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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/06/2016 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Regular Meeting September 6, 2016 (revised 9/2/16) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring September, 2016 as Hunger Action Month. B. Proclamation Declaring September 10, 2016 as Historic Homes Tour Day. C. Proclamation Declaring September as Suicide Awareness Month. D. Proclamation Declaring October 28, 2016 through May 6, 2017 as the 40th Anniversary Season of the Larimer Chorale. 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 August 9, 2016 Special Council Meeting, the August 16, 2016 Regular Council Meeting, and the August 23, 2016 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the August 9, 2016 Special Council meeting, the August 16, 2016, Regular Council meeting, and the August 23, 2016 Adjourned Council meeting. 2. Second 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. This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $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. 3. Second Reading of Ordinance No. 099, 2016, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $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. 4. Second 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. This Ordinance, unanimously adopted on First Reading on August 16, 2016, authorizes 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. 5. Council Action Postponing Indefinitely 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. The purpose of this item is to postpone indefinitely an Ordinance presented to Council on August 16, 2016, and continued to the September 6, 2016 meeting, regarding a two year pilot Income-Qualified Rate (IQR). An affirmative vote on this item will indefinitely postpone the proposed Ordinance and pilot study until such time as further action on the program is initiated. 6. Items Relating to the Vida Sana Grant. A. Resolution 2016-069 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. City of Fort Collins Page 4 The purpose of this item is to approve a Vida Sana sub-grant agreement and appropriate sub-grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. 7. First Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center 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 $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. 8. Items Relating to Proposed Design Standards for the I-25/SH 392 Interchange Corridor Activity Center Area. A. Resolution 2016-070 Recommending to the Town Board of Windsor Approval of the Proposed Changes to the Corridor Activity Center Design Standards. B. First Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. The purpose of this item is to forward a recommendation to the Windsor Town Board on proposed Corridor Activity Center (CAC) Design Standards for Windsor, east of I-25, and amend to the Land Use Code for proposed changes related to design standards, specifically for the Fort Collins CAC area located west of I-25. 9. Items Relating to Horsetooth Foothills Land Conservation Project. A. Resolution 2016-071 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County for the Horsetooth Foothills Land Conservation Project. B. First Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. The purpose of this item is to seek City Council authorization to enter into an Intergovernmental Agreement (IGA) with Larimer County for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. Ordinance No. 108, 2016 will authorize the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado. 10. Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. The purpose of this item is to assign the City's 2016 Private Activity Bond capacity to the Colorado Housing Finance Authority for the purpose of constructing and rehabilitating affordable housing rental units in Fort Collins. 11. Resolution 2016-073 Setting the Dates of the Public Hearings on the 2017 and 2018 Proposed City of Fort Collins Biennial Budget. The purpose of this item is to set two public hearing dates on the proposed 2017-2018 biennial budget. The City Charter requires that the City Council set a date for a public hearing on the City of Fort Collins Page 5 proposed budget. This Resolution sets that hearing date for the regular Council meeting of September 20, 2016. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 4, 2016, regular Council meeting. 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. Poudre River Whitewater Park Project. (staff: Kurt Friesen)  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. 12. Second 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) This Ordinance, adopted on First Reading by a vote of 5-0 (Campana recused; Stephens absent) vacates 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. City of Fort Collins Page 6 13. Second 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. (staff: Jon Haukaas, Lance Smith; no staff presentation; 5 minute discussion) This Ordinance, adopted on First Reading on August 16, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) appropriates $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. 14. First Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. (staff: Caroline Mitchell, Jackie Kozak-Thiel, Jeff Mihelich, Lucinda Smith, Susie Gordon; 10 minute staff presentation; 1 hour discussion) The purpose of this item is to consider adoption of the Community Recycling Ordinance (CRO). This ordinance would allow private haulers the option to apply a service surcharge on residential trash and recycling bills; require private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt-in fee; require private haulers to provide recycling service to businesses and apartment complexes by 2020; and require grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. NOTE: Highlighted blanks on page 12 of Ordinance No. 109, 2016, must be completed by adoption of a motion or as part of the vote on the Ordinance.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Possible consideration of motion to waive the attorney-client privilege on and release to the public a specified memorandum regarding the Keep Fort Collins Great tax and the Taxpayers’ Bill of Rights.  ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, hunger and poverty are issues of grave concern in the United States and the State of Colorado and Fort Collins; and WHEREAS, Fort Collins is committed to taking steps to raise awareness about the need to combat hunger in every part of our city and to provide additional resources that citizens of Fort Collins need; and WHEREAS, Fort Collins is committed to working with Food Bank for Larimer County in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, more than 36,000 individuals in Larimer County rely on food provided by the Food Bank for Larimer County annually; and WHEREAS, Food Bank for Larimer County distributed more than 8.9 million pounds of food in 2015 through its network of food pantries, partner agencies, Kids Cafe sites, and other community organizations; and WHEREAS, food banks across the country, including Food Bank for Larimer County, will host events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. NOW, THERFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim September 2016 as HUNGER ACTION MONTH and proclaim September 8 is Hunger Action Day in Fort Collins. I call this observance to the attention of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 7 PROCLAMATION WHEREAS, the Poudre Landmarks Foundation, Inc., was established in 1972 to administer the Avery House upon its acquisition by the City of Fort Collins in 1974; and WHEREAS, the mission of the Poudre Landmarks Foundation is to preserve, restore, protect, and interpret the architectural and cultural heritage of the Fort Collins area; and WHEREAS, the Annual Historic Homes Tour was established in 1985 as the major fund-raising event for the Poudre Landmarks Foundation, with all proceeds benefiting its preservation work; and WHEREAS, the Historic Homes Tour is a community-service event by volunteers of the Poudre Landmarks Foundation to raise awareness about historic preservation work; and WHEREAS, September 10, 2016, is the date of the 32nd Annual Historic Homes Tour presented by the Poudre Landmarks Foundation. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Saturday, September 10, 2016, as the HISTORIC HOMES TOUR DAY in the city of Fort Collins and call upon the community to join their fellow citizens in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, Larimer County lost 80 individuals to suicide in 2015; and WHEREAS, over the last ten years more than 583 people have died by suicide in Larimer County; and WHEREAS, suicide permeates all demographic boundaries and causes extreme suffering, grieving, and pain that affects families, schools and communities; and WHEREAS, many of the social, demographic, biological, clinical, and behavioral risk factors for suicide are known, and many promising strategies exist to prevent suicide; and WHEREAS, the risk for human self-destruction can be reduced through awareness, education and treatment, making it necessary to regard suicide as a major health problem and to support educational programs, research projects, and services providing support and resources to those who have lost a loved one to suicide; and WHEREAS, the Alliance for Suicide Prevention’s mission is to prevent suicide by raising awareness, educating and training youth and adults about depression and suicide and providing resources and support to those who have been impacted; and WHEREAS, events and presentations are planned for the month of September to help educate Poudre School District students, faculty, staff, parents, and others about suicide and promote awareness of available resources. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of September as SUICIDE AWARENESS MONTH in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: ____________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, The Larimer Chorale, an auditioned adult symphonic chorus, was founded in Fort Collins in 1977, with a mission to perform choral music at a high artistic standard, with an emphasis on masterworks, and to enrich and educate singers and audiences throughout Northern Colorado; and WHEREAS, The Larimer Chorale has been an essential part of the cultural fabric of Fort Collins for 40 years, consistently producing professional-level concerts with accomplished avocational singers; and WHEREAS, The Larimer Chorale sponsors Singing for Seniors, a community engagement program for independent, active, and older adults who wish to realize their health, wellness, and life-long learning goals through recreational singing and the Dickens Carolers of The Larimer Chorale, who have been providing holiday entertainment throughout Northern Colorado for the past 10 years; and WHEREAS, The Larimer Chorale is unique among local performing arts groups in representing Fort Collins and bringing positive attention to Colorado’s Front Range and has become one of the largest and most accomplished classical choral groups; and WHEREAS, with its 2016-17 season, The Larimer Chorale celebrates its 40th year of “Giving Music a Voice”. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim October 28, 2016 through May 6, 2017 as the 40th anniversary season of THE LARIMER CHORALE and urge residents to attend a Larimer Chorale performance during the 40th anniversary season. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the August 9, 2016 Special Council Meeting, the August 16, 2016 Regular Council Meeting, and the August 23, 2016 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the August 9, 2016 Special Council meeting, the August 16, 2016, Regular Council meeting, and the August 23, 2016 Adjourned Council meeting. ATTACHMENTS 1. August 9, 2016 (PDF) 2. August 16, 2016 (PDF) 3. August 23, 2016 (PDF) 1 Packet Pg. 11 City of Fort Collins Page 67 August 9, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck Staff present: Atteberry, Daggett, Winkelmann  CITIZEN PARTICIPATION Debra (no last name given) opposed the monthly fee being charged for manual meter readings as being punitive and stated she feels her security is compromised by the regular reporting of energy usage as part of the Smart Meter program. Eric Sutherland discussed possible Council endorsement of a Larimer County ballot question to fund mental health initiatives.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Stephens requested staff input regarding Debra’s comments that the manual meter reading fees are meant to be punitive. Lisa Rosintoski, Utilities, replied the fee was calculated based on cost of service for the new meters and was not intended to be punitive. In terms of customer confidentiality, personal identified information is kept private. All employees who have access to the customer information system are required to have a background check and go through training to minimize exposure of customer information. Councilmember Cunniff noted the manual meter readings collect approximately $40,000 per year and asked if that covers costs associated with the manual meter readings. Rosintoski replied in the affirmative. Councilmember Martinez asked if individuals can call in their meter readings. Rosintoski replied in the negative.  DISCUSSION ITEMS Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into executive session for the purpose of meeting with the City Attorney and City management staff to discuss specific legal questions regarding the application of the Taxpayer’s Bill of Rights (TABOR) to the Keep Fort Collins Great tax in the manner in which particular policies, practices, or regulations of the City may be affected by existing proposed provisions of federal, state or local law, as permitted under Section 2-31(a)(2) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(b). 1.1 Packet Pg. 12 Attachment: August 9, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 9, 2016 City of Fort Collins Page 68 Eric Sutherland stated the only reason he has brought this issue forward is to cease sales tax on food and prescription drugs in Fort Collins. Mayor Troxell noted the City produced a memo regarding sales tax on food throughout the state. Councilmember Martinez asked if Colorado Springs and Denver collect sales tax on food. Mike Beckstead, Chief Financial Officer, replied in the negative. The vast majority of Colorado towns do tax food and at a higher rate than does Fort Collins. Councilmember Martinez asked about Loveland's status regarding sales tax on food. Beckstead replied a measure to end the tax was withdrawn before it went to a vote. Councilmember Cunniff stated he does not see the connection between KFCG and the food sales tax. Councilmember Martinez asked if Fort Collins collects sales tax on prescription drugs. Beckstead replied he was unsure; however, sales tax on food provides about $9 million in annual revenue. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck Council will consider a motion to waive City Council's attorney-client privilege and allow public disclosure of a legal memo regarding TABOR issues related to the Keep Fort Collins Great (KFCG) Sales and Use Tax. (Postponed) Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone consideration of a motion to waive City Council's attorney-client privilege and allow public disclosure of a legal memo regarding TABOR issues related to the Keep Fort Collins Great sales and use tax to September 6, 2016. Councilmember Cunniff noted Council has not had time to fully understand the memo, which was received today. Mayor Troxell stated Council is interested in simplicity and truth and the postponement will allow for necessary consideration to occur. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to direct the City Manager and staff to prepare a memo providing a timeline of issues dealing with the KFCG tax and other issues surrounding it from 2010 to the present by the end of the week. 1.1 Packet Pg. 13 Attachment: August 9, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 9, 2016 City of Fort Collins Page 69 Councilmember Campana requested a friendly amendment to push the timeline of such memo to the end of next week. Mayor Pro Tem Horak and Councilmember Stephens accepted the friendly amendment. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Campana, Troxell, Cunniff, Horak ABSENT: Overbeck  OTHER BUSINESS  ADJOURNMENT The meeting adjourned at 7:30 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 14 Attachment: August 9, 2016 (4769 : minutes-8/9, 8/16, 8/23) City of Fort Collins Page 70 August 16, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens Staff Present: Atteberry, Daggett, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew Consent Agenda Item No. 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, for additional staff work and stated the agenda has been amended to include adjournment to August 23 for the purpose of an executive session regarding the TABOR issue and Keep Fort Collins Great taxes.  CITIZEN PARTICIPATION Mike Pruznick requested Council make a public statement opposing violence against citizens, specifically referencing the Federal Railroad Administration meeting. Virginia Farver discussed the Smart Meter program and the deleterious health effects of wireless radiation. John Lambert discussed open pit wood burning and a situation at a neighboring property. He requested Council look into the situation. Mel Hilgenberg suggested expanding the two-hour parking in Old Town to 8 PM, enforcing the 3 AM parking ban, and expanding the Old Town parking zone. He suggested moving the Fort Collins Rescue Mission to the old Fort Ram location and discussed the need for affordable housing. Additionally, he requested the tree at the northeast corner of Mountain and College be trimmed. Thomas Edwards, Fort Collins Bicycle Coalition, stated bicycle numbers are down 4% this summer and suggested the City's bicycle counts are inaccurate.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Overbeck thanked Mr. Edwards for his comments and asked if the Parking Board hears citizen concerns regarding parking issues. City Manager Atteberry replied in the affirmative. Councilmember Martinez asked if Code addresses smoke issues. Lucinda Smith, Environmental Services, replied there are some elements in the City Code that limit wood smoke emissions; however, they relate particularly to indoor burning. Certain limitations exist for the building of outdoor burning pits; however, there are no codes prohibiting outdoor burning at this time. Staff 1.2 Packet Pg. 15 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 71 will be looking at the issue this fall. Delynn Coldiron, Neighborhood Services, replied work is being done regarding excessive smoke and existing codes. She offered mediation services to deal with Mr. Lambert’s concerns. Mayor Pro Tem Horak discussed the outdoor smoke and fire pit issue and stated regulations will not change without strong Council and community support. Councilmember Cunniff also supported examining the outdoor smoke and fire pit issue and stated the Air Quality Advisory Board is considering the placement of outdoor wood smoke on its work plan for next year. Mayor Troxell thanked Senators Bennett and Gardner, Congressman Polis, and the Federal Railroad Administrator for their visit to Fort Collins regarding train noise. Councilmember Cunniff requested a report regarding median improvements. Councilmember Martinez requested a copy of the memo regarding radiation impacts of Smart Meters that had been provided in the past.  CONSENT CALENDAR Councilmember Martinez withdrew Item No. 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, from the Consent Agenda. Councilmember Cunniff withdrew Item No. 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, from the Consent Agenda. Mike Pruznick withdrew Item Nos. 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, and 19, Resolution 2016-063 Adopting the 2016 City of Fort Collins Strategic Plan, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens 1.2 Packet Pg. 16 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 72 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. (Adopted) 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. (Adopted) 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. (Adopted) 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. (Adopted) 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. (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. 1.2 Packet Pg. 17 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 73 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. 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. (Adopted) 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. (Adopted) 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. (Adopted) 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. 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. (Adopted) 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. 10. 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. (Adopted) 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. 1.2 Packet Pg. 18 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 74 055, 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. 11. 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. (Adopted) 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. 12. 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) 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. 13. 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. (Adopted) 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. 14. 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. (Adopted) 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. 15. 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. (Adopted) 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. 1.2 Packet Pg. 19 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 75 16. 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. (Adopted) 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. 17. 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. (Adopted) 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. 18. Resolution 2016-066 Appointing Two Representatives to the Colorado Municipal League Policy Committee. (Adopted) 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. 19. Resolution 2016-067 Making Appointments to the Citizen Review Board. (Adopted) 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.  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested information regarding the verification of employment numbers for companies receiving economic incentive reimbursements. City Manager Atteberry replied further details will be provided. Councilmember Overbeck discussed the need for citizens to be assured of a good return on investment regarding economic incentive reimbursements.  STAFF REPORTS Jackie Kozak-Thiel, Chief Sustainability Officer, stated the Healthy Homes program is celebrating its fifth anniversary and is now provided ongoing funding through General Fund. The program aims to improve indoor air quality in citizens’ homes. 1.2 Packet Pg. 20 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 76 Mary Pat Aardrup, Healthy Homes Coordinator, discussed the background of the program and noted every resident in the City is eligible for a Healthy Homes assessment. She discussed the Master Home Educator volunteer program. Selina Lujan, Healthy Homes Assistant Coordinator, discussed individual results of the program and the value and impact of the program on the community. Tom Leeson, Community Development and Neighborhood Services Director, stated restorative justice focuses on the rehabilitation of offenders through reconciliation with victims and the community at large Perrie McMillen, Restorative Justice Program Coordinator, discussed the two programs in Restorative Justice Services: Restore which is for shoplifting offenses only, and the Restorative Justice Conferencing Program which is for all other offenses. She discussed grant funding for the program and the importance of volunteers to the program.  COUNCILMEMBER REPORTS Councilmember Martinez discussed the Salvation Army monthly report and its school supply program. He reported on his meeting with the Commission on Disability and concerns regarding accessibility, particularly during New West Fest. Councilmember Overbeck reported on his attendance at a local film dealing with displacement and gentrification issues. Councilmember Campana reported on his meetings with the Golf Board and the Parks and Recreation Board, stating both Boards requested additional contact with Council. All three golf courses in Fort Collins are now Audubon Cooperative Sanctuary certified. Mayor Troxell noted each Councilmember is now reporting Councilmember reports regarding board and commission Periodic Reviews. He reported on the Cultural Resources Board and its desire to engage with non-profit organizations throughout Fort Collins. Mayor Pro Tem Horak reported on the I-25 third lane construction near Berthoud, which will be complete by December. Agreements regarding the third lane from the south Loveland exit to Mulberry are being developed. Councilmember Cunniff reported on the Air Quality Advisory Board meeting and the importance of connections to Council. He asked about CDOT's plan for repairing the seam down the center of travel lanes on the newly paved portions of College Avenue. Mayor Troxell discussed the success of New West Fest and thanked City staff and others who played a key role in planning the event. He stated he did see accessible areas throughout the venue. Mayor Pro Tem Horak thanked the Bohemian Foundation and Pat Stryker for their support of the event. City Manager Atteberry commended Police Services for the safety of New West Fest. 1.2 Packet Pg. 21 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 77  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 20. 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. (Adopted on First Reading) 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. Councilmember Cunniff asked about why stormwater funds were selected as opposed to General Fund and when Timnath will provide its payment of half of the costs. Jon Haukaas, Water Engineering Field Operations Manager, replied stormwater facilities are typically paid from utilities funds. Councilmember Cunniff questioned why the overall general rate payers' stormwater fees are being used in the special assessment district. He asked if there has been any consideration of repayment of those fees and viewing this as a loan from the stormwater fund to the Boxelder Authority. Haukaas replied projects were identified as Authority projects and others as local projects when the Authority was formed. This project was considered a Fort Collins local project and was not part of the Boxelder Stormwater Authority overall master plan. Councilmember Cunniff asked about the IGA and repayment from Timnath. Haukaas replied Fort Collins has been receiving payment from Timnath throughout this project. Councilmember Cunniff asked how unanticipated costs are being managed. Haukaas replied the original IGA for this project identified $4 million to work toward the project with the anticipation of additional funds being needed. This appropriation will accommodate all needed costs for this process and staff has identified ways to maintain better controls in future major capital projects. Councilmember Cunniff asked if this was included in the utility fixed costs discussion at Council Finance. Haukaas replied it was not included because it is a current and not a future project. Councilmember Overbeck requested Council receive a confirmation memo when Timnath pays its portion at the end of the month. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 100, 2016, on First Reading. Mayor Pro Tem Horak requested additional information regarding improving the process in the future. Haukaas replied staff will come before Council as soon as possible if the initial appropriation is not sufficient, most likely prior to the beginning of construction. Mayor Pro Tem Horak expressed concern about the lack of community review regarding Art in Public Places stating decisions should not be solely left to the Art in Public Places Board. Councilmember Martinez agreed with Mayor Pro Tem Horak. City Manager Atteberry replied he will share Council's desires with the Art in Public Places Board and staff. 1.2 Packet Pg. 22 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 78 Councilmember Cunniff expressed concern regarding the process given the dollar amount and stated additional public debate and transparency should have occurred. Councilmember Overbeck agreed with Councilmember Cunniff. Mayor Pro Tem Horak noted half of the dollar amount will be reimbursed but agreed additional process information could have been presented. RESULT: ORDINANCE NO. 100, 2016, ADOPTED ON FIRST READING [4 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Campana, Troxell, Horak NAYS: Overbeck, Cunniff ABSENT: Stephens 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. (Adopted) 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. Councilmember Martinez stated it would be valuable to discuss this item. Mike Pruznick stated this item is neither administrative nor routine and is controversial. He asked what would happen to the building in 25 years if the tax is not renewed and asked what would happen if operational costs change. Additionally, he asked what other ballot items are competing with this item. He requested Council postpone this item in order to hold a work session to discuss ballot item prioritization. Eric Sutherland opposed the item, stating no justification has been provided for the amount requested. Mel Hilgenberg stated he is highly supportive of this tax initiative. Councilmember Campana agreed with comments relating to taxing capacity; however, he stated this tax is necessary to fund a higher level of service desired by the community. Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt Resolution 2016-065. Councilmember Cunniff supported the item as providing care facility treatment rather than utilizing emergency services. Councilmember Overbeck supported the item as being valuable for the community. Councilmember Martinez supported the item. 1.2 Packet Pg. 23 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 79 Mayor Pro Tem Horak noted a great deal of research regarding best practices and community needs has been put into this proposal. He stated it makes financial sense from the City's perspective as well. Mayor Troxell supported the item as being a well thought-out proposal. RESULT: RESOLUTION 2016-065 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens  DISCUSSION ITEMS 22. 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. (Adopted on First Reading) 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. Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 103, 2016, on First Reading. RESULT: ORDINANCE NO. 103, 2016, ADOPTED ON FIRST READING [5 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Overbeck, Troxell, Cunniff, Horak ABSENT: Stephens RECUSED: Campana 23. 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. (Adopted on Second Reading) 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. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 096, 2016, on Second Reading. 1.2 Packet Pg. 24 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 80 Councilmember Martinez stated he would not support the item as he feels this type of expense should receive voter approval. Councilmember Campana stated he would not support the item for reasons cited during the First Reading discussion. RESULT: ORDINANCE NO. 096, 2016, ADOPTED ON SECOND READING [4 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Overbeck, Troxell, Cunniff, Horak NAYS: Martinez, Campana ABSENT: Stephens 24. 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. (Secretary's Note: Under Other Business, First Reading of Ordinance No. 104, 2016, was postponed to September 6, 2016) 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. Lisa Rosintoski, Utilities Customer Service Connections Manager, stated this Ordinance recognizes an important component of the low-income assistance integrated design approach. She discussed the successes of the temporary assistance program and stated, if approved, a 30- day public notice will occur with a Second Reading on September 20th. Randy Reuscher, Utility Rate Analyst, discussed the proposed rate structure for the income qualified rate and the overall fund impact for each service if 100% enrollment were achieved. Rosintoski stated the pilot program would run for two years, after which staff would go before Council with a formal presentation to determine whether or not the project will continue. 1.2 Packet Pg. 25 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 81 Eric Sutherland discussed payments in lieu of taxes for water rates and stated programs which enable low-income households to conserve should be enacted. Mike Truett supported the Ordinance as being progressive. Councilmember Martinez asked how business rates would be impacted. Reuscher replied the exact impact depends on the size of the business; however, the rate is 0.75% of the businesses' total bill. Councilmember Martinez asked what percentage of utility bills goes toward the Climate Action Plan. Reuscher replied there are currently no specific costs built in for the Climate Action Plan; however, there are costs built in for energy efficiency programs and the like. Councilmember Martinez asked if there is any question legally regarding rate payers absorbing costs for other rate payers. City Attorney Daggett replied Utilities staff has looked closely at what utility purposes are served by the proposed rate; the agenda item summary summarizes several ideas related to promoting energy efficiency and conservation among the sector of the utility customer base that would benefit. Council does have discretion to identify expenditures like this if it believes those expenditures are beneficial to the rate payers or will result in a betterment to the utility. She recommended an executive session for detailed legal information; however, she noted Utilities staff has worked closely with the City Attorney's Office during this process. Councilmember Cunniff requested Council be provided a confidential legal memo on this topic prior to Second Reading. Councilmember Martinez asked if a program has been set up for donations. Rosintoski replied the Payment Assistance Fund is extensively promoted through utility bills, social media, the web site, and biannual letters sent to rate payers. Councilmember Martinez asked if the demand for funds has been greater than what is available. Rosintoski replied needs were not previously met; however, with this year's Energy Outreach Colorado matching fund support, that possibility exists. She stated needs being supplied at this point are as needed and not ongoing. Councilmember Cunniff asked if pro-rating the fixed fee for water across all rate categories has been discussed. Reuscher replied the long-term goals of the utility is to align the fixed costs with the fixed charges. Councilmember Cunniff stated he would like to see the elimination of the fixed rate considered in the future. Councilmember Campana asked what portion of the utilities bills are due to the energy efficiency plan. Rosintoski replied approximately 7% of the electric rate is attributable to energy efficiency and renewables. Councilmember Campana stated the justification for this is conservation. He expressed concern regarding making the connection between conservation and paying less on utility bills. 1.2 Packet Pg. 26 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 82 Councilmember Cunniff agreed with Councilmember Campana's concerns and stated he would like to find a way to tie this more toward efficiency and conservation outcomes. Mayor Troxell requested additional information regarding the LEAP program. Rosintoski replied the program administers federal funding which is dispersed at a certain federal poverty level. Mayor Troxell noted the water utility only serves a portion of Fort Collins citizens and asked how the Fort Collins Loveland Water District and ELCO customers will be affected, if at all. Rosintoski replied district customers will not be affected by this rate; however, there is potential for a future partnering mechanism. Councilmember Campana noted the City could offer free energy evaluations to LEAP customers with or without action on this Ordinance. He stated citizens should be encouraged to donate through the Payment Assistance Fund. Councilmember Martinez asked if the public could be surveyed for support. Rosintoski stated non-profits supported this opportunity to support the on-going need; however, the general public has not yet been surveyed. Councilmember Martinez concurred with Councilmember Campana regarding a requirement for participation in energy efficiency programs. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 104, 2016, on First Reading. Mayor Pro Tem Horak stated the item was directed by Council and supported moving the conversation forward. Councilmember Cunniff stated his preference would have been to continue to develop this and asked how a delay would affect rate setting. Rosintoski replied public notice for rate ordinances will occur following potential First Reading adoption. Mayor Pro Tem Horak requested information regarding incentivizing or making audits mandatory prior to Second Reading. Councilmember Campana stated he would rather spend money marketing one's ability to donate to the Payment Assistance Fund. He stated this does not guarantee anything regarding conservation. Councilmember Overbeck stated he would support this item and commended staff work on presenting before boards and commissions. Councilmember Martinez asked how the nexus between energy conservation and this change will be demonstrated. Rosintoski replied staff will communicate with other communities for feedback. Mayor Troxell stated he will support the motion and commended Council's comments as being thoughtful in addressing the ultimate desired outcome. 1.2 Packet Pg. 27 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 83 RESULT: ORDINANCE NO. 104, 2016, ADOPTED ON FIRST READING [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Overbeck, Troxell, Cunniff, Horak NAYS: Campana ABSENT: Stephens (Secretary's Note: Under Other Business, First Reading of Ordinance No. 104, 2016, was postponed to September 6, 2016) (Secretary's Note: Council took a brief recess at this point in the meeting.)  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 25. 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. (Adopted on Second Reading) 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. Mike Pruznick questioned whether the legal definition of “has taken” is different from the engineering definition and plain English definition. City Attorney Daggett replied Mr. Pruznick is correct in that the Ordinance has not been formally adopted until adoption on Second Reading; however, when Council considered the item on First Reading, it also considered a motion directing the City Clerk to contact the County regarding this matter, so the Council did actually take action at the same time First Reading was before it. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 097, 2016, on Second Reading. RESULT: ORDINANCE NO. 097, 2016, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens 26. Resolution 2016-063 Adopting the 2016 City of Fort Collins Strategic Plan. (Adopted) 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 1.2 Packet Pg. 28 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 84 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. Mike Pruznick stated he pulled this item to discuss the triple bottom line and Climate Action Plan. He stated the triple bottom line needs to be examined from a priority point of view with people first, planet second, and profit honoring the first two. He discussed energy use by businesses versus residential properties. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2016-063. RESULT: RESOLUTION 2016-063 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens  OTHER BUSINESS Councilmember Martinez requested and received Council support to direct staff to examine the Arts in Public Places process so as to allow community comments. Mayor Pro Tem Horak requested and received Council support to provide additional information and options regarding outdoor wood smoke. Mayor Troxell suggested this could include other things relating to truck smoke and particulates and improved neighborhood livability. Motion to reconsider decision regarding Item #14, Income Qualified Rate Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to reconsider the vote on Ordinance No. 104, 2016. Councilmember Cunniff stated postponement of the item to September 6th would allow for the creation of a cleaner First Reading and does not make public notification of rate changes impossible. RESULT: MOTION TO RECONSIDER ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens Motion to postpone consideration of First Reading of Ordinance No. 104, 2016 to September 6. Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to postpone consideration of First Reading of Ordinance No. 104, 2016, to the September 6 th , 2016 meeting. 1.2 Packet Pg. 29 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 16, 2016 City of Fort Collins Page 85 Councilmember Martinez asked when Second Reading would occur, should the Ordinance pass on First Reading. City Attorney Daggett replied staff may be able to do a notice that would allow Second Reading on September 20; however, the timing of the notice will need to be further evaluated. Councilmember Cunniff requested input from Kevin Gertig, Utilities Executive Director, regarding the postponement. Gertig replied the normal rate ordinances are required in the November time period and staff will be back before Council at that time. RESULT: POSTPONEMENT OF FIRST READING OF ORDINANCE NO. 104, 2016, TO SEPTEMBER 6 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens  ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM on Tuesday, August 23, 2016, for consideration of a possible executive session and such other business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Stephens The meeting adjourned at 9:15 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 30 Attachment: August 16, 2016 (4769 : minutes-8/9, 8/16, 8/23) City of Fort Collins Page 86 August 23, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Winkelmann Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, that the Council go into Executive Session for the purpose of meeting with the City’s Attorney, including special legal counsel and management staff, to discuss specific legal questions regarding the City’s Keep Fort Collins Great tax and the Taxpayer’s Bill of Rights, litigation or potential litigation involving the City, and the manner in which particular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state, or local law, as permitted under Section 2-31(a)(2) of the City Code and Colorado Revised Statute Sections 24- 6-402(4)(b). Eric Sutherland questioned what the Council intends to accomplish by going into an Executive Session. He discussed the KFCG tax and ballot question and stated the City owes taxpayers a refund based on the provisions of TABOR. Mayor Troxell stated the City's attorneys have been very forthright in their advice to Council and expressed support for their work and opinions being in the best interest of the city. Councilmember Campana stated TABOR is quite complicated and this Executive Session will be time well spent. RESULT: EXECUTIVE SESSION AUTHORIZED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak (Secretary’s note: At this point in the meeting, Council adjourned into executive session and returned at 8:09 p.m.) Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the Council direct the City Manager and City Attorney to bring forward for Council consideration on Tuesday, August 30, 2016, a resolution setting a ballot title and ballot submission clause regarding the City’s Keep Fort Collins Great sales and use tax and the Taxpayer’s Bill of Rights (TABOR). Councilmember Cunniff stated this will reaffirm what voters have already asked of the City. Councilmember Martinez stated it is clear the City has followed the law. 1.3 Packet Pg. 31 Attachment: August 23, 2016 (4769 : minutes-8/9, 8/16, 8/23) August 23, 2016 City of Fort Collins Page 87 RESULT: MOTION ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak AWAY: Campana  ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM, Tuesday, August 30 , 2016,, for the KFCG sales and use tax issue and to consider any other business that may come before the City Council. RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak AWAY: Campana The meeting adjourned at 8:15 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.3 Packet Pg. 32 Attachment: August 23, 2016 (4769 : minutes-8/9, 8/16, 8/23) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Seonah Kendall, Economic Policy & Project Manager SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 16, 2016 (PDF) 2. Business Assistance Package Employment Verification (PDF) 3. Ordinance No. 098, 2016 (PDF) 2 Packet Pg. 33 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 ATTACHMENT 1 2.1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4761 : SR 098 Avago Rebate) 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. 2.1 Packet Pg. 35 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4761 : SR 098 Avago Rebate) ATTACHMENT 2 2.2 Packet Pg. 36 Attachment: Business Assistance Package Employment Verification (4761 : SR 098 Avago Rebate) 2.2 Packet Pg. 37 Attachment: Business Assistance Package Employment Verification (4761 : SR 098 Avago Rebate) -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. 