pg. 202 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) DRAFT 6-7-16 14 EXHIBIT D The Easement Area 2 Packet Pg. 203 Attachment: Exhibit B (4478 : Shared Access Easement on Topminnow Natural Area ORD) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Resolution 2016-046 Finding Substantial Compliance and Initiating Annexation Proceedings for the Majestic Place Annexation. EXECUTIVE SUMMARY The purpose of this item is initiate annexation proceedings for the Majestic Place property. The applicant, Suburban Land Reserve Inc. c/o Mr.Kenneth Merritt, has submitted a written petition requesting annexation of 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The requested zoning for this annexation is Urban Estate, U-E. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. 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. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by state law. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The subject property gains the required one-sixth (16.66%) contiguity to existing City limits from two sides. As a result, there is 41.5% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. Contiguity is gained in the following manner:  North: Westchase Annexation No. 2, 157.9 acres, (2001), now known as the Westchase PUD.  West: Leistikow Annexation, 15.7 acres, (2011), now part of the Fort Collins Colorado Temple (The Church of Jesus Christ of Latter-day Saints). 13 Packet Pg. 204 Agenda Item 13 Item # 13 Page 2 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. CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on June 9, 2016, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on July 19, 2016. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with state statutes. ATTACHMENTS 1. Vicinity map (PDF) 2. Structure Plan map (PDF) 3. Zoning map (PDF) 4. Annexation petition (PDF) 13 Packet Pg. 205 Loveland Fort Collins - Loveland Separator Carpenter UNION PACIFIC RAILROAD S LEMAY AVE STRAUSS CABIN RD ZIEGLER RD ZIEGLER RD S TIMBERLINE RD S COUNTY ROAD 9 CARPENTER RD S COUNTY ROAD 11 S COUNTY ROAD 7 E HARMONY RD E HARMONY RD S LEMAY AVE KECHTER RD E COUNTY ROAD 36 E COUNTY ROAD 30 S TIMBERLINE RD E COUNTY ROAD 32 E TRILBY RD S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 30 Vicinity Map Majestic Place Annexation and Zoning Legend City Limits Growth Management Area Boundary - Outline Annexation 00.0.4 81.6 Miles Majestic Place Annexation and Zoning Westchase Subdivision I ATTACHMENT 1 1 Packet Pg s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD Structure Plan Map Majestic Place Annexation and Zoning Legend Neighborhood Commercial District Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Community Separator Rural Lands Open Lands, Parks and Water Corridors Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 2 1 Packet Pg s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD RL LMN LMN MMN POL UE POL RL UE LMN POL UE T POL NC MMN POL UE UE UE LMN =RQLQJ0DS Majestic Place Annexation and Zoning Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 3 1 Packet Pg ATTACHMENT 4 13.4 Packet Pg. 209 Attachment: Annexation petition (4471 : Majestic Place Annexation and Zoning) 13.4 Packet Pg. 210 Attachment: Annexation petition (4471 : Majestic Place Annexation and Zoning) 13.4 Packet Pg. 211 Attachment: Annexation petition (4471 : Majestic Place Annexation and Zoning) 13.4 Packet Pg. 212 Attachment: Annexation petition (4471 : Majestic Place Annexation and Zoning) 13.4 Packet Pg. 213 Attachment: Annexation petition (4471 : Majestic Place Annexation and Zoning) -1- RESOLUTION 2016-046 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MAJESTIC PLACE ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Majestic Place Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Majestic Place Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby accepts the annexation petition for the Majestic Place Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being all of lot 3, the amended plat of lots 1-4 of the Leistikow M.R.D. S-21-92 recorded under reception number 20110065177 in the records of the Larimer County Clerk and Recorder, being further described as follows: Basis of bearings: the south line of the northwest 1 / 4 of the northwest 1 / 4 of Section 17, Township 6 N orth, Range 68 west of the 6th Principal Meridian, assumed to bear S89° 54'32"w, a distance of 1,325.03 feet, as shown on said amended plat; Beginning at the Northeast corner of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17, said point being the northeasterly corner of said Lot 3; Thence on the easterly and southerly lines of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17 the following two (2) courses: 1) S00°00’44”E a distance of 1323.93 feet; 2) S89°54’32”W a distance of 865.03 feet; Thence N00°09’18”E a distance of 275.00 feet; Thence S89°54’32”W a distance of 52.21 feet to the easterly line of the Leistikow Annexation to the City of Fort Collins; Thence on said easterly line the following five (5) courses Packet Pg. 214 -2- 1) N07°22’24”W a distance of 175.33 feet; 2) on the arc of a non-tangent curve to the left whose center bears N06°56’31”W, having a radius of 528.00 feet, a central angle of 98°02’18” and an arc length of 903.46 feet; 3) N14°58’49”W a distance of 95.52 feet; 4) N75°01’11”E a distance of 126.44 feet; 5) N00°04’00”E a distance of 91.40 feet to the southerly line of the Westchase Annexation Number 2 to the City of Fort Collins; Thence on said southerly line, S89°56’00”E a distance of 394.92 feet to the point of beginning; Containing a calculated area of 868,230 square feet or 19.9318 acres. Section 3. That the City Council hereby finds and determines that the annexation petition for the Majestic Place Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Majestic Place Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: Packet Pg. 215 -3- (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of June, A.D. 2016. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 216 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2016-046 initiating annexation proceedings for the Majestic Place Annexation, consisting of approximately 20 acres and generally located at 2150 Rock Castle Lane, Fort Collins, Colorado, said Annexation being more particularly described in Resolution 2016-046. That, on July 19, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Urban Estate (“U-E”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 7th day of June, A.D. 2016. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 217 Attachment: Exhibit A (4476 : Majestic Place Annexation RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-047 Appointing Nancy Luttropp to the Senior Advisory Board. EXECUTIVE SUMMARY The purpose of this item is to appoint Nancy Luttropp to the Senior Advisory Board to fill a board vacancy created through the resignation of Lawrence Bontempo. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 14 Packet Pg. 218 -1- RESOLUTION 2016-047 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING NANCY LUTTHROP TO THE SENIOR ADVISORY BOARD WHEREAS, a vacancy currently exists on the Senior Advisory Board due to the resignation of Lawrence Bontempo; and WHEREAS, Councilmembers interviewed Nancy Luttrop on June 1, 2016; and WHEREAS, the City Council desires to make an appointment to fill the vacancy on the Senior Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Nancy Luttrop is hereby appointed to fill the current vacant position on the Senior Advisory Board with a term to commence immediately and expire on December 31, 2016. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of June, A.D. 2016. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Packet Pg. 219 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Rita Knoll, Chief Deputy City Clerk Wanda Winkelmann, City Clerk Marcus Bodig, GIS Manager Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Prior Consideration Four possible map options were presented to Council on First Reading at the May 3 Council meeting. Council selected Option 1, and it is included as Exhibit A to Ordinance No. 055, 2016. Precinct Boundary Changes by Larimer County State statute requires the County to set precinct boundaries so that no more than 2,000 eligible electors reside in a precinct. Population increases in some areas made it necessary for precincts to be divided to comply with the law. Within Fort Collins, Larimer County divided six precincts, none of which affected district boundaries. In order to access voter registration information, the City needs to adjust precinct boundaries to match the new County precinct boundaries. Council District Boundaries Because a review of the district-precinct map for precinct boundary changes was underway, staff used the opportunity to review the district population deviation as well. Not less than once every five years after the post-census adjustments, the City Clerk is required to review the maximum deviation and, if necessary, recommend boundary changes necessary to ensure that the districts conform to the standard. 15 Packet Pg. 220 Agenda Item 15 Item # 15 Page 2 Based on the current data, the deviation between the most populous district and the least populous district exceeds 19%, nearly twice the threshold set out in City Code Section 7-87(b): (b) Not more than eighteen (18) months after the official decennial publication of the United States Census concerning the population of the City of Fort Collins, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent deviation between the most populous and the least populous district. Article II, Section 1(c) of the City Charter provides that “the city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants.” Thus, contiguity, reasonable compactness, and equality of total population are the key factors identified in the Charter for restricting decisions. In addition, it is appropriate and consistent with constitutional principles to seek to minimize the number of precincts that shift to a different district and avoid shifts that result in a missed election cycle, to the extent reasonably possible. These are the considerations that have been the main drivers of staff’s work to identify and prioritize options for redistricting. Methodology Used to Create Map Options A full explanation of the methodology can be found in Attachment 2, “Population Based Redistricting Methodology.” Highlights of the methodology include: 1. Population data is obtained from the State demographer 2010 Census, City’s permitting system, and CSU; 2. Based on this information, the total 2015 population of Fort Collins was 154,573; 3. The ideal population of each district is 25,762 residents (154,573 divided by 6); 4. As the table below illustrates, Districts 1 and 3 are over the ideal population by approximately 2,200 residents; 5. Districts 2, 4, 5, and 6 need to “gain” anywhere from 195 to 2,700 residents. District Population % of Ideal % Change from Ideal Over/Under Ideal Pop'n 1 27976 108.59 8.59 -2,213.83 2 25567 99.24 -0.76 195.17 3 28010 108.73 8.73 -2,247.83 4 23057 89.50 -10.50 2,705.17 5 24933 96.78 -3.22 829.17 6 25030 97.16 -2.84 732.17 Total Population 154573 Ideal = Total population divided by number of districts = 25,762 Max deviation = sum of Absolute Value of both the highest (8.73) & lowest (10.50) population districts = 19.23 Criteria for Developing Map Options  Equal population in each district (as reasonably possible); represented by lowest deviation  Contiguity of district  Compactness of district  Fewest number of precincts moved 15 Packet Pg. 221 Agenda Item 15 Item # 15 Page 3  Avoid breaking major collectors/arterials  Consider future growth of the city  Representation of citizens by the elected Councilmember’s address considered The following summarizes the deviation and number of precincts being moved in the four options presented on May 3: Option Number % Deviation # Precincts Moved 1 5.96 7 2 7.54 8 3 6.05 8 4 6.02 4 Residents Impacted The Leadership Planning Team (LPT) requested a summary that shows the year when impacted citizens (those who live in precincts being moved) voted. As noted on Attachment 4 labeled, “Years Impacted Residents Voted/Will Vote,” some impacted voters wait six years to vote in the next election; others have voted two elections in a row. 2012 Redistricting The LPT also requested information about the 2012 redistricting process. Staff developed three options that were sent to Council under separate cover in advance of the item appearing on the Council agenda. After Council input, a fourth staff option was developed, and a fifth option was proposed by a Councilmember. Five options were included in the agenda materials, and the fifth option was ultimately approved by the Council by a 4-3 vote on First Reading (4-2 on Second Reading). The deviation of the selected option was 9.70%. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. GIS Redistricting Methodology (PDF) 3. Map Options 1-4 (PDF) 4. Years Impacted Residents Voted (PDF) 5. PowerPoint Presentation (PDF) 6. Ordinance No. 055, 2016 (PDF) 15 Packet Pg. 222 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Rita Knoll, Chief Deputy City Clerk Wanda Winkelmann, City Clerk SUBJECT Items Relating to Amending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMMARY A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland. B. