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COUNCIL - COMPLETE AGENDA - 08/16/2016 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on 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 August 16, 2016 (Revised August 16, 2016) Proclamations and Presentations 5:30 p.m. A. Proclamation Proclaiming Every Friday of the School Year as "Get Your Green On". B. Historic Preservation Awards. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will 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 July 5 and 19, 2016 Regular Council Meetings and the July 12 and 26, 2016 Adjourned Council Meetings. The purpose of this item is to approve the minutes from the July 5 and July 19, 2016 Regular Council meetings and the July 12 and July 26, 2016 Adjourned Council meetings. 2. Second Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. This Ordinance, unanimously adopted on First Reading on July 19, 2016, creates a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short-term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. A new rate class will be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. Staff will provide a report to Council in September 2017 after one year of implementation to compare the average monthly usage of any new 1-inch residential services installed under the new rate code adopted through this Ordinance to the usage of similar previous standard ¾-inch residential services. 3. Second Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget in the General Fund to the Restorative Justice Grant Project. This Ordinance, unanimously adopted on First Reading on July 19, 2016, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for restorative justice to the grant project, and by a $9,085 match designated in the form of office space provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the Juvenile Diversion grant. 4. Second Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on July 19, 2016, annexes 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 5. Second Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Majestic Place Annexation to the City of Fort Collins, Colorado. 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. This Ordinance, unanimously adopted on First Reading on July 19, 2016, zones the property included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone district. City of Fort Collins Page 4 6. Second Reading of Ordinance No. 092, 2016, Authorizing the Conveyance of a Permanent Utility Easement and a Temporary Construction Easement on City Property at the Northern Colorado Regional Airport to the City of Loveland. This Ordinance, unanimously adopted on First Reading on July 19, 2016, authorizes the conveyance of a permanent utility easement and a temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport. The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction easement is along the easement on County Road 30. 7. Second Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible Personal Property. This Ordinance, unanimously adopted on First Reading on July 19, 2016, amends the City Code to eliminate the current provisions pertaining to disposition of tangible personal property and replace with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility will be governed by administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification documents, financial transaction devices, computers or electronic items that store personal identification information will be governed by Fort Collins Police Services Standard Operating Procedures. 8. Second Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and Facilities Fund for the Art in Public Places Program for the Southeast Community Park. This Ordinance, unanimously adopted on First Reading on July 19, 2016, appropriates funds for the Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An additional appropriation is needed to fully fund the park as designed. 9. Second Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be held in Conjunction with the November 8, 2016 Larimer County General Election. This Ordinance, unanimously adopted on First Reading on July 26, 2016, calls a Special Municipal Election to be held in conjunction with the November 8, 2016 Larimer County General Election, and preserves the opportunity for Council to place Council-initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot, it would need to do so no later than at its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 8, 2016 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 8, 2016 General Election. 10. First Reading of Ordinance No. 098, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use Tax and Business Personal Property Taxes as Provided in Business Investment Agreements. The purpose of this item is to appropriate $413,781 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Manufacturing, Inc. for use tax and business personal property tax rebates under two business investment agreements. The agreements provide business investment assistance to Avago for the expansion and retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These two projects created an additional 227 primary jobs in the City. City of Fort Collins Page 5 11. First Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. The purpose of this item is to appropriate $151,316 of prior year reserves for a rebate to Woodward, Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. 12. First Reading of Ordinance No. 100, 2016, Appropriating Prior Year Reserves in the Storm Drainage Fund to Construct the Fort Collins/Timnath Boxelder Creek Flood Mitigation Projects and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $979,700 from Prior Year Reserves in the Storm Drainage Fund to cover increased project costs due to a number of additional project scope changes necessary to complete the Boxelder Creek Outfall project as it crosses Prospect Road. 13. First Reading of Ordinance No. 101, 2016, Authorizing an Exchange of Easements between the City and Brookhaven Homeowners Association to Resolve Encroachment Issues on Mallard's Nest Natural Area and Spring Creek Trail. The purpose of this item is to authorize the City’s conveyance of an easement to the Brookhaven Homeowners Association to resolve an encroachment issue on Mallard's Nest Natural Area and Spring Creek Trail. The Natural Areas Department intends to exchange easements with Brookhaven Homeowners Association to resolve long standing and significant encroachments on City property and enable a more favorable alignment of an existing fence along Spring Creek Trail. 14. First Reading of Ordinance No. 102, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. WITHDRAWN FROM CONSIDERATION The purpose of this item is to authorize the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek. The Pond will handle flows from both entities. 15. Resolution 2016-059 Approving an Art Project for the Timberline and Prospect Intersection Improvements Project and Approving Expenditures from the Cultural and Services and Facilities Fund to Commission an Artist Team to Create the Art Project. The purpose of this item is to approve an art project for the Timberline and Prospect Road Project and authorize expenditures from the Art in Public Places Reserve Account to commission an artist team to create the art project. The expenditures of $40,560 will be for design, materials, fabrication, installation, and contingency for Tim Upham and Todd Kundla to create a sculpture at the site of the Timberline and Prospect Intersection. 16. Resolution 2016-060 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Poudre River Annexation. The purpose of this item is to initiate the annexation process for the Poudre River Annexation. This is a City-initiated request to annex 12.01 acres located within the banks of the Poudre River between Lee Martinez Community Park and Linden Street. The land became an enclave upon annexation of City of Fort Collins Page 6 the Wood Street Annexation on September 17, 2012. As of September 17, 2015, the City is authorized to initiate and annex the enclave in accordance with State Statute 31-12-106. 17. Resolution 2016-061 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization to Use a Portion of Pretreated Wastewater in a Cooling Tower. The purpose of this item is to temporarily authorize New Belgium Brewing Company (New Belgium), as a customer of Fort Collins Utilities (Utilities), to use a portion of the pretreated wastewater from its brewery in an onsite cooling tower. Utilities has reviewed the request and recommends that temporary authorization for New Belgium’s use of pretreated wastewater be granted, subject to various terms and conditions. This temporary authorization will help Utilities evaluate whether a permanent program involving the use of pretreated wastewater by New Belgium and other similarly- situated customers can or should be pursued. 18. Resolution 2016-062 Authorizing the City Manager to Execute Agreements Between the City of Fort Collins and the Northern Colorado Water Conservancy District Regarding the Sharing of Water Quality Modeling for the Halligan Water Supply Project. The purpose of this item is to authorize the City Manager to execute an intergovernmental agreement (IGA) between the City of Fort Collins and the Northern Colorado Water Conservancy District (Northern Water) concerning shared use of certain water quality models between the Halligan Water Supply Project and the Northern Integrated Supply Project (NISP). Staff estimates that sharing certain NISP and Halligan Project water quality models will save the City $400,000 or more and prevent delays of up to four months to the Halligan Project’s draft Environmental Impact Statement (EIS), as well as ensure more accurate, consistent, and ultimately defensible modeling for the Halligan Project. The IGA sets forth the framework for sharing certain water quality models between the Halligan Project and NISP, and contains protective terms and conditions for both entities. One key term sets forth conditions on to the extent to which the City and Northern Water may comment on the construction of the shared water quality models during federal or state permitting processes. The IGA does not express support for NISP or change the City’s position with respect to NISP. 19. Resolution 2016-063 Adopting the 2016 City of Fort Collins Strategic Plan. The purpose of this item is to request City Council’s approval of the City’s 2016 Strategic Plan. Council reviewed the City’s draft 2016 Strategic Plan at a work session on March 22, 2016. Based on that review, staff provided Council a red-line version of the proposed changes from the document reviewed on the 22nd and asked for additional input or changes. Staff provided a final version reflecting Council’s input on May 31st and has moved forward with the 2016 Strategic Plan document as an integral input to the City’s Budgeting For Outcomes (BFO) process. Council has asked to formally adopt the 2016 Strategic Plan. It reflects the City’s Strategic Objectives, priorities and focus over the next 3-5 years and is used as a foundation document within other efforts across the City. 20. Resolution 2016-064 Acknowledging Receipt of the City's 2015 Audited Comprehensive Annual Financial Report and Federal Compliance Audit Report Prepared by RSM US LLP, an Independent Public Accounting Firm. The purpose of this item is to accept delivery of the City’s 2015 audited financial reports provided by the independent public accounting firm, RSM US LLP. 21. Resolution 2016-065 Expressing the City Council’s Support for the Passage of a Larimer County Ballot Issue Imposing a Twenty Five One-Hundredths of One Percent Countywide Sales and Use Tax for the Construction, Improvement, Maintenance, and Operations of a Mental Health, Detox and Substance Abuse Treatment Facility and Related Community Services, and Urging the Citizens of Fort Collins to Vote "Yes" on this Ballot Issue. City of Fort Collins Page 7 The purpose of this item is for the City Council to express its support of the Larimer County proposal for the imposition of a 0.25% countywide sales and use tax for the construction, improvement, maintenance, and operations of a mental health, detox and substance abuse treatment facility and related community services which was referred by the Larimer County Commissioners to the 2016 general election ballot for the approval of such proposal. 22. Resolution 2016-066 Appointing Two Representatives to the Colorado Municipal League Policy Committee. The purpose of this item is to appoint Councilmember Ray Martinez and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. 23. Resolution 2016-067 Making Appointments to the Citizen Review Board. The purpose of this item is to appoint Sarah Harris, Don Whitson, and Pranaya Sathe to the Citizen Review Board to fill board vacancies which currently exist due to the resignations of Ethan Schlemer, Jason Sydoriak, and John Heilman. 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. Healthy Homes/Indoor Air Quality Programs. (staff: Mary Pat Aardrup) B. Restorative Justice Program. (staff: Perrie McMillen) 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. City of Fort Collins Page 8 24. First Reading of Ordinance No. 103, 2016, Vacating Portions of Right-of-Way as Dedicated on the Sidehill - Filing Two and Bucking Horse Filing Three Plats. (staff: Marc Ragasa; no staff presentation; 3 minute discussion) The purpose of this item is to vacate various streets dedicated on the Sidehill-Filing Two plat and the Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be replatted as Bucking Horse Filing Four, which was approved through the Planning and Zoning Board on February 11, 2016. 25. Second Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance No. 081, 2016. (staff: John Phelan, Kevin Gertig; no staff presentation; 10 minute discussion) This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Campana, Martinez; Overbeck absent) rescinds Ordinance No. 081, 2016 (Adopted on July 19, 2016) and amends the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan. Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000 will not be further delayed pending Second Reading of this Ordinance. 26. First Reading of Ordinance No. 104, 2016, Making Certain Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to Electric, Water and Wastewater Rates, Fees and Charges Associated with the Income Qualified Rate Pilot Study. (staff: Lisa Rosintoski, Randy Reuscher; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to seek adoption of an ordinance implementing a two year Income- Qualified Rate (IQR) pilot study, effective January 1, 2017. IQR is a discount rate structure for qualified low-income households for electric, water, and wastewater utility services. The rate is designed to increase the adoption of efficiency and resource conservation practices by providing affordable utility services to income-qualified customers. In order to manage IQR administrative costs effectively and provide a convenient and accessible application process, staff recommends partnering with the state sponsored Low-Income Energy Assistance Program (LEAP), locally administered by Larimer County Department of Human Services, to qualify customers for IQR. Using LEAP to qualify customers for the IQR will also increase the number of local locations at which customers may apply for assistance, from one to four. Staff has determined that adequate utility enterprise fund reserves are available to offset the revenue impact of the proposed IQR discounts during the 2017-2018 two-year pilot study, at an estimated total cost of $2,544,145 based on a 65% enrollment rate, thus no 2017 or 2018 rate increases related to IQR are proposed. If adopted, the pilot study will occur between 2017 through end of year 2018. Staff will provide City Council with a one-year evaluation memorandum in the first quarter of 2018, and a two-year evaluation in the first quarter of 2019, in order to assess the impact of the IQR, the efficacy of the IQR in serving the energy and resource conservation purposes, and determine whether the IQR should be continued. If after the pilot study, it is determined the IQR effectively serves its intended resource conservation and utility affordability purposes, staff propose adjusting rates across all classes to continually fund the IQR. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS City of Fort Collins Page 9 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 A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, August 23, 2016, for the purpose of adjourning into executive session to seek legal advice regarding TABOR issues related to the Keep Fort Collins Great (KFCG) Sales and Use Tax and such other business as may come before Council. 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, Colorado State University and the City of Fort Collins seek to celebrate and promote the traditions and spirit that make the college experience at the University great and unique; and WHEREAS the City recognizes that the primary colors of green and gold and the University’s insignias are symbolic representations of the traditions and spirit of the educational mission and experience at the University; and WHEREAS, the Fort Collins community is proud of Colorado State University’s educational mission and experience and the colors and insignias that symbolize them; and WHEREAS, the City recognizes that the University’s colors and insignias play a fundamental role in their efforts to promote and market the educational experience at the University by reinforcing its mission and messages; and WHEREAS, the City recognizes that the wearing of apparel bearing the institution’s approved insignias encourages solidarity among its diverse constituencies and will strengthen the spirit of cooperation within the community. NOW, THEREFORE, I, Wade Troxell, Mayor of Fort Collins, do hereby proclaim Friday of each and every work week this school year as “GET YOUR GREEN ON” and encourage all supporters to wear apparel bearing the colors and/or insignias of the University on these days. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the July 5 and 19, 2016 Regular Council Meetings and the July 12 and 26, 2016 Adjourned Council Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the July 5 and July 19, 2016 Regular Council meetings and the July 12 and July 26, 2016 Adjourned Council meetings. ATTACHMENTS 1. July 5, 2016 (PDF) 2. July 12, 2016 (PDF) 3. July 19, 2016 (PDF) 4. July 26, 2016 (PDF) 1 Packet Pg. 11 City of Fort Collins Page 25 July 5, 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 stated the Leadership Planning Team has recommended postponement of Item No. 9, Items Relating to Outdoor Vending Requirements, to November 15. CITIZEN PARTICIPATION Eric Sutherland discussed a culture of dishonesty within the City organization, opposed the Smart Meter program and process resulting in its installation. Mike Pruznick opposed the redistricting process and discussed the Federal Railroad Administration meeting he was not allowed to attend. Sandy Lemburg discussed City staff’s treatment of citizen comments, noting staff should be more open and receptive. He requested the City establish a non-emergency phone number for police that is easy to remember. Lynn Thompson, Fort Collins Homeless Coalition, discussed the camping ordinance, the need for a restroom to be open 24/7, and the need for additional trash receptacles. Deborah (no last name given) opposed the manual reading charge for Smart Meters and requested the ability for citizens to call in their meter readings. Deborah James, Fort Collins Homeless Coalition, discussed the need for additional restrooms and trash receptacles throughout the city and opposed ticketing for camping. Carol Miller discussed the need for a systems approach for City staff to address decisions Council will make. She expressed concern regarding hurried decisions. Meg Dunn discussed the history of her home at 720 West Oak which is set to be granted landmark status. Cheryl Distaso, Fort Collins Homeless Coalition, requested Council consider the compromise suggested by the Coalition regarding not issuing camping tickets overnight. She expressed concern regarding information being provided by shelter directors. 1.1 Packet Pg. 12 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 26 CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck thanked Mr. Lemburg for speaking and commended his idea for developing an easy-to-remember non-emergency phone number. Councilmember Overbeck suggested the creation of a regular meeting between community members and shelter service providers. Councilmember Martinez commended Mr. Lemburg’s idea for an easy-to-remember non- emergency phone number. He asked if shelters are having overflow issues this summer. Jackie Kozak-Thiel, Chief Sustainability Officer, replied 130 people were turned away from shelters in May and 55 were turned away in June. Catholic Charities has extended the number of overflow beds for women through the summer; however, funding has not been added to the Rescue Mission for overflow as the cost for that was around $45,000. Councilmember Martinez suggested that funding be considered. Mayor Pro Tem Horak suggested there are additional funding resources at other levels which should be considered as part of the overall discussion around homelessness at the upcoming work session. Councilmember Martinez discussed the importance of moving forward with solutions regarding homelessness. Councilmember Campana discussed the complexity of the homelessness issue, stating the City is making progress. Councilmember Stephens asked if the Nashville model and the City’s progress toward that goal will be discussed at the work session. Kozak-Thiel replied in the affirmative and stated the nightly number of individuals turned away from shelters range from 3 to 8. Mayor Pro Tem Horak suggested staff research how other communities with Smart Meters address the manual reading issue. CONSENT CALENDAR Councilmember Campana withdrew Item No. 3, First Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater Utility Fund, from the Consent Calendar. Mike Pruznick withdrew Item No. 6, First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Agenda. 1.1 Packet Pg. 13 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 27 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 077, 2016, Appropriating Unanticipated Grant Revenue in the General Fund for the Architectural Survey of the Loomis Addition in the Westside Neighborhood. (Adopted) This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates unanticipated revenue received through a State Historical Fund grant. The State of Colorado has awarded a $35,000 grant for an architectural survey of the fifteen-block Loomis Addition in the Westside Neighborhood. 2. Second Reading of Ordinance No. 078, 2016, Authorizing the Conveyance of a Sewer Line Easement and a Temporary Construction Easement on Running Deer Natural Area to Boxelder Sanitation District in Exchange for the Vacation of an Existing Easement. (Adopted) This Ordinance, unanimously adopted on First Reading on June 21, 2016, authorizes conveyance of a utility easement and a temporary construction easement to Boxelder Sanitation District on Running Deer Natural Area. Boxelder Sanitation District (BES) provides sanitary sewer service to a portion of Fort Collins residents. An aging and undersized sanitary sewer line that passes through Running Deer Natural Area needs to be replaced to provide for existing and projected residents in their service area. BES and the City have agreed to a realignment of portions of the sewer line and terms to a new easement to minimize the impact to the Natural Area’s vegetation, wildlife and visitors. 3. First Reading of Ordinance No. , 2016, Approving a Revision to the Airport Operating Budget and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional Airport to Complete the Strategic Plan Goals. (Adopted) The purpose of this item is to approve an amendment to the 2016 Airport operating budget and appropriate funds from the Airport Fund to initiate work associated with the City Council approved Airport Strategic Plan. The Northern Colorado Regional Airport Commission has reviewed and approved this request; additionally the City of Fort Collins Council Finance Committee has also been presented with this information. The 2016 Airport operating budget will be amended to authorize expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins will appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be providing the other half of the appropriation. This appropriation is needed as the funding resources were not included in the adopted 2016 Airport Budget approved by Council and expenditure of additional funds not included in the Budget requires City Council appropriation as outlined in the current Intergovernmental agreement between the Cities. 4. First Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic Plan Review. (Adopted) The purpose of this item is to appropriate funds from the reserves of the Data and Communications Fund for implementation of electronic plan review as part of the building permit and development review process. 5. First Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property, 720 West Oak Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) 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(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. 1.1 Packet Pg. 14 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 28 The purpose of this item is to designate the Leo and Hilda Ritter property located at 720 West Oak Street as a Fort Collins Landmark. The owners of this property, Margaret M. Kool Dunn and Robert Louis Dunn 3rd, are initiating this request. The1925 Craftsman-style residence and detached garage are eligible for recognition as a Landmark due to their historic integrity and significance to Fort Collins under Designation Standard C, Design/Construction. END CONSENT STAFF REPORTS Erika Rasmussen, Special Projects Engineer, stated the City has executed an agreement with the Great Western Railway to replace the track crossing at Lemay and Riverside with work beginning July 14. Lemay Avenue will be closed for five days with this project. COUNCILMEMBER REPORTS Councilmember Campana reported on the Tae Kwon Do Open Streets performance and a presentation he gave on the “It’s On Us” initiative to the National League of Cities. Councilmember Overbeck reported on the Elderhaus open house at its new location. Councilmember Cunniff reported on the annual legislative breakfast. Mayor Pro Tem Horak reported on the Energy, Environment and Natural Resources Committee meeting at the National League of Cities conference regarding taxing rebates. He reported on the Colorado Municipal League conference regarding sign codes, long-term rentals, and urban renewal authorities. CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 6. First Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater Utility Fund. (Adopted on First Reading) The purpose of this item is to appropriate the proceeds from the Revenue Refunding Bond, series 2016A, for the purpose of refinancing the callable portion of the 2009A Revenue Bonds. Proceeds will be used to pay off callable bonds as well as pay for cost of issuance fees. The proceeds from the original 2009A bonds of $30.7 million were used to make improvements to the Mulberry Water Reclamation Facility. Savings are anticipated to be $2.4 million. Mayor Pro Tem Horak withdrew from the discussion of this item due to a conflict of interest. Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 082, 2016, on First Reading. 1.1 Packet Pg. 15 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 29 RESULT: ORDINANCE NO. 082, 2016, ADOPTED ON FIRST READING [6 TO 0] MOVER: Gino Campana, District 3 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff RECUSED: Horak DISCUSSION ITEMS 7. 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. (Defeated on Second 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. 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. Ordinance No. 073, 2016 was adopted on First Reading on May 17, 2016 by a vote of 5-2 (Nays: Cunniff, Overbeck). Laurie Kadrich, Planning, Development and Transportation Director, stated this item would authorize the use of eminent domain, if necessary, for two residential properties near the intersection of Prospect and College. Negotiations of up to ten months would occur prior to the use of any eminent domain and the staff proposal continues to include the recommended concept for dual westbound turn lanes. Funding for the intersection project was previously appropriated. Dean Klingner, Capital Projects Engineer, stated both the preferred alternative and the single westbound left alternative, which does not impact the wall or tree at 1535 Remington, were presented to the Transportation Board and Bicycle Advisory Committee. The southern shift 1.1 Packet Pg. 16 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 30 alternative, which was completed in early May, has not been presented to any boards. The southern shift alternative has not been recommended by staff primarily due to cost. In terms of lowering the design speed for the intersection, staff agrees that lower speeds can lead to less severe crashes; however, adding sharper curves and posting a lower speed limit will not result in lower operational speeds. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to allow each speaker three minutes rather than two and a half. Yeas: Troxell, Martinez, Campana, Overbeck, Stephens, Cunniff and Horak. Nays: None. THE MOTION CARRIED. C.W. Miller stated the staff recommended alternative is flawed and resulted from a process which did not include proper public input. He encouraged Council to oppose the ordinance. Anne Cleary, 1535 Remington, opposed the overly-rushed manner in which this process unfolded. She stated eminent domain should not be used for the purpose of adhering to an arbitrary rushed schedule. Sarah Brooks expressed disappointment in the potential use of eminent domain and the seeming fact the City values the motoring experience of those driving through the intersection more than those who live near the intersection. Chris Johnson, Bike Fort Collins, suggested lane widths of ten feet are appropriate in urban areas and have a positive impact on street safety without impacting traffic operations. He opposed the use of eminent domain in this situation and encouraged Council and staff to examine national recommendations regarding lane widths. Sandy Lemburg opposed approving the use of eminent domain prior to negotiations and stated cost savings is not an appropriate use for eminent domain. Josh Disney discussed the high cost of the alternative intersection design to the city and community at-large. Many citizens will benefit from the redesign of the intersection while only one family will be negatively impacted. Brad Conner stated the loss of trees is a loss for the community. Mike Pruznick opposed the ordinance and expressed concern regarding the process to this point. He questioned how this proposal will solve any issues. Eric Sutherland stated the City’s process of authorizing the use of eminent domain prior to negotiating with property owners is atypical. Jessica Witt stated this is a difficult challenge which cannot be resolved in this short period of time. She opposed the staff alternative as including aspects that are not necessary. Carol Miller stated the process for these types of decisions needs to be revised to include a complete systems review. 1.1 Packet Pg. 17 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 31 Kevin Harper, 1535 Remington, opposed the authorization of eminent domain prior to negotiations. Councilmember Cunniff requested an assessment of the existing left turn storage condition. Klingner replied he would measure that information from the distance. Councilmember Cunniff asked if staff could imagine a process in which Council does not approve eminent domain action until negotiations have not reached a satisfactory conclusion. Helen Matson, Real Estate Services Manager, replied it is the City's process to ask for eminent domain if needed prior to appraisals and negotiations. Much more time would be needed in the process in order to ask for eminent domain following negotiations. Klingner stated the current left turn storage condition is about 100-130 feet in both lanes. The staff-preferred alternative as presented varies the lane width throughout the project. Councilmember Cunniff asked if staff is aiming for 40 mile per hour design standards for arterials. Klingner replied in the affirmative and noted a context-sensitive compromise has been to use 35 miles per hour. Councilmember Cunniff noted there is not a corridor plan on the northeast side of Prospect that mandates the sidewalks. Klingner replied in the affirmative. Mayor Troxell asked if any of these options would still be going through the eminent domain process with the City's current procedure. Klingner replied in the affirmative. Mayor Troxell stated it is highly unusual to be focusing on the specific design at this point in the process. Klingner agreed with that assessment. Mayor Troxell discussed the City's history of not using eminent domain, noting the number of properties resolved through court processes has been zero over the last five years. Councilmember Campana asked how other communities handle this issue. Matson replied Aurora prefers to never use eminent domain and to put more money into projects. Loveland waits a bit longer to start its process. If the process to authorize eminent domain is not started until after negotiations have failed, each property may need to go before Council to authorize eminent domain individually. City Manager Atteberry noted Council can address the eminent domain process and procedures at a later date. Councilmember Overbeck asked about the range of cost for the intersection improvements and how the $1.3 million figure came to be. Klingner replied the notes referenced by a citizen are handwritten from a project notebook and were not all inclusive. The figure is a best estimate for a fair decision number; however, it could be slightly higher or lower. Councilmember Overbeck asked if 3600 square feet is the estimate of property to be acquired from the Harper/Cleary property. Klingner replied that includes the temporary construction easement. 1.1 Packet Pg. 18 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 32 Councilmember Overbeck asked if the City has calculated the benefits of mature trees. Tim Buchanan, City Forester, replied larger trees have greater value in a general sense. Staff does have the ability to place a dollar value on trees; however, that has not yet occurred in this case. Councilmember Overbeck stated the value of the tree should be known as part of the public process. Buchanan replied the range of mitigation for the trees which may be lost would be between two and three mitigation trees per lost tree. Mayor Troxell asked about the tree species. Buchanan replied there is a large blue spruce tree with a 24-inch diameter and 50-foot height; blue spruce typically has a lifespan of 80-100 years and this tree has decades left in its life. Mayor Troxell asked if the tree's root structure is impacted under the current conditions. Buchanan replied in the affirmative, stating the wall disrupted the root system somewhat. Matson stated the City will provide a property appraisal and will reimburse the property owners for their private appraisal, both of which will include the value of the tree. City Manager Atteberry noted he cannot recall any time during which the value of a property, structure, tree or otherwise has been shared during or prior to negotiations. Councilmember Overbeck stated decisions should be data-driven. Councilmember Martinez asked about the comparison of cars idling with no changes to the intersection versus the pollution protection offered by this tree. Buchanan replied there is a significant amount of pollution removal per tree. Councilmember Cunniff asked if the existing condition meets minimum engineering standards. Klingner replied in the affirmative. Councilmember Cunniff asked if there is a way to quantify the benefits of each of the alternatives. Klingner replied there would be no measurable difference in fatalities for any of the alternatives. Mayor Pro Tem Horak asked if the southern alternative needs twice as much right-of-way. Klingner replied in the negative noting the table is not meant to be quantitative. Councilmember Campana stated minimizing the design of an intersection to save a couple trees and a wall does not make sense. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 073, 2016, on Second Reading. Mayor Pro Tem Horak asked if there are any corridor plans for East Prospect. Klingner replied in the negative. Councilmember Cunniff stated he would not support the motion as the City's eminent domain process sacrifices the interest of individual property owners and citizens. He suggested the policy should be examined with respect to commercial versus residential properties and noted all of the alternatives reduce congestion. He expressed concern about the construction of the intersection without a corridor plan going east. 1.1 Packet Pg. 19 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 33 Councilmember Stephens asked if 10-foot sidewalks were being considered to accommodate bicycles or because of ADA standards. Klingner replied 10-foot sidewalks are not needed for ADA; the 10-feet involves a complete street concept for Fort Collins and a minimum standard for pedestrians, not necessarily bikes. Councilmember Campana agreed eminent domain processes should differ between residential and commercial properties. He noted funds have already been appropriated for the intersection construction and the authority for eminent domain for the majority of the properties around this intersection has been granted using the same process under question currently. Councilmember Overbeck stated a better collaborative process with citizens should be completed. Mayor Pro Tem Horak stated Mr. Harper and Ms. Cleary have been willing to compromise on some portions of their property and have been quite data driven in terms of making their argument. He stated eminent domain has been authorized for areas which have a plan and he cannot support moving forward with this given it is not part of an overall plan. Councilmember Stephens stated this is a failing intersection; however, there is room for process improvements and a larger corridor plan. Councilmember Martinez stated this intersection presents public safety concerns and the staff engineers have good credibility in their design efforts. He noted the City has a fiduciary responsibility to taxpayers to not unnecessarily throw extra money at a project. Councilmember Campana stated that while the City does not have a policy requiring corridor plans, this intersection is mentioned in a number of plans and has been on the improvement list for years. He requested Council develop an alternative to simply postponing construction with an affirmative vote on this motion. RESULT: ORDINANCE NO. 073, 2016, DEFEATED ON SECOND READING [3 TO 4] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Campana, Troxell NAYS: Stephens, Overbeck, Cunniff, Horak Councilmember Cunniff suggested directing staff to develop a plan that best maximizes the safety and congestion benefit while seeming likely to reach a satisfactory conclusion with the property owners with a deadline of four months. Councilmember Overbeck supported Councilmember Cunniff's suggestion. Councilmember Campana requested staff provide information regarding the cost of the delay and impact to the construction schedule. Mayor Troxell suggested the staff preferred alternative be included and encouraged staff to look out for the City's best interest. (Secretary's Note: The Council took a brief recess at this point in the meeting.) 1.1 Packet Pg. 20 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 34 8. Items Relating to Proposed Outdoor Vendor Requirements. (Postponed to November 15, 2016) A. Second Reading of Ordinance No. 079, 2016, Amending Article XIV of Chapter 15 of the Code of the City of Fort Collins Regarding Outdoor Vendors. B. Second Reading of Ordinance No. 080, 2016, Amending Articles 3, 4 and 5 of the Land Use Code Regarding Outdoor Vendors. These Ordinances, unanimously adopted on First Reading on June 21, 2016, amend the City Code and Land Use Code to update property owner and outdoor vendor requirements. The intent of the original 2012 Code provisions for outdoor vendor operations was to manage a mobile operation and address specific mobile vendor impacts and requirements as a temporary, accessory land use. The proposed changes clarify and distinguish between two primary outdoor vending operations, mobile and stationary, including land use locational requirements for vending on privately-owned lots. Both Ordinances have been amended since First Reading to provide that these amendments to the City Code and Land Use Code will not go into effect until January 15, 2017. This will give vendors and property owners six months to adjust their operations to these new regulations. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone Second Reading of Ordinance No. 079, 2016 to November 15, 2016. Mayor Pro Tem Horak stated more outreach is needed before Council completes its consideration of this topic. RESULT: SECOND READING OF ORDINANCE NO. 079, 2016 POSTPONED TO NOVEMBER 15, 2016 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to postpone Second Reading of Ordinance No. 080, 2016 to November 15, 2016. Yeas: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff and Horak. Nays: none. THE MOTION CARRIED. RESULT: SECOND READING OF ORDINANCE NO. 080, 2016, POSTPONED TO NOVEMBER 15, 2016 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 9. Items Relating to the Designation of the Coy Farmstead Woodward Technology Center, a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A or Option B) (Adopted as Amended on First Reading) A. First Reading of Ordinance No. 088, 2016, Non-Consensually Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option A) Or 1.1 Packet Pg. 21 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 35 B. First Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Option B) This item is a quasi-judicial matter and will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015- 091. The purpose of this item is to consider a landmark designation application for the Coy Farmstead, located on the Woodward Technology Center property, brought forward by seventy-six Fort Collins residents. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. The owner of the property, Woodward, Inc., has not consented to landmark designation, except if certain conditions are attached to the designation. City Code Chapter 14, Landmark Preservation, provides a process for the Landmark Preservation Commission review of an application absent an owner’s consent, which culminates with a recommendation to Council on the designation. In order to facilitate Council’s consideration and action on this item, two versions of a designation ordinance are presented. City Attorney Daggett explained the designation hearing process. Mayor Troxell outlined the time allotments for each group to speak. Councilmember Overbeck stated he serves on the Poudre Heritage Alliance Board which has prepared an interpretive sign for the site but did not believe he had a conflict of interest. Laurie Kadrich, Planning, Development and Transportation Director, stated this is the third step in a process for non-consensual historic designation of buildings on the Woodward site. Karen McWilliams, Historic Preservation Manager, summarized the historic designation process to date, noting a property has to have both significance and integrity to be eligible to be a Fort Collins landmark. At its May 11, 2016 meeting, the Landmark Preservation Commission found the Coy Farmstead to not be eligible as an historic district stating it lacked sufficient integrity to be designated without its silos. At the same meeting, the Commission found the barn and milk house to both be individually eligible for landmark status. McWilliams discussed the non- consensual versus consensual designation and stated Council has previously designated two individual properties and three landmark districts non-consensually. Kadrich noted the Commission had described one of its motions as consensual. Woodward objected to that because the Commission did not consider all of the elements proposed by Woodward. Councilmembers Cunniff and Overbeck acknowledged earlier site visits by themselves and other Councilmembers. Mayor Pro Tem Horak stated many Councilmembers were also at the Woodward property dedication. APPLICANT PRESENTATION Gina Janett stated she is the lead applicant for the 138 signers supporting non-consensual designation of the Coy Farmstead Historic District. She supported the individual designation of the barn and milk house structures. 1.1 Packet Pg. 22 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 36 Carol Tunner discussed the historic value of the site and structures. She stated a non-consensual designation is appropriate because the site meets the criteria. Ms. Janett stated her group, the Landmark Preservation Commission, and staff are in agreement on five of the six conditions outlined by Woodward with the exception of the opt in, opt out condition. She encouraged Council to adopt Option A of the Ordinance, a non-consensual designation which includes the five conditions. OPPONENT PRESENTATION Caroynne White, outside counsel for Woodward, stated Woodward remains committed to its functional adaptive reuse plan, as approved by the Community Development and Neighborhood Services Director and the Landmark Preservation Commission Vice-Chair through the normal process, as long as it can proceed to implement the plan without further LPC review and additional public hearings. The plan includes the barn and milk house, as well as the collaborative work space where the silos once stood. Ms. White stated Woodward is opposed to non-consensual designation of the structures as local landmarks as that designation does not allow the property owner to do as it sees fit with its own property without first seeking approval of any exterior alterations through the LPC process. Chris Fawzy, in-house general counsel for Woodward, stated Woodward has proposed to the LPC certain conditions under which Woodward would be willing to consent to local landmark designation. He requested Council adopt Option B with a minor modification and discussed the significant concession on Woodward's part of agreeing to a consensual designation. The consensual designation on Woodward's part would be coupled with a commitment by the City to not expand nor consider the expansion of the designation at any point in the future. In terms of item number 7 of Option B, Mr. Fawzy requested the removal of the term “it is Council's intent that”... PUBLIC PARTICIPATION Eric Sutherland questioned the value of anything considered a “taking”, as that term reflects harm done to an entity. He opposed the quasi-judicial proceeding utilized to discuss this item. David May, Chamber of Commerce President, supported Option B as a win-win option and opposed non-consensual designation as being hostile. Mary Hemstone supported the non-consensual designation and noted that designating structures as landmarks does not constitute a taking of private property. She expressed concern regarding items 6 and 7 in Option B. Myrne Watrous supported non-consensual designation. Wendy Campbell supported non-consensual designation. APPLICANT REBUTTAL Ms. Janett noted there is nothing on the site other than the two buildings to designate; therefore, Woodward's concern regarding expansion of the designation is a moot point. She suggested an 1.1 Packet Pg. 23 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 37 agreement between the City and Woodward is not sufficient in case of land ownership changes and stated conditions 6 and 7 of Option B circumvent the intent of the Code to make landmark designations largely permanent. OPPONENT REBUTTAL Mr. Fawzy stated Woodward could only exercise the “opt-out” right if Council elects to consider a designation or elects to do something that otherwise alters or eliminates any of the conditions upon which Woodward has consented to the designation to begin with. COUNCIL DISCUSSION Councilmember Campana asked about the crafting of Option B. City Attorney Daggett replied Woodward has communicated with staff about some willingness to provide consensual designation assuming some of its concerns were addressed. This Option addresses conditions that are legally defensible from the City’s standpoint and articulates the concerns from Woodward. She stated staff is willing to strike the term “it is the Council’s intent” per Woodward’s request. Mayor Troxell asked what would be considered a trigger event noting it is narrowly defined around the consensual designation. City Attorney Daggett replied the condition is aimed at the landmark designation only; therefore, other types of regulatory processes which might apply to the site would still apply. Councilmember Cunniff expressed concern regarding section 6 given the ambiguity of the language. He suggested replacing the term “any other governing body” with “Council designees” and “consider” with “approve”. He made additional language suggestions and asked if they would satisfy the applicants. Ms. Janett replied the language may make things better for Council; however, it seems odd that Council would waive a provision of the Code not expecting to set a precedent which could undermine the basis of historic preservation in the city. Mr. Fawzy agreed to the “Council designee” but expressed concern regarding the term “approve” as Woodward does not want to have to engage in this process again. City Attorney Daggett outlined the wording changes as suggested by Councilmember Cunniff. Ms. Janett suggested Council include additional language related to the waiver of City Code for this single applicant. Ms. Humstone expressed concern with the language. Mr. Fawzy expressed concern regarding the “approve” term and noted Woodward’s intent regarding historic preservation related action is related to these proceedings and the landmark designation. Councilmember Cunniff stated it is an absolute requirement for him that section 7 be limited to Chapter 14. 1.1 Packet Pg. 24 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 38 Various iterations of the language were discussed by Council, the applicants, and Woodward representatives. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) City Attorney Daggett outlined the wording changes to the Ordinance and explained the specific changes as follows: this makes clear this would give a right only to Woodward, the triggering event for a designation termination by Woodward would be an initial action taken by Council as opposed to a final action, and the action would be the approval of such expansion or any conditions in the ordinance being invalidated. Councilmember Campana made a motion, seconded by Councilmember Martinez, to approve Ordinance No. 088, 2016, Option B as amended, on First Reading. Mayor Pro Tem Horak noted this property has owners who will protect and secure the buildings. Councilmember Cunniff expressed concern with the final language and setting a precedent. Councilmember Campana thanked those involved for their work and efforts. City Attorney Daggett clarified the map found on page 839 of the agenda packet should replace Exhibit B in the ordinance. Councilmembers Campana and Martinez accepted that change as part of their motion. Mayor Troxell thanked Woodward for working toward a consensual designation. Mayor Pro Tem Horak suggested changing the language to add 'court after exhaustion of all appeals.' Councilmembers Campana and Martinez accepted that change as part of their motion. RESULT: ORDINANCE NO. 088, 2016, ADOPTED AS AMENDED ON FIRST READING [6 TO 1] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak NAYS: Cunniff EXTENSION OF MEETING Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to extend the meeting to consider the remaining agenda items. RESULT: APPROVED 4-3 MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Stephens, Overbeck, Troxell, Cunniff NAYS: Martinez, Campana, Horak 1.1 Packet Pg. 25 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 39 11. Second Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (Postponed to July 19, 2016) This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates funding from the General Fund to implement two initiatives outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. First, the Ordinance appropriates $85,000 accumulated during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green Waste (Composting) Site Initiative. Second, based on direction at First Reading, the Ordinance also appropriates $1,460,000 from the General Fund to provide energy efficiency rebates for the business community ($1.37M) and the Efficiency Works Neighborhoods Pilot ($0.09M) through 2016. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone consideration of this item to the regular Council meeting on July 19, 2016. Mayor Pro Tem Horak stated this postponement will provide the opportunity to address various concerns. RESULT: ORDINANCE NO. 081, 2016, POSTPONED TO JULY 19, 2016 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 12. First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. (Postponed to July 19, 2016) The purpose of this item is to create a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short-term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone consideration of this item to the July 19 Council meeting. RESULT: ORDINANCE NO. 085, 2016 POSTPONED TO JULY 19, 2016 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak OTHER BUSINESS Councilmember Martinez requested support for considering the placement of the Climate Action Plan before voters. Mayor Pro Tem Horak suggested a work session to discuss the Plan and noted every action regarding it has been taken publicly and by ordinance. 1.1 Packet Pg. 26 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 5, 2016 City of Fort Collins Page 40 Councilmember Cunniff agreed with the idea of a work session for further public dialogue and debate. Councilmember Campana agreed some of the Plan's action items are not incredibly tangible and noted there are controversial aspects; therefore, if it is put before the voters with a funding source, future decision makers will have an easier time implementing the Plan. Councilmember Stephens stated a work session could allow the community to discuss the benefits of the Plan rather than just its costs. Councilmember Overbeck supported a work session. Mayor Troxell stated this is an energy futures issue. ADJOURN TO JULY 12, 2016 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 PM on Tuesday, July 12, 2016 to consider the Maple Mixed Use appeal, as well as any other items that may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak ADJOURNMENT The meeting adjourned at 11:30 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 27 Attachment: July 5, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) City of Fort Collins Page 41 July 12, 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, Horak ABSENT: Cunniff Staff present: Atteberry, Daggett, Nelson 1. Consideration of an Appeal of the Administrative Hearing Officer Decision Regarding the Maple Mixed Use PDP. (Hearing Officer Decision Overturned) The purpose of this item is to consider an Appeal of the Administrative Hearing Officer decision dated April 25, 2016, denying the 320 Maple Mixed Use Project Development Plan. On May 9, 2016, Ian Shuff, Architect with the firm ALM2S, filed a Notice of Appeal on grounds that the Hear Officer made the following errors: Failure to properly interpret and apply relevant provisions of the Land Use Code (LUC), particularly LUC Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e); and Consideration of evidence relevant to its findings which was substantially false or grossly misleading. Mayor Troxell introduced the item. Councilmembers Campana and Martinez disclosed they know multiple individuals involved in the appeal; however, they did not declare a conflict of interest. City Attorney Daggett outlined the appeal process. The parties-in-interest on both side of the appeal identified themselves. Tom Leeson, Director of Community Development and Neighborhood Services, discussed the proposed project, a mixed-use building at the southeast corner of Maple and Meldrum, noting mixed-use developments are encouraged within the Downtown zoning district. This block has a three to four story height limit which reflects a transition to the Neighborhood Conservation Buffer zone. The most prominent topic of discussion in the original hearing was the relationship of the proposed project to the Browns on Howes townhome development which is currently nearing completion. The Hearing Officer found that the proposed project does not comply with Land Use Code sections 3.4.7 and 3.5.1 which deal with compatibility of new developments within the neighborhood context. The applicants appealed the decision based on two allegations: the information presented at the hearing was substantially false and grossly misleading and the Hearing Officer failed to properly interpret and apply the relevant provisions of the Land Use Code. Mayor Troxell stated he and Councilmembers Overbeck and Campana made a site visit. Councilmember Overbeck stated he asked questions about nearby historic homes and heights of surrounding buildings. He also asked about the date of the application for the historic district. 1.2 Packet Pg. 28 Attachment: July 12, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 12, 2016 City of Fort Collins Page 42 Councilmember Campana stated they walked the property boundary and located property pins on the east side of the project. Mayor Troxell stated they took in the context of the surrounding area. Leeson stated Councilmembers asked about the width of the alley and the location of the parking garage entrance. In response to other questions, the trees along Meldrum will remain; there is one additional historic property located at the north end of the alley facing Cherry Street that was not considered to be in the area of adjacency; and the application for the proposed historic district was submitted about a year and a half ago. Mayor Troxell requested input on procedural issues from parties-in-interest. Lucia Liley, attorney for the applicant/appellant, stated she had proposed a potential different process regarding the false and misleading allegation which might avoid a remand; however, as the Mayor opted to stay with the regular process, she requested the opportunity to address Council on some procedural aspects relating to a remand decision should Council opt for that direction. APPELLANT PRESENTATION Ms. Liley discussed the proposed project noting the site is a targeted redevelopment site. A similar project was previously approved on the site, though it was never built. The Landmark Preservation Commission unanimously recommended appropriate compatibility of the project. Ms. Liley alleged the Hearing Officer’s conclusions contained no analysis of the underlying Code provisions and little or no reference to any evidence. Ian Shuff, project architect, discussed the ways in which this project provides compatibility with the existing neighborhood and does not negatively affect the Browns on Howes project. OPPONENT PRESENTATION Robin Bachelet, Browns on Howes developer, discussed the Hearing Officer’s findings of incompatibility due to height, mass and design and detailed the parking access for her project which she believes set an enhanced standard for parking and circulation. She expressed concern regarding the number of cars that will be added to the alley area from the proposed project and requested the enhanced standard set by the Browns on Howes project be followed. Ms. Bachelet expressed concern regarding views from outdoor spaces at her project being blocked by the proposed project. Christian Bachelet, Browns on Howes developer, stated Browns on Howes would not have been built if the proposed project had been built first, therefore setting the enhanced standard for the block. Dave Phillips, Browns on Howes builder, stated he was involved in many of the early planning meetings for the Browns project during which City staff stated this was the best use imaginable for the site. 1.2 Packet Pg. 29 Attachment: July 12, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 12, 2016 City of Fort Collins Page 43 APPELLANT REBUTTAL Ms. Liley stated parking and circulation were not part of the Hearing Officer’s denial and are not part of the appeal, nor is project size the issue, but rather the mitigation of size effects. She argued enhanced standard relates to architecture only and cited information from the Landmark Preservation Commission which encouraged the use of less brick and more lap siding. Mr. Shuff argued there are no obstructed views to the west from the Browns on Howes project as the projects are diagonal from one another and do not overlap. Anthony McNeil supported the project as a large improvement over the existing status of the area. He urged Council to overturn the Hearing Officer’s denial. The appellant requested to be allowed to submit letters in support of the project from neighbors and the opponents accepted their submission. Nick Haas, Northern Engineering, supported both the proposed project and the Browns on Howes project as adding to a vibrant and enhanced downtown. Bob Long supported organized transitions from greater density to less density and supported the proposed project. Jim Burrill, historic district applicant, stated the applicants have worked through the Landmark Preservation Commission process to improve the visual transition to his property. Gregory Glebe, 325 Cherry Street developer, supported the proposed project OPPONENT REBUTTAL Ms. Bachelet stated the Code refers to “enhanced standard” rather than “enhanced architecture”. She agreed the site needs to be redeveloped but additional work could be done on stepbacks and compatibility. COUNCIL DISCUSSION Councilmember Martinez asked about the statement made that staff assured the Browns on Howes developers they would have unobstructed views to the west. Clark Mapes, City Planner, replied staff is unsure what those statements would be referencing and any implication that this project would be two stories or less cannot be recalled. Councilmember Martinez asked if staff believes views to the west will be obstructed. Mapes replied in the negative, stating the Browns project currently looks over an existing single-family house and its backyard. Mayor Troxell requested staff input regarding the enhanced standard. Mapes replied the proposed project uses high quality materials and noted the 9-foot setbacks are behind the right- of-way lines; therefore, the setbacks are actually 12 and 14 feet including the landscape area. Staff is of the opinion that this project meets the enhanced standard criteria. 1.2 Packet Pg. 30 Attachment: July 12, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 12, 2016 City of Fort Collins Page 44 Councilmember Stephens requested an explanation of lap siding and clarification as to whether or not metal siding will be used. Mapes replied there will be no metal siding and the lap siding is the equivalent of clapboard siding but is made out of cement fiber. Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, that Council find the Hearing Officer conducted a fair hearing in her consideration of the Maple Mixed-Use project and did not consider evidence relevant to her decision that was substantially false or grossly misleading. Councilmember Campana agreed that some comments made during the hearing may have been misleading; however, there is no evidence the decision was based upon those comments. The vote on the motion was as follows: Yeas: Campana, Horak, Troxell, Overbeck, Stephens and Martinez. Nays: none. THE MOTION CARRIED. Councilmember Campana made a motion, seconded by Councilmember Stephens, to overturn the decision of the Hearing Officer denying approval of the Maple Mixed-Use project because she failed to properly interpret and apply sections 3.4.7 and 3.5.1 of the Land Use Code and to overturn the decision of the Hearing Officer denying the modification of standard based on the findings of fact in the staff report for the original hearing and this appeal. City Attorney Daggett suggested Council specifically find the modification of standards to be approved. Councilmember Campana replied that was his intention. Councilmember Campana stated this is exactly the type of project desired for this location and questioned why it was denied. Councilmember Stephens agreed with Councilmember Campana and accepted the modified language as proposed by City Attorney Daggett. Mayor Pro Tem Horak requested staff explain how the building and project is compatible with the surrounding buildings and projects. Mapes replied the pedestrian perspective from the sidewalk is considered first. In this case, materials utilized are an obvious reference to the houses in the neighborhood. The long wall faces on Cherry Street Lofts are about as long as the long faces on the proposed building and the project as a whole will have a similar effect to the other large buildings on the block. Mayor Pro Tem Horak stated the conclusions made by the Hearing Officer were clear; however, their basis was not. Councilmember Stephens requested additional microphones be added to the room in which hearings are held. City Attorney Daggett read the entire motion as follows: "I move to overturn the decision of the Hearing Officer denying approval of the Maple Mixed-Use project because she failed to properly interpret and apply the following Land Use code provisions: Section 3.4.7 regarding historic and cultural resources, Section 3.5.1 regarding building and project compatibility, Section 2.8 and Section 4.16(d)(5)(e) regarding modification of standard and exterior building materials, and 1.2 Packet Pg. 31 Attachment: July 12, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 12, 2016 City of Fort Collins Page 45 hereby find that said requirements are met by the project consistent with the findings stated in the staff report for the administrative hearing, and further find that the modification of the exterior building materials standard shall be approved because it is not detrimental to the public good and the plan as proposed will promote the general purpose of the exterior building materials standard equally well or better than what a complying plan would because it relates well to the wood siding on the houses found in the adjacent area." RESULT: HEARING OFFICERE DECISION OVERTURNED [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak ABSENT: Cunniff 2. Consideration of a Motion to Support the Nomination Application of Mayor Pro Tem Horak to the United States Department of Transportation Advisory Committee on Transportation and Tourism Infrastructure. (Adopted) The purpose of this item is to propose a motion in order to support the nomination application of Mayor Pro Tem Gerry Horak to the US Department of Transportation’s Advisory Committee on Transportation and Tourism Infrastructure. This advisory committee is comprised of 25 representatives from around the nation and advises the Secretary of Transportation on matters pertaining to the role of intermodal transportation in facilitating mobility related to travel and tourism activities. Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to nominate Mayor Pro Tem Horak to represent the City on the U.S. Department of Transportation National Advisory Committee on Tourism and Travel. Councilmember Stephens requested information about the Committee. Mayor Pro Tem Horak replied the Committee looks at transportation along with tourism, safety and other things at the national level. Councilmember Campana supported the nomination and commended Mayor Pro Tem Horak’s work on the topic. RESULT: ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak ABSENT: Cunniff OTHER BUSINESS Mayor Pro Tem Horak received Council support to receive feedback regarding improving the analyses completed by Hearing Officers. He asked how Hearing Officers are evaluated and reviewed and requested information regarding how many Type I versus Type II hearings occur and how many of each get appealed. 1.2 Packet Pg. 32 Attachment: July 12, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 12, 2016 City of Fort Collins Page 46 City Manager Atteberry asked if this is an isolated incident or more general concern. Mayor Pro Tem Horak replied the Hearing Officer had very few questions to analyze and he questioned the details of providing feedback to the Hearing Officers. Councilmember Martinez requested future clarification of the term “substantially false and grossly misleading”. City Attorney Daggett replied staff will follow up on the question. ADJOURNMENT The meeting adjourned at 7:45 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 33 Attachment: July 12, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) City of Fort Collins Page 47 July 19, 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 noted Item No. 13, Resolution 2016-055 Setting for August 16, 2016, a noticed public hearing for the City Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown Business Improvement District, will be postponed until July 26 as the required petitions have not yet been submitted. CITIZEN PARTICIPATION Eric Sutherland discussed a loan extended by the URA Board for the Rocky Mountain Innosphere , stating the loan the City made to the URA for that purpose will not be repaid. He opposed the use of TIF for the Innosphere. Liz Derbyshire stated short-term rentals challenge the integrity of the City’s zoning, occupancy and related regulations. She encouraged Council to prohibit non-primary rentals. Debra (no last name given) stated charges made to customers are being padded by Fort Collins Utilities for costly projects such as the Smart Meter program. Bob Sutton, Fort Collins Board of Realtors, requested Council provide direction to staff to conduct an extensive ten-year performance review of the U+2 occupancy ordinance with a particular focus on the impacts of affordability in neighborhoods. Eric Tamme requested Council direct staff to begin drafting regulations for short-term rentals to more accurately align with the City’s zoning and planning documents. Michelle Haefle encouraged the regulation of short-term rentals in residential zones as City Code clearly defines lodging as any rental less than 30 days. She requested that definition be included in the Land Use Code and encouraged its enforcement in every district. Rick Hausman, Fort Collins Board of Realtors, requested Council instruct staff to conduct a review of the U+2 ordinance with a focus of its effect on neighborhoods and affordability. Mike Knowles discussed the potential impacts of staff's proposed STR regulations. He suggested denying non-primary STRs in residential zones and encouraged a minimum proximity regulation. Will Flowers, Fort Collins Board of Realtors, requested a review of the U+2 ordinance. 