2.3 Packet Pg. 38 Attachment: Ordinance No. 098, 2016 (4761 : SR 098 Avago Rebate) -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 2.3 Packet Pg. 39 Attachment: Ordinance No. 098, 2016 (4761 : SR 098 Avago Rebate) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Peggy Streeter, Senior Sales Tax Auditor Mike Beckstead, Chief Financial Officer SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on August 16, 2016, appropriates $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 Second Reading. BACKGROUND /DISCUSSION On First Reading, Council requested information concerning business assistance package employment verification. Woodward’s Business Assistance Package stipulates that the employment FTE in Fort Collins reach 1,400 by December 31, 2018. The City has retained 40% of use tax and development fee rebates and will not release withheld amounts until the employment number has been met (no later than December 31, 2020). There is no stipulation on an employment growth plan before YE 2018 within the agreement. Before the release of the 40% use tax and development fee rebates, the Economic Health Office will work with the City’s Sales Tax Office and Woodward to verify employment figures have reached the stipulated employment FTEs. Thus, staff recommends moving forward with the rebates. ATTACHMENTS 1. First Reading Agenda Item Summary, August 16, 2016 (PDF) 2. Ordinance No. 099, 2016 (PDF) 3 Packet Pg. 40 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. ATTACHMENT 1 3.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4762 : SR 099 Woodward rebate) 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. 3.1 Packet Pg. 42 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4762 : SR 099 Woodward rebate) -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. 3.2 Packet Pg. 43 Attachment: Ordinance No. 099, 2016 (4762 : SR 099 Woodward rebate) -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 3.2 Packet Pg. 44 Attachment: Ordinance No. 099, 2016 (4762 : SR 099 Woodward rebate) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on August 16, 2016, authorizes 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (PDF) 2. Ordinance No. 101, 2016 (PDF) 4 Packet Pg. 45 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. ATTACHMENT 1 4.1 Packet Pg. 46 Attachment: First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (4764 : SR 101 Mallard's Nest NA Easement Exchange) 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) 4.1 Packet Pg. 47 Attachment: First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (4764 : SR 101 Mallard's Nest NA Easement Exchange) -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. 4.2 Packet Pg. 48 Attachment: Ordinance No. 101, 2016 (4764 : SR 101 Mallard's Nest NA Easement Exchange) -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 4.2 Packet Pg. 49 Attachment: Ordinance No. 101, 2016 (4764 : SR 101 Mallard's Nest NA Easement Exchange) Packe EXHIBIT B 4.2 Packet Pg. 51 Attachment: Ordinance No. 101, 2016 (4764 : SR 101 Mallard's Nest NA Easement Exchange) 4.2 Packet Pg. 52 Attachment: Ordinance No. 101, 2016 (4764 : SR 101 Mallard's Nest NA Easement Exchange) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Cyril Vidergar, Assistant City Attorney Lisa Rosintoski, Utilities Customer Connections Manager Lance Smith, Strategic Financial Planning Manager Randy Reuscher, Utility Rate Analyst SUBJECT Council Action Postponing Indefinitely 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 postpone indefinitely an Ordinance presented to Council on August 16, 2016, and continued to the September 6, 2016 meeting, regarding a two year pilot Income-Qualified Rate (IQR). An affirmative vote on this item will indefinitely postpone the proposed Ordinance and pilot study until such time as further action on the program is initiated. STAFF RECOMMENDATION Staff recommends action by Council determining whether the proposed Ordinance approving a two-year pilot IQR study should be postponed indefinitely. BACKGROUND / DISCUSSION The IQR was presented to City Council at the June 14, 2016 Work Session and the August 16, 2016 Regular Meeting. City Council continued discussion on the matter until the September 6, 2016 Regular Meeting, and requested additional information as follows:  Recommend specific conservation education and direct measure installation opportunities appropriate for income-qualified customers  Recommend rate participation criteria, resulting in conservation and efficiency outcomes that customers must manage to remain on the IQR  Feasibility of Payment Assistance Fund (PAF) customer solicited donations being used for ongoing assistance, rather than IQR. Based on discussions at the City Leadership Planning Team (LPT) meeting on August 29, 2016, LPT recommended staff postpone pursuing Council approval for the IQR pilot until the Council Finance Committee can evaluate other rate options and provide additional direction on the pilot study. BOARD / COMMISSION RECOMMENDATION Utilities staff presented IQR and received support from the following boards and commissions prior to the August 16, 2016 Council meeting: 5 Packet Pg. 53 Agenda Item 5 Item # 5 Page 2 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 included: 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. ATTACHMENTS 1. Agenda Item Summary, August 16, 2016 (w/o attachments) (PDF) 2. Ordinance No. 104, 2016 (PDF) 5 Packet Pg. 54 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 ATTACHMENT 1 5.1 Packet Pg. 55 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) Page 2 an Income-Qualified Rate. Incorporating IQR will enable Utilities to refine and improve conservation and 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. 5.1 Packet Pg. 56 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) 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 5.1 Packet Pg. 57 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) 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. 5.1 Packet Pg. 58 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) 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. 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. 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. 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 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) 5.1 Packet Pg. 59 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) 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. 5.1 Packet Pg. 60 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) 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) 5.1 Packet Pg. 61 Attachment: Agenda Item Summary, August 16, 2016 (w/o attachments) (4796 : IQR Postponement) -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, 5.2 Packet Pg. 62 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -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 5.2 Packet Pg. 63 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -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 5.2 Packet Pg. 64 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -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). 5.2 Packet Pg. 65 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -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 5.2 Packet Pg. 66 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -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 5.2 Packet Pg. 67 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -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 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 68 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) -8- Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 5.2 Packet Pg. 69 Attachment: Ordinance No. 104, 2016 (4796 : IQR Postponement) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Bob Adams, Recreation Director SUBJECT Items Relating to the Vida Sana Grant. EXECUTIVE SUMMARY A. Resolution 2016-069 Authorizing the City Manager to Execute a Grant Agreement with the Poudre Valley Health Systems Foundation for Delivery of Vida Sana Project Programming. B. First Reading of Ordinance No. 105, 2016, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. The purpose of this item is to approve a Vida Sana sub-grant agreement and appropriate sub-grant funds in the amount of $64,646 from the Colorado Department of Public Health and Environment, through the Poudre Valley Health Systems’ Community Health Improvement Department. The Vida Sana Grant will address the needs of targeted health disparate populations in Fort Collins by allowing specific discounted programming costs for Northside Aztlan Community Center fitness classes, fitness coaching and health screening programs. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading BACKGROUND / DISCUSSION The City of Fort Collins Recreation Department previously received Vida Sana sub-grant funds for discounted recreation programs in the 2013, 2014, and 2015 funding cycles. The Vida Sana Grant will fund salaries to support a program coordinator, program staff, and two exercise coaches. Additional funds will support operating costs, administration of venue and costs for participation of group based scheduled exercise programs at Northside Aztlan Community Center (NACC). The sub-grant Agreement/Memorandum of Understanding outlines the provisions for which the grant was awarded. The Agreement requires appropriate reporting and a commitment to fulfill the purposes of the underlying Colorado Department of Public Health and Environment grant awarded to PVHS, and additional sub-grant terms and conditions. The Agreement will guide Recreation Department staff through June 30, 2017 to successfully fulfill all aspects of the grant requirements. The proposed Ordinance appropriates the sub-grant funds in the amount of $64,646 to be expended in support of the Vida Sana programming goals of improving community access to healthy lifestyle counseling and programming, as further described in the sub-grant Agreement. 6 Packet Pg. 70 Agenda Item 6 Item # 6 Page 2 CITY FINANCIAL IMPACTS $64,646 total funded to support the program based on following data: $43,413 salaries to support program coordinator, program staff, and exercise coaches. $21,233 operating costs, administration of venue, and costs for participation of group based scheduled exercise programs at NACC. 6 Packet Pg. 71 -1- RESOLUTION 2016-069 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE POUDRE VALLEY HEALTH SYSTEMS FOUNDATION FOR DELIVERY OF VIDA SANA PROJECT PROGRAMMING WHEREAS, Poudre Valley Health System (PVHS), through its Community Health Improvement Department, has received a grant from the Colorado Department of Public Health and Environment Office of Health Equities to fund the Vida Sana program; and WHEREAS, the City of Fort Collins Recreation Department has received a Vida Sana program sub-grant from the Poudre Valley Health System Foundation (PVHSF) as fiscal administrator for the PHVS grant award, to eliminate racial and ethnic health disparities among community members regarding access to healthy lifestyle counseling and programs; and WHEREAS, the grant totals $64,646, and will fund salaries for a program coordinator, program staff and two exercise coaches, who will engage participants through the City's Northside Aztlan Community Center; and WHEREAS, in order to receive the grant funds, the City must enter into a grant agreement with PVHS, through PVHSF; and WHEREAS, the City is authorized to enter into intergovernmental agreements, including grant agreements, to provide any function, service or facility, under Article II, Section 16 of the Charter for the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the Grant Agreement, attached hereto as Exhibit “A”, requires the City to offer specific programming through June 30, 2017; to make certain reports for the Colorado Department of Public Health and Environment; and commit to developing and evolving appropriate programming for members of the target populations; and WHEREAS, the City previously entered into agreements with PVHSF to fund Vida Sana programming at the Northside Aztlan Community Center in 2013, 2014 and 2015; and WHEREAS, City staff recommends the City Council approve the 2016-17 Grant Agreement as described herein. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF FORT COLLINS, that the City Manager is hereby authorized to enter into the Grant Agreement with the Poudre Valley Health Systems, through Poudre Valley Health Systems Foundation as fiscal administrator, in substantially the form of agreement attached hereto as Exhibit “A”, and that the terms of the Grant Agreement are approved together with such other 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. Packet Pg. 72 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 73 EXHIBIT A 1 Packet Pg. 74 Attachment: Exhibit A (4741 : Vida Sana Grant-RESO) 1 Packet Pg. 75 Attachment: Exhibit A (4741 : Vida Sana Grant-RESO) 1 Packet Pg. 76 Attachment: Exhibit A (4741 : Vida Sana Grant-RESO) 1 Packet Pg. 77 Attachment: Exhibit A (4741 : Vida Sana Grant-RESO) 1 Packet Pg. 78 Attachment: Exhibit A (4741 : Vida Sana Grant-RESO) 1 Packet Pg. 79 Attachment: Exhibit A (4741 : Vida Sana Grant-RESO) -1- ORDINANCE NO. 105, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE RECREATION FUND FOR THE VIDA SANA PROGRAM WHEREAS, Poudre Valley Health System (“PVHS”), through its Community Health Improvement Department, has received a grant from the Colorado Department of Public Health and Environment Office of Health Equities for the grant period beginning July 1, 2016 through June 30, 2017 to fund the Vida Sana program; and WHEREAS, the City of Fort Collins Recreation Department has received a Vida Sana program sub-grant from the Poudre Valley Health System Foundation (“PVHSF”) as fiscal administrator for the PHVS grant award; and WHEREAS, the Vida Sana Grant will focus on targeted health disparate populations within Fort Collins to address health disparities by allowing community members to participate in discounted healthy lifestyle counseling and programs; and WHEREAS, the grant totals $64,646, and will fund salaries for a program coordinator, program staff and two exercise coaches, who will engage participants through the City's Northside Aztlan Community Center; and WHEREAS, Resolution 2016-069 authorizing the grant agreement was approved by the City Council on September 6, 2016; 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 have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Recreation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Recreation Fund the sum of SIXTY FOUR THOUSAND SIX HUNDRED Packet Pg. 80 -2- FORTY SIX DOLLARS ($64,646) for the Vida Sana program to eliminate health disparities among community members regarding access to healthy lifestyle counseling and programming. Introduced, considered favorably on first reading, and ordered published this 6th day of September A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 81 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Bob Adams, Recreation Director Ken Mannon, Operations Services Director SUBJECT First Reading of Ordinance No. 106, 2016 Appropriating Prior Year Reserves in the Recreation Fund for Therapy Pool Repair and Tile Replacement at the Edora Pool Ice Center 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 $600,000 in recreation reserve funds for the Edora Pool Ice Center (EPIC) therapy pool repair and tile replacement. The funds will be used to repair the water leaks discovered in the therapy pool and replace the tile on the natatorium (pool) deck to match the tile throughout the area. This appropriation includes a $6,000 contribution to the APP program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The EPIC facility will be celebrating 30 years of operation in 2016 and is starting to show its age. It has been the most heavily used facility in the Recreation Department for many years, and last year hosted over 400,000 participants using ice and aquatic facilities.  In 2011, EPIC experienced chloramine issues.  In 2012, EPIC hired Ohlson Lavoie to complete a full Natatorium Assessment.  In 2013, Operation Services improved some of the air handling issues using major maintenance funding.  In 2014, BFO offers were developed to replace the bulkhead and to improve the pump room to meet standard turnover rates. o The Council funded this project of $2,081,000 for the 2016 budget year. o In addition, the Council has funded the EPIC Lobby Renovations through $410,819.70 in recreation reserve funds.  During the renovation process, leaks were discovered in the gutter drain and the jets for the therapy pool. The age of the pool shell has caused water to penetrate both the tile and concrete shell and has affected the rebar in the pool shell. At this time the therapy pool will not open when the EPIC pool renovation is complete. The Therapy Pool will remain closed until funding is identified. The funding to repair the leaks of therapy pool is $353,000.  The tile work being completed with the pool renovation is only addressing the first 3 feet around the pool area on the north and east sides of the pool and in small areas on the south and west sides of the pool to account for drainage. The project team has identified the closest match to the dark blue, light blue, and white existing tile. However, there will be a noticeable difference. The team recommends funding an additional $247,000 to remove the remaining tiles and replace with new matching tile. This will also require abatement of the existing dark blue tile which contains a lead coating. 7 Packet Pg. 82 Agenda Item 7 Item # 7 Page 2 The therapy pool construction and pool deck tile schedule could not be complete during the current renovation schedule. However, the natatorium will be opened to the public as the City completes the therapy pool repairs. This project involves construction estimated to cost more than $250,000 and, pursuant to Sec. 23-203 of the City Code, a portion of the appropriated project funds must be set aside for the City’s Art in Public Places (APP) program. To comply with the APP ordinance, one percent of the project funds appropriated by the proposed Ordinance (totaling $6,000) will be transferred to the Cultural Services and Facilities Fund, to be divided therein pursuant to Sec. 23-203 for art acquisition and maintenance expenses. CITY FINANCIAL IMPACTS This Ordinance provides $600,000 in Recreation Reserve funds for the benefit of the EPIC pool renovation, and includes $6,000 in contributions to the APP program. A funding summary of the project is provided below. Total appropriated through 2016 Budget $2,081,000 Total appropriated from Recreation Fund Reserves for Lobby Renovations $ 410,819 Total to-date funding $2,491,819 Therapy Pool repairs $ 350,000 Deck tile replacement $ 244,000 Art in Public Places project contribution $ 4,680 Art in Public Places maintenance contribution $ 1,320 Total additional funding requested $ 600,000 ATTACHMENTS 1. Staff memo, August 25, 2016 (PDF) 7 Packet Pg. 83 ATTACHMENT 1 7.1 Packet Pg. 84 Attachment: Staff memo, August 25, 2016 (4778 : EPIC Therapy Pool and Tile Project) 7.1 Packet Pg. 85 Attachment: Staff memo, August 25, 2016 (4778 : EPIC Therapy Pool and Tile Project) -1- ORDINANCE NO. 106, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE RECREATION FUND FOR THERAPY POOL REPAIR AND TILE REPLACEMENT AT THE EDORA POOL ICE CENTER AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City is the owner of the property known as the Edora Pool Ice Center (“EPIC”); and WHEREAS, the EPIC facility is celebrating 30 years of operation in 2016 and has been the most heavily used facility in the Recreation Department averaging over 400,000 participants annually; and WHEREAS, the City Council has funded improvements for replacing bulkheads, improving pump room operations, and remodeling the EPIC lobby in 2016; and WHEREAS, staff has identified a need to appropriate $600,000 for the repair of water leaks located in the therapy pool that were discovered during the pool renovation process and the replacement of the tile on the natatorium (pool) deck to match the tile throughout the area; and WHEREAS, this project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. 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 prior year reserves in the Recreation Fund the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000) for Packet Pg. 86 -2- expenditure in the Recreation Fund for the repair of water leaks located in the therapy pool and replacement of tile on the natatorium (pool) deck. Section 3. That the unexpended appropriated amount of FOUR THOUSAND SIX HUNDRED EIGHTY DOLLARS ($4,680) in the Recreation Fund 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 ONE THOUSAND THREE HUNDRED TWENTY DOLLARS ($1,320) in the Recreation Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 87 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Pete Wray, Senior City Planner SUBJECT Items Relating to Proposed Design Standards for the I-25/SH 392 Interchange Corridor Activity Center Area. EXECUTIVE SUMMARY A. Resolution 2016-070 Recommending to the Town Board of Windsor Approval of the Proposed Changes to the Corridor Activity Center Design Standards. B. First Reading of Ordinance No. 107, 2016, Amending Article 3, Division 3.9.12 of the Land Use Code Regarding Corridor Activity Center Design Standards. The purpose of this item is to forward a recommendation to the Windsor Town Board on proposed Corridor Activity Center (CAC) Design Standards for Windsor, east of I-25, and amend to the Land Use Code for proposed changes related to design standards, specifically for the Fort Collins CAC area located west of I-25. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the City and the Town of Windsor entered into the Intergovernmental Agreement Pertaining to the Development of the Interstate I25/State Highway 392 Interchange (the IGA). The IGA was subsequently amended in 2012 and 2013. As part of the IGA, both the City and Windsor adopted design standards applicable to development within their respective portions of the CAC. The City and Windsor now wish to amend the previously adopted CAC design standards. This agenda item includes two parts: (1) a Council resolution providing a recommendation to the Town of Windsor regarding its proposed design standard changes applicable to Windsor’s portion of the CAC (Exhibit A to Resolution 2016-070), and (2) an ordinance to codify the proposed design standard changes applicable to the City’s portion of the CAC. Staff has been tasked with revising its land development standards for the CAC in order to more closely align with the new standards that have been proposed by Windsor. While the standards contained in the Land Use Codes for both jurisdictions are not identical, the proposed standards more closely match, so that both sides of the Interstate Highway will develop in an equal fashion over time. In 2010, recognizing that the I-25/392 Interchange is an important gateway feature for Fort Collins and Windsor, a Corridor Activity Center (CAC) overlay zone district was created. The CAC area is defined to include zoning boundaries within the immediate area surrounding the Interchange (Attachment 1). The CAC established land use and gateway design standards to complement and enhance the implementation of the Northern Colorado Regional Communities I-25 Corridor Plan (Regional Plan), with the District added to the Land Use Codes of each community. As part of the Intergovernmental Agreement between the City and the Town, both Land Use Codes were amended in order to implement the vision and establish a new list of 8 Packet Pg. 88 Agenda Item 8 Item # 8 Page 2 permitted land uses, and establish design standards for this joint planning area. Since the completion of the I- 25/SH 392 Interchange project, the Town of Windsor and City of Fort Collins have continued to coordinate development activity within the CAC area. In an effort to ensure high quality site, landscape and building design, the Town and City are considering the adoption of additional standards for future development within the CAC. The proposed revision to portions of Fort Collins Land Use Code, Section 3.9, is to be more consistent with the proposed revisions as offered by the Town of Windsor. Windsor intends to adopt changes to its CAC design standards concurrent with the City’s adoption of the proposed changes to its CAC design standards. The IGA requires that changes to the CAC design standards be accomplished by written agreement between the City and Windsor. In addition to making a recommendation to the Windsor Town Board on the proposed CAC design standard changes, the Council resolution includes language authorizing the City Manager to sign an amendment to the IGA memorializing the CAC design standard changes made by both the City and Windsor. CITY FINANCIAL IMPACTS There are no recognized direct financial impacts from the proposed new design standards for the Fort Collins side of the CAC area. The proposed new landscape standards require some additional design and landscape planting materials for a potential new development project in the CAC area by the developer. BOARD / COMMISSION RECOMMENDATION On May 12, 2016, the Planning and Zoning Board voted (6-0, Boardmember Hobbs absent) on its consent agenda to recommend that City Council approve the proposed design standards for the Fort Collins CAC area. On August 11, 2016 the Planning and Zoning Board voted (6-0, Boardmember Carpenter absent) on its consent agenda to recommend that City Council approve the proposed design standards for the Windsor CAC area. PUBLIC OUTREACH The Town of Windsor and City of Fort Collins hosted the following joint meetings as part of the process to consider potential amendments to the I-25 SH 392 IGA: 2015: 11/25/15 Joint Elected Officials meeting 12/7/15 Joint staff meeting 2016: 1/21/16 Open House Meeting in Windsor 4/1/16 Windsor Town Board Work Session 4/11/16 Windsor Town Board Meeting 5/10/16 Fort Collins Council Work Session ATTACHMENTS 1. I-25/392 CAC map (PDF) 8 Packet Pg. 89 State Highway 392 E County Road 30 S County Road 5 !"`$ ôZYXW 2.8 39.2 23.9 10.4 10 29.7 8.7 11.4 7.3 22.9 17.8 6.7 24.3 58.4 35.7 40.8 0.9 30.4 18.2 25.6 21.5 2.9 15 31.7 1.7 I25 - State HWY 392 Interchange Corridor Activity Center Community Activity Center Windsor GMA Fort Collins GMA Wetlands Commercial Employment 0 0.125 0.25 0.5 Miles I City of Fort Collins Gross Acres: 136.2 Town of Windsor Gross Acres: 361.8 Updated: 07/28/2016 ATTACHMENT 1 8.1 Packet Pg. 90 Attachment: I-25/392 CAC map (4756 : I-25/SH 392 Design Standards) -1- RESOLUTION 2016-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS RECOMMENDING TO THE TOWN BOARD OF WINDSOR APPROVAL OF THE PROPOSED CHANGES TO THE CORRIDOR ACTIVITY CENTER DESIGN STANDARDS WHEREAS, on January 3, 2011, the City and the Town of Windsor (the “Town”) entered into an Intergovernmental Agreement (the “IGA”) setting forth certain understandings between the City and Town regarding development of the Interstate 25/State Highway 392 Interchange; and WHEREAS, the IGA was subsequently amended in 2012 and 2013; and WHEREAS, Section 3.2 of the IGA as amended in 2012 states that the City and the Town adopted standards and guidelines for the development of properties within the Corridor Activity Center (the “CAC Design Standards”) and that such standards shall remain in full force and effect for a term of twenty-five years unless changes are approved by written agreement; and WHEREAS, the City and the Town wish to codify amendments to their respective CAC design standards in order to further facilitate high quality, compatible development within the CAC; and WHEREAS, on this date, the City Council is considering, on First Reading, Ordinance No. 107, 2016, codifying amendments to the Fort Collins Land Use Code to modify the City’s CAC Design Standards; and WHEREAS, the Town has submitted its proposed changes to the CAC design standards to the City for review and such proposed changes are attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, on May 12, 2016, the Fort Collins Planning and Zoning Board approved a recommendation to Council to approve the Town’s proposed CAC design standard changes; and WHEREAS, the Council finds that the Town’s proposed CAC design standard changes are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves of the Town’s proposed CAC design standards attached hereto as Exhibit “A” and recommends that the Town codify such design standards. Section 3. That the City Council hereby authorizes the Mayor to execute an amendment to the IGA reflecting the written agreement of the parties to the respective changes to the CAC Packet Pg. 91 -2- design standards codified by the City and the Town, with such IGA amendment being in a form that 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 at a regular meeting of the Council of the City of Fort Collins this 6th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 92 1 7/27/16 CAC Enhanced Design Standards Definitions ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴  Front Façade I-25 Landscape Buffer Any side of building with the primary entrance. A Front Façade may also be a Primary Façade. An area of no less than eighty (80) feet, measured from the Interstate 25 right- of-way’s outer boundary. Parking Lot All areas used for the parking of vehicles for customers, employees, and visitors, and fleet or business vehicles. In the case of Automobile Dealerships, Parking Lot shall not mean Vehicle Inventory Lots. Primary Façade Street-like Private Drive Any side of building facing toward a public or Street-like Private Drive. A Front Façade may also be a Primary Façade. Any privately-owned and maintained roadway intended for public use. General Purpose: The intent of these standards is to provide the tools for creating an improved quality of appearance and more integrated mix of land uses for the Windsor Corridor Activity Center (CAC). These standards apply to all development applications within the CAC other than single-family residential development and public parks or open space. These standards supplement all of the Town’s adopted design standards and, to the extent that the Town’s adopted standards conflict with these standards, these standards shall apply. Site Design: To the maximum extent feasible, larger sites containing multiple buildings and uses shall be composed of a series of urban-scale blocks of development defined and formed by public streets or Street-like Private Drives that provide links to nearby streets along the perimeter of the site. 1. In addition to a network of streets and drives, blocks shall be connected by a system of parallel tree-lined sidewalks that adjoin the streets and drives which, when combined with off-street connecting walkways, enables a fully integrated and continuous pedestrian network. EXHIBIT A 1 Packet Pg. 93 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 2 7/27/16 2. To the maximum extent feasible, remote or independent pad sites, disconnected from the pedestrian sidewalk network and shared parking facilities, shall be minimized. Buildings shall be directly connected to the pedestrian sidewalk network. All parking areas shall be interconnected to provide shared parking opportunities. Landscaping: Landscaping shall be incorporated around service areas, building entrances and throughout parking areas, vehicular and pedestrian circulation areas. All landscaping shall be in accordance with the Town of Windsor Tree and Landscape Standards, as amended, updated or replaced. The intent of these standards is to enhance the Tree and Landscape Standards in the CAC to ensure a high-quality appearance within the CAC. 1. Site landscaping shall be twenty percent (20%) or greater, excluding the I-25 Buffer, and any applicable Buffer Yards as set forth below. 2. Landscape designs shall strive to incorporate xeric principles. 3. Berms and walls may also be incorporated as an element for screening. 4. I-25 Landscape Buffer. Landscaping adjacent to Interstate 25 shall be provided in accordance with the following: A. Landscaping within the I-25 Landscape Buffer shall be planted predominantly with drought-tolerant grasses, interspersed with bands of shrubs and trees. B. A minimum of two (2) evergreen trees, two (2) shade trees, and four (4) shrubs per one- hundred (100) lineal feet of frontage shall be provided. C. Fences, screen walls, and Parking Lots are not allowed within the I-25 Landscape Buffer. Retaining walls should be minimized to the greatest extent possible, and shall not exceed four feet (4’) in height. D. Parking Lots, loading and service areas shall be significantly buffered from I-25 primarily by the use of naturalistic berms and landscaping. Berm heights shall primarily be designed to provide significant buffering of Parking Lots, loading and service areas, yet allowing for some visibility of buildings and providing visual interest along I-25. E. Berms shall comply with the following: 1. Berms shall range in height from three (3) to seven (7) feet in height, dependent on the proposed finished grade of the adjacent Parking Lot, loading or service area in relation to the adjacent interstate grade. If I-25 is elevated in comparison to the grade at the edge of the proposed development, berms should be higher to achieve the same buffering effect. 2. Berms shall create a naturalistic appearance raising, lowering, and/or overlapping, to provide adequate buffering. 3. The slope of berms shall generally be no steeper than a ratio of 4:1 to allow for a naturalistic, park-like appearance, and allow for mowing. 4. Berms shall be located along the easternmost portion of the I-25 Landscape Buffer, while still allowing for a meandering appearance of the berms. 1 Packet Pg. 94 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 3 7/27/16 5. Berms shall be predominately planted with drought-tolerant grasses, interspersed with shrubs and trees. 6. When berms are intended to provide significant screening of parking, loading and service areas, calling for berms greater than five feet in height, the berms and surrounding areas shall primarily be planted with drought-tolerant grasses interspersed with shrubs and a mix of shade, ornamental, evergreen trees. On average, such screening areas shall be planted with a minimum of four (4) trees and four (4) shrubs per one-hundred (100) lineal feet, requiring a minimum of 50% evergreen trees. Significant buffering of Parking Lots, loading and service areas shall be provided while allowing for some visibility of buildings. 7. When berms are intended to provide lower amounts of screening of Parking Lots, loading and service areas, calling for berms five feet or less in height, the berms and surrounding areas shall be planted with a higher-density mix of shade, evergreen and ornamental trees, in addition to drought-tolerant grasses and shrubs. On average, such areas shall be planted with a minimum of eight (8) trees and eight (8) shrubs per one-hundred (100) lineal feet, requiring a minimum of 50% evergreen trees. Significant buffering of Parking Lots, loading and service areas shall be provided while allowing for some visibility of buildings. 8. The Site Plan development review process submittals shall illustrate screening and view opportunities, including representative cross-sections and key views from adjacent streets. 5. Parking Lot Screening A. The perimeter of all Parking Lots shall be screened from public streets, Street-like Private Drives, public open space, and adjacent properties by at least one of the following methods for the entire perimeter length: 1. A berm three (3) feet high with a maximum slope of 3:1 in combination with evergreen and deciduous trees and shrubs. 2. A hedge at least three (3) feet high, consisting of a double row of shrubs planted 3-feet to 5-feet on center, depending on the species, in a triangular pattern. 3. A decorative fence or wall made of masonry or other high quality material between three (3) and four (4) feet high in combination with landscaping. B. In addition to the above screening, the following landscaping is required: 1. Trees shall be provided at a ratio of two (2) evergreen, one (1) ornamental tree, one (1) shade tree, and four (4) shrubs per one-hundred (100) lineal feet along a public street or Street-like Private Drive. 2. Trees may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall planting patterns and organization. Perimeter landscaping along a street may be located in and should be integrated with the streetscape in the street right-of-way. 1 Packet Pg. 95 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 4 7/27/16 6. Parking Lot Landscaping: 1. In addition to landscape island requirements, large surface Parking Lots be visually and functionally segmented into smaller sections by landscape areas or islands. Each section shall contain a maximum of two hundred (200) parking spaces. The perimeter of each module shall be landscaped with a ten foot (10’) wide buffer landscaped with shrubs and trees, including one tree every forty feet (40’). Each section shall contain a maximum of two hundred (200) parking spaces. 2. Landscape medians and/or islands should strive to incorporate bio swales and/or raingardens throughout a site to manage runoff. 7. Buffer Yards A. Applicability. These standards apply to all development applications within the CAC other than proposed single-family residential development and public parks or open space. B. Purpose. The purpose of this Section is to provide standards to separate proposed non- residential development from existing single-family residential uses, in order to eliminate, mitigate or minimize potential nuisances. C. Buffer standards. Buffer yards shall be located on the outer perimeter of a lot or parcel proposed for non-residential development abutting single-family detached uses. D. Only those structures used for buffering and/or screening purposes shall be located within a buffer yard. The buffer yard shall not include any paved area, except for pedestrian sidewalks or paths. Fencing and/or walls used for buffer yard purposes shall be solid, with at least seventy-five (75) percent opacity. E. Buffer yard widths are established in the chart below and specify deciduous or coniferous plants required per one hundred (100) linear feet along the affected property line, on an average basis. Plants per 100 linear feet along affected property line Buffer Width Plant Multiplier Shade Trees Ornamental Trees Evergreen Trees Large Shrubs 40 1.00 4 4 3 25 50 .90 3.6 3.6 2.7 22.5 60 .80 3.2 3.2 2.4 20.0 F. Credit for berm. The required plant units may be reduced by 50% if a landscaped berm is provided with a minimum height of 5 feet. 8. Other landscape areas. Landscape areas outside of the I-25 Landscape Buffer, Parking Lot Screening and Buffer Yards shall consist of at least one (1) tree and five (5) shrubs for every 750 square feet of landscaped area. 1 Packet Pg. 96 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 5 7/27/16 Parking: 1. Applicability. These standards apply to all Parking Lots within the CAC associated with commercial, industrial, or multifamily development. 2. Purpose. The purpose of this Section is to provide standards to enhance the physical appearance of development within the CAC by ensuring Parking Lots are designed to maintain and enhance the quality of commercial development, manage storm water runoff, reduce heat island effects, and promote a pedestrian friendly and safe environment. 3. Standards. Parking Lots shall be located away from the Front Facade of a building to the maximum extent feasible. Such Parking Lots, if located between the Front Façade of the building and the adjacent public or Street-like Private Drive, shall be limited to no more than a single drive aisle with a single row of parking on each side. When this layout does not provide adequate parking, additional parking shall be located on sides of a building that are not a Front Façade. 4. Parking Lots containing more than one (1) drive aisle shall include walkways that are located in places that are logical, safe and convenient for pedestrians. Building Design and Orientation: The purpose of this Section is to provide standards to enhance the physical appearance of development within the CAC. The intent is not to limit creativity or innovation in architectural design. Applicants proposing architecture that does not comply with the following standards are encouraged to seek alternative compliance. Orientation: 1. Primary Facades shall face an adjacent public or Street-like Private Drive. 2. For buildings with more than one Primary Facade, facades visible from each street shall incorporate high-quality architectural materials, architectural elements and building appearance equivalent to that of the Front Facade. 3. Building details, landscaping and berming shall be combined to create a level of visual interest equivalent to that of the Front Façade for all Primary Facades on the building. 4. Service areas, loading docks, outdoor storage and mechanical equipment shall not face a public or Street-like Private Drive unless completely screened from view from all adjacent roadways and properties with combined architectural and landscape materials that complement the building. 5. To the maximum extent feasible, buildings shall be oriented to preserve intermittent views to the west. Form/Façade Treatment: 1. All sides of buildings shall be of high-quality architecture and building materials. 1 Packet Pg. 97 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 6 7/27/16 2. Building sides facing a public street or Street-like Private Drive shall incorporate high-quality architectural materials, architectural elements and building appearance equivalent to that of the building front. 3. Entrances shall be clearly defined by architectural elements. 4. Facades shall incorporate a minimum of three (3) of the following architectural elements to emphasize building entries, doorways, walkways and window openings. (a) Canopies or awnings over at least thirty percent (30%) of the openings of the building; or (b) Covered walkways, porticos and/or arcades covering at least thirty percent (30%) of the horizontal length of the front facade; or (c) Projecting trim, ledges or similar architectural accent features between two (2) inches and six (6) inches in width around all windows and doorways; or (d) Raised cornice parapets over entries; or (e) Some other architectural feature or treatment which adds definition to the building openings, walkways or entrances. 5. Ground floor facades that face streets or public walkways must be modulated with features such as windows, entrances, arcades, porches, pilasters, arbors, awnings, recessed or projecting display windows along no less than 75% of the length of the façade. 6. Openings or architectural elements simulating fenestration-like features shall occupy at least twenty percent (20%) of the wall surface area of the first floor of the primary facade and walls adjacent to public rights-of-way, or visible from adjacent properties. 7. No single wall plane shall exceed 30 feet horizontal length or vertical height. 8. Wall planes shall include varying building articulation with a minimum of three feet in projection or depth from an adjacent wall plane. 9. Wall planes shall include a variety of building materials, not to exceed 75 percent of one material. 10. Facades greater than 100 feet in length shall provide a varying roofline. 11. All roof-top equipment shall be fully screened from view of adjacent roadways and properties. Roof Form: Buildings Less than 10,000 sq.ft. Roofs on primary structures with a floor plate less than 10,000 sq.ft. shall be pitched with a minimum slope of at least 5:12 or provide the appearance of 5:12 pitch through the use of a modified mansard roof. At least one of the following elements shall be incorporated into the design for each 50 lineal feet of roof: 1. Projecting gables 2. Hips 3. Horizontal/vertical breaks Three or more roof slope planes shall be incorporated into a design. 1 Packet Pg. 98 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 7 7/27/16 Buildings Larger than 10,000 sq.ft. Roofs on structures with a floorplate of greater than 10,000 sq.ft. shall have no less than two of the following features: 1. Parapet walls featuring three-dimensional cornice treatment that at no point exceed one-third of the height of the supporting wall. 2. Overhanging eaves, extending no less than 3 feet past the supporting walls. 3. Sloping roofs not exceeding the average height of the supporting walls, with an average slope greater than or equal to 1 foot of vertical rise for every 1 foot of horizontal run. 4. Three or more roof slope planes. Compatibility: Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Compatibility does not mean "identical". Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. To the extent feasible, conditions may be imposed upon approval of a development project in or adjacent to an existing developed neighborhood to achieve compatibility in connection with: 1) a complementary or new high-quality standard of architectural character for the neighborhood, including building materials and colors which complement or create an enhanced architectural standard for the area; 2) softening a building’s mass and scale through building articulation, subdivision of building mass, and sensitive orientation of a building on the site; 3) creating opportunities for privacy of abutting land uses; and 4) limitations on outdoor storage areas, mechanical equipment, loading and unloading. Lighting: In addition to compliance with Windsor Municipal Code §16-10-100, the following lighting standards shall apply: A. In no event shall lighting negatively affect the safe passage of traffic on public roadways adjacent to or in proximity of the site. B. Exterior building lighting and display lighting shall include fixtures with a dimming interface. C. Light poles within 100 feet of a residential use or residentially-zoned property shall not exceed 20 feet in height. D. Outdoor lighting shall be limited to a maximum of one thousand (1000) candela per square meter (nits). 