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. The purpose of this item is to amend the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. A protest of the proposed options for amending the District-Precinct map was filed by Eric Sutherland on April 18, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading with a map option selected by the Council. BACKGROUND / DISCUSSION Prior Consideration Council recently considered this item at its January 19, 2016 meeting and adopted the Ordinance on First Reading with map Option 1 selected. Prior to Second Reading, citizen concerns were raised about the completeness of the public notice. Additionally, staff became aware that the data obtained from the State Demographer did not include populations residing on Colorado State University (CSU) property, and staff withdrew the item on Second Reading. Staff has now republished the notice, obtained the CSU data, and is presenting a new Ordinance with four possible map options. Precinct Boundary Changes State statute requires the County to set precinct boundaries so that no more than 2,000 eligible electors reside in a precinct. Population increases in some areas made it necessary for precincts to be divided to comply with the law. Within Fort Collins, six precincts were divided, none of which affected District boundaries. The City needs to adjust precinct boundaries to match the new County precinct boundaries, which is necessary to access voter registration information. ATTACHMENT 1 15.1 Packet Pg. 223 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4479 : SR 055 District-Precinct Map) Agenda Item 14 Item # 14 Page 2 Council District Boundaries Because staff was undertaking a review of the district-precinct map for precinct boundary changes, staff used the opportunity to review the population deviation as well. This review was originally scheduled to take place in 2016 for revision in early 2017. It was determined that based on the current data, the current deviation between the most populous district and the least populous district exceeds 19%, nearly twice the threshold set out in the City Code. Therefore, staff is recommending that an adjustment be made now rather than in 2017. The GIS Division has an established methodology for population-based redistricting (Attachment 1). This methodology was applied and four options were developed for adjusting the district boundaries, as outlined below. In addition to balancing the population between districts, staff also considered the following: (1) Alignment of district boundaries to precinct boundaries; and (2) The residence address of each Councilmember, so that no Councilmember is disenfranchised from his or her district. The options presented from consideration are described below: Option 1 (identical to the January 19 Option 1) • Achieves the smallest deviation: 5.96% (slightly higher than the original Option 1) • Moves 7 precincts into different districts. - As a result, 2 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 2 (identical to the January 19 Option 2) • Deviation: 7.54% (considerably higher than the original Option 2) • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 3 (new) • Deviation: 6.05% • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 4 (new) • Deviation: 6.02% • Moves 4 precincts into different districts. - As a result, 1 precinct that voted for a district representative in 2015 would choose a representative in its new district in 2017; the other 3 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. In each of these options, the ability to vote for Mayor, and ballot issues, is not affected. 15.1 Packet Pg. 224 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4479 : SR 055 District-Precinct Map) Agenda Item 14 Item # 14 Page 3 Also attached is a map visually depicting growth in the city, as well as a map depicting growth trends (Attachment 2). All four maps are attached to the Ordinance as Exhibit A (Options 1 through 4). Once a map option is selected on First Reading, the selected map will become the only exhibit to the Ordinance for Second Reading. PUBLIC OUTREACH As required by Section 7-87 of the City Code, two notices of this hearing were published, one no less than 14 days and one no less than 10 days prior to Council consideration on first reading. Publication of those notices occurred on April 3 and April 6, 2016. Map options were made available on the City's web page devoted to Council district boundaries. ATTACHMENTS 1. Redistricting Methodology (PDF) 2. City Growth Trends (PDF) 3. Redistricting Notice (PDF) 4. Sutherland Protest, April 18, 2016 (PDF) 5. Powerpoint presentation (PDF) 15.1 Packet Pg. 225 Attachment: First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (4479 : SR 055 District-Precinct Map) 1 GIS 215 N Mason St PO Box 580 Fort Collins, CO 80522 970.416.2050 970.221.6329 – fax www.fcgov.com/gis Population Based Redistricting Methodology The population increase was determined by getting the latest population data from the State demographer’s office. The latest available is for 2014 when the population was 154,570. To determine the population increase the 2010 Census population is subtracted from the new population. 154,570 – 143,988 = 10,582. GIS extracts data from the City’s permitting system and all certificates of occupancy that were issued since the census thru 2014 are converted into a GIS point feature. This information also includes the number of units associated with the certificate of occupancy. Annexations that occurred during this timeframe are identified and any existing units are added to the GIS point feature. This information is then aggregated citywide to get an overall count of new units added to the city. 3,847 new units + 220 annexed units = 4,067 new units. CSU’s population increase needs to be determined and accounted for as part of the total population increase. These numbers come from CSU and the increase can be determined by subtracting the census year value from the 2014 value. 7,282 – 7,070 = 212 new students. GIS then takes the increased population less CSU’s increase, this is dealt with separately, and determines a per-unit-population. (10,582 – 212) divided by 4,067 new units = 2.5498 people per unit. A population is then determined for each GIS point feature, distributing the population increase geographically. For example, a 4 unit building would have a population of 10.1992 assigned to it. CSU data needs to be handled a little differently as specific population counts for each building exist. GIS points are added to the database with the specific population increase for each building. This accounts for the 212 people that were removed earlier. Location based analysis is performed using point-in-polygon to aggregate the population increase per precinct. This aggregated population count is then added to the existing census population for each precinct. This new population count is then aggregated to determine the new population count of each district. A final check is preformed to make sure the individual precinct populations add up to the population from the state demographer. GIS data is exported into an Excel spreadsheet that GIS developed. This spreadsheet takes all of the data and calculates the ideal population, the deviation of each district from the ideal, the population needed to bring each district to the ideal and the maximum deviation of all districts. Below is the result of that calculation. Updated: May 19, 2016 ATTACHMENT 2 15.2 Packet Pg. 226 Attachment: GIS Redistricting Methodology (4479 : SR 055 District-Precinct Map) 2 District Population Percentage of Ideal Percentage Change from Ideal Absolute Value Change Needed 1 28037 108.8308361 8.830836115 -2275 2 25572 99.26247962 -0.737520379 190 3 28050 108.881298 8.881298036 -2288 4 23060 89.51168388 -10.48831612 2702 5 24765 96.12995885 -3.870041146 997 6 25088 97.3837435 -2.616256502 674 Total Population 154572 Lowest -10.48831612 10.48831612 Highest 8.881298036 8.881298036 Ideal = Total divided by number of districts 25762 Maximum deviation = sum of Absolute Value of both the highest and lowest population districts 19.3696142 GIS then uses a map with the new populations of each precinct displayed and the location of all Council members (show as a star) on it to identify precincts that can be moved to help meet the ideal. An example of the map is below. 15.2 Packet Pg. 227 Attachment: GIS Redistricting Methodology (4479 : SR 055 District-Precinct Map) 3 Several options are created moving contiguous precincts between districts to change the population of the district. Making sure not to move council member precincts or creating non-compact districts (horseshoes, long and narrow, etc.). Making a change to this map causes the district calculations to dynamically update, helping identify additional changes that are needed. When enough changes have been made to bring the districts within a 10% deviation, the option is saved. Several options are generated and the ones with the best deviation and the least amount of changes are brought forward as options. This time around there were options with deviations ranging from 5.96 up to 9.53. The four best deviation options were then brought forward. Background Three precincts were moved in the 2012 redistricting (Ordinance No. 073, 2012). Two from odd numbered districts to even, shortening the voting cycle by two years from 4/2015 to 4/2013. One moved from an even numbered district to odd, lengthening the voting cycle by two years from 4/2013 to 4/2015. Option 1. x 7 total changes. 5.96% deviation x All three of these precincts move again and will revert back to their previous voting cycle. x One precinct will have voted in 2011 and 2013. They will vote next in 2019. x Two precincts will have voted in 2009 and 2015. They will vote next in 2017. x Four additional precincts will change from voting in 2017 to 2019. Precinct Moving From District/ To District Will vote 2 years apart (2015 and 2017) Will vote 6 years apart (2013 and 2019) Pct was affected by redistricting In 2012 13 2 / 1 X X 29 3 / 2 X 30 3 / 2 X 55 5 / 4 X 62 6 / 5 X X 76 1 / 6 X X 78 1 / 6 X Option 2. x 8 total changes. 7.54% deviation x Only one of these precincts moves again and will revert back to their previous voting cycle. x One precinct will have voted in 2011 and 2013. They will vote next in 2019. x Four additional precincts will change from voting in 2017 to 2019. x Three additional precincts will change from voting in 2019 to 2017. Precinct Moving From District/ To District Will vote 2 years apart (2015 and 2017) Will vote 6 years apart (2013 and 2019) Pct was affected by redistricting In 2012 14 2 / 1 X 29 3 / 2 X 4 Option 3. x 8 total changes. 6.05% deviation x One of these precincts moves again and will revert back to their previous voting cycle. One precinct will have voted in 2009 and 2015. That precinct will vote next in 2017. x Five additional precincts will change from voting in 2017 to 2019. x Two additional precincts will change from voting in 2019 to 2017. Precinct Moving From District/ To District Will vote 2 years apart (2015 and 2017) Will vote 6 years apart (2013 and 2019) Pct was affected by redistricting In 2012 6 6 / 1 X 12 1 / 2 X 13 1 / 2 X 19 1 / 2 X 16 2 / 1 X X 17 2 / 5 X 32 3 / 4 X 33 3 / 4 X Option 4. x 4 total changes. 6.02% deviation x Only one of these precincts moves again and will revert back to their previous voting cycle. x One precinct will have voted in 2011 and 2013. They will vote next in 2019. x Two additional precincts will change from voting in 2017 to 2019. x One additional precinct will change from voting in 2019 to 2017. Precinct Moving From Dist / To Dist Will vote 2 years apart (2015 and 2017) Will vote 6 years apart (2013 and 2019) Pct was affected by redistricting In 2012 31 3 / 4 X 58 5 / 4 X 65 6 / 5 X 77 1 / 6 X X 15.2 Packet Pg. 229 Attachment: GIS Redistricting Methodology (4479 : SR 055 District-Precinct Map) ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E C O UNTY ROAD 38 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C S SUMMI T VIEW DR BIN G H A M H IL L RD INTERSTATE 25 ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN E C O UNTY ROAD 38 N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C S SUMMI T VIEWDR BIN G H A M H IL L RD INTERSTATE 25 ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD E CO U NTY ROAD 38 W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C BI N G H AM HI L L RD S SUMMI T VIEW DR INTERSTATE 25 N LEMAY AVE ^ ^ ^ ^ ^ ^ !"