1.3 Packet Pg. 34 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 48 Paul Patterson discussed the impacts of short-term rentals on neighborhoods and suggested limiting STRs to primary residences only. Cindy Minatta, Fort Collins Board of Realtors, requested Council instruct staff to conduct a review of the U+2 ordinance with a focus on affordability. Nick Haas commended Item No. 3, Second Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic Plan Review, as being a substantial improvement to building permit reviews and commended Item No. 6, First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes, as it had the potential to impact housing affordability. He suggested housing affordability and neighborhood protection can be better addressed. Lynn Barker discussed the need for affordable housing in the community and cautioned Council against simply accepting data and numbers provided by staff. Deborah James discussed the camping ban and two deaths caused by hypothermia. Clint Skutchan, Fort Collins Board of Realtors, discussed the importance of housing affordability, including rental housing affordability with regard to the U+2 ordinance. Margaret Mitchell questioned how short-term rentals will affect zoning and encouraged the implementation of regulations. Pranaya Sathe, ASCSU, requested Council instruct staff to conduct a review of the U+2 ordinance with a focus on affordability and encouraged a discussion to better maintain campus and community relations in line with the growth of the city. William Montgomery discussed fencing being placed within a public right-of-way and stated he was arrested for climbing the fence, claiming that action was not illegal. Eddie Kendall thanked Council and staff for their work for the City and commended the hospitality of Councilmembers. David Montgomery discussed a special agency tribunal that helps with homeless-related tickets. He questioned why he and his brother were disqualified from utilizing the tribunal. Reed Mitchell stated short term rentals cannot be allowed for economic reasons, such as the development of a new downtown hotel. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Campana asked if a study regarding U+2 has already been completed as part of the affordable housing study. Deputy City Manager Jeff Mihelich replied that topic was studied as part of the affordable housing study, but not to the depth the Board of Realtors is requesting. 1.3 Packet Pg. 35 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 49 Councilmembers Campana and Martinez supported a more comprehensive study with community involvement. City Manager Atteberry suggested a meeting with Mr. Skutchan regarding the scope of their request and returning to Council with additional details and the effect on the Work Plan. Councilmember Cunniff opposed spending a great deal of money to evaluate the U+2 ordinance at this time; however, he suggested additional data could be helpful. He suggested consideration of the low-density single-family neighborhoods separately from other zone uses. Councilmember Martinez noted there is public interest in evaluating the U+2 ordinance. Councilmember Stephens asked about the special agency session mentioned by Mr. Montgomery and whether that offer would not be extended to certain individuals for some reason. City Attorney Daggett replied special agency session is an alternative path for defendants who chose to plea bargain their offenses. It is typically not available to those not interested in obtaining the services available through that program and are not interested in seeking help. Other considerations include the type of offense and whether the program would offer benefit to the defendant. Councilmember Stephens asked if defendants are made aware of the option when going through the system. City Attorney Daggett replied it is discussed with the defendants as part of the plea bargain conversation. Mayor Pro Tem Horak stated utilities and their operations are consistently studied to ensure fairness in rates. City Manager Atteberry noted the utility rate ordinances for 2017-2018 will be formally considered by Council on November 1. CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Agenda. 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 June 21, 2016, Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the June 21, 2016, Regular Council meeting. 2. Second Reading of Ordinance No. 083, 2016, Approving a Revision to the Airport Operating Budget and Appropriating Reserves in the Airport Fund for the Northern Colorado Regional Airport to Complete the Strategic Plan Goals. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2016, approves an amendment to the 2016 Airport operating budget and appropriates funds from the Airport Fund to initiate work associated with the Airport Strategic Plan. The 2016 Airport operating budget will be amended to authorize expenditure of the total amount of $165,000 from the Airport Fund. The City of Fort Collins 1.3 Packet Pg. 36 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 50 will appropriate 50% ($82,500) of the total $165,000 request, and the City of Loveland will be providing the other half of the appropriation. This appropriation is needed as the funding resources were not included in the adopted 2016 Airport Budget approved by Council and expenditure of additional funds not included in the Budget requires City Council appropriation as outlined in the current Intergovernmental agreement between the Cities. 3. Second Reading of Ordinance No. 084, 2016, Appropriating Prior Year Reserves in the Data and Communications Fund for Implementation of Electronic Plan Review. (Adopted) This Ordinance, unanimously adopted on First Reading on July 5, 2016, appropriates funds from the reserves of the Data and Communications Fund for implementation of electronic plan review as part of the building permit and development review process. 4. Second Reading of Ordinance No. 087, 2016, Designating the Leo and Hilda Ritter Property, 720 West Oak Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) 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(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, unanimously adopted on First Reading on July 5, 2016, designates the Leo and Hilda Ritter property located at 720 West Oak Street as a Fort Collins Landmark. The owners of this property, Margaret M. Kool Dunn and Robert Louis Dunn 3rd, are initiating this request. 5. First Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget in the General Fund to the Restorative Justice Grant Project. (Adopted) The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for restorative justice to the grant project, and by a $9,085 match designated in the form of office space provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the Juvenile Diversion grant. 6. First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. (Adopted) The purpose of this item is to create a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short-term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. 1.3 Packet Pg. 37 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 51 7. Items Relating to the Majestic Place Annexation. (Adopted) A. Resolution 2016-051 Setting Forth Findings of Fact and Determinations Regarding the Majestic Place Annexation. B. Public Hearing and First Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 8. Public Hearing and First Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Majestic Place Annexation to the City of Fort Collins, Colorado. (Adopted) 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. The purpose of this item is to zone the property included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone district. 9. First Reading of Ordinance No. 092 , 2016, Authorizing the Conveyance of a Permanent Utility Easement and a Temporary Construction Easement on City Property at the Northern Colorado Regional Airport to the City of Loveland. (Adopted) The purpose of this item is to authorize the conveyance of a permanent utility easement and a temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport. The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction easement is along the easement on County Road 30. 10. Resolution 2016-052 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer Decision Denying the Maple Mixed Use Project Development Plan, PDP 150025. (Adopted) The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Hearing Officer decision to deny the 320 Maple Mixed Use Project Development Plan. The appeal was heard by City Council on July 12, 2016. 11. Resolution 2016-053 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. 12. Resolution 2016-054 Approving the 2016 Certification to the Larimer County Assessor Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment. (Adopted) The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax 1.3 Packet Pg. 38 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 52 increment from the 2016 property taxes payable in 2017 to the City and to all other affected taxing entities. 13. Resolution 2016-056 Recognizing and Supporting the City's Culture and Health in Order to Join the Healthy Eating and Active Living Cities & Towns Campaign and Fulfill the Requirements for the Kaiser Permanente Walk & Wheel Colorado Grant Awarded to the City in 2014. (Adopted) The purpose of this item is to consider a resolution in support of the City’s culture of health. The City’s FCMoves Department was awarded a Kaiser Permanente Walk & Wheel grant to fund bicycle safety education and outreach, Open Streets events, bicycle and pedestrian data collection, an update to and printing of the Fort Collins bicycle map, and the development of the Fort Collins Bike Share Business Plan. Joining the HEAL Cities & Towns Campaign of LiveWell Colorado by adopting this resolution fulfills Kaiser’s expectations for grant recipients. CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested additional information regarding City plans to track water usage and ensure it has the correct raw water buy-in requirements over time. Jon Haukaas, Water Utilities, replied the information comparing the pipe sizes is trackable. STAFF REPORTS COUNCILMEMBER REPORTS Councilmember Martinez reported on the Salvation Army’s monthly report. Councilmember Overbeck reported on the Buckeye neighborhood’s 37 th annual neighborhood gathering. CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 14. Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown Business Improvement District. (Postponed to July 26, 2016) The purpose of this item is to consider the adoption of a resolution setting a public hearing date for August 16, 2016 to consider the formation of a Business Improvement District within Midtown Fort Collins. Adoption of the Resolution only sets the public hearing date for consideration of this matter. RESULT: Resolution 2016-055 Postponed to July 26, 2016 DISCUSSION ITEMS 15. Second Reading of Ordinance No. 082, 2016, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding Bonds, Series 2016A, in the Maximum Aggregate Principal Amount of $21,900,000 in the Wastewater Utility Fund. (Adopted on Second Reading) This Ordinance, adopted on First Reading on July 5, 2016 by a vote of 6-0 (Horak recused) appropriates the proceeds from the Revenue Refunding Bond, series 2016A, for the purpose of refinancing the callable portion of the 2009A Revenue Bonds. Proceeds will be used to pay off 1.3 Packet Pg. 39 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 53 callable bonds as well as pay for cost of issuance fees. The proceeds from the original 2009A bonds of $30.7 million were used to make improvements to the Mulberry Water Reclamation Facility. Savings are anticipated to be $2.4 million. Mayor Pro Tem Horak withdrew from the discussion of this item due to a conflict of interest. Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 082, 2016, on Second Reading. Councilmember Cunniff stated the use of the money is directed by Council as the Wastewater Board and suggested once a specific capital need is identified in the plans, this money will be returned to the rate payers unless other operational costs arise. RESULT: ORDINANCE NO. 082, 2016, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gino Campana, District 3 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff RECUSED: Horak 16. Second Reading of Ordinance No, 081, 2016, Appropriating Prior Year Reserves in the General Fund for 2016 Projects Associated with the 2020 Climate Action Plan (CAP) Strategic Plan. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on June 21, 2016, appropriates funding from the prior year reserves in the General Fund to implement two initiatives outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan. First, the Ordinance appropriates $85,000 accumulated during 2015 and 2016 in the Waste Innovation Fund account into the City’s General Fund account to initiate the Municipal Green Waste (Composting) Site Initiative. Second, based on direction at First Reading, the Ordinance also appropriates $1,460,000 from the General Fund to provide energy efficiency rebates for the business community ($1.37M) and the Efficiency Works Neighborhoods Pilot ($0.09M) through 2016. Deputy City Manager Mihelich stated three Climate Action Plan initiatives are ready for funding and implementation. The initiatives include municipal green waste composting, energy efficiency business incentives, and solar incentives and rebates. Mihelich presented information regarding cost savings as well as expenditures. Tom Hoehn supported funding of the three programs and commended the public-private partnership between the City and residents. Hunter Buffington encouraged allowing people who are already investing in energy efficiency in their businesses to continue to do so. Mike Truitt spoke on behalf of contractors who have benefitted from the rebate program. Jeff Morisette discussed global warming and encouraged funding of the programs. Kevin Cross, Fort Collins Sustainability Group, supported funding of the two energy efficiency programs. He opposed pausing either of those programs mid-year and discussed the importance of the programs in meeting the CAP goals. Eric Sutherland requested the amount of Light and Power reserves used to fund the new utility building. He opposed the City tax on food for home consumption and argued emphasis should 1.3 Packet Pg. 40 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 54 be placed on providing energy efficiency upgrades for housing that needs it most rather than on lower rates. Councilmember Cunniff noted a food tax rebate program does exist. Councilmember Martinez supported placing the CAP on the ballot. Councilmember Stephens requested additional information regarding the food tax rebate program. Mike Beckstead, Chief Financial Officer, replied that information is on the website and can be placed on the home page, noting the program runs from August through October and involves extensive community outreach. Participation in the program has increased from 1,100 to about 1,500 in the past few years. Councilmember Campana asked how program success will be measured. John Phelan, Energy Services Manager, replied that success has been historically measured by looking at the program portfolio and the utilities investment in those programs and comparing that to the wholesale cost of electricity. In terms of the CAP, some additional metrics such as dollars per ton are being considered. Councilmember Campana asked if a mechanism is in place to adjust the requirements or criteria of the rebates. Phelan replied the rebate amounts and technologies are examined annually. Councilmember Campana supported the staff recommendation of a 60 day postponement as being part of the plan, do, check, act process. City Manager Atteberry replied the recommendation to delay the program was based on preserving all the options for Council going into the 2017-2018 budget and noted the recommendation for postponement came from the CAP executive team. Councilmember Campana asked if hybrid options have been considered. Mihelich replied staff did consider a scaled option with varying commitment levels. Mayor Troxell asked about the difference in the CAP between electric energy and thermal energy. Phelan replied thermal energy is impacted by some of the new home Code-related initiatives. Most of the modeling deals with electric energy and a portion relates to natural gas. Mayor Troxell asked about the target use inventory. Phelan replied electricity represents about half of the climate inventory and about a quarter is from natural gas which is mostly home and business heating. Councilmember Martinez asked about the accuracy of a Coloradoan story indicating the four greatest entities contributing about 20% of the area's emissions. Phelan replied in the affirmative, noting those customers are eligible for rebates. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 081, 2016, on Second Reading. Mayor Pro Tem Horak stated this makes financial sense and is therefore easy to support. He commented on the clean energy economy and supported moving forward. 1.3 Packet Pg. 41 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 55 Councilmember Campana noted he is still unsure which metrics are being used to measure success and questioned whether or not this actually makes financial sense. He stated he would support additional funding for the program given data to make an informed decision. Councilmember Cunniff stated collecting data and measuring effectiveness are necessary; however, he stated General Fund reserves have been closely monitored for the purpose of climate action spending and this expenditure does not put the City in jeopardy nor is it unexpected. He also supported potentially backfilling the General Fund reserves in the future. Councilmember Stephens stated she would support this item and commended the success of the energy efficiency program thus far. Councilmember Martinez asked if rates would go up if these funds were taken from electric reserves. Beckstead replied this one action would likely not cause a rate increase. Councilmember Martinez commended the program as a whole; however, he noted the program should go through the budget process. Mayor Pro Tem Horak stated the reserves are being used as part of an opportunity and there is a 2:1 cost savings ratio. This expenditure makes sense and saves money. Councilmember Campana stated Councilmembers committed to each other that they will debate and evaluate its implementation. Mayor Troxell expressed concern regarding prioritization and supported the staff recommendation to postpone 60 to 90 days. Beckstead stated the original staff recommendation was to let this be a part of the budget process. Staff did not anticipate funding to come from the General Fund or the Light and Power Fund. City Manager Atteberry stated he would like to return with a reaffirmation of sales and use tax funding or Light and Power funding. Councilmember Campana asked about the demand for funds. Phelan replied customers have been told staff is considering moving to a wait list because of limited funds. The number of applications has dropped dramatically as applicants are holding on to them. Councilmember Campana discussed a hybrid option which would include an amount of money that would allow business to continue to take place in combination with increasing standards for rebates. Councilmember Overbeck requested information regarding the Air Quality Advisory Board recommendation. Phelan replied the Board recommended the City fully and immediately fund the $1.46 million required for the business efficiency rebate program and efficiency works neighborhood pilot program. He stated the amount and source of funding is guided by Council and noted these programs are collaboration between Platte River Power Authority and its other member cities. City Manager Atteberry noted the budget schedule and stated there will be no funding for this program until January 1 without supplemental funding. Mayor Troxell stated he would support the motion in the spirit of trying to work toward something in the next week. He discussed the importance of prioritization moving forward. 1.3 Packet Pg. 42 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 56 RESULT: ORDINANCE NO. 081, 2016, ADOPTED ON SECOND READING [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak NAYS: Martinez, Campana (Secretary's Note: The Council took a brief recess at this point in the meeting.) 17. Second Reading of Ordinance No. 088, 2016, Designating the Coy Farmstead Barn and Milk House Located on the Woodward Technology Center Subdivision as Individual Fort Collins Landmarks pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted as Amended on Second R) This item has been treated as a quasi-judicial matter and will be considered in accordance with the procedures established by the Mayor, with the consent of the Council, as described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Cunniff), designates the Coy Farmstead, located on the Woodward Technology Center property, as a Fort Collins Landmark. The Coy Farmstead currently consists of an 1866 stone and timber barn and a c.1900 brick milk house. Two historic silos associated with the property were recently removed. Non-substantive changes to Section 6 of the Ordinance adopted on First Reading were made to clarify the meaning of the language. Mayor Troxell outlined the process for this item. Councilmember Cunniff mentioned general concern regarding quasi-judicial proceedings with regard to landmark designation. Chris Fawzy, General Counsel for Woodward, noted the consensual portion of the designation is based on what Woodward submitted to Council at the July 5 hearing. Since that time, various language changes were suggested by the City. As a result, Woodward agrees with the notion of successor in title to the designated property; however, should Woodward be a continued occupant of the property, it does not want to lose its right to withdraw consensual designation should another hearing occur. Mr. Fawzy read Woodward’s suggested language. Woodward does not want to suggest that it would be obligated to exhaust all appeals in order for the consent to be withheld. City Attorney Daggett supported the recommended wording changes. Councilmember Cunniff asked if any of the parties-in-interest in support of non-consensual designation have seen the language. City Attorney Daggett replied in the negative. Bill Woodley suggested it would not be beneficial to oppose the wording changes. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 088, 2016, as amended, on Second Reading. 1.3 Packet Pg. 43 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 57 Councilmember Cunniff expressed concern regarding quasi-judicial proceedings with regard to landmark designation and discussed the ability of corporations and large entities to access legal representation. He expressed disappointment the new language was not discussed with supporters of non-consensual designation and stated he could not support the motion at this time. Councilmember Overbeck stated he would not support the motion. Mayor Troxell stated he would support the motion and commended the work of both sides to arrive at the designation. RESULT: ORDINANCE NO. 088, 2016, ADOPTED AS AMENDED ON SECOND READING [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 18. First Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible Personal Property. (Adopted on First Reading) The purpose of this item is to amend the City Code to eliminate the current provisions pertaining to disposition of tangible personal property and replace with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility will be governed by administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification documents, financial transaction devices, computers or electronic items that store personal identification information will be governed by Fort Collins Police Services Standard Operating Procedures. Wendy Williams, Assistant City Manager, stated this item amends City Code relating to the disposition of tangible personal property and authorizes an administrative policy that would be adopted by the City Manager. The current Code requires an inventory process through the Police Services evidence system and storage for no less than 30 days. The amount of unclaimed property has increased drastically lately which has overwhelmed the system. Staff is recommending a new administrative policy that is practical, consistent, and changeable as necessary. The policy has a definition of trash to include perishable and hazardous items, and items of little or no value. A 72-hour notice would be placed on items and, if not removed, items deemed “not trash” would be stored at the Parks facility for 30 days. Additionally, the City is planning to partner with a service provider to distribute unclaimed items in accordance with its purchasing procedures. Lynn Thompson, Fort Collins Homeless Coalition, supported the balance and due process considerations being made with this proposal; however, she expressed concern regarding the distinction being made between single items and multiple items. She also encouraged additional publication regarding where items can be found. In terms of what constitutes a single item, Williams stated a single item would be considered one item; bags will not be gone through to determine the presence of additional items. However, backpacks and bags will be inventoried upon arrival at the Parks Shop and held for 30 days as all other items would be. 1.3 Packet Pg. 44 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 58 Mayor Pro Tem Horak requested information for addressing single items separately. Williams replied this was a last minute change made at the request of District 1 Police Officers as one item is often left behind or is lost and rather than going through the process of tagging the item, it would simply be moved to the Parks Shop and held for 30 days. Williams supported publishing claim information in various locations. Mayor Pro Tem Horak suggested creating a viewable database of items. Councilmember Stephens asked where the Parks Shop is located. Williams replied it is on Bryan Street near City Park golf course. Councilmember Stephens encouraged the use of judgment with larger single items such as a tent or backpack. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 093, 2016, on First Reading. Mayor Pro Tem Horak suggested quarterly reports to Council regarding the changes made to the process over time. Councilmember Stephens commended staff work on the item and supported the compromise solution. RESULT: ORDINANCE NO. 093, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 19. First Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and Facilities Fund for the Art in Public Places Program for the Southeast Community Park. (Adopted on First Reading) The purpose of this item is to request appropriations for the Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An additional appropriation is needed to fully fund the park as designed. Kurt Friesen, Director of Park Planning and Development, discussed the community outreach process and resulting plan changes for the Southeast Community Park. Friesen detailed the six planned farm experiences and other aspects of the park design. The funding request is for $1.6 million which will come from community parkland capital expansion reserves. $780,000 will be set aside for contingency. Eric Sutherland stated disparity in public finance should be avoided and discussed the disparity between north and south Fort Collins specifically in terms of water rates. He suggested Timnath should have contributed to the cost of the park. Scott Sinn, Parks and Recreation Advisory Board Chair, commended the Southeast Community Park and updates provided to the Board by staff. However, he stated the Board has not had the 1.3 Packet Pg. 45 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 59 opportunity to review the additional funding request proposed and therefore cannot make a recommendation for or against a course of action. Bruce Henderson, Parks and Recreation Advisory Board Vice Chair, reiterated Mr. Sinn's comments and commended the park design. He encouraged Council to do its due diligence in terms of weighing the park's features and budget. Councilmember Overbeck asked if the metal silos will cause a burn risk. Friesen replied staff has done testing on the silos and the exterior of the silos in full sun is at about 95 degrees. The silos will be painted inside and out and the insulating qualities of the paint should address the heat issue. Other means of addressing the heat are also available. Councilmember Cunniff commended the park design and suggested it is not extravagant in its design. He asked if the Nature in the City and stormwater funds for the park will come before Council for a subsequent appropriation. Friesen replied those funds have already been appropriated. Councilmember Cunniff stated he would like the Parks and Recreation Board to be able to provide feedback on prioritization. He asked where the stream lies in the stormwater stream restoration priority plan. Friesen replied the stream, in its current state, is not acceptable due to erosion; therefore, it makes sense to handle it at this time. Councilmember Cunniff stated this is evidence that construction costs with respect to capital construction and land acquisition for community parks need to be reevaluated. City Manager Atteberry agreed and stated that conversation will begin with the Finance Committee. Mayor Pro Tem Horak asked why this item was not on last month's Parks and Recreation Board agenda. Friesen replied both he and Craig Kisling were out of town at that time. The Board was offered the opportunity for a special session to discuss the financing issue but opted not to do so. Councilmember Campana stated Parks and Recreation Board minutes dating back to last fall included comments and discussion about the budget shortfall. Friesen agreed but stated there was not time for the Board to hear information regarding the options as presented at the Council work session. Mayor Pro Tem Horak stated he was assured at the last work session that this has been fully vetted by the Board throughout the process. This should have been discussed despite Friesen and Kisling being out of town. Councilmember Martinez asked about the ground material. Friesen replied it is engineered wood fiber, is commonly used in playgrounds and is considered an accessible surface. Councilmember Martinez stated he would like additional information regarding the accessibility of the surface. Councilmember Overbeck asked about the toxicity of the ground cover. Friesen replied poured- in-place surfacing is not being used because of its replacement cost. Some rubberized material is being used; however, it has no off-gassing properties. 1.3 Packet Pg. 46 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 60 Councilmember Campana requested additional information regarding the need for additional funding. Friesen replied cost estimates were completed throughout the design phase; however, once the project was put out for a bid, it was determined the project was over budget and the initial appropriation was not enough. Councilmember Campana encouraged staff to go back before the Parks and Recreation Board to seek an improved relationship; however, he stated he would support funding for the park. Councilmember Martinez asked about the possibility of moving a Transfort stop closer to the park. City Manager Atteberry stated that will be discussed. Councilmember Martinez asked about the ability for individuals to fly drones at the park. City Manager Atteberry replied that is prohibited in City parks and natural areas. Councilmember Overbeck asked when the Land Conservation and Stewardship Board and Natural Resources Advisory Board will look at this topic. City Manager Atteberry replied it will be presented as soon as possible in regard to Nature in the City dollars. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 094, 2016, on First Reading. Mayor Pro Tem Horak asked if the Commission on Disability has had this item before them. Friesen replied staff works with a professional consultant regarding accessibility; however, the Commission on Disability has not reviewed the project. Mayor Pro Tem Horak and Councilmember Martinez encouraged staff to present the item before the Commission. Council discussed a possible new standard for identifying appropriate boards and commissions to review various projects. Mayor Pro Tem Horak requested a memo regarding Board input prior to Second Reading. Mayor Troxell commended the park design and staff and Board work on the item. Councilmember Martinez asked if a ground breaking ceremony will occur. Friesen replied it will be August 4th. RESULT: ORDINANCE NO. 094, 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 20. Resolution 2016-057 Appointing Two City Representatives to the Larimer County Housing Affordability Working Group. (Adopted) The purpose of this item is to appoint two City representatives to serve on a working group convened by the Larimer Board of County Commissioners to pursue local, regional, and state-level solutions to make housing more affordable in Larimer County. 1.3 Packet Pg. 47 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 61 City Manager Atteberry recommended that one of the appointed members be Sue Beck-Ferkiss, Social Sustainability Specialist. Eric Sutherland discussed affordable housing and growth and development in Timnath. Mayor Troxell discussed a recent meeting regarding affordable housing which included Timnath and Fort Collins. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-057, with Councilmembers Martinez and Stephens as the representatives. Councilmember Overbeck suggested including the City's high standards in all realms in the conversations moving forward. RESULT: RESOLUTION 2016-057 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS Councilmember Campana requested a status update regarding the College and Prospect intersection. City Manager Atteberry replied he will be presenting a memo Thursday with the hope of having a decision back to Council within a month and potentially sooner. Council will be presented a series of options with tradeoffs. Councilmember Campana discussed the Land Use Code policy relating to extra occupancy and stated that option needs to be more widely publicized. Councilmember Cunniff requested staff examine the City’s open books web site for Council expenditure functionality. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the meeting past 10:30 PM to consider two motions regarding upcoming Council meetings. RESULT: MOTION TO EXTEND MEETING PAST 10:30 PM [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to cancel the August 2, 2016 Council meeting as permitted under Section 2-20 of the City Code so Councilmembers may participate in the annual Neighborhood Night Out. 1.3 Packet Pg. 48 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 19, 2016 City of Fort Collins Page 62 RESULT: AUGUST 2, 2016, REGULAR MEETING CANCELED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adjourn to 6:00 PM, Tuesday, July 26, 2016, to consider an Ordinance establishing a Midtown Improvement District and other such business as may come before the City Council. RESULT: ADJOURN TO 6:00 PM, TUESDAY, JULY 26, 2016, ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak ADJOURNMENT The meeting adjourned at 10:38 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 49 Attachment: July 19, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) City of Fort Collins Page 63 July 26, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck Staff Present: Atteberry, Daggett, Winkelmann AGENDA REVIEW City Manager Atteberry stated Item No. 1, Items Relating to the Organization of the Midtown Business Improvement District, has been withdrawn from the agenda. He recommended Council consider going into an Executive Session under Other Business prior to consider Item No. 2, First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be Held in Conjunction with the November 8, 2016 Larimer County General Election. 1. Items Relating to the Organization of the Midtown Business Improvement District. (Withdrawn) A. Resolution 2016-055 Setting for August 16, 2016, a Noticed Public Hearing for the City Council’s Consideration of an Ordinance Authorizing the Organization of the Midtown Business Improvement District. B. First Reading of Ordinance No. 095, 2016, Establishing the Midtown Business Improvement District, Appointing the Initial Members of the Board of Directors of the District, Approving the District’s Initial Operating Plan and Preliminary 2017 Budget, and Designating the Service Area of the District. The purpose of this item is the formation of a Business Improvement District (BID) within Midtown Fort Collins. The Midtown BID’s purpose is to increase commercial and economic activity within the district by focusing on promotion, placemaking, and programming. RESULT: WITHDRAWN 1. Resolution 2016-058 Accepting Advisory Opinion and Recommendation No. 2016-01 of the Ethics Review Board. (Adopted) The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its consideration and possible approval. City Attorney Daggett stated this item approves Ethics Opinion 2016-1. She reviewed the purpose of the Ethics Review Board and stated this particular process was initiated when Councilmember Campana submitted an inquiry in response to discussions among various boardmembers related to the extent to which a member of a board or commission, after having declared a conflict, may take action as a private citizen to influence the decision of his or her board. Code language states that once a conflict is declared, an individual must refrain from voting on, attempting to influence, or otherwise participating in such decision in any manner as an officer or employee. 1.4 Packet Pg. 50 Attachment: July 26, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 26, 2016 City of Fort Collins Page 64 The Ethics Review Board approved Ethics Opinion 2016-1 which was detailed by City Attorney Daggett. Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2016-058. Councilmember Campana commended the work done by the Ethics Review Board and City Attorney Daggett. He discussed the need for additional board work on language clarification. Councilmember Cunniff thanked the Board for considering his concerns and requests. City Attorney Daggett suggested language could be crafted by early September. RESULT: RESOLUTION 2016-058 ADOPTED [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck 2. First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be held in Conjunction with the November 8, 2016 Larimer County General Election. (Adopted on First Reading) The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 8, 2016 Larimer County General Election, and preserves the opportunity for Council to place Council-initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot, it would need to do so no later than at its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 8, 2016 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 8, 2016 General Election. Eric Sutherland discussed constitutional rights related to TABOR items on the ballot. Councilmember Campana requested information regarding the proper notice to the County Clerk and potential dilemma related to such notice. City Clerk Winkelmann replied she has been in discussions with County Clerk Meyers and the City will notify Larimer County via letter if the City plans to participate. If this item is adopted, a letter would be hand-delivered tomorrow, which is in advance of the 100-day requirement. City Attorney Daggett read the statutory provision which addresses the topic. Councilmember Cunniff asked why this item is an ordinance. City Attorney Daggett replied the process of calling a special election requires an ordinance. Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 097, 2016, on First Reading. 1.4 Packet Pg. 51 Attachment: July 26, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 26, 2016 City of Fort Collins Page 65 Councilmember Campana supported the placement of the item on the ballot and expressed his hope that voters will recognize the City's prudent spending. Mayor Pro Tem Horak noted staff does examine and address concerns brought to them by citizens. RESULT: ORDINANCE NO. 097. 2016, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck 3. First Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance No. 081, 2016. (Adopted on First Reading) The purpose of this item is to rescind Ordinance No. 081, 2016 (Adopted on July 19, 2016) and amend the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan. Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000 will not be further delayed pending Second Reading of this Ordinance. Kevin Gertig, Utilities Executive Director, stated this item rescinds Ordinance No. 081, 2016, adopted on Second Reading on July 19, 2016, and splits $1.46 million of efficiency funding 50/50 between the General Fund and the Light and Power Reserves. The logic behind this split relates to the sharing of City and Utilities goals for the Climate Action Plan and Energy Policy and is consistent with historical splits. Eric Sutherland discussed metrics and encouraged a data-driven approach addressing the program's success. Councilmember Cunniff stated there was an indication from many contractors that the lapse in funding halted future projects and requested additional information regarding obtaining objective metrics. John Phelan, Energy Services Manager, replied customers and contractors were notified of the wait list status approximately 6 weeks ago. Following that notification, there was a 47% decrease in the number of applications being received. Restarting the program will provide an additional data point on the rate of applications. In terms of additionality, cost effectiveness, and savings impact, discussions have begun regarding hiring a third-party consultant to provide a formal evaluation of the programs. Councilmember Campana questioned the usefulness of the statistics relating to the number of applications. Phelan agreed but noted there are few other data points regarding that issue to provide. Mayor Pro Tem Horak noted Longmont and Estes Park both changed their incentive cap number and asked how that relates to Fort Collins. Phelan replied the other cities generally do not contribute as much as Fort Collins because of differing community goals. Both cities have reduced their caps and are out of funding for the year at this point. 1.4 Packet Pg. 52 Attachment: July 26, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) July 26, 2016 City of Fort Collins Page 66 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 096, 2016, on First Reading. Councilmember Martinez commended the program but opposed the funding change stating voters should be allowed to consider the overall program. Councilmember Campana commended the work done on this topic but stated difficult decisions loom ahead regarding the Climate Action Plan. Mayor Pro Tem Horak noted this item deals primarily with an efficiency works program among Platte River Power Authority and its member cities. Councilmember Campana discussed the need to look at all initiatives collectively as part of the Plan and agreed with Councilmember Martinez' suggestion regarding the placement of the Plan on a ballot. RESULT: ORDINANCA NO. 096, 2016, ADOPTED ON FIRST READING [4 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Troxell, Cunniff, Horak NAYS: Martinez, Campana ABSENT: Overbeck OTHER BUSINESS Councilmember Cunniff received Council support to direct the City Attorney to prepare a public draft of information regarding the November TABOR election. ADJOURNMENT The meeting adjourned at 6:42 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.4 Packet Pg. 53 Attachment: July 26, 2016 (4700 : minutes-7/5, 7/12, 7/19, 7/26) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT Second Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 19, 2016, creates a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short- term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. A new rate class will be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. Staff will provide a report to Council in September 2017 after one year of implementation to compare the average monthly usage of any new 1-inch residential services installed under the new rate code adopted through this Ordinance to the usage of similar previous standard ¾-inch residential services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 085, 2016 (PDF) 2 Packet Pg. 54 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 085, 2016, Amending Sections 26-98 and 26-128 of the Code of the City of Fort Collins Regarding Fire Sprinkler Systems for Single Family Attached Homes. EXECUTIVE SUMMARY The purpose of this item is to create a new rate class to accommodate the short-term high flow rate water service demands for single family attached homes with residential fire suppression systems and to make related changes regarding water meter requirements and installation. Changes to the International Residential Code adopted by the City in 2014 increased the short-term high flow rate water service demands for single family attached homes (such as townhomes and condominiums) due to the inclusion of residential fire suppression systems. Staff is proposing that a new rate class be created in order to accommodate these demands and to make related changes regarding water meter requirements and the installation related to fire sprinkler systems for single family attached homes. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Ordinance No. 020, 2014 amended Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the purpose of adopting the 2012 International Residential Code (IRC), with Amendments. These requirements became effective August 1, 2014. This amendment requires an automatic residential fire sprinkler system in townhomes and two-family dwellings that are installed in accordance with Section P2904, NFPA 13D, or NFPA 13R. These (P2904) combination fire-suppression/potable water systems use the standard water piping to feed plumbing fixtures and the fire sprinkler heads. These systems are typically designed by the manufacturer and are sized for the water flow when two sprinkler heads are activated. Each fire sprinkler head requires 13 gallons per minute (gpm) of flow for a total demand of 26 gpm. As developers began designing and submitting projects to meet these requirements, it became apparent that the standard residential ¾-inch water service line contemplated by Code could not provide the flow necessary to meet the IRC requirements. Further investigation by Utility staff of the underlying Codes revealed that the IRC states a ¾-inch water service is not permitted due to pressure loss in the supply piping ahead of the fire sprinkler system. A 1-inch diameter residential water service or larger would be required to meet the IRC minimum requirements. The entire Water Cost of Service study is based on the service size, assuming typical flow rates. The typical Plant Investment Fee (PIF) of a standard residential ¾-inch water service is $7180. Currently, all residential water service lines are ¾-inch in diameter. A 1-inch diameter water service line is currently considered a commercial use in the Code. The PIF for a 1-inch water service line is $19,710, a significant cost increase to provide higher flow rates on a property that would only be needed extremely infrequently. ATTACHMENT 1 2.1 Packet Pg. 55 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4668 : SR 085 Residential Fire Suppression) Agenda Item 6 Item # 6 Page 2 A. Proposed Amendment to City Code Section 26-128 In order to meet this demand in a reasonable and cost effective manner, staff is recommending the creation of an additional residential rate class for 1-inch water service lines to single family attached homes required to install these residential fire suppression systems. (It would not be available as an alternate rate class for commercial properties.) This change is proposed to be effective for all PIFs due and payable on or after June 1, 2016. These residential fire suppression systems would be activated only on rare occasions and therefore should not have a measureable effect on average or total water use of a typical home. Staff is consequently not proposing any related changes to the raw water requirement (RWR) for single family attached homes using a residential 1-inch water service line, instead of a residential ¾-inch water service line. The RWR for these single family attached homes (and all residential properties) will continue to be calculated under Code Section 26-148, which does not specify meter size in calculating the RWR. B. Proposed Amendment to City Code Section 26-98 Under current Code, all residential water service lines are assumed to be ¾-inch in diameter. Staff is recommending that this section be revised to expressly identify both the ¾-inch and 1-inch residential water service line. This updated section also identifies the locations where such meters are to be located. CITY FINANCIAL IMPACTS There are some additional material costs due to the larger size; staff is recommending an additional cost to the 1-inch diameter water service PIF of $500 above that for ¾-inch diameter water service PIF. The residential fire suppression systems would be activated only on rare occasions and should not have a measureable effect on average or total water use of a typical home. The tiered water rates and surcharges for excess use will recover all actual costs if an owner overuses the connection due to its larger size. BOARD / COMMISSION RECOMMENDATION At its June 16, 2016 meeting, the Water Board expressed unanimous support to recommend to Council adoption of the changes. PUBLIC OUTREACH These changes are being driven by recognition from the development community that there was an inconsistency between various City Code sections. These proposed changes address the issues raised by the public. The items were noted on the “Agenda” notice for the June Water Board Meeting. ATTACHMENTS 1. Water Board minutes, June 16, 2016 (draft) (PDF) 2.1 Packet Pg. 56 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4668 : SR 085 Residential Fire Suppression) -1- ORDINANCE NO. 085, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 26-98 AND 26-128 OF THE CITY CODE REGARDING FIRE SPRINKLER SYSTEMS FOR SINGLE FAMILY ATTACHED HOMES WHEREAS, on February 4, 2014, City Council approved Ordinance No. 020, 2014, which, among other things, adopted the 2012 International Residential Code with amendments (“IRC”); and WHEREAS, the IRC requires automatic residential fire sprinkler systems in single family attached homes, such as townhomes, which are combination potable / fire suppression water systems that deliver water to both standard plumbing fixtures and the fire sprinklers; and WHEREAS, the standard water meter and line for water service to single family attached homes in the Fort Collins Utilities service area is currently three-quarter inch; and WHEREAS, the IRC provides that a water service line of three-quarter inch or smaller is not permitted for use in such combination potable / fire suppression water systems due to a loss of pressure in the water service line that reduces the flow rate available at the fire sprinklers; and WHEREAS, water plant investment fees (“PIFs”) in City Code are based on the size of the water service line and assume typical flow rates, which do not adequately consider the short term high flow water service needs of residential fire sprinkler systems for single family attached homes; and WHEREAS, the installation of residential fire sprinkler systems is not anticipated to increase the overall use of water in typical single family attached homes, and any increased use will be captured in existing water rates and surcharges; and WHEREAS, requiring the installation of a one-inch water service line for single family attached homes results in a significant increase of the PIF that is not justified based on the rarity with which the residential fire sprinkler systems are anticipated be used; and WHEREAS, the rates set forth herein will produce revenues sufficient to pay the cost of operation and maintenance of the City’s water utility in good repair and working order; and WHEREAS, the use of a one inch water meter and line for water service to single family attached homes in the Fort Collins Utilities service area requires changes to Code Section 26-98 regarding water meter requirements and installation; and WHEREAS, the changes to City Code set forth herein are necessary for the sound operation and management of the water utility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 2.2 Packet Pg. 57 Attachment: Ordinance No. 085, 2016 (4668 : SR 085 Residential Fire Suppression) -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 26-98 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-98. - Water meter requirements and installation. … (f) Water Meter Installations shall meet the requirements of the Utilities standard construction specifications adopted by the Utilities Executive Director. Additionally: (1) Meters shall not be installed in a crawl space. (2) Residential ¾” meters may be installed interior or exterior to the building. (3) All meter installations for meter sizes of 1” or larger shall be installed in an exterior location. (4) Modifications to the installation locations required under this Subsection (f) may be approved by the Utilities Executive Director if the Utilities Executive Director first determines that it is not practicable to meet the requirements of this Subsection (f) due to the physical configuration of the subject property. … Section 3. That Section 26-128 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-128. - Schedule C, water plant investment fees. The water plant investment fee prescribed in Section 26-120 shall be payable by users both inside and outside of the City, as follows: (1) Single-family residential buildings. For a single-family residential lot greater than one-half (½) acre in size, the lot size shall be deemed to be one-half (½) acre for the purpose of this fee calculation. For each additional tap or meters larger than one (1) inch, the nonresidential rate shall apply. a. For the first three-fourths-inch water tap or meter $720.00 b. For the first one-inch water tap or meter to accommodate residential fire suppression systems based upon the criteria established in the International Building $1,220 2.2 Packet Pg. 58 Attachment: Ordinance No. 085, 2016 (4668 : SR 085 Residential Fire Suppression) -3- Code as adopted and amended pursuant to Chapter 5 of this Code. bc. Plus, for each square foot of lot area of a lot served by either a three-fourths (3/4) inch or one (1) inch water tap or meter $0.33 (2) Residential buildings of two (2) or more dwelling units The fee will provide for one (1) tap per residential building and an adequate number of additional taps to serve common irrigable areas, if any. The number and size of taps shall be determined by the Utilities Executive Director based upon the criteria established in the International Building Code as adopted and amended pursuant to Chapter 5 of this Code. a. For each residential building unit $540.00 b. Plus, for each square foot of lot area $0.24 (3) Mobile home parks The size of the tap shall be determined by the Utilities Executive Director based upon the criteria established in the International Building Code as adopted and amended pursuant to Chapter 5 of this Code. . . . Section 4. That the modifications set forth above shall be effective for plant investment fees due and payable on or after June 1, 2016. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 59 Attachment: Ordinance No. 085, 2016 (4668 : SR 085 Residential Fire Suppression) -4- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 60 Attachment: Ordinance No. 085, 2016 (4668 : SR 085 Residential Fire Suppression) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Perrie McMillen, Restorative Justice Program Coordinator Delynn Coldiron, Neighborhood Services Manager SUBJECT Second Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget in the General Fund to the Restorative Justice Grant Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 19, 2016, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for restorative justice to the grant project, and by a $9,085 match designated in the form of office space provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the Juvenile Diversion grant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 089, 2016 (PDF) 3 Packet Pg. 61 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Perrie McMillen, Restorative Justice Program Coordinator Delynn Coldiron, Neighborhood Services Manager SUBJECT First Reading of Ordinance No. 089, 2016, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring Funds from the Community Development and Neighborhood Services Operating Budget in the General Fund to the Restorative Justice Grant Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services (CDNS). A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required match is $18,731, which is 25% of the total grant (total grant = state funds $56,182 + match $18,731). The match requirement will be met by transferring $9,646 in appropriated funds from the CDNS operating budget designated for restorative justice to the grant project, and by a $9,085 match designated in the form of office space provided by the City for grant funded services. The grant period for is July 1, 2016 to June 30, 2017. This is the third year in a 3-year cycle for the Juvenile Diversion grant. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its two programs; RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) for all other offenses, has been partially grant funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice to support Restorative Justice Services. This grant helps fund youth referred to the program from the 8th Judicial District Attorney’s Office. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,700 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. The programs help young people understand how family, friends, victim and community are harmed by their actions and hold them accountable for the harm they caused. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and keeping young people out of the justice system, both contribute positively to a safer and healthier ATTACHMENT 1 3.1 Packet Pg. 62 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4689 : SR 089 Restorative Justice) Agenda Item 5 Item # 5 Page 2 community. Addressing the needs and concerns of crime victims and community members also has a positive effect on the overall health and safety of the community. Without grant funding and the support of the City, Restorative Justice Services would not be a service available to young people and their families, crime victims, the courts, law enforcement and our community. CITY FINANCIAL IMPACTS The additional grant money in the amount of $56,192 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by transferring $9,646 appropriated as part of the Community Development and Neighborhood Services operating budget to the grant project for restorative justice and a $9,085 match designated for the Restorative Justice program office space, which is used to provide grant-funded services. ATTACHMENTS 1. RESTORE Program information (PDF) 2. RJCP Information (PDF) 3.1 Packet Pg. 63 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4689 : SR 089 Restorative Justice) -1- ORDINANCE NO. 089, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND TRANSFERRING FUNDS FROM THE COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OPERATING BUDGET IN THE GENERAL FUND TO THE RESTORATIVE JUSTICE GRANT PROJECT WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Community Development and Neighborhood Services (“CDNS”) a grant in the amount of $56,192 for salaries associated with the continued operation of the Restorative Justice Program (the “Program”); and WHEREAS, the Program is an alternative method to the traditional criminal justice system, providing services to more than 2,700 young people who committed chargeable offenses in the community; and WHEREAS, the Program facilitates a meeting with the young offender, the victim, and community members to discuss the harm caused by the young offender and to find meaningful ways for the young person to repair that harm; and WHEREAS, the grant period for this award is from July 1, 2016 to June 30, 2017; and WHEREAS, the grant requires a 25% grant match of $18,731 where the City’s cash match of $9,646 will come from the CDNS operating budget for Restorative Justice and the remaining $9,085 match requirement will come from the City in the form of office space provided for the grant funded services; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Colorado Division of Criminal Justice grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by Ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. 3.2 Packet Pg. 64 Attachment: Ordinance No. 089, 2016 (4689 : SR 089 Restorative Justice) -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 there is hereby appropriated from unanticipated revenue in the General Fund the sum of FIFTY SIX THOUSAND ONE HUNDRED NINETY TWO DOLLARS ($56,192) for expenditure in the General Fund for continuation of the Restorative Justice Program. Section 3. That the unexpended appropriated amount of NINE THOUSAND SIX HUNDRED FORTY SIX DOLLARS ($9,646) is hereby authorized for transfer from the Community Development and Neighborhood Services operating budget in the General Fund to the grant project for Restorative Justice Services and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 65 Attachment: Ordinance No. 089, 2016 (4689 : SR 089 Restorative Justice) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Second Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 19, 2016, annexes 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the next item on this Agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 090, 2016 (PDF) 4 Packet Pg. 66 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Items Relating to the Majestic Place Annexation. EXECUTIVE SUMMARY A. Resolution 2016-051 Setting Forth Findings of Fact and Determinations Regarding the Majestic Place Annexation. B. Public Hearing and First Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. 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 the Ordinance on First Reading. BACKGROUND / DISCUSSION Annexing this 19.93 acre parcel does not create an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its June 9, 2016, regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the U-E, Urban Estate zone district. (Attachment 5) PUBLIC OUTREACH 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 completed. ATTACHMENT 1 4.1 Packet Pg. 67 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4688 : SR 090 Majestic Place Annexation) Agenda Item 7 Item # 7 Page 2 ATTACHMENTS 1. Vicinity map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation petition (PDF) 5. Planning and Zoning Board minutes, June 9, 2016 (draft) (PDF) 4.1 Packet Pg. 68 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4688 : SR 090 Majestic Place Annexation) -1- ORDINANCE NO. 090, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAJESTIC PLACE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-046 finding substantial compliance and initiating annexation proceedings for the Majestic Place Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-051 setting forth findings of fact and determinations regarding the Majestic Place 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 2016-046 and Resolution 2016-051 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 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; 4.2 Packet Pg. 69 Attachment: Ordinance No. 090, 2016 (4688 : SR 090 Majestic Place Annexation) -2- 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 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 is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Majestic Place 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. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 70 Attachment: Ordinance No. 090, 2016 (4688 : SR 090 Majestic Place Annexation) -3- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.2 Packet Pg. 71 Attachment: Ordinance No. 090, 2016 (4688 : SR 090 Majestic Place Annexation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Second Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Majestic Place Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY 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. This Ordinance, unanimously adopted on First Reading on July 19, 2016, zones the property included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (PDF) 2. Ordinance No. 091, 2016 (PDF) 5 Packet Pg. 72 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Public Hearing and First Reading of Ordinance No. 091, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Majestic Place Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY 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. The purpose of this item is to zone the property included in the Majestic Place Annexation, located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road), into the Urban Estate zone district. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation is U-E Urban Estate, which conforms with the City Structure Plan and the land use framework in the Fossil Creek Reservoir Area Plan. Context The surrounding zoning and land uses are as follows: N: LMN & U-E in the City of Fort Collins; Single-family Residential & Goddard School E: FA1 - Farming in Larimer County; Single-family Residential S: FA1 - Farming in Larimer County; Single-family Residential W: U-E in the City of Fort Collins; Fort Collins Colorado Temple (The Church of Jesus Christ of Latter-day Saints) Zoning The proposed zoning for the subject annexation is U-E Urban Estate. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed zoning. ATTACHMENT 1 5.1 Packet Pg. 73 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4687 : SR 091 Majestic Place Zoning) Agenda Item 8 Item # 8 Page 2 BOARD / COMMISSION RECOMMENDATION At its June 9, 2016, regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the U-E, Urban Estate zone district. PUBLIC OUTREACH 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 completed. ATTACHMENTS 1. Zoning map (PDF) 5.1 Packet Pg. 74 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4687 : SR 091 Majestic Place Zoning) -1- ORDINANCE NO. 091, 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 MAJESTIC PLACE 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 Majestic Plance 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 criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property described below, finds it to be in the best interests of the City, 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 Majestic Place 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 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: 5.2 Packet Pg. 75 Attachment: Ordinance No. 091, 2016 (4687 : SR 091 Majestic Place Zoning) -2- 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 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 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. 5.2 Packet Pg. 76 Attachment: Ordinance No. 091, 2016 (4687 : SR 091 Majestic Place Zoning) -3- Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 77 Attachment: Ordinance No. 091, 2016 (4687 : SR 091 Majestic Place Zoning) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Helen Matson, Real Estate Services Manager Jason Licon, Airport Director SUBJECT Second Reading of Ordinance No. 092, 2016, Authorizing the Conveyance of a Permanent Utility Easement and a Temporary Construction Easement on City Property at the Northern Colorado Regional Airport to the City of Loveland. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 19, 2016, authorizes the conveyance of a permanent utility easement and a temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport. The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction easement is along the easement on County Road 30. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (PDF) 2. Ordinance No. 092, 2016 (PDF) 6 Packet Pg. 78 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Helen Matson, Real Estate Services Manager Jason Licon, Airport Director SUBJECT First Reading of Ordinance No. 092, 2016, Authorizing the Conveyance of a Permanent Utility Easement and a Temporary Construction Easement on City Property at the Northern Colorado Regional Airport to the City of Loveland. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of a permanent utility easement and a temporary construction easement to the City of Loveland at the Northern Colorado Regional Airport. The City of Fort Collins and the City of Loveland each own a 50% interest in the Airport property. The City of Loveland is extending its electrical service to this area. The proposed permanent easement area borders Boyd Lake Avenue and County Road 30 and the temporary construction easement is along the easement on County Road 30. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins and the City of Loveland jointly own the property known as the Northern Colorado Regional Airport. The City of Loveland is planning to install an underground electrical utility line from its Crossroads Substation on Boyd Lake Road heading north to County Road 30. At County Road 30, its plan is to take the underground utility line east to Interstate 25. The new underground utility service is being done to serve the growing development in the area. Normally these utilities would be placed in the road right-of-way; however, neither Boyd Lake Avenue nor County Road 30 has been built to their ultimate widths. Until the roads are built to their ultimate widths, utilities need to be placed in privately owned property. Due to this, Loveland has requested an underground utility easement from the City of Fort Collins along both Boyd Lake Road and County Road 30, on the Airport property. In addition, the City of Loveland is requesting a 6-foot temporary construction easement on the south side of the easement that is proposed to run along County Road 30. CITY FINANCIAL IMPACTS In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. The estimated market value of the City's 50% ownership in the requested easements is $21,200. The installation of this underground electrical line benefits the City in many ways. Currently the area electrical is provided by overhead utility lines. The new line will be placed underground and the existing poles that are no longer needed will be removed. The location of the poles to be removed are in the area of the flight way. It ATTACHMENT 1 6.1 Packet Pg. 79 Attachment: First Reading Agenda Item Summary, July 19, 2016 (4692 : SR 092 Airport Easement) Agenda Item 9 Item # 9 Page 2 has been a policy of the City to have utility service changed to underground and as many poles removed as possible. The new underground electric service will improve reliability of the power service in the area. The Airport receives its power from the City of Loveland. This new service will provide a loop back to the Airport to improve redundant service to the Airport and will improve the ability to improve our distribution system in the future. This will be a benefit to the citizens of Fort Collins. The City of Loveland will be responsible for all costs of installing the underground utility lines and will continue to be responsible for all future maintenance and repair of the line. Along with these responsibilities the City of Loveland will be responsible to restore the temporary construction easement to a condition similar as when granted. ATTACHMENTS 1. Location map (PDF) 6.1 Packet Pg. 80 Attachment: First Reading Agenda Item Summary, July 19, 2016 (4692 : SR 092 Airport Easement) -1- ORDINANCE NO. 092, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT TO THE CITY OF LOVELAND WHEREAS, the City of Fort Collins and the City of Loveland (“Loveland”) jointly own property located in Loveland known as the Northern Colorado Regional Airport (the “Property”); and WHEREAS, Loveland plans to install a new underground electrical line to serve development in the area of the Property, and wishes to place the line in a new easement on the Property adjacent to both Boyd Lake Road and County Road 30; and WHEREAS, the location of the proposed easement is described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, Loveland is also requesting a temporary construction easement adjacent to the Easement along County Road 30, as described and shown on pages 4 through 6 of Exhibit A (the “TCE”); and WHEREAS, the approximate fair market value of the City’s 50% ownership interest in the Easement and TCE areas is $21,200; and WHEREAS, staff is recommending that the City not charge Loveland for the Easement and TCE as the conveyance of these interests serves a bona fide public purpose under Section 23-114 of the City Code because: The use to which the Easement will be put promotes safety and general welfare and benefits the citizens of Fort Collins by (1) allowing existing overhead lines and power poles to be removed from the Property so they will no longer be in the flight way; and (2) providing options for the Airport to improve its electrical service in the future; The Council supports the undergrounding of electric utilities through adoption of the Electric Service Standards and annual appropriation of funds for the undergrounding of City utilities, and the use to which the Easement will be put supports this City Council policy; The financial support provided by the City through the below-market disposition of the Easement and TCE will be leveraged by Loveland with other funding or assistance; The conveyance of the Easement and TCE will not result in any direct financial benefit to any private person or entity; and 6.2 Packet Pg. 81 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) -2- Conveying the Easement and TCE for less than fair market value will not interfere with current City projects or programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities; 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 Easement and TCE to Loveland as provided herein serves a bona fide public purpose and is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement and TCE to Loveland on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easement or TCE, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 82 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) -3- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 6.2 Packet Pg. 83 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) 6.2 Packet Pg. 84 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) 6.2 Packet Pg. 85 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) 6.2 Packet Pg. 86 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) 6.2 Packet Pg. 87 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) 6.2 Packet Pg. 88 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) 6.2 Packet Pg. 89 Attachment: Ordinance No. 092, 2016 (4692 : SR 092 Airport Easement) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Wendy Williams, Assistant City Manager SUBJECT Second Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible Personal Property. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 19, 2016, amends the City Code to eliminate the current provisions pertaining to disposition of tangible personal property and replace with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility will be governed by administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification documents, financial transaction devices, computers or electronic items that store personal identification information will be governed by Fort Collins Police Services Standard Operating Procedures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (PDF) 2. Proposed Administrative Policy (PDF) 3. Ordinance No. 093, 2016 (PDF) 7 Packet Pg. 90 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Wendy Williams, Assistant City Manager SUBJECT First Reading of Ordinance No. 093, 2016, Amending the City Code Pertaining to the Disposition of Tangible Personal Property. EXECUTIVE SUMMARY The purpose of this item is to amend the City Code to eliminate the current provisions pertaining to disposition of tangible personal property and replace with a reference to administrative procedures. The disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility will be governed by administrative policies adopted by the City Manager and on file in the City Clerk’s Office. The disposition of firearms, illegal property, identification documents, financial transaction devices, computers or electronic items that store personal identification information will be governed by Fort Collins Police Services Standard Operating Procedures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This amendment to the City Code is intended to provide a practical and consistent approach to disposing of lost, abandoned, unclaimed or unattended tangible personal property. The volume of abandoned, unclaimed or unattended items left within City natural areas, parks, trails, and other outdoor City property has increased significantly over the last few years. This type of property typically includes sleeping bags, clothing, backpacks, tents and other items. By virtue of the property’s exposure to the elements, these articles frequently become deteriorated to the point they are no longer of value or utility. The resulting workload from the collection of such property is rapidly exceeding City staff’s ability to safely and effectively handle the items as current City Code provision requires that the material be inventoried and logged into Police Services’ property and evidence system for a thirty (30) day holding period followed by a ten (10) day publication period. This handling, transport and storage is complicated when these items are soiled with bodily fluids, saturated from precipitation, or contain broken glass, hypodermic needles, or other hazardous material. Likewise, this material left uncollected presents a public safety risk and is incompatible with the City’s responsibility of maintaining public property in a clean and safe condition. An administrative policy provides the flexibility of being able to make changes if and when needed to address any unanticipated issues. The proposed administrative policy states that: Trash, perishable or hazardous property will be disposed of or destroyed immediately. Property will be tagged at the site with a notice that property must be removed no later than 72 hours after date and time posted. Tagging requirement will not apply to single items left abandoned, unclaimed, or unattended. Unclaimed property will be evaluated for value or utility. Property determined to have little or no apparent value or utility will be removed and destroyed. ATTACHMENT 1 7.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4690 : SR 093 Personal Tangible Property) Agenda Item 18 Item # 18 Page 2 Property determined to have apparent value or utility will be removed and stored at the Fort Collins Parks Maintenance Office (Park Shop) for 30 days. Owner may contact the Park Shop to make an appointment to reclaim items removed by the City. Items unclaimed after 30 days will be handled in accordance with Purchasing policies. At this time, it is expected that these materials will be provided to a non-profit organization (currently expected to be Homeless Gear) to support a local program that enables residents to have equal access to clothing, gear and other types of personal property to address their basic human rights and needs. Owner may request an administrative review of the destruction or disposal of property. ENVIRONMENTAL IMPACTS Replacing the City Code provisions with an administrative policy will make it easier to remove abandoned, unclaimed or unattended items from City property. Cleanup of this material will include the removal of hazardous waste associated with drug and alcohol abuse, disposal of clothing, sleeping bags and other material with bodily waste, rodent droppings, and other factors that raise human health considerations. Cleaned sites will improve aesthetics and safety for lawful users of natural areas, parks, and trails. Finally, long-term reduction of deteriorated items throughout our public spaces will reduce exposure of hazardous material to City cleanup crews. While the amount of waste going to the landfill will increase, this is preferable to personal property being left to deteriorate in Natural Areas and Parks. SOCIAL IMPACTS Prior outreach to stakeholders regarding proposed changes to Section 23-130 identified several concerns which have been addressed in the proposed administrative policy. Property will be tagged for 72 hours before removal. Tangible personal property will be removed and held for 30 days at a site where owners are more likely to feel comfortable claiming their property. Involvement by a non-profit organization will result in the distribution of lost, abandoned, unclaimed or unattended items to residents in need of such property. CITY FINANCIAL IMPACTS No significant City financial impacts are expected. BOARD / COMMISSION RECOMMENDATION The current Code provisions which pertain to the disposition of tangible personal property were reviewed at the February 18 Super Board meeting. The key components of the proposed Administrative Policy were also presented, with no concerns expressed. PUBLIC OUTREACH Feedback was sought from the primary service providers in the City, including the Fort Collins Homeless Coalition, Homeward 2020, Homeless Gear and the Murphy Center to an earlier proposal to modify Section 23-130, Disposition of lost, abandoned or other unclaimed property. ATTACHMENTS 1. Proposed Administrative Policy (PDF) 2. Powerpoint presentation (PDF) 7.1 Packet Pg. 92 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4690 : SR 093 Personal Tangible Property) -1- 2.9 Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property A. Definition. Tangible property shall mean corporeal personal property of any kind that can be seen, weighed, measured, felt, or touched, or is in any other way perceptible to the senses, but excluding the property defined in City Code Section 23-132 (Chapter 23, Article IV, Division 3, Section 23-125). This definition shall apply to Sections 2.9, 2.10 and 2.11 of these policies. B. Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property within a Natural Area, Park, Trail or other outdoor City property. (1) Property Must be Noticed a) With the exceptions of trash, perishable or hazardous property, currency, and as provided in 2.9C and 2.10 of the City Manager’s Policies, all lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail or other outdoor City property, by a peace officer or specially commissioned officer of the City, or his or her designee(s) (hereafter referred to as “Officer”), shall be tagged with a notice (both in English and Spanish) at the site of the property not less than seventy-two (72) hours before removal, which states the following: i. That the property must be removed not later than the date and time posted (seventy-two hours from posting) pursuant to administrative policies adopted by the City Manager and on file in the office of the City Clerk; ii. That unremoved items of little apparent value or utility will be destroyed or otherwise disposed of; and iii. That the owner may contact the Fort Collins Parks Maintenance Office (Park Shop) between 8:00 a.m. & 3:30 p.m. Monday thru Friday at given phone numbers to make an appointment to reclaim items of value or utility that are removed by the City. (2) Property Must be Evaluated for Value or Utility a) All lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail or other outdoor City property shall be evaluated for value or utility. In making the determination regarding value or utility, an Officer shall consider the following factors: ATTACHMENT 2 7.2 Packet Pg. 93 Attachment: Proposed Administrative Policy (4690 : SR 093 Personal Tangible Property) -2- i. The apparent condition of the property, including, but not limited to, whether it is damp, soiled, moldy, infested, or in a state of substantial disrepair, and its apparent ability to serve its intended purpose in its current condition; and ii. The material of which the property is made or constructed; and iii. Whether the property would have significant marketable value in its current condition; and iv. The degree to which the property is protected from or exposed to the elements of nature and therefore susceptible to damage or deterioration; and v. Whether the property could reasonably appear to have personal value to the owner for sentimental or business purposes, such as photos, documents of identification, letters, or other written materials; and vi. Any other factors apparent to the Officer which would have an impact on its value or utility. b) If the material is other than currency, firearms, illegal property, identification document, financial transaction device or computer or electronic item that stores personal identification information, and is reasonably determined by an Officer to be of apparent value or utility, it will be removed following a posting of notice in the form described above, and stored at The Fort Collins Parks Maintenance Office (Park Shop) for thirty (30) days. Currency, firearms, illegal property, identification document, financial transaction device or computer or electronic item that stores personal identification information will be processed in the manner described at 2.12 of the City Manager’s Policies. (3) Property Determined to be of Little or No Apparent Value or Utility a) Lost, abandoned, unclaimed, or unattended personal property of little or no apparent value or utility, as reasonably determined by an Officer, that is found upon and within a City natural area, park, trail or other outdoor City property may be removed and destroyed or otherwise disposed if it has been determined that: i. No person is within the immediate vicinity of such property at the time the Officer discovers such property and the Officer has posted notice as indicated above; or 7.2 Packet Pg. 94 Attachment: Proposed Administrative Policy (4690 : SR 093 Personal Tangible Property) -3- ii. A person claiming ownership of the property is within the immediate vicinity of such property, and fails to remove all of his or her property within seventy-two hours after posting of the notice above; or iii. Identifying contact information is readily apparent at the site of the property and the Officer has attempted to, but has not been successful in, contacting the property owner to obtain removal of the property. (4) Trash If the material is reasonably determined by an Officer to constitute trash, it will be destroyed or disposed of immediately without notice or hearing. Trash shall mean material that is worthless, useless, or constitutes litter, and includes, but is not limited to, used food containers, soiled food, plastic or paper bags, destroyed objects, broken pieces of objects, debris, pieces of paper dropped on the ground, and similar detritus. (5) Perishable or Hazardous Property If the material is reasonably determined by an Officer, to constitute perishable or hazardous property, it will be immediately destroyed or disposed of without notice or hearing. Perishable or Hazardous property shall include consumable substances and other materials of a nature subject to decay, environmental contamination, or otherwise deemed inadvisable to retain for public health and safety reasons. C. Single Items of Tangible Personal Property Left Abandoned, Unclaimed or Unattended in a Natural Area, Park, Trail or Other Outdoor City Property. Except as otherwise provided in Section 2.10, single items of tangible personal property left abandoned, unclaimed or unattended in a natural area, park, trail or other outdoor City property will be handled as follows: (1) Trash, perishable or hazardous property will be disposed of or destroyed immediately. (2) Unclaimed property will be evaluated for value or utility. (3) Property determined to have little or no apparent value or utility will be removed and destroyed. (4) Property determined to have value or utility will be taken directly to the Fort Collins Parks Maintenance Office (Park Shop), and then shall be used or disposed of as determined by the Purchasing Agent. 7.2 Packet Pg. 95 Attachment: Proposed Administrative Policy (4690 : SR 093 Personal Tangible Property) -4- 2.10. Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property within or on the grounds of a City Facility Lost, abandoned, or unclaimed personal property within or on the grounds of a City facility, owned or operated by the City shall be handled as follows: (1) Trash, perishable or hazardous property will be disposed of or destroyed immediately. (2) Unclaimed property will be evaluated for value or utility. (3) Property determined to have little or no apparent value or utility will be removed and destroyed. (4) Property determined to have apparent value or utility will be stored on site for 30 days. (5) Items unclaimed after 30 days will be taken to the Fort Collins Parks Maintenance Office (Park Shop), and then shall be used or disposed of as determined by the Purchasing Agent. 2.11 Administrative Review (1) Administrative review of the destruction or disposal of any property under Sections 2.9 and 2.10 and review of any request for reasonable compensation in connection with the same shall be as provided in this Subsection. a) To request a hearing to review the decision regarding the destruction or disposal of property and to request reasonable compensation, the owner of the property must notify, in writing, the City Manager’s Office within thirty (30) days of destruction or disposal. b) Except as agreed by the requesting party, any requested hearing must take place within thirty (30) days of receipt by the City of the request for hearing. The hearing officer may be an independent contractor to the City or any employee or officer of the City appointed as the hearing officer by the City Manager’s Office, so long as such appointee was not involved in the removal, destruction, or disposal of the property at issue. c) The hearing decision may be appealed in accordance with Colorado law. d) A request for a hearing by said property owner as provided in this Section shall not constitute a written notice of injury as defined in §24-10-109, Colorado Revised Statutes. 2.12 Firearm, Illegal Property, Identification Document, Financial Transaction Device Or Computer Or Electronic Item That Stores Personal Identification Information 7.2 Packet Pg. 96 Attachment: Proposed Administrative Policy (4690 : SR 093 Personal Tangible Property) -5- Any firearm, illegal property, identification document, financial transaction device or computer or electronic items that stores personal identification information that is found upon and within a City natural area, park, trail or other outdoor City property or within a City facility shall be immediately turned over to Fort Collins Police Services. 7.2 Packet Pg. 97 Attachment: Proposed Administrative Policy (4690 : SR 093 Personal Tangible Property) -1- ORDINANCE NO. 093, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY CODE PERTAINING TO THE DISPOSITION OF TANGIBLE PERSONAL PROPERTY WHEREAS, City Code provisions currently require tangible personal property, regardless of its value or utility, to be inventoried and logged into Police Services’ property and evidence system for a thirty-day holding period followed by a ten-day publication period; and WHEREAS, the handling, transport and storage of such property often times creates a public safety risk and is incompatible with the City’s responsibility to maintaining public property in a clean and safe condition when the property is soiled with bodily fluids, saturated from precipitation, contains broken glass, hypodermic needles or other hazardous materials; and WHEREAS, over the years, City staff has been experiencing an environment in which it is becoming impractical to comply with the current City Code provisions due to both the type of tangible personal property and the ever-increasing volume of such property; and WHEREAS, City staff has identified a benefit in establishing administrative procedures in lieu of the City Code provision to govern tangible personal property in order to allow more administrative flexibility to adjust the procedures; and WHEREAS, City staff has formulated administrative procedures pertaining to the disposition of lost, abandoned, unclaimed or unattended tangible personal property found within a natural area, park, trail, other outdoor City property, and within a City facility to provide a practical, flexible, consistent, and updated approach, including evaluating the property for value or utility, and to dispose of tangible personal property in compliance with constitutional due process requirements; and WHEREAS, these administrative procedures will be approved by the City Manager and remain on file in the Office of the City Clerk; and WHEREAS, staff recommends eliminating the current provisions in the City Code pertaining to the disposition of tangible personal property so that the City Manager’s administrative procedures will consistently govern all City department processes concerning tangible personal property; and WHEREAS, for these reasons, the City Council believes that these amendments to the City Code are in the best interests of the citizens of Fort Collins. 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. 7.3 Packet Pg. 98 Attachment: Ordinance No. 093, 2016 (4690 : SR 093 Personal Tangible Property) -2- Section 2. That the title of Chapter 23, Article IV, Division 3 of the Code of the City of Fort Collins is hereby amended to read as follows: Division 3 Tangible Personal Property Section 3. That Chapter 23, Article IV, Division 3 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 23-125 which reads in its entirety as follows: Sec. 23-125. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section. Tangible property shall mean corporeal personal property of any kind that can be seen, weighed, measured, felt, or touched, or is in any other way perceptible to the senses, but excluding the property defined in City Code Section 23-132. Section 4. That Section 23-126 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-126. - Surplus and obsolete tangible property; definition. All items of surplus and obsolete tangible property owned by the City shall be disposed of at the discretion of the Purchasing Agent according to established administrative procedures approved by the City Manager and on file in the office of the City Clerk. Such procedures shall be designed so as to recover the market value of the disposed of property except where the administrative cost is expected to exceed the recoverable value or otherwise in accordance with rules, regulations, and policies of the Purchasing Agent. Surplus and obsolete tangible property shall mean all items of tangible property previously purchased by the City or converted to City use which in the judgment of the Purchasing Agent are no longer useful or necessary for the efficient administration of City affairs. Section 5. That Section 23-127 of the Code of the City of Fort Collins is hereby deleted in its entirety: Section 6. That Section 23-128 of the Code of the City of Fort Collins is hereby deleted in its entirety: Section 7. That Section 23-129 of the Code of the City of Fort Collins is hereby deleted in its entirety: Section 8. That Section 23-130 of the Code of the City of Fort Collins is hereby amended to read as follows: 7.3 Packet Pg. 99 Attachment: Ordinance No. 093, 2016 (4690 : SR 093 Personal Tangible Property) -3- Sec. 23-127. - Disposition of lost, abandoned or other unclaimed tangible property. Except as otherwise specifically provided for by law or ordinance, any tangible property seized or otherwise obtained by the City may be disposed of in accordance with administrative policies adopted by the City Manager and on file in the office of the City Clerk. Such policies shall provide reasonable notice of any proceedings and an opportunity to be heard prior to the disposal of any tangible property. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.3 Packet Pg. 100 Attachment: Ordinance No. 093, 2016 (4690 : SR 093 Personal Tangible Property) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Kurt Friesen, Director of Park Planning & Development Craig Kisling, Landscape Architect SUBJECT Second Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and Facilities Fund for the Art in Public Places Program for the Southeast Community Park. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 19, 2016, appropriates funds for the Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An additional appropriation is needed to fully fund the park as designed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION During First Reading on July 19, 2016, City Council requested information on the following items: 1. McClelland Creek Prioritization within the Stormwater Stream Rehabilitation Program The stretch of McClelland Creek through Southeast Community Park along with the recently completed restored stretch downstream at Radiant Park is not part of the current Stormwater prioritization list. These projects were already underway when the prioritization was prepared, so were not included in the prioritization list. 2. Playground Accessibility On Aug. 1 2016, Councilmember Ray Martinez, Assistant City Manager Wendy Williams, and Kurt Friesen, Director of Park Planning and Development, discussed the handicap accessible attributes of the playground in more detail, then visited Northside Aztlan Center and Soft Gold Park to review safety surfacing options proposed at the Park, including bonded shredded rubber and engineered wood fiber. 3. Bus Stop at Southeast Community Park Southeast Community Park will be served by Transfort Route 16. There are two bus stops less than 1/2 mile from the Park. The first is located on Rock Creek Drive, just east of Ziegler Road and is 1/3 mile from the Park; the second is also on Rock Creek Drive, located just north of Fossil Ridge High School. Presently there are no plans to extend the bus route south on Ziegler to the new Park entrance. A map of the bus stops is provided as Attachment 2. 8 Packet Pg. 101 Agenda Item 8 Item # 8 Page 2 4. Parks and Recreation Board Review A letter of support for the project provided from the Parks and Recreation Board is provided as Attachment 3. 5. Commission on Disability Board Review City staff is scheduled to meet with the Commission on Disability on September 8th to review the project in more detail. 6. Nature in the City - Land Conservation and Stewardship Board and Natural Resources Advisory Board Review Nature in the City representatives are scheduled to review the Nature in the City proposal for Southeast Community Park with the Land Conservation and Stewardship Board on Wednesday, August 10 and the Natural Resources Advisory Board on Wednesday, August 17. ATTACHMENTS 1. First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (PDF) 2. Bus Stop Locations near SECP (PDF) 3. Parks and Recreation Board Letter of Support (PDF) 4. Ordinance No. 094, 2016 (PDF) 8 Packet Pg. 102 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Craig Kisling, Landscape Architect Kurt Friesen, Director of Park Planning & Development SUBJECT First Reading of Ordinance No. 094, 2016, Appropriating Prior Year Reserves in the Capital Expansion Fund for Transfer to the Capital Projects Fund and the Cultural Services and Facilities Fund for the Art in Public Places Program for the Southeast Community Park. EXECUTIVE SUMMARY The purpose of this item is to request appropriations for the Southeast Community Park Project in the amount of $1.6M from the Community Parkland Capital Expansion Reserves. The park is currently under construction and scheduled to open in 2017. An additional appropriation is needed to fully fund the park as designed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Southeast Community Park is a new park in southeast Fort Collins that is currently under construction and scheduled to open in summer 2017. There is currently a shortfall of $1,638,000 needed to fully fund park construction. There is approximately $2.8M available in Community Parkland Capital Expansion Reserves, which is sufficient to fund the shortfall. The sources of these funds are community park impact fees which can only be used to fund community park design and construction. An appropriation of $1,638,000 from the Community Parkland Capital Expansion Reserves will fully fund the park as designed. To comply with the City’s Art in Public Places (APP) ordinance, one percent of the project funds appropriated by this Ordinance will be transferred to the Cultural Services and Facilities Fund. A funding summary of the project is provided: Total Spent to Date (Tennis Courts, Pond, Streets, Design) $4,000,000 New Construction $10,500,000 Permit/Fees $838,000 Contingency (8%) $780,000 Total $16,118,000 Funding Available $10,000,000 Nature in the City Contribution $100,000 Stormwater Stream Rehabilitation Program $380,000 Funding Shortfall $1,638,000 Art in Public Places Contribution $16,380 Total Funding Request $1,654,380 ATTACHMENT 1 8.1 Packet Pg. 103 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4691 : SR 094 Southeast Community Park) Agenda Item 19 Item # 19 Page 2 The following chart outlines the individual cost of park elements to be funded with this request: Park Element Cost Back Porch, Harvest Room and Orchard $405,000 Ballfield Restroom $386,000 Sports Field Lighting $326,000 Community Garden $63,000 Basketball Court $49,000 Dog Park $42,000 Orchard Trellis Structure $34,000 Hops Trellis $28,000 Concrete Band at Coulees $27,000 Gabion Seat Walls $18,000 The park design was presented to Council at the June 28, 2016 Work Session. At this meeting, several concerns and questions were raised. Responses to these issues are provided below: Creek Play Area Design The creek play area is designed as a place where visitors can safely access and play in McClelland Creek. The creek is a popular place for play today, with numerous rope swings fabricated by residents. In its current state, McClelland Creek is approximately 3’ wide, with many instances of steep slopes and eroding banks. In order to stabilize the eroding banks, the slopes of the creek banks will be laid back with additional plantings provided for stabilization. The restoration of the creek banks are being designed and funded through the Stormwater Stream Rehabilitation Program. A similar restoration effort was completed at Radiant Park in 2013. Meandering crushed stone paths lead visitors down to the creek play area. Sandstone blocks steps, and low walls are provided at the edges of the banks to provide places to sit and play. A concrete ramp provides safe entry into the creek. The width of the creek in the creek play area is approximately 24’ wide. The bottom of the creek play area is surfaced with a textured concrete that provides a non-slip surface for wading in the water and reduce erosion. Water depth is approximately 6”. There is a sand beach play area on the north side of the creek and in the island. Reclaimed logs from the site provide bridges for crossing the creek in several places. Trees and vegetation envelop the creek play area. Handicap Accessibility The park is designed to provide handicap accessibility to every major element within the park, including the shelter, restrooms, harvest room, orchard, back porch, ball fields, creek play, community garden, multi-purpose fields, basketball court, BMX course and trails throughout the park. The playground is designed to provide accessible play elements that comply or exceed requirements of the American Disabilities Act (ADA). Within the play barn and silo structures, there are a total of 28 elevated play events provided. Of those 28, 23 are accessible by either transfer steps or ramp. In addition to the elevated play elements, there are 18 ground level events that are accessible. As shown in the chart below, these totals far exceed what is required by the ADA. Southeast Community Park Playground Accessibility Provided Required Total # of Elevated Play Components 28 - Total Events Accessible via Transfer Steps 15 8 8.1 Packet Pg. 104 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4691 : SR 094 Southeast Community Park) Agenda Item 19 Item # 19 Page 3 Provided Required Total Events Accessible via Ramp 8 8 Total Accessible Ground Level Events 18 9 Different Types of Ground Level Events 12 5 Rationale for Nature in the City Funding Nature in the City’s (NIC) 2016 capital budget is $200,000. Thus, the proposed $100,000 investment in the Southeast Community Park represents 50% of the 2016 capital budget. The creek play area represents an opportunity to meet many of the programmatic goals of NIC such as access to nature and encouraging native wildlife (in this case reintroduced native fish). From staff’s perspective, the play area represents a high leverage investment given the adjoining investments in public infrastructure and an expected high level of public use. Staff currently are exploring and pursuing numerous other NIC opportunities with public and private partners throughout the community Lee Martinez Park Raw Water Funds Based on Council input at the June 28 Work Session, the $300,000 appropriated for raw water conversion at Lee Martinez Park will not be used for raw water purchase at Southeast Community Park. Instead, other improvements to existing community parks will be considered. Council Involvement in Future Community Parks At the June 28 Work Session, Council expressed interest in more involvement during the design process for community parks. More discussion needs to occur on this topic, likely at the time the Parks & Recreation Plan will be updated, currently scheduled for 2019. CITY FINANCIAL IMPACTS The sources and amounts of the appropriation request are as follows: Community Park Capital Expansion Reserves $1,638,000 Transfer to Cultural Services and Facilities Fund $ 16,380 Total $1,654,380 City staff recommends approval of a project shortfall appropriation in the amount of $1,638,000. Use of existing Community Parkland Capital Expansion Reserves will shift available funding to an ongoing project with an imminent need. These funds are intended for community park construction purposes and will be applied to satisfy that purpose at the Southeast Community Park Project. BOARD / COMMISSION RECOMMENDATION The Parks and Recreation Board has reviewed the Southeast Community Park concept, along with staff recommendations to address community concerns, and supports the overall park design. The Board has not reviewed the proposed funding approach for the project. PUBLIC OUTREACH Four community meetings were conducted over the life of the project to gather resident feedback on the Southeast Community Park design. An online survey was prepared for citizens to provide input. The park concept was revised considerably based on citizen feedback to address concerns of light spill into adjacent neighborhood and traffic congestion. Following these changes, the park has been well received and eagerly anticipated by residents. 8.1 Packet Pg. 105 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4691 : SR 094 Southeast Community Park) Agenda Item 19 Item # 19 Page 4 ATTACHMENTS 1. Powerpoint presentation (PDF) 8.1 Packet Pg. 106 Attachment: First Reading Agenda Item Summary, July 19, 2016 (w/o attachments) (4691 : SR 094 Southeast Community Park) Southeast Community Park Bus Stop Locations ATTACHMENT 2 8.2 Packet Pg. 107 Attachment: Bus Stop Locations near SECP (4691 : SR 094 Southeast Community Park) Parks & Recreation Board PO Box 580 Fort Collins, CO 80522 2016-2017 Chair – Scott Sinn August 3, 2016 To Mayor and City Council, On July 27, 2016, the Fort Collins Parks and Recreation Board supported the appropriation of $1.6 million from prior year reserves in the capital expansion fund for transfer to the capital projects fund and the cultural services and facilities fund for the art in public places program for the Southeast Community Park by a vote of 8-1. Regards, Scott Sinn Chair, Fort Collins Parks & Recreation Board ATTACHMENT 3 8.3 Packet Pg. 108 Attachment: Parks and Recreation Board Letter of Support (4691 : SR 094 Southeast Community Park) -1- ORDINANCE NO. 094, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE CAPITAL EXPANSION FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND AND THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM FOR THE SOUTHEAST COMMUNITY PARK WHEREAS, in order to construct the Southeast Community Project (the “Project”) as designed and on the current schedule, staff has identified a need for additional funding; and WHEREAS, staff has identified One Million Six Hundred Thirty Eight Thousand Dollars ($1,638,000) available from the Capital Expansion Fund Reserves as an eligible funding source to complete the Project as designed; and WHEREAS, staff presented its proposal for additional Project funding and sought Council input at the June 28, 2016 Council work session; and WHEREAS, under the City Code, one percent of the final appropriation for the Project must be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with 75% (totaling $12,776) reserved for the APP artwork component of project and 25% (totaling $3,604) reserved for maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriation, 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, staff has determined the appropriation of revenue proposed herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 8.4 Packet Pg. 109 Attachment: Ordinance No. 094, 2016 (4691 : SR 094 Southeast Community Park) -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 there is hereby appropriated from prior year reserves in the Capital Expansion Fund the sum of ONE MILLION SIX HUNDRED THIRTY EIGHT THOUSAND DOLLARS ($1,638,000) for transfer to and expenditure in the Capital Projects Fund for the Southeast Community Park Project. Section 3. That the unexpended appropriated amount of TWELVE THOUSAND SEVEN HUNDRED SEVENTY SIX DOLLARS ($12,776) in the Capital Projects Fund for the Southeast Community Park Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of THREE THOUSAND SIX HUNDRED FOUR DOLLARS ($3,604) in the Capital Projects Fund for the Southeast Community Park Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk 8.4 Packet Pg. 110 Attachment: Ordinance No. 094, 2016 (4691 : SR 094 Southeast Community Park) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Second Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be held in Conjunction with the November 8, 2016 Larimer County General Election. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 26, 2016, calls a Special Municipal Election to be held in conjunction with the November 8, 2016 Larimer County General Election, and preserves the opportunity for Council to place Council-initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot, it would need to do so no later than at its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 8, 2016 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 8, 2016 General Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 26, 2016 (PDF) 2. Letter to Larimer County-Participate in November 2016 Election (PDF) 3. Ordinance No. 097, 2016 (PDF) 9 Packet Pg. 111 Agenda Item 2 Item #2 Page 1 AGENDA ITEM SUMMARY July 26, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT First Reading of Ordinance No. 097, 2016, Calling a Special Municipal Election to be held in Conjunction with the November 8, 2016 Larimer County General Election. EXECUTIVE SUMMARY The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 8, 2016 Larimer County General Election, and preserves the opportunity for Council to place Council-initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot, it would need to do so no later than at its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 8, 2016 ballot. Adoption of this Ordinance is a required step in preserving the option for City Council to submit any ballot measures that Council may desire, at the November 8, 2016 General Election. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENT 1 9.1 Packet Pg. 112 Attachment: First Reading Agenda Item Summary, July 26, 2016 (4696 : SR 097 Call of Election) ATTACHMENT 2 9.2 Packet Pg. 113 Attachment: Letter to Larimer County-Participate in November 2016 Election (4696 : SR 097 Call of Election) -1- ORDINANCE NO. 097, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 8, 2016 LARIMER COUNTY GENERAL ELECTION WHEREAS, under Article X, Section 3 of the City Charter the City Council may, by resolution, submit any question or proposed ordinance or resolution, or refer any adopted ordinance or resolution, or submit any initiative or referendum measure, to a vote of the people at a special election, in the same manner as a citizen initiated or referred measure, at any time prior to the statutory deadline to certify ballot content to the County Clerk, however, the decision to call a special election must be made by ordinance; and WHEREAS, although there are no identified ballot measures at this time, in order to preserve the option to hold an election and meet all statutory requirements, an ordinance calling the election and authorizing an intergovernmental agreement with Larimer County for the conduct of the election must be adopted on second reading no later than August 16, 2016; and WHEREAS, for the foregoing reason, the City Council wishes to call a special municipal election on November 8, 2016, to be held in conjunction with the Larimer County General Election, for the purpose of submitting to the electorate of the City any ballot measures approved by the City Council prior to the deadline for certifying ballot content to the Larimer County Clerk and Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a Special Municipal Election in the City is hereby called for Tuesday, November 8, 2016, which shall be held in conjunction with the Larimer County General Election and conducted in such manner as shall be determined by the Larimer County Clerk and Recorder. Section 2. That the provisions of the Uniform Election Code of 1992 are hereby adopted with respect to the conduct of said election in lieu of the provisions of the Municipal Election Code of 1965. Section 3. That, subject to any applicable provision in Colorado statute to the contrary, the City Council may, by resolution or ordinance, submit to the voters at said election any citizen-initiated or City-initiated measure that complies with the requirements of the City Charter, irrespective of the nature of such measure. Section 4. That the City Clerk is hereby directed to certify the ballot content for the Special Municipal Election to the Larimer County Clerk no later than September 9, 2016, for any ballot titles set by the City Council prior to said date. 9.3 Packet Pg. 114 Attachment: Ordinance No. 097, 2016 (4696 : SR 097 Call of Election) -2- Section 5. That the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County for conduct of the election, pursuant to Section 1-7-116(2) of the Colorado Revised Statutes. Section 6. That, in the event that the City Council does not take action by ordinance or resolution prior to September 9, 2016, to submit any ballot measures to the voters at the November 8, 2016 Larimer County General Election, the election provided for herein shall be cancelled and the provisions of this Ordinance shall be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 26th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 9.3 Packet Pg. 115 Attachment: Ordinance No. 097, 2016 (4696 : SR 097 Call of Election) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Seonah Kendall, Economic Policy & Project Manager SUBJECT First Reading of Ordinance No. 098, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. For Use Tax and Business Personal Property Taxes as Provided in Business Investment Agreements. EXECUTIVE SUMMARY The purpose of this item is to appropriate $413,781 of prior year reserves from the General Fund for a rebate to Avago Wireless Technologies (USA) Manufacturing, Inc. for use tax and business personal property tax rebates under two business investment agreements. The agreements provide business investment assistance to Avago for the expansion and retrofit of Avago’s Building 4 for a wafer fabrication facility in 2012 and for a FBAR clean room facility in 2013. These two projects created an additional 227 primary jobs in the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Agreement Summary On July 19, 2011, City Council adopted Resolution 2011-066, approving a Business Investment Agreement, which the City and Avago entered into on July 25, 2012 (the 2012 Agreement). The 2012 Agreement provides business investment assistance to Avago for the expansion and retrofit of its Building 4 for a new wafer fabrication facility. On October 16, 2012, City Council adopted Resolution 2012-096, approving a second Business Investment Agreement with Avago, which the City and Avago entered into on June 5, 2013 (the 2013 Agreement). The 2013 Agreement provides business investment assistance to Avago for the expansion and retrofit of its Building 4 - for a new FBAR clean room facility. The 2012 and 2013 Agreements provide that Avago is eligible for the following rebates: 2012 Agreement (wafer fabrication facility) Use tax on new “Eligible Manufacturing Equipment” (up to 100%) for the period beginning August 1, 2011 and ending December 31, 2013, subject to a limit on the total use tax rebate amount of $1,725,000. A total of $1,089,734 in use tax rebates was paid to Avago in 2013 and 2014 under the 2012 Agreement. Avago is not eligible for any additional use tax rebates under the 2012 Agreement, so no use tax rebate is now being requested under the 2012 Agreement. Business Personal Property Tax Rebates (up to 50%) for a ten-year period for the Eligible Manufacturing Equipment purchased for the period beginning August 1, 2011 and ending December 31, 2013. Each annual payment is limited to $81,700, or 50% of City business personal property taxes actually paid for the Eligible Manufacturing Equipment so purchased for the wafer fabrication facility 10 Packet Pg. 116 Agenda Item 10 Item # 10 Page 2 project, whichever is lower. For 2016, Avago is eligible for a business personal property tax rebate of $27,663 under the 2012 Agreement. 2013 Agreement (FBAR clean room facility) Use tax on new Eligible Manufacturing Equipment (up to 100%) for the period beginning October 26, 2012 and ending December 31, 2014, subject to a limit on the total use tax rebate amount of $3,882,200. For 2016, Avago is eligible for a use tax rebate of $332,479 under the 2013 Agreement. Business Personal Property Tax Rebate (up to 50%) for a ten-year period for the Eligible Manufacturing Equipment purchased for the period beginning October 26, 2012 and ending December 31, 2014. A limit on each annual payment is $100,907, or 50% of City business personal property taxes actually paid for the Eligible Manufacturing Equipment so purchased for the FBAR clean room facility, whichever is lower. For 2016, Avago is eligible for a business personal property rebate of $53,639 under the 2013 Agreement. Employment Level Requirements The two rebate categories were offered with the stipulation that Avago’s employment levels must be maintained at no fewer than the number of employees within its Fort Collins facility as Avago employed as of June 5, 2013 (437 employees). As of December 31, 2015, Avago had 1,404 full time equivalent employees. Rebate schedule as agreed upon with Avago Staff has developed a rebate schedule with Avago which is consistent with the 2012 and 2013 Agreements whereby two rebate applications will be processed each year. CITY FINANCIAL IMPACTS The total rebate amount is $413,781 of prior year reserves from the General Fund. 10 Packet Pg. 117 -1- ORDINANCE NO. 098, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (U.S.A.) MANUFACTURING, INC. FOR USE TAX AND BUSINESS PERSONAL PROPERTY TAXES AS PROVIDED IN BUSINESS INVESTMENT AGREEMENTS WHEREAS, the City and Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. (“Avago”) have previously entered into that certain “Business Investment Agreement For Economic Development Related to Avago Technologies Building 4 Retrofit” dated July 25, 2012, (the “2012 Agreement”) and that certain “Business Investment Agreement for Economic Development Related to Avago Technologies Building 4 Retrofit for New FBAR Clean Room Facility” dated June 5, 2013, (the “2013 Agreement”); and WHEREAS, the 2012 Agreement and 2013 Agreement shall hereinafter be referred to jointly as the “Agreements”; and WHEREAS, the 2012 Agreement was approved by City Council on July 19, 2011, in Resolution 2011-066, and the 2013 Agreement was approved by City Council on October 16, 2012, in Resolution 2012-096; and WHEREAS, the 2012 Agreement provides certain business investment assistance to Avago for the retrofit of its Building 4 for a new wafer fabrication facility and the 2013 Agreement provides similar assistance to Avago for the retrofit of its Building 4 for a new FBAR clean room facility; and WHEREAS, the Agreements provide that Avago is eligible for reimbursement from the City for the following paid by it to the City, subject to certain limitations: (1) Use Tax on new Eligible Equipment, (2) Business Personal Property Tax on Eligible Manufacturing Equipment; and WHEREAS, under the Agreements, Avago can apply for reimbursement biannually for both rebates; and WHEREAS, all funds reimbursed must be appropriated by City Council as part of the rebate process; and WHEREAS, staff is requesting an appropriation for the full amount of $413,781 from prior year reserves in the General Fund to reimburse Avago in accordance with the Agreements; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. Packet Pg. 118 -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 there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of FOUR HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED EIGHTY ONE DOLLARS ($413,781) to reimburse Avago for Use Tax and Business Personal Property Tax as required by the Agreements. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 119 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. EXECUTIVE SUMMARY The purpose of this item is to appropriate $151,316 of prior year reserves for a rebate to Woodward, Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013). The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Agreement Summary On April 2, 2013, City Council adopted Ordinance No. 055, 2013 approving an Economic Development Project Agreement (Agreement) between the City, the Downtown Development Authority, and Woodward, Inc. The Agreement specifies Woodward is eligible for a rebate in three areas: Use Tax on Construction Materials and Eligible Equipment (up to 80%) Development Fees (100%) Capital Improvement Expansion Fees and Utility PIF Fees (up to 50%). Employment Level Requirements The three rebate categories were offered with the stipulation that employment levels must reach or exceed 1,400 employees within the City by December 31, 2018. If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the rebate until set employment levels have been met. The remaining 60% of the earned rebates will be paid on the schedule agreed upon by Woodward (see below). If the target employment level is reached after December 31, 2018 but before December 31, 2020, Woodward will receive the retained 40 percent less $500,000 (combined between use tax and development fee rebates). Woodward will not be entitled to the remaining 40 percent if the target level is not reached by December 31, 2020. 11 Packet Pg. 120 Agenda Item 11 Item # 11 Page 2 Rebate Schedule as agreed upon with Woodward Staff has developed a rebate schedule with Woodward which is consistent with the Agreement whereby two rebate applications will be processed each year. The two applications per year consist of the following components: Application 1 includes: o January through June: Development Review and Capital Improvement Fees Application 2 includes: o July through December: Development Review and Capital Improvement Fees o January through December: Use Tax Rebate funds will be appropriated by City Council biannually as part of the rebate process. This rebate application is for use tax paid from January through December 2015, and fees paid from July through December 2015 and include development review fees and capital improvement expansion fees. For the application period, Woodward earned a total of $252,192 in rebates. Of that amount, 40% is held back pending the aforementioned employee level requirements. The remaining 60%, which totals $151,316, is requested for rebate at this time. The 40% that is held back has been assigned within the General Fund in recognition of the potential future obligation. The use tax rebate includes a General Fund backfill requirement of the dedicated taxes: .25% Natural Areas .25% Streets and Transportation .25% Building on Basics Projects .85% Keep Fort Collins Great CITY FINANCIAL IMPACTS The total rebate amount is $151,316. The full amount will come from prior year General Fund Reserves and will be appropriated for the purpose of remitting the rebate to Woodward. 11 Packet Pg. 121 -1- ORDINANCE NO. 099, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE WOODWARD, INC. FOR DEVELOPMENT FEES AND USE TAX WHEREAS, the City, the Fort Collins Downtown Development Authority, and Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.” dated April 16, 2013, (the “Agreement”), which Agreement provides business investment assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing and office facilities in Fort Collins; and WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from the City for the following paid by it to the City: (1) “Use Taxes” on “Construction Materials” and “Eligible Equipment”, (2) “Development Fees”, and (3) “Capital Improvement Fees” as these terms are defined in the Agreement; and WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually for Development Review and Capital Improvement Fees and once a year for the Use Tax rebate; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No. 055, 2013, on April 2, 2013; and WHEREAS, the current total amount due to Woodward for the period of January 1, 2015, through December, 31, 2015, for eligible reimbursements is $151,316; and WHEREAS, in accordance with the terms of the Agreement, staff is requesting appropriation of $151,316 from prior year reserves from the General Fund to so reimburse Woodward; and WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Packet Pg. 122 -2- Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of ONE HUNDRED FIFTY ONE THOUSAND THREE HUNDRED SIXTEEN DOLLARS ($151,316) to reimburse Woodward for Use Tax as required by the Agreement. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 123 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Lance Smith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 100, 2016, Appropriating Prior Year Reserves in the Storm Drainage Fund to Construct the Fort Collins/Timnath Boxelder Creek Flood Mitigation Projects and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $979,700 from Prior Year Reserves in the Storm Drainage Fund to cover increased project costs due to a number of additional project scope changes necessary to complete the Boxelder Creek Outfall project as it crosses Prospect Road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding various issues, including stormwater and floodplain issues (Timnath IGA). The Timnath IGA has been amended various times. Ordinance No. 047, 2014, approved the sixth amendment to the Timnath IGA which, among other things, addressed the Boxelder Creek Flood Mitigation Projects and how costs would be shared. Ordinance No. 090, 2014, appropriated funds to design and construct the Boxelder Creek Flood Mitigation Projects. The original estimate for the projects was $4,000,000, which Fort Collins and Timnath have agreed to share equally. The Timnath IGA anticipated that additional funds may be needed due to the preliminary nature of the design and the timing of the projects to be constructed in a future year. Fort Collins is the lead and provider of the engineering and project management service for the projects. Fort Collins thus must appropriate the funds in order to execute the contracts. Timnath will provide reimbursement of shared costs after completion. The expenses totaling $979,700 for which additional funding is being requested have been identified since the inception of this project as described below: Boxelder Creek Cleanout-$175,000 In order to obtain a Canal Crossing Agreement with the Lake Canal Company for the Boxelder Creek Siphon, as well as other agreements required for flood control improvements to the north, Lake Canal Company required Utilities Department to dredge/cleanout Boxelder Creek between Mulberry Street and their diversion structure on the on Boxelder Creek near I-25. 12 Packet Pg. 124 Agenda Item 12 Item # 12 Page 2 Boxelder Creek Siphon-$104,000 In order to obtain a Canal Crossing Agreement with the Lake Canal Company for the Boxelder Creek Siphon, the company required several design features that were not anticipated in the original cost estimate. These features include a debris sump with two manual gates in the upstream inlet structure, and a Parshall Flume with a manual gate to measure augmentation releases to Boxelder Creek. Additional Required Prospect Road Improvements-$98,000 The original Prospect Road rehabilitation requirements were to patch Prospect for 115 feet over the new Flood Overflow Channel box culverts. When the Boxelder Creek Bridge Replacement by Engineering Department became part of the project there was a complete redesign of Prospect Road between and including both projects. Additional requirements include additional paving for a total of 370 feet on Prospect Road, construction of the Glanz property approach, and the construction of a one foot vertical curve over the overflow channel culverts. Concrete Toe-Walls, Wing-Walls, Parapet-Walls, and Epoxy Coated Rebar-$53,000 During the design process the tow-walls, wing-walls, and parapet-walls for the box culvert crossing needed to be increased in size to accommodate the additional loading of the improved Prospect Road design. Three additional cost increases associated with this work were as follows: The cost of concrete has increased from when the project was estimated in 2013 from $95/cubic yard to $115/cubic yard. Aggregate costs increased from $18/ton to $27/ton. The Colorado Department of Transportation required an upgrade to epoxy coated rebar at a cost of $9,000. Additional Greeley Waterline Relocation Requirements-$130,000 In order to get approvals from Greeley Water Department to relocate its 27-inch and 30-inch water transmission mains under the new flood control box culverts and overflow channel, it required additional relocation pipe lengths, very strict testing and disinfection regiments, additional air valve manholes, and additional cathodic protection with test stations. Underdrain to Eliminate State Augmentation Requirements-$44,000 Late in the design process it was discovered that an underdrain was required in the overflow channel to eliminate evaporation losses from standing groundwater and the requirement to provide augmentation water to compensate for these losses. Urban Design Features-$366,000 When Utilities partnered with the Engineering Department to construct both projects under one road closure the requirement was placed on Utilities to include urban design features on the overflow channel parapet walls and sidewalks to match the features on the new Boxelder Creek Bridge and the future Prospect Road/I-25 interchange. These urban design features include, but are not limited to, stone facades and stone caps at columns and walls, railings at parapet walls, structural coating, and sandblasting and staining of stone facades, caps, and sidewalks. Contribution to Art in Public Places-$9,700 These additional costs require an additional 1% contribution to the Art in Public Places Fund. The stormwater utility has not yet reached the cap on its annual Art in Public Places contributions for 2016 (each utility’s contributions are capped at .5% of its annual budgeted operating revenues). 12 Packet Pg. 125 Agenda Item 12 Item # 12 Page 3 CITY FINANCIAL IMPACTS The Storm Drainage Fund Reserve currently has a balance of approximately $4.1 million. Approximately $2 million is proposed to be used in the 2017-2018 BFO process. Additionally, as of July operating revenues in the Storm Drainage Fund are 7.4% over budget, or $628K. At the current rate it is estimated operating revenues will be $1-$1.5 million over budget for the year. BOARD / COMMISSION RECOMMENDATION This project has been presented to the Water Board many times over the past several years. Initially in the Master Planning phases and more recently in the final design and construction update phases. The Water Board continues to support the project. 12 Packet Pg. 126 -1- ORDINANCE NO. 100, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE FUND TO CONSTRUCT THE FORT COLLINS/TIMNATH BOXELDER CREEK FLOOD MITIGATION PROJECTS AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2009 the City and the Town of Timnath (“Timnath”) entered into an intergovernmental agreement (“IGA”) regarding certain stormwater and floodplain issues; and WHEREAS, the IGA has been amended various times, including by a sixth amendment, approved by Ordinance No. 047, 2014 (“Sixth Amendment”); and WHEREAS, the Sixth Amendment identifies the scope and locations of the Boxelder Creek Flood Mitigation Projects (“Projects”); and WHEREAS, at that time of the Sixth Amendment, the cost of the Projects was estimated to be $4,000,000, which amount Fort Collins and Timnath have agreed to share equally in order to complete the Projects; and WHEREAS, the Sixth Amendment anticipated that additional funds may be needed due to the preliminary nature of the design and the timing of the Projects to be constructed in future years; and WHEREAS, the actual costs of the Projects has been greater than originally estimated dues to a number of causes; and WHEREAS, Fort Collins, as lead and provider of the engineering and project management service for the Projects, must appropriate the funds in order to execute the contracts for the Projects; and WHEREAS, Timnath will provide reimbursement of shared costs after completion of the Projects pursuant to the Sixth Amendment; and WHEREAS, Fort Collins Utilities is requesting an appropriation of $979,700 from the Storm Drainage Fund Reserves to cover increased costs of the Projects; and WHEREAS, of the total $979,700 requested appropriation, $9,700 represents the amount to be appropriated in the Art in Public Place (“APP”) project for the Storm Drainage Fund, and of that $9,700 amount, $2,134 (22%) will be transferred to the Cultural Services and Facilities Fund for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be Packet Pg. 127 -2- available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. 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 Storm Drainage Fund the sum of NINE HUNDRED SEVENTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ($979,700) as follows: Boxelder Creek Crossing of Prospect Road Project $970,000 Art in Public Places Project 9,700 TOTAL $979,700 Section 3. That the unexpended appropriated amount of TWO THOUSAND ONE HUNDRED THIRTY-FOUR DOLLARS ($2,134) is authorized for transfer to the Art in Public Places Projects from the Storm Drainage Fund to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 128 -3- Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 129 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT First Reading of Ordinance No. 101, 2016, Authorizing an Exchange of Easements between the City and Brookhaven Homeowners Association to Resolve Encroachment Issues on Mallard's Nest Natural Area and Spring Creek Trail. EXECUTIVE SUMMARY The purpose of this item is to authorize the City’s conveyance of an easement to the Brookhaven Homeowners Association to resolve an encroachment issue on Mallard's Nest Natural Area and Spring Creek Trail. The Natural Areas Department intends to exchange easements with Brookhaven Homeowners Association to resolve long standing and significant encroachments on City property and enable a more favorable alignment of an existing fence along Spring Creek Trail. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Mallard’s Nest Natural Area was acquired by the City in several transactions between 1961 and 2002. Natural Areas acquired 2.48 acres from Brookhaven Homeowners Association (Brookhaven) in 2002. Unfortunately, the legal description used to convey the land to the City was not accurate. Portions of two condo units were included in the conveyance to the City. This error was not discovered until late last year, when a Natural Areas staff member reported a broken rail in the fence line between the condos and Spring Creek Trail. (The City Parks Department is responsible for construction/maintenance of the paved trail system throughout the City and in Natural Areas.) While attempting to determine whose responsibility it was to repair the fence, a new survey was conducted. The new survey revealed that decks, a privacy fence and other infrastructure (the Improvements) in Brookhaven’s platted common area overlapped onto roughly 1,400 square feet (0.032 acres) of City property. Note: The condos were constructed in 1995 and 1996--well in advance of the transfer to the City. Parks and Natural Areas staff met with representatives from Brookhaven to discuss options to address the unintentional encroachments and in addition, look for ways to improve the alignment of the fence along Spring Creek Trail. (In several segments, the fence is located right at the trail’s edge - not an ideal situation for Parks’ maintenance purposes.) Several options were discussed, including a potential fee simple land trade, removal of the encroachments and an easement. After some consideration, it was decided that an exchange of permanent easements would provide the best solution. (Due to the restrictive nature of Brookhaven’s Condominium Declaration, all Brookhaven homeowners (approximately 50 homeowners) and any lending institutions holding deeds of trust on each condominium would be required to execute a document conveying fee interest in the property.) The easement will enable Brookhaven and the respective homeowners to access and maintain the Improvements and allow Parks staff to access, maintain, and realign fencing at current pinch points along the trail. 13 Packet Pg. 130 Agenda Item 13 Item # 13 Page 2 CITY FINANCIAL IMPACTS Given that the easements will allow for an exchange of access rights on equal amounts of land, staff recommends that the access easement be granted to Brookhaven at no cost. No additional financial impacts are anticipated. BOARD / COMMISSION RECOMMENDATION At its March 8, 2016, regular meeting, the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the ordinance granting an easement to Brookhaven Homeowners Association. (Attachment 3) ATTACHMENTS 1. Location Map (PDF) 2. Encroachment Map (PDF) 3. Land Conservation & Stewardship Board minutes, March 8, 2016 (PDF) 13 Packet Pg. 131 k r i n g C r e e k a r k P o n d Sherwood Lateral S Lemay Ave E Prospect Rd ± Spring Creek Mallard’s Nest Natural Area Mallard’s Nest Natural Area Location Map E. Stuart St Stover St. $77$&+0(17 13.1 Packet Pg. 132 Attachment: Location Map (4414 : Mallard's Nest Natural Area Easement) General Area of Encroachment ± Mallard’s Nest Natural Area Encroachment Location Shadowbrook Condos (Brookhaven HOA) Spring Creek Trail ATTACHMENT 2 13.2 Packet Pg. 133 Attachment: Encroachment Map (4414 : Mallard's Nest Natural Area Easement) Land Conservation & Stewardship Board March 8, 2016 ATTACHMENT 3 13.3 Packet Pg. 134 Attachment: Land Conservation & Stewardship Board minutes, March 8, 2016 (4414 : Mallard's Nest Natural Area Easement) 13.3 Packet Pg. 135 Attachment: Land Conservation & Stewardship Board minutes, March 8, 2016 (4414 : Mallard's Nest Natural Area Easement) -1- ORDINANCE NO. 101, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN EXCHANGE OF EASEMENTS BETWEEN THE CITY AND BROOKHAVEN HOMEOWNERS ASSOCIATION TO RESOLVE ENCROACHMENT ISSUES ON MALLARD’S NEST NATURAL AREA AND SPRING CREEK TRAIL WHEREAS, the City is the owner of a parcel of land located in Larimer County, Colorado, as more particularly described on Exhibit “A”, attached and incorporated herein by reference, and known as Mallard’s Nest Natural Area (the “City Property”); and WHEREAS, the Spring Creek Trail (the “Trail”) runs through the City Property adjacent and to the north of property owned by the Brookhaven Homeowners Association (“Brookhaven”); and WHEREAS, it was recently discovered that improvements constructed in Brookhaven’s common areas prior to the City’s acquisition of the City Property encroach on the City Property and the Trail; and WHEREAS, City staff and Brookhaven representatives have discussed the situation and concluded that the best solution is for the City to grant an easement to Brookhaven for the encroachment, and in exchange Brookhaven would grant an access easement to the City over some portions of Brookhaven’s property, of approximately the same total area, which would allow the fence between the Trail and Brookhaven’s property to be moved further back from the Trail; and WHEREAS, the proposed easement to Brookhaven is described on Exhibit “B”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, because the City would be receiving an easement of equivalent size and value in exchange for granting the Easement, staff is recommending that Brookhaven not be charged any additional consideration for the Easement; and WHEREAS, at its regular meeting on March 8, 2016, the Land Conservation and Stewardship Board voted to recommend granting the Easement to Brookhaven; 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. Packet Pg. 136 -2- Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to the Brookhaven Homeowners Association as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Brookhaven, and accept the conveyance of an easement from Brookhaven, on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 137 Packe EXHIBIT B 2 Packet Pg. 139 Attachment: Exhibit B (4425 : Mallard's Nest Natural Area Easement ORD) 2 Packet Pg. 140 Attachment: Exhibit B (4425 : Mallard's Nest Natural Area Easement ORD) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council WITHDRAWN FROM CONSIDERATION STAFF Helen Matson, Real Estate Services Manager Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 102, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek. The Pond will handle flows from both entities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2013, the City’s Water Quality Master Plan was adopted by Council. This Master Plan included the Spring Creek Basin Water Quality Master Plan. The Master Plan included proposed improvements in the CSU Sub- basin. These proposed improvements included a Proprietary Mechanical BMP (best management practice) to be installed underground at Prospect and Burlington Northern Railroad. With this mechanical device, the water is treated underground; the device requires more maintenance and is less efficient. The Master Plan also included plans for a Ropes Water Quality Pond. This Pond was planned to be much smaller and would only be constructed on City property. To more efficiently handle the area flows, staff members from the City and CSU worked together on the design of a larger pond that will accept more flows than if both entities developed smaller ponds. Most of the land area of the Pond will be on CSU land; however the flows being handled by the Pond will be approximately the same in volume for both CSU and the City. CSU will be constructing the Pond and pay the upfront costs, estimated to be between $400,000 and $500,000; CSU will then bill the City for its share. The split of the project cost will be based on flow spillage. The City will reimburse CSU out of a future budget for stream rehabilitation and water quality budget. CSU will perform the necessary maintenance on the Pond. CITY FINANCIAL IMPACTS The total cost of constructing the pond is estimated to be between $400,000 and $500,000. The City will reimburse CSU for 48% of the costs of construction, as approximately 48% of the flows into the pond will be Agenda Item 14 Item # 14 Page 2 the City’s flows. Working together on the Center Outfall Water Quality Pond is advantageous for both the City and CSU. This combined Pond will handle more flows for the area than if each entity built a smaller pond. If the Center Outfall Water Quality Pond was not being constructed, the City would need to build more water quality ponds - which would require more land and more money. The City’s cost to build its own pond and proprietary mechanical BMP in this area would be approximately $300,000 Due to the benefits being provided by granting this easement to construct the larger Pond, staff does not recommend charging CSU for this easement. ATTACHMENTS 1. Location map (PDF) COLORADO STATE UNIVERSITY PROPERTY CITY OF FORT COLLINS PROPERTY GARDENS AT SPRING CREEK FUTURE OUTFALL POND FUTURE WATER QUALITY POND HILTON HOTEL BAY RD W PROSPECT RD CENTRE AVE BAY DR CENTER AVE Easement Location ± Location Map of Easement to CSU at Center Outfall Water Quality Pond ATTACHMENT 1 14.1 Packet Pg. 143 Attachment: Location map (4718 : Water Quality Pond Easement to Coloado State Land Board) -1- ORDINANCE NO. 102, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON CITY PROPERTY AT THE GARDENS ON SPRING CREEK TO COLORADO STATE UNIVERSITY WHEREAS, the City is the owner of property known as the Gardens on Spring Creek, more particularly described as Tract A, Centre for Advanced Technology 22nd Filing, Community Horticulture Center, Fort Collins, Larimer County, Colorado (the “City Property”); and WHEREAS, the City and Colorado State University (CSU) have been working on the design of water quality pond for the Spring Creek Basin that would be located partially on the City Property and partially on CSU property, and would accept flows from both CSU’s property and other properties in the area (the “Center Outfall Water Quality Pond” or “Pond”); and WHEREAS, the Pond would be more efficient and handle more flows from the area than if the City and CSU built separate ponds; and WHEREAS, CSU would be responsible for construction and maintenance of the Pond, and would pay the upfront costs of construction, estimated to be between $400,000 and $500,000, with the City reimbursing CSU for 48% of such costs; and WHEREAS, in order to construct the Pond, CSU requires an easement on the City Property in the location described and shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the City’s cost to build its own pond and proprietary mechanical best management practice (BMP) would be approximately $300,000, and the fair market value of the Easement is approximately $2,130; and WHEREAS, because the cost savings to the City from not having to build its own pond exceed the amount the City will pay for construction of the Center Outfall Water Quality Pond and the value of the Easement combined, City staff is recommending that the City not charge CSU for the 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: Packet Pg. 144 -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 City Council hereby finds that the City’s conveyance of the Easement to CSU as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to CSU on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 145 SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 06.30.