1 Packet Pg. 99 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) 8 7/27/16 E. Outdoor lighting shall be L.E.D. (light emitting diode) “Dark Sky” compliant, per the International Dark Sky Association requirements for reducing light pollution and minimizing glare, sky glow, spill light and obtrusive light. F. Light bulbs shall be soft-white or warm-white hues. G. A photometric plan illustrating compliance shall be submitted. Lighting Time Limitations Parking Lot lighting shall require fixtures with a dimming interface. Lighting in and surrounding such parking shall be reduced within one hour after business closing to a level sufficient for security purposes only. All exterior illumination shall be reduced to levels sufficient for security purposes only after 10:00 p.m. Shielding All light fixtures required to be fully shielded shall be installed to satisfy the following: 1. All outside light fixtures, including building-mounted lighting shall be fully shielded and be aimed so that the direct illumination shall be confined to the property boundaries of the source. 2. All light fixtures used on open parking garages, including those mounted to the ceilings over the parking decks, shall be fully shielded. Certification Outdoor lighting shall be designed and certified by an engineer as conforming to all applicable restrictions of these Standards before construction commences. Further, the system shall be certified by a registered engineer following installation to verify that the installation is consistent with the certified design. Outdoor Display: Outdoor display of merchandise for sale or lease is not allowed unless specifically depicted on an approved site plan. 1 Packet Pg. 100 Attachment: Exhibit A (4784 : I25/SH392 Design Standards RESO) -1- ORDINANCE NO. 107, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE 3, DIVISION 3.9.12 OF THE LAND USE CODE REGARDING CORRIDOR ACTIVITY CENTER DESIGN STANDARDS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, since the time of adoption, the Land Use Code has been regularly amended not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, on January 3, 2011, the City and the Town of Windsor entered into an Intergovernmental Agreement (the “IGA”) regarding development of the Interstate 25/State Highway 392 Interchange and such IGA was subsequently amended in 2012 and 2013; and WHEREAS, pursuant to the IGA, the City and the Town of Windsor adopted design standards for the development of properties within the Corridor Activity Center (the “CAC”); and WHEREAS, the City and the Town of Windsor wish to make coordinated changes to their respective CAC design standards to further facilitate high quality, compatible development within the CAC; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.9.4(B) of the Land Use Code is hereby amended to read as follows: 3.9.4 - Landscaping Standards . . . (B) Site Perimeter Landscaping Abutting the I-25 Right-of-Way. (1) Buffers abutting I-25. Developments with a site perimeter which is adjoining the I-25 right-of-way shall provide a landscaped buffer of at least eighty (80) feet between the building or parking lot edge and the I-25 right-of-way. The buffer Packet Pg. 101 -2- shall consist of informal clusters of deciduous and evergreen trees and shrubs planted in an offset pattern and shall consist of one (1) tree and ten (10) shrubs per twenty-five (25) lineal feet of frontage. (2) Berms. Berms greater than three (3) feet in height shall not be permitted adjoining the I-25 right-of-way if they block long-range views of mountains and open lands for motorists on I-25 (not including motorists on frontage roads or ramps). Notwithstanding this limitation, additional berm height may be required to screen the following areas visible to motorists on I-25: parking lots, drive-thru lanes, and service areas, including but not limited to, loading areas, service entrances, and trash and recycling enclosures. (3) Parking and Service Areas. When berms screening parking and service areas are less than five feet in height, berms and surrounding landscape areas shall be planted with a minimum of eight (8) trees and eight (8) shrubs per one-hundred (100) lineal feet. A minimum of 50% of the required trees shall be evergreens. (4) Additional Screening Elements. In conjunction with the buffering, landscaping and berms, additional elements allowed within the 80-foot buffer may include screen walls in accordance with the provisions of Section 3.9.8(A) (B) and (C). Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 102 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director Tawnya Ernst, Real Estate Specialist III SUBJECT Items Relating to Horsetooth Foothills Land Conservation Project. EXECUTIVE SUMMARY A. Resolution 2016-071 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County for the Horsetooth Foothills Land Conservation Project. B. First Reading of Ordinance No. 108, 2016, Authorizing the Conveyance of a Conservation Easement to Larimer County on Property to be Acquired by the City as Part of the Horsetooth Foothills Land Conservation Project. The purpose of this item is to seek City Council authorization to enter into an Intergovernmental Agreement (IGA) with Larimer County for the Horsetooth Foothills Land Conservation Project. The Project will conserve about 2,726 acres in the foothills south and west of Fort Collins. Ordinance No. 108, 2016 will authorize the conveyance of a conservation easement on 500 acres to Larimer County as required by Great Outdoors Colorado. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Larimer County and the City have identified the foothills west of Fort Collins as a conservation priority and have partnered multiple times to conserve land in this area. The City’s Natural Areas Master Plan identifies the foothills west of Fort Collins as a key conservation priority. The area supports prime wildlife habitat and public access for outdoor recreation. Over the past two years, Larimer County Open Lands and/or Fort Collins Natural Areas have worked with four landowners who are interested in conveying their properties for conservation. Altogether about 2,726 acres of land (on four separate properties) could be added to the existing complex of 5,700 acres of public and private conserved lands south and west of Horsetooth Reservoir. The partnership between the County and City leverages the staff and funding resources necessary to acquire the properties. In addition to City and County resources, the partners applied to Great Outdoors Colorado (GOCO) for two grants. Larimer County submitted the grant applications on behalf of the partners. In 2015, the project was awarded a $1 million GOCO grant to help cover approximately $3 million in conservation costs to acquire 359 acres. The remaining costs of this fee acquisition will be split between the partners, with the County contributing approximately $1.25 million and the City $750,000. In 2016, the project was awarded a $4 million GOCO grant to help cover the approximately $9 million in conservation costs to conserve an additional 993 acres in Fee and 1,374 acres in Conservation Easements (CE). The remaining $5 million in costs will be split by the County and City approximately 50/50. 9 Packet Pg. 103 Agenda Item 9 Item # 9 Page 2 The County is the lead on three property negotiations and the City is the lead on one. GOCO requires that a conservation easement be placed upon all lands purchased in fee and the conservation easement must be held by a third party. The County will own and manage three properties totaling 852 acres and the City will hold the conservation easements. The City will own and manage one 500-acre property and the County will hold the GOCO-required conservation easement. The County will hold conservation easements on two additional properties totaling 1,076 acres and the City will hold conservation easements on two additional parcels totaling 308 acres. The attached Vicinity Map (Attachment 1) shows the general location of the four properties; the exact locations of the properties and the names of the property owners are not shown as the negotiations are still underway. CITY FINANCIAL IMPACTS The total cost to conserve the four properties as described is estimated at $12 million; which will be approximately split: GOCO $5 million, County $3.7 million, and City $3.3 million. The total area conserved will be 2,726 acres (1,352 acres in Fee and 1,374 acres in CE). BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board recommended unanimously that City Council approve the IGA with Larimer County to implement the Horsetooth Foothills Land Conservation Project. The Board stated this is exactly the kind of partnership that the City, County and GOCO should engage in for future land conservation. PUBLIC OUTREACH Natural Areas Department updated the Natural Areas Master Plan in 2014 after two years of public input. The Master Plan identifies foothills land conservation as a very high priority. ATTACHMENTS 1. Vicinity Map (PDF) 2. Land Conservation & Stewardship Board minutes, August 10, 2016 (PDF) 9 Packet Pg. 104 RED MEA NATUR PRAIRIE RIDGE NATURAL AREA DEVIL'S BACKBONE OPEN SPACE PINERIDGE NATURAL AREA MAXWELL NATURAL AREA HORSETOOTH RESERVOIR AREA LORY STATE PARK TANGLEWOOD NATURAL ARE CATHY FROMME PRAIRIE NATURAL AREA LARIMER COUNTY LANDFILL FORMER FRA (CATHY FR PRAIRIE BOBCAT RIDGE NATURAL AREA COYOTE RIDGE NATURAL AREA RIMROCK OPEN SPACE Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community City of Fort Collins Natural Area State, County or Other Public Natural Area Roads ¯ Horsetooth Foothills Land Conservation Project - Vicinity Map 012 0.5 Miles ATTACHMENT 1 9.1 Packet Pg. 105 Attachment: Vicinity Map (4758 : Horsetooth Foothills Land Conservation Project) Land Conservation & Stewardship Board August 10, 2016 Meeting Minutes Excerpt Horsetooth Foothills IGA with Larimer County Mark Sears, Natural Areas Manager, and Tawnya Ernst, Real Estate Specialist, made a brief presentation regarding the proposed Intergovernmental Agreement with Larimer County to implement the conservation of four properties utilizing $5M in GOCO grants. The Natural Areas Department (City) has been working with Larimer County Open Lands (County) for many years to conserve land in the foothills west of Fort Collins to meet shared land conservation goals. Over the last few years, four willing landowners emerged and the County and City staff began formulating plans to conserve the properties. In September City Council will be asked to approve an IGA outlining the implementation of this land conservation effort. Staff requests a positive recommendation from the LCSB to City Council. Discussion/Issues:  This is a huge partnership for the County and City  GOCO requires a conservation easement on all lands conserved with GOCO funds  Trudy recommended that a press release be issued when the transactions have been completed; as everyone agreed this project is a long-awaited, most welcomed project.  Board members agreed this project was a major accomplishment in terms of land conservation.  A total of 2,736 acres will be conserved.  IGA will go to City Council on September 6 for approval, allowing the County to sign the GOCO Grant Agreement. David Tweedale made a motion that City Council approve the IGA with Larimer County to implement the Horsetooth Foothills Land Conservation Project. This is exactly the kind of partnership at the City, the County and GOCO level that the city should engage in for future land conservation. Vicky McLane seconded the motion. The motion was unanimously approved. ATTACHMENT 2 9.2 Packet Pg. 106 Attachment: Land Conservation & Stewardship Board minutes, August 10, 2016 (4758 : Horsetooth Foothills Land Conservation Project) -1- RESOLUTION 2016-071 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE HORSETOOTH FOOTHILLS LAND CONSERVATION PROJECT WHEREAS, on October 7, 2014, the City Council approved the Natural Areas Master Plan, which identifies the foothills west of Fort Collins as a key conservation priority; and WHEREAS, since 2014, City Natural Areas staff has collaborated with Larimer County to engage property owners who are interested in conveying lands in the foothills west of Fort Collins in support of public conservation goals; and WHEREAS, through this outreach, owners of multiple properties have proposed adding approximately 2,726 acres of key conservation priority properties to the existing 5,700 acres of conserved lands managed by the City and Larimer County; and WHEREAS, in furtherance of shared public conservation objectives, the City and Larimer County pursued Great Outdoors Colorado (“GOCO”) grants to fund the purchase of interests in several properties as part of the regional Horsetooth Foothills Land Conservation Project (the “Project”); and WHEREAS, GOCO awarded the Project $1,000,000 in 2015 toward the costs to acquire and conserve a 359-acre property identified as part of the Project; and WHEREAS, GOCO awarded the Project another $4,000,000 in 2016 toward the costs to conserve an additional 993 acres in fee and 1,374 acres in conservation easements (CE) identified as part of the Project; and WHEREAS, a condition of the 2016 GOCO grant is that the City and County provide the remaining local funds to acquire and conserve the subject property interests; and WHEREAS, Larimer County has agreed to negotiate fee purchases from owners of three Project properties, and to convey a CE to the City on each property successfully acquired; and WHEREAS, the City has agreed to negotiate fee purchase from owners of another Project property, and to convey a CE to Larimer County on that property if successfully acquired; and WHEREAS, the estimated cost to complete the four Project acquisitions as described in both GOCO grants is $12,000,000; the local contribution component of that cost will be up to $7,000,000 after application of the GOCO grants; and WHEREAS, Natural Areas staff has determined it furthers the public purpose of the Natural Areas Master Plan and regional conservation goals for the City and Larimer County to share the local contribution component of the Project acquisition and closing costs; and Packet Pg. 107 -2- WHEREAS, the City and Larimer County have agreed upon the details for the proposed split of local Project funding, as set forth in the Intergovernmental Agreement attached hereto as Exhibit “A” (the “Agreement”); and WHEREAS, the City Manager and City staff have recommended the City Council approve the Agreement in substantially the form as set forth herein. 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 conveyed in the recitals set forth above. Section 2. That the Mayor is hereby authorized to execute the Agreement between the City and Larimer County to apply $5,000,000 in GOCO grant funds to acquire land interests and conservation easements on four (4) properties identified for the Horsetooth Foothills Land Conservation Project, and to share the remaining acquisition and closing costs with the County, which Agreement shall be in substantially the form of Exhibit “A” with such modifications and additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interest of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 108 DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 1 INTERGOVERNMENTALAGREEMENT CONCERNINGTHEHORSETOOTHFOOTHILLSCONSERVATIONPROJECT ThisIntergovernmentalAgreement(Agreement)ismadethis___dayof_____,2016,byand betweentheCITYOFFORTCOLLINS,COLORADO(the"City")andLARIMERCOUNTY,COLORADO ("LarimerCounty"). WHEREAS,partof2ofArticle1ofTitle29,C.R.S.authorizesgovernmentstocooperateand contractwithoneanothertoprovideanyfunction,serviceorfacilitylawfullyauthorizedtoeach, includingthesharingofcosts;and WHEREAS,LarimerCountyhasimposedasalesandusetaxviathe"HelpPreserveOpenSpaces Initiative"forthepurchaseandmaintenanceofopenspace,naturalareas,wildlifehabitat,parksand trailsandaportionofthefundsgeneratedbysaidsalestaxaredistributedtomunicipalitieslocated withinLarimerCounty,includingtheCity;and WHEREAS,theCityhasimposedadedicated0.25%salesandusetaxknownas"OpenSpace Yes!",portionsoftherevenuesfromwhichareintendedandavailableforthepurchaseand maintenanceofopenspace,naturalareas,andtrails;and WHEREAS,thepartiesrecognizethroughtheLarimerCountyOpenLandsandFortCollins NaturalAreasMasterPlansthatcertainlandsinthefoothillsandalongthemountainbackdroptothe citiesofFortCollinsandLovelandareimportanttobeconservedthroughvariousmeanssuchasfee acquisition,conservationeasements,andregulatorymeasures;and WHEREAS,thepartieshavehistoricallyworkedcooperativelyinthisareatoconservethewildlife andrecreationcorridorfromDevil’sBackboneOpenSpacetoHorsetoothMountainPark,adjacentto theHorsetoothFoothillspropertiestoprotectandpromotethequalityoflife,thenaturalenvironment andthecharacteroftheregion;and WHEREAS,LarimerCountyOpenLandsDepartmentandtheCityofFortCollinsNaturalAreas DepartmentsharecommongoalsinconservinglandinthefoothillssouthwestofFortCollins,andare formingapartnershipperthisIGAtoimplementalandconservationprojectknownasthe“Horsetooth FoothillsConservationProject”toconserveinfeeandthroughconservationeasementsapproximately 2,726acresofland. WHEREAS,LarimerCountywasawardedin2015,OneMilliondollarsinGreatOutdoors Colorado(GOCO)grantfundstoacquireinpartnershipwiththeCityfeetitletoaparcelofrealproperty locatedintheCountyofLarimer,StateofColoradoknownas“ParcelD”,whichpropertyisdepictedon theoverviewmapattachedasExhibit“A”andlegallydescribedinExhibit“B”herein(“ParcelDEastͲ PhaseI”);and WHEREAS,LarimerCountywasawardedin2016,FourMilliondollarsinGOCOgrantfundsto acquireinpartnershipwiththeCityfeetitleandconservationeasementstoadditionalparcelsofreal propertylocatedintheCountyofLarimer,StateofColoradoknownas“ParcelB”,“ParcelC”,“ParcelD West–PhaseII”,and“ParcelA”properties(“HorsetoothFoothillsProperties”or“Properties”),whichare depictedontheoverviewmapattachedasExhibitAandlegallydescribedinExhibitsBandCherein;and &YIJCJU"1 Packet Pg. 109 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 2   WHEREAS,LarimerCountyexecutedagrantagreementwithGOCOonJanuary25,2016,to accepttheOneMillionDollarsinGOCOfundingnecessarytoproceedwiththeCitytoacquirefee interestintheParcelDEastͲPhaseIproperty,aspartoftheHorsetoothFoothillsConservationProject, Log#16129,(the“2015GOCOAgreement”);and  WHEREAS,LarimerCountyanticipatesexecutingagrantagreementwithGOCOafterSeptember 6,2016,toaccepttheFourMilliondollarsinGOCOfundingnecessarytoproceedwiththeCityto acquirerespectiveinterestsintheParcelB,ParcelC,ParcelDWest–PhaseII,andParcelAproperties, aspartoftheHorsetoothFoothillsConservationProject,Log#16662,(the“2016GOCOAgreement”); and  WHEREAS,LarimerCountyanticipatesacquiringthroughpurchaseoffeeinterestsand conservationeasements,therealpropertydescribedinExhibitB,attachedheretoandincorporated hereinbyreference(the"CountyAcquisitions"),andtheCityanticipatesacquiringthroughpurchaseof feeinterestsandconservationeasements,therealpropertydescribedinExhibitC,attachedheretoand incorporatedhereinbyreference(the"CityAcquisitions");and  WHEREAS,GOCOrequiresaconservationeasementtobeplaceduponallparcelsacquiredinfee interestusingGOCOfunds;LarimerCountywillconveyaconservationeasementtotheCityonall parcelsitacquiresinfeeusingGOCOFundsasdescribedinExhibitB,andtheCitywillconveya conservationeasementtoLarimerCountyontheparcelitacquiresinfeeusingGOCOfundsasdescribed inExhibitC.  WHEREAS,theCountywillalsoconveyaconservationeasementtotheCityonParcelCwhichis notbeingacquiredwithGOCOfunds.  WHEREAS,thepartiesdesiretocooperateandcontractwithoneanotherconcerningthe sharingofcostsandresponsibilitiesfortheacquisition,ownership,improvement,andmanagementof theHorsetoothFoothillsProperties.   NOW,THEREFORE,inconsiderationofthemutualpromisescontainedherein,thepartiesagree asfollows:  A. SubjectProperties/Easements  1. ThecostforconservingtheHorsetoothFoothillsPropertiesincludingclosingcosts,title insurance,surveying,appraisalfees,minorlanddivisions,PhaseIEnvironmentalAssessment Reports,BaselineReports,andGeologistandRemotenessLettersisestimatedtobeapproximately $12,000,000,asdescribedingreaterdetailinExhibit“D”,attachedheretoandincorporatedherein byreference.  2. Thepartieswillsplitevenlyallunanticipatedacquisitioncostsinadditiontothe amountsreflectedonExhibitD,arisingduringfinalnegotiationsandclosingontheinterests generallydescribedherein.Ifthatapproachisnotfinanciallyfeasibleforeitherparty,theparties agreetonegotiateingoodfaithtoreachasolution,whichmayincludeadifferentdivisionofcosts, 1 Packet Pg. 110 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 3  inordertoproceedwiththeacquisitions.ExhibitD(andtheotherexhibitsasnecessary)willbe updateduponcompletionofthefinalacquisitions.  AcquisitionofeachpropertyandeasementdescribedinExhibitsBandCshalloccuratclosingssetat mutuallyagreeddate(s),time(s)andlocation(s),atwhicheachpartyshallbringpurchasingfundsas describedbelowandonExhibitD,unlessotherwiseagreedbyparties.  3. Theacquisitionswillbestructuredasfollows: ParcelA–appx.800acrestotal: i. Cityistheleadinconservingthisproperty,hasbeennegotiatingwiththeproperty ownerandpayingtheduediligencecosts,andwillpayallmiscellaneouscosts associatedwithconservingthispropertyshownonExhibitD. ii. Citywillpreparetheconservationeasementinstrument(s)necessaryfor conservationofParcelAincollaborationwithLarimerCountyandGOCO. iii. Citywillacquireandmanagethe500acresinfee,andwillconveyaconservation easement(CE)toLarimerCountyasrequiredbyGOCO,subjecttopriorapprovalby ordinanceofsuchconveyancebytheFortCollinsCityCouncilinitsdiscretion. iv. Citywillacquireandholda270+/Ͳacreconservationeasement. v. Citywillacquireandholda35+/Ͳacreconservationeasement vi. ContributionstowardsthefeeandCEacquisitionsareshownonExhibitD. vii. TheCityshallsubmittheCE,uponacceptancebyLarimerCounty,totheCounty ClerkandRecorderforrecordingintherealpropertyrecordsofLarimerCounty,and shallprovideacopyoftherecordedConservationEasementtoLarimerCounty uponcompletionofrecording.  ParcelB–appx.300acrestotal: i. LarimerCountyistheleadinconservingthisproperty,hasbeennegotiatingwiththe propertyownerandpayingtheduediligencecosts,andwillpayallmiscellaneous costsassociatedwithconservingthispropertyexceptforthecostofthebaseline report,asshownonExhibitD. ii. LarimerCountywillpreparetheconservationeasementinstrument(s)necessaryfor theconservationofParcelBincollaborationwiththeCityandGOCO. iii. LarimerCountywillacquireandmanagethe300+/Ͳacresinfeeandconveya conservationeasement(CE)totheCityasrequiredbyGOCO. iv. ContributionstowardsthefeeandCEacquisitionsareshownonExhibitD. v. LarimerCountyshallsubmittheCE,uponacceptancebytheCity,totheCounty ClerkandRecorderforrecordingintherealpropertyrecordsoftheCounty,and shallprovideacopyoftherecordedConservationEasementtotheCityupon completionofrecording.  1 Packet Pg. 111 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 4  ParcelCProperty–appx.1,060acrestotal: i. LarimerCountyistheleadinconservingthisproperty,hasbeennegotiatingwiththe propertyownerandpayingtheduediligencecosts,andwillpayallmiscellaneous costsassociatedwithconservingthispropertyexceptforthecostofthebaseline reportsasshownonExhibitD. ii. LarimerCountywillpreparetheconservationeasementinstrument(s)necessaryfor theconservationofParcelCincollaborationwiththeCityandGOCO. iii. LarimerCountywillacquireandmanagethe200+/Ͳacresinfeeandconveya conservationeasement(CE)totheCity. iv. Countywillacquireandholdan870+/Ͳacreconservationeasement. v. ContributionstowardsthefeeandCEacquisitionareshownonExhibitD. vi. LarimerCountyshallsubmittheCEs,uponacceptancebytheCity,totheCounty ClerkandRecorderforrecordingtherealpropertyrecordsoftheCounty,andshall provideacopyoftherecordedConservationEasementtotheCityuponcompletion ofrecording.  ParcelDProperties(EastͲPhaseIandWestͲPhaseII)–appx.560acrestotal: i. Countyistheleadinconservingtheseproperties,hasbeennegotiatingwiththe propertyownerandpayingtheduediligencecosts,andwillpayallmiscellaneous costsassociatedwithconservingthispropertyexceptforthecostofthebaseline reports,asshownonExhibitD. ii. Countywillpreparetheconservationeasementinstrument(s)necessaryforthe conservationoftheParcelApropertiesincollaborationwiththeCityandGOCO. iii. Countywillacquireandmanage360+/Ͳacresinfeeandconveyaconservation easement(CE)totheCityasrequiredbyGOCO. iv. Countywillacquireandholda200+/Ͳacreconservationeasement. v. ContributionstowardsthefeeandCEacquisitionareshownonExhibitD. vi. LarimerCountyshallsubmittheCE,uponacceptancebytheCity,totheCounty ClerkandRecorderforrecordingtherealpropertyrecordsoftheCounty,andshall provideacopyoftherecordedConservationEasementtotheCityuponcompletion ofrecording.  4. Promptlyuponcompletionofeachclosingrelatedtoapropertyoreasementdescribed inExhibitsAͲDLarimerCountyandtheCityshallarrangefortitleinsurancetobeprovidedforthe acquiredpropertyoreasement,forthebenefitoftheotherparty,consistentwiththeownership intereststobeconveyedherein.  5. UntilsuchtimeastheaboveͲreferencedclosingandconveyanceoftheproperty interestsaboveshalloccur,LarimerCountyshallremaintheprimarynegotiatoroftheParcelB, ParcelCandParcelApropertiespurchasesandshallhavethediscretiontomakedecisionsrelated tothenegotiationsincludingchoiceofsurveyor,titlecompany,andotheradministrativematters, consistentwiththisAgreement.UntilsuchtimeastheaboveͲreferencedclosingandconveyanceof 1 Packet Pg. 112 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 5  thepropertyinterestsaboveshalloccur,theCityshallremaintheprimarynegotiatoroftheParcelA propertypurchaseandshallhavethediscretiontomakedecisionsrelatedtothenegotiations includingchoiceofsurveyor,titlecompany,andotheradministrativematters,consistentwiththis Agreement.Thepartiesshallpromptlyinformtheotherpartyofnewdevelopmentsinthe negotiationsandnewmaterialinformationrelatedtothesubjectpropertiesandeasementsorthe acquisitionsthereof.  B. ManagementoftheHorsetoothFoothillsProperties  1. TheCitywillmanagethe500+/ͲacresacquiredontheParcelApropertyasapartofthe CoyoteRidgeNaturalAreainaccordancewiththeFoothillsNaturalAreasManagementPlan(which willbeupdatedtoreflectthisacquisition)andsubsequentupdates. 2. LarimerCountywillmanagethe300+/ͲacresacquiredontheParcelBpropertyasapart oftheDevil’sBackboneOpenSpaceandinaccordancewiththeDevil’sBackboneOpenSpace ManagementPlan(whichwillbeupdatedtoreflectthisacquisition)andsubsequentupdates. 3. LarimerCountywillmanagethe360+/ͲacresacquiredontheParcelApropertiesasa partoftheHorsetoothMountainParkinaccordancewiththeRedstoneHOACovenants,the HorsetoothMountainParkManagementPlan(whichwillbeupdatedtoreflectthisacquisition)and subsequentupdates. 4. LarimerCountywillmanagethe200+/ͲacresacquiredontheParcelCpropertyasapart oftheHorsetoothMountainParkinaccordancewiththeHorsetoothMountainParkManagement Plan(whichwillbeupdatedtoreflectthisacquisition)andsubsequentupdates. 5. EmergencyCircumstances.Intheeventofemergencycircumstancesrequiring immediateresponsepriortotheadoptionofupdatedManagementPlanswhichwillbeusedto guidethemanagementoftheProperties,asdescribedabove,LarimerCountyandtheCityshallbe entitledtousereasonablediscretioninrespondingtosuchcircumstances.Ifpossible,anysuch emergencycircumstancesorresponsesshallbesubjecttoconsultationbetweenthepartiesin advanceofanyactionbeingtaken.Intheeventadvanceconsultationisnotreasonablypossible, LarimerCountyshalllimititsactionstothosenecessarytoaddresstheexistingemergency,andshall makereasonableeffortstoinformtheCitypromptlyofanysucheventandchosencourseofaction. C. SubsequentSaleand/orTransferofFeeorConservationEasementInterests  1. OnceclosingshaveoccurredontheCityandCounty’srespectiveacquisitions,ifaparty desirestosellalloranyportionofitsfeeinterestinthePropertiesortransferitsinterestina conservationeasement(butnotincludingconveyancesofeasementsorrightsͲofͲway),thatparty (the“SellingParty”)shallprovideatleast60days’advancewrittennoticetotheotherpartyofits intentionregardingthepropertyinterest.Theotherpartyshallhavearightoffirstrefusal (“Option”)topurchasesuchinterestinthePropertiesfortheproportionalshareofthefairmarket valueofsuchPropertyasdeterminedbyanappraiserselectedbytheparties.Theotherpartyshall notifytheSellingPartywithin30dayswhetheritintendstopurchasetheProperty.Thepartiesshall thenworkingoodfaithtonegotiateapurchaseandsaleagreementandanynecessarydocuments forcompletionofthesale.TheOptionshallexpiretwoyearsafterthedateoftheSellingParty’s 1 Packet Pg. 113 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 6  writtennoticeofitsintenttosellitsinterestifthepartieshavenotclosedontheconveyanceofthe Propertyinterestbythattime.  2. Iftheotherpartydeclinestopurchasethesubjectproperty,theSellingPartymaythen conveythePropertyasitchooses.Anysuchconveyanceshallbesubjecttothetermsoftherelated conservationeasementandanyotherexistingencumbrances,restrictionsorconditionsapplicable totheconveyedproperty.Inaddition,intheeventoneofthepartiesdesirestosellallorany portionofitsfeeinterestintheProperty,includingeasementsorrightsofway,andtheotherparty hasaconcernwiththeimpactoftheproposedsaleontheremaininginterestsintheProperty,the partiesagreetonegotiateingoodfaithtoresolvetheissuepriortothesaleortransfer.  3. AnytransferorsaleofapropertyinterestacquiredunderthisAgreementshallbe subjecttoGOCOrequirementsandreviewasdescribedintheGOCOGrantAgreementsattachedas ExhibitEandincorporatedbyreferenceherein.  4. Intheeventalloranyportionsofthesubjectpropertiesaresold,exchanged, transferredorotherwisedisposedof,thenetproceedsfromsuchdispositionshallbedivided betweentheCountyandtheCityinthesameproportionastheirrespectivecontributionstothe initialpurchasepaymentsforacquiringthepropertyinterestssold.Intheeventalloranyportionof thesubjectpropertiesistakenbyeminentdomain,thecostsandproceedsofsuchcondemnation shallbesharedproportionallybythepartiesbasedonthesamedivisionofproceedsassetforth herein.Proceedsfromsuchconveyanceshallbesubjecttotheprovisionsofeachparty’srespective applicablepolicies,ordinances,resolutionsandplans.  D. GeneralProvisions.  1. Eachpartyagreestoexecutealladditionalinstrumentsanddocumentsnecessaryto effectuatethetransactionsandpurposesdescribedherein,subjecttoanynecessaryapprovals.  2. ThisAgreementshallbebindinguponandinuretothebenefitoftheparties’respective successorsandpermittedassigns.  3. Financialobligationsoftheparty’spayableafterthecurrentfiscalyeararecontingent uponthegoverningbodiesoftheparties,intheirdiscretion,appropriatingnecessaryfundstherefor. Theparties’obligationshereunderarealsosubjecttothefinalawardofgrantfundsbyGOCO.  4. NothinginthisAgreementwaivestheimmunities,limitsofliability,orothertermsand conditionsoftheColoradoGovernmentalImmunityActasnowinforceorhereafteramended.  5. Anynoticesrequiredorpermittedtobegivenshallbeinwritingandpersonally deliveredtotheofficeofthepartieshereofbyfirstclassmail,postageprepaid,asfollows:  JohnStokes GaryBuffington NaturalAreasDirector NaturalResourcesDirector CityofFortCollins–NaturalAreasDepartment LarimerCountyOpenLands POBox580,FortCollins80522 [address] jstokes@fcgov.com @larimer.org 1 Packet Pg. 114 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 7   Anysuchnoticeshallbeeffective(i)inthecaseofpersonaldelivery,whenthenoticeisactually received,or(ii)inthecaseoffirstclassmail,thethirddayfollowingdepositintheUnitedStates mail,postageprepaid,addressedassetforthabove.Anypartymaychangethesepersonsor addressesbygivingnoticeasrequiredabove.  INWITNESSWHEREOF,thepartiesheretohaveexecutedthisIntergovernmentalAgreement concerningtheHorsetoothFoothillsConservationProject,onthedayandyearfirstabovewritten.  THECITYOFFORTCOLLINS,COLORADO, AMunicipalCorporation    By: _________________________________ Mayor    ATTEST:APPROVEDASTOFORM:    CityClerkAssistantCityAttorney     LARIMERCOUNTY,COLORADO    By: _________________________________ Chair,BoardofCountyCommissioners    ATTEST:APPROVEDASTOFORM:    DeputyClerk AssistantCountyAttorney  1 Packet Pg. 115 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 8  EXHIBITA OverviewMap     1 Packet Pg. 116 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 9  EXHIBITB CountyAcquisitionsandConservationEasementConveyancestoCity  [Finalidentificationandcontractnegotiationshaveyettooccurregardingtheseproperties;alternate propertiesmaybeidentifiedtoreplacethoselistedbelow,subjecttopriorapprovalbytheCity]  LegalDescriptions&Maps:ParcelBFeeandParcelDEastͲPhaseIFeeandParcelDWestͲPhaseIICE andParcelCFeeandCEProperties    1 Packet Pg. 117 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 10  EXHIBITC CityAcquisitionsandConservationEasementConveyancestoCounty  [Finalidentificationandcontractnegotiationshaveyettooccurregardingtheseproperties;alternate propertiesmaybeidentifiedtoreplacethoselistedbelow,subjecttopriorapprovalbyLarimerCounty]  LegalDescriptions&Maps–ParcelAFeeandCEProperties     1 Packet Pg. 118 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 11  ExhibitD  HorsetoothFoothillsConservationProjectIGACOSTDATA [Preliminarypendingfinalpropertyidentification]  1 Packet Pg. 119 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) DRAFT–SUBJECTTOLEGALREVIEW,REVISION,ANDAPPROVAL 11 Exhibit HorsetoothFoothillsConservationProjectIGAKtEZ^,/WDATA [Preliminarypendingfinalpropertyidentification] 1 Packet Pg. 120 Attachment: Exhibit A (4770 : Horsetooth Foothills Land Conservation Project-RESO) -1- ORDINANCE NO. 108, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT TO LARIMER COUNTY ON PROPERTY TO BE ACQUIRED BY THE CITY AS PART OF THE HORSETOOTH FOOTHILLS LAND CONSERVATION PROJECT WHEREAS, the City and Larimer County have been working together on the purchase of interests in several properties in the foothills west of Fort Collins as part of the regional Horsetooth Foothills Land Conservation Project (the “Project”); and WHEREAS, Great Outdoors Colorado (GOCO) has awarded the County funding to assist in acquiring properties for the Project; and WHEREAS, the City Council is being asked to consider and approve, by separate resolution, an intergovernmental agreement between the City and the County regarding their respective roles in the Project (the “Agreement”); and WHEREAS, as part of the Project the City is currently negotiating to purchase a 500 acre property as described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the City, County and GOCO would each provide a portion of the funds needed for purchase of the Property; and WHEREAS, under the terms of the Agreement, if the City purchases the Property it would then convey a conservation easement on the Property to the County, in order to meet GOCO’s grant requirements; 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 a conservation easement on the Property to Larimer County as provided herein, once the City has acquired the Property, 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 a conservation easement to the County on terms and conditions consistent Packet Pg. 121 -2- with this Ordinance, together with such 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 conservation 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 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 122 Parcel I Those parcels of land in Sections 17, 18 and 20, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado as described in deeds recorded December 22, 1980 in Book 2094 at Page 60 and January 14, 1993 at Reception No. 93002989 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96002893 excepting therefrom those parcels described in deeds recorded January 14, 1993 at Reception No. 93002990 and February 19, 1993 at Reception No. 93010695 and April 10, 1995 at Reception No. 95020009 and April 23, 1996 at Reception No. 96028092 and July 10, 1998 at Reception No. 98057894 Parcel II Lot 2 of the Boots Minor Land Division Plat in the Southwest Quarter of Section 8, Township 6 North, Range 69 West of the 6 th P.M., County of Larimer, State of Colorado. EXHIBIT A 1 Packet Pg. 123 Attachment: Exhibit A (4781 : Horsetooth Foothills Land Conservation Project - Easement ORD) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Sue Beck-Ferkiss, Social Sustainability Specialist SUBJECT Resolution 2016-072 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2016 to the Colorado Housing and Finance Authority to Finance the Development and Rehabilitation of Affordable Housing Units. EXECUTIVE SUMMARY The purpose of this item is to assign the City's 2016 Private Activity Bond capacity to the Colorado Housing Finance Authority for the purpose of constructing and rehabilitating affordable housing rental units in Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Private Activity Bonds (PAB) are tax-exempt bonds that can be issued by eligible government entities, agencies, and authorities. The proceeds of the sale of the bonds may be used for specific purposes as determined by the Internal Revenue Service. Permitted purposes include, but are not limited to, affordable housing development and rehabilitation. PAB financing has also been used by the City for economic and industrial development purposes. The State of Colorado PAB allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Section 24-32-1707, et seq., C. R S. (Allocation Act). While the City is not a developer or builder of affordable housing, the City relies on development partners to provide the housing needed to satisfy the City’s articulated affordable housing goals. These goals are based on the City’s identified needs. Income-restricted rental housing is the City’s highest need. The most direct way to support these development projects is through the City’s competitive process by awarding grant funding to financially support the developments. These funds are local Affordable Housing Funds, and state and federal pass through funding such as Community Development Block grants. This process is totally distinct from the state and federal Low Income Housing Tax Credit (LIHTC) programs. LIHTC projects may or may not contain state or federal housing dollars. PAB’s are an integral part of the above mentioned LIHTC program which is the primary government program being used and promoted for the production of income-qualified rental housing and the rehabilitation of this type of housing. There are two types of tax credits available. The 9% LIHTC program is highly competitive and therefore, harder and harder to attain. Many deals are using the 4% LIHTC program. This is not a competitive application process. However, these deals must contain PABs. There is a finite amount of PAB capacity available. The capacity for issuing these bonds can come from local jurisdictions or the state. When projects have been awarded local PAB capacity, this demonstrates local support for the projects which can assist the projects in attracting other grants and investments. In 2016, the total amount available statewide is $545,657,400. Fifty percent of the state ceiling is allocated directly to statewide authorities and the other half is allocated directly to local governments based on 10 Packet Pg. 124 Agenda Item 10 Item # 10 Page 2 population size. The City has been notified that, pursuant to section 24-32-1706 of the Allocation Act, its allocation of the state ceiling for 2016 is $7,728,500. (Attachment 1) This is merely the authority to take on debt and is not an allocation of funding. The City will not incur debt by assigning this allocation and this will not affect the City's credit rating. If a local government does not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15 annually, the City allocation automatically reverts back to the state’s pool of available bond capacity. Historically, Fort Collins has assigned its annual allocation on a first come first served basis.  From 2009 through 2012, the Fort Collins allocation was not used locally and therefore reverted back to the state’s pool of available bond capacity.  In 2013, 2014, and 2015 the City assigned its full allocation to the Fort Collins Housing Authority (FCHA) for the rehabilitation of affordable rental housing units. This year’s request is to assign the PAB capacity to the Colorado Housing Finance Authority (CHFA) for the benefit of two local affordable housing projects. As mentioned, the state’s 4% LIHTC program is a financing mechanism for the development and rehabilitation of affordable housing. This program is administered by CHFA. CHFA requires these types of financing deals to include private activity bonds. CHFA will be the issuer for the bonds on both of these projects. The two formal requests the City has received are from the DMA Plaza Inc. and McDermott Enterprises. The sum of the two requests equals the entire 2016 PAB allocation. The proposed and allowable use of bond proceeds is the construction of new affordable housing at Oakridge Crossing and the rehabilitation of affordable Housing at DMA Plaza. (Attachments 2 and 4) These properties, owned by non-profit developers, serve households in the income range of 30% -60% area median income (AMI).The locations of these projects are provided in Attachments 3 and 5. The Affordable Housing Board recommends that the City grants these requests and that City Council adopt a resolution assigning the 2016 PAB Allocation to CHFA. (Attachment 6) The intended uses of developing new affordable rental housing units and rehabilitating for preservation existing affordable rental housing units are permissible and beneficial uses of the City’s 2016 allocation. In addition to being income qualified, both of these projects are also age-restricted to serve seniors. Seniors are an identified special needs population pursuant to the City’s Affordable Housing Strategic Plan. These housing needs have been identified as priorities for our community. The City has not received other requests for the 2016 PAB Allocation. For these developers to use this financing tool, City Council must adopt a resolution assigning the 2016 PAB allocation to CHFA. Additionally, the use of the City’s allocation is evidence of local support for these affordable housing projects, which helps leverage other funding sources and is important to CHFA’s 4% Low Income Tax Credit Program. The investment of tax credit equity will trigger a new affordability period for DMA Plaza and will trigger an initial affordability commitment for Oakridge Crossing. In addition to assigning the past three years PAB allocation to the FCHA, the City has used PAB allocation to finance multifamily low and moderate income rental housing at Fox Meadow Apartments (2000) and Caribou Apartments (2002), and multifamily senior housing at Oakbrook Manor (2005). In these examples, the City’s allocation was assigned to CHFA who issued the bonds. Prior to that, the City was the issuer of multifamily housing revenue bonds for Bull Run (1997) and Courtney Park Apartments (1995). CHFA has authority to issue bonds and it will be the issuer of the bonds for the development projects requesting the 2016 PAB capacity. CITY FINANCIAL IMPACTS The Private Activity Bonds will be issued by CHFA and will not be obligations of the City of Fort Collins. The debt service on the bonds will be repaid from revenue generated by the housing developments and does not constitute a debt of the City. This action will not affect the City's credit rating. The construction of new units and rehabilitation of existing units will require goods and labor which will benefit the local economy. 10 Packet Pg. 125 Agenda Item 10 Item # 10 Page 3 BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board supports the passage of the Resolution. PUBLIC OUTREACH Public outreach has been and will continue to be conducted and focused on the development projects themselves. No separate outreach has been conducted on the assignment of the 2016 Private Activity Bond capacity. ATTACHMENTS 1. 2016 Direct Allocations (PDF) 2. DMA Plaza, Inc. Request (PDF) 3. DMAPlaza Location Map (PDF) 4. Oakridge Crossing Request (PDF) 5. Oakridge Crossing Location Map (PDF) 6. Affordable Housing Board Support memo (PDF) 10 Packet Pg. 126 2016 Colorado Private Activity Bond Direct Allocations Statewide Pop. PAB Cap Available 5,456,574 $545,657,400.00 Local Issuers Population PAB Cap Local Issuers Population PAB Cap Denver County 664,220 $33,211,000 La Plata County 54,014 $2,700,700 Colorado Springs 443,965 $22,198,250 Pueblo County 53,605 $2,680,250 Aurora 350,773 $17,538,650 Eagle County 52,831 $2,641,550 Douglas County 210,168 $10,508,400 Commerce City 51,686 $2,584,300 Jefferson County 201,037 $10,051,850 Parker 49,700 $2,485,000 El Paso County 192,616 $9,630,800 Fremont County 46,294 $2,314,700 Fort Collins 154,570 $7,728,500 Littleton 44,396 $2,219,800 Lakewood 149,666 $7,483,300 Montrose County 40,904 $2,045,200 Weld County 149,134 $7,456,700 Northglenn 38,648 $1,932,400 Thornton 129,403 $6,470,150 Brighton 37,077 $1,853,850 Arapahoe County 129,279 $6,463,950 Englewood 32,671 $1,633,550 Arvada 113,326 $5,666,300 Wheat Ridge 31,108 $1,555,400 Westminster 111,834 $5,591,700 Delta County 30,027 $1,501,350 Adams County 109,428 $5,471,400 Summit County 29,399 $1,469,950 Pueblo, City of 108,177 $5,408,850 Fountain 28,489 $1,424,450 Centennial 107,501 $5,375,050 Morgan County 28,254 $1,412,700 Boulder, City of 105,270 $5,263,500 Lafayette 26,786 $1,339,300 Greeley 98,666 $4,933,300 Montezuma County 25,812 $1,290,600 Longmont 90,855 $4,542,750 Elbert County 24,144 $1,207,200 Larimer County 90,706 $4,535,300 Routt County 23,896 $1,194,800 Mesa County 86,501 $4,325,050 Teller County 23,394 $1,169,700 Loveland 72,983 $3,649,150 Logan County 22,088 $1,104,400 Grand Junction 61,847 $3,092,350 Windsor 21,732 $1,086,600 Broomfield County 61,826 $3,091,300 Erie 20,819 $1,040,950 Boulder County 61,703 $3,085,150 Golden 20,096 $1,004,800 Garfield County 57,548 $2,877,400 Louisville 20,047 $1,002,350 Castle Rock 54,364 $2,718,200 $252,264,150.00 Population PAB Cap Minimum 20,000 $1,000,000 Total Local Issuers: 5,045,283 252,264,150 46% Statewide Authorities: CHFA $262,828,700 48% CADA $10,000,000 2% Total Authorities $272,828,700 Statewide Balance 411,291 $20,564,550 4% TOTAL PAB 5,456,574 $545,657,400 100% Total Local Issuers: ATTACHMENT 1 10.1 Packet Pg. 127 Attachment: 2016 Direct Allocations (4735 : 2016 Private Activity Bond Assignment) ATTACHMENT 2 10.2 Packet Pg. 128 Attachment: DMA Plaza, Inc. Request (4735 : 2016 Private Activity Bond Assignment) S Mason St Remington St S College Ave W Mulberry St E Mulberry St Mathews St Peterson St W Magnolia St W Olive St W Oak St Whedbee St E Magnolia St E Olive St E Oak St ÕZYXW ³I 300 Remington St Fort Collins, CO 80524 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: August 15, 2016 Site Parcels 0150300 Feet © ATTACHMENT 3 10.3 Packet Pg. 129 Attachment: DMAPlaza Location Map (4735 : 2016 Private Activity Bond Assignment) ATTACHMENT 4 10.4 Packet Pg. 130 Attachment: Oakridge Crossing Request (4735 : 2016 Private Activity Bond Assignment) Kruse Elementary Tr Paul Academy Colorado Early Colleges Fort Collins Kindercare Learning Centers Golden Meadows Park Oak Ridge Federal Bldg Pd Oak Ridge Federal Bldg Pond Mo n t e C a r lo D r Red Oak Ct Wilmington Dr Redberry Ct Cape Cod Cir Innovation Dr Salem St Si l k O a k D r Kingsbu r y Dr R e db ud Ct Saffro n C t Angelo Dr R i v e r Oak D r Iva Ct O a kr i d g e D ATTACHMENT 6 10.6 Packet Pg. 132 Attachment: Affordable Housing Board Support memo (4735 : 2016 Private Activity Bond Assignment) -1- RESOLUTION 2016-072 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY’S PRIVATE ACTIVITY BOND ALLOCATION FOR 2016 TO THE COLORADO HOUSING AND FINANCE AUTHORITY TO FINANCE THE DEVELOPMENT AND REHABILITATION OF AFFORDABLE HOUSING UNITS WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the “State”) to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low- and moderate-income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), restricts the amount of tax-exempt bonds (“Private Activity Bonds”) which may be issued in the State (the “State Ceiling”); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the “Allocation Act”), providing for the allocation of the State Ceiling among various State and local governmental units, including the Colorado Housing and Finance Authority (the “Authority”), and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City has received a direct allocation of the 2016 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $7,728,500 (the “2016 Allocation”); and WHEREAS, if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year, its allocation is relinquished to the statewide balance; and WHEREAS, the Authority has requested that the City assign all of the 2016 Allocation (the “Assigned Allocation”) to the Authority pursuant to Section 24-32-1706 of the Allocation Act; and WHEREAS, the Authority intends to use the Assigned Allocation to issue Private Activity Bonds for the purpose of financing one or more multi-family rental housing projects for low-and moderate-income persons and families (“Revenue Bonds”) including the following identified projects: (1) up to $5,000,000 for the rehabilitation of DMA Plaza Apartments, a senior housing project; and (2) up to $2,728,500 for the construction of Oakridge Crossing, a multifamily senior project, provided such projects otherwise qualify and are approved for financing or the allocation of tax credits as may be applicable (collectively, the “Projects”); and WHEREAS, the Authority has expressed its willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2016 Allocation assigned herein; and Packet Pg. 133 -2- WHEREAS, the City has determined that the 2016 Allocation can be utilized most efficiently by assigning it to the Authority to issue Revenue Bonds for the purpose of financing the Projects, and that such assignment will advance the City’s objective of increasing the availability of adequate affordable housing for low- and moderate-income persons and families within the city; and WHEREAS, the Council wishes to assign the 2016 Allocation to the Authority, which assignment is to be evidenced by an Assignment of Allocation between the City and the Authority in substantially the form attached and incorporated herein as Exhibit “A” (the “Assignment of Allocation”). 