`$ ³I ³I ³I ÕZYXW ÕZYXW ÕZYXW ÕZYXW ÉZYXW N U S HIGHWAY 287 E COUNTY ROAD 52 9TH ST KECHTER RD W DOUGLAS RD E CO U NTY ROAD 38 W MOUNTAIN AVE W LAUREL ST W VINE DR GIDDINGS RD N COUNTY ROAD 9 MAIN ST W WILLOX LN N COUNTY ROAD 17 S US HIGHWAY 287 S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 48 E COUNTY ROAD 50 E WILL O X L N COUN T Y ROAD 42C BI N G H AM HI L L RD S SUMMI T VIEW DR INTERSTATE 25 N LEMAY AVE Years Impacted Residents Voted/Will Vote NOTE: Highlighted rows indicate that the precinct was affected by the first population-based redistricting in 2012 Option One Precinct # Voted in 2011 Voted in 2013 Voted in 2015 Will Vote in 2017 Will Vote in 2019 13 x x 29 x x 30 x x 55 x x 62 x x 76 x x x 78 x x Option Two Precinct # Voted in 2011 Voted in 2013 Voted in 2015 Will Vote in 2017 Will Vote in 2019 14 x x x 29 x x 30 x x 56 x x 64 x x x 67 x x x 76 x x x 78 x x Option Three Precinct # Voted in 2011 Voted in 2013 Voted in 2015 Will Vote in 2017 Will Vote in 2019 6 x x 12 x x 13 Not in city limits x x 16 x x 17 x x x 19 x x 32 x x 33 x x Option Four Precinct # Voted in 2011 Voted in 2013 Voted in 2015 Will Vote in 2017 Will Vote in 2019 31 x x 58 x x 65 x x x 77 x x x ATTACHMENT 4 15.4 Packet Pg. 234 Attachment: Years Impacted Residents Voted (4479 : SR 055 District-Precinct Map) 1 District-Precinct Map Amendment 06-07-16 ATTACHMENT 5 15.5 Packet Pg. 235 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Amending the District-Precinct Map Why is this item coming forward? • Precinct boundaries were amended by Larimer County in May 2015 to accommodate the increase in the # of registered voters. We need to amend our precincts to match. • While conducting a review of the precincts, staff determined that the current population deviation of Council districts exceeds 20% (which is inconsistent with Article II, Section 1(c) of our Charter and City Code Section 7-87). 2 15.5 Packet Pg. 236 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Article II, Section 1(c) of the City Charter provides that: “the city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants.” 3 City Charter 15.5 Packet Pg. 237 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Other Constitutional and Legal Considerations • City Code Section 7-87 and General Case Law establish a standard of 10% deviation (between largest and smallest districts). • Courts have acknowledged the potential need to cause skipped elections with staggered districts and uphold that change where needed to balance population or meet other appropriate redistricting objectives. 4 15.5 Packet Pg. 238 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Redistricting Process Determine Population Change State Demographers Population (154,570 for 2014) minus 2010 Census Population (143,988) = 10,582 Locate Certificate of Occupancies issued Extract location and number of units from the city’s permit database. Use GIS to geographically locate the units. Determine Total Number of New Units 3,847 (New) + 220 (Annexed) = 4,067 5 15.5 Packet Pg. 239 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Redistricting Process Determine CSU Population Change CSU Housing (7,282 for 2014) – CSU Housing Census Year (7,070) = 212 Determine Per-Unit-Population Population Increase less CSU change divided by Units (10,582 – 212) / 4,067 = 2.5498 Add Data and Calculate in GIS Disperse population increase to Geocoded CO’s and annexed units. Add CSU increase to individual residence halls. 6 15.5 Packet Pg. 240 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Redistricting Process Perform Spatial Analysis to Determine Precinct Population Point-in-Polygon aggregation of new population added to existing 2010 census precinct population. Calculate New District Population and Deviation Add population from all precincts in each district. Calculate maximum deviation from ideal = 19.37 (Developed Excel Spreadsheet to do calculations) Determine Changes Needed Determine ideal population change per district. 7 15.5 Packet Pg. 241 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Redistricting Process Develop Options Use GIS to Identify precincts or combination of precincts that are adjacent and come close to the ideal population change. Test Options As changes are made they dynamically recalculate the district population and maximum deviation. Final Options Several options are considered and ones with the lowest deviation and least number of changes are finalized and provided to Council. 8 15.5 Packet Pg. 242 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Criteria for Developing Options • Equal population • Contiguity of district • Fewest amount of residents/precincts moved • Breaking major collectors/arterials • Consider future growth of the city • Representation of citizens by the elected Councilmember’s address considered 9 15.5 Packet Pg. 243 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) Future Considerations • Staff will apply the Plan-Do-Check-Act (PDCA) model to this process to determine what improvements can be made 10 15.5 Packet Pg. 244 Attachment: PowerPoint Presentation (4479 : SR 055 District-Precinct Map) -1- ORDINANCE NO. 055, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP WHEREAS, Article II, Section 1 of the City Charter requires that the City be divided into six contiguous, reasonably compact City Council districts, each of which shall consist of contiguous, undivided general election precincts, and, to the extent reasonably possible, an equal number of inhabitants; and WHEREAS, pursuant to City Code Section 7-87(b), not less than 180 days after the official decennial publication of the United States Census concerning the population of Fort Collins, the City Clerk must recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent (10%) deviation between the most populous and the least populous City Council districts; and WHEREAS, City Code Section 7-87(c) requires a review of the district boundaries not less than once every five (5) years after making the decennial post-Census determination, to determine whether the maximum deviation between the most populous and the lest populous district meets the ten-percent deviation standard set forth in Section 7-87(b); and WHEREAS, staff recently completed a review of the composition of the existing districts of the City, and has determined that, as currently configured, the deviation between the most and least populous City Council districts exceeds twenty percent; and WHEREAS, pursuant to the above-referenced provisions of the City Code, the City Clerk has presented four alternative district boundary changes for the City Council's consideration from which the City Council has selected an alternative that it believes best serves the interests of the residents of the City and comports with the requirements of the City Charter and Code; and WHEREAS, Larimer County recently revised its precinct boundaries and it is advisable for the City to match those precinct boundaries for purposes of accessing and using voter registration records; and WHEREAS, the City Clerk caused the publication of notices of proposed district boundary amendments to be made in accordance with the requirements of City Code Section 7- 87; and WHEREAS, the new Council district-precinct map attached as Exhibit “A” depicts adjusted precinct boundaries and adjusted Council district boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 15.6 Packet Pg. 245 Attachment: Ordinance No. 055, 2016 (4479 : SR 055 District-Precinct Map) -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the district-precinct map dated March 9, 2016, a copy of which is attached as Exhibit “A” [Option 1, 2, 3 or 4] and incorporated herein by this reference, is hereby adopted and shall be in effect for the following purposes: (1) determining eligibility for City Council offices for the April 4, 2017, regular municipal election; and (2) determining eligibility of any interim appointments to fill any City Council vacancies which may occur following the effective date of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk 15.6 Packet Pg. 246 Attachment: Ordinance No. 055, 2016 (4479 : SR 055 District-Precinct Map) W HORSETOOTH RD W MULBERRY ST LAPORTE AVE N US HIGHWAY 2 8 7 STRAU S S CABIN RD W LAUREL ST W DRAKE RD E PR O SPECT RD W WILLOX LN S TAFT HILL RD KECHTER RD W VINE DR COUNTRY C L U B RD E VINE D R RICHARDS LAKE RD REMINGTON ST W MOUNTAIN AVE TURNBERR Y RD E WIL L O X L N E TRIL B Y RD W PROSPECT RD E DOUGLAS RD W ELIZABE T H ST N LEMAY AVE E MULBERRY ST W COUNTY ROAD 3 8 E MOUNTAIN VISTA DR E LI N COLN AVE N TIMBERLINE RD E HORSETOOTH RD Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager SUBJECT Second Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY Staff requests postponement of Second Reading of Ordinance No. 073, 2016, to July 5, 2016, to allow staff time to review a suggested amendment to the design approved on First Reading. This Ordinance obtains authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. The Ordinance was adopted on First Reading on May 17, 2016 by a vote of 5-2 (Nays: Overbeck, Cunniff). STAFF RECOMMENDATION Staff recommends postponement of Second Reading to July 5, 2016. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Ordinance No. 073, 2016 (PDF) 16 Packet Pg. 248 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Dean Klingner, Engineer & Capital Project Manager SUBJECT First Reading of Ordinance No. 073, 2016, Authorizing the Acquisition by Eminent Domain of Additional Lands Necessary to Construct Public Improvements as Part of the Prospect Road and College Avenue Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. This authorization is for the two residential properties at the east end of the project. Ordinance No. 043, 2016 was adopted on Second Reading on April 19, 2016, allowing City staff to begin the property acquisition process for the preferred alternative on the six commercial properties at this intersection. Staff delayed the residential properties approximately six weeks to allow additional design work and discussions with the property owners. The following work has been done recently in regards to the residential properties:  Council Work Session presentation and discussion on April 12, 2016, resulting in: o Majority support for dual westbound left turn lanes o Request to provide follow-up on additional design questions  Meeting with Mayor Pro Tem Horak, City Manager, City staff and affected property owners to discuss property owners requested design (April 25, 2016).  Memo to Council providing detailed analysis of the impacts and benefits of moving the roadway south to avoid wall impacts.  Support from Transportation Board and Bicycle Advisory Committee on staff’s preferred alternative. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff will negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is necessary in order to keep the project on schedule. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council approved the second reading of Ordinance No. 043, 2016 on April 19, 2016, allowing staff to being the property acquisition process on the six affected commercial properties at this intersection. In order to construct the preferred alternative for the Project, the City needs to acquire property from the two residential properties on the east end of the Project as well. ATTACHMENT 1 16.1 Packet Pg. 249 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4527 : SR 073 Prospect/College ED Postponement) Agenda Item 19 Item # 19 Page 2 The Prospect and College intersection has some of the highest traffic volumes in the entire City in addition to high numbers of crashes, significant congestion in peak travel times, substandard bicycle and pedestrian facilities and insufficient turn lanes. Turn lane improvements and improved signal timing will be implemented to reduce congestion, while re-designed medians and bicycle and pedestrian facilities will update the look, feel and functionality of the intersection for all modes of transportation Multiple planning efforts and projects over the last several years help inform and set the stage for the proposed improvements at Prospect and College. These are summarized as follows:  2011 Master Street Plan and Transportation Master Plan designated Prospect from Mason Street to I- 25 as an Enhanced Travel Corridor (ETC) and as a Gateway Intersection.  The Capital Improvement Plan (CIP) (Appendix D to the 2011 Transportation Master Plan) lists intersection improvements to Prospect and College as a High priority project. Roadway improvements to Prospect Avenue from College to Lemay are listed as a Medium priority project.  The 2011 Arterial Intersection Prioritization Study identified Prospect and College as a top priority for congestion and safety improvements  The West Central Plan (adopted in 2015) eastern limit is College Avenue. However, improvements to Prospect and College are sited as a Short-Term project (0-10 years) and the location is noted as “High crash location, high vehicle delays, and review for multi-modal improvements.” ETC’s are identified as the most desired area of focus for the Transportation Master Plan and future transportation investments. ETC’s are designated as routes that provide connections between major activity centers such as downtown, CSU, Midtown, employment centers, shopping destinations and neighborhoods. Enhanced Travel Corridors are defined as uniquely designed corridors that are planned to incorporate high frequency transit, bicycling, and walking as part of the corridor. Key elements of gateway intersections include extensive landscaping and urban design to highlight entryways into the city. This vision would include:  A safe and comfortable corridor for all modes of travel;  Safe crossing;  An attractive gateway to campus, downtown, and midtown; and  A seamless connection to transit, including MAX. The Project is recognized as being in a constrained area where proposed improvements may have property impacts to adjacent businesses and residents. Designing in this area requires a context sensitive approach with potentially narrower roadway elements than are typically required, while still meeting minimum safety and operational considerations. City staff presented a preferred alternative for the intersection improvements at the April 12, 2016 City Council Work Session. Staff provided background information on the current design of the improvements. The preferred design concept is included as an attachment. After the April 25 meeting with Mayor Pro Tem Horak, the City Manager and affected property owners, City staff prepared an alternative that would move the road sufficiently south to avoid impacts to the wall in front of 1535 Remington and maintain the westbound dual left turn lanes. This alternative is discussed in detail in the attached Memo to Council. In summary, the alternative is not recommended for the following reasons:  Impacts are shifted to multiple properties  Most substantially, this requires a full purchase of 1601 Remington, demolition of the house and garage structures and restoration of the property (filling the basement, restoring the landscaping, etc.)  