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-06-30_Pond Easement.dwg SHEET 1 OF 3 EXHIBIT A: WATER QUALITY POND EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND TO BE DEDICATED AS A WATER QUALITY POND EASEMENT BEING A PART OF TRACT A, CENTRE FOR ADVANCED TECHNOLOGY 22ND FILING, AS DEPICTED IN THE PLAT RECORDED APRIL 2, 2003 AT RECEPTION NUMBER 20030039524, SITUATED IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 23, BEING MONUMENTED BY A 3.25" ALUMINUM CAP STAMPED "PLS 17497," FROM WHICH THE NORTHEAST CORNER OF SAID SECTION, %(,1*02180(17('%<$$/80,180&$367$03('3/6 %($566 (:,7+$ DISTANCE OF 2655.63 FEET AS MEASURED IN THE FIELD WITH ALL BEARINGS CONTAINED HEREIN 5(/$7,9(7+(5(72 7+(1&(6 ($',67$1&(2))((772$32,17217+(1257+(5/< /,1(2)6$,'75$&7$7+$7/,(66 :$',67$1&(2) )((7)5206$,'1257+($67 CORNER OF SECTION 23, SAID POINT BEING ALSO THE POINT OF BEGINNING; 7+(1&()5207+(32,172)%(*,11,1*6 ($',67$1&(2))((7 7+(1&(6 :$',67$1&(2))((7 7+(1&(1 :$',67$1&(2) )((7 7+(1&(6 :$',67$1&(2))((7 7+(1&(6 :$',67$1&(2))((7 7+(1&(6 :$',67$1&(2) )((7726$,'1257+(5/</,1(2)75$&7$6$,'32,17 BEING ALSO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NORTHERLY LINE OF TRACT A THE FOLLOWING FOUR (4) COURSES: 1) 138.74 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 149.98 FEET, A &(175$/$1*/(2) $1'%(,1*68%7(1'('%<$&+25':+,&+%($561 ($ DISTANCE OF 133.84 FEET TO A POINT OF TANGENCY; ***LEGAL CONTINUED ON SHEET 2 OF 3*** 1 Packet Pg. 146 Attachment: 2016-08-05 Pond Easement Exhibit A (4726 : Water Quality Pond Easement to Colorado State ORD) SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 06.30.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-06-30_Pond Easement.dwg SHEET 2 OF 3 EXHIBIT A: WATER QUALITY POND EASEMENT LEGAL DESCRIPTION (CON'T): 2) 1 ($',67$1&(2))((772$32,172)&859(727+(5,*+7 3) 87.62 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 300.00 FEET, A &(175$/$1*/(2) $1'%(,1*68%7(1'('%<$&+25':+,&+%($561 ($ DISTANCE OF 87.31 FEET TO A POINT OF TANGENCY; 4) 1 ($',67$1&(2))((7727+(POINT OF BEGINNING. CONTAINING 18,536 SQUARE FEET OR 0.426 ACRES, MORE OR LESS. DANA L. SPERLING PROFESSIONAL LAND SURVEYOR COLORADO LICENSE NUMBER 38012 1 Packet Pg. 147 Attachment: 2016-08-05 Pond Easement Exhibit A (4726 : Water Quality Pond Easement to Colorado State ORD) SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 06.30.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-06-30_Pond Easement.dwg SHEET 3 OF 3 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED ONLY AS A GRAPHIC DEPICTION OF THE ATTACHED LEGAL DESCRIPTION. EXHIBIT A: WATER QUALITY POND EASEMENT 0' SCALE IN FEET 25' 50' 1 Packet Pg. 148 Attachment: 2016-08-05 Pond Easement Exhibit A (4726 : Water Quality Pond Easement to Colorado State ORD) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Ellen Martin, Visual Arts Administrator SUBJECT Resolution 2016-059 Approving an Art Project for the Timberline and Prospect Intersection Improvements Project and Approving Expenditures from the Cultural and Services and Facilities Fund to Commission an Artist Team to Create the Art Project. EXECUTIVE SUMMARY The purpose of this item is to approve an art project for the Timberline and Prospect Road Project and authorize expenditures from the Art in Public Places Reserve Account to commission an artist team to create the art project. The expenditures of $40,560 will be for design, materials, fabrication, installation, and contingency for Tim Upham and Todd Kundla to create a sculpture at the site of the Timberline and Prospect Intersection. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 23-303 of City Code, which was added in 1995, established the Art in Public Places Reserve Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of works of art, and administrative expenses related to the Art in Public Places Program, in accordance with the Art in Public Places Guidelines adopted by the Council in Ordinance No. 20, 1995. The Council permanently adopted the Art in Public Places Program, and reenacted City Code Chapter 23, Article IX, in 1998 in Ordinance No. 047, 1998, with certain amendments in 2012. The Timberline and Prospect Road Project is under construction in Fort Collins. The Fort Collins artist team of Tim Upham and Todd Kundla worked with the Project Team to develop the concept for art at the site. The artists were selected through an RFQ process. The concept for the artwork acknowledges change; paying homage to the past and present. Marking the landscape, this 50-foot tall sculptural piece serves as a monument for two of the five historic silos that once stood on this site near the intersection of Timberline and Prospect. Two of the silos were relocated to the site of the Southeast Community Park Project. The five giant rings of the sculpture serve as a symbolic marker. Cascading from the top of the three remaining historic silos, this sculpture entitled “Ringfall,” captures a sense of movement and change. According to the artists; “As we deconstruct the silos from the past, modifying it for our future, we have the chance to envision this change.” The 18-foot diameter of the rings pays homage to the silos by offering the observer a literal appreciation of the size and width of the silos, while paying tribute to the agriculture that once dominated the landscape. The lower two rings wrap around the pedestrian path below, creating an interactive archway for the pedestrian. This unique interactive element gives the passerby the opportunity to travel through a portal portraying the scale of the silo rings. These large rings will also expand on the impact by casting dynamic shadows onto the silos and surrounding streetscape. 15 Packet Pg. 149 Agenda Item 15 Item # 15 Page 2 This design concept was reviewed and recommended by the project team and the Art in Public Places Board. The concept was reviewed and supported by the City’s Historic Preservation Department and the Chair of the Landmark Preservation Commission. CITY FINANCIAL IMPACTS The funds for this item have been appropriated in the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund. The Art in Public Places program has a maintenance fund for the long-term care of the Art in Public Places art collection. The Timberline and Prospect Road Project art budget is $40,560 to be used for design, materials, fabrication, installation, and contingency for this artwork. BOARD / COMMISSION RECOMMENDATION At its July 20, 2016 meeting, the Art in Public Places Board recommended approval of the design concept and budget for this project. PUBLIC OUTREACH A Request for Qualifications (RFQ) was issued for the Timberline and Prospect Road Project. In an RFQ process, all submissions are reviewed and the artist selection is based on their portfolio of work. Submissions are reviewed by the APP Board, a Purchasing representative, and representatives of the project team. Artists then collaborate with the project team and together they develop concepts for the artwork based on the goals of the project and input from the team. The final design and budget is reviewed and approved by the project team and then the Art in Public Places Board. The Board recommends the project to City Council for approval. The Board is working on a plan for public outreach for APP projects and will submit to City Council at the end of the year. ATTACHMENTS 1. Written Description and Images of Proposed Artwork (PDF) 2. Art in Public Places Board minutes, July 20, 2016 (draft) (PDF) 15 Packet Pg. 150 ART IN PUBLIC PLACES TIMBERLINE & PROSPECT PROJECT concept & design by Todd Kundla and Tim Upham Todd Kundla and Tim Upham, two Fort Collins artists, worked with the Timberline and Prospect Project Team to develop the concept for art at this site. The concept for the artwork acknowledges change; paying homage to the past and present. Marking the landscape, this 50 foot tall sculptural piece serves as a monument for the two of the five historic silos that once stood on this site near the intersection of Timberline and Prospect. The two silos were relocated to the site of the Southeast Community Park Project. The five giant rings of the sculpture serve as a symbolic marker. Cascading from the top of one of the three remaining historic silos, this sculpture entitled “Ringfall,” captures a sense of movement and change. According to the artists: “As we deconstruct a part of the past, modifying it for our future, we have the chance to envision this change.” The 18’ diameter of the rings pays homage to that of the silos by offering the observer a literal appreciation of the size and width of the silos, while paying tribute to the agriculture that once dominated the landscape. The lower two rings wrap around the pedestrian path below, creating an interactive archway for the pedestrian. This unique interactive element gives the passerby the opportunity to travel through a portal large enough to portray the scale of the silo rings. These large rings will also expand on the impact of the site by casting dynamic shadows onto the silos and surrounding streetscape. View from the south ATTACHMENT 1 15.1 Packet Pg. 151 Attachment: Written Description and Images of Proposed Artwork (4714 : APP Timberline and Prospect Project) View from above View from the north Image of the five silos before two were removed from the site 15.1 Packet Pg. 152 Attachment: Written Description and Images of Proposed Artwork (4714 : APP Timberline and Prospect Project) Art in Public Places Board July 20, 2016 ATTACHMENT 2 VII. Timberline and Prospect Design Review Artists Tim Upham and Todd Kundla as well as Tim Kemp from the City's Engineering department presented the project that is part of the intersection improvement project. The art concept incorporates the silos that are on this site. Concerns about graffiti and material being easy to maintain were raised as well as questions about possible lighting. Ms. Sherman moved to accept "Ringfall" to create a statement piece for the entry to Fort Collins at the intersection of Timberline and Prospect Ms. Hatchette seconded Unanimously approved VIII. Public Outreach Discussion .. ·.·•· • > .·. Ms. Martin continued the discussion on public outreach. Staff has been talking to other departments to see how they handle outreach as well as how our current project collaborations doing their outreach and if there are ways that we can join them. The City has a Civic Engagement Liaison and has created a Puplic Engagement Guide, which Ms. Martin shared with the group. The Board is excited aboutthe direction of added outreach but realizes it takes a lot of resources and needs to besupported by the staffing, etc. IX. Staff Report Ms. Martin presented the staff report. X. 5 in 5 Public art by private companies XI. Other business XII. Adjournment at 5:46p.m. by Ms. Kreutzer. Respectfully Submitted, ?/~A~ ~zeto'd- J 15.2 Packet Pg. 153 Attachment: Art in Public Places Board minutes, July 20, 2016 (draft) (4714 : APP Timberline and Prospect Project) -1- RESOLUTION 2016-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ART PROJECT FOR THE TIMBERLINE AND PROSPECT INTERSECTION IMPROVEMENTS PROJECT AND AUTHORIZING EXPENDITURES FROM THE CULTURAL SERVICES AND FACILITIES FUND TO COMMISSION AN ARTIST TEAM TO CREATE THE ART PROJECT WHEREAS, the City is in the process of constructing intersection improvements known as the Timberline and Prospect Road Intersection Improvements Project (the “Project”); and WHEREAS, pursuant to Sections 23-303 and 23-304 of the City Code, one percent of the funds appropriated for the Project was set aside for use in the acquisition, installation, and maintenance of works of art in accordance with the Art in Public Places Guidelines adopted by the City Council in Ordinance No. 047, 1998 (the “Guidelines”); and WHEREAS, through an RFQ process, the artist team of Tim Upham and Todd Kundla (the “Artists”) was selected to develop the concept for art for the Project; and WHEREAS, the Artists have proposed artwork for the Project consisting of a 50-foot tall sculptural piece entitled “Ringfall” to serve as a monument for two of the five historic silos that once stood on the site near the intersection of Timberline and Prospect Roads, with five giant rings cascading from the top of the three remaining historic silos (the “Art Project”); WHEREAS, the Art in Public Places Board (“the Board”) evaluated the Art Project at its regular meeting on July 20, 2016 pursuant to the Guidelines; and WHEREAS, the design concept of the Art Project was also reviewed and supported by the City’s Historic Preservation Department and the Chair of the Landmark Preservation Commission; and WHEREAS, the budget for the Art Project, which includes design, materials, fabrication, installation, and contingency for the Art Project, is $40,560; and WHEREAS, the funds for the Art Project are already appropriated and will be used to provide for the Artists’ design fees, materials, fabrication, installation and contingency for the Art Project; and WHEREAS, Section 23-308 of the City Code requires that the Board’s selection of the recommended art be presented for Council review and approval because the cost of the art exceeds $30,000; and WHEREAS, pursuant to Section 23-308 of the City Code, the Board recommends that City Council approve the Art Project and authorize expenditure of the appropriated funds from the Cultural Services and Facilities Fund for the Art Project. Packet Pg. 154 -2- NOW, THEREFORE, BE IT RESOLVED 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 approves the Art Project and authorizes the expenditure of appropriated funds in an amount not to exceed FORTY THOUSAND FIVE HUNDRED SIXTY DOLLARS ($40,560) from the Cultural Services and Facilities Fund, for the Art Project proposed by the Artists, the conceptual designs for which were selected by the Art in Public Places Board on July 20, 2016. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 155 Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Kai Kleer, Planning Technician Cameron Gloss, Planning Manager SUBJECT Resolution 2016-060 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Poudre River Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate the annexation process for the Poudre River Annexation. This is a City- initiated request to annex 12.01 acres located within the banks of the Poudre River between Lee Martinez Community Park and Linden Street. The land became an enclave upon annexation of the Wood Street Annexation on September 17, 2012. As of September 17, 2015, the City is authorized to initiate and annex the enclave in accordance with State Statute 31-12-106. 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 Poudre River Annexation is an enclave of unincorporated land along the banks of the Poudre River between Lee Martinez Park and Linden Street. The area is completely surrounded by land within the City of Fort Collins; more specifically, it extends from the intersection of North College Avenue and the Poudre River approximately 3,190 feet to the northwest and 1,620 feet to the southeast. Annexations over a 139 year period created the enclave. The south enclave boundary was formed in 1873 upon recordation of the Original Town Site map, which describes its north boundary as the south bank of the Poudre River. Buckingham Place Annexation enclosed the east end of the enclave in 1906. In 1959, the North College Annex map brought land into the City from the north bank of the Poudre River northward, leaving the Poudre River outside the city limits. The Linden Street Tech Center and McMurray Natural Area Annexations, in 1972 and 2010 respectively, completed annexation of lands north of the north riverbank. With the Wood Street Annexation in 2012, a west enclave boundary was formed, thereby creating an unincorporated area completely encircled by land with the City. The City of Fort Collins owns the bulk of the annexation area. A small portion of the area is owned by the Union Pacific Railroad. 16 Packet Pg. 156 Agenda Item 16 Item # 16 Page 2 The requested zoning for this annexation is the Public Open Lands (POL) zone district, which is in compliance with the City of Fort Collins Structure Plan. The surrounding properties existing are residential, office, park and light industrial land uses in the City of Fort Collins. There are five privately-owned properties fronting the Poudre River that are either vacant or substantially underused and, therefore, likely to be redeveloped. Of the five properties, four are located within the Poudre River buffer zone. Since these four remaining redevelopment parcels are located south of Lincoln Avenue, the City’s Land Use Code specifies a general buffer zone of 300 feet, as measured from the top of the riverbank. The decisionmaker (Planning and Zoning Board or Hearing Officer) may enlarge or reduce the bufferyard zone distance to ensure that performance standards are met consistent with Code requirements. The proposed Resolution makes a finding that the property at issue has been completely contained within the boundaries of the City of Fort Collins for not less than three years, initiates annexation proceedings and directs that notice be given of the hearing by the City Clerk. 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. This is an enclave annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to state law. Poudre River Annexation was enclaved upon the annexation of the Wood Street Annexation on September 17, 2012. Per C.R.S. Section 31-12-106, municipalities may initiate an annexation proceeding for unincorporated areas that are contained entirely within the boundary of the municipality if said area has been so surrounded for three years. As of September 17, 2015, the City of Fort Collins is authorized to initiate and annex the area. BOARD AND COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on September 8, 2016, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council at the First Reading of the annexation and zoning ordinances on September 20, 2016. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution provides a schedule for upcoming Council hearings and no notification is required under state statutes. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan (PDF) 3. Proposed Zoning (PDF) 16 Packet Pg. 157 East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I OLD FORT COLLINS HERITAGE PARK WASHINGTON PARK LEGACY PARK LEE MARTINEZ COMMUNITY PARK City of Fort Collins 3RXGUH5LYHU$QQH[DWLRQ9LFLQLW\0DS CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water City Limits 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 1 16.1 Packet Pg. 158 Attachment: Vicinity Map (4709 : Poudre River Annexation) East CoPyond Rural Open Lands and Stream Corridors Commercial Corridor District Employment Low Density Mixed-Use Residential Industrial District Downtown District Community Corridor District E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I City of Fort Collins Structure Plan CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Downtown District Community Commercial District General Commercial District Employment District Industrial District 0 0.05 0.1 0.15 0.2 Miles East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I POL NCM D CCR CCR POL E UE POL CCN NCB LMN CCR CG NCB D CS POL E RDR LMN City of Fort Collins Zoning CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Community Commercial North College (CCN) Community Commercial Poudre River (CCR) General Commercial (CG) -1- RESOLUTION 2016-060 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE POUDRE RIVER ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with law. 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 intends to annex the following described property, to be known as the Poudre River Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST QUARTER OF SECTION 11, AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00°23'32"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE, S00°23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES: 1. S66°30'10"E, A DISTANCE OF 42.00 FEET; 2. S51°53'24"E, A DISTANCE OF 40.00 FEET; 3. S67°13'24"E, A DISTANCE OF 37.00 FEET; 4. S74°51'24"E, A DISTANCE OF 176.40 FEET; Packet Pg. 161 -2- 5. S79°06'24"E, A DISTANCE OF 66.50 FEET; 6. S74°16'24"E, A DISTANCE OF 94.11 FEET; 7. S71°59'41"E, A DISTANCE OF 360.45 FEET; 8. S42°21'29"E, A DISTANCE OF 140.00 FEET; 9. S36°35'23"E, A DISTANCE OF 151.52 FEET; 10. S19°45'23"E, A DISTANCE OF 287.91 FEET; 11. S60°22'23"E, A DISTANCE OF 205.90 FEET; 12. S32°05'23"E, A DISTANCE OF 93.79 FEET; 13. S71°00'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE LINDEN STREET TECH CENTER ANNEXATION; THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER; THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 12.01 ACRES, MORE OR LESS. Section 3. That the City Council hereby initiates annexation proceedings for the above-described property. Section 4. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Packet Pg. 162 -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 163 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2016-060, initiating annexation proceedings for the Poudre River Annexation, consisting of approximately 12.01 acres and generally within the banks of the Poudre River between Lee Martinez Community Park and Linden Street, said Annexation being more particularly described in Resolution 2016-060. This is an enclave annexation. That, on September 20, 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 as an enclave 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. It is proposed that the Property included in the Annexation be placed in the Public Open Lands (“P-O-L”) 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 16th day of August, A.D. 2016. _______________________________ City Clerk EXHIBIT A 1 Packet Pg. 164 Attachment: Exhibit A (4701 : Poudre River Annexation RESO) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Lucas Mouttet, Utilities Customer Accounts Manager Carol Webb, Water Resources/Treatmnt Opns Mgr SUBJECT Resolution 2016-061 Authorizing the City Manager to Execute an Agreement Between the City of Fort Collins and New Belgium Brewing Company, Inc. Regarding Temporary Authorization to Use a Portion of Pretreated Wastewater in a Cooling Tower. EXECUTIVE SUMMARY The purpose of this item is to temporarily authorize New Belgium Brewing Company (New Belgium), as a customer of Fort Collins Utilities (Utilities), to use a portion of the pretreated wastewater from its brewery in an onsite cooling tower. Utilities has reviewed the request and recommends that temporary authorization for New Belgium’s use of pretreated wastewater be granted, subject to various terms and conditions. This temporary authorization will help Utilities evaluate whether a permanent program involving the use of pretreated wastewater by New Belgium and other similarly-situated customers can or should be pursued. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION New Belgium is a Fort Collins Utilities customer that receives water and wastewater service. New Belgium pretreats a portion of the wastewater from its brewery at an onsite facility, with the pretreated wastewater then being sent to Utilities’ water reclamation facilities for further treatment and (ultimately) discharge to the Poudre River, pursuant to the City’s various permits (such as National Pollutant Discharge Elimination System Permits issued pursuant to the Clean Water Act). New Belgium’s wastewater pretreated onsite includes brewing process water, spent yeast, out-of-specification beer, and used cleaning chemicals, and is not domestic wastewater from the facility. New Belgium has proposed a project whereby a portion of this pretreated wastewater would not be delivered back to Utilities’ water reclamation facilities, but instead be used in an onsite cooling tower and for onsite irrigation. New Belgium has indicated the goal for this project is to manage utility costs, as well as meet corporate goals pertaining to water conservation at its facility. New Belgium has been in discussions with various governmental agencies regarding this project, including the Colorado Department of Public Health and Environment (CDPHE), to address water quality, and the Colorado Division of Water Resources, which administers water rights, including the City’s water rights used to serve New Belgium and other Utilities’ customers. City staff met with New Belgium on May 19, 2016, to understand project needs, uses, and long-term goals. New Belgium originally requested City authorization to move forward with a permanent approval of the project. However, New Belgium has modified the proposal to request authorization for temporary operation of the cooling tower portion of the project, which would last up to 30 days and utilize up to 250,000 gallons of pretreated wastewater. 17 Packet Pg. 165 Agenda Item 17 Item # 17 Page 2 Currently, City Code does not authorize the use of pretreated wastewater by Utilities customers, nor does the cost of service study, i.e., rates, which is why staff recommends a temporary project in order to understand key cost of service data, and to evaluate other aspects of the project. If City Council allows the temporary project to proceed, Utilities staff plans to investigate the possibility of a permanent program involving the use of onsite, pretreated wastewater by New Belgium and other similarly- situated customers. Because such a program would be a shift in operations, Utilities staff requires extended time to fully analyze the various impacts of such a program as it relates to water rights, water quality, operation costs, and other considerations in the regulatory landscape. Authorizing New Belgium’s temporary use of pretreated wastewater onsite will provide Utilities with valuable data. The Agreement with New Belgium would grant temporary authorization for New Belgium’s use of the onsite, pretreated wastewater subject to various terms and conditions that are required to protect Utilities’ interests, as well as to ensure Utilities is able to fully benefit from the data acquired through this project. CITY FINANCIAL IMPACTS The financial impacts from this temporary authorization would be approximately $1,305 in Utilities lost revenue from fees associated with the 250,000 gallons of water not delivered to New Belgium, and the approximately 125,000 gallons wastewater that would not be treated. BOARD / COMMISSION RECOMMENDATION New Belgium uses the cooling tower mainly during the summer months (June through September) when cooling requirements are at the highest for the year, and thus, has a short window to manage the project’s execution. Staff plans to manage the analysis of the temporary project with Water Board prior to providing City Council a recommendation on a permanent program. PUBLIC OUTREACH Outreach for this temporary project is singularly focused with New Belgium. If the temporary project recognizes a benefit that warrants a rate ordinance, staff will then plan public outreach to customers that would qualify. 17 Packet Pg. 166 -1- RESOLUTION 2016-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND NEW BELGIUM BREWING COMPANY, INC. REGARDING TEMPORARY AUTHORIZATION TO USE A PORTION OF PRETREATED WASTEWATER IN A COOLING TOWER WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which includes a water utility and a wastewater utility that provide water and wastewater service to customers pursuant to Fort Collins City Code and other applicable law, rules, and regulations; and WHEREAS, New Belgium Brewing Company, Inc. (“New Belgium”) is a water and wastewater customer of Utilities that owns and operates a brewery in Fort Collins; and WHEREAS, New Belgium owns and operates a process wastewater treatment plant (“New Belgium PWTP”) at the brewery that discharges pretreated wastewater into the City’s sewer system; and WHEREAS, New Belgium has requested authorization to use up to 250,000 gallons of its pretreated wastewater in a cooling tower at the brewery over a 30 day period; and WHEREAS, City Code does not authorize Utilities customers to use pretreated wastewater from process wastewater treatment plants; and WHEREAS, the City is willing to authorize New Belgium’s temporary use of pretreated wastewater from the New Belgium PWTP as described herein in order to acquire data, information, and practical experience related to whether a Utilities-wide permanent program concerning the use of pretreated wastewater onsite from process water treatment plants is desirable, feasible, and otherwise consistent with the prudent management and operation of Utilities in light of all concerns including, but not necessarily limited to, financial considerations and all applicable law. 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 Manager is hereby authorized to execute an Agreement substantially in the form of the attached Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Packet Pg. 167 -2- Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this 16th day of August A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 168 Page 1 of 6 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND NEW BELGIUM BREWING COMPANY, INC. REGARDING TEMPORARY AUTHORIZATION TO USE A PORTION OF TREATED WASTEWATER IN A COOLING TOWER This Agreement is entered into by and between the following Parties: the City of Fort Collins, Colorado, a home rule municipality (“City”); and New Belgium Brewing Company, Inc., a Colorado corporation (“New Belgium”). RECITALS A. The City owns and operates Fort Collins Utilities (“Utilities”), which includes a water utility and a wastewater utility that provide water and wastewater service to customers pursuant to Fort Collins City Code and other applicable law, rules, and regulations. B. New Belgium is a water and wastewater customer of Utilities. New Belgium owns and operates a brewery in Fort Collins, on Lots 1 and 2 of the Final Plat of the New Belgium Brewery Fourth Filing, reordered with the Larimer County Clerk and Recorder at Reception No. 2006-0045463 on June 19, 2006, the address of which is 500 Linden Street, Fort Collins, Colorado 80524 (“New Belgium Site”). C. New Belgium owns and operates a process wastewater treatment plant (“New Belgium PWTP”) at the New Belgium Site that discharges treated wastewater into the City’s sewer system pursuant to Industrial Discharge Permit No. 16002, revised April 15, 2016. The wastewater sent to the New Belgium PWTP comprises wastewater from the brewery, such as used process water, spent yeast, out-of-specification beer, and used cleaning chemicals. The wastewater sent to the New Belgium PWTP does not include domestic wastewater or other wastewater from the New Belgium Site. D. New Belgium has requested authorization to use up to 250,000 gallons of its treated wastewater in a cooling tower on the New Belgium Site over a 30 day period. Such use would be effectuated by pumping a portion of the treated wastewater from the New Belgium PWTP to the cooling tower. E. City Code does not authorize Utilities customers to use treated wastewater from process wastewater treatment plants. New Belgium’s various permits from Utilities likewise do not purport to authorize New Belgium to use treated wastewater from its PWTP. New Belgium thus requires authorization from the City to use any of its treated wastewater. F. The City is willing to authorize New Belgium’s temporary use of treated effluent from the New Belgium PWTP as described herein in order to acquire data, information, and practical experience related to whether a Utilities-wide permanent program concerning the use of treated wastewater onsite from process water treatment plants is desirable, feasible, and otherwise consistent with the prudent management and operation of Utilities in light of all concerns including, but not necessarily limited to, financial considerations and all applicable law. EXHIBIT A 1 Packet Pg. 169 Attachment: Exhibit A (4717 : New Belgium Wastwater Use Agreement RESO) Page 2 of 6 AGREEMENT 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. APPROVAL FOR USE OF TREATED WASTEWATER. The City hereby authorizes New Belgium to use up to a total of 250,000 gallons of treated wastewater from the New Belgium PWTP in a cooling tower on the New Belgium Site over a 30 day period during the term of this Agreement, pursuant to the terms and conditions of this Agreement. No other use of treated wastewater from the New Belgium PWTP or otherwise is authorized hereby. New Belgium expressly acknowledges that this Agreement creates no entitlement or expectation of further analogous or similar authorizations. 3. TERMS AND CONDITIONS. The following terms and conditions shall apply to New Belgium’s use of its treated wastewater. 3.1. METERING. New Belgium shall continuously meter all treated wastewater delivered from the New Belgium PWTP to the cooling tower. Such metering shall be made with a totalizing flow meter acceptable to Utilities. The metering of the treated effluent delivered to the cooling tower shall be made before the remainder of treated wastewater is metered and delivered to the City’s water reclamation facilities pursuant to Industrial Discharge Permit No. 16002. Such metering shall, at minimum, measure and account for the continuous flow rate and the daily volume (in gallons) of treated wastewater delivered from the New Belgium PWTP to the cooling tower. 3.2. REPORTING. New Belgium shall deliver all metering data to Dan Clark at dclark@fcgov.com within five days of the completion of the 30 day period, as well as included with the monthly reports to Utilities Billing Group, and further reported to Utilities as may otherwise be requested by Utilities. Such data shall be delivered in the format in which it was collected, and shall also include any summaries of such data prepared by New Belgium. 3.3. INSPECTIONS. New Belgium shall allow Utilities staff to inspect any facilities associated with the use of the treated wastewater within 24 hours of when such a request is made. 3.4. INFORMATION SHARING. New Belgium agrees to cooperate, in good faith, with Utilities regarding the evaluation of the use of treated wastewater pursuant to this Agreement. New Belgium further agrees that any and all information provided to the City under this Agreement may be shared publically. 3.5. REPORTING LEAKS OR SPILLS. New Belgium shall report any leaks or spills of treated wastewater to Utilities immediately upon discovery irrespective of the size of the leak or spill. New Belgium shall prepare a spill response plan, which must be approved by Utilities in writing, prior to using treated wastewater pursuant to this agreement. 1 Packet Pg. 170 Attachment: Exhibit A (4717 : New Belgium Wastwater Use Agreement RESO) Page 3 of 6 3.6. REVOCATION OF AUTHORIZATION. Utilities shall have the right, at its sole discretion, to revoke this authorization and require New Belgium to immediately cease any and all use of any and all treated wastewater. Notice of such revocation shall be provided to New Belgium pursuant to Paragraph 11, and to Nick Ampe, at the following contact information: 500 Linden Street, Fort Collins, CO 80524, (970) 494-7805, nampe@newbelgium.com. 4. REPRESENTATIONS. New Belgium hereby represents that it has acquired, or will acquire prior to the use of any treated wastewater pursuant to this Agreement, any and all approvals, authorizations, and permits needed to use treated wastewater pursuant to this Agreement including, but not necessarily limited to, those from the State of Colorado and its various agencies (such as, by way of example, the Colorado Department of Public Health and Environment) and the United States and its various agencies (such as, by way of example, the Environmental Protection Agency). New Belgium shall provide to the City copies of any and all approvals, authorizations, and permits as soon as practicable pursuant to Paragraph 11. 5. TERM. This Agreement shall be in effect from the date it is last signed by the Parties through October 31, 2016. Any use of treated wastewater shall thus cease on or before October 31, 2016. 6. INDEMNIFICATION. New Belgium agrees to indemnify the City (which includes Utilities), its officers, agents, employees, and representatives, from all claims and liability, including but not limited to the City’s reasonable legal fees and costs, including attorneys’ fees, for any and all claims made by third persons (including, but not limited to, administrative and other actions brought by governmental agencies) associated with New Belgium’s activities under this Agreement and for any and all actions or omissions by New Belgium in violation of this Agreement. 7. REMEDIES. If either Party fails to comply with the provisions of this Agreement, the other Party may seek all such remedies available under Colorado law. 8. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 9. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in accordance with the laws of the State of Colorado, insofar as any matter is not regulated by applicable laws of the United States. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 10. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. 1 Packet Pg. 171 Attachment: Exhibit A (4717 : New Belgium Wastwater Use Agreement RESO) Page 4 of 6 11. NOTICES. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of five (5) business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To the City: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 epotyondy@fcgov.com and: Fort Collins Utilities Attn: Water Resources Manager 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522-0580 To New Belgium: New Belgium Attn: Nick Ampe 500 Linden Street Fort Collins, CO 80524 12. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. 14. REPRESENTATIONS. Each Party represents to the other Party that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. 15. ASSIGNMENT. No Party may assign any rights or delegate any duties under this Agreement without the written consent of the other Party. [Remainder of Page Left Blank Intentionally] 1 Packet Pg. 172 Attachment: Exhibit A (4717 : New Belgium Wastwater Use Agreement RESO) Page 5 of 6 CITY OF FORT COLLINS, COLORADO, a Colorado home rule city By: ______________________________________ Darin A. Atteberry, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office 1 Packet Pg. 173 Attachment: Exhibit A (4717 : New Belgium Wastwater Use Agreement RESO) Page 6 of 6 NEW BELGIUM BREWING COMPANY, INC., a Colorado Corporation By: ______________________________________ ATTEST: By: ______________________________________ 1 Packet Pg. 174 Attachment: Exhibit A (4717 : New Belgium Wastwater Use Agreement RESO) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Adam Jokerst, Water Resources Engineer SUBJECT Resolution 2016-062 Authorizing the City Manager to Execute Agreements Between the City of Fort Collins and the Northern Colorado Water Conservancy District Regarding the Sharing of Water Quality Modeling for the Halligan Water Supply Project. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Manager to execute an intergovernmental agreement (IGA) between the City of Fort Collins and the Northern Colorado Water Conservancy District (Northern Water) concerning shared use of certain water quality models between the Halligan Water Supply Project and the Northern Integrated Supply Project (NISP). Staff estimates that sharing certain NISP and Halligan Project water quality models will save the City $400,000 or more and prevent delays of up to four months to the Halligan Project’s draft Environmental Impact Statement (EIS), as well as ensure more accurate, consistent, and ultimately defensible modeling for the Halligan Project. The IGA sets forth the framework for sharing certain water quality models between the Halligan Project and NISP, and contains protective terms and conditions for both entities. One key term sets forth conditions on to the extent to which the City and Northern Water may comment on the construction of the shared water quality models during federal or state permitting processes. The IGA does not express support for NISP or change the City’s position with respect to NISP. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Fort Collins is engaged in the National Environmental Policy Act (NEPA) process to obtain a Clean Water Act (CWA) Section 404 permit through the U.S. Army Corps of Engineers (Corps) for the enlargement of Halligan Reservoir. Concurrently, Northern Water is engaged in a similar process for NISP. Both entities will also require CWA Section 401 permits from the Colorado Department of Public Health and Environment (CDPHE) with input from the Environmental Protection Agency (EPA). A supplemental draft Environmental Impact Statement for NISP was issued on June 19, 2015. A draft EIS for the Halligan Project is scheduled to be released in 2017. As part of the federal permitting process for NISP, third-party contractors to the Corps are conducting studies of water quality related to both the Halligan Project and NISP. The assessment of impacts to water quality is a key aspect of CWA permitting. Storage projects have the potential to impact Poudre River water quality through alterations in streamflow and though the physical process of storing water in a reservoir. In order to assess water quality impacts, the Corps, CDPHE, and EPA have directed the Corps’ third-party consultants to prepare complex water quality models of the Cache la Poudre River. Specific to water temperature, for NISP the models will cover the main stem reach of the River starting near the canyon mouth and continuing downstream to approximately the River’s intersection with Interstate 25. NISP impacts to water temperature and water quality were a key concern raised in the City’s September 2015 comments on the NISP’s supplemental draft EIS. 18 Packet Pg. 175 Agenda Item 18 Item # 18 Page 2 For the Halligan Project, the temperature modeling effort will include the same main stem reach as used for NISP, but will also extend up the North Fork of the Poudre River to Halligan Reservoir. The model used to simulate temperatures along the main stem of the Poudre River developed for NISP (Main Stem Temperature Model) is the primary subject of this IGA. However, the IGA also provides conditions for sharing other water quality models between the projects should the future need arise. These other models include a dynamic temperature model for the North Fork of the Poudre River (North Fork Temperature Model), a mass balance model that simulates the loading and concentrations of various other water quality constituents for the Halligan Project (Halligan Mass Balance Model), and a similar mass balance model developed for NISP (NISP Mass Balance Model). It is presently unknown whether sharing these other water quality models will be necessary or desirable. The Corps’ third-party contractors for the Halligan Project are actively working on various aspects of the North Fork water temperature analysis, but need a Main Stem Temperature Model in order to finalize its studies. Meanwhile, the Corps’ third-party consultants for NISP have made significant progress in developing NISP’s Main Stem Temperature Model to date. Given the overlapping geographical reach and study needs, using the NISP Main Stem Temperature Model for the Halligan Project is desirable as sharing the model will avoid redundancy by eliminating the time and effort needed to develop an independent main stem model for the Halligan Project. Construction of an independent Main Stem Temperature Model for the Halligan Project is preliminarily estimated to cost $500,000. Constructing an independent model would also likely further delay the Halligan Project. Temperature modeling is currently the critical path in Halligan Project permitting process, and staff preliminarily estimates that creating an independent Main Stem Temperature Model for the Halligan Project could delay issuance of the draft EIS by up to four months. Sharing NISP’s Main Stem Temperature Model is also likely to improve the modeling accuracy and consistency, and increase the overall defensibility of the Halligan Project draft EIS. A similar collaborative approach to analyzing Halligan and NISP was used in developing the Common Technical Platform (CTP) in 2008 following the release of the NISP draft EIS. The CTP produced a common set of models, methods, and assumptions for determining impacts of three water supply projects in the Cache la Poudre River Basin seeking federal permits: NISP, the Halligan Project, and Greeley’s Seaman Water Supply Project. The CTP yielded, in staff’s opinion, much more rigorous and defensible studies for the Halligan Project’s EIS. CTP models have been and continue to be shared between the Halligan Project and NISP. The Corps abandoned the CTP framework for the temperature modeling effort in part due to the divergence in timelines among the three projects. The Corps has stated it intends to publically release findings of the NISP temperature studies in a future NEPA document. Although methodologies, findings, and analysis of the study will be made public, the Main Stem Temperature Model itself (i.e., the digital modeling files) may not. The Corps has stated that it cannot release the NISP Main Stem Temperature Model to Fort Collins without Northern Water’s concurrence. Northern Water has indicated that an IGA with Fort Collins is needed in order for the Main Stem Temperature Model to be shared. Upon approval of the IGA, the Corps has indicated it will develop a “Communications Protocol” that incorporates the IGA and directs coordination between third-party consultants and the Corps managers for both NISP and Halligan. The IGA proposed for consideration sets out various conditions, principle among which are: 1. The Main Stem Temperature Model will be shared with the Corps third-party contractors for the Halligan Project, but the City will not have access to the Main Stem Temperature Model until such time that the models are made publically available. This provision is consistent with standard Corps procedures governing the public dissemination of third-party produced EIS work products. 2. The City agrees not to submit comments during federal or state permitting processes for NISP on the configuration, inputs, and assumptions used by third-party contractors to construct the Main Stem Temperature Model. However, the City retains the right to comment on the outputs, findings, and implications of the water quality and temperature analyses as they are presented in or derived from 18 Packet Pg. 176 Agenda Item 18 Item # 18 Page 3 NEPA documentation or other public information releases and may relate to NISP’s impacts on City assets and interests. This condition poses certain risks to the City if the NISP Main Stem Temperature Model methodology is flawed. However, the CDPHE and EPA, agencies with significant expertise in water temperature studies, provided input in the development of the Main Stem Temperature Model and will be reviewing the temperature models prior to public release. The Corps and the Halligan Project third-party contractors will also be reviewing the Main Stem Temperature Model in depth. Given that numerous other expert reviews are planned for the NISP Main Stem Temperature Model, staff is reasonably assured that the NISP Main Stem Temperature Model methodology will be sound. The IGA does not prohibit the City from commenting on the findings of the temperature study or on the output and findings of the Main Stem Temperature Model. This approach is in line with the City’s past comments on NISP’s impacts to Poudre River flows. NISP’s flow impacts were determined using models developed as part of the CTP, which the City is also using for the Halligan Project. In past comments on the NISP supplemental draft EIS, the City commented extensively on the ecological and socioeconomic impacts of altered Poudre River streamflows, rather than on the methodology used to simulate flows. The IGA also does not prohibit future City comments on any other NISP-related studies. The temperature study is merely one part of the much larger body of studies conducted for NISP. The Resolution specifically states that execution of the IGA “is not intended to express support for NISP or to change the City’s position with respect to NISP, and the City is not hereby altering or amending its comments on the NISP draft and supplemental draft environmental impact statements, which comments were submitted pursuant to Resolution 2008-002 and Resolution 2015-082.” It is staff’s opinion that the City can adequately protect its interests through future public commenting opportunities on NISP while simultaneously agreeing to the provisions of the subject IGA. 3. The IGA provides terms and conditions for sharing other Halligan Project and NISP models related to water quality and water temperature, including the North Fork Temperature Model, the Halligan Mass Balance Model, and the NISP Mass Balance Model. Similar terms as described above would apply to sharing of these other models. 4. The City will contribute $100,000 towards Northern Water’s cost of developing the Main Stem Temperature Model to date. This amount is far less than the $500,000 preliminarily estimated to be needed to develop an independent Main Stem Temperature Model. The IGA also provides conditions by which Northern Water would pay the City for models developed for the Halligan Project if such models are needed in the future for the NISP project. In the event the Main Stem Temperature Model is not made available to the Halligan Project third-party contractors, the Corps could decide to direct its third-party contractors to prepare an independent Main Stem Temperature Model for the Halligan Project. This may result in a delay to the issuance of the Halligan Project draft EIS, along with increased costs to the City. It is preliminarily estimated that the resulting delay could be up to four months. The IGA was introduced at the June 14, 2016, City Council Work Session, and was briefly discussed in a July 15, 2016 Halligan Project Status Memorandum to City Council and Water Board. Northern Water approved a draft of the IGA at its July 14, 2016 Board of Directors Meeting. The IGA has also been approved by NISP participants. CITY FINANCIAL IMPACTS It is preliminarily estimated that use of the NISP Main Stem Temperature Model for the Halligan Project in lieu of constructing an independent Main Stem Temperature Model will save the City approximately $400,000. Northern Water requests payment of $100,000 for use of Main Stem Temperature Model. 18 Packet Pg. 177 Agenda Item 18 Item # 18 Page 4 Sharing of other water quality models may achieve an additional cost savings. The IGA establishes payments associated with the sharing of the North Fork Temperature Model, the Halligan Mass Balance Model, and the NISP Mass Balance Model, should these models be shared under the IGA. BOARD / COMMISSION RECOMMENDATION At its June 16, 2016 meeting, the Water Board discussed the proposed IGA, but no formal action was taken because at that time the IGA was still under legal review. A finalized draft of the IGA with legal review from the Corps, Northern Water, and the City was made available on July 25, 2016. PUBLIC OUTREACH The water temperature modeling is currently the critical path in the Halligan Project permitting process. Given the time sensitive nature of this request, staff has not conducted any public engagement. Also, as noted above, a finalized draft of IGA was only recently made available. However, in the future the Corps will publically release information on the water quality studies of both NISP and the Halligan Project, and the public will be provided an opportunity to comment on the studies. ATTACHMENTS 1. Water Board minutes, June 16, 2016 (PDF) 18 Packet Pg. 178 3 Water Board Minutes June 16, 2016 PRPA owns 160 units of Windy Gap, but without firming storage, Mr. Dustin explained they wouldn’t be productive for Utilities. Board members inquired about various topics, including requesting staff to explain the Windy Gap Firming Project. Mr. Dustin replied that the Windy Gap unit owners had to pick the number of shares they wanted to firm. Firming requires unit holders to show a purpose and need, just as Fort Collins must do for the Halligan Project. It’s an independent choice for owners. Halligan Quarterly Report (Attachment available upon request) Water Resources Engineer Adam Jokerst summarized the report: the U.S. Army Corps of Engineers continues to make progress on the Halligan Project’s Environmental Impact Statement (EIS), and presently anticipates to release the draft EIS in June 2017. City staff has reviewed numerous technical report drafts in recent months. The critical path to getting an EIS published is the water quality study, which includes two parts: a mass balance model and a dynamic temperature model. Staff has discussed sharing the dynamic temperature model for the mainstem of the Poudre River being developed for the Northern Integrated Supply Project (NISP) with the Halligan Project. In the next couple of months, staff may ask City Council to consider an intergovernmental agreement (IGA) with Northern Water for this purpose. Mr. Jokerst discussed some of the initial terms proposed in a potential IGA. Board members inquired about various related topics, including timeline, public comment period, and the cost of sharing the models; Mr. Jokerst replied it would cost about $100,000 to share the NISP dynamic temperature model, but that developing a similar model independently for the Halligan Project may cost roughly $500,000. Water Reclamation & Biosolids Manager Jason Graham explained that temperature of surface water is becoming a bigger issue; as a result there’s more instream monitoring. Various City staff members belong to professional industry organizations and keep an eye on industry news related to this and other water quality topics. 2009 Wastewater Revenue Bond Advanced Refunding (Attachments available upon request) Financial Analyst Chris Donegon summarized the information he presented at the June 2 Water Board Work Session regarding refinancing 2009 wastewater revenue bonds, and requested the board recommend City Council adopt an ordinance to allow for pre-refunding of the 2009 Wastewater Revenue Bond. • Revenue bonds were issued January 29, 2009 • 20-year bonds, final payment in 2028 • Coupon interest varied from 2.0% to 5.0% • Not callable until December 1, 2018 • Original issue: $30,655,000 • Current outstanding: $24,405,000 • Eligible for prepayment: $20,080,000 • Estimate new rate of 2.11% ATTACHMENT 1 18.1 Packet Pg. 179 Attachment: Water Board minutes, June 16, 2016 (4710 : Sharing of Water Quality Modeling) -1- RESOLUTION 2016-062 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS BETWEEN THE CITY OF FORT COLLINS AND THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT REGARDING THE SHARING OF WATER QUALITY MODELING FOR THE HALLIGAN WATER SUPPLY PROJECT WHEREAS, the City is pursing the Halligan Water Supply Project (“Halligan Project”) and has applied for a permit from the United States Army Corps of Engineers (“Corps”) under Section 404 of the Clean Water Act; and WHEREAS, the City is currently working with the Corps and its third-party contractors in its preparation of an environmental impact statement (“EIS”), pursuant to the Clean Water Act and the National Environmental Policy Act (“NEPA”); and WHEREAS, the Northern Colorado Water Conservancy District (“Northern Water”) is pursing the Northern Integrated Supply Project (“NISP”) and has applied for a permit from the Corps under Section 404 of the Clean Water Act; and WHEREAS, Northern Water is currently working with the Corps and its third-party contractors in its preparation of an EIS, pursuant to the Clean Water Act and NEPA; and WHEREAS, certain water quality modeling and analyses (which includes temperature modeling and analyses, for the purposes of this Resolution) must be completed for the Halligan Project as part of its permitting processes with the Corps; and WHEREAS, certain water quality modeling and analyses must be completed for NISP as part of its permitting processes with the Corps; and WHEREAS, the coordination of the water quality modeling and analytical efforts for the Halligan Project and for NISP, including, but not limited to, the integration of the various water quality models developed for the Cache la Poudre River Basin, will result in substantial cost savings for the City, consistency, and in more accurate modeling and analyses; and WHEREAS, the City and Northern Water have negotiated an Agreement for the sharing of certain models and the coordination of such efforts, a copy of which is attached as Exhibit “A”; and WHEREAS, the City’s execution of the Agreement is not intended to express support for NISP or to change the City’s position with respect to NISP, and the City is not hereby altering or amending its comments on the NISP draft and supplemental draft environmental impact statements, which comments were submitted pursuant to Resolution 2008-002 and Resolution 2015-082. Packet Pg. 180 -2- 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 Manager is hereby authorized to execute an Agreement substantially in the form of Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Section 3. That the City Manager is hereby authorized to execute additional agreements between the Parties regarding the sharing of water quality models as contemplated in Paragraphs 3, 4, and 5 of “Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution.. Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 181 Page 1 of 12 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT REGARDING THE SHARING OF WATER QUALITY MODELING This Agreement is entered into by and between the following Parties: the City of Fort Collins, Colorado, a home rule municipality (“City”); and the Northern Colorado Water Conservancy District (a quasi-municipal entity and political subdivision of the State of Colorado), acting by and through its Northern Integrated Supply Project Water Activity Enterprise (a government-owned business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq.) (“Northern Water”). RECITALS A. The City is pursuing the Halligan Water Supply Project (“Halligan Project”). The City has applied for a permit from the United States Army Corps of Engineers (“Corps”) under Section 404 of the Clean Water Act. The Corps is currently preparing an environmental impact statement (“EIS”), pursuant to the Clean Water Act and the National Environmental Policy Act (“NEPA”), for the Halligan Project. B. In this permitting process for the Halligan Project, the Corps directs third-party contractors to assist in the preparation of the EIS. The third-party contractor working on water quality modeling and analyses for the Halligan Project is CDM Smith, Inc. (“CDM Smith”). C. For the Halligan Project, the Corps and CDM Smith are developing a mass balance water quality model for the main stem and North Fork of the Cache la Poudre River (“Halligan Mass Balance Model”) and a dynamic temperature model for the North Fork of the Cache la Poudre River (“North Fork Temperature Model”). D. Northern Water is pursuing the Northern Integrated Supply Project (“NISP”). Northern Water has applied for a permit from the Corps under Section 404 of the Clean Water Act. The Corps is currently preparing an EIS, pursuant to the Clean Water Act and NEPA, for NISP. E. In this permitting process for NISP, the Corps directs third-party contractors to assist in the preparation of the EIS. The third-party contractor working on water quality modeling and analyses for NISP is Hydros Consulting, Inc. (“Hydros”). F. For NISP, the Corps and Hydros are developing a mass balance water quality model for the main stem of the Cache la Poudre River (“NISP Mass Balance Model”) and a dynamic temperature model for the main stem of the Cache la Poudre River (“Main Stem Temperature Model”). G. Certain water quality modeling and analyses must be completed for the Halligan Project for both the North Fork and the main stem of the Cache la Poudre River as part of its permitting processes with the Corps. Water temperature is considered to be an aspect of water quality in such modeling and analyses for the Halligan Project. Similarly, certain water quality modeling EXHIBIT A 1 Packet Pg. 182 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 2 of 12 and analyses must be completed for NISP as part of its permitting processes with the Corps. Water temperature is considered to be an aspect of water quality in such modeling and analyses for NISP. NISP water quality modeling and analyses is currently focused on the main stem of the Cache la Poudre River, but may also consider certain water quality aspects of the North Fork of the Cache la Poudre River. H. The coordination of the water quality modeling and analytical efforts for the Halligan Project and for NISP, including, but not limited to, the integration of the various models for the North Fork of the Cache la Poudre River with those for the main stem of the Cache la Poudre River, will result in cost savings for each entity, consistency, and in more accurate modeling and analyses. I. The City and Northern Water desire to enter into an agreement regarding the coordination of some of their water quality modeling and analytical efforts, as set forth in this Agreement. AGREEMENT 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. SHARING OF THE MAIN STEM TEMPERATURE MODEL. The Parties agree to the following terms and conditions pursuant to which the Main Stem Temperature Model developed for NISP may be used for the Halligan Project. 2.1. The Main Stem Temperature Model is not currently in the possession or control of Northern Water; it will be made available when the results of the model are publicly released by the Corps. It is the understanding of the Parties that the Corps intends to release the results of the model in a future NEPA document for NISP. When the Corps publicly releases results of the model, the Main Stem Temperature Model will be made available to the third-party contractors for the water temperature modeling and analyses for the Halligan Project. 2.2. The Main Stem Temperature Model will be made available in advance of the Corps’ public release of the model results (as soon as it is calibrated) in the event that Hydros is used as the third-party contractor for the main stem modeling portion of the water temperature modeling and analyses (including the integration of results from the North Fork Temperature Model) for the Halligan Project and its alternatives. 2.3. Regardless of whether the Main Stem Temperature Model is made available under Paragraph 2.1 or Paragraph 2.2, neither City staff nor any other party associated with the City (which excludes the third-party contractors for the Halligan Project) will have access to the Main Stem Temperature Model until such time (if or when) the Corps makes the model publicly available. 1 Packet Pg. 183 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 3 of 12 2.4. Until such time that the Main Stem Temperature Model is publicly available, the model will be made available for the sole purpose of the third-party contractors’ water temperature studies pertaining to the Halligan Project. 2.5. Neither the City nor the third-party contractors for the Halligan Project will share the Main Stem Temperature Model with other persons, entities, or their consultants, or other third-party contractors in a Clean Water Act or NEPA process other than NISP or the Halligan Project. 2.6. Other persons or entities interested in accessing the Main Stem Temperature Model must address this issue directly through the Corps and Northern Water. 2.7. The City agrees not to submit comments during federal or state permitting processes for NISP on the configuration, inputs, and assumptions used to construct the Main Stem Temperature Model. However, the City retains the right to comment on the outputs, findings, and implications of the water temperature analyses of the Main Stem Temperature Model as they are presented in or derived from the NEPA documentation or other Corps’ public information releases and may relate to NISP’s impacts on City assets and interests. 2.8. Subject to oversight by and direction from the Corps, if the third-party contractors for the Halligan Project temperature analyses are other than Hydros, and if such third- party contractors identify questions or concerns in the course of reviewing the Main Stem Temperature Model and/or integrating the Main Stem Temperature Model and the North Fork Temperature Model, those will be brought to the attention of Hydros with the intent to resolve the issue informally. 2.9. The Parties will acknowledge that the Main Stem Temperature Model, as developed for NISP, is not appropriate for use in analyzing the Halligan Project or its alternatives without appropriate project-specific modifications, potentially including recalibration and revalidation. 3. SHARING OF THE NORTH FORK TEMPERATURE MODEL. The Parties agree to the following terms and conditions pursuant to which the North Fork Temperature Model developed for the Halligan Project may be used for NISP. 3.1. Northern Water does not know at this time if it will be necessary for the North Fork Temperature Model developed for the Halligan Project to be used for NISP. However, if Northern Water or the Corps at a later date determines that the North Fork Temperature Model is necessary for NISP analyses, Northern Water will notify the City in writing, pursuant to Paragraph 16, that it desires to use the North Fork Temperature Model for NISP. In the event of such notification, the provisions in Paragraphs 3.2 through 3.9 shall apply. 3.2. The North Fork Temperature Model is not currently in the possession or control of the City. Upon notification from Northern Water according to Paragraph 3.1, the City 1 Packet Pg. 184 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 4 of 12 will support the sharing of the North Fork Temperature Model, including its configurations, output data, and any analyses related to cumulative effects, with the third- party contractors for NISP once that model has been calibrated. 3.3. Neither Northern Water staff nor any other party associated with Northern Water (which excludes the third-party contractors for NISP) will have access to the North Fork Temperature Model until such time (if or when) the Corps makes the model publicly available. 3.4. Until such time that the North Fork Temperature Model is publicly available, the model will be made available for the sole purpose of the third-party contractors’ water quality studies pertaining to NISP. 3.5. Neither Northern Water nor the third-party contractors for NISP will share the North Fork Temperature Model with other persons, entities, or their consultants, or other third-party contractors in a Clean Water Act or NEPA process other than NISP or the Halligan Project. Other persons or entities interested in accessing the North Fork Temperature Model must address this issue directly through the Corps and the City. 3.6. The City retains the right to share the North Fork Temperature Model and outputs with other persons and entities without the consent of Northern Water, subject to Corps approval. 3.7. In the event the North Fork Temperature Model is shared with and executed by the third-party contractor for the NISP analyses, Northern Water agrees not to submit comments during federal or state permitting processes for the Halligan Project on the configuration, inputs, and assumptions used to construct the North Fork Temperature Model. However, Northern Water retains the right to comment on the outputs, findings, and implications of the North Fork water temperature analyses as they are presented in or derived from the EIS or other Corps’ public information releases and may relate to the Halligan Project’s impacts on Northern Water’s assets and interests. 3.8. Subject to oversight by and direction from the Corps, if the third-party contractors for NISP identify questions or concerns on the North Fork Temperature Model, those will be brought to the attention of CDM Smith with the intent to resolve the issue informally. 3.9. The Parties acknowledge that the North Fork Temperature Model, as developed for the Halligan Project, may not be appropriate for use in analyzing NISP or its alternatives without appropriate project-specific modifications, potentially including recalibration and revalidation. 4. SHARING OF THE NISP MASS BALANCE MODEL. The Parties agree to the following terms and conditions regarding sharing of the NISP Mass Balance Model. 