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 assignment to the Authority of the City’s 2016 Allocation of $7,728,500, for use by the Authority for the purposes set forth herein, is hereby approved. Section 3. That the Mayor is hereby authorized to execute the Assignment of Allocation in substantially the form attached hereto as Exhibit “A”, along with such other 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 or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 134 Draft Assignment 8-22-2016 ASSIGNMENT OF ALLOCATION (Multi-family Housing Facility Bonds) This Assignment of Allocation (the "Assignment"), dated this day of , 2016, is between the City of Fort Collins, Colorado (the “Assignor" or the "Jurisdiction") and the Colorado Housing and Finance Authority (the "Assignee"). WITNESSETH: WHEREAS, the Assignor and the Assignee are authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of financing qualified residential rental projects for low- and moderate-income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to finance such projects and for certain other purposes (the "State Ceiling"); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Assignee and other governmental units in the State, and further providing for the assignment of allocations from such other governmental units to the Assignee; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the Assignor has an allocation of the 2016 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2016, (the "2016 Allocation"); and WHEREAS, the Assignor has determined that, in order to increase the availability of adequate affordable rental housing for low- and moderate-income persons and families within the Jurisdiction and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2016 Allocation; and WHEREAS, the Assignor has determined that the 2016 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Assignee to support the issuance of Private Activity Bonds for the purpose of financing one or more multifamily rental housing projects for low- and moderate- income persons and families ("Revenue Bonds"), and the Assignee has expressed its willingness to attempt to issue Revenue Bonds in an amount equal to or greater than the 2016 Allocation assigned herein; and WHEREAS, the City Council of the Assignor has determined to assign to the Assignee all or a portion of its 2016 Allocation, and the Assignee has agreed to accept such assignment, which is to be evidenced by this Assignment. EXHIBIT A 1 Packet Pg. 135 Attachment: Exhibit A (4775 : 2016 Private Activity Bond Assignment - RES) 2 Draft Assignment 8-22-2016 NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, the parties hereto agree as follows: 1. The Assignor hereby assigns to the Assignee $7,728,500 of its 2016 Allocation (the “Assigned Allocation”), subject to the terms and conditions contained herein. The Assignor represents that it has received no monetary consideration for said assignment. 2. The Assignee hereby accepts the assignment to it by the Assignor of the Assigned Allocation, subject to the terms and conditions contained herein. The Assignee agrees to use its best efforts to issue and sell Revenue Bonds in an aggregate principal amount equal to or greater than the amount of the Assigned Allocation, in one or more series, and to make proceeds of such Revenue Bonds available from time to time for a period of two (2) years from the date of this Assignment to finance multifamily rental housing projects located in the Jurisdiction, including the following identified projects: (i) up to $5,000,000 for the rehabilitation of DMA Plaza Apartments, a senior housing project; and (ii) up to $2,728,500 for the construction of Oakridge Crossing, a multifamily senior project; provided such projects otherwise qualify and are approved for financing and/or the allocation of tax credits as may be applicable. 3. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the Assigned Allocation as an allocation for a project with a carryforward purpose, in lieu of issuing Revenue Bonds. 4. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Assignment. 5. Nothing contained in this Assignment shall obligate the Assignee to finance any particular multi-family rental housing project located in the Jurisdiction, subject to paragraph 2 above. 6. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. 7. This Assignment is effective upon execution and is irrevocable. 1 Packet Pg. 136 Attachment: Exhibit A (4775 : 2016 Private Activity Bond Assignment - RES) 3 Draft Assignment 8-22-2016 IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the date first written above. [S E A L] City of Fort Collins, Colorado a municipal corporation ATTEST: By: Name: Title: By: Name: Wade O. Troxell, Mayor APPROVED AS TO FORM: ___________________________________________________ Assistant City Attorney COLORADO HOUSING AND FINANCE AUTHORITY [S E A L] ATTEST: By: Assistant Secretary By: Name: Title: 1 Packet Pg. 137 Attachment: Exhibit A (4775 : 2016 Private Activity Bond Assignment - RES) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Darin Atteberry, City Manager SUBJECT Resolution 2016-073 Setting the Dates of the Public Hearings on the 2017 and 2018 Proposed City of Fort Collins Biennial Budget. EXECUTIVE SUMMARY The purpose of this item is to set two public hearing dates on the proposed 2017-2018 biennial budget. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the regular Council meeting of September 20, 2016. In an effort to receive further public input, this Resolution sets an additional hearing date for the October 4, 2016, regular Council meeting. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 11 Packet Pg. 138 -1- RESOLUTION 2016-073 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING THE DATES OF THE PUBLIC HEARINGS ON THE 2017 AND 2018 PROPOSED CITY OF FORT COLLINS BIENNIAL BUDGET WHEREAS, the proposed biennial budget for the years 2017 and 2018 has been submitted to the City Council by the City Manager; and WHEREAS, Article V, Section 3 of the City Charter requires that, within ten days of the date of the filing of the proposed budget with the City Clerk by the City Manager, the City Council shall set a time certain for a public hearing; and WHEREAS, the City Council wishes to set two hearing dates to receive public input on the proposed 2017 and 2018 biennial budget. 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 public hearings will be conducted by the City Council at the City Council Chambers, City Hall West, 300 Laporte Avenue on September 20, 2016 and October 4, 2016 at 6:00 p.m., or as soon thereafter as the matter may come on for hearing, to receive public input on the proposed 2017 and 2018 City of Fort Collins biennial budget. Section 3. That the notice attached hereto is hereby ordered to be published by the City Clerk in a newspaper of general circulation so as to give timely notice of the public hearings. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of September, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 139 NOTICE OF PUBLIC HEARINGS ON THE PROPOSED 2017 AND 2018 CITY OF FORT COLLINS BIENNIAL BUDGET Notice is hereby given that public hearings will be held in the Council Chambers in City Hall West, 300 LaPorte Avenue in the City of Fort Collins, Colorado, on Tuesday, the 20th day of September, 2016, and Tuesday, the 4th day of October, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing, to receive public input on the proposed 2017 and 2018 City of Fort Collins biennial budget. 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. The proposed budget is on file and available for public inspection at the Office of the City Clerk at City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Dated this 6th day of September, A.D. 2016. City Clerk 1 Packet Pg. 140 Attachment: Notice (4752 : Budget Hearing Dates-RES) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Marc Ragasa, Civil Engineer SUBJECT Second 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 This Ordinance, adopted on First Reading by a vote of 5-0 (Campana recused; Stephens absent) vacates 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (PDF) 2. Ordinance No. 103, 2016 (PDF) 12 Packet Pg. 141 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. ATTACHMENT 1 12.1 Packet Pg. 142 Attachment: First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) Agenda Item 24 Item # 24 Page 2 ATTACHMENTS 1. Vicinity Map (PDF) 12.1 Packet Pg. 143 Attachment: First Reading Agenda Item Summary, August 16, 2016 (w/o attachments) (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) -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. 12.2 Packet Pg. 144 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) -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 12.2 Packet Pg. 145 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) EXHIBIT A 12.2 Packet Pg. 146 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) 12.2 Packet Pg. 147 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) EXHIBIT B 12.2 Packet Pg. 148 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) 12.2 Packet Pg. 149 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) EXHIBIT C 12.2 Packet Pg. 150 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) 12.2 Packet Pg. 151 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) EXHIBIT D 12.2 Packet Pg. 152 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) 12.2 Packet Pg. 153 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) EXHIBIT E 12.2 Packet Pg. 154 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) 12.2 Packet Pg. 155 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) EXHIBIT F 12.2 Packet Pg. 156 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) 12.2 Packet Pg. 157 Attachment: Ordinance No. 103, 2016 (4765 : SR 103 Sidehill/Bucking Horse ROW Vacations) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Lance Smith, Strategic Financial Planning Manager SUBJECT Second 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 This Ordinance, adopted on First Reading on August 16, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) appropriates $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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 16, 2016 (PDF) 2. Ordinance No. 100, 2016 (PDF) 13 Packet Pg. 158 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. ATTACHMENT 1 13.1 Packet Pg. 159 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4763 : SR 100 Boxelder Creek Flood Mitigation Project) 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). 13.1 Packet Pg. 160 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4763 : SR 100 Boxelder Creek Flood Mitigation Project) 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. 13.1 Packet Pg. 161 Attachment: First Reading Agenda Item Summary, August 16, 2016 (4763 : SR 100 Boxelder Creek Flood Mitigation Project) -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 13.2 Packet Pg. 162 Attachment: Ordinance No. 100, 2016 (4763 : SR 100 Boxelder Creek Flood Mitigation Project) -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 13.2 Packet Pg. 163 Attachment: Ordinance No. 100, 2016 (4763 : SR 100 Boxelder Creek Flood Mitigation Project) -3- Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 13.2 Packet Pg. 164 Attachment: Ordinance No. 100, 2016 (4763 : SR 100 Boxelder Creek Flood Mitigation Project) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY September 6, 2016 City Council STAFF Caroline Mitchell, Environmental Planner Jackie Kozak-Thiel, Chief Sustainability Officer Jeff Mihelich, Deputy City Manager Lucinda Smith, Environmental Sustainability Director Susie Gordon, Senior Environmental Planner SUBJECT First Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code. EXECUTIVE SUMMARY The purpose of this item is to consider adoption of the Community Recycling Ordinance (CRO). This ordinance would allow private haulers the option to apply a service surcharge on residential trash and recycling bills; require private haulers to offer optional yard trimming collection to single family customers from April through November for a separate, opt-in fee; require private haulers to provide recycling service to businesses and apartment complexes by 2020; and require grocers to subscribe to compost collection service by the end of 2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste reduction goals. NOTE: Highlighted blanks on page 12 of Ordinance No. 109, 2016, must be completed by adoption of a motion or as part of the vote on the Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff recommends the implementation option whereby 40% of existing, non-recycling multi-family and commercial customers would add recycling by the end of 2018 and the remainder by the end of 2020. BACKGROUND / DISCUSSION In 2013, Fort Collins City Council adopted a goal of recycling or composting 75% of the community’s discards by 2020, leading to an ultimate goal of zero waste. The CRO builds on existing policy and is designed to make progress toward Council’s adopted goals. The CRO consists of four areas: single-family residential trash and recycling billing, optional single-family yard trimmings collection service, recycling for multi-family complexes and businesses, and grocer composting. City Council considered the CRO during work sessions on October 13, 2015, January 26, 2016, and June 28, 2016. The ordinance presented is a reflection of the feedback from these work sessions. City staff also worked closely with Fort Collins trash haulers to ensure the Ordinance is feasible for them (see notes from meetings with haulers in Attachment 11). Specifically, the method for delivering multi-family and commercial recycling was a recommendation from haulers as a way to provide recycling service with minimized administrative burden. 14 Packet Pg. 165 Agenda Item 14 Item # 14 Page 2 Single-Family Pay-As-You-Throw In 1996, Fort Collins adopted a Pay-As-You-Throw (PAYT) ordinance, which applies to single-family residents. It bundles recycling in with the cost of trash service, and requires that trash services be charged by volume by prescribing a percent price difference between the sizes of trash carts. Trash and recycling service in Fort Collins is provided by the private sector, and haulers set their own rates for service - the PAYT provides the framework through which that service is delivered. PAYT has become an EPA-recognized best practice to encourage recycling and reduce waste; over 9,000 communities across the US utilize PAYT. The CRO keeps Fort Collins’ PAYT intact. 1. Service Surcharge The CRO permits a service surcharge, which reinstates a fee that private haulers were able to charge prior to 2009. In order to account for fluctuating costs outside the haulers’ control such as the cost of fuel or charges to deliver recyclables, the CRO enables the haulers to impose a service surcharge of up to 25% of the cost of the smallest trash cart service. Haulers who elect to apply the service surcharge would charge the same amount to all customers, regardless of the size of trash cart to which they subscribe. At current average rates charged by Fort Collins’ haulers, a 25% service surcharge would total around $3 per month. It is not anticipated to have an impact on the amount of material recycled by single-family residents in Fort Collins. 2. Single Family Opt-In Yard Trimming Service The CRO includes a requirement that private haulers who service single-family residents must offer yard trimmings collection from April through November each year starting in 2017. They may charge an extra fee for this service and the service is optional for single family customers. Two of three private single-family haulers currently offer some form of yard waste collection. 3. Business and Multi-Family Recycling According to 2015 reports from Fort Collins’ haulers, 96% of single-family residents subscribe to recycling service, whereas 70% of apartment complexes and 49% of businesses subscribe to the service. An estimated 15,000 additional tons per year of resources could be recycled every year if all Fort Collins businesses and apartment complexes recycled. The CRO requires that haulers provide recycling service to all apartment complexes and businesses by the end of 2020. To ensure progress toward the goal, the CRO proposes establishing interim targets for a percentage of the haulers’ customers to receive recycling service between 2017 and 2020. At the January 26, 2016 Work Session, an option was presented for interim targets of adding 25% of existing customers per year from 2017 through 2020. In recent discussions with the private haulers, they indicated a preference for either no mandatory interim phase-in targets, or an interim target of 40% by 2018 and 100% by the end of 2020.  It is important to note that the Ordinance as presented includes blanks for the required benchmarks from 2017 to 2020 so that City Council will have the opportunity to discuss alternative approaches and make a determination as to the benchmarks to be inserted during First Reading. 14 Packet Pg. 166 Agenda Item 14 Item # 14 Page 3 Number of Customers To Receive Recycling Service Per Year in Phase-In Approaches (Numbers represent all three haulers combined) Phase-in Version Number of Existing, Non-Recycling Business Customers to Start Recycling Number of Existing, Non-Recycling Multi-Family Customers to Start Recycling 25% per year 400 per year 17 per year 40% by end of 2018 650 by end of 2018 950 by end of 2020 27 by end of 2018 40 by end of 2020 none 1600 by end of 2020 70 by end of 2020 The CRO requires that recycling be a minimum of one-third of the overall service (both solid waste and recycling) provided to a business or multi-family customer, unless a variance has been approved for that customer. For example, if a customer receives 6 cubic yards of trash service weekly now, under the CRO that customer would receive at least 2 cubic yards per week of recycling service and 4 cubic yards per week of trash service. Customers can subscribe to more than the one-third minimum of recycling, but must have an approved variance to subscribe to less than one-third. Anticipated cost impact for businesses and apartment complexes is difficult to estimate, but could be 33-50% higher than the cost of trash service alone. However, the cost impact to a specific location (that is not currently recycling) will be significantly impacted by whether they “right size”, or adjust down, their trash service, as demonstrated below: Example of service levels with and without right-sizing recycling Current trash-only service Recycling plus trash, NO right-sizing Recycling plus trash, WITH right-sizing Cubic yards (cy) of service 6 cy of trash service 6 cy of trash service, 3 cy of recycling service 4 cy of trash service, 2 cy of recycling service Overall volume of service provided 6 cy total 9 cy total 6 cy total With adoption of the CRO, City staff would expand the existing Waste Reduction and Recycling Assistance Program (WRAP), which helps businesses and apartment complexes start or improve their recycling programs. WRAP helps with recycling program implementation, and recycling start-up rebates can be used for purchasing indoor recycling bins or other costs to start a recycling program. Because education is very important to successful recycling programs, the CRO includes requirements that haulers provide educational signage for use inside businesses or apartment complexes, as well as recycling decals on recycling containers outside the buildings. To support the haulers and provide consistency across the community, the City has committed to providing the haulers with educational signage for use in the businesses and apartment complexes. The City will also provide the haulers with decals, including pictures of accepted recyclables, for use on outdoor containers. If preferred, the haulers also have the option to generate and use their own educational materials, which would then need to be approved by the City for message consistency. 4. Grocer Composting Over 50% of the material still being landfilled by the Fort Collins community could be composted, such as food scraps, yard trimmings, wood and paper. These materials generate methane when landfilled, which is a potent greenhouse gas. While strong interest remains in creating programs to compost materials from more areas of the community, compost opportunities for single-family homes and restaurants are still developing. However, the compost collection systems for grocers appear to be well developed at this point; 60% of grocers in Fort Collins already compost. Agenda Item 14 Item # 14 Page 4 The CRO code language applies to grocers that dispose of 96 gallons or more of compostable material per week, which is the lowest level of service available. Due to extensive donation and waste prevention activities, Beavers’ Market disposes of much less than 96 gallons of compostables per week and they would not be required to compost under the CRO. Fort Collins grocers that do not currently compost that would be affected by the ordinance include Safeway, Albertson’s and Super Target stores. Staff conducted outreach to these locations, and none of them expressed concern about starting composting. Future Consideration of Residential Organics Collection and Restaurant Composting Residential curbside collection of food scraps and yard trimmings and requiring restaurants to compost were included in the originally-proposed CRO. They have since been removed and delayed for future consideration for the following reasons:  Ongoing analysis of the quantities of food scraps generated in Fort Collins will provide greater accuracy about the volume of material available  Potential new technologies are under consideration, such as increased anaerobic digestion capacity at the Drake Water Reclamation Facility  Regional Planning project in collaboration with Loveland, Larimer County and Estes Park includes a focus on options for composting organics. The first half of a two-season waste characterization of materials landfilled from Fort Collins was completed this spring, and showed that 58% of the residential material and 40% of the commercial / multi-family material landfilled could be composted (see more detail in Attachment 4). It is clear that finding options for composting are essential to meeting the Road to Zero Waste goals as well as greenhouse gas reduction goals. Given the evolving conversations about this topic, staff will return to Council to discuss compost collection for residential generators and restaurants in one year. During the process of drafting the ordinance, a conversation arose regarding the appropriate amount and method for haulers to share information regarding HOA / group account information with City staff. The information is needed for enforcing the PAYT ordinance as well as to enable staff to proactively work with management companies to ensure educational information is distributed to residents in HOAs. Additional discussion is needed to develop a resolution. Staff proposes to revisit this topic next year when organics collection options are discussed. Impacts of programs A summary of the greenhouse gas impacts, diversion from the landfill estimations, and modeled cost for service impacts are included in Attachment 1. Additional Information At the June 28 work session, City Council requested additional information, which is included as attachments. The information includes:  Context for the CRO in relation to the waste stream as a whole, Road to Zero Waste (RTZW) goal and RTZW Plan elements (Attachment 4)  Best practices in recycling education (Attachment 5)  A summary of best practices and lessons learned from Colorado communities with compost programs (Attachment 6)  A compilation of the municipal organization’s waste reduction and recycling programs (Attachment 7)  Information about how the recycling tip fees at the Larimer County Recycling Center are calculated (Attachment 8). 14 Packet Pg. 168 Agenda Item 14 Item # 14 Page 5 CITY FINANCIAL IMPACTS The CRO is implemented by the private sector and is funded by user fees for service. Regulation of haulers under the CRO is expected to be consistent with the current workload for this task and can be accomplished with existing staffing. The City’s Environmental Services Department currently provides education to the community as well as assistance to businesses and apartment complexes through WRAP (described above). To support the new locations starting to recycle, the City has offered to create and pay for educational materials for use inside businesses and graphics-based decals for application on recycling dumpsters to all haulers to use for no charge. To support the haulers and provide consistency of message, the City has also offered to create and fund the annual educational material distributed to residents by haulers. The creation of these materials can be paid for from existing Waste Reduction and Recycling program funds. Enforcement of the CRO provisions by Neighborhood Services staff can be accomplished with existing staffing until 2020, when commercial and multi-family recycling requirements go into full effect communitywide. BOARD / COMMISSION RECOMMENDATION Staff received input in 2015 from the Affordable Housing Advisory Board, Senior Advisory Board, Economic Advisory Board, Natural Resources Advisory Board (NRAB), and Air Quality Advisory Board (AQAB). The NRAB and AQAB have continued to receive updates and participate in discussion of the CRO in 2016. In June 2016, NRAB submitted a memo to Council expressing support for the December 2016 package of CRO elements, which reflects the current package except that it included the single-family curbside organics collection and required restaurant composting. In August 2016, the Air Quality Advisory Board submitted a memo in support of the proposed package and expressing interest in timely progress to further address organics. A summary of memos to Council and minutes from boards and commission meetings regarding the CRO is included in Attachment 10. PUBLIC OUTREACH Extensive public outreach was conducted on the CRO, particularly in the development stages in summer 2015. A comprehensive summary is provided in Attachment 3. Feedback from the open-ended questions in the online questionnaire centered around support for maintaining the bundled recycling / trash service for single-family homes; ensuring that incentives to recycle were maintained; interest in organics collection from single-family homes; and interest in recycling at apartment complexes and businesses. Overall feedback from public outreach was supportive of the CRO, and ASCSU (the CSU student government) submitted a memorandum of support for the project. Outstanding areas of concern for some include potential service cost increases’ impact on housing affordability, space restrictions including small trash enclosures, and expensive asphalt damage due to additional trash truck traffic. Staff also met with trash haulers all together at least seven times and many times individually throughout the project to ensure the options were feasible for them and to integrate their perspectives. Haulers also were members of the advisory group for this project. Results from the 2015 Citizens’ Survey, a statically-significant survey conducted by the City’s Communications and Public Engagement Office showed strong citizen support for recycling initiatives: 14 Packet Pg. 169 Agenda Item 14 Item # 14 Page 6  68% of Fort Collins residents expressed support for prohibiting the landfill disposal of recyclables  60% of residents supported prohibiting yard waste from being sent to the landfill Banning materials from the landfill is a step further than actions being proposed in the CRO, but these results reflect the interest in the community for additional recycling and composting opportunities. ATTACHMENTS 1. Analysis of Elements of Community Recycling Ordinance (PDF) 2. Summary of Draft Changes to Code Language for Community Recycling Ordinance (PDF) 3. Public Engagement Summary (PDF) 4. Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and Plan (PDF) 5. Recycling Education Best Practices (PDF) 6. Information Regarding Composting in other Colorado Communities (PDF) 7. Municipal Recycling Progress Summary (PDF) 8. Information Regarding the Calculation of Recycling Tip Fees (PDF) 9. Sustainability Assessment Summary and Tool (PDF) 10. Summary of Board and Commission Meeting Memos, Resolutions, and Notes (PDF) 11. Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (PDF) 12. Work Session Summary Memos Regarding Community Recycling Ordinance (PDF) 13. Chapter 15, Article XV of City Code, redlined to show changes (PDF) 14. Powerpoint presentation (PPTX) 14 Packet Pg. 170 1 Comparison & Analysis of Elements of Community Recycling Ordinance Estimated diversion impact, progress toward 2020 Road to Zero Waste (RTZW) goal Estimated GHG impacts (MTCO2E), progress toward 2020 CAP goal Estimated cost to user (monthly) Comments Single-family service surcharge equal to up to 25% of cost of smallest cart rate No likely impact on diversion None Up to $3-4 Allows haulers to cover cost of fluctuating items such as fuel or fee to deliver recyclables. Multi-family / commercial: requiring recycling be at least 33% of overall service o 15,000 tons o 4.2 percentage point diversion rate increase o 25% of tons needed for 2020 goal o -12,740 tons o 5.1% of reductions needed to meet 2020 CAP goal Additional 33% to 50% cost / customer (for those not already recycling) Would include process to opt-out if location self- hauls recyclables or otherwise can’t recycle. Require haulers to provide optional yard trimmings collection from all single-family homes o 400 tons o 0.1 percentage point diversion rate increase o 1% of tons needed for 2020 goal 1 Summary of DRAFT Changes to Code Language for Community Recycling Ordinance Change in code language Reason for change Changes Impacting Single-Family Residential Service Clarifies that a small capacity trash container (30-39 gal) option is required §15-412(c)(1) Provides greater clarity Allows service surcharge up to 25% the cost of the smallest trash can §15-412(e)(2) Reinstates pre-2009 fee to pay for fluctuating costs such as fuel or recycling fees Haulers must send City-provided recycling guidelines and information about pay-as-you-throw to customers once / year. Information must be sent in paper form to customers receiving paper bills or service calendars. Customers who receive all electronic communications can receive information electronically §15-413(d)(1) Haulers have been required to send residents educational information for many years. In order to support the haulers and ensure consistency of information to residents, the updated ordinance requires the educational materials sent out by the haulers be created and funded by the City. Homeowner’s Association and other group service contracts must be in writing, be kept on file, and be available for review by City staff or designated auditors §15-412(c)(2) and 15-420(d) Allows City to follow up on complaints and requires documentation consistent with enforcing the ordinance Amount of recycling included in basic service is equal to two large capacity (90-99-gallon) containers §15-413(a)(1) Prevents residents from putting out excessive amounts of recycling for no additional fee, which currently causes issues for haulers Hauler can require residential recycling to fit inside cart if customer has 2 large capacity containers §15-413(a)(2) Allows for automated collection of recycling carts – if all recycling is in a cart, hauler’s staff doesn’t have to exit truck to service the cart Hauler must offer yard trimmings collection service as of 4/1/2017. Can charge separate fee for service §15-414(a) Allows all residents access to yard trimmings collection service, no matter the hauler they select Yard trimmings can’t be landfilled – have to be composted or mulched §15-414(c) Clarifies appropriate uses for yard trimmings collected Changes Impacting Grocery Stores By December 31, 2017, grocers must have compost collection service for food scraps §12-23(a) All grocers will have compost collection service, consistent with Road to Zero Waste Plan and council-adopted goals for waste reduction and greenhouse gas reduction Applies only if store disposes of more than 96 gallons of food scraps per week §12-23(a) 2 Changes Impacting Multi-Family and Commercial Service Requires hauler to provide recycling with trash service by end of 2020 (not required to bundle costs – recycling can be charged as separate fee) x Recycling must be at a minimum 33% of total solid waste and recycling service volume §15-413(b)(3) All multi-family and commercial customers will have recycling service, consistent with Road to Zero Waste Plan and council-adopted goals. Method for delivering the service with minimum recycling requirement was suggested by haulers as way to achieve goals with less administrative burden. Haulers are required to provide recycling service to at least xx% of their existing non-recycling customers per year from 2017 to 2020 (pending further input from Council) §15-413(b)(3) Ensures progress toward 2020 requirement for all multi-family and commercial locations to have recycling If customer refuses recycling service, but does not qualify for any variance, customer still has to pay for recycling service §15-413(b)(3) Provides clarity that customers aren’t required to use recycling service, but must pay for service (similar to residential pay-as-you-throw) Customers can apply for a variance for the following reasons: x Space constraints, self-haul their recyclables x Contracts separately for recycling services (not provided by solid waste provider) x Recycling bin location would be unsafe to service x Doesn’t generate recyclables o If customer doesn’t generate recyclables of at least 33% of total volume of waste and recycling, but does generate at least 96 gallons / week of recycling, the customer is required to have the level of recycling service equivalent to what the customer generates. §15-413(b)(3)(i) Outlines exceptions to the ordinance Customers apply for variances with City; approval or rejection of variance shared with customer, hauler x If variance rejected, hauler must charge for solid waste and recycling services without cost reduction x If variance approved, rate may be reduced to exclude charges for recycling §15-413(b)(3)(i) Clarifies process for variances Variance would be valid for 5 years, at which point customer could apply again if situation remains §15-413(b)(3)(iv) Clarifies effective length of time for variance Haulers provide customers with recycling guidelines signage for use in facilities x Can use own materials if City-approved or can use City- provided materials §15-413(b)(5) Ensures following best practice of providing educational material where needed, especially for those new to recycling 3 Administrative Changes Minor edits made to a number of definitions §15-411 Clarity and simplicity; some necessary to implement new provisions outlined above Includes haulers of yard trimmings, food scraps and recyclables in definition of “collector”, which has effect of requiring a license for any company collecting trash, recycling, yard trimmings or food scraps §15-411 Allows for enforceability of ordinance on collectors of all materials Adds language clarifying that carts can be placed on the street side of the curb for servicing, except if on arterial street or cart would block bike lane (permitted by City Code §23-46) §15-411 Allows haulers to service bins from most efficient location for automated trucks Adds definition of food scraps usage hierarchy for use in designating materials as compostable locally and clarifying that food donation is preferred over composting food §15-411 Ensures that ordinance is not interpreted to require food be composted that could have been donated Defines volume categories for sizes of carts §15-411 Retains intent of ordinance but allows haulers freedom to use carts from various manufacturers, which have slightly varying capacities Adds hierarchy of materials management definition for use in City Manager’s designated recyclables list §15-411 Provides consistency with other communities and baseline for determining whether a material is recyclable locally City Manager shall update designated recyclables list by October 1st each year §15-416(a) Moves date up from current Nov. 30 – allows time for haulers to adapt to any changes before determining next years’ rates Haulers must provide on licensing application information about organics collection program and how it fits with regulations §15-417(a) Similar to current requirements for recycling service, allows for enforcement of ordinance Haulers must include amounts of yard trimmings collected as part of tonnage reporting §15-420(a), (g) Similar to current requirements for recycling service, provides consistency in ordinance 14.2 Packet Pg. 174 Attachment: Summary of Draft Changes to Code Language for Community Recycling Ordinance (4782 : Community Recycling) Page 1 PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE: Community Recycling Ordinance OVERALL PUBLIC INVOLVEMENT LEVEL: Collaborate with key stakeholders to develop new policy recommendations based on community feedback. BOTTOM LINE QUESTION: What is important to keep about our current recycling system Fort Collins and which next steps are of most interest in meeting our waste reduction goals as a community? Stakeholder Group Presentations / Meetings All Property Services, July 16, 2015 Sustainable Living Association, July 21, 2015 Chamber of Commerce LLAC, July 24, 2015 League of Women Voters, July 30, 2015 ASCSU Community Affairs, Aug. 4, 2015 ClimateWise Members, Aug. 11, 2015 Multi-Family Managers, Aug. 11, 2015 Northern CO Clean Cities Coalition, Aug. 17, 2015 CSU Executive Faculty Committee, Aug. 25, 2015 North Fort Collins Business Assoc’n, Aug. 26, 2015 South Fort Collins Business Association, Sept. 8, 2015 City Issues and Answers, Sept. 10, 2015 Northern CO Rental Housing Assoc’n, Sept. 15, 2015 CSU President’s Sust. Committee, Sep. 21, 2015 Chamber of Commerce LLAC, Nov. 20, 2016 Updates at Northern CO Rental Housing Association Meetings March, April, May 2016 Chamber of Commerce LLAC, July 15, 2016 City Boards and Commissions Presentations Affordable Housing Advisory Board, Aug. 6, 2015 Senior Advisory Board, Sept. 9, 2015 Economic Advisory Board, Sept. 16, 2015 Natural Resources Advisory Board, Sept. 16, 2015 Air Quality Advisory Board, Sept. 21, 2015 Natural Resources Advisory Board, Dec. 16, 2015 Natural Resources Advisory Board, June 15, 2016 Air Quality Advisory Board, June 20, 2016 Meetings with Fort Collins haulers (In addition to advisory group meetings which included Fort Collins’ haulers) Aug. 11, 2015 Individual meetings week of Sept. 28, 2015 Nov. 6, 2015 Nov 17, 2015 Dec. 22, 2015 Individual meetings Apr. 5-18, 2016 May 19, 2016 May 23, 2016 Aug. 3, 2016 PUBLIC ENGAGEMENT CONDUCTED: 2015 Public Meetings ͻ June 30, 6:30 p.m., 215 N. Mason St. Community Room ͻ July 1, 11:30 a.m. Senior Center ͻ August 11, 6:30 p.m. Council Tree Library ͻ August 12, 11:30 a.m. Chamber of Commerce ͻ December 17, 4:30 p.m. 215 N. Mason St. Page 2 Advisory Boards External Advisory Board (met in 2015: June 22, July 21, Aug. 5, Aug. 12, Aug. 24, Sept. 14) Members: x Bob Mann, Natural Resources Advisory Board x Joe Piesman, resident x Sarah Gallup, resident x John Drigot, Poudre Valley Hospital x Stacey Baumgarn, CSU x John Holcomb, Poudre School District x Ray Meyer, Ram Waste x John Puma, Ram Waste x JP Puma, Ram Waste x Matt Gallegos, Gallegos Sanitation x John Newman, Waste Not x Todd Noe, Waste Management x Rich Morford, Waste Management x Scott Hutchings, Waste Management x Pete Gazlay, Total Facility Care & Chamber of Commerce LLAC President x Carrie Gillis, multi-family property management, Chamber of Commerce LLAC member x Stephen Gillette, Larimer County Solid Waste x Hunter Buffington, Sustainable Fort Collins x Mary Anderson, Sierra Club x Georgia Locker, League of Women Voters x Ginny Sawyer, facilitator Internal Advisory Board (met in 2015: May 27, July 23, Aug. 5, Aug. 26, Sept. 28) Members from: Communications and Public Involvement, Social Sustainability, Economic Health, Finance, Utilities Customer Accounts, City Attorney’s office. Summary of Feedback from Online Questionnaires, Summer 2015 Two online questionnaires were posted during the development phases of the CRO. The questions for both were intentionally open-ended to ensure the responses reflect the issues most important to respondents. The respondents were self-selected and the summary provided is not statistically significant. The first survey asked what respondents would keep about Fort Collins’ current recycling systems, what they would change, and which programs should apply to which sectors of the community. The second survey asked which elements of the proposed CRO respondents liked or disliked about the CRO and why. Both surveys asked the main message the respondent would like to share regarding recycling in Fort Collins. Key themes from questionnaire #1 (172 responses) x Supportive of including multi-family properties in recycling (103) x Supportive of including commercial properties in recycling (100) x Add curbside yard waste collection (51) x Like the current Pay-As-You-Throw system (41) o keeping recycling and trash service bundled / not paying extra for recycling x Would like recycling picked up weekly (24) x Offer a free yard waste drop-off (13) x Want more education (15) Key themes from questionnaire #2 (76 responses) x In favor of both yard waste and food scraps curbside collection (35) x Inclusion of multi-family and commercial 1 Context for the Community Recycling Ordinance Project Related to Overall Waste Generated and Adopted Goals Percentage of Waste Stream Impacted by Community Recycling Ordinance (CRO) The Community Recycling Ordinance (CRO) has an important role in addressing the community’s waste diversion goals. It fits into programs that were recommended in 2013’s Road to Zero Waste (RTZW) Plan. The chart above shows that up to 60% of the waste generated by Fort Collins could be impacted by the CRO. The 2020 RTZW goal calls for 75% diversion rate and limiting waste generation to 3.5 pounds/day/capita. For Fort Collins to meet this goal, 60,000 additional tons will need to be diverted from landfill disposal. As the following chart shows, the CRO will divert an estimated 16,050 additional tons by: x Expanding commercial and multi-family recycling (15,000 tons) x Expanding seasonal single-family yard trimming collection (400 tons) x Requiring composting for grocery stores (650 tons). NOT Impacted by CRO 40% Impacted by CRO 60% Tons Landfilled by Sector in 2015 Residential 32% Industrial 40% Commercial 28% ATTACHMENT 4 14.4 Packet Pg. 177 Attachment: Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and Plan (4782 : Community 2 CRO Role in Progress to 2020 Road to Zero Waste Goal of 75% Diversion Beyond the new 16,050 tons of waste diversion that will result from the CRO, Fort Collins will need to apply strategies for diverting an additional 43,950 tons to reach its 2020 goal. As identified in the Road to Zero Waste Plan, other initiatives that could be investigated include: x Year-round collection of single-family yard trimmings and food scraps (19,000 tons) x Required food scrap collection from restaurants (25,000 tons) x Develop construction and demolition debris separation/recycling facility (18,000 tons) x Develop a reuse warehouse (5,000 tons) x Create a sweeping “culture change” in the community that incorporates awareness, education, training, reinforcement/compliance with adopted City ordinances, etc. (45,000 tons). 