Additional property acquisition from the fueling station and convenience store on the SW corner of Prospect and College to the extent that damages to the business operation are expected.  Extension of the project limits to the east of Remington to include two right of way acquisitions that to this point have not been included in any discussions. 16.1 Packet Pg. 250 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4527 : SR 073 Prospect/College ED Postponement) Agenda Item 19 Item # 19 Page 3  Additional construction costs associated with the extended project limits, reconfiguration of the Remington and Prospect intersection, and full reconstruction of the roadway where an asphalt overlay is no longer feasible.  These impacts in total are estimated to add at least $1.3M in additional costs to the project above and beyond the cost savings from 1535 Remington. This “Southern Shift” alternative does not provide any additional operational or safety benefits compared to the preferred alternative. It does provide the opportunity to build a detached wide sidewalk along 1601 Remington after the house is removed. The “Southern Shift” has the following key design differences:  All the lanes on the west side of the intersection would be 10’ wide. This is a design that City staff does not support in this context for safety reasons.  The “Southern Shift” would fail to improve the existing condition of a 6-foot sidewalk adjacent to a narrow lane along the 1535 Remington property.  Medians would be narrower than the minimum necessary to plant trees.  The “Southern Shift” alternative would preserve 3 mature trees on the north side of the road, but would require the removal of 3 mature trees on the south side. Both alternatives impact the same number of trees -- 15 trees in total. Based on a thorough evaluation of all possible design alternatives, the City recommends proceeding with the preferred design alternative as presented in the April 12 Work Session. This design provides the following benefits:  Dual left turn lanes westbound, extended right turn lanes, landscaped medians, porkchop islands and sidewalks to accommodate bicycles and pedestrians  20-25% reduction in overall delay and congestion at the intersection  Multimodal improvements with safety and operational benefits for all modes  Urban design and landscaping for this Gateway Intersection This alternative does require relocation of the retaining wall and removal of the tree at 1535 Remington Street. The City has met with the property owner numerous times and looked at all alternatives that leave the existing wall in place. This wall will need to be relocated as part of the preferred design alternative. The City Forester has evaluated the affected tree to be in “Fair” condition. The Forester has also noted that moving the wall at all, even a few feet, would require removal of the tree. Through negotiations the City will propose to mitigate and restore the wall and landscape areas on the property. Staff’s preferred design alternative was presented to both the Bicycle Advisory Committee and the Transportation Board. Both groups supported staff’s preferred design alternative. The necessary property interests include right-of-way and permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project design and the potential impacts to their property. Staff will continue to work with property owners prior to the acquisition to address individual site considerations while still achieving the improvements goals of the Project. At our meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to First Reading of this Ordinance. 16.1 Packet Pg. 251 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4527 : SR 073 Prospect/College ED Postponement) Agenda Item 19 Item # 19 Page 4 CITY FINANCIAL IMPACTS The Project is funded with local funds. Council appropriated $2,700,000 through a mid-budget offer in 2015 for the design, right-of-way and construction of this Project. City of Fort Collins Utilities is planning significant stormwater improvements as a part of the Project. Colorado State University has financial responsibility for coordinated improvements generally related to the NW corner of the intersection. The purchase of this right- of-way will allow staff to move forward with final design and construction. BOARD / COMMISSION RECOMMENDATION The project was presented and discussed at the April 20, 2016 Transportation Board Meeting. Letter of Support from the Transportation Board is attached. The project was presented and discussed at the March 28, 2016 Bicycle Advisory Committee. PUBLIC OUTREACH This project has been included as a part of the Prospect Corridor Outreach Plan. The project team has held over 20 individual meetings with the eight adjacent property owners. . ATTACHMENTS 1. Location Map (PDF) 2. Sustainability Assessment Summary (PDF) 3. Proposed ROW Exhibit (PDF) 4. Preferred Alternative Design Concept (PDF) 5. Memo to Council May 3, 2016 (PDF) 6. Transportation Board Letter of Support (PDF) 7. Staff Presentation (PDF) 16.1 Packet Pg. 252 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4527 : SR 073 Prospect/College ED Postponement) -1- ORDINANCE NO. 073, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF ADDITIONAL LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS AS PART OF THE PROSPECT ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and College Avenue Intersection Improvements Project (the “City Project”) in 2017; and WHEREAS, the City Project will construct needed road and intersection improvements, multimodal transportation enhancements, utility improvements, and access control improvements; and WHEREAS, Colorado State University is also required to build certain improvements at the same intersection in conjunction with the construction of its new medical center (the “Medical Center Project”); and WHEREAS, it is necessary for the City to acquire certain property interests for the City Project in a timely manner in order to coordinate construction of the City Project with the Medical Center Project; and WHEREAS, on April 19, 2016, the City Council adopted on second reading Ordinance No. 043, 2016, authorizing the acquisition of certain lands necessary for construction of the City Project; and WHEREAS, the City has identified certain additional real property interests needed for the City Project, as described on Exhibits “A” through “D”, attached hereto and incorporated herein by this reference (the “Property Interests”); and WHEREAS, the Property Interests include real property to be acquired either in fee simple for right-of-way or for temporary construction easements; and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Interests from the owners thereof; and WHEREAS, the acquisition of the Property Interests is desirable and necessary for the construction of the City Project, is in the City’s best interest, and enhances public health, safety, and welfare; and WHEREAS, the City is authorized under Article XX, §1 of the Colorado Constitution and Article V, §14 of the City Charter to use the power of eminent domain to acquire real property as reasonably necessary for public improvements such as the City Project; and WHEREAS, the acquisition of the Property Interests may, by law, be accomplished through eminent domain. 16.2 Packet Pg. 253 Attachment: Ordinance No. 073, 2016 (4527 : SR 073 Prospect/College ED Postponement) -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Interests described herein for the purpose of constructing the City Project. Section 3. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Interests for the City by eminent domain proceedings. Section 4. The City Council further finds that, in the event acquisition by eminent domain of any of the Property Interests, or any portion of them, is commenced, immediate possession of the same is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. _________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 16.2 Packet Pg. 254 Attachment: Ordinance No. 073, 2016 (4527 : SR 073 Prospect/College ED Postponement) EXHIBIT "A" 16.2 Packet Pg. 255 Attachment: Ordinance No. 073, 2016 (4527 : SR 073 Prospect/College ED Postponement) EXHIBIT "B" 16.2 Packet Pg. 256 Attachment: Ordinance No. 073, 2016 (4527 : SR 073 Prospect/College ED Postponement) EXHIBIT "C" 16.2 Packet Pg. 257 Attachment: Ordinance No. 073, 2016 (4527 : SR 073 Prospect/College ED Postponement) EXHIBIT "D" 16.2 Packet Pg. 258 Attachment: Ordinance No. 073, 2016 (4527 : SR 073 Prospect/College ED Postponement) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY June 7, 2016 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Second Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 17, 2016, amends the Planning and Zoning Board decision regarding the Gardens on Spring Creek Master Plan Amendment. The final Council-adopted modification regarding Council review and possible revision to the limit on the number of events at the new facilities has been revised to clarify that Council approval of such an increase, if any, would be by resolution. Staff is also proposing alternative sound wall configurations for Council consideration. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading modified to approve sound walls consistent with Option B. BACKGROUND / DISCUSSION The amendments to the Planning and Zoning Board’s Decision approved on First Reading include: A. Clarification that the requirements set forth on Exhibit “A” attached hereto and incorporated herein by reference, are acceptable to the Council and shall constitute the conditions referred to in the Board Decision as the general standards related to time limitations, sound monitoring, and security and safety requirements. B. To direct staff to continue to reevaluate the reinstatement of sound mitigation walls and to allow for future approval of construction as a part of the Project upon approval of modifications of the City Project by the Council by resolution. C. That after one full year of operation of the constructed City Project, the Council may adjust the limit on the number of music concert events per year. Attached are two new alternative sound wall configurations -- Options B and C. Option B decreases the length of the 14-foot tall west wall by 90 feet, for a revised length of 150 feet. Option C eliminates this west wall. This west wall was originally proposed to be approximately 240 feet in length. This reduction is achieved by adjustments to the interior sound walls which are described in detail below. Also included in the attachments for reference is Option A, which shows the configuration of the five sound walls as proposed to Council on May 17, 2016 and at the Planning and Zoning Board’s continued hearing date on April 7, 2016. The initial sound level map is also attached for reference, which was presented at the initial Planning and Zoning Board hearing date on December 17, 2016. 17 Packet Pg. 259 Agenda Item 17 Item # 17 Page 2 Noise levels from the Gardens on Spring Creek facility must be below the maximum decibel levels (dBA) measured at the property line of the complaining party: Low Density Residential District (R-L): 7:00 a.m. to 8:00 p.m. 55 dBA 8:00 p.m. to 7:00 a.m. 50 dBA Employment District (E): 7:00 a.m. to 8:00 p.m. 70 dBA 8:00 p.m. to 7:00 a.m. 65 dBA Below is a summary of the sound wall configurations proposed at previous hearings as well as two new proposed alternatives (Options B and C). Initial Sound Wall Configuration The initial configuration proposed included four interior sound walls and did not include the 14-foot high wall along the western property line. These four interior sound walls are located along the western edge of the Great Lawn/Stage area and include:  A 12-foot tall wall incorporated into the stage structure.  