4.1. The City does not know at this time if it will be necessary or desirable to use the NISP Mass Balance Model for the Halligan Project. However, if the City or the Corps at 1 Packet Pg. 185 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 5 of 12 a later date determines that the NISP Mass Balance Model is necessary for the Halligan Project analyses, the City will notify Northern Water in writing, pursuant to Paragraph 16, that it desires to use the NISP Mass Balance Model for the Halligan Project. In the event of such notification, the provisions in Paragraphs 4.2 through 4.9 shall apply. 4.2. The NISP Mass Balance Model is not currently in the possession or control of Northern Water. Upon notification from the City according to Paragraph 4.1, Northern Water will support the sharing of the NISP Mass Balance Model, including its configurations, output data, and any analyses related to cumulative effects, with the third- party contractors for Halligan Project, as follows: 4.2.1. It is the understanding of the Parties that the Corps intends to release the results of the NISP Mass Balance Model in a future NEPA document for NISP. When the Corps publicly releases results of the model, the NISP Mass Balance Model will be made available to the third-party contractors for the Halligan Project. 4.2.2. The NISP Mass Balance Model will be made available in advance of the Corps’ public release of the model results (as soon as it is calibrated) in the event that Hydros is used as the third-party contractor for the main stem modeling portion of the mass balance modeling and analyses for the Halligan Project. 4.3. Regardless of whether the NISP Mass Balance Model is made available under Paragraph 4.2.1 or Paragraph 4.2.2, neither City staff nor any other party associated with the City (which excludes the third-party contractors for the Halligan Project) will have access to the NISP Mass Balance Model until such time (if or when) the Corps makes the model publicly available. 4.4. Until such time that the NISP Mass Balance Model is publicly available, the model will be made available for the sole purpose of the third-party contractors’ water quality studies pertaining to the Halligan Project. 4.5. Neither the City nor the third-party contractors for the Halligan Project will share the NISP Mass Balance Model with other persons, entities, or their consultants, or other third-party contractors in a Clean Water Act or NEPA process other than NISP or the Halligan Project. Other persons or entities interested in accessing the NISP Mass Balance Model must address this issue directly through the Corps and Northern Water. 4.6. Northern Water retains the right to share the NISP Mass Balance Model and outputs with other persons and entities without the consent of the City. 4.7. In the event the NISP Mass Balance Model is shared with and executed by the third-party contractor for the Halligan analyses, the City agrees not to submit comments during federal or state permitting processes for NISP on the configuration, inputs, and assumptions used to construct the NISP Mass Balance Model. However, the City retains 1 Packet Pg. 186 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 6 of 12 the right to comment on the outputs, findings, and implications of the NISP Mass Balance Model analyses as they are presented in or derived from the NEPA documentation or other Corps’ public information releases and may relate to NISP’s impacts on the City’s assets and interests. 4.8. Subject to oversight by and direction from the Corps, if the third-party contractors for the Halligan Project identify questions or concerns on the NISP Mass Balance Model, those will be brought to the attention of Hydros with the intent to resolve the issue informally. 4.9. The Parties acknowledge that the NISP Mass Balance Model, as developed for NISP, may not be appropriate for use in analyzing the Halligan Project or its alternatives without appropriate project-specific modifications, potentially including recalibration and revalidation. 5. SHARING OF THE HALLIGAN MASS BALANCE MODEL. The Parties agree to the following terms and conditions regarding sharing of the Halligan Mass Balance Model. 5.1. Northern Water does not know at this time if it will be necessary for the Halligan Mass Balance Model developed for the Halligan Project to be used for NISP. However, if Northern Water or the Corps at a later date determines that the Halligan Mass Balance Model is necessary for NISP analyses, Northern Water will notify the City in writing, pursuant to Paragraph 16, that it desires to use the Halligan Mass Balance Model for NISP. In the event of such notification, the provisions in Paragraphs 5.2 through 5.9 shall apply. 5.2. The Halligan Mass Balance Model is not currently in the possession or control of the City. Upon notification from Northern Water according to Paragraph 5.1, the City will support the sharing of the Halligan Mass Balance Model, including its configurations, output data, and any analyses related to cumulative effects, with the third- party contractors for NISP once that model has been calibrated. 5.3. Neither Northern Water staff nor any other party associated with Northern Water (which excludes the third-party contractors for NISP) will have access to the Halligan Mass Balance Model until such time (if or when) the Corps makes the model publicly available. 5.4. Until such time that the Halligan Mass Balance Model is publicly available, the model will be made available for the sole purpose of the third-party contractors’ water quality studies pertaining to NISP. 5.5. Neither Northern Water nor the third-party contractors for NISP will share the Halligan Mass Balance Model with other persons, entities, or their consultants, or other third-party contractors in a Clean Water Act or NEPA process other than NISP or the Halligan Project. Other persons or entities interested in accessing the Halligan Mass Balance Model must address this issue directly through the Corps and the City. 1 Packet Pg. 187 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 7 of 12 5.6. The City retains the right to share the Halligan Mass Balance Model and outputs with other persons and entities without the consent of Northern Water, subject to Corps approval. 5.7. In the event the Halligan Mass Balance Model is shared with and executed by the third-party contractor for the NISP analyses, Northern Water agrees not to submit comments during federal or state permitting processes for the Halligan Project on the configuration, inputs, and assumptions used to construct the Halligan Mass Balance Model. However, Northern Water retains the right to comment on the outputs, findings, and implications of the Halligan Mass Balance Model analyses as they are presented in or derived from the EIS or other Corps’ public information releases and may relate to the Halligan Project’s impacts on Northern Water’s assets and interests. 5.8. Subject to oversight by and direction from the Corps, if the third-party contractors for NISP identify questions or concerns on the Halligan Mass Balance Model, those will be brought to the attention of CDM Smith with the intent to resolve the issue informally. 5.9. The Parties acknowledge that the Halligan Mass Balance Model, as developed for the Halligan Project, may not be appropriate for use in analyzing NISP or its alternatives without appropriate project-specific modifications, potentially including recalibration and revalidation. 6. MEETING TO DISCUSS MODELING ASSUMPTIONS. In the interest of promoting consistency in the assumptions underlying the water temperature analyses in the North Fork Temperature Model, the Main Stem Temperature Model, the Halligan Mass Balance Model, and the NISP Mass Balance Model, prior to making the models available, the Corps, the City, Northern Water, and the respective third-party contractors for the Halligan Project and NISP will meet one or more times to discuss key assumptions, including those for cumulative effects, related to the North Fork and the main stem of the Cache la Poudre River. 7. DELEGATION OF RESPONSIBILITIES BETWEEN THIRD-PARTY CONTRACTORS. The Parties acknowledge that the Corps is delegating the specific tasks and responsibilities among third-party contractors in developing the Halligan Project water temperature models and analysis. However, it is the desire of the Parties that if Hydros is used as the third-party contractor to perform water temperature modeling and analyses for the Halligan Project, that: (1) Hydros will work cooperatively with CDM Smith to integrate the North Fork Temperature Model with the Main Stem Temperature Model; (2) Hydros will lead the effort to modify the Main Stem Temperature Model to be able to analyze the Halligan Project; (3) Hydros will execute the Main Stem Temperature Model for all alternatives identified for the Halligan Project; (4) CDM Smith will execute the North Fork Temperature Model for all alternatives identified for the Halligan Project; and (5) CDM Smith will produce the final documentation of all water temperature modeling and analyses for the Halligan Project EIS in accordance with established Halligan Project EIS reporting standards. 1 Packet Pg. 188 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 8 of 12 8. STATE PERMITTING PROCESSES. Nothing in this Agreement precludes a Party from requesting that the Corps release water temperature or water quality modeling and analysis information to the State in support of a 401 water quality certification application or the State fish and wildlife mitigation planning process before such information is made publicly available. The requesting Party shall coordinate in good faith with the other Party to this Agreement prior to making any such request of the Corps. 9. PAYMENT FOR WORK. The Parties agree to the following terms and conditions regarding payment for work on the models. 9.1. The City will contribute $100,000 to the Northern Integrated Supply Project Water Activity Enterprise toward the cost of the present modeling work by Hydros to develop the Main Stem Temperature Model. 9.2. If the North Fork Temperature Model, whether alone or integrated with the Main Stem Temperature Model, is executed for any NISP analysis pursuant to Paragraph 3, the Northern Integrated Supply Project Water Activity Enterprise will contribute to the City $40,000 toward the cost of the modeling work by CDM Smith to develop the North Fork Temperature Model. 9.3. If the NISP Mass Balance Model is executed for any Halligan Project analyses pursuant to Paragraph 4, the City will contribute to the Northern Integrated Supply Project Water Activity Enterprise $70,000 toward the cost of the modeling work by Hydros to develop the NISP Mass Balance Model. 9.4. If the Halligan Mass Balance Model is executed for any NISP analyses pursuant to Paragraph 5, the Northern Integrated Supply Project Water Activity Enterprise will contribute to the City $30,000 toward the cost of the modeling work by CDM Smith to develop the Halligan Mass Balance Model. 9.5. The City and Northern Water will mutually agree on cost allocation for any future work, if required, on the North Fork Temperature Model, the Main Stem Temperature Model, the Halligan Mass Balance Model, and the NISP Mass Balance Model that is beyond the current scope of work. 10. RIGHT TO TERMINATE DUE TO UNACCEPTABLE DELAY. This arrangement assumes that any work undertaken by Hydros as a third-party contractor for the Halligan Project will not interfere with the timely performance of Hydros’ existing obligations as a third-party contractor for the NISP analysis. In the event this arrangement presents an unacceptable delay to either Party, either Party may terminate this arrangement prior to the sharing of any of the models, upon written notice to the other Party. 11. FISCAL CONTINGENCY. Notwithstanding any other provision of this Agreement to the contrary, the obligations of Fort Collins and Northern Water (“Public Entity” in this paragraph) in fiscal years after the fiscal year of this Agreement shall be subject to appropriation of funds sufficient and intended therefor, with the Public Entity having the sole discretion to 1 Packet Pg. 189 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 9 of 12 determine whether the subject funds are sufficient and intended for use under this Agreement, and the failure of the Public Entity to appropriate such funds shall be grounds for the Public Entity to withdraw from this Agreement with written notice pursuant to Paragraph 16. 12. REMEDIES. If either Party fails to comply with the provisions of this Agreement, the other Party, after providing written notification to the noncomplying Party, and upon the failure of the noncomplying Party to achieve compliance within thirty-five (35) days, may seek all such remedies available under Colorado law. 13. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and the Parties are only benefitted to the extent provided under the express terms and conditions of this Agreement. 14. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in accordance with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, as well as the Parties’ respective bylaws, city charters and codes, and rules and regulations, impose certain legal constraints on each Party and that the Parties intend to carry out the terms and conditions of this Agreement subject to those constraints. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 15. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. Nothing in this Agreement shall be construed as any waiver of governmental immunity of the Parties who are governments or any other governmental provisions of State law. Specifically, by entering into this Agreement, neither Party waives the monetary limitations on liability or any other rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. § 24-10-101, et seq., or any successor or similar statutes of the State of Colorado. 16. NOTICES. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of five (5) business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 epotyondy@fcgov.com 1 Packet Pg. 190 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 10 of 12 and: Fort Collins Utilities Attn: Water Resources Manager 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522-0580 ddustin@fcgov.com; ajokerst@fcgov.com To Northern Water: General Manager 220 Water Avenue Berthoud, Colorado 80513 17. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties regarding the matters addressed herein. This Agreement binds and benefits the Parties and their respective successors. Covenants or representations not contained in this Agreement regarding the matters addressed herein shall not bind the Parties. 19. REPRESENTATIONS. Each Party represents to the other parties that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. 20. ASSIGNMENT. No Party may assign any rights or delegate any duties under this Agreement without the written consent of all other Parties. [Remainder of Page Left Blank Intentionally] 1 Packet Pg. 191 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 11 of 12 CITY OF FORT COLLINS, COLORADO, a Colorado home rule city By: ______________________________________ Darin A. Atteberry, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office 1 Packet Pg. 192 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Page 12 of 12 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a political subdivision of the State of Colorado, acting by and through its NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE By: ______________________________________ Eric Wilkinson, General Manger ATTEST: By: ______________________________________ 1 Packet Pg. 193 Attachment: Exhibit A (4711 : Sharing of Water Quality Modeling RESO) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2016-063 Adopting the 2016 City of Fort Collins Strategic Plan. EXECUTIVE SUMMARY The purpose of this item is to request City Council’s approval of the City’s 2016 Strategic Plan. Council reviewed the City’s draft 2016 Strategic Plan at a work session on March 22, 2016. Based on that review, staff provided Council a red-line version of the proposed changes from the document reviewed on the 22nd and asked for additional input or changes. Staff provided a final version reflecting Council’s input on May 31st and has moved forward with the 2016 Strategic Plan document as an integral input to the City’s Budgeting For Outcomes (BFO) process. Council has asked to formally adopt the 2016 Strategic Plan. It reflects the City’s Strategic Objectives, priorities and focus over the next 3-5 years and is used as a foundation document within other efforts across the City. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Strategic Plan is developed based on input from the community, council priorities and all departments across the City. An extensive public outreach effort included meetings with multiple community groups, boards and commissions, and utilizes an extensive citizen survey that together provides an understanding of current community needs and priorities. Council priorities as defined during the Council retreat and other discussions are integral inputs to the process. Staff considered emerging needs associated with the City’s Long Term Financial Plan, Strategic Risk Assessment and Capital Improvement Plan. Department priorities and needs are included based on requirements to achieve area Master Plans, emerging legislative issues, work force trends and other considerations. Staff condensed this information into Strategic Objectives aligned under each of the seven Key Outcomes to create a framework that defines the focus and priorities for the City over the next 3-5 years in support of achieving the City’s overall City Plan vision. The Strategic Plan is shared with the organization at the beginning of the Budgeting for Outcomes (BFO) process as the guiding document for staff to develop budget proposals to achieve the Strategic Objectives within the Strategic Plan. BFO teams evaluate and rank the budget proposals based on their assessment of which proposals best achieve and support the Strategic Objectives. 19 Packet Pg. 194 Agenda Item 19 Item # 19 Page 2 BOARD / COMMISSION RECOMMENDATION Boards and commissions were included as part of the overall public outreach efforts in the development of the 2016 Strategic Plan PUBLIC OUTREACH There was significant outreach conducted across the community at various events and organizational meetings, including boards and commissions. That feedback was summarized and then included as an important input into the crafting of the 2016 Strategic Plan. 19 Packet Pg. 195 -1- RESOLUTION 2016-063 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2016 CITY OF FORT COLLINS STRATEGIC PLAN WHEREAS, the City of Fort Collins 2016 Strategic Plan (the “2016 Strategic Plan”) was developed after extensive public outreach, including the recently completed Citizen Survey, discussion and consideration of community needs and priorities; and WHEREAS, the 2016 Strategic Plan is based on such input from the community, input from all departments across the City organization, and City Council priorities; and WHEREAS, development of the 2016 Strategic Plan considered emerging needs and priorities associated with the City’s Long Term Financial Plan, Strategic Risk Assessment and Capital Improvement Plan; and WHEREAS the 2016 Strategic Plan is also linked to City Plan, department priorities and needs to achieve adopted area Master Plans, emerging legislative issues, work force trends, and other considerations; and WHEREAS, the 2016 Strategic Plan reflects the City’s strategic objectives and priorities in each of seven Key Outcomes over the next three to five years; and WHEREAS, at its work session on March 22, 2015, City Council reviewed the 2016 Strategic Plan and provided input, which staff incorporated, and a final version of the 2016 Strategic Plan was provided to Council on May 31, 2016; and WHEREAS, the 2016 Strategic Plan is the basis of the City’s budget and operational plan for 2017 and 2018 and provides integral input into the City’s Budgeting for Outcomes process currently underway to prepare the City’s 2017-18 budget for presentation to City Council; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City of Fort Collins and to formally adopt the 2016 Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City of Fort Collins 2016 Strategic Plan attached hereto as Exhibit A is hereby approved and adopted. Packet Pg. 196 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 197 STRATEGIC PLAN 2016 EXHIBIT A 1 Packet Pg. 198 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 1 Packet Pg. 199 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 1 It is my pleasure to present the 2016 City of Fort Collins Strategic Plan. This plan is our roadmap to achieve the City’s vision of providing world-class municipal service through operational excellence and a culture of innovation. It clearly identifies objectives that support the City’s seven key outcome areas: Neighborhood Livability and Social Health, Culture and Recreation, Economic Health, Environmental Health, Safe Community, Transportation, and High Performing Government. This plan reflects the priorities and values of Fort Collins residents, businesses and community partners as identified through the Citizen Survey, focus groups and community engagement efforts. In turn, the plan directly influences the City’s biennial budget development process, as well as our daily operations as we continually strive to improve the services we provide. I sincerely appreciate every community member who provided their time and input to the process, the Mayor and Council for their leadership, and City staff for their hard work and commitment to Fort Collins. Sincerely, Darin Atteberry City Manager Letter from the City Manager 1 Packet Pg. 200 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 2 2016 STRATEGIC PLAN 1 Packet Pg. 201 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 3 Contents I. Introduction 4 II. Summary Matrix of Strategic Objectives 10 1. – Neighborhood Livability & Social Health 14 2. – Culture & Recreation 18 3. – Economic Health 22 4. – Environmental Health 26 5. – Safe Community 30 6. – Transportation 34 7. – High Performing Government 38 III. Community Dashboard 42 IV. Strategy Maps 50 V. Long-Term Financial Plan 54 Appendix A. Strategy Maps 58 - Alignment of Performance Measures to Strategic Objectives B. Strategic Objectives 66 - Linkage Across Outcomes C. Glossary of Terms 76 1 Packet Pg. 202 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 4 2016 STRATEGIC PLAN The City of Fort Collins is a full-service municipal organization operating under a home rule, Council-Manager form of government. Various national organizations and magazines recognize Fort Collins as one of the best places to live in the nation. Sixty miles north of Denver, Fort Collins is home to Colorado State University (CSU), with 32,000 students, several large high- tech employers, and leading businesses in the brewing industry. The community includes 43 natural areas, a variety of cultural amenities, and is renowned for its bike-friendly, small-town feel. It has access to outdoor activities and local cultural amenities. With a median age of 29 and a median family income of more than $76,786 in 2014, residents are well educated, engaged in their community and passionate about their area amenities. The high quality of life enjoyed by residents, businesses and visitors is a result of the community’s focus on the environment, enthusiasm for health and the outdoors, a strong educational system, extensive park and open space systems, and a flourishing Downtown district. At the same time, 19 percent of the Fort Collins population is at or below the poverty line and housing is considered expensive. There is also less diversity than the national average with only 11 percent of the community identifying themselves as an ethnicity other than white. Fort Collins has experienced rapid growth throughout the past 50 years; from approximately 25,000 residents in 1960 to an estimated 161,000 today. During that time, the City purposefully established a Growth Management Area (GMA) boundary with neighboring communities in order to maintain the local identity and avoid merging communities. Over the past Introduction 1 Packet Pg. 203 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 5 25 years, the City has acquired open space and conservation easements to create community separator open spaces to support that effort. It is estimated the City will be fully built out within the GMA by 2030, with approximately 255,000 residents. The City’s revenue comes from sales and use tax, property tax, fees and grants. Seventy-three percent of the General Fund is supported by sales, use and property tax. The City weathered the most recent economic slowdown with fairly stable revenues. It has a healthy fund balance position and limited debt. As a result, the City received an Aaa credit rating from Moody’s Investors Service in 2012. Voters have demonstrated willingness to support critical City services by adding the Keep Fort Collins Great 0.85 percent sales and use tax in 2010 and renewing two expiring taxes in 2015. Those expiring taxes were for the Building on Basics Capital Projects 0.25 percent sales and use tax and the Street Maintenance Program 0.25 percent sales and use tax which passed by 80.5 percent and 84.5 percent of voters, respectively. The City is actively working to diversify revenue, broaden the City’s revenue sources, create a more sustainable revenue base and reduce the City’s dependency on Sales Tax. The City provides a full range of services, including: • Police • Fire Protection through a local Authority • Streets, Transportation & Transit infrastructure • Parks, Recreation, Natural Areas & Cultural facilities • Planning, Engineering & Community services 1 Packet Pg. 204 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 6 2016 STRATEGIC PLAN VISION MISSION VALUES VISION: To Provide World-Class Municipal Services through Operational Excellence and a Culture of Innovation MISSION: Exceptional Service for an Exceptional Community VALUES: Outstanding Service - Innovation & Creativity - Respect - Integrity - Initiative - Collaboration & Teamwork - Stewardship The City of Fort Collins is an organization committed to high-quality public service and is a nationally recognized leader in the use of leading-edge management practices. As a best practice, the City focuses on data-driven decision-making, long-term effects, and continuous improvement. In 2005, the City adopted the Budgeting for Outcomes (BFO) process to improve transparency and ensure resources are focused on community priorities. The City of Fort Collins aspires to provide world-class services to the community while cultivating an outstanding organizational culture for its employees. In order to achieve this vision, both internal and external services are data- driven and implemented according to organizational values. The City develops resiliency and sustainability through organization-wide systems and processes that ensure consistent employee work practices and alignment across service areas. The City places a high value on citizen input and strives to include them as fellow problem solvers whenever possible. Residents can not only expect to receive exceptional service, but also to have the opportunity to engage with decision-makers, provide input regarding the way City resources are allocated, and have access to government information in a timely and transparent manner. Vision, Mission & Values 1 Packet Pg. 205 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 7 The City of Fort Collins uses a Sustainability Assessment framework to evaluate the “triple bottom line” implications of municipal decisions, as appropriate. The framework assesses the economic, environmental and social factors of each decision, thereby increasing awareness and often revealing ways that decisions can mitigate negative impacts and improve overall outcomes. This process creates a “healthy tension” and balance to City decisions, ensures one aspect of the triple bottom line does not dominate the decision-making process and reduces impacts when trade-offs are unavoidable. Economic Factors include the fiscal health of the community, diverse job creation, talent management and creating an innovative and entrepreneurial atmosphere in which businesses that align with community values thrive. Environmental Factors include water, land and air stewardship, such as watershed and water conservation. Other factors include the Poudre River health and ecosystem protection, and reducing our air emissions and carbon footprint through energy policies, compact development, greening the built environment, efficient transportation options and waste reduction programs. Social Factors include a high quality, safe community with equal access to services; strong, connected neighborhoods; and high quality amenities including cultural, recreational, open space and transportation options. The engagement of arts, culture and access to nature is a key element in creating a welcoming and healthy atmosphere. Common factors include strong partnerships and commitment to a high quality of life. The City embraces a wide variety of partnerships (e.g., other government agencies, non-profits, educational institutions and private entities). These partnerships are local, regional, national and international. Strong and effective partnerships are important in achieving our strategic objectives. Economic, Environmental & Social Factors 1 Packet Pg. 206 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 8 2016 STRATEGIC PLAN Guiding Themes & Principles The City of Fort Collins continuously improves seven Key Outcome Areas: Neighborhood Livability and Social Health, Culture and Recreation, Economic Health, Environmental Health, Safe Community, Transportation and High Performing Government. The City budget is divided among these seven areas, and revenue is allocated to support policies and initiatives that drive improvement in outcomes. Each Outcome Area includes several more specific attributes, referred to as objectives, that define different focus areas. While each Outcome Area has unique defining characteristics, City investment in a single objective regularly impacts more than one outcome. The City recognizes that Outcome Areas are interdependent and interconnected. Appendix B shows the impact each Strategic Objective has across all seven Key Outcomes. Major themes and areas of focus within the Strategic Plan, identified through Citizen Surveys or as a Council Priority, include: 1. Climate Action Planning – Identifying and implementing initiatives that achieve the City’s Climate and Zero Waste goals while maintaining economic vitality and social health 2. Vibrancy – Maintaining the City’s “Sense of Place“ and the vibrancy of our Downtown and commercial districts 3. Housing Affordability – Working with partners to ensure access for all to quality housing that is affordable for them and meets their needs 4. Traffic & Trains – Finding solutions to increasing congestion, improving the safety and accessibility of pedestrian and bicycle modes of transportation, and reducing the impact of train delays at major intersections 1 Packet Pg. 207 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 9 Strategic Advantages & Challenges ADVANTAGES: 1. A supportive and engaged community 2. A culture of excellence and of continuous improvement driven by the City’s Vision, Mission and Values 3. Engaged and committed employees with a strong focus on customer service 4. Collaborative local partners, such as Poudre School District, CSU, local service providers and primary employers 5. National recognition for the local quality of life 6. Municipal ownership of four essential Utilities – Light & Power, Water, Wastewater and Stormwater 7. Strong revenue and City balance sheet, and diverse local economy CHALLENGES: 1. Expiring revenue stream 2. Attracting, retaining and developing high quality employees 3. Balancing competing citizen desires and changing customer expectations 4. Transitioning from a large town to a small city, including housing that is affordable, as well as transportation and traffic issues 5. Embracing and cultivating diversity and inclusivity In addition to the major themes just described, staff has identified strategic advantages and challenges. Advantages are those strengths and attributes that will enable the City to achieve the Strategic Objectives described later in this document. Challenges reflect those attributes that could impair the City’s ability to achieve the Strategic Objectives. Each of the challenges described below are reflected in one or more Strategic Objective so that the challenges will be addressed by staff in future budget proposals. The Strategic Objectives associated with each Key Strategic Outcome are described in the following tables. The Strategic Objectives are not listed in priority order and it should not be interpreted that a Strategic Objective early in the list is a greater priority than one later in the list. Subsequent sections of this document provide bullet details underneath each Strategic Objective. The bullets are intended to provide additional context for each Strategic Objective in the areas of why it is important and how it might be accomplished. 1 Packet Pg. 208 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 10 2016 STRATEGIC PLAN NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH CULTURE & RECREATION Provide a high quality built environment, support quality, diverse neighborhoods and foster the social health of citizens Provide diverse cultural and recreational amenities 1.1 Improve access to a broad range of quality housing that is safe, accessible and affordable. 1.2 Leverage and improve collaboration with other agencies to address homelessness, poverty issues and other high priority human service needs. 1.3 Promote a more inclusive and equitable community that embraces and celebrates diversity. 1.4 Protect and preserve the City’s quality of life and neighborhoods. 1.5 Guide development compatible with community expectations through appropriate planning, annexation, land use, historical preservation and development review processes. 1.6 Improve neighborhood parking and traffic issues. 1.7 Maintain and enhance attractive neighborhoods through City services, innovative enforcement techniques and voluntary compliance with City codes and regulations. 1.8 Foster positive and respectful neighbor relationships and open communication, as well as provide and support conflict resolution. 2.1 Improve the community’s sense of place with a high value on natural areas, culture, recreation and park systems. 2.2 Improve low and moderate income citizen access to, and participation in, City programs and facilities. 2.3 Promote health and wellness within the community and provide sustainable access to nature. 2.4 Develop effective marketing and pricing strategies and programs that drive value, attendance and cost recovery. 2.5 Plan, design and implement improvements to the citywide trail system. 2.6 Develop a clear strategic description of the City’s role in culture and arts while leveraging partnerships with other community organizations. KEY STRATEGIC OUTCOMES STRATEGIC OBJECTIVES Community Dashboard Outcome Metrics Community Dashboard Outcome Metrics 1. Affordable Housing Inventory 2. Cumulative Number of Noise Complaints 3. Fort Collins’ Housing Opportunity Index (HOI) compared to western states region HOI 4. Response Time to Graffiti Removal 5. Voluntary Code Compliance 1. Gardens on Spring Creek CITY OF FORT COLLINS 11 4.1 Achieve Climate Action Plan (CAP) goals by reducing greenhouse gases (GHGs). 4.2 Protect and provide a high-quality water supply and implement appropriate conservation efforts and long-term water storage capability. 4.3 Engage citizens in ways to educate and encourage behaviors toward more sustainable living practices. 4.4 Implement indoor and outdoor air quality improvement initiatives. 4.5 Work towards long term net zero energy goals within the community and the City organization using a systems approach. 4.6 Work towards long term zero waste goals within the community and the City organization. 4.7 Increase the community’s preparedness and resiliency for changes in climate, weather and resource availability. 4.8 Expand, improve, restore and protect wildlife habitat, urban forests and the ecosystems of the Poudre River and other urban ecosystems. 4.9 Meet all regulatory requirements while supporting programs that go beyond compliance. KEY STRATEGIC OUTCOMES STRATEGIC OBJECTIVES ENVIRONMENTAL HEALTH Promote, protect and enhance a healthy & sustainable environment Community Dashboard Outcome Metrics Community Dashboard Outcome Metrics 1. Community Energy Use 2. Outdoor Air Quality Index (AQI) - Fine Particulate Matter 2.5 microns (PM 2.5) 3. Outdoor Air Quality Index (AQI) - Ozone 4. Wastewater Treatment Effectiveness Rate (%) 1. Commercial Vacancy Rates 2. Cumulative New Residential Permit Unit Volume 3. Electric System Average Interruption Duration Index (SAIDI) in Minutes 4. Local Unemployment Rate 5. Lodging Occupancy Rates 6. Net Percent Change in Local Jobs 7. New Commercial Permit Dollar Volume per Capita ECONOMIC HEALTH Promote a healthy, sustainable economy reflecting community values 3.1 Improve effectiveness of economic health initiatives through collaboration with regional partners. 3.2 Enhance employment opportunities through business retention, expansion, incubation and attraction. 3.3 Support workforce development and provide community amenities that support citizens and employers within the city. 12 2016 STRATEGIC PLAN 5.1. Improve community involvement, education and regional partnerships to make our community safer and stronger. 5.2. Enhance our Police Services capability to foster public trust and create a safer community. 5.3. Partner with Poudre Fire Authority to provide high quality fire and emergency services. 5.4. Develop and implement emergency preparation and resiliency plans in collaboration with other regional efforts. 5.5. Protect life and property with natural and attractive flood mitigation facilities. 5.6. Optimize the use of data and technology to improve service and protect mission critical infrastructure. 6.1 Improve safety for all modes of travel including vehicular, pedestrian and bicycle. 6.2 Improve traffic flow to benefit both individuals and the business community. 6.3 Identify strategies to reduce motorist delays due to trains. (NEW) 6.4 Improve transit availability, grow ridership and address MAX parking concerns. 6.5 Fill the gaps for all modes of travel and improve the current transportation infrastructure while enhancing the aesthetic environment. 6.6 Develop long-term transportation plans that improve local and regional transportation networks. 6.7 Develop plans that address adequate infrastructure within the northeast area of Fort Collins. KEY STRATEGIC OUTCOMES STRATEGIC OBJECTIVES TRANSPORTATION Provide for safe & reliable multi-modal travel to, from, and throughout the city Community Dashboard Outcome Metrics 1. Average quarterly response time of priority one calls 2. Drinking Water Compliance Rate (% Days) 3. Number of Injury/Fatal Crashes 4. Part 1 Crimes per Capita Compared to Cities of Similar Size 5. % of Time Fire Contained to Room of Origin 6. % of Time PFA Fire Personnel are on Scene Within 5 Minutes 45 Seconds Community Dashboard Outcome Metrics 1. Average Travel Speeds/Times on Arterial Streets 2. Cumulative Lane Miles of Roadway Pavement Improved 3. Cumulative Transfort Fixed Route Ridership 4. Transfort Fixed Route Passengers per Revenue Hour SAFE COMMUNITY Provide a safe place to live, work, learn and play 7.1 Provide world-class services that meet the needs of the CITY OF FORT COLLINS 13 7.4 Develop and implement initiatives to achieve safety goals and continue to focus on employee health and wellness. 7.5 Broaden methods of public engagement to reach all segments of the community by giving additional consideration to diverse backgrounds, languages and needs. 7.6 Enhance the use of performance metrics and benchmark data to assess results and program effectiveness. 7.7 Address long-term funding requirements by diversifying the revenue base and finding new revenue sources. (NEW) 7.8 Optimize the use of City assets through capital improvement planning, preventative maintenance and asset management. (NEW) 7.9 Proactively influence policy and legislative development at all levels of government regulation. STRATEGIC OBJECTIVES Community Dashboard Outcome Metrics 1. Accuracy of Budgeted Expenses ($ millions) 2. Actual Revenue Compared to Budget ($ millions) 3. Average Response Time of Cases Submitted to Access Fort Collins 4. City Employee Cumulative Turnover Rate 5. City Employee Safety - Days Away Restricted or Transferred (DART) Rate YTD 6. City Employee Safety - Total Recordable Injury Rate (TRIR) YTD 1 Packet Pg. 212 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 14 2016 STRATEGIC PLAN Neighborhood Livability & Social Health Fort Collins provides a high quality built environment, supports quality, diverse neighborhoods, and fosters the social health of citizens. Fort Collins is a healthy and vibrant community that is currently transitioning from a large town to a small city with a small-town feel. As this transition occurs, our goal is to create a walkable city where people want to live, work and play. The City is committed to creating a desirable urban environment that recognizes the importance of the form of the environment (e.g., community architecture, historic preservation and pedestrian-oriented environments) and preserving and protecting neighborhood character while creating a safe, beautiful and friendly experience for all residents and visitors. Development and growth are focused within the community’s designated Growth Management Area to protect natural resources and the regional landscape, encourage (where appropriate) infill and redevelopment and maximize the efficient use of public infrastructure. The City recognizes our existing neighborhoods and actively seeks to preserve and support their vibrancy while continuously improving communication avenues. As the City grows and redevelops, our vision is an overall average increase in density that fosters efficient land use; supports a mix of housing types integrated with activity centers and diverse businesses; increases the safety and efficiency of public utilities, streets, facilities and services; and accommodates multiple modes of travel (including vehicle, bus, bike and pedestrian). Alternative transportation modes and access to key health and human service facilities are a priority. The aesthetics of urban form, connectivity and nature are used to create an attractive design. Land uses are brought together in a development pattern designed to create a pleasant environment for walking 1 Packet Pg. 213 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 15 and bicycling, as well as automobile and transit travel. Distinctive, attractive and functional building and streetscape design, thoughtfully preserving valuable historic resources, and incorporating public art are key parts of community livability. A wide variety of housing types, including single-family, duplexes, townhomes, apartments, mobile homes, and condos/ lofts, are offered so that people from all income levels may have choices for safe, affordable and quality housing in various neighborhoods throughout the community. Improving walkability and connectivity across all neighborhoods is also a priority. Neighborhood Livability and Social Health also addresses challenges related to leading active lifestyles, and the accessibility of health and human service facilities for all segments of the community while protecting the character of our neighborhoods. Neighborhood Livability and Social Health is related to human well-being and wellness, and to opportunities for residents to work together, to be self-sufficient, and to live, work and travel within the community. It also supports local food production to improve the availability and accessibility of healthy foods. Neighborhood Livability and Social Health includes: • A compact pattern of development within a well-defined community boundary • Adequate and safe public facilities, services and infrastructure to serve existing development and new growth • Interconnected neighborhoods and ways to accommodate multiple means of travel • Opportunities for redevelopment, revitalization and growth in targeted areas • Cohesive, distinct, vibrant, safe and attractive neighborhoods • Vital and appealing transit-oriented activity centers and destinations throughout the city • Quality, accessible and affordable housing options for all household types and income levels • Preservation and enhancement of historic resources • Visible and accessible nature in the city with an interconnected system of open lands • Opportunities to lead active and healthy lifestyles • Access to healthy, locally grown or produced food • Addressing the impact of increasing poverty and homelessness • A welcoming, inclusive community where all residents and visitors feel valued, safe and connected • Equal access to City services, amenities, and information for all neighborhoods Definition & Descriptions 1.1 Improve access to a broad range of quality housing that is safe, accessible and affordable. • In 2013 and 2015, residents identified housing affordability as a high priority during community outreach sessions. In the 2015 Citizen Survey, Fort Collins ranked 15th out of 17 jurisdictions surveyed for “availability of affordable 16 2016 STRATEGIC PLAN access to affordable rental units for all impacted residents. In addition, housing strategies should consider the needs of a growing homeless population. • Focus should also include creating a broader range of housing options and working to improve regulatory and supply issues. • Housing - A Place to Call Home is one of four themes in the Social Sustainability Strategic Plan that addresses opportunities to increase affordable ownership and supply of affordable rental housing. 1.2 Leverage and improve collaboration with other agencies to address homelessness, poverty issues and other high-priority human service needs. • Multiple public and private organizations work to address and improve social, environmental and economic issues within the community and the region. • Collaboration and partnering can improve the overall effectiveness of programs through the synergy of joint efforts, eliminating redundancy and identifying underserved areas. • Support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, national origin, race/ ethnicity, gender, relationship status, religion or sexual orientation. 1.3 Promote a more inclusive and equitable community that embraces and celebrates diversity. • The community and the City organization are growing increasingly more diverse in areas of age, ethnicity and culture. • Support and promote events and programs that recognize, celebrate and inform on matters of social and cultural diversity. • Establish methods of communication that consider barriers such as access to technology, language, and literacy. • Support and promote efforts to increase diversity in hiring and public outreach to acknowledge, reflect and account for changing community demographics. • Support and promote collaborative partnerships among community groups to create education and awareness programs that can help celebrate and acknowledge differences while bringing people together to maintain a strong CITY OF FORT COLLINS 17 • The character of many neighborhoods is changing as student housing expands, higher density development occurs and the desires of a diverse population change. • Fort Collins’ population is expected to grow by 50 percent over the next 20 years, and the City currently has more than $2B of significant construction projects in process. • Partnerships are needed with CSU to assess impacts and collaboratively align efforts. • Improve processes to effectively manage growth consistent with City plans and goals while maintaining the quality of development reviews. • Emphasis should be placed on preserving the iconic and architectural elements of our neighborhoods. 1.6 Improve neighborhood parking and traffic issues. • Continue developing and implementing a neighborhood parking permit program to provide residents with on-street parking availability. • Decrease non-neighborhood generated traffic. • Address impact of Transit Oriented Development (TOD) on residents and businesses. • Encourage attractive, pedestrian- friendly urban design. • Promote transportation choices to reduce traffic in residential neighborhoods. 1.7 Maintain and enhance attractive neighborhoods through City services, innovative enforcement techniques and voluntary compliance with City codes and regulations. • Establish proactive, innovative and effective code enforcement processes. • Expand and maintain safe parks and open spaces, and implement Safe Routes to Everywhere. • Ensure that all neighborhoods have safe and well-maintained sidewalks so all residents can safely walk or bike to parks, schools and playgrounds. • Partner with public health, law enforcement, planners and civic groups to improve neighborhood safety, clean up litter and graffiti, and prevent vandalism so neighborhoods are and feel safe and clean for the enjoyment of all. • Increase policing in high crime areas, pedestrian walkways and parks, 18 2016 STRATEGIC PLAN Culture & Recreation Fort Collins provides diverse cultural and recreational amenities. Cultural and recreational opportunities are elemental to Fort Collins’ sense of place and help create a desirable community in which to live and play. Residents consistently place a high value on these programs and services, believing the City should continue its strong investment in these amenities. The City’s park and trail systems are also highly valued and heavily used. The planned build-out of the trail system is a high priority for residents and will create further connectivity across Fort Collins. Cultural and recreational facilities and programming allow our residents opportunities to lead enriched and healthy lives, and support overall community wellness. Arts and culture are enjoyed by residents and visitors alike. Similarly, parks and trails provide beautiful public spaces that foster physical activity and create opportunities for creativity, reflection and leisure. The quality of our parks, trails, and arts, culture and recreation programs and opportunities create a sense of pride among residents, while also drawing visitors and revenue into the City. In many respects, our parks, trails, recreational programs and cultural services define, and will continue to define, who we are as a community. These amenities have a direct link to Economic Health. Environmental Health is also improved through parks and trails providing access to nature, including the Poudre River, and surrounding wildlife habitat. The City values stewardship of these resources. 1 Packet Pg. 217 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 19 Providing diverse Culture and Recreation amenities includes: • Ensuring the legacy of Fort Collins’ parks, trails, and cultural and recreational facilities for future generations • Providing a wide variety of high quality recreation services and cultural opportunities • Creating an interconnected regional and local trail network of parks and accessible recreational facilities • Continuing a strong focus on exceptional stewardship and ecologically sound and sustainable operations Definition & Descriptions 2.1 Improve the community’s sense of place with a high value on natural areas, culture, recreation and park systems. • The City provides multiple high-quality and diverse opportunities for culture and recreation through various trails and lands, facilities, programs and infrastructure. • Place priority on maintaining and repairing our infrastructure of parks, recreation centers, trails and cultural facilities. • Enhance and expand infrastructure to support a growing population and demand for services. • Provide innovative, creative and interactive features in parks and cultural and recreational facilities. • Improve access to various competitive sports needs through regional partnerships. 2.2 Improve low and moderate income citizen access to, and participation in, City programs and facilities. • Ensure low income residents who cannot afford public or private alternatives have access to recreation and program opportunities. • Serve diverse customer needs and ensure convenient and affordable access for all residents. • Develop incentive and support pricing structures that allow participation in programs and facilities by low and moderate income citizens. 2.3 Promote health and wellness within the community and provide sustainable access to nature. • Fort Collins enjoys a unique appeal due to our open spaces, access to mountains, parks and trail systems, high quality school system, and an individual identity separate from neighboring communities. • Expand and enhance City open space lands and the trail network to increase access to nature. Focus on maintaining the City’s trees. • Promote urban farming, including community gardens, local food 20 2016 STRATEGIC PLAN 2.5 Plan, design and implement improvements to the citywide trail system. • Trails have been identified by residents as one of the highest priority amenities provided by the City. • Explore alternatives that accelerate the trail system completion, taking into consideration right-of-way acquisition, easements and other public infrastructure challenges. 2.6 Develop a clear strategic description of the City’s role in culture and arts while leveraging partnerships with other community organizations. • Through the Lincoln Center, Gardens on Spring Creek, Museum of Discovery and other cultural services, the City provides programs and services to the community beyond traditional parks and recreation centers. • Continue to grow and expand cultural amenities and services in a thoughtful manner. • Continue to support and promote the arts and encourage cultural development and participation. 1 Packet Pg. 219 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 21 1 Packet Pg. 220 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 22 2016 STRATEGIC PLAN Economic Health Fort Collins promotes a healthy, sustainable economy reflecting community values. The City plays a critical role in shaping quality of life, creating a sense of place and providing fiscal stability for the community. Defining “sense of place” requires acknowledging various perspectives from across the spectrum of the Fort Collins community. Priorities for sustaining economic health are: maintaining the City’s role as a regional economic center, continuing collaboration with CSU and other regional participants, and supporting cultural amenities. A sustainable economy exists when residents can find employment and can afford housing that allows them to live in the community; businesses are able and encouraged to start, remain and expand in the community; and everyone can expect quality City services and sustainable, attractive infrastructure. Economic Health depends on a safe community. The City’s approach to Economic Health is one of “place-making” (a decision- making approach intended to preserve and enhance a vibrant community by optimizing its economy, environment and social values). The City develops programs that create an atmosphere where businesses thrive. Economic development efforts center on established Targeted Industry Clusters including Clean Energy, Water Innovation, Bioscience, Technology, Uniquely Fort Collins, Local Food, Advanced Manufacturing, and Healthcare. In addition, the City and businesses prosper when a skilled workforce meets the needs of local employers, and fruitful partnerships are created with other economic development organizations. The Loveland/Fort Collins Airport is an important community asset that can enhance the economic activity within the community. New opportunities and challenges exist related to adequate technological 1 Packet Pg. 221 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 23 infrastructure designed to support a knowledge-based economy and employment competition. Numerous prospects are emerging for redevelopment and infill. Priorities include efforts to foster entrepreneurship, grow and attract primary employers, remain a retirement and tourism destination, and support and strengthen existing businesses related to leading active lifestyles, and the accessibility of health and human service facilities for all segments of the community while protecting the character of our neighborhoods. Neighborhood Livability and Social Health is related to human well-being and wellness, and to opportunities for residents to work together, to be self-sufficient, and to live, work and travel within the community. It also supports local food production to improve the availability and accessibility of healthy foods. A healthy and resilient economy includes: • Diverse jobs that enable citizens and businesses to thrive • A reflection of our unique community in a changing world • Innovative and entrepreneurial atmosphere that builds new and creative industries • Strong partnership and collaboration with the private sector, educational institutions and other organizations • Comprehensive quality infrastructure that supports businesses • Balance between the built and natural environment Definition & Descriptions 3.1 Improve effectiveness of economic health initiatives through collaboration with regional partners. • The region enjoys the efforts of multiple organizations working to improve economic conditions including CSU, Rocky Mountain Innosphere (RMI), Northern Colorado Economic Alliance (NCEA) and various cluster organizations. • Develop and implement a unified strategy to define the roles, overlap, synergy and approach to improve workforce training, attraction and retention, technical and vocational opportunities, and market the various programs and initiatives deployed by all groups. • Collaboration should include regional and global partners. 3.2 Enhance employment opportunities through business retention, expansion, incubation and attraction. • Evaluate and develop policies, programs and tools that support the City’s Economic Strategy and community values. • Develop programs and opportunities 24 2016 STRATEGIC PLAN • Attraction: Aid businesses considering relocation by promoting the benefits and assets of the community, and the supply identification of real estate and workforce needs consistent with supported industry clusters and primary employers’ supply chain needs. 3.3 Support workforce development and provide community amenities that support citizens and employers within the city. • Primary and secondary employers are increasingly challenged to find and attract skilled workers in technical and vocational areas of manufacturing and healthcare sectors. • Support, encourage and develop programs and policies that promote training opportunities. • Encourage the development of workforce support services, such as child care, that enable employees to live and work within the City. • Develop programs and policies that foster partnerships with regional and state workforce development organizations. 3.4 Provide transparent, predictable and efficient processes for citizens and businesses interacting with the City. • Fort Collins touches businesses from start to finish. Being efficient, clear and transparent with those navigating our processes helps build stronger relationships and enhances our reputation as a place to do business. • Maintain and improve systematic processes to encourage business retention, expansion and creation. 3.5 Foster sustainable infill and redevelopment. • Build-out within the City’s development boundaries is expected over the next 20 to 30 years. Growth will be denser and taller than historical norms and additional infrastructure will be needed to support remaining open field development. • Develop and promote policies and practices that are consistent with climate action goals and strategies. • Develop and promote policies and practices that bridge the tensions inherent with infill development. • Preserve and enhance the features of Fort Collins that make it unique. 3.6 Enhance the economic vitality of our community. • Partner with the Downtown Development Authority (DDA) to CITY OF FORT COLLINS 25 this cost advantage is important to retaining existing primary employers within the city. • Maintain competitive rate structures for utility customers that are consistent with environmental goals. • Design and maintain an electricity distribution infrastructure to facilitate a diverse, efficient, economical, reliable, clean and secure transition to higher levels of renewable energy sources. 3.9 Encourage the development of reliable, high speed internet services throughout the community. • Develop the capability to provide high- speed broadband services throughout the community as they support economic vitality, quality of life and governmental operations. • Develop programs that leverage connectivity and facilitate Smart City goals. 3.10 Identify strategies to reduce train horn noise. • Businesses and residents in proximity to the Mason Corridor are negatively impacted by train horn noise. • Work with the Federal Railroad Administration to identify cost- effective solutions. 1 Packet Pg. 224 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 26 2016 STRATEGIC PLAN Environmental Health Fort Collins promotes, protects and enhances a healthy and sustainable environment. For decades, the City of Fort Collins has led the way in innovative and sustainable environmental programs, such as watershed stewardship, water conservation, low impact development stormwater management, and energy policies. Additional examples include the open lands program, Poudre River restoration, waste reduction programs, air quality and emissions policies, climate action planning, and green building standards. The City has set some of the most aspirational goals in the country for its Climate Action Plan (CAP) to reduce greenhouse gas emissions, which includes becoming carbon neutral by 2050. The community is working to develop individual strategies for achieving those goals in such areas as waste reduction, transportation, energy use reduction and the green built environment. The City’s Natural Areas Program is a core part of the Fort Collins identity and culture. The program has conserved 40,000 acres since its inception, and continues to conserve land while providing an increased emphasis on stewardship, which includes restoring habitat and maintaining visitor amenities, such as trails. Ongoing land conservation efforts focus on local and community separator areas. With regional and global partners, Fort Collins is a leader in implementing policies and programs that engender a more economically efficient, successful and resilient community, while reducing local climate change impacts. Climate change poses an increasingly real and serious threat to the world at large and to the quality of life we value in Fort Collins. Fort Collins Utilities play a critical role in environmental stewardship by protecting the watershed and meeting all regulatory standards, while supporting innovative programs that go beyond compliance, promoting energy and water conservation, efficiency and clean electricity sources. 1 Packet Pg. 225 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 27 A healthy and sustainable environment includes: • Efforts to meet CAP goals and reduce greenhouse gas emissions • Healthy watersheds and best practice stormwater management • A sustainable, high quality water supply • Conserving resources, including energy and water, and cultivating a healthy ecosystem • Responsible stewardship of open lands and natural areas • A comprehensive and connected system of open lands • Partnerships with local, regional, state and national affiliates to achieve desired goals and outcomes • Integrating renewable energy technologies for the electric grid • Monitoring local and regional air quality and supporting programs that improve air quality, such as fugitive dust control measures • Solid waste reduction and diversion Definition & Descriptions 4.1 Achieve Climate Action Plan (CAP) goals by reducing greenhouse gases (GHGs). • Emission reduction strategies to meet greenhouse gas reduction goals are outlined in the CAP Framework, including strategies for buildings, advanced mobility, energy supply and delivery, and waste reduction. • Energy efficiency and conservation is the most cost-effective approach to reduce building-related consumption and GHG emissions. • Develop and implement building codes, green building programs and energy conservation programs that drive efficiency and conservation, and reduce GHG emissions. 4.2 Protect and provide a high quality water supply and implement appropriate conservation efforts and long-term water storage capability. • The watershed acts as a primary water treatment facility, so monitoring and protecting our watershed is critical. • Key local industries rely on a high- quality and reliable water resource. • While the City’s water consumption per capita has declined by approximately 25 percent over the past 10 years, anticipating additional stress on water resources means additional conservation measures, education and programs are needed. • Implement water quality monitoring programs within the urban and lower watersheds to support long-term environmental objectives and beneficial uses of local waterways. • Support initiatives and programs needed to balance water supply and demand in the face of a changing climate and increasing population, ensuring it is available long-term and during times of drought. 28 2016 STRATEGIC PLAN environmental issues are needed to engage the community. Make it fun and simple. • Engage the community to support a shift in behavior and daily practices. 4.4 Implement indoor and outdoor air quality improvement initiatives. • Fort Collins’ ground-level summertime ozone levels continue to be among the highest along the Front Range. Surveys indicate 21-32 percent of Fort Collins households have a member suffering from respiratory disease. • Indoor air quality is typically more than 70 percent worse than outdoor air, and 70 percent of Fort Collins buildings have high radon levels. • Promote strategies, programs and requirements that improve indoor and outdoor air quality, such as the Healthy Homes Program. • Implement fugitive dust control programs from increased infill redevelopment projects. 4.5 Work towards long term net zero energy goals within the community and the City organization using a systems approach. • The building sector is the top energy consumer and is the number one contributor to greenhouse gas emissions. • Existing buildings are responsible for more than 80 percent of electricity and natural gas use, accounting for two- thirds of Fort Collins’ GHG emissions, and costing around $150M per year to operate. Significant opportunities exist through efficiency and conservation (the most cost-effective approach) to reduce impacts. • Support fundamental shifts away from coal-based electricity and fossil fuel use toward renewable energy, which will be needed to meet community GHG and energy goals. • Promote and develop education, training, regulations and incentives needed to address and achieve net zero energy goals. 4.6 Work towards long term zero waste goals within the community and the City organization. • Fort Collins currently diverts about 58 percent of its waste stream, yet the tons of waste to the landfill continue to increase. • Reflecting the fact that flood-generated debris from 2013 was largely taken to CITY OF FORT COLLINS 29 4.8 Expand, improve, restore and protect wildlife habitat, urban forests and the ecosystems of the Poudre River and other urban ecosystems. • The Poudre River has multiple and, at times, competing demands from various users. It is also a natural amenity and ecosystem to be carefully nurtured and maintained. • Create partnerships with local, regional and national organizations that focus on local and regional investments for the maintenance and improvement of stream and river health. • Promote the Nature in the City project, including a comprehensive biodiversity goal, which ensures as our community grows to its build-out population all residents have access to high-quality, natural spaces close to where they live and work. 4.9 Meet all regulatory requirements while supporting programs that go beyond compliance. • The Colorado Department of Health is renewing the effluent discharge permits of the City’s two wastewater facilities. More stringent regulations for nutrients, metals, temperature and ammonia are anticipated. It is also anticipated that more stringent state regulations will be implemented in the next few years. • Wastewater infrastructure improvements are required to meet stringent regulatory and permit thresholds, which present a direct challenge in the face of GHG reduction goals. • Manage, maintain and improve the City’s water and wastewater assets, including treatment facilities and the distribution and collection system. 1 Packet Pg. 228 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 30 2016 STRATEGIC PLAN Safe Community Fort Collins provides a safe place to live, work, learn and play. The City of Fort Collins strives to be a safe and healthy place to live, work, learn and play. Safety and security are important aspects of a sustainable community as they help shape the appeal, viability, productivity and economic stability. The use of technology to improve investigative techniques and communication is important. Ensuring that Fort Collins is a safe community is addressed by many services and programs provided by the City and its partners. Residents often identify immediate actions from Police Services and Poudre Fire Authority as key contributors to their sense of safety. However, the definition of a safe community is broader than emergency responsiveness. It also extends to the City stormwater systems that are founded on best management practices and long-term planning. Safeguarding the community’s infrastructure through design, building regulations and inspections is essential to ensuring a safe community. Key components of community education include prevention and preparedness, regulations and infrastructure investment. The City’s Emergency Management system and many regional, state and federal partners work to minimize and effectively respond to emergency situations. 1 Packet Pg. 229 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 31 A safe and healthy community includes: • A safe, non-threatening city in which to live, work, learn, and play • Proactive and skilled police and fire services • Safe, reliable and best practice floodplain management • An active emergency management system focused on prevention, preparedness and recovery with key partnerships in place to effectively respond to emergency situations Definition & Descriptions 5.1. Improve community involvement, education and regional partnerships to make our community safer and stronger. • Local and regional coordination is essential to a safe community so that all emergency response teams are aligned. • Offers should maximize the resources of local, regional and federal agencies to address safety issues. • Partnerships should continue to support key enforcement and education programs, such as animal control, mental health, substance abuse, detoxification, victim assistance, youth programs, bike safety, county jail and programs to reduce repeat crimes. • Efforts to foster public-private partnerships to address community safety and programs that build community pride and involvement should be continued. • The City could optimize and leverage volunteers as cost-effective staff resources and public advocates. 