Three walls directly west of the Great Lawn with wall heights of 17 feet, 19 feet and 19.5 feet. This initial sound wall configuration was presented to the Planning and Zoning Board at the initial hearing on December 17, 2015. With this initial sound wall configuration, the project met the noise ordinance of 55 dBA maximum, at the property line of the Windtrail single-family lots located west of the Gardens, along the west side of the Windrail HOA tract. However, the wall configuration did not allow compliance with the noise ordinance at the Gardens Property line, which is along the east side of the Windtrail HOA tract. With this initial sound wall configuration presented on December 17, the Windtrail HOA tract was included in the sound transition, and portions of this HOA property exceeded the maximum permitted sound levels. After the December 17 hearing, staff recommended that sound enforcement be further restricted by measuring the maximum permitted sound levels at the Garden’s property line (not the receiving single-family lot lines further west of the Gardens property). This additional restriction recognized that the Windtrail HOA, as an entity representing the Windtrail residents, could file a complaint regarding noise in excess of 55 dBA within the Windtrail HOA property. “Option A” Sound Wall Configuration for the April 7 Planning and Zoning Board Continued Hearing and May 17 Council Presentation: After the initial Planning and Zoning Board hearing on December 17, 2015, the proposal was revised to include an additional sound wall, referred to as the “western sound wall”. This allowed the project to comply with the 55 dBA maximum at the Gardens west property line, thereby eliminating potential noise enforcement issues within the boundaries of the Windtrail HOA tract to the west. This configuration provided five sound walls:  A 12-foot tall wall incorporated into the stage structure.  Three walls directly west of the Great Lawn with wall heights of 17 feet, 19 feet and 19.5 feet.  One sound wall along the western property, 240 feet in length, fourteen feet high, stepping down to 10 feet on either end. 17 Packet Pg. 260 Agenda Item 17 Item # 17 Page 3 Two Sound Wall Options Currently Proposed: Options B and C provide two new alternative sound wall configurations. Options B and C both allow compliance with the noise ordinance, 55 dBA maximum, at the Gardens property line. Option B decreases the 240-foot length of the 14-foot tall west wall by 90 feet, for a revised length of 150 feet. Option C eliminates the western wall entirely. These changes are achieved by adjustments to one of the interior sound walls located just west of the Great Lawn, as outlined below. “Option B” Sound Wall Alternative: This new alternative proposes a shorter western wall and includes five walls:  One 12-foot height wall incorporated into the stage structure.  Three walls directly west of the Great Lawn with wall heights unchanged at 17 feet and 19 feet, and with the third wall along the southwestern portion of the Great Lawn increased from 19.5 feet to 21 feet in height. This 21-foot high wall is also longer, and extends around the Great Lawn 10 feet farther to the southeast. This extension in wall height and length at the Great Lawn allows the western wall length to be reduced.  The fifth sound wall along the western property is reduced from 240 feet in length to 150 feet, with a height of 14 feet proposed. “Option C” Sound Wall Alternative: This second new alternative eliminates the western wall and expands the four interior walls:  One 12-foot height wall incorporated into the stage structure.  Three walls directly west of the Great Lawn with wall heights unchanged at 17 feet and 19 feet, and with the third wall along the southwestern portion of the Great Lawn increased from 19.5 feet to 22 feet in height (one foot taller than Option B). This 22-foot high wall is also longer than Option B, and extends around the Great Lawn 30 feet further to the southeast (20 feet farther than Option B).  Because the sound walls are extended farther around the Great Lawn with this Option, a fifth sound wall along the western property boundary is no longer needed with the Option C proposal. Regarding Options B and C, Gardens staff has expressed a preference for Option B. Gardens staff has explained that Option C will have significant impact and that views into the Gardens from the main bridge and the Visitor’s Center to the south will be of the expanded interior sound walls and limit views of the gardens and stage. The expanded Option C wall will restrict traffic flow and internal views between Gardens spaces, visually separating the Great Lawn from the themed gardens and minimizing the garden immersion experience. ATTACHMENTS 1. First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (PDF) 2. Sound Model Alternatives Memo (PDF) 3. Powerpoint presentation (PDF) 17 Packet Pg. 261 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Alternate Review of the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to the Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining to the Gardens on Spring Creek and First Reading of Ordinance No. 074, 2016, Modifying the April 7, 2016, Planning and Zoning Board Decision Approving the Major Amendment to The Centre For Advanced Technology 22nd Filing, Community Horticulture Center #MJA 150006 Pertaining To The Gardens On Spring Creek With Conditions. EXECUTIVE SUMMARY The purpose of this item is to review the April 7 Planning & Zoning Board decision regarding the Gardens on Spring Creek amended Master Plan, formally known as the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center. The Board approved the Gardens amended master plan on the condition that: (1) the general standards related to time limitations, sound monitoring, and security and safety requirements set forth in attachment 3 (to the Board packet) be included in the notes set forth on the site plan; and (2) that the 14 foot high western sound mitigation wall be removed from the project. Under Section 2.2.12 of the Land Use Code, the Planning & Zoning Board decision on this City project is not subject to appeal. Instead, Section 2.2.12(B) provides for an “Alternate Review” by Council as requested by a City Councilmember within the 14 days following the Board’s decision. The Alternate Review permits the Council to review the Board’s decision on the City’s amended master plan as an exercise of its legislative power over a City development project and, after conducting a hearing, to adopt an ordinance overturning or modifying the Board’s decision if Council so desires in its sole discretion. The Ordinance modifying the Board decision is included for Council’s use if desired. The Ordinance: 1. Does not offer the option of overturning the Board’s approval of the Gardens amended master plan (with conditions), since this would leave the City without an approved amended plan and necessitate a new application by the Gardens; 2. Clarifies the Board’s decision by clearly identifying the “general standards” to be included on the amended site plan (since the Board reference to standards on “attachment 3” of its materials may have resulted in some confusion); and 3. Includes a possible modification to the Board decision to re-instate the westernmost sound wall, since the Board’s approval removed this element of the City’s plan and this is the portion of the decision that generated much of the discussion at the Board’s hearing and has an impact on the Garden’s operational plan, and a placeholder for other possible modifications (in case any are desired). If Council wishes to include other modifications to the Board Decision, such changes can be added to the Ordinance by amendment. ATTACHMENT 1 17.1 Packet Pg. 262 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) Agenda Item 20 Item # 20 Page 2 If a motion to consider the Ordinance to modify fails for lack of a second or is postponed indefinitely, or if the Ordinance is voted down, then the Planning and Zoning April 7, 2016, decision will remain unmodified and in effect. STAFF RECOMMENDATION Staff recommends Council conduct an Alternate Review of the Planning and Zoning Board decision. BACKGROUND / DISCUSSION The original master plan for the Gardens on Spring Creek was approved in 2001. At that time, the master plan included a number of future components, which are now planned in detail with the currently proposed Master Plan. Specifically, the amended components that are shown with these proposed plans include:  expanded garden areas;  a stage structure, sound walls, and attendance increase for music concerts;  a modified circulation and parking plan; and  site plan notes which update the operational and management standards for Gardens events, and include other standard City requirements (Attachment 3). The Gardens on Spring Creek (GSC) facility was approved by a Hearing Officer in 2001 as the Centre for Advanced Technology 22nd Filing Community Horticulture Center. The approved plan includes two primary uses - Community Facility and Neighborhood Park. The park designation applies to portions of the Plan along the Spring Creek Trail, known as Lilac Park. The approved 2001 plan includes all of the elements of the GSC facility that currently exist today, including the main facility building and greenhouse/conservatory, themed gardens, parking area, trail alignment and perimeter landscaping. The approved 2001 plan also includes several elements to be built with future phase construction, including additional themed gardens, a great lawn, gazebo and bandstand. In conjunction with the great lawn, gazebo and bandstand, the approved plan proposes a maximum of 350 people on-site for amplified music performances and other events. Because the amended plans propose to expand the scope of the amplified music performances to accommodate a maximum of 1,500 people, this change in scope triggered a Major Amendment review process. Compliance with Applicable Employment Standards: The project remains in compliance with all applicable Employment District standards with the following relevant comments provided: A. Section 4.27 - Permitted Uses While the current approval describes the Gardens on Spring Creek facility as a “Community Horticulture Center”, the designated permitted use per the Land Use Code (LUC) is community facility. This specific land use designation is listed in Section 4.27(B)(2)(b)(4) of the Employment District as a permitted use subject to Administrative Review with a Hearing Officer. However, effective July 21, 2015, under Ordinance No. 82, 2015, all projects in which the City is the applicant are reviewed by the Planning and Zoning Board. The new review process is described in Division 2.17: City Projects. Development projects for which the City is the applicant shall be processed in the manner described in this Land Use Code, as applicable, but shall be subject to review by the Planning and Zoning 17.1 Packet Pg. 263 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) Agenda Item 20 Item # 20 Page 3 Board in all instances, despite the fact that certain uses would otherwise have been subject to administrative review. Compliance with Article 3 of the Land Use Code - General Development Standards The project complies with all applicable General Development Standards with the following relevant comments provided: A. Division - 3.2, Site Planning and Design Standards The project plan, as amended, remains in compliance with the standards in this Division of the code, which includes Landscaping and Tree Protection, Access, Circulation and Parking, Solar Access, Orientation and Shading, Site Lighting, and Trash and Recycling Enclosures. The majority of the site elements that relate to these standards have already been constructed, including the on-site parking lot, main building/conservatory, street trees along Centre Avenue, alignment of the Spring Creek Trail, and perimeter plantings. 1) Section 3.2.4 - Site Lighting. A photometric plan is provided for the additional light fixtures that are included in the amended phases of the facility. The additional lighting provided incorporates down-directional and sharp cut-off fixtures. All lighting complies with the lighting levels and design standards of this section. 2) Section 3.2.2 - Access, Circulation and Parking. The amended plans comply with the minimum parking required by providing off-site parking for events as needed. The minimum parking required is based on the City’s standards for Alternative Compliance, and is based on the minimum parking required for the peak demand anticipated at a ticketed performance event, for a maximum of 1,500 people. Parking demand for a 1,500 person event is anticipated to arrive using the following travel modes:  150 visitors travel to events via bicycle  50 visitors travel to events via MAX  1300 visitors travel to events via car w/2 persons per vehicle average. This demand estimate requires total of 650 parking spaces. A total of 700 parking spaces are provided with the plans as follows:  65 vehicles will utilize the existing Gardens on Spring Creek on-site parking lot, of the 74 spaces available in this parking lot.  350 vehicles will utilize the NRRC facility parking lot located across Centre Avenue to the east.  285 vehicles will utilize the CSU Research Blvd parking Lot, which is located 1,800 feet (.34 miles) along Center Avenue to the south of the Gardens. The applicant’s alternative compliance narrative attached with this staff report provides more detail. Staff finds that the off-site parking arrangement provides an adequate solution within acceptable proximity to the facility to accommodate larger planned events. The operational standards provided with the site plan outline the need for traffic control and other measures that will be provided in conjunction with this off-site event parking. B. Division - 3.3 Engineering Standards Utility Plans are provided for the amended project which demonstrate compliance with all City requirements. Site grading and stormwater drainage design are the major focus of these plans. The proposed design and drainage analysis demonstrates that the project complies with the original design from the approved drainage and erosion control report for the project, dated January 31, 2003 and prepared by EDAW, Inc. Portions of the site are in the City floodplain and a Floodplain Use Permit is required, which must show that there will be no rise in the Base Flood Elevation on neighboring properties. 17.1 Packet Pg. 264 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) Agenda Item 20 Item # 20 Page 4  An updated floodplain memo has been provided by the Garden’s consulting engineer. The floodplain memo and associated plans must be provided in final form and a Floodplain Use Permit issued prior to construction. A summary of the floodplain requirements outlined in the memo are as follows:  All development activities on all properties located within a Federal Emergency Management Agency (FEMA) regulatory floodplain are subject to the requirements of Chapter 10 of the City Municipal Code. This includes the Gardens on Spring Creek property, which is in the FEMA regulatory 100-year floodplain for Spring Creek. As required by city code, the project’s engineer has provided City staff with a detailed floodplain analysis. The analysis must demonstrate that the Garden’s proposed improvements will not increase existing flood risk in the area. All new construction of structures as well as filling, excavation, or grading associated with the proposed site work in the floodplain are considered in the analysis. The analysis confirms that: The proposed improvements will not cause a rise in the FEMA Base Flood Elevation (BFE), will not change the boundaries of the FEMA floodplain boundaries, and will not reduce the required regulatory flood storage volume in the area. Compliance with these requirements is achieved through several measures:  All proposed earthwork is balanced so that any proposed raise in grade (fill) is offset by lowering the grade (cut) in other areas of the site. The floodplain model must also be updated to reflect the proposed improvements and show no increase in the Base Flood Elevation. The result of these analyses is called a “No-Rise Certification” which must be provided to the city along with the Floodplain Use Permit. The certification includes required volume calculations for all site elements, including temporary elements. The calculations also take into account proposed plant material.  All new accessory structures must be “flood vented” or elevated above the Regulatory Flood Protection Elevation (RFPE), which is defined as 12 inches above the base flood elevation (BFE). The RFPE elevation is 4,999.42 feet. The term “flood vented” means that the proposed structures (such as the proposed pergolas), must not be fully enclosed. Examples of open structures in the FEMA floodplain can be found in City Parks such as Edora, Spring Creek, Lee Martinez, and Rolland Moore. These parks have open structures in the floodplain/floodway (such as picnic shelters) but not enclosed buildings. Enclosed structures at these parks, such as bathrooms, are outside of the regulatory FEMA floodplain. In addition to flood venting, all permanent features such as the garden’s pergolas must be permanently anchored.  Outdoor storage of materials that might float away is prohibited. All outdoor materials will be confined inside latched utility sheds behind the stage and within the Garden’s maintenance/service yard buildings, anchored and removed after each event, or will be elevated above regulatory flood levels.  The proposed finished elevation of the new stage deck (the lowest floor level of the structure) is 4999.50 feet, above the required flood protection elevation of 4999.42 feet.  The stage structure is elevated above the RFPE through earthwork and terracing with stone walls. Portions of the walls of the stage structure below the Regulatory Flood Protection Elevation (RFPE) of 4999.42 feet are required to be permanently anchored and constructed of Class 4 and 5 flood resistant materials as defined in FEMA Technical Bulletin 2: Flood Damage-Resistant Materials Requirements and as required per Section 10-39 (5) of the Municipal Code. The stage structure meets these requirements by using a concrete pad on an elevated earthen berm, without any voids or enclosed spaces within the stage area, and by using permanently anchored stone walls surrounding the stage structure to achieve grade transition to the surrounding lawn seating area. C. Section 3.4.1 Natural Habitats and Features The project is located within 500 feet of a number of special features that require protection, including the Spring Creek and associated wetlands, the re-routed Sherwood Lateral ditch and associated wetlands, and a series of small wetlands on the eastern edge of the site. Based on the updated Ecological Characterization 17.1 Packet Pg. 265 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) Agenda Item 20 Item # 20 Page 5 Study for the site and the requirements of Section 3.4.1(E), the following Natural Habitat Buffer Zones apply to this project, which have been delineated on the site and landscape plans:  Spring Creek Corridor and wetlands (100 feet)  Sherwood Lateral Ditch and wetlands (50 feet)  Two groups of wetlands on east side of property (50 feet for each wetland area) Section 3.4.1(E) limits the type of development activity that may occur within these buffer zones. As proposed, this project conflicts neither with the intended purpose nor the specific requirements for these buffer zones. While some disturbance will occur within the buffers (e.g., the addition of paths and walkways), these impacts will be adequately mitigated through the restoration of disturbed areas with additional plantings and habitat enhancements throughout the site. D. Municipal Code Chapter 20, Article II - Noise. Noise levels from the Gardens on Spring Creek Facility must be below the maximum decibel levels (dBA) at the following adjacent receiving land uses: Low Density Residential District (R-L): 7:00 a.m. to 8:00 p.m. 55 dBA 8:00 p.m. to 7:00 a.m. 50 dBA Employment District (E): 7:00 a.m. to 8:00 p.m. 70 dBA 8:00 p.m. to 7:00 a.m. 65 dBA An acoustical model was developed by the applicant’s consultant in conjunction with the design of the outdoor stage and great lawn seating area. In conjunction with the outdoor stage orientation, a series of sound walls are provided to absorb and diffuse sound from amplified music performances. The design recommends a series of four sound barrier walls, ranging in height between 14 and 19.5 feet above the stage level, with a new fifth sound wall located along the western boundary of the site. The proposal demonstrates that compliance with the maximum permissible noise levels at the receiving land uses can be achieved. CITY FINANCIAL IMPACTS City financial impacts were not reviewed with the project’s Major Amendment development review process. PUBLIC OUTREACH Prior to initial consideration by the Planning and Zoning Board, three neighborhood meetings were held for the proposed project on July 24, 2014; September 8, 2014; and February 8, 2016. The project was originally presented to the Planning and Zoning Board at its December 15, 2015 hearing. At the hearing, the Board continued this item, and directed staff to continue neighborhood outreach efforts.  On February 8, 2016, the City hosted an additional neighborhood meeting to discuss ways to address concerns from neighbors in relation to the Garden’s development proposal, specifically the increase in capacity of the music venue from 350 to 1500 people.  After the meeting, changes were made to the Operational Standards to further clarify the scope of the facility’s use and the management practices for all events. A detailed meeting summary letter was also mailed to all residents within the notification area summarizing the changes. 17.1 Packet Pg. 266 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) Agenda Item 20 Item # 20 Page 6  An additional sound wall was added along the Gardens’ western property boundary to further mitigate noise impacts from music concerts as well as events which are already programmed.  A noise monitoring system for music concerts was also added, which includes a direct override control at the mixing console. The starting point of the conversation for the February 8, 2016 neighborhood meeting was the following list of concerns generated from previous neighborhood meetings:  Noise/Sound  Parking  Trespass/Loitering/Camping  Non-ticketed/Private Events  Port-a-Lets  Alcohol  Enforcement  Floodplain/Environmental Assessment  Other/Grove/Lilac Park Comments captured at the February 8, 2016 meeting:  More clarity on tangible mitigation for each subject item.  Preference for a distributed sound system. Concern with loitering/event crashing along Spring Creek Trail and Lilac Park area.  Sound transition and stage orientation unreasonably impacts areas to the SW, in particular 603 Gilgalad Way.  Overall effects of impacts -- in particular, sound levels, number of concert events per year, and the ticketed scope of the venue, seems out of place at this location. i.e., Too much program for the location.  Parking/enforcement for un-ticketed events.  Renters (like the symphony) can’t use the venue - counts against 8.  First, I love it. Yay! -Second… In case it hasn’t been addressed… is the local mobile network robust enough for the increased usage during events?  1500 capacity, negotiable?  Do 500 Capacity at Gardens + 1500 where there are TOILETS like the new SE area Park & not next to homes.  No alcohol, only family concerts to promote the love of nature + get families outdoors.  Do non-ticketed events get to have amplified music?  Noise citation- criminal (mandatory court appearance).  How will you stop the additional 1500 spectators from gathering outside the fence line for ticketed concerts  Automated sound control: have the sound level meter directly connected to the sound board. That way any exceedance would be automatically addressed, w/o needing human intervention. Through a polling exercise conducted at the meeting, noise, parking, enforcement, and trespassing issues were the top concerns of those attending. Based on comments and questions staff received at the meeting, mitigation techniques are incorporated into the Garden’s operations in two ways:  Addressed with the Site Plan Notes as General Standards which are included with the proposed amended Master Plan. Attachment 3 provides a full list of these noted standards that are included with the proposed plan.  Addressed by Gardens Staff as operating agreements to be finalized with neighbor input through the formation of a Neighborhood Committee. Attachment 2 provides a summary of neighborhood concerns 17.1 Packet Pg. 267 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) Agenda Item 20 Item # 20 Page 7 and a matrix comparison of the noted standards that are included with the proposed plan (Attachment 3) and the additional standards that are not included with these plan notes, which are addressed separately by Gardens staff. ATTACHMENTS 1. Vicinity Map (PDF) 2. Summary of Standards to Address Neighborhood Concerns (PDF) 3. Site Plan Notes (Operational Standards and other notes) (PDF) 4. Site Plan Color Rendering (PDF) 5. West Wall Photo Simulation (PDF) 6. Floodplain Exhibit (PDF) 7. Floodplain effective / ineffective flow exhibit (PDF) 8. Planning and Zoning Board minutes, April 7, 2016 (PDF) 9. Powerpoint presentation (PDF) 17.1 Packet Pg. 268 Attachment: First Reading Agenda Item Summary, May 17, 2016 (w/o attachments) (4511 : SR 074 Gardens on Spring Creek) russell+mills studios Landscape Architecture + Urban Design + Master Planning 141 s college ave, suite 104, fort collins, colorado 80524 p: 970.484.8855 www.russellmillsstudios.com 1 MEMORANDUM June 1, 2016 RE: Gardens on Spring Creek Sound Modeling Alternatives - Fort Collins, Colorado To: City of Fort Collins Council Members From: Gardens on Spring Creek/Russell + Mills Studios Two additional sound modeling alternatives (Option B and Option C attached) have been prepared following feedback from the 5.17.2016 Council Presentation utilizing different wall configurations in addition to the option presented at that date (Option A). Option B reduces the previously shown wall length of 240’ to 150’ while relocating it 5’ to the east and extends a 21’ interior wall an additional 10’ to the southeast. This is the Garden’s preferred option aside from option A. Option C extends a 22’ interior wall 30’ to the southeast which limits views to the Great Lawn from the entry, and negatively impacts the overall experience both for performances and daily visitors by creating an overwhelming interior barrier. In addition, the initial sound level map prepared for the first Planning and Zoning Board hearing is attached. This sound level map was prepared with the Municipal Code Sound Ordinance interpretation of a 55 dBA maximum measured from residential private property lines. Following the first Planning and Zoning Board hearing, it was determined by City Staff that the 55 dBA maximum should be measured from the HOA property line and/or Gardens on Spring Creek property line. This resulted in the need for the additional 14’ high, 240’ wall along the western property line of the Gardens on Spring Creek property as shown at the second