5.2. Enhance our Police Services capability to foster public trust and create a safer community. • As the community reaches full build- out and a population of approximately 255,000, the type and volume of crimes and community support will change, requiring additional police resources and skill levels. • While keeping current with innovative and best practices, Police Services will focus on training staff in methods and practices consistent with the needs and issues within the community. • Provide facilities, equipment, technology and training capabilities to enable a high quality police force. • Develop more diversified police operations that support neighborhood policing and engage citizens in new ways that promote trust and community connectivity. 5.3. Partner with Poudre Fire Authority to provide high-quality fire and emergency services. • When a fire breaks out, the goal is to contain it within the room of origin. To 32 2016 STRATEGIC PLAN keep department knowledge current and accurate through periodic review and drills. • Prioritizing employee training opportunities and regular certification audits will ensure the workforce is prepared to respond to emergencies at any time. 5.5. Protect life and property with natural and attractive flood mitigation facilities. • Stormwater master plans exist for all basins within Fort Collins; however, many of these plans are outdated. • Funding alternatives should be identified to implement necessary regional improvements. • As infill and redevelopment occurs, continue to integrate stormwater facilities with other Citywide goals (e.g., Nature in the City, recreational opportunities, etc.). 5.6. Optimize the use of data and technology to improve service and protect mission critical infrastructure. • Deploy computers and mobile devices to improve the effectiveness and efficiency of various services across the City, particularly in public safety. • Balance cost with real, tangible benefits to the organization and community. • Use technology to monitor, protect and provide cyber security for mission- critical infrastructure, such as water treatment facilities, the electrical grid, etc. 1 Packet Pg. 231 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 33 1 Packet Pg. 232 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 34 2016 STRATEGIC PLAN Transportation Fort Collins provides safe and reliable multi-modal travel to, from and throughout the City. Transportation planning uses data and analysis to develop and maintain safe and reliable multi-modal travel. It addresses gaps within the transportation network and promotes walkability throughout the community. Priority will be given to managing and, where possible, reducing congestion through physical infrastructure improvements and demand reduction. The City’s existing infrastructure will be highly functioning and well maintained. Reshaping streets to encourage safer speeds and promote a mix of modes (walking, bicycling and transit) is a priority. Street design that blends transportation, social and environmental amenities and provides a variety of benefits will create a sense of place and quality. A transit system that is efficient, productive and aligns with the Transfort Strategic Operating Plan is a priority. Technology will be leveraged to provide innovative sources of information concerning traffic, congestion and transit options. Transportation operations concentrate on reducing congestion, improving air quality and improving safety for all modes of travel. Mitigation strategies to address the impacts of freight rail lines that run through the community could decrease delays and enhance public safety. 1 Packet Pg. 233 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 35 A connected community includes: • Land use and transportation that is fully integrated, both locally and regionally, to create an affordable, accessible, low energy, low impact and efficient transportation system • Multiple modes of safe, affordable, easy and convenient travel • A transportation system that provides safe, reliable, convenient and effective vehicular mobility and access • Travel infrastructure that is high quality and recognized as world class by residents, visitors and peers • Capacity and systems for good traffic flow and minimal congestion • People who are aware of the impact their travel choices have on the transportation system, the environment and the community • Infrastructure and technology to address and mitigate the impact of train delays Definition & Descriptions 6.1 Improve safety for all modes of travel including vehicular, pedestrian and bicycle. • Increase community awareness and concern regarding bicycle and vehicle collisions with the increase in population and bicycle riders. • Appropriate programs, policies, infrastructure improvements (e.g., intersection design) and educational resources are needed to reduce traffic accidents and bike/vehicle accidents. 6.2 Improve traffic flow to benefit both individuals and the business community. • Leverage intelligent technology to maximize system capacity and efficiency. • Increase system efficiency and safety, while focusing on infrastructure deficiencies. • Continue developing a high-quality and efficient transportation infrastructure. 6.3 Identify strategies to reduce motorist delays due to trains. • Work with railways to reduce delays associated with freight-rail lines. • Develop systems and applications that provide citizens information that helps reduce delays. 6.4 Improve transit availability, grow ridership and address MAX parking concerns. • Residents identified transportation and enhanced transit as high priorities during community outreach sessions and in the 2013 and 2015 Citizen Surveys. • A fully functioning transit system requires a level of service that allows the rider to move throughout the city in a timely manner and works seamlessly with other modes of travel. • Service levels will focus on areas of greatest ridership demand and productivity, in accordance with 36 2016 STRATEGIC PLAN bridges, culverts and irrigation ditch crossings that are old and in need of repair and rebuilding. • Quality infrastructure continues to be a focus, including safe, well-functioning, high quality streets, bikeways, sidewalks and trails. • City transportation systems are designed to provide accessibility to employment, education and health care by offering a variety of effective and efficient transportation choices beyond automobile use. 6.6 Develop long-term transportation plans that improve local and regional transportation networks. • Update the 2011 Transportation Master Plan to reflect critical changes, emerging trends (e.g., unmanned vehicles) and opportunities, including social impacts and accessibility, as well as transportation’s role in reducing GHG emissions. • Maximize linkage between on-street and trail bicycle and pedestrian connections, including key grade- separated crossings. • Continue exploring and addressing whole-system mobility issues, impacts, opportunities and partnerships including railroad-traffic conflicts and horn noise, and regional airport connectivity and accessibility. • Focus efforts on improving the I-25 corridor through collaboration with regional and state partners. 6.7 Develop plans that address adequate infrastructure within the northeast area of Fort Collins. • The northeast quadrant of Fort Collins, consisting of areas surrounding East Mulberry Street, extending north to Douglas Road and west to College Avenue, is the last major quadrant of the City’s Growth Management Area that remains largely undeveloped. • Working with regional partners and collaborating with the private sector will be essential to ensuring the most efficient build-out of this portion of Fort Collins. • The lack of transportation and utility infrastructure limits opportunities for affordable housing and business development that would meet the same quality and standards as the rest of the community. • It should have character, incorporate sound land use planning and be CITY OF FORT COLLINS 37 1 Packet Pg. 236 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 38 2016 STRATEGIC PLAN Fort Collins exemplifies an efficient, innovative, transparent, effective and collaborative city government. A high-performing government delivers services desired by the community through sound financial management, transparent and collaborative decision-making, various communication methods, and efficient and effective project management. To achieve this, the City employs high caliber employees, retains its workforce through development and growth opportunities, and promotes intelligent risk-taking to address increasingly complex challenges. The City’s mission, vision and values are reinforced at every level of the organization and guide its culture. Exceptional customer service that is responsive to the needs of residents and businesses is crucial in every interaction between the City and all members of the community. The City values community engagement and involvement in the planning and decision-making process. It also coordinates and works to solve problems with adjacent municipalities, CSU, school districts, Larimer County, special districts and local organizations. The City trusts and utilizes the many experts within the community. Core processes of leadership, strategic planning, budgeting, organizational development and human resources are aligned to develop an organization that listens to and engages the public, continuously delivers high quality services to the community, facilitates high performance and generates trust in and transparency of City business. A systems approach is applied to creatively, thoughtfully and analytically use economic, environmental and social lenses to meet present needs and plan for the future. The City is committed to continually improving using the Plan, Do, Check, Act (PDCA) methodology. Data from surveys, performance metrics, operations, events and face-to-face interactions is key to decision-making and pursuing strategic opportunities for improvement. City High Performing Government 1 Packet Pg. 237 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 39 A high performing government includes: • Effective and efficient local governance where all community voices are valued • Fiscal sustainability and transparency • A collaborative and community-based approach to problem solving • Core processes that are consistently used across the organization • A high quality workforce that strives for continuous improvement in all areas • A systems approach, driven by data, to effectively solve problems, creatively pursue opportunities for improvement and develop innovative solutions • Promoting a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust • Attracting and retaining the best and brightest workforce • Citywide strategies and standards for inclusive civic engagement Definition & Descriptions 7.1 Provide world-class services that meet the needs of the community. • Improve organizational capability and effectiveness through professional development, leadership, change management, strategic thinking, business acumen and staff engagement. • Implement leading-edge continuous improvement practices that increase productivity, effectiveness, customer service and citizen satisfaction. • Optimize the use of technology to drive efficiency and transparency to improve services. • Implement systems and processes that improve services and citizen satisfaction, and that enable the City to achieve Baldrige recognition within the next five years. 7.2 Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust. • The organization places a strong value on maintaining the public trust and has articulated high expectations regarding ethical behavior. • An organization-wide ethics program will clarify expectations regarding specific behaviors, further embed the organization’s core values into the culture, and reinforce accountability. 7.3 Improve core Human Resource systems, develop a total reward system and address workforce planning and career development. • Compensation programs, position definitions, organizational structure and performance management systems all play a significant role in employee revenues and expenditures are prioritized and balanced with community values, challenges and opportunities. Citizen involvement and a representative 40 2016 STRATEGIC PLAN morale and the organizational culture. • Improvements in these systems can and will drive improvement in the organizational capability to deliver the outcomes and services of the City Strategic Plan. • Key systems and processes on which to focus include career architecture, compensation analysis, performance management and career development for potential future leaders. 7.4 Develop and implement initiatives to achieve safety goals and continue to focus on employee health and wellness. • The City’s safety culture is one of prevention. Integral to that is open communication; building relationships, safety 24/7, coaching each other, speaking up/pausing work when a safety concern has been identified, safety storytelling, recognition, design principles and collaborative partnerships with City Wellness. • The City’s Total Recordable Injury Rate (TRIR) and Days Away Restricted or Transferred (DART) case rates historically have been higher than the average for municipal and private organizations (according to data from the Bureau of Labor Statistics). Implementing this three-year plan will improve that performance and result in the City of Fort Collins being the benchmark for other local government agencies. • The City continues to invest in and drive improvements in establishing and maintaining a healthy workforce. 7.5 Broaden methods of public engagement to reach all segments of the community by giving additional consideration to diverse backgrounds, languages and needs. • The City’s Public Engagement Strategic Plan focuses on fostering an engaged citizenry, equipping staff to successfully lead public engagement projects, and ensuring accountability and excellence in community engagement. • The City actively pursues methods of reaching traditionally hard-to-reach and/or under-served populations, and has also expanded the use of social media and technology. • These efforts supplement more traditional outreach to boards and commissions, the business community, the environmental community and CITY OF FORT COLLINS 41 infrastructure investment across the community. 7.8 Optimize the use of City assets through capital improvement planning, preventative maintenance and asset management. • As City assets age, renewal and replacement will become more critical to maintaining the City’s character and appeal. • Develop tools and systems that support capacity planning and capital asset needs, monitor asset life and condition, and schedule repairs (based on optimal asset lifecycle cost estimates). • An integrated, Citywide view of asset condition and maintenance requirements is needed to ensure capital improvement coordination across the City and optimal maintenance of existing assets. 7.9 Proactively influence policy and legislative development at all levels of government regulation. • The City plays a critical role in influencing local, state and federal policy that impacts our ability to achieve Key Outcomes. • Through the legislative policy agenda and participation in legislative and regulatory stakeholder groups, the City proactively, rather than reactively, influences policy outcomes. 1 Packet Pg. 240 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 42 2016 STRATEGIC PLAN The City of Fort Collins is committed to being a data driven organization. Using quantifiable data and analysis, the City tracks and measures success in achieving the Key Outcomes and Strategic Objectives defined in this plan. This includes identifying appropriate metrics related to both Key Outcome Areas and Strategic Objectives, establishing appropriate targets for each of these metrics, tracking the actual performance of each metric over time, and regularly reviewing and discussing the performance. Historically, the City uses operational and performance metrics. Recent focus on tying metrics to specific Outcomes and Objectives began in 2013. Staff, working with City Council, developed a Community Dashboard where each of the seven Outcome Areas has four to seven performance metrics that track at a high level the City’s progress in achieving the desired Outcome. Every measure on the dashboard is measured against a target. The Community Dashboard is updated quarterly and can be found online at fcgov.com/dashboard. Performance Metrics Community Dashboard 1 Packet Pg. 241 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 43 Community Dashboard as of Q4 2015: NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH Provide a high quality built environment, support quality, Q4 2015 diverse neighborhoods and foster the social health of citizens CULTURE & RECREATION Provide diverse cultural and recreational amenities Q4 2015 ECONOMIC HEALTH Promote a healthy, sustainable economy reflecting Q4 2015 community values ENVIRONMENTAL HEALTH Promote, protect and enhance a healthy & Q4 2015 sustainable environment SAFE COMMUNITY Provide a safe place to live, work, learn and play Q4 2015 TRANSPORTATION Provide for safe & reliable multi-modal travel to, from, and Q4 2015 throughout the city HIGH PERFORMING GOVERNMENT Deliver an efficient, innovative, transparent, effective and Q4 2015 collaborative city government Snapshot: Feb 19, 2016 1 Packet Pg. 242 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 44 2016 STRATEGIC PLAN Affordable Housing Inventory Gardens on Spring Creek – Total Cumulative Participation Cumulative Number of Noise Complaints Golf Courses – Total Cumulative Participation Fort Collins’ HOI compared to western states region HOI Lincoln Center – Total Cumulative Participation Response Time to Graffiti Removal Voluntary Code Compliance Affordable housing units house the City’s lowest wage earners and are important to the sustainability of our community. Through policy and funding, the City would like to at least maintain and preferably increase the number of units available to consumers requiring this type of housing. Low income housing in Fort Collins is for people who earn 80% or less Area Median Income. The total number of particpants at the Gardens on Spring Creek. This measures the number of noise complaints in a hot-spot area determined by the previous calendar year. The area is defined from Prospect Rd./Taft Hill Rd. northeast to Mulberry St./Shields St. The total number of particpants at all three City of Fort Collins Golf Courses. The Housing Opportunity Index (HOI) is defined as the share of homes sold in an area that would have been affordable to a family earning the local median income. The target is to be in the top third (66% or better) for the Western region of the United States. The total number visits and participation at the Lincoln Center. This indicator measures the amount of time to respond to and abate both reported and unreported graffiti in the City. The goal is to have graffiti properly abated within two business days. This metric tracks the percentage of voluntary compliance with nuisance code violations issued by the City of Fort Collins. Voluntary compliance is defined as violations corrected by the property owner or tenant. 3,136 65,395 536 82,436 76.00% 141,168 1.20 87.00% 3,137 72,770 509 81,820 66.00% 140,000 2.00 90.00% Q4 2015 Q4 2015 Q4 2015 Q4 2015 Q4 2015 Q4 2015 Q4 2015 Q4 2015 Measure/Explanation Measure/Explanation Actual Actual Target Target Results Results NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH PERFORMANCE METRICS CULTURE & RECREATION PERFORMANCE METRICS 1 CITY OF FORT COLLINS 45 Museum of Discovery – Total Cumulative Participation Paved Trails - Cumulative Number of Visits Recreation Programs - Total Cumulative Participation Natural Areas Programs – Cumulative Participation per Capita The total number visits and participation at the Museum of Discovery. The total number of people accessing and utilizing the City’s paved trails system. The total number of particpants in Recreation programs, events and facility visits. The participants per capita attending Natural Areas programs. 144,009 2,038,311 1,574,500 11.35% 130,000 1,716,272 1,633,676 8.00% Q4 2015 Q4 2015 Q4 2015 Q4 2015 Commercial Vacancy Rates Cumulative New Residential Permit Unit Volume Electric System Average Interruption Duration Index (SAIDI) in Minutes Local Unemployment Rate Percentage of vacant, leasable commercial space within the city. This is divided into three categories: Industrial, Office, and Retail. The category with the worst vacancy rate is displayed and that is the value compared to our target. Any new residential unit must obtain a building permit from the City. This metric reports the number of units for which permits were obtained each quarter. The electric distribution System Average Interruption Duration Index (SAIDI) is a description of the length of time all customers would have been out of power if the total number of hours out of service in a year’s time were to be shared, and it is typically measured in minutes. The number of outages as well as the time between the start of an outage and the restoration of electric service have a bearing on this number. Local unemployment rate is the percentage of the total labor force that is unemployed but actively seeking employment and willing to work. This includes persons actively looking for work in the prior 4 weeks by contacting an employer directly, having a job interview, sending out resumes or filling out applications. 7.50% 976 20:60 2.70% 5.00% 1,250 22:05 5.00% Q4 2015 Q4 2015 Q4 2015 Q4 2015 Measure/Explanation Actual Target Results ECONOMIC HEALTH PERFORMANCE METRICS Lodging Occupancy Rates The lodging occupancy rate measures the number of hotel rooms occupied compared to the total number of hotel rooms available. This metric measures the net change from the previous year for the reporting time period. 59.90% 54.00% Q4 2015 1 Packet Pg. 244 46 2016 STRATEGIC PLAN Community Energy Use Outdoor Air Quality Index (AQI) - Fine Particulate Matter 2.5 microns (PM 2.5) Outdoor Air Quality Index (AQI) - Ozone Wastewater Treatment Effectiveness Rate (%) Percent change in electricity use (kilowatt hours or kWh) per capita compared to 2005 (baseline year). The metric is evaluated quarterly, and is one measure of the community’s energy efficiency. The metric is a measure of the number of ‘good’ air quality days (as defined by EPA’s Air Quality Index - AQI) in a quarter based on fine particulate matter air monitoring data from Fort Collins. The AQI is calculated by EPA as a measure of local air quality and its effect on human health. The higher the AQI value, the greater the level of air pollution and the greater the health concern. ‘Good’ air quality corresponds to an AQI of 50 or less (on a scale of 0-500) and poses little or no risk of adverse health effects. A fine particulate matter target of 95% ‘Good’ days in a quarter was selected to evaluate local air quality conditions. The metric is a measure of the number of ‘good’ air quality days (as defined by EPA’s Air Quality Index - AQI) in a quarter based on ozone air monitoring data from Fort Collins. The AQI is calculated by EPA as a measure of local air quality and its effect on human health. The higher the AQI value, the greater the level of air pollution and the greater the health concern. ‘Good’ air quality corresponds to an AQI of 50 or less (on a scale of 0-500) and poses little or no risk of adverse health effects. An ozone target of 75% ‘Good’ days in a quarter was selected to evaluate local air quality conditions. The utility’s compliance with the effluent quality standards in effect for the Water Reclamation and Biosolids Facilities. The indicator is expressed as the percent of time each year that an individual wastewater treatment facility is in full compliance with applicable effluent quality requirements. -11.60% 88.00% 67.00% 100% -10.00% 95.00% 75.00% 100% Q4 2015 Q4 2015 Q4 2015 Q4 2015 Measure/Explanation Actual Target Results ENVIRONMENTAL HEALTH PERFORMANCE METRICS New Commercial Permit Dollar Volume per Capita This metric provides an understanding of the value of new commercial construction in the City. The total value of permits is divided by the current population to generate a value more easily compared to other communities. $551.36 $450.00 Q4 2015 Net Percent Change in Local Jobs Job change measures the number of new jobs available in an economy. The net job change accounts for layoffs as well as new positions; a healthy economy will have a given number of new jobs created each month/quarter despite some layoff activity. 2.16% 2.00% Q4 2015 1 Packet Pg. 245 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 47 Drinking Water Compliance Rate (% Days) Number of Injury/Fatal Crashes Part 1 Crimes per Capita Compared to Cities of Similar Size Percent of Time Fire Contained to Room of Origin Percent of Time PFA Fire Personnel are on Scene Within 5 Minutes 45 Seconds Fort Collins Utilities compliance with the drinking water quality standards in effect for the Water Treatment Facility. The indicator is expressed as the percent of time each year that an individual water treatment facility is in full compliance with applicable drinking water quality requirements. Injury/Fatal crashes is the number of reported public street crashes involving motor vehicles, bicyclists or pedestrians where someone was injured or killed. Part 1 crimes are defined by the FBI as: Aggravated Assault, Arson, Auto Theft, Burglary, Homicide, Rape, Robbery, and Theft. This measure relates to the ability of on-scene firefighters and building sprinklers to prevent fire flashover and the spread of a structure fire. Fire response time measures the time elapsed from when PFA is dispatched to when the first PFA personnel arrives on-scene. This data includes calls for emergencies in the urban response area of PFA. PFA’s target is to respond within 5 minutes, 45 seconds at least 90% of the time. This is aligned with PFA’s baseline performance goals under fire service accreditation. 100% 50 59.00% 68.18% 87.00% 100% 70 75.00% 80.00% 90.00% Q4 2015 Q4 2015 Q4 2015 Q4 2015 Q4 2015 Average Travel Speeds/Times on Arterial Streets Traffic volume-weighted average travel times (in minutes/mile) on City arterial streets including Harmony, Horsetooth, Drake, Prospect, Mulberry, Taft Hill, Shields, College, Lemay and Timberline during the p.m. peak period on weekdays. 2.47 3.00 Q4 2015 TRANSPORTATION PERFORMANCE METRICS Average Quarterly Response Time of Priority One Calls Median average time is the time it takes for an officer to respond (from the time the call is received to when the officer arrives) to an emergency call, one that is an immediate threat to life, a felony-in-progress call, or a call where a weapon is being used. 6.19 5.00 Q4 2015 Measure/Explanation Measure/Explanation Actual Actual Target Target Results Results SAFE COMMUNITY PERFORMANCE METRICS 1 Packet Pg. 246 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 48 2016 STRATEGIC PLAN Cumulative Transfort Fixed Route Ridership The total number of fixed route passenger boardings. The target is a 5% increase in fixed route ridership over the previous year. The graphs show the actual fixed route passenger boardings each quarter. 3,266,194 2,858,000 Q4 2015 Accuracy of Budgeted Expenses ($ millions) Actual Revenue Compared to Budget ($ millions) Average Response Time of Cases Submitted to Access Fort Collins This metric covers the accuracy and precision of planned (budgeted) and actual expenditures. Expenditures include operating costs, such as personnel, insurance, consulting and supplies, as well as debt payments and capital equipment purchases. Not included are the costs of large capital projects that occur over several years and have a beginning and end. Expenditures are separated into Governmental and Enterprise. Governmental expenditures are for those activities that are primarily supported by taxes and grants and to a much lesser degree from fees. Examples are Police, Streets Maintenance, Parks, Museum, Fire, etc. Alternatively, Enterprise expenditures related to activities that are accounted for like a business and are entirely supported by fees charged to users. These include Light and Power, Water, Wastewater, Storm Drainage and Golf. This metric covers differences from anticipated (budgeted) and actual revenue. Revenue includes taxes, fees, grants, fines, interest earnings, etc. Revenue is separated into Governmental and Enterprise depending on the activity it supports. Governmental revenues are typically taxes, grants and fines used to support police, streets, museum, fire and parks. Examples of Enterprise revenue are fees for energy, water, wastewater and golfing. Total cases submitted online or via mobile application, including Council Member and City Manager service area requests (SARs). Average Response Time is the average number of business days from when a case is submitted to when a staff response is sent. $357.62 $430.18 1.66 $403.69 $414.69 3.00 Q4 2015 Q4 2015 Q4 2015 HIGH PERFORMING GOVERNMENT PERFORMANCE METRICS Cumulative Lane Miles of Roadway Pavement Improved Transfort Fixed Route Passengers per Revenue Hour The number of lane miles improved displays the City’s commitment to providing safe, well-maintained streets. Proper maintenance reduces future maintenance costs by extending the life of the pavement and maximizing our investments. Quarterly targets are set to provide information on our progress towards meeting our yearly goals. These targets vary from quarter to quarter due to weather limitations of the construction season. Achieving our yearly goals allows us to meet our overall street pavement condition Level of Service ‘B’ (LOS). The total number of lane miles improved annually increased significantly starting in 2011 due to the increased revenue dedicated to Street Maintenance and Repair in the Keep Fort Collins Great tax initiative in 2010. The average number of passengers who board a transit vehicle for every revenue hour of service that a vehicle is operating. 117 34.33 130 23.90 Q4 2015 Q4 2015 Measure/Explanation Actual Target Results 1 Packet Pg. 247 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 49 City Employee Cumulative Turnover Rate City Employee Safety - Days Away Restricted or Transferred (DART) Rate YTD City Employee Safety - Total Recordable Injury Rate (TRIR) YTD Turnover is a measure of the rate at which employees leave employment with the City. It includes classified and unclassified management employees and all separation reasons (layoffs, and voluntary and involuntary terminations). While turnover is typically measured annually, this report includes turnover reported on a year-to-date basis for each calendar year. The rate is calculated by dividing the total number of employees who separated year-to-date by the average headcount for that reporting period (quarters are cumulative). The Days Away Restricted or Transferred (DART) rate calculation is based upon the number of work related injuries and illnesses severe enough to cause an employee to be temporarily reassigned or miss work completely in relation to the total number of employee hours worked. This is a nationally recognized standard safety metric. Current-year benchmarks are not available as they are published by the Bureau of Labor Statistics and have an approximate 18 month lag time. The Total Recordable Injury Rate (TRIR) is a nationally recognized standard safety metric. It is based upon the total number of work related injury and illness cases reported that, generally speaking, required more than standard first aid treatment, as it relates to the total number of employee hours worked. Current- year benchmarks are not available as they are published by the Bureau of Labor Statistics and have an approximate 18 month lag time. 11.21% 5.10 7.60 8.00% 3.70 5.30 Q4 2015 Q4 2015 Q4 2015 1 Packet Pg. 248 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 50 2016 STRATEGIC PLAN To further enhance the use of metrics to track the City’s progress, Strategy Maps have been created that tie specific metrics to each of the 55 Strategic Objectives within the Strategic Plan. This provides insight into the City’s progress of achieving the Strategic Objectives, which will then help achieve the Outcomes. Where possible, three to four metrics have been assigned to each Strategic Objective; these metrics are treated similar to the Community Dashboard metrics. This includes identifying appropriate metrics related to both Key Outcome Areas and Strategic Objectives, establishing appropriate targets for each of these metrics, tracking the actual performance of each metric over time, and regularly reviewing and discussing the performance. Each of these metrics is assigned an organizational owner, and quarterly reviews occur when the initiatives and progress on the metrics are discussed. Implementation of the Strategy Maps began in 2016. The list of measures currently aligned with the 2016 Strategic Objective are included in Appendix A. Strategy Maps 1 Packet Pg. 249 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 51 The Strategy Maps are located on the City’s internal website. Each Outcome links to its own page that lists the Strategic Objective associated with that Outcome. Here are two screenshot samples of what that will look like: Each Strategic Objective has its own Green-Yellow-Red icon, which represents the overall performance of that Strategic Objective based on the results of the associated metrics. Example 2: Example 1: 1 Packet Pg. 250 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 52 2016 STRATEGIC PLAN By clicking on a Strategic Objective the viewer will see the performance and analysis of the underlying metrics: Example 1: 1 Packet Pg. 251 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 53 Example 2: 1 Packet Pg. 252 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 54 2016 STRATEGIC PLAN OBJECTIVES: 1. Address long-term financial issues in the strategic plan. 2. Highlight potential challenges and aid in long-term (more than 10 years) philosophical decision-making on strategies. EXECUTIVE SUMMARY: The City enjoys a strong economic base as a result of diverse employment, CSU and its associated research, and the attractiveness and desirability of the region. The City of Fort Collins maintains a Aaa Moody’s credit rating (which ranks in the top 3 percent), and more than $200M in reserves (excluding Enterprise Funds) due to prudent fiscal policies, low debt and conservative management over its approximate $500M budget. The City’s revenue growth has been strong since 2010 with building and business investment driving significant increases. The long-term financial forecast uses the most likely estimates and does not include outlier impacts such as flood, natural disaster, recession, or other rare occurrences. In the unfortunate event one of these circumstances occurs, drastic measures may need to be taken that are not incorporated into the following financial forecasts. The model includes the following primary revenue and expense drivers: Primary Revenue Drivers • Sales and Use Tax – Sales Tax revenue growth of 3.2 percent based on taxable sales historical average; Use Tax revenue growth of 3.6 percent based on last 15 year averages • Property Tax – tied to Consumer Price Index (CPI) growth currently calculated at 2.8 percent • Capital Grants – project-specific and difficult to forecast, tied to CPI at 2.8 percent Long-Term Financial Plan 1 Packet Pg. 253 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 55 • Shared Revenues – County and State distributions compound annual growth rate (CAGR) for majority of 2000s was 1.56 percent • Cultural, Park, Recreation and Natural Areas Fees – 14-year historical rate of 3.26 percent Primary Expense Drivers • Salaries and Wages – Highly correlates to taxable sales; growth of 3.2 percent • Benefits – 8.5 percent growth rate is combination of staff size and healthcare costs • Professional and Technical – Highly correlates to population; growth of 2.3 percent • Repair and Maintenance Services – 4.0 percent average for 2000s for most of accounts • Infrastructure – 4.2 percent growth rate proxy for average of 2000s The baseline scenario for “All Funds” (excluding Utilities) in the City indicates healthy financials through 2020 at existing service levels and using existing revenue sources. The Keep Fort Collins Great (KFCG) tax supplies a 0.85 percent tax revenue source, which accounted for $26M of revenue in 2015. Renewal of this tax through 2025 enables near equilibrium in projected revenue and expenses with any shortfall kept to a minimum and very manageable. KFCG is scheduled to expire at the end of 2020, eliminating $32M of funding beginning in 2021. This impact would require extensive reductions in expenditures. Even with such reductions, the resulting financials would still yield a $10M shortfall in 2025, which may still be manageable at only 2.7 percent of total spend, but would result in reduced service levels. Reserves would be used throughout the next decade in this scenario to accommodate the expenditure rate, forcing a reduction from the current level of $207M to $161M in 2025. KFCG expiration or renewal will have the single biggest effect on the City’s future financials. $50M $0 $100M $150M $200M $250M $300M $350M 56 2016 STRATEGIC PLAN Transit and Transportation funds have similar forecasts and issues. Both will run deficits in future years due to their personnel-heavy expense structure. Benefits are expected to grow at 8.5 percent, due in large part to increasing health care costs. The Transportation Fund will need to use its reserves to offset the increasing disparity between revenue and expenses. The Transit deficit could be exacerbated by increasing demands for higher service levels. Although both funds show increasing deficits, the total dollar amounts projected are not extreme. Close expense monitoring and managerial adjustments to cost structure in the next few years will help manage Transit and Transportation financials before the deficits get out of control. Timely funding alignment (increase in fees, taxes, etc.) with community service level demand (headways, hours, weekend service, etc.) will also help manage Transit and Transportation funds. Overall, the City has a healthy long-term outlook, with a few, isolated and identified issues that must be tracked closely. As these issues progress, timely and appropriate adjustments will help mitigate any problems. $5M $0 $10M $15M $20M $25M $30M $35M $40M $45M Year End Balance KEY: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Revenue Expenditures Scenario Expenditures Scenario Revenue • 2014 revenue increase due to Sales and Use Tax, and capital leasing • Personnel is large part of total cost and growing at faster rate than revenue REVENUES & EXPENDITURES 00292 - TRANSPORTATION FUND - WITH TRANSFERS $2M $39M $35M $19M $6M $17M $19M $26M $30M CITY OF FORT COLLINS 57 1 Packet Pg. 256 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 58 2016 STRATEGIC PLAN Appendix A: Strategy Maps - Alignment of Performance Measures to Strategic Objectives • NLSH 3. Affordable Housing Inventory • NLSH 4. Fort Collins’ Housing Opportunity Index (HOI) compared to western states region HOI • NLSH 57. % of citizens responding very good/good - Availability of affordable quality housing in Fort Collins • NLSH 39. Winter Point in Time Count of Homeless Population • NLSH 3. Affordable Housing Inventory • NLSH 37. Rebate Program Participation • NLSH 39. Winter Point in Time Count of Homeless Population • NLSH 61. % of citizens responding very good/good - Fort Collins as a place of community acceptance of all people Strategic Objective: NLSH 1.1 Improve access to a broad range of quality housing that is safe, accessible and affordable. Strategic Objective: NLSH 1.2 Leverage and improve collaboration with other agencies to address homelessness, poverty issues and other high priority human service needs. Strategic Objective: NLSH 1.3 Promote a more inclusive and equitable community that embraces and celebrates diversity. NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH 1 Packet Pg. 257 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 59 • CR 1. Recreation Programs - Total Cumulative Participation • CR 2. Lincoln Center - Total Cumulative Participation • CR 7. Paved Trails - Cumulative Number of Visits • CR 23. Trained Observer Program – Percentage of Parks, Trails and Rec Fac Grounds Ratings With No Problems • NLSH 1. Voluntary Code Compliance • NLSH 11. Number of graffiti abatement issues • NLSH 56. % of citizens responding very good/good - Fort Collins as a place to live • NLSH 63. % of citizens responding very good/good - Community’s visual attractiveness • ECON 8. Development Review customer survey results • ECON 21. Development Review historic preservation grants - maintain a 2:1 ratio of City dollars to grant or matching funds • HPG 68. % of citizens responding very good/good to the City’s performance in - Managing and planning for growth • NLSH 4. Fort Collins’ Housing Opportunity Index (HOI) compared to western states region HOI • NLSH 64. % of citizens responding very good/good - Your neighborhood as a place to live • NLSH 80. Residential Parking Permit Program - % of responding residents that want to continue program • NLSH 1. Voluntary Code Compliance • NLSH 2. Response Time to Graffiti Removal • NLSH 64. % of citizens responding very good/good - Your neighborhood as a place to live • NLSH 74. % of citizens responding very good/good quality of - Code enforcement (e.g. weeds) in Fort Collins • NLSH 8. # CSU student/staff Fall Clean Up volunteers • NLSH 10. Fall Clean Up - % neighbors that felt more connected to CSU students due to the program • NLSH 17. Restorative Justice Conferencing Program (RJCP) participant satisfaction - All Participants • NLSH 29. Voluntary compliance with Animal Control services Strategic Objective: CR 2.1 Improve the community’s sense of place with a high value on natural areas, culture, recreation and park systems. Strategic Objective: NLSH 1.4 Protect and preserve the City’s quality of life and neighborhoods. Strategic Objective: NLSH 1.5 Guide development compatible with community expectations through appropriate planning, annexation, land use, historical preservation and development review processes. Strategic Objective: NLSH 1.6 Improve neighborhood parking and traffic issues. Strategic Objective: NLSH 1.7 Maintain and enhance attractive neighborhoods through City services, innovative enforcement techniques and voluntary compliance with City codes and regulations. Strategic Objective: NLSH 1.8 Foster positive and respectful neighbor relationships and open communication, as well as provide and support conflict resolution. CULTURE & RECREATION 1 Packet Pg. 258 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 60 2016 STRATEGIC PLAN • CR 6. Natural Areas Programs - Cumulative Participation per Capita • CR 7. Paved Trails - Cumulative Number of Visits • ENV 98. % of citizens responding very good/good quality of - Natural areas and open space • CR 1. Recreation Programs - Total Cumulative Participation • CR 1. Recreation Programs - Total Cumulative Participation • CR 2. Lincoln Center - Total Cumulative Participation • CR 3. Museum of Discovery - Total Cumulative Participation • CR 5. Golf Courses - Total Cumulative Participation • CR 61. Acres of Park /1,000 Population • CR 62. Miles of Trail/10,000 Population • Yet to be identified Strategic Objective: CR 2.3 Promote health and wellness within the community and provide sustainable access to nature. Strategic Objective: CR 2.4 Develop effective marketing and pricing strategies and programs that drive value, attendance and cost recovery. Strategic Objective: CR 2.5 Plan, design and implement improvements to the citywide trail system. Strategic Objective: CR 2.6 Develop a clear strategic description of the City’s role in culture and arts while leveraging partnerships with other community organizations. • Yet to be identified • Yet to be identified • ECON 1. New Commercial Permit Dollar Volume per Capita • ECON 3. Commercial Vacancy Rates • ECON 4. Net Percent Change in Local Jobs • ECON 38. Number of Primary Jobs retained/created through EHO activities • ECON 8. Development Review customer survey results • HPG 51. Utilities customer satisfaction - providing good value Strategic Objective: ECON 3.1 Improve effectiveness of economic health initiatives through collaboration with regional partners. Strategic Objective: ECON 3.2 Enhance employment opportunities through business retention, expansion, incubation and attraction. Strategic Objective: ECON 3.4 Provide transparent, predictable and efficient processes for citizens and businesses interacting with the City. Strategic Objective: ECON 3.3 Support workforce development and provide community amenities that support citizens and employers within the City. ECONOMIC HEALTH • CR 38. Number of participants - Northside Aztlan Community Center Strategic Objective: CR 2.2 Improve low and moderate income citizen access to, and participation in, City programs and facilities. 1 Packet Pg. 259 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 61 • ENV 9. Percent decrease in community Greenhouse Gas (GHG) emissions from 2005 baseline • ENV 28. Absolute net decrease in ClimateWise partners Greenhouse Gas (GHG) emissions from 2005 baseline • ENV 35. Electricity (GHG) 2020 CAP Goal vs Actual • ENV 42. Natural Gas (GHG) 2020 CAP Goal vs Actual • ENV 1. Wastewater Treatment Effectiveness Rate (%) • ENV 22. Turbidity of City drinking water • ENV 102. Single-family annual water demand in gallons per capita per day • SAFE 8. Drinking Water Compliance Rate (% Days) • ECON 35. Total Private Investment in the URA • HPG 70. % of citizens responding very good/good to the City’s performance in - Encouraging sustainability in the community • TRAN 2. Cumulative Transfort Fixed Route Ridership • TRAN 17. MAX ridership • TRAN 48. % of citizens responding very good/good - Availability of parking Downtown in Fort Collins • ENV 22. Turbidity of City drinking water • ENV 43. System Replacement - LF Installed (Water) • ENV 49. Water Distribution - Customer Service Calls (Water) • SAFE 8. Drinking Water Compliance Rate (% Days) • ECON 7. Electric System Average Interruption Duration Index (SAIDI) in Minutes • ENV 43. System Replacement - LF Installed (Water) • ENV 63. System Replacement (LF of Pipe Removed & Replaced) (Wastewater) • SAFE 58. Channel Cleaning and Vacuum Cleaning of Water Quality Devices (Stormwater) • Yet to be identified • Yet to be identified Strategic Objective: ENV 4.1 Achieve Climate Action Plan (CAP) goals by reducing greenhouse gases (GHGs). Strategic Objective: ENV 4.2 Protect and provide a high quality water supply and implement appropriate conservation efforts and long-term water storage capability. Strategic Objective: ECON 3.5 Foster sustainable infill and redevelopment. Strategic Objective: ECON 3.6 Enhance the economic vitality of our community. Strategic Objective: ECON 3.7 Sustain high water quality to support the community and water-dependent businesses. Strategic Objective: ECON 3.8 Maintain electric utility systems, services, infrastructure integrity and stable, competitive rates. Strategic Objective: ECON 3.9 Encourage the development of reliable, high speed internet services throughout the community. Strategic Objective: ECON 3.10 Identify strategies to reduce train horn noise. ENVIRONMENTAL HEALTH 1 Packet Pg. 260 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 62 2016 STRATEGIC PLAN • CR 25. # of Community Garden plots in inventory • ENV 7. Community per capita per day of solid waste generation • ENV 10. Community solid waste diversion rate • TRAN 35. % Commute Mode Share by Non-SOV (Single Occupant Vehicle) • ENV 4. Outdoor Air Quality Index (AQI) - Ozone • ENV 5. Outdoor Air Quality Index (AQI) - Fine Particulate Matter 2.5 microns (PM 2.5) • ENV 9. Percent decrease in community Greenhouse Gas (GHG) emissions from 2005 baseline • ENV 16. Cumulative number of homes assessed for Healthy Homes • ENV 3. Community Energy Use • ENV 23. Annual electricity savings from efficiency and conservation programs • ENV 25. Total new installed solar capacity (kilowatts) • ENV 26. Percent renewable energy towards compliance with State Renewable Energy Standards • ENV 7. Community per capita per day of solid waste generation • ENV 10. Community solid waste diversion rate • ENV 11. Cumulative number of individuals with new or improved access to recycling through WRAP • ENV 12. Tons of community recycled or composted materials, including cardboard • SAFE 75. Rank in Top 10% Nationwide in Stormwater and Floodplain Management Programs • SAFE 41. % of citizens responding very good/good quality of - emergency preparedness in Fort Collins • SAFE 74. Stream and Rainfall Gauge Functionality (April to September) (Utilities Master Plan & Floodplain Administration) • ENV 8. Post Restoration Status of Urban Natural Areas • ENV 14. Existing Condition of Active Restoration Sites • ENV 15. Natural Areas Land Conservation - Cumulative Acres • ENV 98. % of citizens responding very good/good quality of - Natural areas and open space • ENV 1. Wastewater Treatment Effectiveness Rate (%) • SAFE 8. Drinking Water Compliance Rate (% Days) • ENV 26. Percent renewable energy towards compliance with State Renewable Energy Standards Strategic Objective: ENV 4.3 Engage citizens in ways to educate and encourage behaviors toward more sustainable living practices. Strategic Objective: ENV 4.4 Implement indoor and outdoor air quality improvement initiatives. Strategic Objective: ENV 4.5 Work towards long-term net zero energy goals within the community and the City organization using a systems approach. Strategic Objective: ENV 4.6 Work towards long-term zero waste goals within the community and the City organization. Strategic Objective: ENV 4.7 Increase the community’s preparedness and resiliency for changes in climate, weather and resource availability. Strategic Objective: ENV 4.8 Expand, improve, restore and protect wildlife habitat, urban forests and the ecosystems of the Poudre River and other ecosystems. Strategic Objective: ENV 4.9 Meet all regulatory requirements while supporting programs that go beyond compliance. 1 Packet Pg. 261 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 63 • NLSH 7. Registered parties with no warning/no citation • NLSH 32. Animal Control warnings and citations • SAFE 50. % of citizens responding very good/good quality of - Police services overall in Fort Collins • TRAN 39. Safe Routes to School Overall Student Participation • SAFE 1. Percent of Time Police Priority 1 Calls Responded to Within 5 Minutes • SAFE 49. % of citizens responding very good/good quality of - Police response time in Fort Collins • SAFE 50. % of citizens responding very good/good quality of - Police services overall in Fort Collins • SAFE 5. Part 1 Crimes per Capita Compared to Cities of Similar Size • SAFE 2. Percent of Time PFA Fire Personnel are on Scene Within 5 Minutes 45 Seconds • SAFE 3. Percent of Time Fire Contained to Room of Origin • SAFE 44. % of citizens responding very good/good quality of - Fire services overall in Fort Collins • SAFE 81. Compliance with National and State standards for Emergency Preparedness • SAFE 41. % of citizens responding very good/good quality of - emergency preparedness in Fort Collins • SAFE 53. % of citizens responding very good/good quality of - Disaster response and restoration of services in Fort Collins • SAFE 81. Compliance with National and State standards for Emergency Preparedness • SAFE 83. Ongoing training to internal and external customers in the area of emergency preparedness • SAFE 67. Poudre River Floodway Cleanup - Loads of Large Trees and Debris Removed (Stormwater) • SAFE 69. System Replacement (LF of Pipe Removed & Replaced) (Stormwater) • SAFE 74. Stream and Rainfall Gauge Functionality (April to September) (Utilities Master Plan & Floodplain Administration) • SAFE 75. Rank in Top 10% Nationwide in Stormwater and Floodplain Management Program • HPG 26. Internet availability • HPG 27. Server availability (supporting 390 servers) Strategic Objective: SAFE 5.1 Improve community involvement, education and regional partnerships to make our community safer and stronger. Strategic Objective: SAFE 5.2 Enhance our Police Services capability to foster public trust and create a safer community. Strategic Objective: SAFE 5.3 Partner with Poudre Fire Authority to provide high quality fire and emergency services. Strategic Objective: SAFE 5.4 Develop and implement emergency preparation and resiliency plans in collaboration with other regional efforts. Strategic Objective: SAFE 5.5 Protect life and property with natural and attractive flood mitigation facilities. Strategic Objective: SAFE 5.6 Optimize the use of data and technology to improve service and protect mission critical infrastructure. SAFE COMMUNITY • SAFE 6. Number of Injury/Fatal Crashes • SAFE 27. Voluntary speed compliance (Monthly) • TRAN 46. % of citizens responding very good/good - Fort Collins as a walkable city • TRAN 47. % of citizens responding very good/good - Ease of traveling by bicycle in Fort Collins Strategic Objective: TRAN 6.1 Improve safety for all modes of travel including vehicular, pedestrian and bicycle. TRANSPORTATION 1 Packet Pg. 262 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 64 2016 STRATEGIC PLAN • TRAN 28. Average Travel Speeds/Times on Arterial Streets • TRAN 34. % Commute Mode Share by Bicycle • TRAN 35. % Commute Mode Share by Non-SOV (Single Occupant Vehicle) • TRAN 49. % of citizens responding very good/good - Traffic congestion in Fort Collins • TRAN 1. Transfort Fixed Route Passengers per Revenue Hour • TRAN 2. Cumulative Transfort Fixed Route Ridership • TRAN 17. MAX ridership • TRAN 45. % of citizens responding very good/good - Ease of traveling by public transportation in Fort Collins • TRAN 3. Cumulative Lane Miles of Roadway Pavement Improved • TRAN 20. # of Bridges that Exceed Design Life • TRAN 52. Dollar Value of Sidewalk Infrastructure Constructed • TRAN 53. Dollar Value of Ramp Infrastructure Constructed Strategic Objective: TRAN 6.2 Improve traffic flow to benefit both individuals and the business community. Strategic Objective: TRAN 6.4 Improve transit availability, grow ridership and address MAX parking concerns. Strategic Objective: TRAN 6.5 Fill the gaps for all modes of travel and improve the current transportation infrastructure while enhancing the aesthetic environment. • Yet to be identified • Yet to be identified • Yet to be identified Strategic Objective: TRAN 6.3 Identify strategies to reduce motorist delays due to trains. Strategic Objective: TRAN 6.6 Develop long-term transportation plans that improve local and regional transportation networks. Strategic Objective: TRAN 6.7 Develop plans that address adequate infrastructure within the northeast area of Fort Collins. • HPG 69. % of citizens responding very good/good to the City’s performance in - Efficient operation of programs and services • HPG 71. % of citizens responding very good/good to the City’s performance in - Overall direction of the City • HPG 42. Total hours of training attended • HPG 55. Track percentage of total licensed vendors that remit sales tax returns and payments online • HPG 34. Cultural Values Assessment: annual progress toward the goal of entropy level of 10% • HPG 50. Utilities customer satisfaction - company you can trust • HPG 33. Employee participation in the Cultural Values Assessment • HPG 153. Price of Government for the City of Fort Collins Strategic Objective: HPG 7.1 Provide world-class services that meet the needs of the community. Strategic Objective: HPG 7.2 Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust. HIGH PERFORMING GOVERNMENT 1 Packet Pg. 263 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 65 • Yet to be identified • Yet to be identified • Yet to be identified • Yet to be identified Strategic Objective: HPG 7.6 Enhance the use of performance metrics and benchmark data to assess results and program effectiveness. Strategic Objective: HPG 7.7 Address long-term funding requirements by diversifying the revenue base and finding new revenue sources. Strategic Objective: HPG 7.9 Proactively influence policy and legislative development at all levels of government regulation. Strategic Objective: HPG 7.8 Optimize the use of City assets through capital improvement planning, preventative maintenance and asset management. • HPG 38. HR performance based on Internal Services survey • HPG 42. Total hours of training attended • HPG 6. City Employee Cumulative Turnover Rate • HPG 4. City Employee Safety - Total Recordable Injury Rate (TRIR) YTD • HPG 5. City Employee Safety - Days Away Restricted or Transferred (DART) Rate YTD • HPG 48. Well Days – medical claims cost for participants vs. non-participants • HPG 150. Total Cost of Workers Comp Claims • HPG 3. Average Response Time of Cases Submitted to Access Fort Collins • HPG 66. % of citizens responding very good/good to the City’s performance in - Welcoming citizen involvement • HPG 84. % of citizens responding always/frequently/sometimes do you or other members of your household use the City’s website • HPG 115. Number of citizens attended public forums, open houses events, etc. Strategic Objective: HPG 7.3 Improve core Human Resources systems, develop a total reward system, and address workforce planning and career development. Strategic Objective: HPG 7.4 Develop and implement initiatives to achieve safety goals and continue to focus on employee health and wellness. Strategic Objective: HPG 7.5 Broaden methods of public engagement to reach all segments of the community by giving additional consideration to diverse backgrounds, languages and needs. 1 Packet Pg. 264 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 66 2016 STRATEGIC PLAN Appendix B: Strategic Objectives - Linkage Across Outcomes 1.1 - Improve access to a broad range of quality housing that is safe, accessible and affordable. 1.2 - Leverage and improve collaboration with other agencies to address homelessness, poverty issues and other high priority human service needs. 1.3 - Promote a more inclusive and equitable community that embraces and celebrates diversity. 1.4 - Protect and preserve the City’s quality of life and neigborhoods. 1.5 - Guide development compatible with community expectations through appropriate planning, annexation, land use, historical preservation and development review processes. 2.2 2.2, 2.3 2.2,2.6 2.1, 2.3, 2.5, 2.6 2.3, 2.5 3.3 3.2 3.3 3.6, 3.10 3.5, 3.6 4.8 5.1 5.1, 5.2, 5.5 5.5 6.4 6.1, 6.5 6.5 7.1, 7.6 7.6 7.1 7.6 Strategic Objective: Primary Outcome Area Other Applicable Outcome Areas 1 Packet Pg. 265 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 67 1.6 - Improve neighborhood parking and traffic issues. 1.7 - Maintain and enhance attractive neighborhoods through City services, innovative enforcement techniques and voluntary compliance with City codes and regulations. 1.8 - Foster positive and respectful neighbor relationships and open communication, as well as provide support conflict resolution. 2.1 - Improve the community’s sense of place with a high value on natural areas, culture, recreation and park systems. 2.2 - Improve low and moderate income citizen access to, and participation in, City programs and facilities. 2.3 - Promote health and wellness within the community and provide sustainable access to nature. 2.4 - Develop effective marketing and pricing strategies and programs that drive value, attendance and cost recovery. 2.5 - Plan, design and implement improvements to the citywide trail system. 2.6 - Develop a clear strategic description of the City’s role in the culture and arts while leveraging partnerships with other community organizations. 3.1 - Improve effectiveness of economic health initiatives through collaboration with regional partners. 3.2 - Enhance employment opportunities through business retention, expansion, incubation and attraction. Strategic Objective: 1.4 1.1, 1.2, 1.3 1.2, 1.4, 1.5 1.4, 1.5 1.3, 1.4 68 2016 STRATEGIC PLAN 3.3 - Support workforce development and provide community amenities that support citizens and employers within the city. 3.4 - Provide transparent, predictable and efficient processes for citizens and businesses interacting with the City. 3.5 - Foster sustainable infill and redevelopment. 3.6 - Enhance the economic vitality of our community. 3.7 - Sustain high water quality to support the community and water- dependent businesses. 3.8 - Maintain electric utility systems, services, infrastructure integrity and stable, competitive rates. 3.9 - Encourage the development of reliable, high speed internet services throughout the community. 3.10 - Identify strategies to reduce train horn noise 4.1 - Achieve Greenhouse Gas (GHG) reduction goals by implementing the Climate Action Plan (CAP). 4.2 - Protect and provide a high quality water supply and implement appropriate conservation efforts and long- term water storage capability. 4.3 - Engage citizens in ways to educate and encourage behaviors towards more sustainable living practices. 4.4 - Implement indoor and outdoor air quality improvement initiatives. 4.5 - Work towards long term net zero energy goals within the community and the City organization using a systems approach. Strategic Objective: 1.1, 1.3 1.5 1.4, 1.5, 1.6 1.4 1.6 2.6 2.5 2.3, 2.5 CITY OF FORT COLLINS 69 4.6 - Work towards long term zero waste goals within the community and the City organization. 4.7 - Increase the community’s preparedness and resiliency for changes in climate, weather and resource availability. 4.8 - Expand, improve, restore and protect wildlife habitat, urban forests and the ecosystems of the Poudre River and other urban ecosystems. 4.9 - Meet all regulatory requirements while supporting programs that go beyond compliance. 5.1 - Improve community involvement, education and regional partnerships to make our community safer and stronger. 5.2 - Enhance our Police Services capability to foster public trust and create a safer community. 5.3 - Partner with Poudre Fire Authority to provide fire and emergency services. 5.4 - Develop and implement emergency preparation and resiliency plans in collaboration with other regional efforts. 5.5 - Protect life and property with natural and attractive flood mitigation facilities. 5.6 - Optimize the use of data and technology to improve service and protect mission critical infrastructure. 6.1 - Improve safety for all modes of travel including vehicular, pedestrian and bicycle. Strategic Objective: 1.4 1.1, 1.4 1.4 1.4, 1.5 1.4 3.7, 3.8 3.6 3.6 3.9 70 2016 STRATEGIC PLAN 6.2 - Improve traffic flow to benefit both individuals and the business community. 6.3 - Identify strategies to reduce motorist delays due to trains. 6.4 - Improve transit availability, grow ridership and address MAX parking concerns. 6.5 - Fill the gaps for all modes of travel and improve the current transportation infrastructure while enhancing the aesthetic environment. 6.6 - Develop long-term transportation plans that improve local and regional transportation networks. 6.7 - Develop plans that address adequate infrastructure within the northeast area of Fort Collins. 7.1 - Provide world-class services that meet the needs of the community. 7.2 - Promote a values- driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust. 7.3 - Improve core Human Resources systems, develop a total reward system and address workforce planning and career development. 7.4 - Develop and implement initiatives to achieve safety goals and continue to focus on employee health and wellness. 7.5 - Broaden methods of public engagement to reach all segments of the community by giving additional consideration to diverse backgrounds, languages and needs. Strategic Objective: 1.6 1.2 1.4, 1.5 1.2, 1.4, 1.7 1.2, 1.3, 1.5 CITY OF FORT COLLINS 71 7.6 - Enhance the use of performance metrics and benchmark data to assess results and program effectiveness. 7.7 - Resolve long-term funding requirements by diversifying the revenue base and finding new revenue sources. 7.8 - Optimize utilization of City assets through capital improvement planning, preventative maintance and asset management. 7.9 - Proactively influence policy and legislative development at all levels of government regulation. Strategic Objective: 2.1 3.8 4.1, 4.5 4.1, 4.5 4.7 4.4, 4.9 5.1 6.5 1 Packet Pg. 270 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 72 2016 STRATEGIC PLAN BART - Budget Analysis and Reporting Tool: Software developed internally by City staff for budgeting and reporting purposes. BFO - Budgeting for Outcomes: A system driven by goals and performance, to provide information that relates budgeting to planning and outputs/results. Its purpose is to better align the services delivered by the City with the things that are most important to the community. BFO Teams: One of seven cross- departmental teams that participate in the BFO process, articulate goals for each Outcome, provide direction to departments for developing budget Offers, rank Offers for funding and evaluate performance of Offers. BLT - Budget Leadership Team: The City Manager and his executive team CAP - Climate Action Plan City Plan: Began in 1995 as a Comprehensive Plan that illustrates how we envision Fort Collins in the next 25 years. Community Dashboard: A quarterly snapshot of the community’s progress in attaining key outcomes. The Dashboard reinforces the City of Fort Collins’ steadfast commitment to accountability and continuous improvement. Performance measurement initiatives are tracked and reported for overall progress toward community goals. Continuity of Government: Emergency management requirement and plans to maintain essential City functions during emergencies and disasters including governance, telecommunications, health and safety regulation, policing and utility services. Appendix C: Glossary of Terms 1 Packet Pg. 271 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 73 CPIO - Communications and Public Involvement Office: City department charged with pubic information dissemination, communications strategies and public engagement in City services. DART - Days Away Restricted or Transferred DDA - Downtown Development Authority ELT - Executive Lead Team: The City Manager and his executive team FTE’s - Full time equivalents: A full-time employee scheduled to work 40 hours per week is equivalent to 1.0 FTE. Futures Committee: The Futures Committee was formed to assist City Councilmembers in their decision-making process. The goal is to position the City in the distant future (30-plus years) for achievable successes, integrating community desires with known fiscal, social and environmental data. GEMS - Greenhouse Gas Emissions Management System GHG - Greenhouse Gas Emissions GMA - Growth Management Area GSC - Gardens on Spring Creek Home Rule: A form of government under the control of local citizens rather than state government; the City Charter and the ordinances adopted by Council under the Charter supersede any conflicting law of the state in matters of purely local concern. Statutory and constitutional provisions, which allow municipalities to exercise powers of local self-government, such as the administration and collection of local taxes. HR - Human Resources ICMA - International City/County Management Association: A trade organization for Council-Manager cities; a clearinghouse for information regarding cities, including the ICMA Center for Performance Excellence Program of comparative data regarding municipal services. IGA - Intergovernmental Agreement ICS - Incident Command System: A nationally-used, standardized emergency management organizational structure for single or multiple incidents, which can cross organizational or jurisdictional boundaries. IT - Information Technology KFCG - Keep Fort Collins Great: A ballot measure passed in November 2010 approving a 0.85 percent increase in the City sales and use tax rate. Low to Moderate Income: Households whose incomes are below 95 percent of 74 2016 STRATEGIC PLAN Service Areas in the City of Fort Collins, PDT includes the following departments: Community Development and Neighborhood Services, Engineering, Traffic Operations, Transfort (Transit), Parking Services, Streets, and FC Moves (Transportation Planning). PFA - Poudre Fire Authority Place-making: A decision-making approach intended to preserve and enhance a vibrant community by optimizing its economy, environment, and social values. Plan Fort Collins: The City’s comprehensive community planning process that developed City Plan. Performance Measure: Measurement that reflects the service that is being provided and permits objective evaluation of the service program. Plan Elements: Existing plan elements and other related documents that are incorporated into City Plan. Poverty Rate: The Fort Collins poverty rate is 19 percent (2010 US Census). This includes CSU and Front Range Community College student populations. Data is not collected to eliminate those student populations. Excluding 18-to 24-year- olds in the Fort Collins data reduces the local poverty rate to 10.3 percent, but that excludes a larger number of people than just the student populations. Q14 - Employee Engagement Survey: Includes 14 questions; asked of all employees twice per year. Quality Measure: The mathematical expression of how well the service, product or activity was delivered, based on characteristics important to the customers. RAF - Recordable Accident Frequency Result: The effect desired for the public, expressed as broad statements (also as outcomes). RFRs - Request for Results: Key input to the BFO process; developed by Results Teams to solicit Offers from departments to provide services to accomplish results that matter to residents. SAIDI - Electric System Average Interruption Duration Index SARs - Service Area Requests Sense of Place: those characteristics that make an area special or unique, as well as those that foster an authentic feeling of attachment or belonging. 1 Packet Pg. 273 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 75 Sustainability Assessment Tool: A data- driven tool for evaluating the impact of actions on the economy, environment and society. SIT - Strategic Issues Team: A management team that includes all members of ELT, plus other senior managers and internal service managers; meets monthly to provide input to ELT and transmit information to other staff. Strategic Outcomes: A result. The effect that citizens want as a result of government programs and activities (e.g., safety is the result or outcome that citizens want from police and fire programs or activities). There are seven key outcomes that make up the City of Fort Collins strategic planning and budgeting processes. SO - Strategic Objectives: Fundamental issues the City must address. They give direction for accomplishing the mission, contain meaningful planning challenges, and result from organizational input analysis. SP - Strategic Plan: Based on identification and analysis of: (a) organizational inputs, such as emerging trends and issues; financial information; and workforce trends; (b) citizen survey and input information, which included extensive community outreach and the 2013 Citizen Survey; and (c) Council priorities and input. It is linked to City Plan and the Council-adopted master plans. SPP - Strategic Planning Process TBL - Triple Bottom Line: Triple Bottom Line analysis is a concept intended to take into consideration the social, economic and environmental aspects of any project, procedure or purchase. Transportation Master Plan: Long-term vision document that defines the long- term multimodal system that Fort Collins desires in the future, and serves as a comprehensive reference guide regarding transportation issues. URA - Urban Renewal Authority: The Urban Renewal Authority is in place to identify and revitalize areas of the city deemed blighted and provide a funding mechanism to encourage redevelopment. 