Planning and Zoning Board hearing and the 5.17.2016 Council Presentation (Option A). The following exhibits are attached: Initial Sound Level Map - Presented at first Planning and Zoning Hearing • 55 dBA max. @ residential private property line • (4) Four Interior sound walls @ stage - 12’, 17’, 19’, and 19.5’ in height Option A Sound Level Map - Presented at second P&Z Hearing and 5/17 Council Presentation • 55 dBA max. @ HOA property line • 240’ long, 14’ high sound wall @ Gardens west property line • (4) Four interior sound walls @ stage - 12’, 17’, 19’. and 19.5’ in height Option B Sound Level Map (New) • 55 dBA max. @ HOA property line • 150’ long, 14’ high sound wall 5’ east of west Gardens property line. Note: this wall has been shifted 5’ to the east compared to what was shown in Option A. • Extend 21’ interior sound wall 10’ to southeast • (4) Four interior sound walls @ stage - 12’, 17’, 19’, and 21’ in height Option C Sound Level Map (New) • 55 dBA max. @ HOA property line • Raise 21’ height interior wall to 22’ height and extend this wall 30’ to the southeast. • (4) Four interior sound walls @ stage - 12’, 17’, 19’, and 22’ in height ATTACHMENT 2 17.2 Packet Pg. 269 Attachment: Sound Model Alternatives Memo (4511 : SR 074 Gardens on Spring Creek) INITIAL SOUND LEVEL MAP Initial Sound Level Map - Presented at first Planning and Zoning Hearing • 55 dBA max. @ residential private property line • (4) Four Interior sound walls @ stage - 12’, 17’, 19’, and 19.5’ in height 1 17.2 Packet Pg. 270 Attachment: Sound Model Alternatives Memo (4511 : SR 074 Gardens on Spring Creek) OPTION A (P&Z and Previous Council Presentation) Option A Sound Level Map - Presented at second P&Z Hearing and 5/17 Council Presentation • 55 dBA max. @ HOA property line • 240’ long, 14’ high sound wall @ Gardens west property line • (4) Four interior sound walls @ stage - 12’, 17’, 19’. and 19.5’ in height 2 17.2 Packet Pg. 271 Attachment: Sound Model Alternatives Memo (4511 : SR 074 Gardens on Spring Creek) OPTION B Option B Sound Level Map (New) • 55 dBA max. @ HOA property line • 150’ long, 14’ high sound wall 5’ east of west Gardens property line. Note: this wall has been shifted 5’ to the east compared to what was shown in Option A. • Extend 21’ interior sound wall 10’ to southeast • (4) Four interior sound walls @ stage - 12’, 17’, 19’, and 21’ in height 3 17.2 Packet Pg. 272 Attachment: Sound Model Alternatives Memo (4511 : SR 074 Gardens on Spring Creek) OPTION C Option C Sound Level Map (New) • 55 dBA max. @ HOA property line • Raise 21’ height interior wall to 22’ height and extend this wall 30’ to the southeast. • (4) Four interior sound walls @ stage - 12’, 17’, 19’, and 22’ in height 4 17.2 Packet Pg. 273 Attachment: Sound Model Alternatives Memo (4511 : SR 074 Gardens on Spring Creek) 1 Staff Presentation Cameron Gloss, Planning Manager Gardens on Spring Creek June 7, 2016 ATTACHMENT 3 17.3 Packet Pg. 274 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 2 Initial Master Plan (December 17 Hearing) No Western Sound Wall Proposed 17.3 Packet Pg. 275 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 3 Initial Sound Level Map (December 17 Hearing) 55 dB Measurement line Windtrail HOA Property Areas > 55 Db (not in compliance) No Western Wall 17.3 Packet Pg. 276 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 4 Sound Measurement Boundaries Windtrail H.O.A. Gilgalad Property 115’ 30’ Property Line A. Noise Ordinance measured along this boundary for the second P&Z Hearing on April 7 and as presented to Council on May 17, 2016. Property Line B. Compliance with noise Ordinance was originally measured along this boundary, for the first P&Z Hearing on Dec. 17, 2015 17.3 Packet Pg. 277 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 5 West Sound Wall (Option A) Presented April 7, May 17 Sound Walls 17’,19’,19.5’ Height “Option A” Sound Wall 14’ Height; 240’ length 12’ Stage Wall 17.3 Packet Pg. 278 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 6 Sound Walls (Option A) Gardens Boundary Windtrail H.O.A. Property Gilgalad Added Sound Wall 14’ height Sound Walls Spring Creek Trail spur Stage/ Sound 115’ Wall 30’ Spring Creek Trail 17.3 Packet Pg. 279 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 7 Previous Model (Dec. 17, 2015) Option A Model (April 7, May 17) Sound Model Comparison > 55 dB Grey: 50 to 55 dB Windtrail Property 17.3 Packet Pg. 280 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 8 Sound Wall Options B and C Windtrail H.O.A. Gilgalad Property 115’ 30’ Shorten or eliminate western wall Raise and lengthen Southern Interior sound wall 17.3 Packet Pg. 281 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 9 Option A Sound Model Enlarged View West Boundary +/- 5 Dba below max. 17.3 Packet Pg. 282 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 10 Sound Level Map Option B Option B: • Extend southwest interior sound wall 10’ to southeast. Interior sound wall raised from 19.5’ to 21’ height. • 150’ long, 14’ high sound wall, 5’ east or Gardens western boundary. 17.3 Packet Pg. 283 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 11 Sound Level Map Option C Option C: • Extend southwest interior sound wall 30’ to southeast. Interior sound wall raised from 19.5’ to 22’ height (1’ taller than Opt. B). • Western wall is eliminated with this Option. 17.3 Packet Pg. 284 Attachment: Powerpoint presentation (4511 : SR 074 Gardens on Spring Creek) 12 Staff Recommendation: Option B Windtrail H.O.A. Property Gilgalad 115’ 30’ Option C impacts: • Arrangement of Great Lawn seating area impacted; • Visitor views from south into Gardens impacted; • Restricted traffic flow, potential ingress/egress safety issues for music events; • Internal views between Garden spaces restricted, less immersive Garden experience. Gardens staff –preference for Option B: Extend wall 10’ and raise from 19.5’ to 21’ West wall shortened to 150’ -1- ORDINANCE NO. 074, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS MODIFYING THE APRIL 7, 2016, PLANNING AND ZONING BOARD DECISION APPROVING THE MAJOR AMENDMENT TO THE CENTRE FOR ADVANCED TECHNOLOGY 22 nd FILING, COMMUNITY HORTICULTURE CENTER #MJA 150006 PERTAINING TO THE GARDENS ON SPRING CREEK WITH CONDITIONS WHEREAS, the Centre for Advanced Technology 22 nd Filing, Community Horticulture Center (the “Major Amendment), informally known as the “Gardens on Spring Creek” or “Gardens”; and WHEREAS, the City is the owner of certain property known as the “Gardens on Spring Creek” (or “Gardens”) and the Applicant for the Major Amendment to the Centre for Advanced Technology 22nd Filing, Community Horticulture Center (the “Major Amendment); and WHEREAS, the Major Amendment reflects a proposed plan to complete development by the City of a number of future components outlined in the original master plan for the Gardens approved in 2001, including new and expanded garden areas, the “great lawn” area that includes a covered stage structure and improvements for outdoor performances (referred to herein as the “Performance Area”), modified circulation through the gardens and to the Spring Creek Trail, a bicycle parking area, garden and arbor structures in various gardens and operational and management standards for events in the Performance Area (collectively, the “Project”); and WHEREAS, in addition the stage and related improvements such as the sound system and mixing station, the Performance Area includes five sound mitigation walls - four in close proximity to the stage and a fifth sound mitigation wall fourteen feet high, stepping down to 10 feet on either end, with a length of approximately 240 feet in length along the west boundary of the Gardens (referred to herein as the “Western Sound Wall”) intended to mitigate the impact of sound from music and other performances on the neighborhood adjacent to the Gardens on the west; and WHEREAS, at its regular meeting on April 7, 2017, the City’s Planning and Zoning Board (the “Board”) considered the Project proposed by the Major Amendment, held a duly noticed public hearing, and considered citizen comment and input on the Project; and WHEREAS, after discussion, the Board voted unanimously to approve the Centre for Advanced Technology 22 nd Filing, Community Horticulture Center, #MJA 150006 on the condition that: (1) the general standards related to time limitations, sound monitoring, and security and safety requirements set forth in Attachment 3 to the Board packet be included in the Notes set forth in the Site Plan; and (2) that the Western Sound Wall be removed from the Project (the “Board’s Decision”); and WHEREAS, in July 2015, Council adopted Ordinance No. 082, 2015, which amended the Sections 2.17 and 2.2.12 of the Land Use Code to: (1) provide that all development projects for which the City is the applicant are subject to review by the Board; (2) eliminate appeals of Packet Pg. 285 -2- decisions under the Land Use Code pertaining to City development projects to City Council; and (3) permit the City Council to exercise its legislative power and in its sole discretion, to overturn or modify any decision regarding a City development project by adoption of an ordinance by majority vote (referred to as an “Alternate Review”); and WHEREAS, the Project is the first City development project to come forward since adoption of Ordinance No. 082, 2015; and WHEREAS, Councilmember Campana filed a written request for an Alternate Review of the Project within 14 days after the Board’s Decision as permitted under Section 2.2.12(b) of the Land Use Code; and WHEREAS, after a hearing to obtain public testimony, and receipt and consideration of any other public input (whether at or before the hearing), and evaluation of the Project considering factors in addition to or in substitution of the standards set forth in the Land Use Code, all in connection with the Alternate Review of the City Project, Council has determined to exercise its legislative power and in its sole discretion to modify the Board’s Decision as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby modifies the Board Decision as follows: A. To clarify that the requirements set forth on Exhibit “A” attached hereto and incorporated herein by reference, are acceptable to the Council and shall constitute the conditions referred to in the Board Decision as the general standards related to time limitations, sound monitoring, and security and safety requirements. B. To direct staff to continue to reevaluate the reinstatement of sound mitigation walls and to allow for future approval of construction as a part of the Project upon approval of modifications of the City Project by the Council by resolution. C. That after one full year of operation of the constructed City Project, the Council may by resolution adjust the limit on the number of music concert events per year. Section 3. That the Board Decision continues in effect unmodified except as expressly set forth herein. Packet Pg. 286 -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 287 1 EXHIBIT A Notes included with the Gardens on Spring Creek Amended Plan (See sheet LS003 of the Site Plan) DRAFT 3-23-2016 THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS. GENERAL EVENT STANDARDS: 1. ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE STANDARDS OF CHAPTER 20, ARTICLE II: SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT. 2. THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT EVENTS SHALL BE TICKETED. 3. THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC FESTIVALS. 4. A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE: GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE, YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST, HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS. SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE MUNICIPAL CODE. 1 Packet Pg. 288 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 2 5. PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF. ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW. TIME LIMITATION STANDARDS: 1. ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT SHALL CONCLUDE NO LATER THAN 8PM. 2. EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT 8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME. 3. ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 4. ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 5. ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE BY 9 P.M. SOUND MONITORING STANDARDS: 1. DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION. 2. FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. 3. MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 1 Packet Pg. 289 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 3 SECURITY AND SAFETY REQUIREMENTS: 1. DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK. 2. EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL BE TURNED OFF NO LATER THAN 10 P.M. 3. CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS CONSTRUCTED AT THIS LOCATION IN THE FUTURE. ADDITIONAL GENERAL STANDARDS: 1. ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS. MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN. 2. “NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3. OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100 REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET PARKING DEMANDS FOR ALL GARDENS EVENTS. 1 Packet Pg. 290 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 4 4. THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND CONDUCT ALL OPERATIONS IN ACCORDANCE WITH THE FINAL PLANS. ANY MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE REVIEWED AND APPROVED. 5. THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES. NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT SHALL AT A MINIMUM ADDRESS THE FOLLOWING: a) CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD COMMITTEE. b) PARKING MANAGEMENT AND ENFORCEMENT. c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT. d) MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT AMPLIFICATION AND VOCAL PERFORMANCES. e) ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR INCLUDING: LOITERING, DAY-CAMPING AND LITTERING. f) MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS. g) THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR. h) COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS. REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL: 1. USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE 1 Packet Pg. 291 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 5 RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY SUCH TRANSFER. 2. LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE PLANS. FLOODPLAIN NOTES: 1. PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100- YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK. 2. ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS MUNICIPAL CODE. 3. NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR FURTHER DETAILS AND RESTRICTIONS. 4. ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS. NATURAL AREA BUFFER REQUIREMENTS: 1. STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH 1 Packet Pg. 292 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 6 THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT. 2. ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONES. 3. CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS. 4. CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF THE DEVELOPMENT DURING CONSTRUCTION. STANDARD PLAN NOTES AND REQUIREMENTS: 1. REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS. 2. REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS, AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS, WALKS AND OTHER SURVEY INFORMATION. 3. ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS. 4. ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND UNNECESSARY DIFFUSION. 5. FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE EXTINGUISHING SYSTEM. 6. ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED. 1 Packet Pg. 293 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 7 7. ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS. ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES. ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE. 8. ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. GENERAL LANDSCAPE NOTES: 1. MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES, WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT, LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND CONDITION. 2. THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN TREES/SHRUBS AND UTILITIES: 40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS 15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS 10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN LINES 6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE LINES. 4 FEET BETWEEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER LINES 4 FEET BETWEEN TREES AND GAS LINES 1 Packet Pg. 294 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) 8 3. THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. 1 Packet Pg. 295 Attachment: Exhibit A (4526 : SR 074 Gardens on Spring Creek ORD - 2nd reading changes) COUNTY ROAD 54G W HARMONY RD W DOUGLAS RD W VINE DR MAIN ST W TRILBY RD E DRAKE RD ZIEGLER RD CARP E NTER RD E COUNTY R OAD 30 E COUNTY ROAD 52 S SUMM I T VIEW DR S COUNTY ROAD 5 E COUNTY ROAD 30 INT E RSTAT E 25 N COUNTY ROAD 5 N TAFT HI L L R D E COUNTY ROAD 54 E HORSETOOTH RD S COUNTY ROAD 19 GIDDINGS RD S COLLEGE AVE S OVERLAND TRL S OVERLAND TRL S LEMAY AVE S L EMAY AVE ZIEGL E R RD RIVERSIDE A VE N SHIELDS ST N COLLEGE AVE TERRY LAK E RD G R E G ORY RD ZI E GLER RD S COUNTY ROAD 5 N OVERLAN D TRL S M A SON ST INTERSTA T E 25 8 43 47 49 50 51 25 26 52 53 54 21 23 17 19 20 55 57 18 13 58 60 15 59 14 63 48 3 27 22 56 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 46 30 28 64 9 61 12 11 67 68 66 69 7 75 76 36 5 2 1 6 6 16 40 70 71 72 4 74 78 78 78 29 77 City District-of Fort Precinct Collins Map Printed: May 25, 2016 0 0.5 1 1.5 2 Miles Scale 1:64,000 © Effective: June 17, 2016 CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak EXHIBIT A 15.6 Packet Pg. 247 Attachment: Ordinance No. 055, 2016 (4479 : SR 055 District-Precinct Map) N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD S C O UNTY R OAD 2 3 E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBE RRY ST E COUNTY R O AD 30 COUNTY ROAD 54G STATE HIGHWAY 392 E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S CE N TENNIAL DR T E RRY LA K E RD ZIEGL E R RD N SHIELDS ST S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAND TRL INT E RSTATE 25 9 44 48 50 51 52 26 27 53 54 55 22 24 18 20 21 56 58 19 14 59 61 16 60 15 64 49 4 28 23 57 35 32 36 36 33 34 80 43 45 79 39 39 39 39 39 11 63 66 74 42 25 40 38 38 38 46 47 31 29 65 10 62 13 12 68 69 67 70 8 76 77 37 6 2 1 7 7 17 41 71 72 73 5 75 3 3 3 30 78 City Redistricting of Fort - Option Collins 4 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 10, 2016 0 0.5 1 1.5 2Miles Scale 1:62,856 © Redistricting Option 4 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 25955 100.75% 0.75% 2 25572 99.26% -0.74% 3 26541 103.02% 3.02% 4 26027 101.03% 1.03% 5 25487 98.93% -1.07% 6 24990 97.00% -3.00% Total Population 154572 25762 Lowest -3.00% 3.00% Highest 3.02% 6.3.02% 02% Ideal Maximumdistricts = Total deviation divided by = number sum of Absolute of Value of both the highest and lowest population districts Precinct Precinct 31 58 moved moved from from District District 3 5 to to 4.4. Precinct Precinct 65 77 moved moved from from District District 6 1 to to 5.6. 15.3 Packet Pg. 233 Attachment: Map Options 1-4 (4479 : SR 055 District-Precinct Map) N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD S C O UNTY R OAD 2 3 E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBE RRY ST E COUNTY R O AD 30 COUNTY ROAD 54G STATE HIGHWAY 392 E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S CE N TENNIAL DR T E RRY LA K E RD ZIEGL E R RD N SHIELDS ST S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAND TRL INT E RSTATE 25 11 46 50 52 53 54 28 29 55 56 57 24 26 20 22 23 58 60 21 16 61 63 18 62 17 66 51 4 30 25 59 37 34 38 38 35 36 80 45 47 6 41 41 41 41 41 13 65 68 76 44 27 42 40 40 40 48 49 33 31 67 12 64 15 14 70 71 69 72 10 78 7 39 8 2 1 9 9 19 43 73 74 75 5 77 3 3 3 32 79 City Redistricting of Fort - Option Collins 3 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 09, 2016 0 0.5 1 1.5 2Miles Scale 1:62,856 © Redistricting Option 3 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 26050 101.12% 1.12% 2 25899 100.53% 0.53% 3 24870 96.54% -3.46% 4 26240 101.86% 1.86% 5 26428 102.59% 2.59% 6 25085 97.37% -2.63% Total Population 154572 25762 Lowest -3.46% 3.46% Highest 2.59% 6.2.05% 59% Ideal Maximumdistricts = Total deviation divided by = sum number of Absolute of Value of both the highest and lowest population districts Precinct Precinct 6 12, moved 13 and from 19 moved District from 6 to 1. District 1 to 2. Precinct Precinct 16 17 moved moved from from District District 2 2 to to 1.5. Precinct 32 and 33 moved from District 3 to 4. 15.3 Packet Pg. 232 Attachment: Map Options 1-4 (4479 : SR 055 District-Precinct Map) N LEMAY AVE N TIMBERLINE RD E HARMONY R D N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W E LIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBERRY ST E COUNTY R O AD 30 STATE HIGHWAY 392 COUNTY ROAD 54G E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S C E NTE N NIAL DR TERR Y L A K E RD ZIEGL E R RD N SHIELDS ST S C O UNTY R OAD 23 S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAN D TRL INT E RSTATE 25 8 43 47 49 50 51 25 26 52 53 54 21 23 17 19 20 55 57 18 13 58 60 15 59 14 63 48 3 27 22 56 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 46 30 28 64 9 61 12 11 67 68 66 69 7 75 76 36 5 2 1 6 6 16 40 70 71 72 4 74 78 78 78 29 77 City RedistrictingCollins of Fort - Option 2 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 21, 2016 0 0.5 1 1.5 2 Miles Scale360 1:63, © Redistricting Option 2 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 25649 99.56% -0.44% 2 25580 99.29% -0.71% 3 24870 96.54% -3.46% 4 26270 101.97% 1.97% 5 26812 104.08% 4.08% 6 25391 98.56% -1.44% Total Population 154572 25762 Lowest -3.46% 3.46% Highest 4.08% 7.4.54% 08% Ideal Maximumdistricts = Total deviation divided by = number sum of Absolute of Value of both the highest and lowest population districts Precinct Precinct 14 29 moved moved from from District District 2 3 to to 1. 2. Precinct Precinct 30 56 moved moved from from District District 3 5 to to 4. 4. Precinct Precinct 64 76 and and 67 78 moved moved from from District District 6 1 to to 5.6. 15.3 Packet Pg. 231 Attachment: Map Options 1-4 (4479 : SR 055 District-Precinct Map) N LEMAY AVE N TIMBERLINE RD E HA R MONY RD N COUNTY ROAD 5 STRAU S S CABIN RD MOUNTAIN VISTA DR RICHARDS LAKE RD N TAFT HIL L R D W ELIZABE T H ST TURN B ERRY RD S COUNTY ROAD 19 W TRILBY RD E LI N COLN AVE CARP ENTER RD W HARMONY RD COUNTRY CLUB RD W HORSETOOTH RD E TRILBY RD E DRAKE RD E HORSETOOTH RD W DRAKE RD W PROSPECT RD W MULBERRY ST E COUNTY R O AD 30 STATE HIGHWAY 392 COUNTY ROAD 54G E VINE DR E DOUGLAS RD LAPORTE AVE E P R OSPECT RD S TAFT HILL RD S TIMBERLINE RD E M U LBERRY ST N COLLEGE AVE RIVERSIDE AVE S COLLEGE AVE G R E G ORY RD S C E NTE N NIAL DR TERR Y L A K E RD ZIEGL E R RD N SHIELDS ST S C O UNTY R OAD 23 S OVERLAND TRL S COUNTY ROAD 5 S L EMAY AVE N OVERLAN D TRL INT E RSTATE 25 8 43 47 49 50 51 25 26 52 53 54 21 23 17 19 20 55 57 18 13 58 60 15 59 14 63 48 3 27 22 56 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 46 30 28 64 9 61 12 11 67 68 66 69 7 75 76 36 5 2 1 6 6 16 40 70 71 72 4 74 78 78 78 29 77 City Redistricting of Fort - Option Collins 1 CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: March 09, 2016 0 0.5 1 1.5 2Miles Scale 1:63,360 © Redistricting Option 1 Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak ^ Council Member Locations Redistricting Calculations District Population Percentage of Ideal Percentage Change from Ideal Absolute Value 1 26405 102.50% 2.50% 2 26333 102.22% 2.22% 3 24870 96.54% -3.46% 4 25040 97.20% -2.80% 5 25899 100.53% 0.53% 6 26025 101.02% 1.02% Total Population 154572 25762 Lowest -3.46% 3.46% Highest 2.50% 5.2.96% 50% Ideal Maximumdistricts = Total deviation divided by = sum number of Absolute of Value of both the highest and lowest population districts Precinct Precinct 13 29 moved and 30 moved from District from District 2 to 1.3 to 2. Precinct Precinct 55 62 moved moved from from District District 5 6 to to 4.5. Precinct 76 and 78 moved from District 1 to 6. ATTACHMENT 3 15.3 Packet Pg. 230 Attachment: Map Options 1-4 (4479 : SR 055 District-Precinct Map) 30 3 / 4 X 56 5 / 4 X 64 6 / 5 X 67 6 / 5 X 76 1 / 6 X X 78 1 / 6 X 15.2 Packet Pg. 228 Attachment: GIS Redistricting Methodology (4479 : SR 055 District-Precinct Map) Health Services at the Murphy Center $26,117 $18,000 $8,117 69% Teaching Tree Early Childhood Learning Center: Childcare Scholarships $60,000 $48,500 $11,500 81% Team Wellness and Prevention (Formerly Team Fort Collins): Define Youth $50,000 $0 $50,000 0% The ARC of Larimer County: Families in Action $10,000 $0 $10,000 0% The Center for Family Outreach: Low- Income Youth Scholarship Program $15,000 $8,000 $7,000 53% The Family Center/La Familia: Scholarship Program $50,000 $40,000 $10,000 80% 3.1 Packet Pg. 66 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process) Request Funded Alliance for Suicide Prevention: Suicide Prevention & Mental Health Education $20,000 $4,836 $15,164 24% B.A.S.E. Camp: Childcare Scholarships $70,000 $49,000 $21,000 70% Boys & Girls Clubs of Larimer County: Great Futures Start Here $46,761 $23,000 $23,761 49% CASA Program: Court Appointed Special Advocates $30,661 $12,000 $18,661 39% CASA Program: Harmony House Supervised Visitation $30,377 $15,000 $15,377 49% Catholic Charities: Senior Services $31,440 $15,000 $16,440 48% Catholic Charities: The Mission Shelter $66,129 $30,000 $36,129 45% ChildSafe Colorado: Sexual Abuse Treatment Program $50,000 $35,000 $15,000 70% Colorado Health Network : Northern Colorado AIDS Project (NCAP) $10,000 $6,000 $4,000 60% CARE Housing: Healthy Minds and $53,480 $0 $53,480 0% 3.1 Packet Pg. 65 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process) $66,904 $0 $0 $0 $66,904 FY2016 HSP $389,601 $0 $0 $389,601 $0 FY2016 HSP KFCG $250,047 $0 $0 $250,047 $0 FY2016 HOME Grant $539,676 $0 $53,967 $0 $485,709 FY2015 HOME PI $308,747 $0 $30,859 $0 $277,888 FY2014 HOME PI $118,704 $0 $0 $0 $118,704 FY2016 AHF $325,047 $0 $0 $ $325,047 3.1 Packet Pg. 63 Attachment: First Reading Agenda Item Summary May 17, 2016 (w/o attachments) (4481 : SR 062 063 2016 Spring Competitive Process)