1 Packet Pg. 274 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) CITY OF FORT COLLINS 76 1 Packet Pg. 275 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Travis Storin, Accounting Director Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2016-064 Acknowledging Receipt of the City's 2015 Audited Comprehensive Annual Financial Report and Federal Compliance Audit Report Prepared by RSM US LLP, an Independent Public Accounting Firm. EXECUTIVE SUMMARY The purpose of this item is to accept delivery of the City’s 2015 audited financial reports provided by the independent public accounting firm, RSM US LLP. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION An annual audit of the City’s financial records was completed within six months of the City's 2015 fiscal year-end of December 31, 2015. Audit opinions are issued for the basic financial statements of the City, compliance with major federal programs, and the schedule of expenditures of federal awards. The City received unqualified and unmodified, or "clean", audit opinions for each report issued. No material weaknesses or significant deficiencies in internal control were noted as part of the audit, and no noncompliance material to the financial statements was noted. In the auditor's opinion, the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Fort Collins as of December 31, 2015 in accordance with accounting principles generally accepted in the United States of America. PUBLIC OUTREACH Staff has posted the documents on the City Finance website and copies of the reports are available upon request. Pursuant to the Charter, a legal notice was published in the Coloradoan summarizing for citizens the results of the audit. ATTACHMENTS 1. Report to City Council (PDF) 2. 2015 Fort Collins Single Audit Report - Federal Compliance (PDF) 3. 2015 Comprehensive Annual Financial Report (PDF) 4. Finance Committee minutes. July 18, 2016 (draft) (PDF) 20 Packet Pg. 276 City of Fort Collins, Colorado Report to the City Council June 14, 2016 ATTACHMENT 1 20.1 Packet Pg. 277 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 555 17th St Suite 1000 Denver, CO 80202 T +1 303 298 6400 F +1 303 298 6401 www.rsmus.com June 14, 2016 To the Honorable Mayor and Members of the City Council and City Manager City of Fort Collins, Colorado Fort Collins, Colorado We are pleased to present this report related to our audit of the basic financial statements of the City of Fort Collins, Colorado (the City) for the year ended December 31, 2015. This report summarizes certain matters required by professional standards to be communicated to you in your oversight responsibility for the City’s financial reporting process. This report is intended solely for the information and use of the City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties. It will be our pleasure to respond to any questions you have about this report. We appreciate the opportunity to continue to be of service to the City of Fort Collins, Colorado. 20.1 Packet Pg. 278 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) Contents Required communications 1-2 Summary of significant accounting estimates 3-5 Summary of uncorrected misstatements 6-7 Recently issued accounting standards 8-9 Exhibit A—Significant written communications between management and our firm Representation letter Control deficiency letter 20.1 Packet Pg. 279 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 1 Required Communications Generally accepted auditing standards (AU-C 260, The Auditor’s Communication with Those Charged with Governance) require the auditor to promote effective two-way communication between the auditor and those charged with governance. Consistent with this requirement, the following summarizes our responsibilities regarding the financial statement audit as well as observations arising from our audit that are significant and relevant to your responsibility to oversee the financial reporting process. Area Comments Our Responsibilities With Regard to the Financial Statement Audit Our responsibilities under auditing standards generally accepted in the United States of America, Government Auditing Standards issued by the Comptroller General of the United States, and provisions of the Uniform Guidance and OMB’s Compliance Supplement have been described to you in our arrangement letter dated March 10, 2016. Our audit of the financial statements does not relieve management or those charged with governance of their responsibilities which are also described in that letter. Overview of the Planned Scope and Timing of the Financial Statement Audit We have issued a separate communication regarding the planned scope and timing of our audit and have discussed with you our identification of and planned audit response to significant risks of material misstatement. Accounting Policies and Practices Preferability of Accounting Policies and Practices Under generally accepted accounting principles, in certain circumstances, management may select among alternative accounting practices. In our view, in such circumstances, management has selected the preferable accounting practice. Adoption of, or Change in, Accounting Policies Management has the ultimate responsibility for the appropriateness of the accounting policies used by the City. In the current year, the City adopted the following Governmental Accounting Standards Board (GASB) Statement: x GASB Statement No. 68, Accounting and Financial Reporting for Pensions.The primary objective of this Statement is to improve accounting and financial reporting by state and local governments for pensions. The adoption of this Statement required the City to recognize its long-term obligation for pension benefits related to the General Employees’ Retirement Plan (GERP) as a liability within their financial statements, as well as, to more comprehensively and comparably measure the annual costs of pension benefits. This statement also enhances the accountability and transparency through revised and new note disclosures and required supplementary information. As a result of implementing this new Statement, the City restated (reduced) its beginning net position of the governmental activities, business-type activities, each major enterprise fund and the aggregate remaining fund information to record a net pension liability relating to GERP by $2.5 million and $5.9 million for governmental activities and business-type activities, respectively. 20.1 Packet Pg. 280 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 2 Area Comments Significant or Unusual Transactions We did not identify any significant or unusual transactions or significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Management’s Judgments and Accounting Estimates Summary information about the process used by management in formulating particularly sensitive accounting estimates and about our conclusions regarding the reasonableness of those estimates is in the attached Summary of Significant Accounting Estimates. Audit Adjustments There were no audit adjustments proposed by us that were made to the original trial balance presented to us to begin our audit. Uncorrected Misstatements Uncorrected misstatements are summarized in the attached Summary of Uncorrected Misstatements. Disagreements With Management We encountered no disagreements with management over the application of significant accounting principles, the basis for management’s judgments on any significant matters, the scope of the audit, or significant disclosures to be included in the financial statements. Consultations With Other Accountants We are not aware of any consultations management had with other accountants about accounting or auditing matters. Significant Issues Discussed With Management No significant issues arising from the audit were discussed with or were the subject of correspondence with management. Significant Difficulties Encountered in Performing the Audit We did not encounter any significant difficulties in dealing with management during the audit. Accounting Pronouncements Please refer to the attachment for new accounting pronouncements that have been recently issued that may affect the City’s financial statements in future periods. Report on Internal Control Over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards We have separately issued a report on internal control over financial reporting and on compliance and other matters based on our audit of the financial statements and major awards, as required by the Government Auditing Standards and the Uniform Guidance. This communication is included within the compliance report of the City for the year ended December 31, 2015. Significant Written Communications Between Management and Our Firm Copies of significant written communications between our firm and the 3 Summary of Significant Accounting Estimates Accounting estimates are an integral part of the preparation of financial statements and are based upon management’s current judgment. The process used by management encompasses their knowledge and experience about past and current events and certain assumptions about future events. You may wish to monitor throughout the year the process used to determine and record these accounting estimates. The following describes the significant accounting estimates reflected in the City’s December 31, 2015 basic financial statements. Estimate Accounting Policy Management’s Estimation Process Basis for Our Conclusions on Reasonableness of Estimate Depreciable Useful Life of Capital Assets The depreciable useful life of capital assets is set at the estimated useful life of the related asset. The determination is made at the time the asset is placed into service and involves various judgments and assumptions based on prior experience. We tested the propriety of information underlying management’s estimates. Based on our procedures, we concluded that management’s estimates are reasonable. Incurred But Not Reported (IBNR) Property Liability, Worker’s Compensation, Health Dental and Vision The City records an estimated reserve for workers’ compensation and other risk management liabilities based on actual and estimated claims outstanding as of year- end, and calculations performed by a specialist and include numerous assumptions and estimates. The assumption factors to estimate the year-end 4 Estimate Accounting Policy Management’s Estimation Process Basis for Our Conclusions on Reasonableness of Estimate Allowance for Doubtful Accounts The allowance for doubtful accounts is based on management’s estimate of collectability of identified receivables, as well as aging of customer accounts. The allowance is adjusted as information and specific accounts become available. The City also compares current allowance amounts to prior-year collection or write-off experience. We tested the underlying information supporting this allowance, including the most recent aging reports and collection experience. We concluded that management’s estimate is reasonable. Net Pension Liability The City’s net pension liability and related deferred inflows and outflows of resources and pension expenses from the General Employees’ Retirement Plan are recorded in the financial statements in accordance with GASB Statement No. 68. The City uses an actuary to calculate the net pension liability/asset and expense based on assumptions and estimates established by the Plan’s Board and management from past history and investment returns. City management reviews 5 Estimate Accounting Policy Management’s Estimation Process Basis for Our Conclusions on Reasonableness of Estimate Assets Held for Sale The assets held for sale are recorded at the lower of cost or fair value. The assets held for sale are initially recorded at cost and evaluated by management on an annual basis for any declines in the value of the property based on fair value. Fair value is the sale price of the property when it eventually sells, less selling costs. We tested the underlying information supporting this estimate and concluded that the estimate and the process used by management is reasonable. Modified Approach Infrastructure The City has elected to use the “Modified Approach” as defined by GASB Statement No. 34 for infrastructure reporting for its streets pavement system. These assets are not required to be depreciated, but the City is required to estimate the annual amount to maintain and preserve the assets at the established condition assessment level. The City’s pavement management program conducts condition assessment surveys on a three-year cycle. Based on the information obtained for these surveys, the City uses a pavement 6 Summary of Uncorrected Misstatements During the course of our audit, we accumulated uncorrected misstatements that were determined by management to be immaterial, both individually and in the aggregate, to the basic financial statements and to the related basic financial statement disclosures. Following is a summary of those differences. Governmental Activities Assets Liabilities Net Position Revenue Expense Description: Carryover impact from previous years $ - $ - $ 1,154,000 $ (1,041,000) $ (113,000) Current misstatement, factual: Overstatement of current year expenses from capital asset correcting entry - - 325,000 - (325,000) To correct the unreconciled bank to book cash balances 352,000 - - (244,000) (108,000) Subtotal $ 352,000 $ - 1,479,000 $ (1,285,000) $ (546,000) Effect of current year passed adjustments on net position (1,831,000) Total $ (352,000) Aggregate Remaining Fund Information Assets Liabilities Fund Balance/ Net Position Revenue Expense/ Expenditure Description: Carryover impact from previous years $ - $ - $ 401,000 $ (288,000) $ (113,000) Current misstatement, factual: To correct the unreconciled bank to book cash balances 352,000 - - (244,000) (108,000) Subtotal $ 352,000 $ - 401,000 $ (532,000) $ (221,000) Effect of current year passed adjustments on fund balance (753,000) Total $ (352,000) Business-Type Activities Assets Liabilities Net Position Revenue Expense Description: Carryover impact from previous years $ - $ - $ (164,000) $ - $ 164,000 Current misstatement, factual: Correction of errors recorded in prior years relating to inappropriately capitalized interest for the Halligan Water Supply Project - - 962,000 - (962,000) Entry to record capitalized interest 1,646,000 - - - (1,646,000) Subtotal $ 1,646,000 $ - 798,000 $ - $ (2,444,000) Effect of current year passed adjustments on net position (2,444,000) Total $ (1,646,000) Debit (Credit) to Correct the Misstatements Debit (Credit) to Correct the Misstatements Debit (Credit) to Correct the Misstatements 20.1 Packet Pg. 285 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 7 Summary of Uncorrected Misstatements (Continued) Water Fund Assets Liabilities Net Position Revenue Expense Description: Carryover impact from previous years $ - $ - $ (164,000) $ - $ 164,000 Current misstatement, factual: Correction of errors recorded in prior years relating to inappropriately capitalized interest for the Halligan Water Supply Project - - 962,000 - (962,000) Entry to record capitalized interest 460,000 - - - (460,000) Subtotal $ 460,000 $ - 798,000 $ - $ (1,258,000) Effect of current year passed adjustments on net position (1,258,000) Total $ (460,000) Light and Power Fund Assets Liabilities Net Position Revenue Expense Description: Carryover impact from previous years $ - $ - $ - $ - $ - Current misstatement, factual: Entry to record capitalized interest 448,000 - - - (448,000) Subtotal $ 448,000 $ - - $ - $ (448,000) Effect of current year passed adjustments on net position (448,000) Total $ (448,000) Wastewater Fund Assets Liabilities Net Position Revenue Expense Description: Carryover impact from previous years $ - $ - $ - $ - $ - Current misstatement, factual: Entry to record capitalized interest 477,000 - - - (477,000) Subtotal $ 477,000 $ - - $ - $ (477,000) Effect of current year passed adjustments on net position (477,000) Total $ (477,000) Storm Drainage Fund Assets Liabilities Net Position Revenue Expense Description: Carryover impact from previous years $ - $ - $ - $ - $ - Current misstatement, factual: Entry to record capitalized interest 261,000 - - - (261,000) Subtotal $ 261,000 $ - - $ - $ (261,000) Effect of current year passed adjustments on net position (261,000) Total $ (261,000) Debit (Credit) to Correct the Misstatements Debit (Credit) to Correct the Misstatements Debit (Credit) to Correct the Misstatements Debit (Credit) to Correct the Misstatements 20.1 Packet Pg. 286 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 8 Recently Issued Accounting Standards The GASB has issued several statements not yet implemented by the City. The City’s management has not yet determined the effect these statements will have on the City’s financial statements. However, the City plans to implement all standards by the required dates. The standards which will impact the City are as follows: GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions This Statement, issued June 2015, will be effective for the City beginning with its fiscal year ending December 31, 2018. The Statement replaces the requirements of GASB Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions and requires governments to report a liability on the face of the financial statements for the OPEB they provide and outlines the reporting requirements by governments for defined benefit OPEB plans administered through a trust, cost-sharing OPEB plans administered through a trust and OPEB not provided through a trust. The Statement also requires governments to present more extensive note disclosures and required supplementary information about their OPEB liabilities. Some governments are legally responsible to make contributions directly to an OPEB plan or make benefit payments directly as OPEB comes due for employees of other governments. In certain circumstances, called special funding situations, the Statement requires these governments to recognize in their financial statements a share of the other government’s net OPEB liability. GASB Statement No. 77, Tax Abatement Disclosures This Statement, issued August 2015, will be effective for the City beginning with its fiscal year ending December 31, 2016. The requirements of this Statement improve financial reporting by giving users of financial statements essential information that is not consistently or comprehensively reported to the public at present. Disclosure of information about the nature and magnitude of tax abatements will make these transactions more transparent to financial statement users. As a result, users will be better equipped to understand (1) how tax abatements affect a government’s future ability to raise resources and meet its financial obligations and (2) the impact those abatements have on a government’s financial position and economic condition. GASB Statement No. 79, Certain External Investment Pools and Pool Participants This Statement, issued December 2015, will be effective for the City beginning with its fiscal year ending December 31, 2016. This Statement will enhance comparability of financial statements among governments by establishing specific criteria used to determine whether a qualifying external investment pool may elect to use an amortized cost exception to fair value measurement. Those criteria will provide qualifying external investment pools and participants in those pools with consistent application of an amortized cost-based measurement for financial reporting purposes. That measurement approximates fair value and mirrors the operations of external investment pools that transact with participants at a stable net asset value per share. GASB Statement No. 80, Blending Requirements for 9 GASB Statement No. 82, Pension Issues – an amendment of GASB Statements No. 67, No. 68, and No. 73 This Statement, issued March 2016, will be effective for the City beginning with its fiscal year ending December 31, 2017. The requirements of this Statement will improve financial reporting by enhancing consistency in the application of financial reporting requirements to certain pension issues. 20.1 Packet Pg. 288 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) Exhibit A—Significant Written Communications between Management and Our Firm 20.1 Packet Pg. 289 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 290 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 291 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 292 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 293 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 294 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 295 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 296 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 555 17th St Suite 1000 Denver, CO 80202 T +1 303 298 6400 F +1 303 298 6401 www.rsmus.com June 14, 2016 To the Honorable Mayor and Members of the City Council and City Manager City of Fort Collins, Colorado In planning and performing our audit of the financial statements of the City of Fort Collins, Colorado (the City) as of and for the year ended December 31, 2015, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A deficiency in design exists when (a) a control necessary to meet the control objective is missing, or (b) an existing control is not properly designed so that, even if the control operates as designed, the control objective would not be met. A deficiency in operation exists when a properly designed control does not operate as designed or when the person performing the control does not possess the necessary authority or competence to perform the control effectively. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Following are descriptions of other identified deficiencies in internal control that we determined did not constitute significant deficiencies or material weaknesses: Cash Reconciliations The City did not reconcile all bank accounts in a timely manner throughout the year ending December 31, 2015. Cash reconciliations provided during the audit had unreconciled differences between the bank statements and general ledger of approximately $352,000. We recommend the City establish procedures to prepare and review cash reconciliations timely and accurately to reconcile the bank balance to the book balance with no significant unreconciled differences. 20.1 Packet Pg. 297 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) City of Fort Collins, Colorado June 14, 2016 Page 2 Reconciliation of Federal Transit Administration (FTA) grant expenditures During 2015, the City performed monthly reconciliations of the FTA drawdowns requested/received to the amounts recorded in the general ledger. The City utilized these drawdown requests to populate the year- end schedule of expenditures of federal awards (SEFA). The City does not have an adequate process in place however, for also reconciling expenditure accruals recorded in the general ledger subsequent to year-end, to the SEFA to ensure these expenditure accruals are recorded properly in the SEFA. As a result of this, FTA expenditures were reported on the 2015 SEFA that should have been reported on the 2014 SEFA, consistent with the expenditure recognition in the financial statements. We recommend the City develop an adequate process to reconcile year-end expenditure accruals to the SEFA to verify that federal expenditures for the FTA grants are reported in the proper period. This communication is intended solely for the information and use of management, City Council, others within the City, and is not intended to be and should not be used by anyone other than these specified parties. 20.1 Packet Pg. 298 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.1 Packet Pg. 299 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) City of Fort Collins, Colorado Compliance Report Year Ended December 31, 2015 ATTACHMENT 2 20.2 Packet Pg. 300 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) Contents Schedule of expenditures of federal awards 1-2 Notes to schedule of expenditures of federal awards 3 Report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards 4-5 Report on compliance for each major federal program; report on internal control over compliance; and report on the schedule of expenditures of federal awards required by The Uniform Guidance 6-7 Summary schedule of prior audit findings 8 Schedule of findings and questioned costs 9-10 Corrective action plan 11 20.2 Packet Pg. 301 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 1 City of Fort Collins, Colorado Schedule of Expenditures of Federal Awards Year Ended December 31, 2015 Federal Pass-Through Federal Grantor/ CFDA Entity Identifying Federal Pass-Through Grantor/Program Title Number Number Expenditures Department of Housing and Urban Development Community Development Block Grants (Direct): Grant Year 2010 / 2011 14.218 B-10-MC-08-0008 $ 8,996 Grant Year 2012 / 2013 14.218 B-12-MC-08-0008 290,455 Grant Year 2013 / 2014 14.218 B-13-MC-08-0008 617,475 Grant Year 2014 / 2015 14.218 B-14-MC-08-0008 195,135 Grant Year 2015 / 2016 14.218 B-15-MC-08-0008 79,411 Subtotal 1,191,472 Home Investment Partnership Programs (Direct): Grant Year 2011 / 2012 14.239 M-11-MC-08-0209 45,466 Grant Year 2012 / 2013 14.239 M-12-MC-08-0209 52,329 Grant Year 2013 / 2014 14.239 M-13-MC-08-0209 28,941 Grant Year 2014 / 2015 14.239 M-14-MC-08-0209 1,053 Grant Year 2015 / 2016 14.239 M-15-MC-08-0209 12,490 Subtotal 140,279 Total Department of Housing and Urban Development 1,331,751 Department of Justice (Passed through the Colorado Division of Criminal Justice): RJ Juvenile Diversion Grant 16.523 None 49,022 Internet Crimes Against Children 16.543 2015-MC-FX-K009 7,000 JAG Grant 16.738 2013-DJ-BX-0149 22,337 Total Department of Justice 78,359 Department of Transportation National Highway Traffic Safety Administration (Passed through the Colorado Department of Transportation): DUI Grant 20.601 None 13,910 Police LEAF Grant 20.601 None 8,147 Seatbelt Grant 20.604 None 6,926 Total National Highway Traffic Safety Administration 28,983 Federal Highway Administration (Passed through the Colorado Department of Transportation): FC Bikes - CMAQ 20.205 14 HTD-649742 199,100 Horsetooth/Timberline Improvements 20.205 ACQ M455-010 (19307) 319,802 Traffic Responsive Signal System 20.205 AQC M455-098 (17573) 155,937 Jefferson Street/SH 14 Intersection 20.205 ACQ M455-088 (16525) 16,188 W Mulberry St Bridge Rprs 20.205 BRO M455-113 (19747) 371,956 Drake/Shield Intersection Impv 20.205 SHO M455-108 (19059) 45,979 Mulberry/Lemay Ped Brdg-P Trl 20.205 STE M455-105 (18399) 368,000 US287 - Conifer to Willox 20.205 STE M455-106 (18401) 3,571,910 Shields/Vine Intersection Improvements 20.205 STU M455-108 (18877) 827,980 N.College Pedestrian Connection 20.205 AQC M455-111 (19561) 25,882 Total Federal Highway Administration 5,902,734 (Continued) 20.2 Packet Pg. 302 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 2 City of Fort Collins, Colorado Schedule of Expenditures of Federal Awards (Continued) Year Ended December 31, 2015 Federal Pass-Through Federal Grantor/ CFDA Entity Identifying Federal Pass-Through Grantor/Program Title Number Number Expenditures Federal Transit Administration (Cluster) (Formula Grants - Capital 5309) (Direct): Capital 5309 (2010) 20.500 CO-04-0086-00 83,300 State of Good Repair (5309) -2010 20.500 CO-04-0087-00 541,863 State of Good Repair (5309) -2012 20.500 CO-04-0113-00 1,065,712 Section 5339 - 2013 20.500 CO-34-0004-00 261,963 2009 Mason Corridor Small Starts 20.500 CO-03-0206-01 2,587,179 Subtotal 4,540,017 (Urbanized Area Formula Grants - 5307) (Direct): 08/09 Flexed FHWA CMAQ 20.507 CO-95-X004-00 16,805 2013 Capital & Operating 20.507 CO-90-X217-00 2,214,134 2014 Capital & Operating 20.507 CO-90-X219-00 5,332,186 2013 Rides to Wellness - 2013 20.507 CO-16-X048-00 74,936 2013 Rides to Wellness - 2014 20.507 CO-16-X049-00 26,709 7,664,770 Total Federal Transit Administration (Cluster) 12,204,787 Total Department of Transportation 18,136,504 Institute of Museum and Library Services (Direct) IMLS High Park Fire 45.301 MA-10-13-0562-13 63,976 Environmental Protection Agency (Passed through the Colorado Department of Public Health and Environment): 2013-2014 Radon Grant 66.032 None 4,973 Department of Veterans Affairs Veterans Adaptive Sports Grant (Direct) 64.034 2015-ASG-16 15,885 Department of Energy (Direct) ARRA - Smart Grid Investment Grant 81.122 DE-OE0000357 1,193,838 Office of National Drug Control Policy (Direct) HIDTA Grant 95.001 G14RM0020A 116,190 Total Expenditures of Federal Awards $ 20,941,476 See notes to schedule of expenditures of federal awards. 20.2 Packet Pg. 303 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) City of Fort Collins, Colorado Notes to Schedule of Expenditures of Federal Awards Year Ended December 31, 2015 3 Note 1. Basis of Presentation The accompanying schedule of expenditures of federal awards (the “Schedule”) includes the federal grant activity of the City of Fort Collins, Colorado (the City) and its discretely presented component unit under programs of the federal government for the year ended December 31, 2015. All federal awards received directly from federal agencies, as well as federal awards passed through other governmental entities, are included in the Schedule. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position or cash flows of the City. Note 2. Significant Accounting Policies Expenditures of federal awards are reported on the modified accrual basis of accounting in the governmental funds and the accrual basis of accounting in the proprietary funds. Expenditures of federal awards are recognized in the accounting period when the liability is incurred. Such expenditures are recognized following the cost principles contained OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments, or the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. Pass-through identifying numbers are presented where available. Note 3. Subrecipients Of the federal expenditures presented in the schedule, the City provided federal awards to subrecipients during the year ended December 31, 2015, as follows: Amount Federal CFDA Provided to Program Title Number Subrecipients Community Development Block Grant (CDBG) - Entitlement Grants 14.218 $ 944,379 Home Investment Partnership Program 14.239 118,072 20.2 Packet Pg. 304 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 4 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditor’s Report Honorable Mayor and Members of the City Council and City Manager of the City of Fort Collins, Colorado Fort Collins, Colorado We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information of the City of Fort Collins, Colorado (the City), as of and for the year ended December 31, 2015, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated June 14, 2016. The beginning net position of the governmental activities, business-type activities, each major enterprise fund and the aggregate remaining fund information was restated due to the implementation of GASB Statement No. 68 to recognize a net pension liability. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 20.2 Packet Pg. 305 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 5 Compliance and Other Matters As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Denver, Colorado June 14, 2016 20.2 Packet Pg. 306 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 6 Report on Compliance for Each Major Federal Program, Report on Internal Control Over Compliance and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance Independent Auditor’s Report Honorable Mayor and Members of the City Council and City Manager of the City of Fort Collins, Colorado Fort Collins, Colorado Report on Compliance for Each Major Federal Program We have audited the City of Fort Collins, Colorado’s (the City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended December 31, 2015. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Management’s Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts and grants applicable to its major federal programs. Auditor’s Responsibility Our responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City’s compliance. Opinion on Each Major Federal Program In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2015. 20.2 Packet Pg. 307 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 7 Report on Internal Control over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with The Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Fort Collins, Colorado as of and for the year ended December 31, 2015, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated June 14, 2016, which contained unmodified opinions on those financial statements. The beginning net position of the governmental activities, business-type activities, each major enterprise fund and the aggregate remaining fund information was restated due to the implementation of GASB Statement No. 68 to recognize a net pension liability. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole. Denver, Colorado June 14, 2016 20.2 Packet Pg. 308 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 8 City of Fort Collins, Colorado Summary Schedule of Prior Audit Findings Year Ended December 31, 2015 Corrective Action or Number Comment Status Other Explanation None Reported 20.2 Packet Pg. 309 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 9 City of Fort Collins, Colorado Schedule of Findings and Questioned Costs Year Ended December 31, 2015 I. Summary of the Independent Auditor's Results Financial Statements Type of auditor's report issued: Unmodified Internal control over financial reporting: . Material weakness(es) identified? Yes No . Significant deficiency(ies) identified? Yes No . Noncompliance material to financial statements noted? Yes No Federal Awards Internal control over major programs: . Material weakness(es) identified? Yes No . Significant deficiency(ies) identified? Yes No Type of auditor's report issued on compliance for major programs: Unmodified . Any audit findings disclosed that are required to be reported in accordance with Section 2 CFR 200.516(a)? Yes No Identification of major programs: CFDA Number Name of Federal Program or Cluster 20.205 Federal Highway Administration Grants 81.122 ARRA - Smart Grid Investment Grant Dollar threshold used to distinguish between type A and type B programs: $750,000 Auditee qualified as low-risk auditee? Yes No (Continued) 20.2 Packet Pg. 310 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) City of Fort Collins, Colorado Schedule of Findings and Questioned Costs (Continued) Year Ended December 31, 2015 10 II. Findings Related to the Financial Statement Audit as Required to be Reported in Accordance with Generally Accepted Government Auditing Standards A. Internal Control None reported. B. Compliance findings None reported. III. Findings and Questioned Costs for Federal Awards A. Internal Control None reported. B. Instances of Noncompliance None reported. 20.2 Packet Pg. 311 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 11 City of Fort Collins, Colorado Corrective Action Plan Year Ended December 31, 2015 Anticipated Current Date Number Comment Corrective Action Plan of Completion Contact Person None reported 20.2 Packet Pg. 312 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) 20.2 Packet Pg. 313 Attachment: 2015 Fort Collins Single Audit Report - Federal Compliance (4705 : Financial Statement and Federal Compliance Audit Acceptance) Attachment 3 The 2015 Comprehensive Annual Financial Report is available at http://www.fcgov.com/finance/pdf/cafr-2015.pdf 20.3 Packet Pg. 314 Attachment: 2015 Comprehensive Annual Financial Report (4705 : Financial Statement and Federal Compliance Audit Acceptance) Council Audit & Finance Committee Minutes 07/18/16 9:30 - 11:30 am CIC Room Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Council Attendees: Mayor Wade Troxell, Gerry Horak, Ross Cunniff (arrived at 10 am) Staff: Darin Atteberry, Jeff Mihelich, Mike Beckstead, Travis Storin, Kelly DiMartino, Jamie Heckman, Lynn Sanchez, John Duval, Andres Gavaldon, Carolyn Koontz Others: Kevin Smith, RSM, Brian Wilkerson, Revolution Advisors (HR) Kristi Hess, HR Consultant OMNI Employment Management Services, Rich Shannon and Katy Kohnen from ColoradoCare, Kevin Jones, Chamber of Commerce and Dale Adamy Meeting started at 9:43 am. APPROVAL OF MINUTES Mayor Troxell made a motion to approve the June 20, 2016 Council Finance Committee minutes. Gerry Horak made a second to the motion. The minutes were approved unanimously. A. 2015 Audit Review Travis Storin, Accounting Director Kevin Smith, Assurance Partner, RSM US LLP EXECUTIVE SUMMARY RSM will be presenting the Report to the City Council. This report covers the audit of the basic financial statements and compliance of the City of Fort Collins for year-end December 31, 2015. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff seeks input on areas of priority or concern, other than those established in this Report to the City Council, for matters of recordkeeping and/or the City’s internal control environment. Otherwise there are no specific questions to be answered as this is a 2015 year-end report. BACKGROUND/DISCUSSION Every year the City is required to be audited in compliance with Government Auditing Standards. RSM finalized its financial statement audit and compliance report on June 14, 2016 and the firm is required to report the results of the audit to those charged with governance. ATTACHMENT 4 20.4 Packet Pg. 315 Attachment: Finance Committee minutes. July 18, 2016 (draft) (4705 : Financial Statement and Federal Compliance Audit Acceptance) 2 There were no findings identified related to Federal Grants in the Compliance Report. Financial misstatements identified by the auditors that were deemed immaterial for adjustment and control deficiencies identified by the auditors can be found in the Report to the City Council, Exhibit A. Staff will provide a written response to the audit findings and misstatements at the October Council Finance Committee meeting. Report to City Council - Formal communication document - Purpose of the audit is to give an opinion on the financial statements. Clean opinion was issued. Note: There was one major new accounting standard change this year involving new pension standards reporting. GERP has been added to the reporting and is reflected as a $14m liability. At the end of the Report to City Council document - Controlled Deficiency letter which outlines areas for improvement; 1) Cash Reconciliations - there were some unreconciled items at the end of the year – must be reporting in a timely manner and differences resolved 2) Reconciliation of Federal Transit Administration (FTA) grant expenditures - must be reported in a timely manner Compliance Report - Results of Federal Compliance audit - 2 programs tested this year; 1) Federal Highway Admin Grants - no findings 2) Smart Grid Program - no findings Mike Beckstead commented; our grant program has two components. In the 15-16 budget Council funded a grants process position (to help find grants) and Nalo Johnson fills that role. In addition we have a grants compliance person who then monitors compliance before the grant application is submitted to ensure we can meet all the requirements and obligations and to complete all necessary filing and forms. . Mayor Wade Troxell asked; can we pull together some information on the grant program - pre and post award to include; 1) what we are soliciting 2) number of proposals and plot that over time, how much and how many and to what agencies. Darin Atteberry added; some of the feedback we have received over the years is what got us thinking about grant compliance and how we needed to do that in a different way. We have made this an area of focus for constant improvement and we plan to keep it separate and very intentional. Nalo is working as a grant seeker. She helps find opportunities and also helps with writing the grants as needed. Mayor Wade Troxell and Darin Atteberry would like to see metrics that show that there is success there as the council conversation was very intentional about leveraging non-traditional funds (includes state and federal). Mike Beckstead added; every 3 years FTA comes in and does a deep dive review into purchasing and operations. We have had two reviews in a row with almost a perfect score. Gerry Paul had a big hand in that - I don’t have any concerns based on the last two audits. 20.4 Packet Pg. 316 Attachment: Finance Committee minutes. July 18, 2016 (draft) (4705 : Financial Statement and Federal Compliance Audit Acceptance) 3 Mayor Wade Troxell asked; should these 2 letters go to council for acceptance? Gerry Horak agreed that this should go to Council to be accepted. Next Step: We will bring forward to Council on resolution. 20.4 Packet Pg. 317 Attachment: Finance Committee minutes. July 18, 2016 (draft) (4705 : Financial Statement and Federal Compliance Audit Acceptance) -1- RESOLUTION 2016-064 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACKNOWLEDGING RECEIPT OF THE CITY’S 2015 AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FEDERAL COMPLIANCE AUDIT REPORT PREPARED BY RSM US LLP, AN INDEPENDENT PUBLIC ACCOUNTING FIRM WHEREAS, Article II, Section 17 of the City Charter requires the City Council to provide for an independent audit of all the City’s financial books and accounts to be conducted at least once annually by a certified public accountant; and WHEREAS, the City contracted with the independent certified public accounting firm of RSM US LLP (“RSM”) to conduct this audit for the City’s 2015 fiscal year; and WHEREAS, RSM has completed its independent audit of the City’s 2015 financial records and has delivered to the City’s Financial Officer its Comprehensive Annual Financial Report 2015 and Federal Compliance Audit Report for 2015, both of which are on file with the City Clerk (jointly, the “2015 Audited Financial Reports”); and WHEREAS, Article II, Section 17 also required that a summary of the 2015 Audited Financial Reports be published once in the manner provided for a legal notice within five months after the end of the City’s 2015 fiscal year, which summary was so published in the Coloradoan on May 31, 2016. NOW, THEREFORE, BE IT RESOLVED 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 acknowledges the City’s receipt of the 2015 Audited Financial Reports provided by RSM. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 318 Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Beth Sowder, Director of Social Sustainability Jackie Kozak-Thiel, Chief Sustainability Officer SUBJECT Resolution 2016-065 Expressing the City Council’s Support for the Passage of a Larimer County Ballot Issue Imposing a Twenty Five One-Hundredths of One Percent Countywide Sales and Use Tax for the Construction, Improvement, Maintenance, and Operations of a Mental Health, Detox and Substance Abuse Treatment Facility and Related Community Services, and Urging the Citizens of Fort Collins to Vote "Yes" on this Ballot Issue. EXECUTIVE SUMMARY The purpose of this item is for the City Council to express its support of the Larimer County proposal for the imposition of a 0.25% countywide sales and use tax for the construction, improvement, maintenance, and operations of a mental health, detox and substance abuse treatment facility and related community services which was referred by the Larimer County Commissioners to the 2016 general election ballot for the approval of such proposal. STAFF RECOMMENDATION None. BACKGROUND / DISCUSSION The lack of critical behavioral health services has a direct impact on major City of Fort Collins concerns. Community residents, their families, and workplaces, are all directly and significantly impacted by the lack of adequate depth and continuum of mental health and substance use disorder treatment. The gaps in services also have a substantial impact on services and issues with a direct relationship to the City, including police services, the criminal justice system, businesses, poverty, homelessness, and support services for those living in permanent supportive housing. The Community Mental Health and Substance Abuse Partnership’s study considered the additional services needed in the community, how they could be organized, and the cost. Larimer County has been considering the possibility of developing a long-term solution for filling the critical gaps. A citizen’s group has formed to advocate for solutions. Bridging the critical gaps in behavioral health treatment services, if achieved, is anticipated to have a notable impact on health, quality of life, and societal and services costs. For these reasons, the Larimer County Commissioners referred this proposal to the 2016 general election ballot. The expected cost for land and construction of a 51,000 square-foot facility is $20.42 million and anticipated annual operating costs of $11.77 million (operating cost of $15.77 million minus revenue). The cost to the public is a sales tax of 25 cents on $100 spent for a new behavioral health facility. Larimer County taxes are expected to increase by $16,500,000.00 in 2017, and by whatever additional amounts is raised annually thereafter for 25 years. Because this proposed facility and services will fill gaps in our community, aims to ensure people have access to the help they need through a continuum of care in their community, and that treatment is an investment in 21 Packet Pg. 319 Agenda Item 21 Item # 21 Page 2 the health and well-being of our community, the Fort Collins City Council supports and endorses this ballot issue. CITY FINANCIAL IMPACTS Support for this project should have a modest impact on Police call volume activity that should generate productivity and efficiency improvements. Staff does not anticipate any direct cost impact on City operations. ATTACHMENTS 1. July 26, 2016 Work Session Summary (PDF) 21 Packet Pg. 320 ATTACHMENT 1 21.1 Packet Pg. 321 Attachment: July 26, 2016 Work Session Summary (4716 : County Behavioral Health Facility) 21.1 Packet Pg. 322 Attachment: July 26, 2016 Work Session Summary (4716 : County Behavioral Health Facility) -1- RESOLUTION 2016-065 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL’S SUPPORT FOR THE PASSAGE OF A LARIMER COUNTY BALLOT ISSUE IMPOSING A TWENTY FIVE ONE- HUNDREDTHS OF ONE PERCENT COUNTYWIDE SALES AND USE TAX FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND OPERATIONS OF A MENTAL HEALTH, DETOX AND SUBSTANCE ABUSE TREATMENT FACILITY AND RELATED COMMUNITY SERVICES, AND URGING THE CITIZENS OF FORT COLLINS TO VOTE “YES” ON THIS BALLOT ISSUE WHEREAS, mental illness and substance-use disorders are serious health issues for one in four people in Larimer County; and WHEREAS, mental illness and substance-use disorders are treatable health conditions, but too often people in crisis end up at an emergency room, in jail, or are taken to a detox facility in Greeley; and WHEREAS, our community would benefit from a public, community-based mental illness and behavioral health treatment center that could provide a continuum of care for mental health, detox, and substance abuse treatment and services that would be less costly than jails, emergency rooms, or travelling outside the county for services; and WHEREAS, on August 2, 2016, the Larimer County Board of County Commissioners adopted Resolution No. 08022016R007, which placed on the November 8, 2016, general election ballot a ballot issue that, if passed, would increase the County’s sales and use taxes by .25%, with the revenue from such tax being used to construct, improve, maintain and operate a treatment and detox facility for mental health, substance abuse, and alcohol abuse, and to operate out-patient and support services in connection with such facility; and WHEREAS, the expected cost for land and construction of a 51,000-square-foot facility is $20.42 million with anticipated annual operating costs of $11.77 million; and WHEREAS, Larimer County taxes would be expected to increase by $16,500,000 in 2017, and by whatever additional amount is raised annually thereafter for 25 years; and WHEREAS, the proposed facility would fill gaps in care in the community by accommodating 4,700 adults annually, and is an investment in the health and well-being of our community. 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 for the reasons set forth above, the City Council fully supports the Packet Pg. 323 -2- passage of the Larimer County ballot issue described herein. Section 3. That the City Council urges every Larimer County registered voter to go to the polls on November 8, 2016, and to vote “YES” on the ballot issue to increase sales and use taxes by .25% to support the construction and operation of a mental health, substance abuse and alcohol abuse treatment facility in Larimer County. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 324 Agenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Darin Atteberry, City Manager SUBJECT Resolution 2016-066 Appointing Two Representatives to the Colorado Municipal League Policy Committee. EXECUTIVE SUMMARY The purpose of this item is to appoint Councilmember Ray Martinez and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Colorado Municipal League (CML) Policy Committee functions each year from approximately September through August. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League’s policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. The first CML Policy Committee meeting will be held on Friday, October 14, 2016. The terms for these appointments will continue until the date that the City Council next appoints members of Council to their board and commission liaison positions and makes other Council appointments once the newly elected Council is seated after the April 4, 2017, election. 22 Packet Pg. 325 -1- RESOLUTION 2016-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING TWO REPRESENTATIVES TO THE COLORADO MUNICIPAL LEAGUE POLICY COMMITTEE WHEREAS, the Colorado Municipal League (the “League”) is an influential voice for municipal interests on state and federal policies and legislation affecting municipalities; and WHEREAS, the League is also an important source of information for municipal officials in serving their communities; and WHEREAS, the citizens of Fort Collins are best served by an informed and effective local government; and WHEREAS, the League Policy Committee is responsible for reviewing legislative proposals and making recommendations to the League Executive Board; and WHEREAS, the Policy Committee proposes to the League membership revisions to the League’s policies which guide League positions on public policy issues affecting municipalities; and WHEREAS, it is in the best interests of the City to have maximum representation on the Policy Committee; and WHEREAS, the Legislative Review Committee has recommended that Councilmember Ray Martinez and City Manager Darin Atteberry be appointed to represent the City on the Colorado Municipal League Policy Committee. 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 Councilmember Ray Martinez and City Manager Darin Atteberry are hereby appointed to represent the City on the Colorado Municipal League Policy Committee until such time that the City Council next appoints representatives to said Committee. Packet Pg. 326 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 327 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2016-067 Making Appointments to the Citizen Review Board. EXECUTIVE SUMMARY The purpose of this item is to appoint Sarah Harris, Don Whitson, and Pranaya Sathe to the Citizen Review Board to fill board vacancies which currently exist due to the resignations of Ethan Schlemer, Jason Sydoriak, and John Heilman. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 23 Packet Pg. 328 -1- RESOLUTION 2016-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE CITIZEN REVIEW BOARD WHEREAS, three vacancies currently exist on the Citizen Review Board due to resignations; WHEREAS, Councilmembers and the City Manager interviewed applicants for these vacancies on July 26, 2016; and WHEREAS, from the pool of applicants for these Boards, Sarah Harris, Don Whitson, and Pranaya Sathe have been recommended to fill these vacancies on the Citizen Review Board; and WHEREAS, the City Council desires to make appointments to fill the vacancies on the Citizen Review Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following named persons are hereby appointed to fill current vacant positions on the Citizen Review Board with a term to commence immediately upon the adoption of this Resolution and with terms to expire as set forth after each name: Expiration of Term Sarah Harris December 31, 2016 Don Whitson December 31, 2017 Pranaya Sathe December 31, 2018 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 329 Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT First Reading of Ordinance No. 103, 2016, Vacating Portions of Right-of-Way as Dedicated on the Sidehill - Filing Two and Bucking Horse Filing Three Plats. EXECUTIVE SUMMARY The purpose of this item is to vacate various streets dedicated on the Sidehill-Filing Two plat and the Bucking Horse Filing Three plat that are no longer necessary or desirable to retain for street purposes. The right-of-way vacation includes various public streets in an area bounded by Nancy Gray Avenue to the south and Gooseberry Lane to the northwest. The property is proposed to be replatted as Bucking Horse Filing Four, which was approved through the Planning and Zoning Board on February 11, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In August 2005, the Sidehill-Filing Two plat was filed, which included portions Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane and portions of Yearling Drive. In August 2014, the Bucking Horse Filing Three plat was filed, which included portions of Miles House Avenue. After approval of the two plats, the developer requested this vacation because they determined that they wanted to utilize a different housing product that modifies the layout from that approved with both the Sidehill- Filing Two and Bucking Horse Filing Three plat. A Final Development Plan for the approved project, Bucking Horse Filing Four, intends to replat Sidehill - Filing Two and Bucking Horse Filing Three and was approved through the Planning and Zoning Board on February 11, 2016. Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed in conjunction with the review of the Bucking Horse Filing Four Development Plan. As required by City Code Section 23-115(d), the City Engineer has recommended approval of this vacation to the Planning, Development and Transportation Director. And, as required by City Code Section 23-115(b), the Director recommends approval of this vacation to the City Council. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners. The other adjacent property owners and the developer requesting the vacation are one in the same and thus no letters were sent to adjacent property owners. 24 Packet Pg. 330 Agenda Item 24 Item # 24 Page 2 ATTACHMENTS 1. Vicinity Map (PDF) 24 Packet Pg. 331 S Timberline Rd E Drake Rd Zie g ler R d Merganser Pond Pelican Pond Skunk Pond Muskrat Pond Catfish Pond Cache la Poudre River Right of Way Vacation of Sidehill - Filing Two and Bucking Horse Filing Three 0 500 1,000 1,500 2,000 Feet © YEARLING DR SONGBIRD LN MILES HOUSE AVE CUTTING HORSE DR DRYSDALE LN PERENDALE LN ATTACHMENT 1 24.1 Packet Pg. 332 Attachment: Vicinity Map (4704 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation) -1- ORDINANCE NO. 103, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE SIDEHILL - FILING TWO AND BUCKING HORSE FILING THREE PLATS WHEREAS, the plat of Sidehill - Filing Two included dedication to the public of right- of-way for portions of Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane and Yearling Drive; and WHEREAS, the plat of Bucking Horse Filing Three included dedication to the public of right-of-way for portions of Miles House Avenue; and WHEREAS, Bucking Horse Apartment, LLC and Bucking Horse Development Inc., filed an application with the City Engineer in accordance with City Code Section 23-115 requesting that the City vacate these rights-of-way to facilitate a change in development plan and filing of a new subdivision plat to be known as “Bucking Horse Filing Four”; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street or utility purposes (as utility easements will be dedicated on the new Bucking Horse Filing Four subdivision plat); and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, and emergency service providers and no objection to the proposed vacation has been received; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer has recommend to the Planning Development and Transportation Director and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. 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 the street rights-of- way for portions of Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane, Yearling Drive and portions of Miles House Avenue, more particularly described on Exhibits A through F attached hereto and incorporated herein by this reference (the “Specified Streets”) are no longer needed for right-of-way purposes and that it is in the public interest to vacate the same. Packet Pg. 333 -2- Section 3. That the Specified Streets are hereby vacated, abated and abolished, provided that: 1) This vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; 2) This Ordinance shall be recorded concurrently with the subdivision plat for the development known as “Bucking Horse Filing Four;” and 3) If this Ordinance is not recorded with the Larimer County Clerk and Recorder by February 11, 2019, then this Ordinance shall become null and void and of no force and effect. Section 4. That upon recording of this Ordinance with the Larimer County Clerk and Recorder, title to the vacated rights-of-way shall vest in accordance with C.R.S. Section 43-2- 302. Introduced and considered favorably on first reading and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading this 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 334 EXHIBIT A 1 Packet Pg. 335 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) 1 Packet Pg. 336 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) EXHIBIT B 1 Packet Pg. 337 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) 1 Packet Pg. 338 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) EXHIBIT C 1 Packet Pg. 339 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) 1 Packet Pg. 340 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) EXHIBIT D 1 Packet Pg. 341 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) 1 Packet Pg. 342 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) EXHIBIT E 1 Packet Pg. 343 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) 1 Packet Pg. 344 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) EXHIBIT F 1 Packet Pg. 345 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) 1 Packet Pg. 346 Attachment: Exhibits A-F (4706 : Sidehill - Filing Two and Bucking Horse Filing Three ROW Vacation ORD) Agenda Item 25 Item # 25 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Jeff Mihelich, Deputy City Manager Kevin Gertig, Utilities Executive Director Jackie Kozak-Thiel, Chief Sustainability Officer Laurie Kadrich, Director of PDT Lucinda Smith, Environmental Sustainability Director John Phelan, Energy Services Manager SUBJECT Second Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance No. 081, 2016. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading by a vote of 4-2 (Nays: Campana, Martinez; Overbeck absent) rescinds Ordinance No. 081, 2016 (Adopted on July 19, 2016) and amends the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan. Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000 will not be further delayed pending Second Reading of this Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 26, 2016 (w/o attachments) (PDF) 2. Ordinance No. 096, 2016 (PDF) 25 Packet Pg. 347 Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 26, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Jeff Mihelich, Deputy City Manager Kevin Gertig, Utilities Executive Director Mike Beckstead, Chief Financial Officer Jackie Kozak-Thiel, Chief Sustainability Officer Laurie Kadrich, Director of PDT Lucinda Smith, Environmental Sustainability Director John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance No. 081, 2016. EXECUTIVE SUMMARY The purpose of this item is to rescind Ordinance No. 081, 2016 (Adopted on July 19, 2016) and amend the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan. Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000 will not be further delayed pending Second Reading of this Ordinance. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION On June 21, 2016, City Council unanimously approved Ordinance No. 081, 2016 on first reading to fund the municipal green waste initiative (in the amount of $85,000) with one amendment: the amended Ordinance fully funded the energy efficiency incentives for the business community and the Efficiency Works Neighborhoods Pilot through 2016 out of General Fund Reserves (in the amount of $1,460,000). On July 19, 2016, City Council adopted Ordinance No. 081, 2016 as amended on second reading. During Council consideration of the Ordinance, Council recognized the level of engagement by the private sector in 2016 in energy efficiency incentives programs, their significant contributions to the 2020 CAP Goals of reducing community emissions 20% below 2005 levels, their leverage of private sector dollars, and the overall program benefits to the community. In addition to adopting Ordinance No. 081, 2016, on July 19, 2016, Council requested staff return with responses on the following issues for the continued Council meeting on July 26, 2016. ATTACHMENT 1 25.1 Packet Pg. 348 Attachment: First Reading Agenda Item Summary, July 26, 2016 (w/o attachments) (4697 : SR 096 CAP Appropriation) Agenda Item 3 Item # 3 Page 2 1. Splitting funding appropriated by Ordinance No. 081, 2016 for energy efficiency programs between General and Light & Power fund reserves Staff response: Staff from the Utilities and Environmental Services departments recommend the full funding for energy efficiency programs approved by Ordinance No. 081, 2016 be split equally between General Fund reserves and Light & Power fund reserves. Such a split is appropriate under the City Charter when program results provide citywide outcomes as well as utility enterprise specific objectives. The funded energy efficiency programs serve to meet the 2016 Energy Policy efficiency target and the Climate Action Plan 2020 target. In addition, it is a best practice to provide equitable co-funding for personnel costs that advance General Fund and Utility goals (e.g., personnel cost division for the Energy Code Compliance Specialist FTE approved during the 2015 mid-cycle budget process). The proposed Ordinance affirms funding in the full amount of $1,460,000 (as appropriated by Ordinance No. 081, 2016 which will be rescinded), amending the source of those funds to $730,000 from Light & Power fund reserves and a maximum of $730,000 from the General Fund. 2. Proposed revision to energy efficiency program funding in 2016. Staff Response: At this time, no new information is available by which to evaluate changing the funding approved in Ordinance No. 081-2016 for energy efficiency incentives. As noted at the regular Council meeting on July 19, 2016, the amount of business funding is dedicated in full to customer incentives, which are inherently performance based. If sufficient projects are not identified and funds committed during the remainder of 2016, any remaining funding will lapse to the reserve source from which it was appropriated and shall become available for reappropriation in later cycles. 3. Proposed changes to the structure, rules or incentive levels for the Efficiency Works Business program. Staff response: A staff team from Utilities, Platte River Power Authority and the other three Platte River member cities will continue to meet regularly to review the progress, results and parameters of the Efficiency Works Business program. While changes to the program are typically made on an annual basis, including incentive levels for specific measures, mid-year changes are made as needed. This collaborative decision making process will continue for the remainder of 2016. CITY FINANCIAL IMPACTS Adoption of this Ordinance has a bottom line impact of $730,000 to Electric Utility Light & Power fund reserves in 2016, with no ongoing commitment to the City budget. The appropriation from the General Fund is also reduced to $730,000. BOARD / COMMISSION RECOMMENDATION Boards and commissions have not been briefed on this proposed Ordinance due to the timing between the second reading of Ordinance No. 08, 2016 on the July 19, 2016 regular Council meeting and Council’s request that staff return with additional information at the July 23, 2016 continued Council meeting. However, both the Energy and Air Quality Boards previously provided recommendations related to the adopted Ordinance No. 081, 2016 prior to its adoption. On June 23, 2016, the Energy Board unanimously recommended support for Ordinance No. 081, 2016, to implement the three initiatives identified in that Ordinance. The Energy Board expressed support for the use of General Fund dollars to fund the business energy efficiency incentives for the remainder of 2016, as the Board believed it demonstrated the importance of energy efficiency to Council and the communitywide impact this program has beyond the Light & Power Fund. On July 18, 2016, the Air Quality Board submitted a memo in support of the proposed energy efficiency program funding from General Fund reserves as adopted in Ordinance No. 081, 2016. 25.1 Packet Pg. 349 Attachment: First Reading Agenda Item Summary, July 26, 2016 (w/o attachments) (4697 : SR 096 CAP Appropriation) Agenda Item 3 Item # 3 Page 3 PUBLIC OUTREACH Staff has reviewed the initiatives and BFO Offers associated with the 2020 CAP Strategic Plan with the Climate Action Plan’s Community Advisory Committee. Staff is beginning to schedule public outreach events, including an Open House with former Governor Bill Ritter to gather community feedback on the Climate Action Plan. However, the status of these off-cycle funding decisions has not been discussed. ATTACHMENTS 1. Powerpoint presentation (PDF) 25.1 Packet Pg. 350 Attachment: First Reading Agenda Item Summary, July 26, 2016 (w/o attachments) (4697 : SR 096 CAP Appropriation) -1- ORDINANCE NO. 096, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND IN THE LIGHT AND POWER FUND FOR 2016 PROJECTS ASSOCIATED WITH THE 2020 CLIMATE ACTION PLAN (CAP) STRATEGIC PLAN AND RESCINDING ORDINANCE NO. 081, 2016 WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, updating community greenhouse gas goals and targets to be achieved by 2020, 2030, and 2050; and WHEREAS, staff has developed an implementation plan based on the accelerated goals of the Climate Action Plan (“CAP”) and has identified several initiatives for immediate action and investment based on guidance provided by the City Council; and WHEREAS, on April 19, 2016, City Council adopted Ordinance No. 046, 2016, appropriating funds toward four projects identified for immediate action and investment (1) Building energy Disclosure and Scoring, (2) CAP Program Support, (3) CAP Pilot Project/Innovation Fund, and (4) Biomass Burner Feasibility Study; and WHEREAS, on June 21, 2016 City Council considered on first reading Ordinance No. 081, 2016 appropriating funds for two additional projects identified and proposed for immediate action and investment: (1) Solar Incentives and Rebates, and (2) Municipal Green Waste (Composting) Sites; and WHEREAS, appropriated, but unexpended and unencumbered, funds are available in 2016 from the Solar Purchase Power Program (SP3) and the Community Shared Solar program in the Light and Power fund to support the Solar Incentives and Rebates Program; and WHEREAS, staff requested $85,000 for the Municipal Green Waste (Composting) Site Initiative, including compost-turning equipment of $51,000 and other expenses, outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan, from funds accumulated during 2015 and prior years in the Waste Innovation Program account in the City’s General Fund; and WHEREAS, the Municipal Green Waste (Composting) Site will enable municipal composting for organic landscape debris through a small-scale (100 tons/year) composting facility at the Hoffman Mill Road Crushing Facility, including site grading at the Hoffman Mill Road Crushing Facility, purchase of compost-turning equipment, and ongoing composting operations and management by the Streets Department; and WHEREAS, composting capability will increase landfill waste diversion by City departments that generate organic debris from municipal maintenance activities, including Parks, Streets, Forestry, Natural Areas, Stormwater, and Light and Power; and WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) fund where revenues collected for the program are held in a reserve account in the General Fund; and 25.2 Packet Pg. 351 Attachment: Ordinance No. 096, 2016 (4697 : SR 096 CAP Appropriation) -2- WHEREAS, the WIP funds are used to administer grants that allow City departments to initiate new waste diversion and recycling projects with special attention to departments that have larger quantities of waste that is self-hauled to the Larimer County Landfill; and WHEREAS, a team of interdepartmental employees (the “WIP Team”) acts as a liaison for incorporating waste reduction, promoting recycling strategies, and awarding WIP funds when requests are received from participating City departments; and WHEREAS, the WIP Team voted unanimously to recommend the funding request for the Municipal Green Waste (Composting) Site Initiative; and WHEREAS, the City has implemented certain energy efficiency programs identified in the 2020 Climate Action Plan (CAP) Strategic Plan (“Energy Efficiency Programs”), and has operated these programs using funds appropriated in the Light and Power Fund; and WHEREAS, the funds appropriated for the Energy Efficiency Programs for 2016 have been fully committed, preventing new participation in those Programs until such time as additional funds have been made available; and WHEREAS, on June 21, 2016, City Council adopted on First Reading Ordinance No. 081, 2016, to include an additional appropriation of $1,460,000 from General Fund reserves for Energy Efficiency Programs as described in the CAP Strategic Plan; and WHEREAS, on July 19, 2016, Council adopted on Second Reading Ordinance No. 081, 2016, and at that time requested that staff examine the Energy Efficiency Programs for any appropriate modification of the project amount or source of funding for it in 2016; and WHEREAS, staff has examined the funding source for the Energy Efficiency Programs approved in Ordinance No. 081, 2016, and identified an alternate and more preferable source of funding for the purposes described in that Ordinance; and WHEREAS, based on new funding information provided by staff, Council desires to rescind Ordinance No. 081, 2016, and reestablish the appropriation described therein in furtherance of the Energy Efficiency Programs and Composting Initiative; and WHEREAS, consistent with Article XII, Section 6 of the Charter of the City of Fort Collins, funding of a portion of the total cost of the Energy Efficiency Programs from Light and Power Fund reserves serves electric utility purposes and reflects a proportionate benefit expected to accrue to Light and Power electric utility ratepayers by seeking to manage and minimize overall future capital needs, and resulting rate impacts, that would otherwise be required to support increasing peak demand and overall electric service loads; 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. 25.2 Packet Pg. 352 Attachment: Ordinance No. 096, 2016 (4697 : SR 096 CAP Appropriation) -3- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby rescinds adoption of Ordinance No. 081, 2016. Section 3 That there is hereby appropriated from prior year reserves in the General Fund the sum of EIGHTY-FIVE THOUSAND ($85,000) for expenditure in the General Fund for the City of Fort Collins for the Municipal Green Waste (Composting) Site Initiative as part of the Waste Innovation Program. Section 4. That there is hereby appropriated from prior year reserves in the General Fund the sum of SEVEN HUNDRED THIRTY THOUSAND DOLLARS ($730,000) for expenditure in the General Fund for Energy Efficiency Programs as described in the CAP Strategic Plan. Section 5. That there is hereby appropriated from prior year reserves in the Light and Power Fund the sum of SEVEN HUNDRED THIRTY THOUSAND DOLLARS ($730,000) for expenditure in the Light and Power Fund for Energy Efficiency Programs as described in the CAP Strategic Plan. Introduced, considered favorably on first reading, and ordered published this 26th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 25.2 Packet Pg. 353 Attachment: Ordinance No. 096, 2016 (4697 : SR 096 CAP Appropriation) Agenda Item 26 Item # 26 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Lisa Rosintoski, Utilities Customer Connections Manager Randy Reuscher, Utility Rate Analyst SUBJECT First Reading of Ordinance No. 104, 2016, Making Certain Amendments to Chapter 26 of the Code of the City of Fort Collins Pertaining to Electric, Water and Wastewater Rates, Fees and Charges Associated with the Income Qualified Rate Pilot Study. EXECUTIVE SUMMARY The purpose of this item is to seek adoption of an ordinance implementing a two year Income-Qualified Rate (IQR) pilot study, effective January 1, 2017. IQR is a discount rate structure for qualified low-income households for electric, water, and wastewater utility services. The rate is designed to increase the adoption of efficiency and resource conservation practices by providing affordable utility services to income-qualified customers. In order to manage IQR administrative costs effectively and provide a convenient and accessible application process, staff recommends partnering with the state sponsored Low-Income Energy Assistance Program (LEAP), locally administered by Larimer County Department of Human Services, to qualify customers for IQR. Using LEAP to qualify customers for the IQR will also increase the number of local locations at which customers may apply for assistance, from one to four. Staff has determined that adequate utility enterprise fund reserves are available to offset the revenue impact of the proposed IQR discounts during the 2017-2018 two-year pilot study, at an estimated total cost of $2,544,145, based on a 65% enrollment rate, thus no 2017 or 2018 rate increases related to IQR are proposed. If adopted, the pilot study will occur between 2017 through end of year 2018. Staff will provide City Council with a one-year evaluation memorandum in the first quarter of 2018, and a two-year evaluation in the first quarter of 2019, in order to assess the impact of the IQR, the efficacy of the IQR in serving the energy and resource conservation purposes, and determine whether the IQR should be continued. If after the pilot study, it is determined the IQR effectively serves its intended resource conservation and utility affordability purposes, staff propose adjusting rates across all classes to continually fund the IQR. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The IQR was presented to City Council at the June 14, 2016 Work Session. City Council supported bringing the item forward as part of the August 16 City Council agenda. City Council requested the following information be included in the City Council Agenda Item Summary (AIS): Timeline for communications outreach once rate ordinance is approved; see slide 5 of presentation. Clarification on how LEAP income qualifies customers and manages potential fraud; see page 2 of AIS Utilities staff, in collaboration with internal and community stakeholders, has determined that an effective conservation strategy addressing energy affordability for low-income customers includes the development of an Income-Qualified Rate. Incorporating IQR will enable Utilities to refine and improve conservation and 26 Packet Pg. 354 Agenda Item 26 Item # 26 Page 2 efficiency programs as they relate to low-income customers while providing participating customers financial relief. This customer segment’s limited participation in efficiency programs is often due to a lack of financial resources to meet upfront conservation or efficiency program costs, and is frequently exacerbated by transportation and time constraints. Utilities does not currently have comprehensive ongoing assistance for low-income customers. The Utilities emergency assistance program, Payment Assistance Fund (PAF), is not adequate or appropriate to address the needs of customers with persistent financial difficulty in paying for utility services month after month. In addition, any future rate increases required to either support Utilities increasing costs of service, or to support accepted utility purposes such as resource conservation efforts, are likely to intensify a low-income customer’s difficulty in paying utility bills. Thus, IQR is an opportunity to both encourage participation in energy efficiency and renewable energy conservation programs through a customized rate structure and address the financial hardships of the low-income customer segment. Table 1 below highlights the average bills for customers that may qualify for the IQR at the current 2016 rates and the potential impacts on 2017 rates based on proposed increases. In 2017, an average customer qualifying for the IQR could expect to see a credit on their bill of $47.99 per month if they receive all three services from Fort Collins Utilities. The blended discount for the three services combined is 42%, given the average consumption levels. The actual total discount amounts, in dollars, will vary depending on which services they receive and their specific consumption levels for the month. Table 1 LEAP Program A thorough qualification process is important to the success of the IQR, however, a well-developed process can be difficult to establish and maintain. Staff recommends qualifying customers through the well-established and time-tested LEAP process. In Larimer County, LEAP staffs eight full-time team members who process thousands of applications for state energy assistance each qualification season (November-April). Additionally, LEAP maintains a fraud prevention department to avoid any systematic misuse of public benefits. By leveraging this resource, Utilities is assured a thorough, high quality qualification process for IQR customers, and LEAP is seizing an opportunity to expand its reach to more eligible customers. Leveraging the LEAP qualification process has several specific City and customer benefits: 1. It is highly accessible: Qualified case managers are standing by to accept applications via phone, fax, mail, email, or in person. 2. It offers a simple process: Customers fill out one application for LEAP and IQR, relieving transportation and time constraints, and enhancing accessibility. 3. It avoids the immediate need for additional FTE’s and keeps administrative needs to a minimum. 4. It ensures the customer receives both state and Utilities benefits, further reducing the customer cost burden and potential need for PAF assistance, allowing PAF to help more customers each year. In 2017 LEAP will qualify applicants at 165% of the Federal Poverty Level (FPL). This threshold is evaluated by the state LEAP office on an annual basis and may change periodically. IQR qualifications will track the established statewide LEAP threshold each program cycle. Customers will be required to reapply each program cycle. 26 Packet Pg. 355 Agenda Item 26 Item # 26 Page 3 Once a customer is on IQR, conservation efforts will be targeted with low-cost and no-cost conservation behavior change and direct install opportunities designed to reduce energy and water consumption. Opportunities will leverage existing resources and include City, state, county and non-profit administered programs. Conservation opportunities with a range of customer participation levels will be available in an attempt to reach a spectrum of customers within the low-income segment. In this way, the IQR will serve the specific utility purposes of energy and resource conservation and affordable utility rates beneficial to the ratepayers as further outlined in the AIS for the June 14, 2016 City Council Work Session and required by Article XIII, Section 6 of the City Charter. The IQR planning and implementation timeline is driven by the need for a strong outreach effort in line with LEAP’s 2016-2017 program cycle, beginning November 1. Staff needs adequate time to prepare messaging and marketing materials, informing community action partners and preparing a list of potential participants to contact for heavy outreach throughout October. Critical path project components being developed in advance of approval include managing the requirements for rate deployment in the Customer Information Billing System (CIS), and the establishment and testing of new administrative business processes that support the customer’s trust and convenience. Using data collected throughout 2017, staff will provide City Council a memorandum in the first quarter of 2018 outlining the execution results, which will evaluate the effectiveness of the rate to reduce service interruptions and determine IQR participation and energy and water conservation program participation among the low income segment. After monitoring and collecting data for two years a full analysis and evaluation will be conducted and brought to City Council for consideration of continued implementation in the first quarter of 2019. Impact on the Medical Assistance Program (MAP) IQR offers a larger discount than MAP, yet the income qualifications are very similar. Staff recommends using the 2017 and 2018 IQR qualification process to migrate existing MAP customers to IQR. At the end of the IQR pilot (December 2018) period, it is possible some MAP customer’s income will be too high to qualify for IQR. If that is the case, staff recommends these customers continue with MAP but eliminate the rate to new customers. After monitoring and collecting data on the IQP pilot study for two years, a full analysis and evaluation will be conducted and brought to City Council for consideration of continued implementation in the first quarter of 2019. It is anticipated that this evaluation will consider the continuation or modification of MAP as well. Second Reading of Ordinance No. 104, 2016-September 20, 2016 Second reading for this ordinance is scheduled for September 20, 2016. This allows time for the necessary 30-day notice by publication and mailing to City electric customers outside of the City limits prior to second reading, as required by Colorado statute. CITY FINANCIAL IMPACTS In our community, the average household with income less than or at 165% of the Federal Poverty Level (FPL) pays 4.6% of their income for electric, water and wastewater services compared to the 2.6% of household income paid by those households earning the Area Median Income (AMI) (see Graph 1). To address this disparity IQR as proposed would align the percentage of household income spent for these services by a household at 165% of FPL to that of a household at the AMI. In order to maintain the same rate structure as that of all other residential customers this could be accomplished by reducing both the fixed and variable charges for the IQR customers 35% for electricity, 45% for water, and 50% for waste water. By maintaining the same ratio of fixed to variable charges and relative household income for utility service, the same conservation signals will be conveyed to all customers. The proposed ordinance amends portions of Chapter 26 of the City Code to include language establishing the IQR for each utility service (electric, water and wastewater) and amending the standard residential rates for electric, water and wastewater. The amendments also establish 26 Packet Pg. 356 Agenda Item 26 Item # 26 Page 4 the qualifications for the rate and show the percentage discount that will be applied to the base/fixed charges, as well as the volumetric charges for each service. Graph 1: Based on 2009-2013 US Census data Staff has determined that adequate utility enterprise fund reserves are available to offset the revenue impact of the proposed IQR discounts during the 2017-2018 two-year pilot study and no 2017 rate increase related to IQR is proposed. If after the pilot study it is determined the IQR effectively serves its intended resource conservation and utility affordability purposes, staff propose adjusting rates across all classes to continually fund the IQR. In order to estimate how many potential households may qualify for IQR, staff utilized the latest American Community Survey (ACS) data to estimate household incomes for Fort Collins. Based on that data there are as many as 9,000 eligible households, or approximately 16% of the City’s residential customers, potentially eligible for the IQR (See Graph 2). ACS data is the same as US Census data (2009-2013) which indicates 18.6% of people in the City of Fort Collins are below Federal poverty level, compared to 13.2% in the state of Colorado and 15.4% nationwide. 26 Packet Pg. 357 Agenda Item 26 Item # 26 Page 5 Graph 2: Based on 2009-2013 US Census data. The actual cost of IQR depends on the level of enrollment. Table 2, below, shows cost by utility at various enrollment levels. enrollment % Electric Water Wastewater 25% $ 350,307 $ 57,679 $ 96,309 50% $ 700,614 $ 115,358 $ 192,618 75% $ 1,050,922 $ 173,037 $ 288,926 100% $ 1,401,229 $ 230,716 $ 385,235 IQR Annual Cost Table 2 Assuming 100% enrollment, Table 3 shows the necessary post-pilot rate increase to fund this program if the increase is kept within the residential rate class and if the increase is shared across all rate classes. Staff recommends increasing all rate classes because the specific utility purposes of energy and resource conservation and affordable utility rates will provide a benefit to all ratepayers, as further outlined in the AIS for the June 14, 2016 City Council Work Session and required by Article XIII, Section 6 of the City Charter. Achieving an enrollment rate less than 100% would scale the rate impact accordingly. Based on the experiences of other communities, enrollment above 75% of eligible households is difficult to achieve. Electric Water Wastewater Residential Rate Class Only 3.0% 1.3% 2.4% All Rate Classes 1.2% 0.8% 1.8% % Increase By Utility Service (Assuming 100% Enrollment) Table 3 The intent of IQR is to reduce overall cost of utility services to the same relative level experienced by a household with income at the Area Median Income (AMI), so each utility service would see a different discount rate (See Table 4). The discount would be applied to both the fixed and variable charges for each utility, ensuring the same price signals are communicated to this segment of residential customers as are to the entire residential rate class. 26 Packet Pg. 358 Agenda Item 26 Item # 26 Page 6 Table 4 BOARD / COMMISSION RECOMMENDATION Utilities staff presented the IQR pilot study to and received support from the following boards and commissions: 1. Affordable Housing Board (recommendation attached to Work Session AIS) 2. Water Board (recommendation attached to Work Session AIS) 3. Energy Board (recommendation attached to Work Session AIS) 4. Senior Advisory Board 5. Commission on Disability 6. Community Development Block Grant Commissions 7. Economic Advisory Committee 8. Human Relations Commission PUBLIC OUTREACH External stakeholder involvement has included focus groups, presentations and meetings. Stakeholder organizations represent diverse constituents, ranging from the business community to citizens in need of assistance. Discussions have provided a forum to give feedback for staff to consider and incorporate into the pilot strategy. Stakeholder organizations include: Chamber of Commerce, Colorado Energy Office (recommendation attached to Work Session AIS), Larimer County Department of Human Services, Energy Outreach Colorado (recommendation attached to Work Session AIS), Volunteers of America, United Way, Office on Aging, Catholic Charities, La Familia/The Family Center, Discover Goodwill, Social Sustainability Grantee Training participants (26 community action agencies), Fort Collins Housing Authority, Neighbor to Neighbor, Care Housing, and multi-family group-metered properties. Future outreach will be intentional in reaching a spectrum of customers within the low-income segment and include widely accessible mass communication tactics such as website and social media, direct mail to potential participants, and targeted communication disseminated through internal and community action partners. Through partnerships with the City Rebate program and LEAP, as well as utilizing information from Utilities assistance programs, staff has developed a comprehensive list of potential customers to contact and encourage to applying for LEAP. A training session will be offered to Customer Service Representatives so they are able to answer questions about the new program. Notice of the proposed change to the Municipal Code to include this type of program will be published in the Coloradoan and a mailing will be sent to City electric customers outside of the city limits thirty days before Second reading in the same manner as provided to annual rate update ordinances. MAP customers will have communications specific to them and their unique circumstances. Staff will continue to be available to assist in the migration from MAP to IQR through the pilot period and beyond as necessary. 26 Packet Pg. 359 Agenda Item 26 Item # 26 Page 7 ATTACHMENTS 1. Commission on Disability minutes, September 24 and December 10, 2015 (PDF) 2. Senior Advisory Board minutes, September 9, 2015 (PDF) 3. Human Relations Commission minutes, November 12, 2015 (PDF) 4. Community Development Block Grant Commission minutes, September 10, 2015 (PDF) 5. Economic Advisory Commission, January 20, 2016 (PDF) 6. Powerpoint presentation (PDF) 26 Packet Pg. 360 COMMISSION ON DISABILITY Fort Collins City Hall 12:15 p.m. Thursday September 24, 2015 Present: Marilee Boylan, Michael Marr, Terry Schlicting, Leslie Efird, Sherri Reichow, Michael Marr, Hettie Hueber, Michael Devereaux, Rose Luna Absent: Michelle Miller (with contact) City: Ethan Cozzens, Dawn Nelson Guests: Peter Iengo-Fort Collins Utilities, Emma Belmont-Transfort, Travis Paige- Fort Collins Utilities, Craig Dubin -Transfort, Angela Byrne, Mandy Morgan Call to Order: 12:24 p.m. 1. Introductions 2. Approval of August Minutes: Schlicting moved to approve. Boylan seconded. 3. Open Discussion: a. Boylan handed out an action alert about the bus stops in Fort Collins and asked commission members to attend the Oct. 6th City Council meeting. b. Marr told the commission about the 15-minute delay for Dial-A-Ride and talked about the need for automated system. Craig Dubin informed the COD about the Dial-A-Ride automated system cost and said the system can be set up for an automated system at an additional cost to the City. 4. New Business: a. Peter Iengo from Fort Collins Utilities spoke about a comprehensive portfolio of assistance programs that assist low-income electric customers. He asked the COD for feedback. The pilot would be approved by City Council early 2016. Iengo would appreciate a letter of support from the commission. b. Angela Byrne informed the COD about her difficulties using Fort Collins transportation. She feels Dial-A-Taxi drivers are taking longer routes to run up the meter, taking advantage of people with disabilities. Schlicting and Dubin brainstormed with Byrne and offered some information on who she could contact with more of her concerns. c. Mayors Awards where voted on. This year the Mayors Awards will have a name change. Mayors Awards are October 15, 2015. 5. Old Business: a. No old business. ATTACHMENT 1 26.1 Packet Pg. 361 Attachment: Commission on Disability minutes, September 24 and December 10, 2015 (4715 : Income Qualified Rate (IQR)) COMMISSION ON DISABILITY Fort Collins City Hall 12:15 p.m. Thursday December 10, 2015 Present: Terry Schlicting, Marilee Boylan, Hettie Hueber, Michael Devereaux, Michelle Miller Absent: Michael Marr, Leslie Efird, Rose Luna (with contact), Sherri Reichow City: Ethan Cozzens, Dawn Nelson Guests: Maureen McCarthy-City of Fort Collins, Ginny Sawyer-City of Fort Collins, Dan Weinheimer-City of Fort Collins, Pete Iengo-City of Fort Collins Call to Order: 12:16 p.m. 1. Introductions 2. Approval of Minutes: November Minutes – Terry Schlicting moved to approve the November minutes and Michele Miller seconded. The minutes were approved. 3. Open Discussion: None. 4. New Business: a. Ginny Sawyer and Dan Weinheimer presented on current plans to review the impact of Uber, Airbnb, VRBO, etc. in the City for the purpose of determining how or if they should be regulated. Currently, there are approximately 300 of these listings/providers including home rentals and even bedroom rentals. Discussion centered on accessibility issues and the importance of including the perspective of people with disabilities as decisions are made. b. Pete Iengo came to review progress on the utility low income/medical assistance survey. He reviewed the current rate structure, as well as the proposed rate structure and reported that requalification letters have been mailed that include questions regarding income to identify those making between 50-60% of median income. He will report back again when the majority of the surveys have been returned and he knows how many households will be excluded from the new program due to income criteria. At that time we can make a final decision regarding COD support for program. 26.1 Packet Pg. 362 Attachment: Commission on Disability minutes, September 24 and December 10, 2015 (4715 : Income Qualified Rate (IQR)) Senior Advisory Board Regular Meeting Minutes Wednesday, September 9, 2015 Fort Collins Senior Center 1200 Raintree Drive Fort Collins, CO 80526 Mission: The Senior Advisory Board shall serve in an advisory capacity to the Fort Collins City Council on programs and policies that help aging citizens live full and interesting lives and continue to contribute, participate, and share in the life of the community. Board Members Present: Diane Smith Patricia Housley Rich Feller Suzanne King Excused Absence: Angela Condit Ann Leffler Joann Thomas I. Call to Order Staff Present: Katie Stieber Guests: Caroline Mitchell-Community Recycling Ordinance lrisa Luft Pete Iengo- Utilities Low Income Assistance Unexcused Absence: Alan Beatty Lawrence Bontempo Meeting was called to order at 11:26 a.m. II. Administrative Items A. Attendance sheet was passed around for signatures. B. Approval of Minutes from August 12, 2015 Approved by members. C. Correspondence Bridging the Gap Postcard and Aging Mastery Flyer D. Update on SAB Activities of the last month III. Public Participation A. Comments on Public Participation vs Speakers Discussion on the fact that a speaker was brought in that happened to be a for profit business. Per board liaison, City representative speakers cannot be a for-profit individual or business. This can occur during the public participation time. IV. Speakers A. 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PUBLIC COMMENT: None APROVAL OF MINUTES: Minutes were discussed from the August meeting and minor changes were made. A quorum was not present so a vote was not taken. DISCUSSION WITH PETE IENGO WITH FORT COLLINS UTILITIES Sharon Thomas introduced Pete Iengo to discuss the Low-Income Utilities Energy Assistance program which is planned at this time to go before City Council in the spring of 2016. The program will provide assistance to low-income households at 50% Area Median Income (AMI) or below. It is recognized that that there are two types of assistance needed; temporary assistance (medical emergency, car problems, etc.) and on-going assistance. People with temporary assistance needs would be able to get assistance any time during the year. Those with on-going needs will qualify once a year during the rebate qualification period from August to October. Currently about 12% of customers, or 7500 households, could benefit from this program. Those earning 50% AMI and below pay twice as much of their income on electricity as those earning 100% AMI and above. Households earning 30% AMI would be eligible to receive a 50% reduction on their electric rate and those earning 50% AMI would be eligible to receive a 35% reduction. Households will be able to apply for energy assistance through the City’s rebate program. This program is established in the finance department. The hope is this will keep administrative costs down. Hopefully new employees will not need to be hired to handle the extra workload. Eligible households will be required to qualify every year. ATTACHMENT 4 26.4 Packet Pg. 365 Attachment: Community Development Block Grant Commission minutes, September 10, 2015 (4715 : Income Qualified Rate (IQR)) 2 Concerns were raised that households receiving assistance might get used to the lower rates and will not be as concerned with conserving electricity. Iengo noted that there will likely be an educational component with the program and monitoring of usage is possible. CDBG COMMISSION VACANCIES AND TERM EXPIRATIONS Sharon Thomas noted that there will be five total vacancies on the CDBG Commission at the end of 2015. Catherine Costlow will be term limited after serving two four-year terms. Margaret Long and Anita Basham will be completing their first four-year term and will need to re-apply to remain on the Commission. The other vacancies occurred when Kristin Stephens was voted in as a City Councilmember and Jamaal Curry resigned his position when he moved out of the City limits. GRANTEE TRAINING Sharon Thomas shared information from the Grantee Training – training given to all FY2015 grantees. During the training the nonprofit agency participants were asked for feedback regarding how the Competitive Process was conducted. Most responses were very favorable. The comments of note were: x Would like site visits to nonprofits by Commission members x Transparency in funding decisions by the Commission (scoresheet/rating system) x Balance presentations with questions x Agencies would like questions ahead of time x Would like to have information about each Commission member Thomas agreed to provide short biographies of each Commission member to applicants in the 2016 Competitive Process. The Commission wanted to visit agencies this fall but decided to try for the spring after new Commission members have been appointed. Although there is a mechanism to provide questions to applicants in advance of their presentations many questions come up during the presentations and can’t be given ahead of time. STAFF REPORTS & PROGRAM UPDATES Sharon Thomas reported on the It’s On Us Campaign and shared the requested funding information provided by United Way. The requested three year history was not included with the information received. Thomas shared the responses by SERVE 6.8 to the audit report written by the City. OTHER Steve Backsen discussed the status of the letter written by the Commission to Council concerning the need for more funding for the human service agencies. He will meet with Kristin Stephens to see what more can be done. 26.4 Packet Pg. 366 Attachment: Community Development Block Grant Commission minutes, September 10, 2015 (4715 : Income Qualified Rate (IQR)) Accessing capital is not purpose. Can add value in way university connects with industry. Bureaucratic nature of large institutions. Opportunity to refine internal processes to have better customer service. Real value is self-reflection required to apply. Designation is nice to have. In ideal world this is step one. Looking at gaps, opportunities, and coming together with community to chart a new course. x What is goal? If want to become Silicon Valley or Austin will grow population faster. Record number of people in poverty, stresses on infrastructure (I-25 and schools), affordable housing issues. We are doing very well in this area. Afraid we might achieve our goals. Clusters are backward looking. Be careful where headed and what it will do to the community. Recognize all the other issues that come with being a fast growing economy. x “Asset Map” but not seeing any actual maps. Where does this fit with mapping North College. o In North College had talked about innovation corridor—working on a plan for redevelopment potential. Timing with application process. Have looked at what other places do, literature review, metrics. Now engaged in process of feedback and stakeholder engagement, understanding business perspective. Once data collected, will create asset and liability map. o North College URA branding space going away? Downtown Plan has 14 subareas. One is innovation district, which is same area that was being looked at previously. AGENDA ITEM 3— Utilities Low Income Assistance Program Evaluation Recommendations — Lisa Rosintoski & Randy Reuscher In 2004 started looking at tiered rate structures and Council asked how it would affect low income citizens. Started Payment Assistance Fund (PAF) as result. Later, developed medical assistance program. In 2014 completed comprehensive evaluation of low income assistance programs. Included nonprofits and other key stakeholders. In 2015 put together implementation strategy. Recommendation is to launch components in 2016, with income qualified rate effective in 2017. Looked at demographics, qualifications for assistance, conditions, barriers, etc. Conditions of low income are either temporary or ongoing. Barriers include location of trust, convenience, and transportation. Utility role is in rates, funding, efficiency and conservation education, and administration. Gaps are in rate structure for ongoing low income and in ability for PAF to meet need. Have average of $35K donations for PAF annually, but need regularly exceeds that. Have a need to create more alliances and donation support for PAF—Energy Outreach Colorado can provide matching funds. Working to do better donation solicitation, and more work on state and county resources. For ongoing need, looking at income qualified rate (IQR). Also looking at low income solar and direct installs. Direct installs can impact renters—changing light bulbs and adding low flow fixtures and toilets. With IQR can determine specific group to reach out to with education. Going to Council to request unclaimed funds be transferred to PAF. Ordinance required to implement IQR. Medical assistance program could phase out and fold into IQR. IQR: Using census track data to target about 9000 households at 165% FPL and below; households that make ~$33K and below. Comparing average customer’s percent income spent on water, wastewater and electricity to low income person’s percent of income on same. Idea is to create a discount that equalizes the percentage of income spent on these utilities. Customers must meet qualifications. If reached full enrollment, would see 1.2% overall rate increase. Work session in February. Discussion/Q & A: x Source of funding is from other rate payers? o Would be an increase to other rate payers, or from other funding sources. o Unclaimed funds could roll into IQR. o Good model. x Specific recommendations? o Implement portfolio with integrated service model. Utility’s role would be ongoing and temporary assistance, with efficiency and conservation education. Exciting to see work is being moved forward in logical manner. 4 | Page Economic Advisory Commission, January 20, 2016 ATTACHMENT 5 26.5 Packet Pg. 367 Attachment: Economic Advisory Commission, January 20, 2016 (4715 : Income Qualified Rate (IQR)) x How does program intersect with sales tax rebate program that has been sorely underutilized? Opportunity for two City programs to collaborate to get better use of both programs? o As organization need to understand how supporting individuals through general fund and utility fund. Aspiration is to have one place to qualify and get all programs. Looking at Parks and Recreation and City rebates. o Ideally one stop shop, places throughout community in nonprofits, churches, etc. one avenue to get help? Correct. Sensitive to general fund versus utility fund, but want convenience for customer. x Shifting funds from vacant accounts? How much? Where would it go? o It has stayed in same place for 10 years. Put the money to higher and better use. Before any noticing, estimate about $400K. If put robust crediting processes in place, could have about $15K per year that would go to PAF. AGENDA ITEM 4— Historic Growth Rates & Patterns—Katie Ricketts Looking at growth rates, demographic changes, impacts on standard of living, poverty, inequality, etc. Per decade rate of population growth has actually gone down as city gets larger. Aggregate growth continues going up. Around 20% rate of growth per decade. Age demographics for county include projection for 2030 of 25% youth, 25% young adults, 33% experienced working age, and 17% seniors. Seeing faster growth in senior population. Fort Collins is tracking patters of Colorado and US for employment, seeing less unemployment. Unemployment rate is at about ~5%. Low unemployment has repercussions in movement, underemployment, inability to accelerate careers, etc. Census data on industry categories shows 18/20 having expansion in Fort Collins over last 10 years. Construction and manufacturing have done less well. Wage growth is on the rise, with persistent gap between male and female wage (~38%). Gap narrows for 20-29 year olds, but widens again for women at 35+. Time off during child bearing years has significant impact on long term earning potential. Poverty in Larimer County is tracking US and Colorado averages, but not much progress since 1970s. 45K people in Larimer below poverty level (~$24K for family of 4). Single mothers of children under 18 comprise largest group of those in poverty. Average home prices have gone up 42% over last 15 years. Hard costs and land prices have driven increase. As less land is available puts pressure on market. People have argued that fees, taxes and profits are problem, but fees have remained consistent percentage of overall cost and profit percentages have gone down. Average rent in Fort Collins continues to increase—~$1250/mth. in 2015. Distressed populations in housing are cost burdened (over 30% of income on housing), fixed income, in poverty, first time homebuyers and mobile home residents. New pressures include land use, controlling sprawl, resources, short term versus long term solutions, and waste and footprint issues. Opportunities include urban density improvements, more efficient use of resources, ability to reach CAP goals, and more diverse community. Discussion/Q & A: x Suggest including absolute population growth in presentation. x Surprising that construction has not done as well with population growth. o Building permit data would be good to show. Lower aggregate for new single family homes. Peaked in 2000/01. Also know that had rise in oil and gas extraction after recession, so workers migrated to other industry. Labor constriction. o Bounce back—haven’t recovered. May see numbers rise. Katie and Josh will look into this more. x Issues on gender pay gap, suggest telling the whole story. Many reasons for income inequality. o Impactful to talk about at local level when national issue? o CSU is looking at pay rates for faculty and made major changes. Look at 1970 forward. Possible to splice out by industry? x Yes. x Data by county could be very different than just Fort Collins. o True. Using available data. x Article on poverty in paper—city or county data? o Will have to check. 5 | Page 26.5 Packet Pg. 368 Attachment: Economic Advisory Commission, January 20, 2016 (4715 : Income Qualified Rate (IQR)) Utilities Income Qualified Rate Lisa Rosintoski, Customer Connections Manager Randy Reuscher, Rate Analyst 1 08.16.16 ATTACHMENT 6 26.6 Packet Pg. 369 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) Our Role as a Utility 2 Efficiency and Conservation Education Rates Funding Administration Efficiency and Conservation Education Funding Rates Develop Income- Qualified Rate Enhance Payment Assistance Fund Ongoing Temporary 26.6 Packet Pg. 370 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) 3 Low-Income Assistance Integrated Approach 26.6 Packet Pg. 371 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) Community Outreach • Mass Communication • Traditional execution • Targeted Communication • Deliberate outreach (letters, presentations, etc.) • Stakeholder Collaboration • Social Sustainability and Neighborhood Services • Government Partners • Nonprofits • Education and Direct Installs • Larimer County Conservation Programs • Neighbor to Neighbor Homeowner Education 4 26.6 Packet Pg. 372 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) Community Outreach Timeline 5 August 16 1st Reading August 19 30 Day Notice Published Sept 20 2nd Reading Community Outreach LEAP 2016-2017 Enrollment Nov 1, 2016 Qualification Begins 2017 April 30, 2017 Qualification Ends 26.6 Packet Pg. 373 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) 2.0% 1.3% 1.3% 0.7% 1.3% 0.6% 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 165% FPL AMI % of Income Income Threshold Utility Costs as % of Income Electric Water Wastewater Avg Bill ~$48 Avg Bill ~$62 Avg Bill ~$30 Avg Bill ~$32 Avg Bill ~$34 Avg Bill ~$32 Data: Utility Costs Total 2.6% Total 4.6% Reduce percentages to align with AMI 6 26.6 Packet Pg. 374 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) $335,271 $670,542 $1,005,813 $1,341,084 $57,679 $115,358 $173,037 $230,716 $96,309 $192,618 $288,926 $385,235 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 25% 50% 75% 100% Fund Impact Enrollment % Potential $ Impact by Fund Electric Water Wastewater $489,259 $978,518 $1,467,776 $1,957,035 ~0.28% of revenue ~0.55% of revenue ~0.83% of revenue ~1.14% of revenue Data: Utility Costs 7 26.6 Packet Pg. 375 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) Plan, Do, Check, Act Staff Commitment: 1. Two Year Pilot - 2017 through 2018 2. 2019 present results to City Council 3. Measures for success a. Participation b. Efficiency Projects c. Conservation 8 26.6 Packet Pg. 376 Attachment: Powerpoint presentation (4715 : Income Qualified Rate (IQR)) -1- ORDINANCE NO. 104, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO ELECTRIC, WATER AND WASTEWATER RATES, FEES AND CHARGES ASSOCIATED WITH THE INCOME QUALIFIED RATE PILOT STUDY WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, on December 6, 2011, the City Council adopted Ordinance No. 166, 2011, adjusting the Residential Class Electric Rates to support conservation values through a tiered rate structure, effective January 1, 2012; and WHEREAS, in April 2012, the City Council directed staff to develop electric service rate alternatives for low-income customers who operate durable medical equipment and air conditioning due to medical conditions, recognizing that such customers may not be able to adjust their energy consumption in response to conservation incentives as significantly as other customers; and WHEREAS, on May 1, 2012, the City Council adopted Ordinance No. 034, 2012, creating a Medical Assistance Program (MAP) to equalize, relative to typical residential customers, the electric service rate charged to qualifying low-income customers who operated certain medically-necessary equipment and air conditioners; and WHEREAS, since 2012, advanced electric and water meter data has enabled City Utilities staff to develop improved rate structure models and identify opportunities to increase City utility customer adoption of conservation behaviors and practices; and WHEREAS, staff believes that many low-income utility customers who do not qualify for the MAP, experience similar obstacles to adoption of conservation behaviors and practices as the customers for which MAP was designed; and WHEREAS, in 2014, the City engaged in a comprehensive low-income program review which led to several staff recommendations to improve conservation and efficiency program participation by low-income customers; and WHEREAS, at the January 27, 2015, City Council work session, staff presented customer efficiency program data and recommendations for incorporating education, income qualification, accessibility, internal and local non-profit collaboration, and creative funding into City utility rate structures to incentivize conservation practices by low-income customers; and WHEREAS, in 2015, staff studied and concluded that development of an Income- Qualified Rate (IQR) may be an effective utility conservation strategy, if aimed at equalizing, Packet Pg. 377 -2- relative to typical residential customers, the utility costs paid by low-income customers, who may not have the ability to participate in conservation programs due to transportation issues, lack of time, or lack of financial resources to pay conservation or efficiency program costs; and WHEREAS, at the January 25, 2016, City Council Finance Committee meeting, staff presented preliminary options to improve the City’s utility conservation and efficiency programs by adoption of a discounted utility service rate structure for low income households, based on state and regional census income data; and WHEREAS, at the June 14, 2016, City Council work session, staff incorporated City Council feedback from January 25, 2016, and presented revised options to improve the City’s utility conservation and efficiency programs, including a discounted utility service rate structure for households with incomes at or below 165% of the Federal Poverty Level (FPL) as determined under the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services; and WHEREAS, Larimer County administers the state sponsored Low Income Energy Assistance Program (LEAP), which qualifies low income applicants for energy assistance based on a statewide percentage of FPL, which for 2017 is anticipated to be 165% of FPL; and WHEREAS, staff recommends that the Larimer County Department of Human Services LEAP qualification process be utilized to determine eligibility for the IQR to achieve administrative efficiencies and ease of application for customers; and WHEREAS, based on City Council feedback from June 14, 2016, staff recommends implementation of the IQR for residential water, wastewater, and electric customers through a two-year pilot study, beginning January 1, 2017; and WHEREAS, staff has determined that adequate utility enterprise fund reserves are available to offset the revenue impact of the proposed IQR discounts and satisfy the Utilities’ costs of service requirements under the City Charter, without increasing the service rates paid by other utility customers during the pilot study; and WHEREAS, at its February 4, 2016, meeting the Energy Board considered the proposed electric rates, fees and charges, associated with IQR and recommended approval of the rate changes associated with the pilot study; and WHEREAS, at its January 21, 2016, meeting the Water Board considered the proposed water and wastewater rates, fees and charges, associated with IQR and recommended approval of the rate changes associated with the pilot study; and WHEREAS, the City Manager and staff have recommended to the City Council the water, wastewater, and electric rate adjustments and City Code rate language additions for all participating customer billings issued with meter readings on or after January 1, 2017 as described herein; and Packet Pg. 378 -3- WHEREAS, staff believes that an IQR will serve the specific utility purposes of facilitating energy and resource conservation by and affordable utility rates for income qualified customers, which is beneficial to the ratepayers as further outlined in the agenda item summary for the June 14, 2016 City Council Work Session and required by Article XIII, Section 6 of the City Charter; and WHEREAS, staff is prepared to mail and publish notice of the recommended utility rate changes described herein as required by law after adoption of this Ordinance on first reading and second reading will be scheduled accordingly; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the water, wastewater, and electric rates, fees and charges associated with an IQR pilot study. 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, including but not limited to the finding that the IQR pilot study will serve the specific utility purposes of facilitating energy and resource conservation by and affordable utility rates for income qualified customers, which is beneficial to all ratepayers of the utilities as contemplated in Article XIII, Section 6 of the City Charter. Section 2. That Section 26-127 of the Code of the City of Fort Collins, regarding meter rates for residential customers of the water utility, is hereby amended by the adoption of a new subsection (a)(4) to read as follows: Sec. 26-127. - Schedule B, meter rates. … (a) Residential rates … (4) Income qualified rate (IQR) for residential customers-pilot study. a. Objective. The City has identified potential benefits available through a water rate discount for income-qualified residential customers, including encouraging customer participation in water conservation education and efficiency programs, and lowering the threshold for customer investments in residential water system upgrades. In order to study these benefits, Utility Services shall conduct a temporary pilot study implementing a residential income qualified rate (IQR) beginning with first the billing cycle commencing on or after January 1, 2017, and concluding after twenty four (24) full billing cycles (the pilot study period). b. Scope. During the pilot study period, the IQR shall be charged to all residential customers accepted into and enrolled in the Larimer County Low Income Energy Assistance Program (LEAP) and identified as a Utilities Services Packet Pg. 379 -4- customer. To receive the IQR discount, customers must apply and be qualified for LEAP. c. Rate. During the pilot study period, customers qualified for the IQR as set forth herein shall receive a discount of forty-five percent (45%) off their total monthly water utility service charges based on the fixed and volumetric rates in Subsections (a) (1)-(3) above. d. PILOT. IQR customers shall pay the full charge for payments in lieu of taxes (PILOT) and franchise due under Code Section 26-118, without any discount of the six percent (6%) rate set forth therein. Section 3. That Section 26-278 of the Code of the City of Fort Collins, regarding classification of wastewater utility users, is hereby amended by the adoption of a new subsection (9) to read as follows: Sec. 26-278. – Classification of users. … (9) Category I - Income qualified rate (IQR) pilot study. Users in this category shall include Category A, B, and C customers participating in the IQR pilot study, as described in Section 26-279. Section 4. That Section 26-279 of the Code of the City of Fort Collins, regarding monthly service charges for wastewater utility services, is hereby amended by the adoption of a new Subsection (c)(7) to read as follows: Sec. 26-279. – Service charges; categories. … (c) … (7) The rate for users in Category I shall be based on the rates for Categories A, B, and C, discounted for participating income qualified residential customers as follows: a. Objective. The City has identified potential benefits available through wastewater rate discount for income-qualified residential users, including encouraging user participation in water conservation education and efficiency programs, and lowering the threshold for user investments in residential water and wastewater system upgrades. In order to study these benefits, Utility Services shall conduct a temporary pilot study implementing a residential income qualified rate (IQR) beginning with the first billing cycle commencing on or after January 1, 2017, and concluding after twenty four (24) full billing cycles (the pilot study period). Packet Pg. 380 -5- b. Scope. During the pilot study period, the IQR shall be charged to all users in Categories A, B, and C who are accepted into and enrolled in the Larimer County Low Income Energy Assistance Program (LEAP) and identified as a Utilities Services customer. To receive the IQR discount, users must apply and be qualified for LEAP. c. Rate. During the pilot study period, users qualified for the IQR as set forth herein shall receive a discount of fifty percent (50%) off their total monthly wastewater utility service charges based on the Category A, B, and C fixed and volumetric rates in Section 26-280. d. PILOT. IQR customers shall pay the full charge for payments in lieu of taxes (PILOT) and franchise due under Code Section 26-118, without any discount of the six percent (6%) rate set forth therein. Section 5. That Section 26-280 of the Code of the City of Fort Collins, regarding the schedule of rates for waste water users by category, is hereby amended by the adoption of a new category row to the schedule of rates to read as follows: Sec. 26-280. - Service charges established by category. … Category Class of Customer Rate … I Single-family residential user (flat rate); Single- family residential user (metered water use); Duplex (two-family) residential users (flat rate); Duplex (two-family) residential users (metered water use); and Multi-family residential user (more than two dwelling units including mobile home parks). 50% discount on total monthly wastewater utility service charges, on the Category A, B, and C fixed and volumetric rates in Section 26-280 (charged to users participating in IQR pilot study) Section 6. That Section 26-464 of the Code of the City of Fort Collins, regarding residential electric rates (Schedule R), is hereby amended by the adoption of a new Subsection (t) to read as follows: Sec. 26-464. Residential energy service, schedule R. . . . (t) Income Qualified Rate (IQR) Pilot Study. (1) Objective. The City has identified potential benefits available through an electric rate discount for income-qualified residential customers, including encouraging customer participation in electricity conservation education and efficiency programs, and lowering the threshold for customer investments in Packet Pg. 381 -6- residential electric system upgrades. In order to study these benefits, Utility Services shall conduct a temporary pilot study implementing a residential income qualified rate (IQR) beginning with the first billing cycle commencing on or after January 1, 2017, and concluding after twenty four (24) full billing cycles (the pilot study period). (2) Scope. During the pilot study period, the IQR shall be charged to all residential customers accepted into and enrolled in the Larimer County Low Income Energy Assistance Program (LEAP), identified as a Utilities Services customer and who are not net-metering customers. To receive the IQR discount, customers must apply and be qualified for LEAP. (3) Rate. During the pilot study period, customers qualified for the IQR as set forth herein shall receive the following discount off the total monthly Schedule R electric utility service charges in Subsection (c): IQR discount on total monthly fixed, distribution facilities, and energy and demand charges (but not on payment in lieu of taxes (PILOT) and franchise amounts due) 35% (4) PILOT. IQR customers shall pay the full charge for payments in lieu of taxes (PILOT) and franchise due under this Section 26-464, without any discount of the six percent (6%) rate set forth herein. Section 7. That Section 26-465 of the Code of the City of Fort Collins, regarding residential demand service electric rates (Schedule RD) is hereby amended by the adoption of a new subsection (t) to read as follows: Sec. 26-465. Residential demand service, schedule RD. . . . (t) Income Qualified Rate (IQR) Pilot Study. (1) Objective. The City has identified potential benefits available through an electric rate discount for income-qualified residential customers, including encouraging customer participation in electricity conservation education and efficiency programs, and lowering the threshold for customer investments in residential electric system upgrades. In order to study these benefits, Utility Services shall conduct a temporary pilot study implementing a residential income qualified rate (IQR) beginning with the first billing cycle commencing on or after January 1, 2017, and concluding after twenty four (24) full billing cycles (the pilot study period). (2) Scope. During the pilot study period, the IQR shall be charged to all residential customers accepted into and enrolled in the Larimer County Low Income Energy Assistance Program (LEAP), identified as a Utilities Services Packet Pg. 382 -7- customer and who are not net-metering customers. To receive the IQR discount, customers must apply and be qualified for LEAP. (3) Rate. During the pilot study period, customers qualified for the IQR as set forth herein shall receive the following percentage discount off the total monthly Schedule RD electric utility service charges in Subsection (c) above: IQR discount on total monthly fixed, demand, distribution facilities, and energy charges (but not payment in lieu of taxes (PILOT) and franchise amounts due) 35% (4) PILOT. IQR customers shall pay the full charge for payments in lieu of taxes (PILOT) and franchise due under this Section 26-465, without any discount of the six percent (6%) rate set forth herein Section 8. That the amendments herein are effective and shall go into effect as follows: A. IQR pilot study discounted water rates shall apply to water service charges on the basis of meter readings on or after January 1, 2017; and B. IQR pilot study discounted wastewater rates shall apply to wastewater service charges on the basis of meter readings on or after January 1, 2017.; and C. IQR pilot study discounted electric rates shall apply to energy consumed on or after January 1, 2017. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 383 -8- Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 384 Certain Component Units – an Amendment of GASB Statement No. 14 This Statement, issued January 2016, will be effective for the City beginning with its fiscal year ending December 31, 2017. The objective of this Statement is to improve financial reporting by clarifying the financial statement presentation requirement for certain component units. This Statement establishes an additional blending requirement for the financial statement presentation of component units. This Statement applies to all state and local governments. This Statement applies to component units that are organized as not-for-profit corporations in which the primary government is the sole corporate member. This Statement does not apply to component units included in the financial reporting entity pursuant to the provision of Statement No. 39. This Statement amends Statement No. 14. 20.1 Packet Pg. 287 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) condition index (PCI) which is a nationally recognized index, in order to compute the estimate. We tested the underlying information supporting this estimate and concluded that the estimate and the process used by management is reasonable. 20.1 Packet Pg. 284 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) the actuarial results and considers the appropriateness of the assumptions used by the Plan. We analyzed management’s methodology, tested the underlying data, obtained the calculation and actuarial report and had an internal specialist review the significant assumptions and conclusions. We concluded that the process used by management and the estimates are reasonable. Other Postemployment Benefit Plan (OPEB) Assumptions The difference between the annual required contribution and actual contributions is recorded as a liability in the government-wide and proprietary fund financial statements of the City. The City utilizes the services of an actuary to determine the City’s annual required contribution. Management and the actuary determines the appropriateness of the actuarial assumptions to be utilized. The actuary’s calculation is reviewed and approved by management. We tested the information provided to the actuary and obtained the actuarial valuation report. We believe the estimates and processes used by management of the City are reasonable. 20.1 Packet Pg. 283 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) liabilities include historical experience, general market experience and claims lag timing. An actuary is hired by the City to compute the year-end estimate and the results are reviewed by management. We tested the information provided to the actuary and obtained the actuarial reports. We believe the process used by management of the City and the estimates are reasonable. Fair Value of Investments The City records its investments at the estimated fair value. Investment securities are based on quoted market prices. We tested the proprietary of information underlying management’s estimates, including the use of a third-party independent pricing source. Based on our procedures, we conclude that management’s estimate is reasonable. 20.1 Packet Pg. 282 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) management of the City, including the representation letter provided to us by management, are attached as Exhibit A. 20.1 Packet Pg. 281 Attachment: Report to City Council (4705 : Financial Statement and Federal Compliance Audit Acceptance) the median income for the area (AMI), as determined by HUD, with adjustments for smaller or larger families. Master Plans: Long-term vision documents. There are multiple functional master plans in each service area. MOD - Museum of Discovery NCEDC - Northern Colorado Economic Development Corporation O&M - Operations and Maintenance Outcome Measure: The mathematical expression of the effect on customers, clients, the environment, or infrastructure that reflects the purpose. PDCA - Plan, Do, Check, Act: This is a continuous process improvement methodology. PDT - Planning, Development and Transportation: One of the largest 1 Packet Pg. 272 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 2.5 2.2 3.4 4.1, 4.4 4.4 4.1, 4.3, 4.4, 4.5 4.7 4.9 4.7, 4.9 4.1, 4.3, 4.5, 4.6, 4.7 5.1 5.1 5.4 5.1, 5.2, 5.6 5.2 5.1 5.2 7.7, 7.9 7.9 1 Packet Pg. 269 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 4.7 4.7 4.2, 4.5, 4.7, 4.9 4.7,4.9 5.1, 5.3, 5.4, 5.5 5.4, 5.5 5.6 5.4 5.1 6.6 6.1, 6.2, 6.3 6.6 7.6 7.2, 7.6, 7.9, 7.11 7.1, 7.2, 7.12 7.1, 7.5, 7.7 7.1, 7.2, 7.6 7.9 7.1, 7.10 1 Packet Pg. 268 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 2.1, 2.5 3.5 3.7 4.1 4.8 4.2, 4.7 4.1, 4.7 5.1 5.6 5.4 5.4 6.2, 6.4 6.4 6.2, 6.3, 6.4 6.4 7.2 7.7 7.6, 7.7, 7.9 7.6 7.12 7.6, 7.7, 7.9 1 Packet Pg. 267 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 1.2 3.6 3.3 3.3 3.3, 3.6 4.1 4.4 4.3 4.1, 4.3, 4.4 6.2 6.2 7.1 7.6 7.9 1 Packet Pg. 266 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) -$30M -$40M -$20M -$10M $0M $10M $20M $30M Year End Balance KEY: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Revenue Expenditures Scenario Expenditures Scenario Revenue • Personnel is large part of total cost and growing at faster rate than revenue • Forecast does not include: weekend service, increased hours, shorter headways REVENUES & EXPENDITURES 00290 - TRANSIT SERVICES FUND - WITH TRANSFERS -$34M $22M $16M $7M $2M $1M $6M $14M $12M 1 Packet Pg. 255 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) $400M $450M Year End Balance KEY: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 $207M $161M $369M $359M $301M $242M $138M $225M $269M Revenue Expenditures Scenario Expenditures Scenario Revenue • Healthy financials through 2020 at existing service levels • $32M of funding eliminated in 2021 without KFCG REVENUES & EXPENDITURES ALL FUNDGROUPS - WITH TRANSFERS 1 Packet Pg. 254 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) Packet Pg. 243 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) general residents, which will continue. • Utilize community engagement as a platform for co-creation of innovative solutions and improvements to community needs. • Support the development of youth leadership programs that provide access to opportunities for youth to engage in community activities that develop future community leaders. 7.6 Enhance the use of performance metrics and benchmark data to assess results and program effectiveness. • Significant progress has been made in defining appropriate metrics to track progress and success in achieving the City’s Strategic Outcomes, objectives and departmental goals. • A data warehouse has been developed to house all metric information and provide easy reporting to various audiences. • Additional work is needed to sort through existing metrics and to ensure the right metrics are in place. Leaders may review and act on the information provided by the metrics. 7.7 Address long-term funding requirements by diversifying the revenue base and finding new revenue sources. • Identifying alternate revenue sources, as well as renewing all or a portion of the current KFCG tax rate, is critical to the delivery of community services and programs. • Various areas across the City lack funding for new, enhanced and replacement capital investments, including Golf, Parks, grade-separated crossings, etc. New revenue sources should be identified to support 1 Packet Pg. 239 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) government are cornerstones of a high performing community. Research shows that communities with actively involved residents derive more satisfaction from open involvement and achieve more results with greater benefit to the community as a whole. Participating communities demonstrate greater acceptance and inclusion of people from different backgrounds, and no form of discrimination is tolerated. 1 Packet Pg. 238 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) developed with the vision articulated in existing adopted plans. 1 Packet Pg. 235 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) the transit policies of the Transfort Strategic Operating Plan and Transportation Master Plan, and should be available at times that support the work and leisure needs of riders. 6.5 Fill the gaps for all modes of travel and improve the current transportation infrastructure while enhancing the aesthetic environment. • Street maintenance and the infrastructure of intersections and pedestrian ways are a high priority for the Fort Collins community. • The City has a significant number of 1 Packet Pg. 234 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) enhance public safety, the goal is to increase containment in the room of origin to 80 percent. • Development review services ensure that new construction, redevelopment, and building activity are consistent with the International Fire Code. 5.4. Develop and implement emergency preparation and resiliency plans in collaboration with other regional efforts. • Additional training and role clarity is needed regarding Citywide emergency response and recovery plans for all hazards as defined in the City’s Emergency Management Plan. • Representatives of each involved department need to develop the appropriate documentation and understanding of how to respond to an emergency. • A method needs to be established to 1 Packet Pg. 230 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) Larimer County landfill for disposal, it is now estimated that the remaining life-span is approximately 10 years. The estimated landfill replacement cost is projected at $80M or more. • Initiate programs that address the CAP Framework including qualitative and quantitative strategies that can reduce Fort Collins’ carbon footprint through waste reduction, composting, tree planting, soil management activities and promoting local food. 4.7 Increase the community’s preparedness and resiliency for changes in climate, weather and resource availability. • Extreme weather events will continue to impact Fort Collins residents, infrastructure and resources. • Support a multi-faceted approach to increase awareness and integrate planning efforts necessary to improve the community’s overall response and resilience. • Identify and address the public health and safety concerns, negative economic impacts and resource constraints that may be impacted by extreme weather, and develop a business continuity plan. • Integrate additional awareness and consideration of future climate impacts into current and strategic City planning. • Support programs that include ongoing monitoring of climate research and evolving climate modeling necessary to assist in future course corrections and additional strategy identification. 1 Packet Pg. 227 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 4.3 Engage citizens in ways to educate and encourage behaviors toward more sustainable living practices. • Achieving the goals to reduce community GHG emissions by 80 percent by 2030 and reach carbon neutrality by 2050 will require landmark actions and the participation of the entire community. Households, businesses and institutions will all be asked to help achieve these goals by making changes to their behaviors, operations and facilities. • Locally relevant and understandable messaging and education about 1 Packet Pg. 226 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) continue progress. • Develop programs and opportunities that focus on Midtown and other activity centers throughout the city. • Support and enhance the economic vitality of business districts in a way that balances the needs of businesses, visitors, customers and residents. • Continue to create and maintain a parking system that meets the needs and expectations of residents, visitors and businesses. • Increase public access to convenient parking for people of all abilities. • Provide parking at key locations to maximize effectiveness of integrated transit, bicycle and pedestrian solutions. 3.7 Sustain high water quality to support the community and water- dependent businesses. • Residents appreciate the reliable, high- quality water for home use, recreation and City services. • Protect our high-tech and microbrew industries, which require a high-quality and reliable water resource. • Maintain and develop initiatives and programs to protect watersheds and resources to ensure long-term water availability at competitive rates. 3.8 Maintain electric utility systems, services, infrastructure integrity and stable, competitive rates. • The City’s low energy costs and high reliability, due to the underground system, provide an advantage in attracting and retaining energy- intensive industries. Maintaining 1 Packet Pg. 223 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) that support livable wages that allow citizens to live and work within the community. • Retention: Provide services that enable continued success, such as peer and partner connections and training support. • Expansion: Services that support business expansion, such as real estate identification and training support. • Incubation: Encourage the formation of new businesses by partnering with organizations, such as Small Business Development Center and Rocky Mountain Innosphere. 1 Packet Pg. 222 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) production and organic farming. 2.4 Develop effective marketing and pricing strategies and programs that drive value, attendance and cost recovery. • Maintain focus on diverse programs and opportunities while evaluating and adapting to community desires. • Evaluate program attendance and develop marketing programs to achieve a high degree of participation in all programs offered. • Continue to improve self-sufficiency by assessing and adjusting fee structures based on demand, alternatives and affordability. 1 Packet Pg. 218 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) and implement alternative policing strategies, such as neighborhood watch groups. 1.8 Foster positive and respectful neighbor relationships and open communication, as well as provide and support conflict resolution. • Build community by supporting local events, programs, projects and education opportunities, and exploring public-private partnerships. • Encourage open communication, community engagement, and the formation of strong neighborhood ties though inclusivity, respect and volunteerism. • Provide tools to resolve conflict, repair harm and strengthen relationships. 1 Packet Pg. 216 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) sense of community. 1.4 Protect and preserve the City’s quality of life and neighborhoods. • Fort Collins enjoys a unique appeal based on our open spaces, access to mountains, parks and trail systems, a high quality school system, and our individual identity separate from neighboring communities. • Fort Collins is perceived as the destination of choice in Northern Colorado for entertainment and dining, and is a major shopping destination in the region. • Promote Nature in the City programs to enhance green spaces and increase the integration of natural habitat with urban spaces. • Expand, enhance and conserve City open space lands and the trail network. • Maintain the positive and unique character of the community while transitioning from a large town to a small city with careful planning and compromise. • Enhance Downtown character and lead appropriate redevelopment of Midtown. • Focus also on placement of neighborhoods and their proximity to schools, child care, grocery stores, recreation opportunities and public transportation. 1.5 Guide development compatible with community expectations through appropriate planning, annexation, land use, historical preservation and development review processes. • CSU is growing significantly and plans $1.5B of construction and an expected student population of 35,000 over the next decade. 1 Packet Pg. 215 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) quality housing.” • The current rental market, with vacancy rates of less than 3 percent, is making it difficult for low-income residents to live and work within Fort Collins. • Focus should be on creating opportunities for ownership and 1 Packet Pg. 214 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) community. (NEW) 7.2 Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust. 7.3 Improve core Human Resource systems, develop a total reward system and address workforce planning and career development. HIGH PERFORMING GOVERNMENT Deliver an efficient, innovative, transparent, effective and collaborative city government 1 Packet Pg. 211 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) 3.4 Provide transparent, predictable and efficient processes for citizens and businesses interacting with the City. 3.5 Foster sustainable infill and redevelopment. 3.6 Enhance the economic vitality of our community. 3.7 Sustain high water quality to support the community and water-dependent businesses. 3.8 Maintain electric utility systems, services, infrastructure integrity and stable, competitive rates. 3.9 Encourage the development of reliable, high speed internet services throughout the community. 3.10 Identify strategies to reduce train horn noise. (NEW) 1 Packet Pg. 210 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) - Total Cumulative Participation 2. Golf Courses - Total Cumulative Participation 3. Lincoln Center - Total Cumulative Participation 4. Museum of Discovery - Total Cumulative Participation 5. Natural Areas Programs - Cumulative Participation per Capita 6. Paved Trails - Cumulative Number of Visits 7. Recreation Programs - Total Cumulative Participation 1 Packet Pg. 209 Attachment: Exhibit A (4732 : 2016 Strategic Plan RESO) Service Commercial (CS) Downtown (D) Employment (E) Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Buffer (NCB) Neighborhood Conservation Medium Density (NCM) Public Open Lands (POL) River Downtown Redevelopment (RDR) Urban Estate (UE) 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 3 16.3 Packet Pg. 160 Attachment: Proposed Zoning (4709 : Poudre River Annexation) Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 2 16.2 Packet Pg. 159 Attachment: Structure Plan (4709 : Poudre River Annexation)