14.4 Packet Pg. 178 Attachment: Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and Plan (4782 : Community 3 How CRO Fits in to Current & Planned Road to Zero Waste Projects The RTZW Plan lays out a schedule for new programs and initiatives through 2020. The CRO, which the Plan described as a “universal recycling ordinance,” is on-schedule. Regional wasteshed planning that is underway now will help address a number of other recommendations from the Plan. Construction of the new Timberline Recycling Center is another project described in the Plan that is occurring on-schedule. A number of other recommendations from the RTZW Plan, such as establishing a grants/revolving loans program, and applying additional disposal bans (such as yard trimmings) have not yet been undertaken. Fort Collins monitors which materials are landfilled by category. The CRO addresses important categories such as yard debris, conventional “curbside” recyclables, and food scraps. Other types of materials that will need to be addressed through future initiatives include plastic film, textiles, construction and demolition debris, metal, and additional organic materials. In 2016, the City has commissioned a two-season waste characterization of the materials from Fort Collins being disposed of in the Larimer County Landfill. One half of the study has been completed, in May 2016. The second half will be completed in October 2016. Results from the spring analysis are shown on the following page, and reflect a snapshot of the material being landfilled by the community. Projects to Achieve Road to Zero Waste Goals Policy Regional Wasteshed Planning Long-term plan Community Recycling Ordinance Potential residential and commercial organics policy Education Ongoing education to residents, businesses Potential volunteer program for enhanced outreach capability Infrastructure Timberline Recycling Center Compost facility / transfer station? 14.4 Packet Pg. 179 Attachment: Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and Plan (4782 : Community 4 Food Scraps 24% Yard Trimmings 23% Other Compostables 11% Recyclable Containers 8% Recyclable Paper 5% Film Plastic 4% Scrap Metal 3% Other 22% Residential Food Scraps 18% Yard Trimmings 8% Other Compostables 14% Recyclable Recyclable Containers 11% Paper 5% Film Plastic 4% Scrap Metal 3% Other 33% Commercial & Multi-Family Compostable= 40% Recyclable = 27% Analysis of Materials Landfilled by Fort Collins Community, Spring 2016 Compostable= 58% Recyclable = 20% 14.4 Packet Pg. 180 Attachment: Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and Plan (4782 : Community Recycling Education Best Practices A request was made by City Council at the June 28 work session for additional information regarding best practices in recycling education. After conducting research into national best practices, the following emerged: x Simple, graphics-based materials work best o Clear no matter the language someone speaks o Doesn’t require reading x Provide broad recycling reminders and basic recycling guidelines education to community on regular basis o Provide paper recycling guidelines to hang next to recycle bin o Keep detailed information available on website x Variety of education methods important o Print o Social media o In-person x Frequency important – people need to see messages multiple times x Many communities spend $1-$1.50 / capita / year on recycling education x Important to place recycle bin next to trash bins, label both bins with graphics-based guidelines o Consistent color-coding of bins very helpful ƒ Blue = recycling ƒ Black / grey = trash ƒ Green / brown = compost ATTACHMENT 5 14.5 Packet Pg. 181 Attachment: Recycling Education Best Practices (4782 : Community Recycling) 1 Information on Other Colorado Communities’ Residential Organics Collection Programs Staff looked at four different communities in Colorado that offer some version of residential organics collection and interviewed them about aspects of their programs that have made them successful, the challenges they’ve faced and what methods they’ve used to overcome challenges. Reports from Other Communities’ Successes Loveland x Has offered yard debris collection program for 12 years and is very popular x Convenience of curbside yard debris collection program o Even though customers have unlimited free use of the Loveland’s green waste drop-off site, 44% of households are willing to pay $8.00/month to have a 96-gal yard-debris cart collected each week (April 1 through November 30) Lafayette x Mandatory participation x An event held every spring that provides residents with free compost x A limited number of free bulk pickups of yard debris x Open houses and mailings during the kickoff of the program City and County of Denver x Providing participants with a kitchen pail for food scraps along with their collection cart x Strong interest from the public Longmont has approved a voluntary curbside organics collection that will begin in April 2017. Universal Challenges and Solutions from Other Communities x Aesthetics (fear of smell, attracting animals, food scraps sticking to the insides of bins, etc.) is a challenge Denver and Lafayette report having had to work to overcome o Solutions found: ƒ Education that this same material is already being disposed of in the trash bin and is just moving to another bin can be helpful ƒ Suggesting residents always put out bin for servicing, even if not full ƒ Weekly servicing of bins x Denver originally had every week service in summer and every-other week service in winter, but is switching to every week service year ‘round x Hauling distance is a challenge for Denver (their processor is located in Erie) ƒ Solution in progress; looking into the option of building a transfer station. x Challenge of transitioning to a new program o Solutions: ƒ Education: Lafayette did open houses and mailings at program kick off ƒ Time: Lafayette said after a year and a half of requiring the service that people are becoming used to the program. x Cost of the program is usually higher than that for landfilling ATTACHMENT 6 14.6 Packet Pg. 182 Attachment: Information Regarding Composting in other Colorado Communities (4782 : Community Recycling) 2 Other Situational Challenges Relevant to Fort Collins x Loveland continues to watch for the opportunity to add food scraps to the yard-debris organics program. They will need to work out logistical issues for handling the combined stream once it gets back to the yard, before it gets trucked to an A-1 Organics facility. x Longmont’s yard debris collection program will include branches, so may include ash tree material. The Emerald Ash Borer quarantine in Boulder County prohibits the transport of unprocessed ash trees outside the quarantine area, which has been a factor in Longmont determining where to deliver their materials. Conclusions Communities around Colorado and the world have been adopting residential organics collection programs for many years. In 2015, 198 communities in the United States were identified as having residential food scraps collection1 and many others have well-established yard debris recycling programs. While there are challenges that arise, municipalities have been able to figure out solutions; Fort Collins staff has been unable to find any cases where a program was discontinued because it was unsuccessful. 1 https://www.biocycle.net/2015/01/15/residential-food-waste-collection-in-the-u-s-2/ 14.6 Packet Pg. 183 Attachment: Information Regarding Composting in other Colorado Communities (4782 : Community Recycling) Municipal Recycling Progress The purpose of this information is to provide an overview of City of Fort Collins municipal recycling activities and progress in response to recent questions from City Council and the City’s Executive Leadership Team, including: x What is the City doing to advance municipal recycling? x What is the City’s municipal waste diversion rate? Background The City generates three streams of waste: x Office - discarded “office” material from administrative buildings, shops, warehouses, and utility plants; typically hauled by private company (current contract is with Waste Management) x Industrial - industrial byproducts from activities such as street sweeping, storm water detention pond clean-outs, and repair/maintenance of water and sewer pipes; (landfill portion typically self-hauled by City trucks) x Public - material that is deposited by the public in waste containers at parks, natural areas, and recreational facilities (including illegally-dumped items). The City’s waste diversion activities are guided by the Administrative Policies Sections 3.2 through 3.4 that require proper recycling of electronic waste, provide procurement guidelines to select lower life- cycle impact goods and services, and outline resource conservation measures to reduce the amount of waste generated. Regulated wastes such as fluorescent bulbs, chemicals and pesticides are handled through the City’s Environmental and Regulatory Affairs staff in accordance with local, state and federal laws. In 2009, the City set the following goals for municipal solid waste reduction: x Reduce solid waste from public access facilities by 5% each year; x Reduce solid waste from municipal workplaces, and from offices by 10% by weight each year; x Reduce solid waste from each industrial byproduct at least 10% each year. In addition to the organization-wide goals, many City departments have developed departmental goals and programs to address their unique streams of waste. A directory for municipal recycling of numerous items is included at the end of this summary. Municipal Waste Diversion Progress Summary The City contracts with Waste Management to provide recycling for City office materials. City staff track and report municipal waste diversion progress annually as part of the Annual Municipal Sustainability Report. (See http://www.fcgov.com/sustainability/pdf/2014-Municipal-Greenhouse-Gas- Report-web.pdf for the 2014-2015 report.) In 2015, the City of Fort Collins landfilled 18,640 tons of material, and achieved an 87% diversion rate for industrial waste and a 31% diversion rate for municipal office waste. The tables below summarize the types of municipal trash and recycling, the diversion rates, and progress towards established municipal goals. 1 ATTACHMENT 7 14.7 Packet Pg. 184 Attachment: Municipal Recycling Progress Summary (4782 : Community Recycling) Table 1. Municipal Discards Types and Waste Diversion Rates Table 2. Progress Towards Municipal Waste Reduction Goals ** 2015 increase due to one time disposal of concrete with rebar that needed to be disposed of prior to land purchase. Through programs like Hoffman Mill Crushing Facility and the Waste Innovation Program, discussed below, the City is making great progress in reducing its largest source of waste, industrial products, with an 87% diversion rate. Municipal Recycling and Compost Programs Industrial wastes - The Hoffman Mill Crushing Facility provides a best practice facility that recycles asphalt, concrete, porcelain, and clean rock and dirt, saves the City saves money by not incurring landfill fees, and is beneficial to the environment by reducing landfill accumulation and extending the useful life of aggregates and raw material sources. In 2015, emissions reductions from Hoffman Mill were 5,578 MTCO2e and the City earned a profit of $297,192 through the sale of aggregate road base material to the public and industry. Organics composting - Select City buildings have compost services, compost bins, or use green cones to compost food scraps. A new municipal composting site is being built in 2016 at Hoffman Mill. It will accept up to 100 tons of green waste generated from City parks and facilities (such as yard trimmings, leaves, branches, etc.) per year for composting. The compost made at this site will be used in City parks. Recycling at City Facilities x City office buildings - All City buildings have recycling. The municipal office standard is a small “Starve your Trash” waste container and larger recycling container at each work space, and large recycling bins in copy rooms and meeting rooms. x Parks - Parks has set a 1:1 trash/recycling container goal for all parks, trails, facilities, and downtown. Currently Parks has 1.2 trash containers for every recycling container in all parks, has met the 1:1 goal along the trails, and is working on completing 1:1 at all facilities. Type Tons Waste Landfilled in 2015 Tons Recycling in 2015 Diversion rate in 2015 Office 544 241 31% Industrial 17,718 121,189 87% Public 378 Can't track recycling volumes separately Can't track TOTAL 18,640 Type Municipal Trash Reduction Goals 2014 to 2015 % Change Average % Change: 2010-2015 Office Reduce 10% per year, by weight Dropped 17% Dropped 5%/year on average Industrial Reduce at least 10 % per year Increased by 64%** Increased 3% per year on average Public Reduce 5% per year Increased by 16% Increased 10% per year on average 2 14.7 x Golf - City Park 9 and Collindale Golf Courses have achieved the 1:1 trash/recycling goal. The Parks Department submitted a grant request to the Waste Innovation Program to help complete the 1:1 trash/recycling goal at Southridge Golf Course. x Natural Areas –Trash and recycling receptacles are available at all Natural Area trailheads. x Transfort/Max – Recycling is provided on all MAX busses. Recycling containers are on order for all MAX bus stops and will be installed by the end of 2016. The Transfort Bus Stop Design Guidelines adopted by City Council in 2015 call for recycling at certain level of Transfort stops. Transfort staff is now considering how to implement this. x Parking Garages – Recycling will be available in all parking garages by the end of 2016. x Downtown Restrooms- Recycling opportunities are very limited in these facilities due to space constraints and high potential for contamination of paper towels, etc. Staff is weighing the pros and cons of providing recycling in downtown restrooms, and note that recycling facilities are available to the public in several downtown public spaces. Recycling at City Events Recycling and composting is provided at major City events such as the employee picnic, Chili Cook Off, the annual holiday party, etc. Departments are encouraged to strive for zero waste meetings and events. The City’ internal sustainability web page provides extensive guidance on recycling at http://citynet.fcgov.com/recycling/ Innovation Funding Waste Innovation Program Under a long-standing agreement with the Larimer County landfill, the City is not required to pay tipping fees when self-hauling material to the Larimer County landfill. The Waste Innovation Program (WIP) was developed in 2010 to assist the City in reaching waste diversion goals in its own operations by creating a pool of funding to prevent/divert waste that is “self-hauled” by 10 departments that routinely haul (15-20K tons/year) their own waste directly to the Larimer County landfill. These departments pay the equivalent of what they would have been charged in landfill tip fees to the WIP. Projects are solicited from across the City organization and evaluated by an inter-departmental Waste Stream Team with responsibility for approving expenditures from the WIP. The table below lists the projects funded through the WIP to date. Table 3. Waste Innovation Program Year Project Budget 2010 Forestry pilot wood grinding $ 25,000 2011 Composting feasibility study at Roselawn Cemetery $ 1,450 2013 30 recycling “Wastewatcher” stations $ 9,070 2013 Soils recovery equipment $ 173,694 2013 Waste audit at Drake Water Reclamation Facility $ 5,000 2014 Power Screen at Hoffman Mill Rd $ 84,000 2016 Municipal composting facility at Hoffman Mill Road $ 85,000 Total Spent to Date $383,214 Current Unspent Fund Balance $ 94,024 Municipal Innovation Fund Additional waste diversion projects have been funded through the City’s Municipal Innovation Fund, Including tree inventory and mulching, and pet waste composing pilot project. 3 14.7 Packet Pg. 186 Attachment: Municipal Recycling Progress Summary (4782 : Community Recycling) Next Steps to Advance Municipal Recycling To further advance municipal recycling, the following steps are planned; x Complete a Municipal Roadmap to 2020 that identified strategies to achieve a 20% reduction in municipal greenhouse gas emissions below 2005 levels. Trash constitutes 18% of the municipal 2015 GHG emissions, and the Roadmap will identify additional strategies for waste diversion. x Revise the City’s municipal new building standards to explicitly require recycling in all new City facilities. The City has a requirement to meet LEED Gold for any building over 5,000 sf feet, and that typically requires recycling to be present. However, in 2016, the City’s building specifications will be modified to explicitly require recycling in all new buildings. 4 14.7 Packet Pg. 187 Attachment: Municipal Recycling Progress Summary (4782 : Community Recycling) 2016 Internal Directory for Recycling Non-Traditional Items *Cost for recycling ^ Call before to make an appointment ~Company will provide bins for material collection Can’t figure out how to recycle an item? Call Environmental Services at #970-221-6600 Medical Eye Glasses (prescription, sunglasses, safety glasses, etc.)- Risk Management, 215 N. Mason 2nd floor (to get a collection bin contact: Jim Pierce) Medications (prescription & over-the-counter)- place in drug kiosk in lobby of Fort Collins Police Services ^Syringes/Sharps- (place sharps in approved bio-hazard container before transporting)- Fort Collins Police Services Electronics & Office Supplies American Flag- Downtown Ace Hardware flag recycling bin *^Batteries (alkaline/single use & button battery)- EasyPak or Loomis Warehouse (button batteries: bag batteries together) Re-Chargeable Battery (Ni-Cd, Li-Ion, SSLA/Pb, Ni-MH, Ni- Zn) – Call 2 Recycle Books- Recycle That Bulky Plastic (шϮ͘ϱ gallon): ~Goodwill (onsite pickup) or ^Parks Recycling Rows Cell Phones (not City owned)- Call 2 Recycle City Data Devices (computers, phones, etc.)- IT *^E-Waste (TV, printer, computer monitor, fax machines, VCR/DVD, radios, circuit boards, cords, computer mouse, keyboard, etc.)- Goodwill (onsite pickup) or Loomis Warehouse. IT will take all City owned E-waste ^Fire Extinguishers- Loomis Warehouse ^Fluorescent Light Tubes & Ballast –Loomis Warehouse ^Light Bulbs (CFL, tube, LED)- Loomis Warehouse ^Ink Cartridges & Laser Cartridges - JACO Office Supplies (paper, notebooks, binders, etc.)- check if other departments can use the supplies, utilize BargainBox for posting, or Goodwill/thrift stores *~Paper Shredding Service- Waste-Not Recycling, Shred-It Shredded Paper- City Recycling Drop-Off Facility Plastic Film- City Recycling Facility (contact Susie Gordon for key) ^Toner Bottles & Tubes- JACO Food Scraps Garbage Disposal- ok to put food scraps down the disposal Onsite Composting- use Green Cones, compost bins, or Earth Tubs (for help contact Environmental Services) *~Pickup Service- Gallegos Metal ~Aluminum Cans- RMB ~Barbed Wire, T-Posts- RMB ~Copper, Aluminum, Steel- RMB Household *Air Conditioner, Freezer, Refrigerator (items with Freon)- Colorado Iron & Metal ($15/item) ^Carpet- Northern Colorado Carpet ^Carpet Padding (rebond foam and foam pads)- Northern Colorado Carpets or Brinkers Coffee Machine, Microwave, Toaster, Toaster Oven- Non- Working: RMB. Working: Loomis Warehouse Dishwasher, Oven, Washer & Dryer, Hot Water Heater- RMB City Furniture (chairs, tables, lamps, etc.)- Loomis Warehouse 2016 Internal Directory for Recycling Non-Traditional Items *Cost for recycling ^ Call before to make an appointment ~Company will provide bins for material collection Can’t figure out how to recycle an item? Call Environmental Services at #970-221-6600 Automotive Bikes & Bike Parts (tubes, wheels, seats, frames, etc.)- Fort Collins Bike Co-op Antifreeze (used)- Fleet or *Clear Choice Antifreeze Automotive, UPS, & Wet-Cell Batteries (lead acid batteries)- Fleet or Interstate Battery Mixed Oil & Gas (hazardous waste)- Keep in a closed container, label, & contact Errin Henggeler for disposal Motor Oil- Fleet Spill Kit Material- Gas: Keep in a closed container, label, & contact Errin Henggeler for proper disposal, Oil, Diesel, etc: once material is dry (Paint Filter Test) place items in trash Tires-Fleet Construction and Yard Waste Asphalt- City Crushing Facility Concrete (no wire or rebar)- City Crushing Facility Dirt- City Crushing Facility *Leaves, Grass Clippings, Garden debris- Hageman Earth Cycle Mixed Dirt, Sod, and Rock- City Crushing Facility Plastic Flowers- BargainBox on CityNet or Goodwill Plastic Pots- ш2.5 Gallon: Collect & haul to Loveland Bulky Plastic Bin, чϮ͘ϱ Gallon- single stream recycling, Gardening Pots: return to nursery PVC Pipes- BargainBox on CityNet Rock, Stone, or Pavers- City Crushing Facility Wood Branches, Mulch & Trees- City Crushing Facility Location Contact Name Contact Info Email/Notes 700 Wood St. Warehouse Steve Serna 970-221-6709 sserna@fcgov.com ^Brinkers, 1418 E. Magnolia Dale Brinkers 970-484-7200 dale@brinkers.us, Deliver items to blue dumpster ~Call 2 Recycle Customer Service 877-723-1297 Enroll online:www.call2recycle.org/ City Crushing Facility 1380 Hoffman Mill Rd. Doug Gudenkauf 970-692-4835 dgudenkauf@fcgov.com City Recycling Drop-Off Facility, 1702 Riverside Ave Environmental Services 970-221-6600 Open 7 days a week during daylight hours ***Moving to 1903 S. Timberline Rd in late August ~Clear Choice Antifreeze Customer Service 1-800-817-3216 Provide bin & pick up service Colorado Iron & Metal 903 Buckingham St. Dan Garvin 970-530-0300 dangarvin@coloradoironmetal.com ~EasyPak Errin Henggeler 970-416-2320 ehenggeler@fcgov.com, Contact for Hazardous Waste items Eco-Cycle, 6400 Arapahoe, Boulder Customer Service 303-444-6634 x0 More information: www.ecocycle.org/charm Fleet, 835 Wood St. Shane Armfield 970-221- 6290 sarmfield@fcgov.com Fort Collins Bike Co-Op 1501 N College Ave Customer Service 970-484-3804 info@fcbikecoop.org (Dondi Barrowclough) Ft Collins Police Services 2221 S. Timberline Rd. Dean Cunningham 1 Process for Determining “Tip Fee” at Larimer County Recycling Plant On August 8, the Leadership Planning Team requested information about how the tipping fee is determined at the recycling plant, and how the fee is audited, as part of discussions about the Community Recycling Ordinance at the City Council’s September 6 meeting. The Materials Recovery Facility (MRF), which was built at the Larimer County landfill in 1992 to process recyclable materials, is wholly owned by the County. Operations are contracted to Waste Management/Recycle America. The corporation has held the contract since 2005; it was renewed January 2015. The contract includes a formula for how a monthly “tipping fee” is set for how much it costs to drop off single-stream recyclables at the plant. Each month, the contractor submits a proprietary “Blended Stream Value” spreadsheet to Stephen Gillette, the Solid Waste Director for Larimer County that shows: 1. market values for each of the commodities in the single-stream mix, using prices from the prior month that are listed in a commodity index (often the Southwest OMB publication) a. Corrugated Cardboard a. Mixed Paper b. Natural HDPE (plastic) c. Colored HDPE (plastic) d. PET (plastic) e. Steel/Tin f. Aluminum g. Other Plastic h. Colored/mixed Glass 2. Per ton costs of processing single-stream at the Denver MRF ($110.75 per ton) where the material is delivered 3. proportion, by weight, of each commodity in the single-stream, based on quarterly site audits of the Denver MRF a. An average of the past five quarters’ data is used to prevent sampling anomalies b. Includes “residue” (non-recyclables) in single-stream, which has a negative value. Mr. Gillette researches published prices on-line each month to compare to the prices that Waste Management/Recycle America’s uses in the Blended Stream Value calculation. Larimer County also routinely uses a financial auditor to ensure appropriate commodity prices are being reported. Larimer County posts the monthly tipping fee for recyclables, as well as the prices being paid for source- separated commodities, on-line at https://larimer.org/solidwaste/charts/Current.htm. The tipping fee, which was first introduced in January 2015, rose to a high of $45.88 in March of 2016 but has been dropping since then. In September, the tipping fee will be $21.42 per ton of single-stream recyclables. ATTACHMENT 8 14.8 Packet Pg. 190 Attachment: Information Regarding the Calculation of Recycling Tip Fees (4782 : Community Recycling) 1 SUSTAINABILITY ASSESSMENT SUMMARY DATE: 9/23/15 SUBJECT: Sustainability Assessment Summary for Community Recycling Ordinance Key issues identified x Environmental: o Additional recycling generated by the Community Recycling Ordinance will help reduce greenhouse gas emissions and preserve natural resources. o Collecting additional materials will likely mean additional collection vehicles in operation in Fort Collins x Social: o Concern of potential impact of increased pricing on lower income residents x Economic: o It is unclear whether this project results in a net positive for the local economy o Additional service provided by haulers requires investments in staff and infrastructure Suggested mitigation actions x Environmental: o Haulers will maximize efficiencies in their routes and the benefits of recycling or composting the materials collected outweighs the impacts of their collection and hauling. x Social: o Focus educational messaging around “right sizing” options to decrease trash bills o 80% differential between trash cart sizes to single-family rates decreases the price for medium and large size trash subscribers x Economic: o Phasing in requirements o When companies right-size their bins, they are likely to have minimal impact on their cost of service Economic , 0.3 Social , 0.2 Environmental 1.5 Rating Average, 1.1 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Average, 1.1 Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 9 14.9 Packet Pg. 191 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 2 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (September 2015) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. Brief description of proposal This project is an implementation of the Road to Zero Waste plan, and proposes to update the community’s main recycling ordinance by: x Updating the current Pay-As-You-Throw ordinance o Allow haulers to charge an 80% price difference between the sizes of trash carts rather than the current 100% price difference between trash cart sizes x Expanding the current recycling ordinance o Require weekly yard trimmings collection option for single-family homes o Require multi-family and commercial customers to have recycling service bundled in with trash service o Require collection of food scraps from large grocers and restaurants in 2017 or 2018 o Create a phase-in plan for collecting yard trimmings and food scraps from single-family home residents starting in 2017 or 2018 Staff lead(s): Caroline Mitchell, Environmental Planner, Environmental Services, 970-221-6288 14.9 Packet Pg. 192 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 3 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. x Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy Analysis/Discussion x The updated Pay-As-You-Throw (PAYT) ordinance will still enable residents to decrease their trash generation and save money on their trash bills x Increased recycling has a documented positive effect on job creation. x Due to the current recyclables processing contract, trash and recycling haulers need to increase their current rates. Adding or expanding recycling could increase the cost of trash service, which may result in a corresponding cost increase for residents, especially renters. 14.9 Packet Pg. 193 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 4 families, or other resiliency factors? x By recycling and composting more materials, will expand the lifespan of the Larimer County landfill. This will help delay the significant trash cost increase that will likely result when the Larimer County landfill closes. x Expanding Pay-As-You-Throw to multifamily ensures equal access to recycling opportunities for all community members. x These policies will have extensive promotional campaigns to implement them. Those will highlight the best options are to reduce wasting and reuse products more. Many waste reduction programs will benefit lower income residents by increasing the amount and quality of donated or lower cost food, clothing, furniture and building materials available to them through thrift stores and social service agencies. x Most multifamily complexes and businesses should be able to decrease trash services (by decreasing the size of trash containers collected, or the frequency of collection) by an equal amount. It’s the same amount of material being collected. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) x Currently roughly half of Fort Collins residents live in multi-family housing. Only 68% of multi-family housing has recycling service. The remaining 32% of multi-family housing residents currently are forced to self-haul their recycling to the drop-off center or are excluded from recycling. This proposal would ensure all residents have access to recycling where they live, no matter their type of housing. x Due to the landfill ban on cardboard, some apartment complexes have chosen to not provide recycling on site, but have included in their leases that residents must self-haul their recyclables to a recycling site, placing an extra burden on them (an especially difficult one if they don’t have a vehicle). x Concerns exist about adding recycling service increasing trash bills, thereby affecting housing affordability. x All subsidized affordable housing units in Fort Collins already have adequate recycling, so will not be affected by the recycling 14.9 Packet Pg. 194 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 5 expansion requirements. This also highlights that recycling is not a significant factor in housing affordability. x If disabled residents live in multi-family housing, it is very unlikely they would be able to self-haul their recyclables to a drop-off center. Having recycling service at their housing location would enable disabled residents to recycle. x All schools in Poudre School District recycle. Having recycling at all residences ensures youth have consistent recycling messaging and opportunities at home and at school. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? x Residents who obtain donated food or reused clothing, furniture and building materials helps low-income residents meet their basic needs. x Decreasing illegal dumping helps promote cleanliness and safety x Reduction of harmful air pollutants by removing organics from landfill. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? x This proposal is culturally unbiased; this ordinance would apply to all citizens with a community-wide benefit. x The culture of Fort Collins is one of sustainability; this project is consistent with, allows participation of all residents in, and confirms that culture. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? x Enhances community and neighborhood cohesion through outreach and education programs employed to implement these programs, and cooperation with neighborhood based community gardens, composting and farmers markets. x ESD staff has conducted extensive community outreach throughout this project (before options were created, and through the process of narrowing down recommendations). Participation options have included online comments and surveys, meetings with different stakeholders and community groups, and in-person Public Open Houses that were conducted at various times of the day and locations throughout the community. x Through expanded recycling and composting, this proposal provides 14.9 Packet Pg. 195 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 6 residents pride in reducing the amount of material sent to landfill x Ordinance marketing materials will promote opportunities for neighbors to connect with each other regarding recycling education and resources for neighborhoods to support recycling. x Additional recycling and yard waste containers could be difficult to store in compliance with the screened containers ordinance for homes with no fence or garage (or in a small garage). 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? x ESD staff has communicated about the development of this project and received input from a wide variety of community members and City staff. x Once implemented, this project will involve extensive education and assistance to those implementing it. Social Equity Summary Key issues: x Concern of potential impact of increased pricing on lower income residents Potential mitigation strategies: x Focus educational messaging around “right sizing” options to decrease trash bills x 80% differential between trash cart sizes to single-family rates decreases the price for medium and large size trash subscribers Overall, the effect of this proposal on social equity would be: Please reach a consensus on the rating and enter an “x” in one of the following boxes +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact Very negative, impact 14.9 Packet Pg. 196 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 7 0.2 likely expected xxxx xxx xx Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Analysis/Discussion x The goal of this project is to recycle a substantial amount of material that is currently being landfilled. x Additional education about recycling, reducing trash bin size / service (“right-sizing” trash bins) and hands-on assistance for doing so are central to this project. x Preventing material from being landfilled prevents potential air and water pollution from the landfill. x This project is capable of generating enough additional recycling and composting to meet the City’s goal of recycling or composting 75% of materials by 2020 compared to the current rate of 68% waste 14.9 Packet Pg. 197 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 8 reduction. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? x By increasing recycling, less materials will be created from natural resources resulting in energy savings and significant greenhouse gas prevention. x This project prevents the landfilling of organic materials, which generate methane, an extremely potent greenhouse gas, if sent to the landfill. x The implementation plan for the Climate Action Plan calls for this project as a first implementation step. x Although this project could result in an increase in trucks collecting materials from customers, the recycling and composting of the materials significantly outweighs the impacts from additional collection vehicles. x This project could also help reduce vehicle miles traveled due to multi-family residents now being able to recycle on site who previously had to drive their recyclables to a recycling drop-off center. x The Road to Zero Waste Plan recommended an approach for haulers to consider that would not increase the number of trucks once these full programs are implemented that would collect organics every week and recycling and trash every other week. That would enable haulers to provide services with just 2 trucks per route, the same as they currently use. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? x With the Larimer County Landfill quickly filling up, this ordinance has the potential to extend the life of the landfill. 14.9 Packet Pg. 198 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 9 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? x This project is not anticipated to generate pollutants. By recycling or composting materials, it is likely to prevent air and water pollution from local landfills. x These policies will promote pollution prevention and reducing wasting through outreach and education programs associated with their implementation. 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? x Recycling, composting, and reducing waste are the primary objectives of this project 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? x The more recycled materials are generated locally, the greater the likelihood that a company using recycled materials as a source material could operate in Fort Collins. x Composting and organics recycling processes must be done locally, as these materials cannot be shipped great distances. As a result of the proposed policies, local businesses will be able to invest in processing organics even more locally, in Larimer County. Environmental Health Summary Key issues: x Additional recycling generated by the Community Recycling Ordinance will help reduce greenhouse gas emissions and preserve natural resources. 14.9 Packet Pg. 199 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 10 x Collecting additional materials will likely mean additional collection vehicles in operation in Fort Collins Potential mitigation strategies: x Haulers will maximize efficiencies in their routes and the benefits of recycling or composting the materials collected outweighs the impacts of their collection and hauling. Overall, the effect of this proposal on environmental health would be: Please reach a consensus on the rating and enter an “x” in one of the following boxes 2.7 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected xxxxx xx Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of Analysis/Discussion x Increased recycling has a documented positive effect on job creation. x The increased services provided for in this project are provided by the private sector and are fully funded by user fees. 14.9 Packet Pg. 200 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 11 resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? x By the City adopting these policies, haulers and processors are able to get financing to buy equipment to meet this new demand for increased services. x This proposal will likely increase the cost of trash service for businesses, including small businesses, and apartment complexes that do not currently recycle. x These requirements would provide a level playing field for businesses and apartment complexes – every business and apartment complex would have (and have to pay for) similar levels of recycling service (48% of businesses currently have recycling service in Fort Collins and 68% of apartment complexes, according to trash hauling companies.) x There is a plan to phase in the services to allow trash haulers to invest in additional infrastructure over time rather than all at once. x There is the potential to have little impact on businesses since the increased cost in recycling will be offset by the decrease in trash haul fees if locations “right size” or decrease their trash bins. x Due to having more customer density and resulting economies of scale, it is possible that rates for locations that already recycle may slightly decrease. x This project will result in additional costs for businesses that are providing the services. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? x Increased recycling has a documented positive effect on job creation. x Volunteer opportunities will likely be created to assist with education about the new ordinance. x Additional staff for the trash / recycling hauling companies will likely be hired as a result of this project. x Increased emphasis on recycling and related technology could provide opportunities for job training with local community colleges x The recycling and composting industries provide employment at wages across the wage and skills spectrum, many with upward mobility opportunities. x Possible opportunities for waste/recycling technician job creation. 3. Diversified and Innovative Economy • How does this proposal support innovative or x Many of the technologies that will be used in response to these policies are “clean technologies” and the jobs created are “green” 14.9 Packet Pg. 201 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 12 entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? jobs. x By adopting these policies, the City will be recognized as an innovative policy leader which will attract additional investments in technology and program innovations. x Colorado State University is already demonstrating innovative technologies for composting and organics recycling. CSU could help evaluate, study, design and help private companies develop new products and services to meet the new demand of these policies. x See bullets in sections 1 and 2 about job creation and impact to existing businesses. x Possible skills-up training opportunity for NFP companies that partner with for-profit companies who collect recycling. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? x This project will be essential in helping businesses and apartment complexes who do not currently recycle to adopt this sustainable practice, which not only conserves natural resources, but will provide education to employees, customers, and residents about recycling. The City will provide educational materials and assistance programs, including WRAP and ClimateWise, to help with this adoption and education. x May provide additional opportunities to partner with ClimateWise partners on innovative ideas and collaboration. x This project will enhance the sustainable reputation of Fort Collins, attracting attention to existing Fort Collins businesses and potentially attracting additional businesses or skilled employees with an interest in sustainability. x Some major businesses in Fort Collins have reported that they have diverted over 90% of their discarded materials from landfills and incinerators, including: New Belgium Brewery, Hewlett-Packard, Woodward, Anheuser-Busch, and Intel. New Belgium Brewery is being certified as a Zero Waste Facility by the U.S. Zero Waste Business Council. 5. Relevance to Local Economic Development Strategy x This project supports the City Council-adopted Economic Health Department Strategic Plan’s focus on “The Climate Economy”. 14.9 Packet Pg. 202 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 13 Economic Prosperity Summary Key issues: x It is unclear whether this project results in a net positive for the local economy x Additional service provided by haulers requires investments in staff and infrastructure Potential mitigation strategies: x Phasing in requirements x When companies right-size their bins, they are likely to have minimal impact on their cost of service Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus on the rating and enter an “x” in one of the following boxes 0.3 +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected xxxx ½ x ½ xx 14.9 Packet Pg. 203 Attachment: Sustainability Assessment Summary and Tool (4782 : Community Recycling) 1 MEMORANDUM Date: August 15, 2016 To: Mayor and City Councilmembers From: Mark Houdashelt, AQAB Chair CC: Air Quality Advisory Board Darin Atteberry, City Manager Re: Recommendations Regarding the Community Recycling Ordinance (CRO) ___________________________________________________________________________________ The Air Quality Advisory Board (AQAB) has reviewed the current version of the Community Recycling Ordinance (CRO) and has discussed this program with City staff. The AQAB fully supports the following provisions of the CRO, as these will lower greenhouse gas (GHG) emissions from the landfill through the diversion of some organics and paper to composting and recycling facilities, respectively: x requiring all grocers (except Beaver’s Market) to compost their organics by the end of 2017, x requiring all trash haulers to offer optional, seasonal yard trimmings collection starting in 2017, and x requiring all commercial and multi-family units to be provided with recycling by 2020. However, the AQAB is concerned that the primary greenhouse gas benefits of the CRO are being delayed. Dealing with organics from restaurants and single-family residences has been postponed for at least a year, and there has so far been no indication how or when each will be incorporated into the CRO. While the AQAB supports the requirements for organics in the CRO presented at the January 2016 Council work session, we realize that this version of the CRO is no longer under consideration. Therefore, the AQAB recommends City Council adoption of the current version of the CRO, but Council should require City staff to come back in one year or less with a concrete plan for dealing with organics in a manner that can be implemented on a timescale that will allow the City to still achieve its Climate Action Plan and Road to Zero Waste goals. Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80521 970.221-6600 fcgov.com/environmentalservices ATTACHMENT 10 14.10 Packet Pg. 204 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 2 MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD DATE: December 17, 2015 TO: Mayor and City Council Members FROM: John Bartholow on behalf of the Natural Resources Advisory Board SUBJECT: Community Recycling Ordinance Recommendation The Natural Resources Advisory Board (NRAB) recommends Council adoption of the proposed Community Recycling Ordinance that extends recycling services to multi-family residents and businesses and sets in place a process for yard waste and food scrap collection/composting within a specific time frame. We received several briefings from Staff and one of our members actively participated in both the Road to Zero Waste and the Community Recycling Ordinance Advisory Groups. On December 16, Staff provided NRAB with a comprehensive draft of the overall structure of the proposed ordinance, its objectives and significant detail concerning Code changes which would accompany the new ordinance. The Council’s adoption of the Road to Zero waste emphasizes the importance of conserving resources that are already at work in the community, whether human, manufactured or natural. It set a goal of 75% waste reduction by 2020 and 90% or more by 2025. These goals, similar to the Climate Action Plan’s goals, require a basic culture change that views “waste” not as discards but instead as resources for others to use in new processes or products. In short, it more closely emulates natural systems. This culture change will take time, a great deal of community education, and sustained leadership. The proposed Community Recycling Ordinance takes two major steps necessary to reach our 2020 target of 75% waste reduction. First, we must extend waste diversion services beyond single-family residences to insure that multi-family residents and businesses have similar access to alternatives to landfill waste disposal. Second, we must incorporate organics recycling/composting services for all Fort Collins residents and businesses. The proposed Community Recycling Ordinance creatively tackles this challenge and provides a phased-in approach to yard waste collection/processing, followed by food scrap collection and processing over the next 2-3 years. NRAB recognizes that the Community Recycling Ordinance goes beyond “tweaking” an existing system and tackles head-on the challenge that the Council has set for the City to reach its Road to Zero Waste goals. NRAB applauds the Council commitment to the Road to Zero Waste and believes that the proposed Community Recycling Ordinance takes the proper next steps to realize that commitment. NRAB additionally recognizes that this goal and the efficient implementation of the Community Recycling ordinance cannot be achieved without significant participation from our residents and community businesses. We encourage the exploration of new and creative opportunities to engage citizen volunteers as part of the community education process under Staff leadership and coordination. Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com 14.10 Packet Pg. 205 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 3 The NRAB applauds Staff and the consultants for pro-actively engaging a diverse group of concerned citizens in this process, specifically including three private operators who currently provide waste and recycling collection in the City. Respectfully submitted, John Bartholow Chair, Natural Resources Advisory Board cc: Darin Atteberry, City Manager Susie Gordon, Sr. Environmental Planner 14.10 Packet Pg. 206 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 4 MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD Date: Wednesday, December 16, 2015 Location: 215 N. Mason Conference Room 1A Time: 6:00–8:30pm For Reference Bob Overbeck, Council Liaison 970-988-9337 Susie Gordon, Staff Liaison 970-221-6265 Board Members Present Board Members Absent John Bartholow, chair Kelly McDonnell Joe Halseth Nancy DuTeau Bob Mann Harry Edwards Luke Caldwell Staff Present Susie Gordon, Staff Liaison Dianne Tjalkens, Admin/Board Support Cameron Gloss, Planning Manager Rebecca Everette, Senior Environmental Planner Caroline Mitchell, Environmental Planner Lindsay Ex, Environmental Program Manager Guests: Jonathan Carnahan, Citizen Planners Grace Minez, CSU PhD candidate David Tweedale, citizen Public Comment on CRC Jonathan Carnahan: Appreciate compost, yard waste, and requirement for restaurants to recycle. One issue with restaurant composting is that DBA would complain about leaving food waste outside of restaurants, but cannot keep inside due to health codes. City code supersedes DBA rules. Will not be done unless there is an ordinance. AGENDA ITEM 2—Community Recycling Ordinance Caroline Mitchell, Environmental Planner, reviewed final recommendations going to Council on January 19, including: requirements for licensed trash haulers to make recycling part of basic services to multi-family and business customers and to provide curbside yard debris collection upon request to residential customers; and, requirements for restaurants and grocery stores to use food-scrap composting services starting 2018. Ordinance revision project started in June. Have had public meetings, visited B&Cs, community advisory group with citizens and haulers, had Council Work Session. Given instruction to work more with haulers on details and bring all aspects back for first reading January 19. Having additional open house with ordinance language December 17. Single family homes would have a change in price difference between size of trash carts to 50% or 80% (haulers want 50%, staff recommend 80%). For single family homes, all haulers would be required to provide optional seasonal yard trimming collection (separate fee). In 2 years, all organics (yard trimmings and food scraps) collection would be required for single family homes. Also discussing when organics collected weekly, haulers could provide every-other week trash collection. Greenhouse gas reductions modelling includes transportation. Recommending bundling trash and recycling for multifamily and commercial over next 18 months. Would require 33% of service level to be recycling. Example: If have 6 cubic yard bin for trash, would move to 4 cubic yard trash and 2 cubic yard recycling bin. Same amount of waste. Option to purchase additional recycling. Prevents haulers from providing bins 14.10 Packet Pg. 207 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 5 that are insufficient for size of business. In two years will require collection of food scraps from retail food establishments. Discussion/Q & A: x Why do haulers prefer 50% price difference? o Majority of cost is in trucks, fuel, and personnel. Without Pay-as-You-Throw ordinance, would likely have unlimited trash and additional fee for recycling. In that case only about 20% of households recycle. The Pay-As-You-Throw system’s economic incentive makes a significant difference in recycling. o By reducing cost difference there could be decrease in recycling? ƒ Modelled by consultant. Estimations are that going from 100% to 80% will have negligible change in amount recycled. If decrease to 50% price difference, modelling shows residential diversion could have 4% decrease. x Not a big difference. x But if going for zero waste, doesn’t fit goal. o Haulers would choose what they charge for hauling yard trimmings, but when bring in food scraps and yard trimmings, it will be bundled with basic trash and recycling service. x Four buckets? o All three haulers collect recycling using single stream, but City just requires which materials have to be collected rather than how collected. Haulers could decide to collect organics separate from yard trimmings. Most communities that do this have 3 carts – trash, recycling, organics – with the yard trimmings and food scraps going in the same cart. x Potential emissions reductions from smaller trucks and fewer trips with every-other week trash collection? o Haven’t modelled fuel reduction. x What we should be saying is that certain items must be recycled in Fort Collins. Have only said this with electronics and cardboard. Strong believer in mandating in this instance. o Challenge of banning recycling from bin is that onus of enforcement lands on the City. Don’t have staff to enforce this type of ordinance. Some communities use this tool in conjunction and can consider later if needed. In Vail, they required recycling service, but not a size of container or service ratio, and found it left many gaps for insufficient recycling. x Consider launching a pilot program in a part of the city and use results to fine tune proposals? o For both organics options, the recommendation is to include them in code now, but have them go into effect in two years. Many details to work out, including equipment. Codifying now gives cue to market. Allows private sector to build infrastructure. May have pilots after ordinance passes to further figure out details. ƒ Positive results from pilot could help strengthen community adoption. x Variance of space constraints and/or not generating recyclables. All multifamily will generate recyclables. o Trying to foresee situations that may arise. More likely to be in business situation. o Regarding space variance, they can give up a parking space for a dumpster, or spread out carts. ƒ Application for variance process allows staff to work with site and make recommendations. ƒ Variance must be renewed annually. x 50/80 split? o Haulers set own rates and will not set rates that don’t cover their costs. o With smaller differential, households more likely to select larger bin as it doesn’t cost much more. Haulers in advisory committee have said with larger recycling bin, and smaller trash can, people put trash in recycling. ƒ However, Fort Collins has a very low contamination rate. o Trash prices are likely to increase. Cost to deliver trash to landfill is increasing 5% (tipping fee) in 2016, there is currently a tip fee for recycling, and organics will have a tip fee as well. As costs go up and add services, with 100% differential, largest trash bin price gets substantial. Creates incentive for smaller bin, but could be prohibitive to those that actually need the largest bin. x Are there codes in place for new development to allow space for all bins? 14.10 Packet Pg. 208 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 6 o Since 2004, building code requires adequate space for recycling designed into enclosures. Hearing from haulers that may need revision. o Doesn’t work for existing properties. In some places very cramped and still an issue to resolve. x Regarding having pilot programs, since there will not be a significant change in single family right away there is no plan for a pilot. For multifamily there will be an 18-month phase in, and about 60% have recycling already. The business sector will have the most significant changes and will also have a phase-in process to allow haulers time to determine where to put bins, what sizes, etc. Pilots may come in when food scraps and organics collection gets started as there may be issues to solve around odor and pests, and additional trucks. o Once organics phased in there is impact on waste water treatment—will have less carbon going into the facility. x Just city limits or whole GMA? o Just city limits. o Does that create difficulties as these areas are acquired by the City. ƒ No. Often already served by same haulers. x Haulers want to do same thing every place they haul. Training issue. ƒ Current ordinance applies to open subscription and homes in HOAs, and so would new ordinance. x Bob drafted a resolution supporting ordinance and three primary changes. Tied into RZW and CAP goals. Bob moved to adopt the resolution as drafted. Nancy seconded. Motion passed, 5-0-1. Harry abstained. x How hauler disposes of organics is up to them. Most likely to go to biodigester? o Two options in area. A-1 Organics in Eaton recently received permit to compost food scraps. If yard trimmings and food are collected together will go there. Other is Heartland Biodigester in Kersey. Accepts source separated food waste. Captures methane in anaerobic process, and cleans it and is put into the pipeline as natural gas. Compost from that facility can also be used as soil amendment. Food scraps from commercial likely to go to the biodigester. o Not recommending collection of organics from multifamily in this ordinance. Working out details in simpler systems before bringing to multifamily. x Materials going down garbage disposals are welcomed at waste water treatment facility. They are using anaerobic digesters. Don’t want fats, oils, and greases. But other nutrients enhance treatment. Microbes more effective at removing phosphorus when have more food waste. Solutions are multi-faceted; not one or the other. o Possibility of having a collection the treatment plan could pull from as needed? ƒ Must be macerated. They are receiving food waste pulp from large scale pulper at CSU. ƒ Maintain a level that won’t go away by working with partners. x Very possible. ƒ Also have other waste water treatment facilities in GMA. What works here won’t necessarily work for others. x Financial impact on individual homeowners and businesses? o Have been working on this data. Tricky to model costs with so many factors, including many outside City control, as provided by private sector. Organics collection is estimated at $8-12/month. Optional yard trimming service is currently $13/month. Working with economic consultant around recycling and will have more information later this month. ƒ Key is that City does not control the price. Market based. Three haulers bidding against each other. Don’t have districting, which has negative impact on GHG. o Council will expect answers on costs. Would not endorse without more details here. x Organics collection GHG implications are significant. o Over 50% of material currently going to landfill could be composted. Huge GHG benefits from preventing it from being landfilled. 14.10 Packet Pg. 209 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 7 MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD Date: Wednesday, June 15, 2016 Location: 215 N. Mason Conference Room 1A Time: 6:00–8:30pm For Reference Bob Overbeck, Council Liaison 970-988-9337 Katy Bigner, Staff Liaison 970-221-6317 Board Members Present Board Members Absent John Bartholow, chair Katherine de Leon Bob Mann Nancy DuTeau Luke Caldwell Jay Adams Elizabeth Hudetz Harry Edwards Drew Derderian Staff Present Katy Bigner, Staff Liaison, Environmental Services Dianne Tjalkens, Admin/Board Support, Social Sustainability Ginny Sawyer, Policy and Project Manager, City Manager’s Office Gary Schroeder, Senior Energy Services Engineer, Utilities Customer Connections Honoré Depew, Environmental Planner, Environmental Services Lucinda Smith, Environmental Services Director Lisa Rosintoski, Customer Connections Manager Rebecca Everette, Senior Environmental Planner, Community Development & Neighborhood Services Guests: David Tweedale, citizen Katherine Azari, citizen Dan MacArthur, citizen AGENDA ITEM 2—Community Recycling Ordinance Update Honoré Depew, Environmental Planner, provided an overview of the proposed Community Recycling Ordinance (CRO) in advance of a June 28 Council Work Session, including changes to the proposed ordinance that have been made since the board last heard about it in December 2015. CRO is proposed revision to existing rules around recycling and composting. Staff has been working on this revision for over a year and has engaged in robust public and stakeholder engagement. Brought suite of options to Council Work Session last year; were asked to work closely with haulers to find consensus that would work for all. Current Proposed Package Includes— Incline Rate Change: Pay-As-You-Throw is ordinance that was adopted in the 1990s—considered a best practice that allows residents to pay less to have a smaller trash container. There has been 100% incline rate between container size options. Ex: if smallest can is $10, medium is $20 and large is $30. However, this only applies to single family residence at this time. Most important change is to extend recycling requirement to multifamily and businesses. Other change is to charge a 75% incline rate. 14.10 Packet Pg. 210 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 8 Base Rate: This package would also reinstate hauler’s ability to charge a base rate, with a limit. The bill could have a line item, which could be up to 25% of smallest service they offer. Changes in commodities market and changes in cost to recycle are driving this. Haulers have been having to pay to drop off recyclables recently, when used to get paid for them. Organics Collection: For 2020 CAP goals, reductions associated with waste and organics are 25% of reduction targets. Yard trimmings and food waste, aka organics, are large part of this. Number of challenges to collection of organics: additional truck, where they can go to be processed, etc. Current proposal includes additional requirement of seasonal yard waste collection, with additional cost. Currently one hauler has this service already. Would be implemented next spring. Multifamily Recycling: extends recycling to multifamily, with minimum 30% capacity—opportunity for realistic amount of recycling capacity. See education as a form of enforcement. Set start date further out to allow haulers and multifamily to adopt practices. If switch providers, goes into effect immediately. Commercial Changes: Haulers required to offer recycling to all businesses. Roll-out implementation with deadline by 2022, but all new service contracts must comply immediately. Component for haulers to demonstrate increased participation by 20% annually. Grocer Composting: Looking at food waste. Most grocers already have a diversion program for food waste. These changes would bring outliers into the fold. Retail, restaurant and single family composting are off the table at this point. Discussion/Q&A: x Multifamily isn’t Pay-As-You-Throw now, and neither is business recycling. But what see in new plan is that the services have to be offered. o Recycling services will be required to be provided with trash collection services to multifamily and commercial. x Wouldn’t it make sense to increase the cost of container based on gallon size? o 32 gallon, 64 gallon and 96 gallon are standard sizes. ƒ Has same effect. o A lot of research into sweet spot for incline rate. Right around 80% is considered best practice. o Costs haulers the same to make the trip no matter the can size. They don’t want so much price differential between cans. Incentive to reduce waste lies in is what the customer has to pay. x Typical trash truck holds how many tons? o Range. Community generates 140K tons of garbage per year. Several tons can fit in a truck. x In HOA have small box for recyclables. o No additional cost for recycling under ordinance. Haulers can charge whatever they think customers will pay for the service, but cannot charge separately for recycling. Size of recycling bin will have no impact on bill. x For hauler that offers yard waste collection, what percentage of residences sign up? o Unsure. o They also allow multifamily to opt in to yard waste collection. x What is punitive impact of putting cardboard in trash? o Have education for business community, rather than punitive enforcement. o Haulers are supposed to reject loads if there is significant cardboard in the trash. x So many things not sure about for recycling correctly, like flattening, removing plastic, etc. o There are changes to education required from haulers. Rolling out Recycle Happy campaign and highlighting high value items. Fort Collins has low contamination rate (under 10%), despite single stream recycling. x Where does educational component happen? o Haulers have long been required to provide educational information regarding Pay-As-You-Throw and the recycling guidelines to customers once per year as part of licensing agreement with the City. The new ordinance would require that the graphics for this educational piece be provided by the City for consistency – all customers receive the same information, no matter their hauler. The proposal also includes the possibility for the hauler to simply print a URL/link on their paper bills where customers can go to access the information. 14.10 Packet Pg. 211 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 9 ƒ Concerned about that requirement being on the hauler. If only provide a link and not a document, wonder about actual impact and what changes we’ll see to compliance. ƒ More and more customers moving away from paper bills. Will get response from Caroline. ƒ Outcome of discussion with haulers. E-billing, but also value in annual paper information. ƒ Digital divide. x NRAB member: Don’t like this ordinance. Ordinance the Board recommended in December was a reasonable compromise with haulers. Have taken out the only things that really matter from GHG perspective. Have taken out food waste and don’t even have implementation date. With multifamily you have done the same, with implementation in 2020. Multifamily recycling is done all over the country. This is a no-brainer. We have a fair amount of multifamily, but primarily done by one hauler. Estimate is that 40- 45% of multifamily are already recycling. Others are not because hauler isn’t initiating. Business implementation starts in 2018 with 20% increase annually through 2022. New customer must adopt immediately, but existing customers don’t have to do this until 2018. Incline rate—don’t care about base rate charge—except 75% is now unrelated to best practice incline rate. People who are doing what we want will have the greatest increase in cost, while those throwing away the most trash will get a reduction. Doesn’t make any sense. Not faulting staff, but the challenge to get consensus with the haulers. Had forums all last summer and public surveys supported banning recyclables from the landfill and adding composting. Can see other communities along Front Range that have implemented organics collection. Boulder did it within 12 months of adoption. Want to cooperate with haulers, but there is a sense in community that don’t want to drive the haulers away. This won’t happen because profit margin in trash is so high they can add recycling for free. Appropriate to push on them and decide what is in best interest of community, not best interest of the haulers. Drafted resolution. o Agree that eliminating implementation dates for organics is a really bad idea. Having those goals brings money to the table to develop the infrastructure, facilities, etc. There has to be a guaranteed compost to support development of those facilities. Backward looking to eliminate the goal. Not the first to do this. Lagging behind. o Jeff Mihelich had article in Coloradoan today which included Zero Waste and CAP goals. What proposing to Council does not significantly move us toward those goals. x How would you respond to accusations that it will cost too much? To businesses and individuals? o Every piece is different—yard waste, food waste, multifamily, commercial. Also depends on what comes online. Contract the landfill had with Waste Management was beneficial, but new contract is hurting the haulers. It isn’t black and white. As a City we are never privy to the financial information of the haulers. We are using national averages. x Would like to suggest a third option to the board—endorse recycling in a general sense and acknowledge that some details are yet to be decided. Would not want to say something negative. Would prefer a positive perspective for a good impact. o Don’t want to suggest to Council that we move forward with this ordinance as it is not in the best interest of the community. o Recommend a strong ordinance modelled along lines of draft ordinance presented in December. o And point out importance of CAP goals and RZW. Implementation in 2022 does not address 2020 goals. x Have trouble with reinstating a service charge. Don’t have enough detailed information on what was being done to give the hauler an increase. o One challenge is that the City does not set the rate. The haulers do. ƒ The haulers can set the rates, so why do they need a surcharge? If argument is that they have been losing money from recycling for 18 months and looking for ways to recuperate that, this charge never goes away. If can charge whatever rate they want, no reason for surcharge. And cost of having a contract is sometimes losing money. o Two reasons haulers don’t want to raise rates—those doing good job of recycling are using small trash containers so will have least increase. But if raise rate then almost triple rate for larger container—people who are generating most trash are often those who have the least ability to pay. o What is profit margin on trash? ƒ Unknown. ƒ They must be making some profit on the trash. 14.10 Packet Pg. 212 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 10 o If ordinance goes into effect as is, there is no sunset on the base rate fee. So if they start making money on recycling again the fee does not go away? ƒ Correct. John moved to adopt Bob Mann’s draft recommendation with suggested edits. Elizabeth seconded. Motion passed unanimously, 8-0-0. x Agree with positive language around recycling and referencing December proposal. Name changes that do not support and are not in best interest of community. Also, not what community supports. x At risk of micromanaging. Not comfortable with that. Details can be worked through by the hauler and City staff. This board ought not to be micromanaging. o This is policy. x Support prior ordinance language, not current changes. ACTION ITEMS: Bob will provide final draft of motion to NRAB. Must be submitted to CMO by June 21. 14.10 Packet Pg. 213 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 11 MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD Date: Monday, June 20, 2016 Location: Community Room, 215 N. Mason Street Time: 5:30–8:00pm For Reference Mark Houdashelt, Chair Ross Cunniff, Council Liaison 970-420-7398 Lindsay Ex, Staff Liaison 970-224-6143 Board Members Present Board Members Absent Mark Houdashelt, Chair Rich Fisher John Shenot Gregory Miller Chris Wood (6:20) Jim Dennison Vara Vissa Robert Kirkpatrick Tom Griggs Staff Present Lindsay Ex, Staff Liaison/Environmental Program Manager Dianne Tjalkens, Admin/Board Support Lucinda Smith, Environmental Services Director Cassie Archuleta, Environmental Planner Amy Lewin, Senior Transportation Planner Susie Gordon, Senior Environmental Planner Councilmembers Present None Guests None AGENDA ITEM 2: Community Recycling Ordinance City staff worked with Fort Collins’ trash haulers to create a mutually-agreeable package for the Community Recycling Ordinance. A consensus package, which will be discussed at the June 28 Work Session, was shared. Susie Gordon presented. History: Fort Collins has had Pay-As-You-Throw ordinance in place for 20 years. Don’t have municipal trash services. Have open market system. Hauler must have license to provide service in Fort Collins, must provide recycling at no additional charge to residential, and must have variable rates so pay less for a smaller sized trash container. Endorsed by EPA in 1990s. Now many communities with this structure. Gives people financial incentive to reduce trash and increase recycling. Ordinance has been amended multiple times over years. Critical tool. More challenging to implement this structure for multifamily and commercial. Facilities may not have space for recycling enclosure, differences in types of materials generated, differences in recycling needs, etc. In multifamily, result is that if landlord does not choose recycling, must self-haul or not recycle. 95% subscription rate to recycling in single family residential. Staff started this ordinance update in 2015, including comprehensive community engagement. However, in 2015 the recycling market declined as a result of international supply/demand commodity pricing issues. Haulers went from being paid for recyclables to having to pay to drop them at the recycling center. They would like to be able to charge a recycling fee to make up for this additional cost, but it is not allowed in our ordinance. Updates: Incline Rate: Single family residential incline rate (pricing) has been 100% (difference between can sizes). Haulers would like this to be lowered to 50%. Down to 80% differential positive impact on recycling remains, but as lower the differential recycling declines. Council would like consensus with haulers—having multiple Work Sessions; the proposal Council will review on June 28 is for a 75% incline rate. 14.10 Packet Pg. 214 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 12 Organics: Requesting haulers all offer seasonal single family residential yard trimmings collection. All willing to do this, but requires another truck on the street. GHG emissions—woody material in landfill does not decay as quickly as food scraps. Will divert a lot of material, but not a large methane emission component. Multifamily and Commercial Recycling: Remain in the package. Grocer Composting: Many already have composting services for produce. Only stores not using them are Safeway, Albertsons, Target and Beavers. Possibility of setting a threshold to protect smaller groceries from financial hardship. Restaurant composting is more difficult—chain, non-chain, large, small. Could not give Council answer on economic impact of composting on restaurants. Organics collection in Boulder is combined food scraps and yard trimmings. Not many facilities take these blended materials. Eaton facility recently got permit expanded to include food scraps. Sole-source option for Fort Collins’ haulers. New biodigester in Kersey—methane is collected. If have clean stream of food scraps can go into biodigester, but can’t take yard trimmings. Will be more options for food scraps in the near future. Comments/Q&A x Air quality impacts? o Criteria pollutants not analyzed, but sensitive to putting more trucks on the road due to air quality and GHG impacts of additional vehicles. Trash, recycling, and seasonal yard waste collection use three different truck collection routes. Have information on emissions that could occur. o Two ways to look at GHG impacts—counted in inventory based on decomposing organic materials and methane from them. Lifecycle impacts analysis looks at production of materials including using recycled materials. ƒ Using recycled material instead of virgin material—inventory goes to production facility. x Grass clippings in yard waste? o Encourage people to leave clippings on the lawn. x Recycled organics material is a beneficial product. o True, many great benefits, just not GHG impact. o Does the ordinance specify where the materials go? ƒ Mulch or compost. x Have collection system at landfill for methane? o Basic collection. Gas is currently flared. Piping system was installed by another company and the gas belongs to them. Would like to make CNG. Large expense to install engines. Some landfills designed to speed up decomposition process in order to collect methane. x Difference with landfill is that don’t get organic materials like fertilizer. o City is engaged in wasteshed planning project. Landfill will close in 10 years. Will have public forums and surveys to decide what waste management system should include. Could landfill become a resource recovery center? Many would like County to site composting facility at landfill. x Important outcome of organics is generating compost. Powerful carbon sequestration. Helps provide nutrients and water holding properties, also sequesters carbon. o Included in part of inventory? ƒ Lifecycle/bigger picture. Not included in inventory. x Being environmentally aggressive with single-family. All haulers have been pushing to lower fees on larger cans. Don’t understand their reasoning. If all compelled to offer recycling at no cost, all are just bidding against each other. Profit margin dictated by efficiency, charge, etc. More profitable to charge more for larger cans. o National hauler is willing. One hauler feels those with large families who may need larger cans should not have a cost burden. Other hauler wants to charge a recycling fee. Haulers used to be able to charge a small flat fee to cover fixed costs. In 2009 Council saw there were other fees being added and cost of trash was being obscured. Asked staff to amend ordinance to disallow any extra fees. In Fort Collins bill has one fee that includes trash and recycling. Suggesting allowing service charge/base fee, but having it locked at no more than 25% of lowest cost can. x With base fee and incline rate changes, it makes it cheaper to throw away more. Doesn’t affect businesses in a negative way. Want rate payers to subsidize recycling. We’re backing off of Pay-As-You-Throw and that is a bad idea. o NRAB came to same conclusion. 14.10 Packet Pg. 215 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) 13 o If you make it cheaper, do people generate more trash? Weak or strong correlation? ƒ 30 years of data show that when lower differential rate below 80% people start generating more trash and less recycling. Single digits percentage change. x In CAP, where is recycling? Economics? Landfill space? Lifecycle analysis? Culture of recycling itself is being questioned. What is it doing in behavior, economics, etc.? Is it making an impact? Recyclability of single-use containers and packaging encourages more consumption. Hear about contaminant issues. o Honoré is working on sustainable materials management. City has been working on knowing what emissions are for 15+ years, and inventorying. Recycling has played a large role in reductions. Have also adopted zero waste goals. As work on CAP, 25% of what we hope to accomplish in next 4 years has to do with reducing our waste. This ordinance, if adopted with all elements, would have huge emissions reduction potential. Dilemmas in the market are impacting ability to implement all elements. Commercial recycling will have large impact, though. x If this package is adopted will emissions go down from status quo? How far from goals in CAP? o Yes, will go down. Know how many tons will be diverted as result of each measure, and can calculate emissions. x Will adoption of this put on path to achieve goals or not? If have to do a lot right away and this only does a little, may not meet our goals. o Now 9% below 2005 levels. Inventory doesn’t always follow linear trajectory. Refining initiatives and numbers. Without organics component lose a lot of the GHG reductions of this initiative. x What happens on June 28 Council Work Session? o Third time at Work Session. Will learn whether they are prepared to take this to adoption. Council may decide to alter the package. x Possible to use elasticity estimates rather than 50% incline rate to determine GHG emissions saved by staying at incline rate of 100% with no base fee? o Caroline has those details. Incline rate does not have a huge impact on GHG reductions. Commercial recycling is where big gains are to be had. x Organics are important to the public. x Heartland is operating. What is their feed stock? o Dairy manure, Leprino foods, meatpacking plant, and expired/damaged packaged foods. o Any organization with municipalities? ƒ They need a consistent waste stream. Would like to create a transfer station to collect food scraps and manage transportation costs. Could collaborate with Larimer County and Loveland. Harder to make work than anticipated. Could fit on footprint of landfill, but traffic issues and other complications. ACTION ITEMS: Susie will provide more GHG reduction numbers. Board will take action at a future meeting. 14.10 Packet Pg. 216 Attachment: Summary of Board and Commission Meeting Memos, Resolutions, and Notes (4782 : Community Recycling) ATTACHMENT 11 14.11 Packet Pg. 217 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 218 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 219 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 220 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 221 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 222 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 223 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 224 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM Date: May 16, 2016 To: Mayor Troxel and Councilmember Cunniff Thru: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Jacqueline Kozak Thiel, Chief Sustainability Officer Lucinda Smith, Environmental Services Director Susie Gordon, Sr. Environmental Planner From: Caroline Mitchell, Environmental Planner Re: Community Recycling Ordinance Update The purpose of this memo is to provide an update about the Community Recycling Ordinance in preparation for an upcoming meeting on this topic, to which Mayor Troxel and Councilmember Cunniff have been invited, as well as licensed trash/recycling collection companies, on Monday, May 23, 2016. Council first considered the Community Recycling Ordinance at a work session on October 13, 2015. This topic was also discussed at a work session on January 28, 2016, when staff received direction to find consensus with the haulers who provide trash / recycling service in Fort Collins. Staff has met with the haulers multiple times and has arrived at a draft consensus package. A chart comparing the original proposal from October 13, 2015 and the current package is attached to this memo. A summary of the agreements that have been reached with the haulers follows: x Updates to single-family Pay-As-You-Throw ordinance o Staff worked with the City Attorney’s Office to determine the ability to meet the haulers’ request for a separate fee to charge for current recycling tip fees. A “service surcharge” of up to 25% of the cost of the smallest trash cart was suggested. This allows flexibility to charge for fluctuating expenses out of the haulers’ control such as a tip fee for recyclables or increased fuel charges, etc. It reinstates what was formerly called a “base rate” that was in effect until 2009. o Haulers continued to request a decrease in the percent cost difference between sizes of trash cans (a.k.a. incline rate). Staff recommended remaining at the 100% incline rate and the haulers requested a 50% incline rate. A compromise of 75% incline rate was agreed upon. x Optional seasonal yard trimmings collection (Apr-Nov) provided by all haulers o This optional service, for which haulers can charge a separate fee, was supported by haulers and staff. Two haulers currently provide this service and the third is willing to provide it. 14.11 Packet Pg. 225 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 2 x Bundle recycling into trash service for multi-family complexes o One hauler suggested a simple way to deliver the same results with less impacts on the haulers’ internal systems, which was endorsed by staff and supported by the other haulers ƒ Require recycling service to be included with trash service, but as a separate fee. Complexes would be required to have a minimum of 30% of their overall service provided as recycling (but could apply for a variance from the City if they don’t generate that much recycling or have space constraints, etc.) o Haulers requested implementation date of 2025, compromise of 2022 agreed upon ƒ Any new customers would be subject to the new system upon ordinance passage x Bundle recycling into trash service for businesses o Same conversations as listed above for multi-family, which staff is willing to support o Haulers requested implementation date of 2025; mutual agreement reached for starting implementation in 2018 and completing by 2022 (documenting progress of signing up 20% of non-recycling customers / year) ƒ Any new customers would be subject to the new system upon ordinance passage x Require grocers to have compost collection service starting in 2017 o All haulers and staff agreed upon this element Two elements in the original Community Recycling Ordinance package have been suggested to be removed from the package and considered in the future, pending infrastructure to better accommodate their implementation: x Require restaurants to have compost collection service o Hauling service and treatment options for this sector are still developing. For example, if Drake Water Reclamation Facility is able to accept food scraps directly into the plant’s anaerobic digesters, the resulting decreased haul distance could make this service more economically feasible. x Bundle both yard trimmings and food scraps into Pay-As-You-Throw service for single-family homes o Council expressed concern about food scraps being included with yard trimmings in this service. In the future, having a transfer station for yard trimmings (and potentially food scraps) would help alleviate the hauling distance challenge for the large volumes of this material. Staff is drafting code language for the proposed ordinance and will be discussing the language with haulers on May 18. Please let us know if we can answer any questions prior to or during the May 23 meeting, which will include City staff and Fort Collins haulers. 14.11 Packet Pg. 226 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 3 Community Recycling Ordinance Elements Comparison 5/16/16 Element Package Presented at 10/13/15 Work Session Current Consensus Package Single-Family Trash / Recycling (Pay-As-You-Throw) x Set incline rate at 80% o Is currently 100% x Implementation: Immediately x Set incline rate at 75% x Re-instate Service Surcharge o Up to 25% of cost of smallest cart x Implementation: Immediately Single-Family Yard Trimmings Collection x Haulers offer yard trimmings collection Apr-Nov o As a separate, opt-in fee x Implementation: April 2017 x Haulers offer yard trimmings collection Apr-Nov o As a separate, opt-in fee x Implementation: April 2017 Multi-Family Recycling x Bundle recycling into trash service o 30% of service as recycling x Implementation: June 2017 o New customers must comply with requirement immediately upon adoption x Require recycling service for multi- family residents o minimum 30% of service as recycling x Implementation: 2022 o New customers must comply with requirement immediately upon adoption Business Recycling x Bundle recycling into trash service o 30% of service as recycling x Implementation: June 2017 o New customers must comply with requirement immediately upon adoption x Require recycling service for businesses o minimum of 30% of service must be recycling unless location applies for variance x Implementation: 2018-2022 o 20% of non-recycling businesses added per year 14.11 Packet Pg. 228 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 14.11 Packet Pg. 229 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 1 ATTACHMENT 12 14.12 Packet Pg. 230 Attachment: Work Session Summary Memos Regarding Community Recycling Ordinance (4782 : Community Recycling) 2 14.12 Packet Pg. 231 Attachment: Work Session Summary Memos Regarding Community Recycling Ordinance (4782 : Community Recycling) 3 14.12 Packet Pg. 232 Attachment: Work Session Summary Memos Regarding Community Recycling Ordinance (4782 : Community Recycling) 4 14.12 Packet Pg. 233 Attachment: Work Session Summary Memos Regarding Community Recycling Ordinance (4782 : Community Recycling) 5 14.12 Packet Pg. 234 Attachment: Work Session Summary Memos Regarding Community Recycling Ordinance (4782 : Community Recycling) 6 14.12 Packet Pg. 235 Attachment: Work Session Summary Memos Regarding Community Recycling Ordinance (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -1- ARTICLE XV. - SOLID WASTE COLLECTION AND RECYCLING SERVICES Sec. 15-411. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section§15-411: Basic service shall mean collection of solid waste and recyclable materials from a residential customer by a collector. Collector shall mean thea person or entity providing collection service. for solid waste and/or recyclables and/or food scraps and/or yard trimmings. Commercial customers shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities. Customers, other than residential customers, serviced using any type of collection container, including without limitation poly-carts, dumpsters, or roll-off bins, are considered commercial customers unless the service is provided for an active construction or demolition project permitted by the City of Fort Collins building department. Communal system for the collection of waste shall mean an arrangement for the collection of waste from multiple properties or residences using collection containers shared by those properties or residences. Composting of food scraps shall mean the process of converting these materials into a nutrient- rich soil amendment. Container shall mean a refuse container as defined in §12-16, a poly-cart, disposable bags, bin- type containers, carts or bulk-volume dumpsters or plastic receptacles, each of variable volume capacities as defined in this Article, provided by a collector to a customer and used for the collection of refuse, recyclable materials, food scraps or yard trimmings. Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street.. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk. or on the street side of the curb so long as such location does not impede bike, pedestrian, or car traffic and is not on an arterial street. Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside location or within a dumpster site. Director shall mean the Director of the City’s Environmental Services Department. ATTACHMENT 13 14.13 Packet Pg. 236 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -2- Dumpster shall mean a metal or plastic container 1 cubic yard to 10 cubic yards in volume that is used to collect refuse or recyclables. Electronic equipment shall mean any electronic device or electronic component as those terms are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations 1007-3, Section 260.10. Existing customers shall mean customers with whom a collector has a written contract for collection services or for whom a collector is providing collection services, but not recycling services, as of December 31, 2016. Feed animals shall mean to divert for use as animal feed, in accordance with regulations established by Colorado Department of Public Health and Environment. Feed hungry people shall mean donate extra food to food banks, soup kitchens, and shelters and/or other methods of making extra food available for human consumption consistent with state and local regulation. Food scraps shall mean any animal- or vegetable- based staple foodstuffs, including food scraps resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and other compostable items such as food-soiled paper, provided that such materials have been designated for collection by the City Manager pursuant to §15-416. Food store shall mean a retail establishment or business located within the City in a permanent building, operating year round, that is a full-line, self-service market and which sells a line of staple foodstuffs, meats, produce, dairy products or other perishable items. "Food store" does not include: (a) temporary vending establishment for fruits, vegetables packaged meats and dairy products; (b) vendors at farmers' markets or other temporary events; (c) businesses at which foodstuffs are an incidental part of the business. Food sales will be considered to be "incidental" if such sales comprise no more than 2 percent (2%) of the business' gross sales in the city as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. Group account shall mean a customer account for solid waste collection services that provides for collection of waste from multiple residential customers, regardless of the method by which such services are contracted or arranged. An account for service arranged by a single property owner for collection of solid waste from multiple locations owned by that property owner shall not constitute a group account for the purposes of this Article. Household recycling container shall mean bags, bin-type containers, carts or bulk-volume dumpsters and plastic receptacles used for storing and setting out recyclable materials. ATTACHMENT 13 14.13 Packet Pg. 237 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -3- Hierarchy for materials management shall mean the same as the definition for that term formally adopted by the US Conference of Mayors in 2015 as follows: the prioritization of methods for management of materials in the following order, from preferred use to least preferred: 1) extended producer responsibility and product redesign; 2) reduce waste, toxicity, consumption, and packaging; 3) repair, reuse, and donate; 4) recycle; 5) beneficial reuse; 6) waste-based energy as disposal; 7) landfill as disposal. Hierarchy of uses for food scraps shall mean the prioritization of methods for reducing or disposing of food scraps in the following order, from preferred use to least preferred: 1) source reduction of food scraps; 2) feed hungry people; 3) feed animals; 4) industrial uses; 5) composting; 6) disposal in a landfill or incineration. Industrial uses of food scraps shall mean to provide waste oils for rendering and fuel conservation and food scraps for digestion to recover energy. Landfill shall mean an area of land or excavation licensed by the State of Colorado to accept waste for permanent disposal. Large capacity container(s) shall mean a container with a volume capacity of more than 90 gallons but not more than 99 gallons. Medium capacity container(s) shall mean a container with a volume capacity of more than 60 gallons but not more than 69 gallons. Multi-family customers shall mean residential properties for which there is a communal system for the collection of solid waste. Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid, manufactured and used for the collection of recyclable materials or for the collection of refuse. refuse, recyclable materials, food store food scraps, or yard trimmings. For multi-family or commercial customers, a dumpster or roll-off bin with aggregate volume of multiple poly-carts shall be deemed to constitute one or more poly-carts. Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful materials from one (1) or more specified recyclable materials including items for reuse, and shall be deemed to include only a facility that meets any federal or state standards that may be established to regulate or designate such recycling facilities. Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to, materials used in packaging or storage containers that consist of three (3) or more layers of Kraft paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be considered recyclable cardboard regardless of whether it has glue, staples or tape affixed, but not if it is permanently attached to other packing material or a nonpaper liner, waxed cardboard or cardboard contaminated with oil, paint, blood or other organic material. ATTACHMENT 13 14.13 Packet Pg. 238 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -4- Recyclable materials shall mean materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable. pursuant to §15- 414 of this Article. Recycling shall mean the process of recovering useful materials from solid waste, including items for reuse. Recycling collector shall mean a person or entity providing recyclable collection services. Refuse shall mean solid wastehave the meaning set forth in §12-16 of this Code. Residential customerscustomer shall mean a customer at a residential propertiesproperty for which a communal system for the collection of waste is not employed. Roll-off bin shall mean an open-top or gable-top metal container used to collect refuse or recycling that is 10 cubic yards or greater in capacity. Service shall mean collecting, transporting or disposing of solid waste or, recyclable materials, food store food scraps or yard trimmings for consideration. Small capacity container(s) shall mean a container with a volume capacity of more than 30 but not more than 39 gallons. Solid waste shall mean all refuse, putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recyclable materials which have been source separated for collection. Solid waste collector shall mean the person who provides solid waste collection service on a regular, recurring schedule. Source reduction of food scraps shall mean reduction of the volume of surplus food generated and disposed of. Source separation shall mean to separate solid waste, recyclable materials from solid waste, food scraps and yard trimmings at the waste source. Volume capacity category of containers shall mean small capacity containers, medium capacity containers, or large capacity containers placed for collection of solid waste, recyclable materials, food scraps or yard trimmings. Yard trimmings shall mean yard clippings, wood, branches, leaves, and twigs as designated for collection by City Manager pursuant to §15-416. ATTACHMENT 13 14.13 Packet Pg. 239 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -5- Sec. 15-412. - License requirement. (a) License required. No person shall operate as a solid waste collector within the corporate limits of the City without first obtaining a collection license for such activity pursuant to §15- 417. (b) Exemptions. The following persons or entities are not required to obtain a solid waste or recyclable collection license: (1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity; (2) A person who transports solid waste or recyclable materials produced by such person; (3) A property owner or agent thereof who transports solid waste or, recyclable materials, yard trimmings or food scraps left by a tenant upon such owner's property, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis; (4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the particular demolition or, construction or landscape work being performed by such person. (c) Volume-based rates for solid waste service. (1) Any person licensed to operate as a solid waste collector within the City shall charge all residential customers, including, but not limited to, residential customers provided service through a group account, on the basis of the volume capacity (or volume capacity category) of the containers of solid waste containers placed for collection by each residential customer. The amount to be charged for such containers shall be determined by each solid waste collector; provided, however, that no volume capacity category shall exceed a range of variation in volume capacity of more than thirty-two (32) gallons. Collectors shall determine a rate for, and offer to residential customers, the thirty-two-gallonsmall capacity container solid waste service, and that rate shall be used to determine the rates for all other service levels. Said charges shall be based upon the solid waste container size, rather than the volume of solid waste actually deposited within such containers by the residential customers. The charge for additional solid waste containers of the same volume capacity (or volume capacity category) shall be no less than one hundred (100) percent of the charge for the first such container. The charge for prepaid bags or labels or for solid waste volumes in excess of a customercustomer’s service subscription level shall be by(based on volume capacity andcategory) shall be proportional by volume to the collector's standard rate for a thirty-two-gallonsmall capacity container. ATTACHMENT 13 14.13 Packet Pg. 240 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -6- (2) In order to further ensure that the charge for the collection of solid waste is based upon volume as required above, any person licensed as a solid waste collector shall provide to each residential customer containers (which may include disposable bags,), or labels to be attached to nondisposable containerscustomer-provided disposable bags, showing the volume capacity (or volume capacity category) of such containersbags, or shall establish another system for accomplishing the same purpose which is acceptable to the City. A solid waste collector shall arrange for provision of service to each group account in a manner that results in an individual selection by each individual residential customer of a level of service from the full range of volume capacity category container sizes and levels of service offered by the hauler. collector. In the case of a group account, the solid waste collector shall require a written contract confirming compliance with the provisions of this Article. (3) In offering or arranging for services, a solid waste collector shall provide reasonable notice of the full range of bag orvolume capacity category container sizes or levels of service offered by the haulercollector, and shall provide to each residential customer that customer's requested volume capacity category container size or level of service. (4) It shall be unlawful for any person to knowingly attach any such label to a container exceeding in volume the volume capacity (or volume capacity category) shown on, or represented by, such label, and to place said container for collection. (5) No solid waste collector shall collect or transport solid waste, recyclables, food scraps or yard trimmings which hashave not been placed for collection through such system or in bags or containers upon which such labels have been attached. Upon emptying any such containers, the collector shall remove or otherwise void all such labels. (6) The provisions of this Subsection§15-412(c) shall not be construed as prohibiting any collector from also establishing rules and regulations regarding the maximum weight of containers of solid waste and/or recyclable materials. (7) A collector shall not collect any overloaded container unless the collector accounts for and bills the customer the appropriate fee or charge for the collection of such excess solid waste. Loading of a container so as to prevent the lid of the container from closing securely shall be deemed to constitute overloading of the container for the purposes of this provision. The determination of overloading and charges therefor shall be made on an individual pick-up date basis, and there shall be no "averaging" of pick-up volumes to allow for overloading at one (1) time offset by a low volume at another time. (d) Fixed fees. for prepaid disposable bags or labels for solid waste service. (1) In additionWhere prepaid disposable bags or prepaid labels for customer-provided disposable bags (rather than reusable containers) are provided by a collector to the ATTACHMENT 13 14.13 Packet Pg. 241 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -7- volume-based rates required pursuant to Subsection (c) aboveits customers for solid waste collection services, solid waste collectors may, but are not required to, charge a fixed fee only for solid waste collection services where bags or tags are used by their customers rather than reusable containers for the purpose of covering the fixed operational costs of routing service trucks for such collections. Surcharges for fuel or other special surcharges or fees shall be deemed to constitute a fixed fee and shall be permitted and charged only as set forth in this Subsection in addition to the volume based rates for the prepaid bags or labels under §15-412(c) above. (2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed thirtyseventy-five (3575) percent of the monthly volume-based rate charged for one (1) thirty-two-gallonsmall capacity container per week. (3) In the event that a solid waste collector elects to establish a fixed fee, all bills for services provided by such collector to residential customers shall clearly show both the fixed fee and the volume-based rate. (e) Service surcharge for solid waste service. (1) In addition to the volume-based rates required pursuant to §15-412(c) above and any fixed fees permitted under §15-412(d) above for collection of prepaid disposable bags or prepaid labels for customer-provided disposable bags, collectors may, but are not required to, charge a service surcharge to residential customers. A service surcharge may be imposed only to cover fluctuating operational costs of doing business outside of a collector’s control (such as, for example, fuel costs or market based recycling fees paid by collectors). A service surcharge shall be permitted and charged only as set forth in this §15-412(e). (2) If a collector elects to charge such service surcharge, said surcharge shall not exceed twenty-five (25) percent of the monthly volume-based rate charged for one (1) small capacity container per week. (3) In the event that a collector elects to establish a service surcharge, all bills for services provided by such collector to residential customers shall clearly show both the service surcharge and the volume-based rate. Additionally, in the event that a collector elects to establish a service surcharge, such collector shall, on or before January 1 of each ensuing year, deliver to the Director a true and correct copy of such rate schedule. (f) Refusal ofdue to recyclable materials. In the event that a collector refuses to collect any bag orsolid waste container because it contains materials required to be recycled under §12-22, the collector shall not be required under this Section§15-412 to credit the customer for such refused bag or container. A collector shall not collect materials required to be recycled under §12-22 comingled in a solid waste container, except that, with respect to recyclable cardboard, a collector may, but shall not be obligated to, accept any bag orsolid waste container that has reasonably been determined, based upon visual inspection, to contain no more than twenty-five (25) percent recyclable cardboard by volume. ATTACHMENT 13 14.13 Packet Pg. 242 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -8- (g) Subcontractors or agents. In the event that a collector elects to perform collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder. Sec. 15-413. - Recycling requirement. (a) Curbside/on-site collection - Residential. (1) Each solid waste collector licensed by the City shall make available to its multi-family and commercial customers, and other customers receiving solid waste collection services through a communal system of waste collection, at the customer's option, curbside collection of recyclable materials as said materials are designated from time to time by the City Manager as provided in § 15-414 of this Article. Notwithstanding the foregoing, the collection of recyclable materials from customers pursuant to this Subsection shall not be required if the collector provides documentation satisfactory to the City verifying that there is not sufficient space available to allow the placement of recycling containers without encroaching on needed parking areas or on the sidewalk or street, or without impairing or impeding bicycle, pedestrian or vehicular traffic. (2 (1) Each solid waste collector licensed by the City shall provide to each residential customer in the City, as a part of any solid waste collection services provided by such solid waste collector, and without additional charge other than a service surcharge under §15-412(e), the collection at curbside of both solid waste and recyclable materials, as said. Charges for such basic service provided to each residential customer shall include recyclable materials are designated from time to time by the City Manager as provided in § 15-414 of this Article. No such a minimum amount equal to at least eighteen (18) gallons and need not be more than two large volume capacity containers. No collector shall be permitted to divide or diminish charges for the provision of saidsuch basic service at the request of such customer or for any other reason. (2) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services at least once per week and on the same day of the week as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for residential customers located within mobile home parks. After a collector has offered and made available to its residential customers medium and/or large capacity containers for recycling, said collector may modify its recycling collection schedule to a minimum of two collections per month as long as curbside recycling collection services are provided on the same day of the week as the day of collection of solid waste from the residential customer. When a residential customer has two large capacity containers for recycling collection, collectors may require that all recyclable materials fit inside the container provided to a residential customer. (b) On-site collection - Multi-Family and Commercial. ATTACHMENT 13 14.13 Packet Pg. 243 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -9- (1) Each solid waste collector licensed by the City shall, upon request, provide to each multi-family and commercial customer (and other customers receiving solid waste collection services through a communal system of waste collection) as a part of any solid waste collection services provided by such solid waste collector, the collection of recyclable materials. Such collector shall be permitted to impose an additional charge to multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste collection) for the collection of recyclable materials. (2) The amount of recyclable materials collection that shall be provided to each multi-family and commercial customer as a part of such basic services shall be not less than one-third (1/3) of the total collection volume (including both solid waste and recyclables) for such customer based on the size of solid waste containers provided to such customer and the service frequency (“minimum recycling service”). For example, if such a customer is provided with pick-up of a 4-cubic-yard trash container that is collected once per week, the collector shall also provide minimum recycling service in an amount equal to not less than a 2-cubic-yard recycling container as a part of such basic services (2 cubic yards is one-third (1/3) of the total service volume (including both solid waste and recyclables) of 6 cubic yards). (3) Commencing January 1, 2017, each solid waste collector licensed by the City shall provide to new and existing multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste collection) as a part of any solid waste collection services provided by such collector, the minimum recycling service calculated under §15-413(b)(2) in accordance with the schedule set forth in this §15-413(b)(3). Each solid waste collector licensed by the City must add minimum recycling service to the solid waste collection service provided to existing multi-family and commercial customers not receiving recycling service as of December 31, 2016 (“unserved multi-family and commercial customers”) in accordance with the following schedule: a. by December 31, 2017, _____ percent (___%) of its unserved multi- family and commercial customers; b. by December 31, 2018, _____ percent (___%) of its unserved multi-family and commercial customers; and c. by December 31, 2019 _____ percent (___%) of its unserved multi-family and commercial customers; and d. by December 31, 2020 ________one hundred percent (100%) of its unserved multi-family and commercial customers. Thereafter, the cost for minimum recycling service must be billed in addition to the cost of solid waste collection service for all multi-family and commercial customers. The ATTACHMENT 13 14.13 Packet Pg. 244 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -10- charge for both such services may be itemized separately for billing purposes, but shall not be reduced to exclude the cost of minimum recycling service unless a variance is granted in accordance with this §15-413(b)(3). A variance may be granted by the City in accordance with the following provisions: (i) If a collector's multi-family or commercial customer declines to participate in minimum recycling collection services offered by a collector due to space constraints, self-hauling recyclables to recycling drop-off center, utilization of a separate licensed recycling collection provider other than the solid waste collector, failure to generate recyclables, or if only available location for recycling bin is not safely serviceable by hauler, the customer must submit a written request for variance on a form provided by the City and signed by the customer. A recycling bin location that is not safely serviceable is defined as a location that is substantially less safe to service than the trash bin service area for that location. Upon receipt of such a request for variance, the Director shall either approve the variance for good cause shown, or disapprove the variance. A copy of the approved or disapproved variance shall be sent by the City to the solid waste collector servicing that customer. (ii) For purposes of this §15-413(b)(3) "good cause shown" shall mean evidence presented by the customer that, to the reasonable satisfaction of the Director, demonstrates that the customer lacks sufficient space for recycling containers, self-hauls recyclables to a drop-off recycling center, utilizes a separate licensed recycling collector, generates recyclables in an amount less than one- third (1/3) of the customer’s total solid waste and recyclables, or the only available location to service recycling bin(s) is substantially less safe to service than the trash bin service area for that location and therefore is deemed unsafe to service. (iii) If a variance is granted for a customer not generating recycling of at least one third (1/3) of the volume of waste generated, but the customer generates at least 96 gallons of recyclables per week, the variance will require that recycling service in the volume of recycling the customer generates be included as a part of solid waste collection services. (iv) If a variance is approved in accordance with the foregoing provisions, the collector shall not be required to provide such recycling services to such multi- family or commercial customer for the five (5) year period following approval of the variance, except as otherwise provided by the Code. If, after the five (5) year period, the constraints on which the variance was based still exist, the customer may submit a request for an additional five (5) year variance, except as otherwise provided by the Code. (v) If the variance is not approved, the collector shall be required to provide minimum recycling services, in addition to solid waste collection, and charge the ATTACHMENT 13 14.13 Packet Pg. 245 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -11- customer for the minimum required volume of recycling services as set forth herein. (4) Collectors providing collection services to multi-family and/or commercial customers shall provide services for the collection of recyclable materials from such customers with such frequency as is necessary to prevent overflow of the recycling containers. (5) Collectors shall provide each multi-family and commercial customer with educational guidelines for recycling and signage for use inside its facilities, which guidelines and signage may be designed and provided by the collector and approved by the City or the collector may utilize City-provided guidelines and signage for this purpose. (c) Collection of recyclable materials; rights and duties of collectors. All licensed collectors of recyclable materials and solid waste operating within the City shall have the following duties and rights: (1) Except for materials whichthat customers have not properly prepared for recycling, collectors may not commingle designated recyclerecyclable materials with refuse, nor dispose of recyclable materials set out by recycling customers by any means other than at a qualified recycling facility. Recyclable materials shall include all those materials designated by the City Manager pursuant to §15-416 as materials which collectors must offer to collect for recycling. (2) On or before January 1, 2010, collectors mustCollectors shall provide to each residential solid waste customer who utilizes curbside recycling services within the City a poly-cart container for storing and setting out recyclable materials meeting the requirements of this Subsection,§15-413(c), clearly marked as a recyclables container with words or symbols or both. Collectors must annually offer each residential recycling customer, in writing, a choice of at least two (2) sizes of poly-cart containers at least sixty-four (64) gallons ina medium capacity, one (1) of which must be at least ninety-six (96) gallons in or large capacity. recycling container. The collector must provide the requested poly-cartcontainer without additional charge to such customer, except that the collector may require the payment of a refundable damage or loss deposit or a charge for lost or damaged poly-cartscontainers, not to exceed the actual cost of the container. The collector must provide a poly-cartcontainer for recycling to all residential recycling customers except those customers who expressly decline a poly-cart, and must provide a poly-cart to any customer at any time upon request within one (1) billing period after the request is made.container, and must provide a container to any customer at any time upon request within one (1) billing period after the request is made. Collectors shall provide recycling containers to multi-family and commercial customers (in the form of containers, dumpsters, or roll-off bins as deemed appropriate for servicing the location) and with a capacity sufficient to meet one-third (1/3) of service as recycling volume requirement. Regardless of the type of container, it must be clearly identifiable as a recycling container and include a conspicuous chasing arrows decal on the side(s) of the ATTACHMENT 13 14.13 Packet Pg. 246 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -12- container accessed by service or pedestrian access, as well as signage such as stickers or weather-resistant laminated posters or imprinting into the surface of the container during manufacture, of recyclable materials accepted in local collection programs, including graphics depicting acceptable materials; such information may be delivered by use of City-provided graphics or graphics provided by the collector and approved by the City. (3) The collector may establish such reasonable and industry-accepted requirements for the preparation of materials for recycling as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the collection of recyclable materials and requirements for source separation. (4) In the event that a collector elects to perform collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder. (5 (4) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the customer or the collector of recyclable materials shall take physical possession of any recyclable materials placed for collection. (6 (5) Any vehicle used for the collection of recyclables must be clearly and unambiguously marked as a recycling truck, whether by permanent decals or markings, or by signage or placards displayed at all times during such use. (c) Frequency of collection. (1) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services to all customers who desire such services. Recycling collection services shall include collection from poly-cart recycling containers for all customers except those who expressly opt to forego receipt of a poly- cart. Such curbside recycling collection services shall be provided on at least a once- weekly basis and on the same day of the week as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for multi-family dwelling units and dwelling units located within mobile home parks. After January 1, 2010, or after a collector has offered and made available to its customers poly-cart recycling containers, whichever first occurs, said collector may modify its recycling collection schedule as long as curbside recycling collection services are provided on the same day of the week as the day of collection of solid waste from the customer and no less frequently than two (2) times per month. (2) Collectors providing collection services to multi-family and/or commercial customers shall provide services for the collection of recyclable materials from such customers who desire such services with such frequency as is necessary to prevent overflow of the recycling containers. ATTACHMENT 13 14.13 Packet Pg. 247 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -13- (d) Customer notification. (1) Upon the initial provision of solid waste collection services to new residential customers, and on or before December 31 of each year with respect to existing residential customers, collectors shall notify in writing such customers of: a. the availability of the collection of recyclable materials, b. the range of poly-cart recycling containers available, c. the materials designated for recycling collection pursuant to §15-414416; and d. such rules and regulations as have been established by the collector for the orderly collection of recyclable materials as authorized pursuant to Paragraph §15- 413(b)(2). Such notice shall further include notification of e. the variable-rate solid waste collection service options offered by the solid waste collector and, f. the related volume-based rates and fixed charges. service surcharges, and (2) The form of notice shall be submitted to the City for review for consistency with the requirements of this Article, and to ensure that the notice is sufficient to fully inform customers of the availability of recycling and level of service options (3 g. the availability of optional collection service for residential yard trimmings under §15-414. In addition, such notice shall include educational guidelines and information regarding solid waste, recycling and yard trimmings provided by the City to the collectors in electronic or printed form not later than December 31 of each year. Collectors must provide notice in paper form to all customers receiving a paper bill or paper service calendar. Collectors may provide notice electronically to customers receiving only electronic communications. (2) For group accounts, the notices required hereunder may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual residential customers within the group of the availability of recycling services and the terms of variable-rate service options, pursuant to Subsection §12-19(b). (4 (3) All verbal and written communications with customers by or on behalf of a collector, whether in person, by telephone, in written form or through any other means, must be consistent with and clearly and accurately describe all components of the system employed by the collector to provide and charge for variable-rate solid waste collection and recycling services. (5 (4) The collector shall deliver to the City's Natural Resources Director a true and correct copy of each form of such notification sent on or before December 31 of each year. Sec. 15-414. – Optional service – residential yard trimmings. ATTACHMENT 13 14.13 Packet Pg. 248 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -14- (a) Residential service required. As of April 1, 2017, each solid waste collector licensed by the City shall make available to each residential customer receiving solid waste collection services, including customers receiving solid waste collection services through a group account, curbside collection of residential yard trimmings at least once per week from April to November of each year upon a customer’s request. (b) Rates. Collectors shall be responsible for setting rates for collection of residential yard trimmings and such charges may be billed separately from any charges for basic services, as defined in §15-411 to include collection of solid waste and recyclable materials, provided by the collector, and shall not be governed by the requirements of §15-412(c). (c) Disposal of yard trimmings. Collectors may not comingle yard trimmings with refuse or recyclable materials, nor dispose of yard trimmings at a landfill. Yard trimmings shall be disposed of by the collector at a location or facility permitted to collect organic materials for recycling, reuse or composting. Sec. 15-415. – Collection of food store food scraps. (a) Frequency of Collection. Collectors providing food scraps collection service to food stores shall provide collection with such frequency as is necessary to present overflow of containers. Service must be provided at least one per week, but no less frequently that may be required by the Larimer County Department of Health and Environment. (b) Collectors – duties. All licensed collectors of food scraps operating within the City shall have the following duties: (1) Except as permitted by variance allowed under §12-23(a), collectors may not comingle food scraps with refuse or recyclable material or dispose of food scraps by any means other than at a location or facility permitted by the State of Colorado to collect such material (but not to a landfill). (2) A collector may establish such reasonable and industry-accepted requirements for the preparation of food scraps as are necessary to provide for the orderly collection of such materials, including requirements regarding the preparation of materials for collection, the collection of materials, and requirements for separation. (3) All food scraps placed for collection shall be owned by and be the responsibility of the food store until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the food store or the collector of food scraps shall take physical possession of any such materials placed for collection. Sec. 15-416. - Designation of recyclable materials., food scraps, and yard trimmings for collection. ATTACHMENT 13 14.13 Packet Pg. 249 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -15- (a) The City Manager shall, on or before the 30th1st day of NovemberOctober of each year, after consultation with the Larimer County Board of Commissioners, the Natural Resources Advisory Board and representatives of the licensed solid waste collectors operating within the City, determine which items (including recyclables, food scraps, and yard trimmings) shall be designated for recycling collection based upon the following criteria: (1) Local, state and federal laws and regulations, including, but not limited to, the requirements of this Article; (2) Potential for waste stream reduction; (3) Availability of markets; (4) Market price; (5) Safety factors and risks of transportation; and (6) Risks of comminglingcomingling of liquid wastes.; and (7) Adherence to the hierarchy of materials management and hierarchy of uses of foods scraps. (b) Notwithstanding the foregoing, collection for recycling of electronic equipment shall be at each collector's option; provided, however, that no collector providing collection services for electronic equipment may dispose of any such electronic equipment, but instead shall deliver any collected electronic equipment for recycling at a qualified recycling facility for electronic equipment. (c) All collectors shall be responsible for notifying their customers of the items identified to be recycled. (d (c) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article. Sec. 15-415417. - Application for license. (a) Any person desiring to obtain a license to engage in the business of being a collector of solid waste collection, recyclable materials, food scraps, or yard trimmings within the City shall make written application to the Financial Officer on forms provided by the City. All applications for renewal of a license by a licensed collector must be submitted no later than November 30 in advance of the new license year. The application shall include, without limitation, the following information: (1) The name and address of the applicant; (2) The principal place of business for the business to be conducted; ATTACHMENT 13 14.13 Packet Pg. 250 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -16- (3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or, recyclables, food scraps, and/or yard trimmings, or operated or located at any time in the City during the current or pending license year, including vehicle make, color, year, U.S. Department of Transportation safety inspection identification number, cubic yard capacity, Colorado license plate number and empty tare weight. (4) A description of the system to be used to account for and charge volume-based rates, as required under Subsection §15-412(c), and a plan describing the structure and operation of the recycling collection services to be offered to each customer class. The description of the system shall include a detailed description of the means by which residential customers are notified of and offered the full range of sizes of bags or containers provided for solid waste collection and those provided for curbside recycling and of the availability of seasonal yard trimmings collection service. In addition, the description shall provide sufficient detail to allow the Financial Officer to determine the means by which volume-based rates are applied to residential customers receiving waste- hauling services through any group account, such as the formula used to set volume- based rates for any group accounts, and the methods used to offer and account for the volume-based charges. (5) All information required pursuant to Subsection §15-418(a) for the preceding twelve-month period. (b) The Financial Officer shall determine whether an application meets the requirements of this Article, and whether all taxes, fees, penalties, interest or other financial obligations to the City of the applicant or any predecessor in interest of the applicant have been met, and whether the applicant is in current compliance with the requirements of this Article. The Financial Officer may request such additional information as he or she deems relevant to a determination of whether the requirements of this Article will be met by the applicant. The Financial Officer may deny any application if the Financial Officer reasonably determines that any requirements of this Article will not be met by the operation proposed by the applicant, or if the applicant is ineligible for a license under the terms of a revocation determination by the City Manager pursuant to §15- 426. (c) Upon a determination by the Financial Officer of whether a license shall issue under this Section§15-417, the Financial Officer shall give written notice to the applicant of his or her decision thereon. An applicant whose application has been denied may, within twenty (20) days after such decision is mailed, petition the City Manager for a hearing on the denial. The City Manager shall notify the applicant in writing of the time and place of the hearing. After such hearing, the City Manager shall make such order in the matter as he or she deems just and proper and shall furnish a copy of such final order to the applicant. Sec. 15-416418. - License requirements; fees and insurance. Upon approval of a license application, but prior to issuance, the collector shall furnish to the Financial Officer the following: ATTACHMENT 13 14.13 Packet Pg. 251 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -17- (1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required to be identified under Subsection §15-415(a); and (2) Proof that the collector has obtained a general comprehensive liability/automobile insurance policy protecting the collector from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than five hundred thousand dollars ($500,000.) for bodily injury and property damage per occurrence or in the aggregate. (3) Proof that each vehicle required to be identified under Subsection §15-415(a) has been registered with the U.S. Department of Transportation. ATTACHMENT 13 14.13 Packet Pg. 252 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -18- Sec. 15-417419. - Term of license. All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable. Sec. 15-418420. - Plans, recordkeeping and reports. (a) Each collector must accurately and completely account for and record, and report to the City using a form provided by the City by November 30 of each year, the following: (1) The specific manner in which trash collection and, recycling services and collection of food scraps and yard trimmings have been delivered in compliance with this Article, including, but not limited to, a complete list of all rate schedules used to charge for such services, including those offered to individual customers and those offered to group accounts, as well as the frequency of collection of trash collection and recycling services; (2) A description of any system used to impose and verify charges for trash volumes in excess of customer subscription levels; (3) The number of individual residential, multi-family and commercial customers, and any other customer category, who received solid waste collection services from the collector, by category, together with the number of group accounts within each category and the number of any such customer category that received services through a group account; and (4) The number of customers within each category that subscribe to each level of solid waste and, recycling, yard trimmings, or food scrap collection services, as well asand the number of customers that utilize prepaid bag or tag services, and the number of recycling poly-cartscontainers provided to residential customers, by size of poly-cart. ; (b) In addition, prior to implementation of any change to operational systems, plans or structures of any licensee which are required to be reported for issuance of a license or annually hereunder, the collector must submit such changes to the City for review. (c) All information submitted to the City pursuant to this Section§15-420 shall constitute public information, except as otherwise provided in the Colorado Open Records Act. Any such information constituting confidential customer records or financial proprietary information and identified as such by the licensee shall be maintained as confidential by the City, unless otherwise required by court order or as agreed by the relevant party-in-interest. If the City receives a request for public inspection or a request for release of any collector customer records or collector financial information to a third party, the City shall provide timely notice of such request to the licensee. ATTACHMENT 13 14.13 Packet Pg. 253 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -19- (d) Each collector licensed pursuant to this Article shall maintain accurate and complete records of the service provided to each residential customer, the charges to such customer and payments received, the form and recipients of any notice required pursuant to this Article, and any underlying records, including any books, accounts, contracts for services, including contracts for group accounts, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records., and copies of all applications for and documentation pertaining to all requests for variance pursuant to §15- 413(b)(3) above. It shall be the duty of each collector to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (e) Promptly upon a request by the City Manager in connection with an audit or other investigation he or she has initiated, a licensee shall make records retained pursuant to Subsection §15-418420(d) available, at its place of business or in such other reasonably convenient location as the licensee shall specify, for review by the City Manager, the Financial Officer or his or her designee, or an officer of the City charged with the investigation of potential violations of the Code, for the purpose of enforcing the requirements of this Article. (f) A licensee shall make available for review by the City such records in its possession as may be relevant to the investigation of any complaint regarding such licensee that has been submitted to the City or is under investigation by the City. (g) All collectors shall accurately and completely report to the City the following information, which shall be deemed to constitute public information: (1) Number of tons of solid waste collected in the City from all residential, multi- family and commercial customers, and any other customer category, reported by category of customer. The weight of solid waste collected shall be documented and verified based on actual load weight measurements of a representative solid waste load no less frequently than on a calendar quarter basis, using a scale certified by the State, which actual weight information shall also be described and reported. (2) Number of tons of each type (as determined by the City Manager pursuant to §15- 414416) of recyclables collected through thefrom all residential, commercial and multi- family recyclables collection program, and any other customer category, reported by category of customer. (3) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclablesfood scraps collected through the curbside recyclables collection programin the City from any customer category, reported by category of customer. (4) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclablesyard trimmings collected in the City from any customer category, including group accounts, reported by drop-off system. category of customer. ATTACHMENT 13 14.13 Packet Pg. 254 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -20- Such reports shall be made on forms to be provided by the City and shall be made for each full half-year of curbside collection performed by the collector. A half-year shall mean January 1 through June 30 or July 1 through December 31. All such reports shall be submitted to the City Manager no later than thirty (30) days following the close of each half-year. Sec. 15-419421. - Disposal of solid waste. All persons holding licenses pursuant to this Article and engaged in the business of collectionas a collector of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site whichthat is approved by any state. No solid waste shall be disposed of at any other location either inside or outside of the City. Sec. 15-420422. - Identification of vehicles. Each vehicle used in the solid waste collection businessby a collector to provide services within the City pursuant to a licensed issued under this Article shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial Officer at the time the license is granted. Sec. 15-421423. - Hours of operation. No collector shall operate any vehicle for the purpose of collection ofcollecting solid waste, recyclables, food scraps, or recyclable materialsyard trimmings on any street designated by the City as "local residential" or "residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours"). Sec. 15-422424. - Investigation of reports, records and other items relating to compliance with this article. For the purpose of ascertaining the correctness of any reports, plans or other documents submitted or required to be prepared and maintained by a licensed collector pursuant to this Article XV, or for the purpose of determining compliance with any requirements of this Article XV of any person, whether or not the same is licensed under this Article XV, the City Manager may hold investigations, including audits, and hearings concerning any matters covered by this Article, and may examine any relevant books, papers, records or memoranda of any such person and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of transactions involved, and may take testimony and proof of the information. The City Manager shall have the power to administer oaths to such persons. Except for routine or random audits, any such investigation shall be based upon reasonable suspicion of a violation as determined by the City Manager. The City Manager shall provide advance notice to the affected solid waste collector of his or her intent to conduct an investigation under this Section§15-424, unless the City Manager determines that provision of such notice may compromise the purpose of the investigation. Sec. 15-423425. - Subpoenas and witness fees. ATTACHMENT 13 14.13 Packet Pg. 255 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -21- All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the City Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of any other party to such proceeding, the City Manager may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the City Manager, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued through a court of record. Sec. 15-424426. - Attendance of witnesses and production of evidence to be compelled by municipal or district judge. Any Judge of the Municipal Court or the District Court, upon the application of the City Manager, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City Manager, by an action for contempt or otherwise in the same manner as the production of evidence may be compelled before such court. Sec. 15-425427. - Depositions. The City Manager, or any party to an investigation or hearing before the City Manager, may cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. Sec. 15-426428. - Suspension or revocation of license. The City Manager may, after written notice of no less than ten (10) days and an opportunity for a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke any license issued under this Article as he or she determines reasonably appropriate upon a finding that the licensee has failed to comply with any provision of this Article or has violated other applicable laws intended to protect public health, safety or the environment. No period of suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the City Manager may further declare such licensee ineligible for licensure under this Article for a period of up to one (1) year from the date of revocation, if he or she reasonably determines that the circumstances so warrant. In lieu of suspension or revocation of a license under this Section§15-428, or as a condition of future eligibility for licensure, if a licensee is declared ineligible for the same, the City Manager may establish reasonable terms and conditions for continuation of a license or such future eligibility. A license shall be subject to immediate suspension in the event of violation of any such terms and conditions for continuation of a license. Sec. 15-427429. - Notices. ATTACHMENT 13 14.13 Packet Pg. 256 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -22- All written notices required to be mailed, served or given to any person under the provisions of this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the last known address of such person on file with the City and shall be deemed to have been received by such person when so mailed or delivered. Sec. 15-428430. - Review of decisions of the city manager. The licensed collector or other person subject to final action of the City Manager under this Article may apply for review of such action in the Larimer County District Court in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than thirty (30) days after the date of the decision to be reviewed. Sec. 15-429431. - Violations. It shall be unlawful for any person to: (1) Fail or refuse to make or file any record, report, application or other document required to be made or filed by this Article or to make any false or fraudulent record or report or any false or fraudulent statement in any such document; (2) Operate as a solid waste collector within the corporate limits of the City without the license required by this Article or to continue to do business during a period of suspension of such license or after such license is revoked; or (3) Aid or abet another in any attempt to evade any requirements imposed by this Article. Sec. 15-430432. - Other remedies unaffected. Nothing in this Article shall be construed to limit or forbid the City or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article, including, without limitation, the prosecution of violations of this Article pursuant to §1-15 of this Code. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk ATTACHMENT 13 14.13 Packet Pg. 257 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -23- ATTACHMENT 13 14.13 Packet Pg. 258 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV OF THE FORT COLLINS CITY CODE -24- Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk ATTACHMENT 13 14.13 Packet Pg. 259 Attachment: Chapter 15, Article XV of City Code, redlined to show changes (4782 : Community Recycling) 1 Community Recycling Ordinance Jeff Mihelich & Caroline Mitchell 9-6-16 14.14 Packet Pg. 260 Attachment: Powerpoint presentation (4782 : Community Recycling) CRO Supports Council-Adopted Goals Road to Zero Waste Goals • 75% diversion by 2020 • 90% diversion by 2025 • Zero waste by 2030 2 Road to 2020 Goals • 20% reduction by 2020 • 80% reduction by 2030 • Carbon neutral by 2050 2015 diversion: 58% 14.14 Packet Pg. 261 Attachment: Powerpoint presentation (4782 : Community Recycling) Public Outreach & Input Received • 5 public meetings • Presentations to 5 City Boards & Commissions • Regular meetings with trash haulers • Presentations to 14 Stakeholder & Community Groups • Advisory board with 20 diverse members • 250+ responses to online questionnaire • 600+ subscriptions to email updates 3 14.14 Packet Pg. 262 Attachment: Powerpoint presentation (4782 : Community Recycling) Proposed Changes to Code 1) Allow haulers option of service surcharge to single-family customers • Immediately 2) Optional seasonal yard trimmings collection offered to single-family customers • April 2017 3) Recycling service to multi-family and commercial • By 2020 4) Grocers subscribe to food scraps collection • By end of 2017 4 14.14 Packet Pg. 263 Attachment: Powerpoint presentation (4782 : Community Recycling) 5 1) Recycling service included with trash service; cost embedded 2) Trash pricing based on volume of trash can subscription • 100% price difference Current Pay-As-You-Throw Requirements $13 $39 $26 *Rates are for example. Actual rates set by haulers. 14.14 Packet Pg. 264 Attachment: Powerpoint presentation (4782 : Community Recycling) Change #1: New Service Surcharge • Reinstates fee allowed prior to 2009 • Haulers can charge up to 25% of cost of smallest trash cart • Generalized service surcharge can be used for • Cost to deliver recyclables • Fuel charges • Other variable costs that may arise in future • Same cost for all trash customers, regardless of trash cart size subscription 6 $ 3-4 $ 3-4 $ 3-4 *Rates are for example. Actual rates set by haulers. 14.14 Packet Pg. 265 Attachment: Powerpoint presentation (4782 : Community Recycling) 7 Change #2: Optional seasonal yard trimmings for single-family homes Requires haulers to provide yard trimming collection to single family customers • Seasonal (April through November) • Extra fee can be charged • Service is optional for single family customers 14.14 Packet Pg. 266 Attachment: Powerpoint presentation (4782 : Community Recycling) 8 Change #3: Require Recycling for Commercial, Multi-Family • Recycling is separate fee, NOT bundled • Minimum of one third of overall service provided as recycling Recycling Required to be Part of Service by 2020 14.14 Packet Pg. 267 Attachment: Powerpoint presentation (4782 : Community Recycling) 9 Change #4: Require food scraps subscription from grocers • Exemption if volume of organics disposed of is less than 96 gallons/week • Grocers have not expressed reservations about starting composting Requires grocers to subscribe to compost collection service by end of 2017 14.14 Packet Pg. 268 Attachment: Powerpoint presentation (4782 : Community Recycling) 10 Service Surcharge Optional Single- Family Yard Trimmings Grocer Composting 0 5,000 10,000 15,000 20,000 25,000 Estimated Annual Tons Diverted by CRO Elements * Restaurant composting and bundled single- family organics in future will increase diversion significantly (80% of goal) Multi-Family & Commercial Recycling 0% of goal 1% of goal 25% of goal 1% of goal 14.14 Packet Pg. 269 Attachment: Powerpoint presentation (4782 : Community Recycling) 11 Discussion: Phase-In for Multi-family, Business Recycling Phase-in Options for Remaining 1) 25% per year (2017-2020) 2) 40% by end of 2018, remainder by end of 2020 3) No phase-in Currently: 49% of business, 70% of multi-family recycle Staff recommendation: 40% by 2018 14.14 Packet Pg. 270 Attachment: Powerpoint presentation (4782 : Community Recycling) 12 Ordinance # 109, 2016 Staff recommends adoption of Ordinance # 109, 2016 • Will return in one year to discuss organics collection options • Allow haulers option of service surcharge to single-family customers immediately • Optional seasonal yard trimmings collection offered to single-family customers by April 2017 • Require recycling service to multi-family and commercial locations by 2020 • Require grocers subscribe to food scraps collection by end of 2017 14.14 Packet Pg. 271 Attachment: Powerpoint presentation (4782 : Community Recycling) Back up slides 13 14.14 Packet Pg. 272 Attachment: Powerpoint presentation (4782 : Community Recycling) 14 Increased Recycling or Composting (tons) Annual Greenhouse Gas Impact (MTCO2E) Estimated Monthly Cost Service surcharge to single-family customers Immediately None None $3-4 / customer Optional seasonal yard trimmings collection to single-family homes By April 2017 413 0.1% diversion rate increase minor $13-15 / subscriber (optional) Require recycling service to multi- family and commercial locations By 2020 15,000 tons 4.2 percentage point diversion rate increase -10,080 Potential additional 33% to 50% cost (for those not already recycling) Require food scraps subscription from grocers By end of 2017 650 tons 0.6 percentage point diversion rate increase - 667 Variable – Perhaps cost neutral, perhaps cost increase Community Recycling Ordinance Elements 14.14 Packet Pg. 273 Attachment: Powerpoint presentation (4782 : Community Recycling) 15 Presented at 10/13/15 Work Session Current Package Single-Family Trash / Recycling (Pay-As-You-Throw) • Price difference 80% • Immediately • Add service surcharge • Immediately Single-Family Yard Trimmings Collection • Haulers offer yard trimmings collection Apr-Nov, opt-in • April 2017 Same Multi-Family & Commercial Recycling • Bundle recycling into trash service • June 2017 (new cust. now) • Require recycling with trash service • 2020 (new cust. now) Grocer Composting • Require compost collection • 2017 Same Restaurant Composting • Require compost collection • 2018 Suggested for consideration in the future Single-Family Yard Trimmings & Food Scraps Collection • Bundle yard trims and food scraps collection into basic service • 2018 Suggested for consideration in the future 14.14 Packet Pg. 274 Attachment: Powerpoint presentation (4782 : Community Recycling) 16 Service Surcharge Optional Single- Family Yard Trimmings Multi-Family & Commercial Recycling Grocer Compost Restaurant Composting Year-Round Single-Family Food Scraps & Yard Trimmings 0 5,000 10,000 15,000 20,000 25,000 Estimated Annual Tons Diverted by CRO Elements 14.14 Packet Pg. 275 Attachment: Powerpoint presentation (4782 : Community Recycling) Alignment of Project 17 Plan Fort Collins: Principles ENV 13, 14, 15, 17 Strategic Plan: 4.6, 4.11: Demonstrate progress toward achieving zero waste within the community and the City organization BFO metrics: ENV 7, 10, 12 City Council-Adopted Goals: zero waste by 2030 Community Recycling Ordinance project 14.14 Packet Pg. 276 Attachment: Powerpoint presentation (4782 : Community Recycling) 18 14.14 Packet Pg. 277 Attachment: Powerpoint presentation (4782 : Community Recycling) 19 NOT Impacted by CRO 40% Impacted by CRO 60% Tons Landfilled in 2015 Residential 32% Industrial 40% Commercial 28% 14.14 Packet Pg. 278 Attachment: Powerpoint presentation (4782 : Community Recycling) 20 Projects to Achieve Road to Zero Waste Goals Policy Regional Wasteshed Planning Long-term plan Community Recycling Ordinance Potential residential and commercial organics policy Education Ongoing education to residents, businesses Potential volunteer program for enhanced outreach capability Infrastructure Timberline Recycling Center Compost facility / transfer station? 14.14 Packet Pg. 279 Attachment: Powerpoint presentation (4782 : Community Recycling) 21 RESIDENTIAL Compostable= 58% Recyclable = 20% 14.14 Packet Pg. 280 Attachment: Powerpoint presentation (4782 : Community Recycling) 22 COMMERCIAL & MULTI-FAMILY 14.14 Packet Pg. 281 Attachment: Powerpoint presentation (4782 : Community Recycling) -1- ORDINANCE NO. 109, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO COLLECTION AND DISPOSAL OF REFUSE, RUBBISH AND RECYCLABLES, AND SOLID WASTE COLLECTION AND RECYCLING SERVICES, INCLUDING REPEALING AND REENACTING CHAPTER 15, ARTICLE XV OF CITY CODE WHEREAS, pursuant to Ordinance No. 116, 1990, the Fort Collins City Council repealed and reenacted Chapter 15, Article XV of the Fort Collins City Code entitled “Solid Waste Collection and Recycling Services” to establish curbside recycling service for each single-family residential solid waste collection service customer within the City; and WHEREAS, pursuant to Ordinance No. 058, 1995, the Fort Collins City Council amended Chapter 15, Article XV of the Fort Collins City Code to establish a requirement of volume based rates for the collection of solid waste (sometimes referred to as “pay as you throw” or “PAYT”); and WHEREAS, pursuant to Resolution 2013-111, the Fort Collins City Council adopted a goal of diverting 75% of the community’s waste stream from disposal to reuse or recycling by 2020, 90% by 2025, and 100% by 2030; and WHEREAS, implementing recycling at multi-family and commercial locations as well as adding yard trimmings collection service for single-family residents were identified as primary next steps in the goals set pursuant to Resolution 2013-111; and WHEREAS, 75-91% of the respondents to the City’s 2011 Air Quality and Recycling Survey agreed that businesses, multi-family homes and single-family homes should be required to recycle and that yard waste collection service should be offered to single-family homes; and WHEREAS public involvement was conducted during 2015 and 2016 at the request of the City Council, to establish the new requirements set forth in this Ordinance; and WHEREAS in 2015, 94% of single-family residential customers but only 70% of multi- family complexes and 49% of business customers subscribed to recycling service; and WHEREAS, in light of current recycling and economic conditions, the City’s commitment to the community waste reduction goals, and public and industry input and comment, the City Council has considered and desires to adopt further modifications of Chapter 15, Article XV to allow private solid waste collectors the option to apply a service surcharge on residential trash and recycling bills, require private solid waste collectors to offer optional yard trimming collection to single family customers from April through November as a separate, opt- in fee, require private solid waste collectors to provide recycling service to businesses and apartment complexes by 2020, and require licensed collectors providing food scraps collection services to grocers to segregate and properly dispose of food scraps at a compost facility rather than a landfill ; and Packet Pg. 282 -2- WHEREAS, City Council has also considered and desires to adopt modifications of Chapter 12, Article II of the City Code to require grocers to subscribe to compost collection service by the end of 2017 and make other changes consistent with the modification of Chapter 15, Article XV; and WHEREAS, City Council has determined that it is in the best interest of the citizens of the City, in the protection of public health, safety, and welfare, to further amend Chapter 15, Article XV as set forth in this ordinance to further promote the recycling of solid wastes for the purpose of enhancing the recovery of valuable natural resources, extending the life the Larimer County Landfill, and furthering the goals and objectives of the City with respect to the reduction of waste and generation of greenhouse gasses. 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 Section 12-16 of Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the deletion of the definitions for the following terms and addition of new definitions for such terms, to read as follows: At the curb, or curbside, shall have the same meaning as “curbside” set forth in §15-411 of this Code. Container shall have the meaning set forth in §15-411 of this Code. Food scraps shall have the meaning set forth in §15-411 of this Code. Food store shall have the meaning set forth in §15-411 of this Code. Qualified recycling facility shall have the meaning set forth in §15-411 of this Code. Recyclable cardboard shall have the meaning set forth in §15-411 of this Code. Section 3. That Section 12-18(a) of Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the deletion of references therein to §§15-411 through 15-421 and the insertion of a reference to §15-417 in lieu thereof. Section 4. That Section 12-22(a) of Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the deletion of reference therein to §15-413(e) and the insertion of a reference to §15-416(b) in lieu thereof. Packet Pg. 283 -3- Section 5. That Article II, Chapter 12 of the Code of the City of Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the addition of a new Section 12-23, and the sequential renumber of existing Sections 12-23 through 12-26 is hereby amended to Sections 12-24 through 12-27, with the new section 12-23 to read as follows: Sec. 12-23. – Collection requirement – Food Store Food Scraps. (a) Food stores – service requirement. Commencing on December 31, 2017, food stores within the City that dispose of more than 96 gallons of food scraps per week shall subscribe to a service for the collection of food scraps by a collector licensed to provide such services within the City or shall obtain a variance in accordance with the following provisions: (1) If a food store desires not to obtain food scraps collection services for any reason, including space constraints, donation of all food scraps for human or animal consumption, self-hauling of food store food scraps to a location or facility permitted by the State of Colorado to accept such material (but not to a landfill), disposal of food scraps via garbage disposal or other similar technology that processes food scraps for disposal via waste water infrastructure, on-site composting or failure to generate food scraps, the food store must submit a written request for variance on a form provided by the City. (2) Upon receipt of such a request for variance, the Director shall either approve the variance for good cause shown or disapprove the variance. If the variance is approved, the food store shall not be required to obtain food scraps collection services for a period of twelve (12) months from the date of approval. If, after 12 months, the constraints on which the variance was based still exist, the food store may submit a request for an additional twelve (12) month variance. (3) For purposes of this §12-23(a), “good cause shown” shall mean evidence presented by the food store that, to the reasonable satisfaction of the Director of the City’s Environmental Services Department, demonstrates that the customer lacks sufficient space for food scraps containers, donates all food scraps for human or animal consumption, self-hauls food scraps to a facility permitted by the State of Colorado to accept such material (but not to a landfill) or disposes of food scraps via garbage disposal or other similar technology that processes food scraps for disposal via waste water infrastructure, or by on-site composting. (b) Collection frequency. Food stores obtaining such food scraps collection services shall require collection with such frequency as is necessary to present overflow of containers. Service must be provided at least one per week, but no less frequently that may be required by the Larimer County Department of Health and Environment. (c) Disposal of food scraps. Except as permitted by a variance obtained in accordance with §12-23(a) above, a food store located within the City shall not comingle food scraps with refuse Packet Pg. 284 -4- or recyclable material or dispose of food scraps by any means other than at a location or facility permitted by the State of Colorado to collect such material (but not to a landfill). Section 6. That Chapter 15, Article XV of the Code of the City of Fort Collins is hereby repealed in its entirety and a new Chapter 15, Article XV entitled Solid Waste Collection and Recycling Services is hereby enacted to read in its entirety as follows: ARTICLE XV. SOLID WASTE COLLECTION AND RECYCLING SERVICES Sec. 15-411. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this §15-411: Basic service shall mean collection of solid waste and recyclable materials from a residential customer by a collector. Collector shall mean a person or entity providing collection service for solid waste and/or recyclables and/or food scraps and/or yard trimmings. Commercial customers shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities. Customers, other than residential customers, serviced using any type of collection container, including without limitation poly-carts, dumpsters, or roll-off bins, are considered commercial customers unless the service is provided for an active construction or demolition project permitted by the City of Fort Collins building department. Communal system for the collection of waste shall mean an arrangement for the collection of waste from multiple properties or residences using collection containers shared by those properties or residences. Composting of food scraps shall mean the process of converting these materials into a nutrient- rich soil amendment. Container shall mean a refuse container as defined in §12-16, a poly-cart, disposable bags, bin- type containers, carts or bulk-volume dumpsters or plastic receptacles, each of variable volume capacities as defined in this Article, provided by a collector to a customer and used for the collection of refuse, recyclable materials, food scraps or yard trimmings. Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk or on the street side of the curb so long as such location does not impede bike, pedestrian, or car traffic and is not on an arterial street. Packet Pg. 285 -5- Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside location or within a dumpster site. Director shall mean the Director of the City’s Environmental Services Department. Dumpster shall mean a metal or plastic container 1 cubic yard to 10 cubic yards in volume that is used to collect refuse or recyclables. Electronic equipment shall mean any electronic device or electronic component as those terms are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations 1007-3, Section 260.10. Existing customers shall mean customers with whom a collector has a written contract for collection services or for whom a collector is providing collection services, but not recycling services, as of December 31, 2016. Feed animals shall mean to divert for use as animal feed, in accordance with regulations established by Colorado Department of Public Health and Environment. Feed hungry people shall mean donate extra food to food banks, soup kitchens, and shelters and/or other methods of making extra food available for human consumption consistent with state and local regulation. Food scraps shall mean any animal- or vegetable- based staple foodstuffs, including food scraps resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and other compostable items such as food-soiled paper, provided that such materials have been designated for collection by the City Manager pursuant to §15-416. Food store shall mean a retail establishment or business located within the City in a permanent building, operating year round, that is a full-line, self-service market and which sells a line of staple foodstuffs, meats, produce, dairy products or other perishable items. "Food store" does not include: (a) temporary vending establishment for fruits, vegetables packaged meats and dairy products; (b) vendors at farmers' markets or other temporary events; (c) businesses at which foodstuffs are an incidental part of the business. Food sales will be considered to be "incidental" if such sales comprise no more than 2 percent (2%) of the business' gross sales in the city as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. Group account shall mean a customer account for solid waste collection services that provides for collection of waste from multiple residential customers, regardless of the method by which such services are contracted or arranged. An account for service arranged by a single property Packet Pg. 286 -6- owner for collection of solid waste from multiple locations owned by that property owner shall not constitute a group account for the purposes of this Article. Hierarchy for materials management shall mean the same as the definition for that term formally adopted by the US Conference of Mayors in 2015 as follows: the prioritization of methods for management of materials in the following order, from preferred use to least preferred: 1) extended producer responsibility and product redesign; 2) reduce waste, toxicity, consumption, and packaging; 3) repair, reuse, and donate; 4) recycle; 5) beneficial reuse; 6) waste-based energy as disposal; 7) landfill as disposal. Hierarchy of uses for food scraps shall mean the prioritization of methods for reducing or disposing of food scraps in the following order, from preferred use to least preferred: 1) source reduction of food scraps; 2) feed hungry people; 3) feed animals; 4) industrial uses; 5) composting; 6) disposal in a landfill or incineration. Industrial uses of food scraps shall mean to provide waste oils for rendering and fuel conservation and food scraps for digestion to recover energy. Landfill shall mean an area of land or excavation licensed by the State of Colorado to accept waste for permanent disposal. Large capacity container(s) shall mean a container with a volume capacity of more than 90 gallons but not more than 99 gallons. Medium capacity container(s) shall mean a container with a volume capacity of more than 60 gallons but not more than 69 gallons. Multi-family customers shall mean residential properties for which there is a communal system for the collection of solid waste. Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid, manufactured and used for the collection of refuse, recyclable materials, food store food scraps, or yard trimmings. For multi-family or commercial customers, a dumpster or roll-off bin with aggregate volume of multiple poly-carts shall be deemed to constitute one or more poly-carts. Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful materials from one (1) or more specified recyclable materials including items for reuse, and shall be deemed to include only a facility that meets any federal or state standards that may be established to regulate or designate such recycling facilities. Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to, materials used in packaging or storage containers that consist of three (3) or more layers of Kraft paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be considered recyclable cardboard regardless of whether it has glue, staples or tape affixed, but not if it is permanently attached to other packing material or a nonpaper liner, waxed cardboard or cardboard contaminated with oil, paint, blood or other organic material. Packet Pg. 287 -7- Recyclable materials shall mean materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable pursuant to §15-414 of this Article. Recycling shall mean the process of recovering useful materials from solid waste, including items for reuse. Recycling collector shall mean a person or entity providing recyclable collection services. Refuse shall have the meaning set forth in §12-16 of this Code. Residential customer shall mean a customer at a residential property for which a communal system for the collection of waste is not employed. Roll-off bin shall mean an open-top or gable-top metal container used to collect refuse or recycling that is 10 cubic yards or greater in capacity. Service shall mean collecting, transporting or disposing of solid waste, recyclable materials, food store food scraps or yard trimmings for consideration. Small capacity container(s) shall mean a container with a volume capacity of more than 30 but not more than 39 gallons. Solid waste shall mean all refuse, putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recyclable materials which have been source separated for collection. Solid waste collector shall mean the person who provides solid waste collection service on a regular, recurring schedule. Source reduction of food scraps shall mean reduction of the volume of surplus food generated and disposed of. Source separation shall mean to separate solid waste, recyclable materials, food scraps and yard trimmings at the waste source. Volume capacity category of containers shall mean small capacity containers, medium capacity containers, or large capacity containers placed for collection of solid waste, recyclable materials, food scraps or yard trimmings. Yard trimmings shall mean yard clippings, wood, branches, leaves, and twigs as designated for collection by City Manager pursuant to §15-416. Packet Pg. 288 -8- Sec. 15-412. - License requirement. (a) License required. No person shall operate as a collector within the corporate limits of the City without first obtaining a collection license for such activity pursuant to §15-417. (b) Exemptions. The following persons or entities are not required to obtain a solid waste or recyclable collection license: (1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity; (2) A person who transports solid waste or recyclable materials produced by such person; (3) A property owner or agent thereof who transports solid waste, recyclable materials, yard trimmings or food scraps left by a tenant upon such owner's property, so long as such property owner does not provide collection service for compensation for tenants on a regular or continuing basis; (4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the particular demolition, construction or landscape work being performed by such person. (c) Volume-based rates for solid waste service. (1) Any person licensed to operate as a collector within the City shall charge all residential customers, including, but not limited to, residential customers provided service through a group account, on the basis of the volume capacity category of the solid waste containers placed for collection by each residential customer. Collectors shall determine a rate for, and offer to residential customers, the small capacity container solid waste service, and that rate shall be used to determine the rates for all other service levels. Said charges shall be based upon the solid waste container size, rather than the volume of solid waste actually deposited within such containers by the residential customers. The charge for additional solid waste containers of the same volume capacity category shall be no less than one hundred (100) percent of the charge for the first such container. The charge for solid waste volumes in excess of a customer’s service subscription level (based on volume capacity category) shall be proportional by volume to the collector's standard rate for a small capacity container. (2) In order to further ensure that the charge for the collection of solid waste is based upon volume as required above, any person licensed as a collector shall provide to each residential customer containers (which may include disposable bags), or labels to be attached to customer-provided disposable bags, showing the volume capacity category of Packet Pg. 289 -9- such bags, or shall establish another system for accomplishing the same purpose which is acceptable to the City. A solid waste collector shall arrange for provision of service to each group account in a manner that results in an individual selection by each individual residential customer of a level of service from the full range of volume capacity category container sizes and levels of service offered by the collector. In the case of a group account, the solid waste collector shall require a written contract confirming compliance with the provisions of this Article. (3) In offering or arranging for services, a collector shall provide reasonable notice of the full range of volume capacity category container sizes or levels of service offered by the collector, and shall provide to each residential customer that customer's requested volume capacity category container size or level of service. (4) It shall be unlawful for any person to knowingly attach any label to a container exceeding in volume the volume capacity category shown on, or represented by, such label, and to place said container for collection. (5) No collector shall collect or transport solid waste, recyclables, food scraps or yard trimmings which have not been placed for collection through such system or in containers upon which such labels have been attached. (6) The provisions of this §15-412(c) shall not be construed as prohibiting any collector from also establishing rules and regulations regarding the maximum weight of containers of solid waste and/or recyclable materials. (7) A collector shall not collect any overloaded container unless the collector accounts for and bills the customer the appropriate fee or charge for the collection of such excess solid waste. Loading of a container so as to prevent the lid of the container from closing securely shall be deemed to constitute overloading of the container for the purposes of this provision. The determination of overloading and charges therefor shall be made on an individual pick-up date basis, and there shall be no "averaging" of pick-up volumes to allow for overloading at one (1) time offset by a low volume at another time. (d) Fixed fees for prepaid disposable bags or labels for solid waste service. (1) Where prepaid disposable bags or prepaid labels for customer-provided disposable bags (rather than reusable containers) are provided by a collector to its customers for solid waste collection services, solid waste collectors may, but are not required to, charge a fixed fee for the purpose of covering the fixed operational costs of routing service trucks for such collections in addition to the volume based rates for the prepaid bags or labels under §15-412(c) above. (2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed seventy-five (75) percent of the monthly volume-based rate charged for one (1) small capacity container per week. Packet Pg. 290 -10- (3) In the event that a solid waste collector elects to establish a fixed fee, all bills for services provided by such collector to residential customers shall clearly show both the fixed fee and the volume-based rate. (e) Service surcharge for solid waste service. (1) In addition to the volume-based rates required pursuant to §15-412(c) above and any fixed fees permitted under §15-412(d) above for collection of prepaid disposable bags or prepaid labels for customer-provided disposable bags, collectors may, but are not required to, charge a service surcharge to residential customers. A service surcharge may be imposed only to cover fluctuating operational costs of doing business outside of a collector’s control (such as, for example, fuel costs or market based recycling fees paid by collectors). A service surcharge shall be permitted and charged only as set forth in this §15-412(e). (2) If a collector elects to charge such service surcharge, said surcharge shall not exceed twenty-five (25) percent of the monthly volume-based rate charged for one (1) small capacity container per week. (3) In the event that a collector elects to establish a service surcharge, all bills for services provided by such collector to residential customers shall clearly show both the service surcharge and the volume-based rate. Additionally, in the event that a collector elects to establish a service surcharge, such collector shall, on or before January 1 of each ensuing year, deliver to the Director a true and correct copy of such rate schedule. (f) Refusal due to recyclable materials. In the event that a collector refuses to collect any solid waste container because it contains materials required to be recycled under §12-22, the collector shall not be required under this §15-412 to credit the customer for such refused container. A collector shall not collect materials required to be recycled under §12-22 comingled in a solid waste container, except that, with respect to recyclable cardboard, a collector may, but shall not be obligated to, accept any solid waste container that has reasonably been determined, based upon visual inspection, to contain no more than twenty-five (25) percent recyclable cardboard by volume. (g) Subcontractors or agents. In the event that a collector elects to perform collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder. Sec. 15-413. - Recycling requirement. (a) Curbside/on-site collection - Residential. (1) Each solid waste collector licensed by the City shall provide to each residential customer in the City, as a part of any solid waste collection services provided by such solid waste collector and without additional charge other than a service surcharge under Packet Pg. 291 -11- §15-412(e), the collection at curbside of both solid waste and recyclable materials. Charges for such basic service provided to each residential customer shall include recyclable materials in a minimum amount equal to at least eighteen (18) gallons and need not be more than two large volume capacity containers. No collector shall be permitted to divide or diminish charges for the provision of such basic service at the request of such customer or for any other reason. (2) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services at least once per week and on the same day of the week as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for residential customers located within mobile home parks. After a collector has offered and made available to its residential customers medium and/or large capacity containers for recycling, said collector may modify its recycling collection schedule to a minimum of two collections per month as long as curbside recycling collection services are provided on the same day of the week as the day of collection of solid waste from the residential customer. When a residential customer has two large capacity containers for recycling collection, collectors may require that all recyclable materials fit inside the container provided to a residential customer. (b) On-site collection - Multi-Family and Commercial. (1) Each solid waste collector licensed by the City shall, upon request, provide to each multi-family and commercial customer (and other customers receiving solid waste collection services through a communal system of waste collection) as a part of any solid waste collection services provided by such solid waste collector, the collection of recyclable materials. Such collector shall be permitted to impose an additional charge to multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste collection) for the collection of recyclable materials. (2) The amount of recyclable materials collection that shall be provided to each multi-family and commercial customer as a part of such basic services shall be not less than one-third (1/3) of the total collection volume (including both solid waste and recyclables) for such customer based on the size of solid waste containers provided to such customer and the service frequency (“minimum recycling service”). For example, if such a customer is provided with pick-up of a 4-cubic-yard trash container that is collected once per week, the collector shall also provide minimum recycling service in an amount equal to not less than a 2-cubic-yard recycling container as a part of such basic services (2 cubic yards is one-third (1/3) of the total service volume (including both solid waste and recyclables) of 6 cubic yards). (3) Commencing January 1, 2017, each solid waste collector licensed by the City shall provide to new and existing multi-family and commercial customers (and other customers receiving solid waste collection services through a communal system of waste Packet Pg. 292 -12- collection) as a part of any solid waste collection services provided by such collector, the minimum recycling service calculated under §15-413(b)(2) in accordance with the schedule set forth in this §15-413(b)(3). Each solid waste collector licensed by the City must add minimum recycling service to the solid waste collection service provided to existing multi-family and commercial customers not receiving recycling service as of December 31, 2016 (“unserved multi-family and commercial customers”) in accordance with the following schedule: a. by December 31, 2017, _____ percent (___%) of its unserved multi- family and commercial customers; b. by December 31, 2018, _____ percent (___%) of its unserved multi-family and commercial customers; and c. by December 31, 2019 _____ percent (___%) of its unserved multi-family and commercial customers; and d. by December 31, 2020 ________one hundred percent (100%) of its unserved multi-family and commercial customers. Thereafter, the cost for minimum recycling service must be billed in addition to the cost of solid waste collection service for all multi-family and commercial customers. The charge for both such services may be itemized separately for billing purposes, but shall not be reduced to exclude the cost of minimum recycling service unless a variance is granted in accordance with this §15-413(b)(3). A variance may be granted by the City in accordance with the following provisions: (i) If a collector's multi-family or commercial customer declines to participate in minimum recycling collection services offered by a collector due to space constraints, self-hauling recyclables to recycling drop-off center, utilization of a separate licensed recycling collection provider other than the solid waste collector, failure to generate recyclables, or if only available location for recycling bin is not safely serviceable by hauler, the customer must submit a written request for variance on a form provided by the City and signed by the customer. A recycling bin location that is not safely serviceable is defined as a location that is substantially less safe to service than the trash bin service area for that location. Upon receipt of such a request for variance, the Director shall either approve the variance for good cause shown, or disapprove the variance. A copy of the approved or disapproved variance shall be sent by the City to the solid waste collector servicing that customer. (ii) For purposes of this §15-413(b)(3) "good cause shown" shall mean evidence presented by the customer that, to the reasonable satisfaction of the Director, demonstrates that the customer lacks sufficient space for recycling containers, self-hauls recyclables to a drop-off recycling center, utilizes a separate Packet Pg. 293 -13- licensed recycling collector, generates recyclables in an amount less than one- third (1/3) of the customer’s total solid waste and recyclables, or the only available location to service recycling bin(s) is substantially less safe to service than the trash bin service area for that location and therefore is deemed unsafe to service. (iii) If a variance is granted for a customer not generating recycling of at least one third (1/3) of the volume of waste generated, but the customer generates at least 96 gallons of recyclables per week, the variance will require that recycling service in the volume of recycling the customer generates be included as a part of solid waste collection services. (iv) If a variance is approved in accordance with the foregoing provisions, the collector shall not be required to provide such recycling services to such multi- family or commercial customer for the five (5) year period following approval of the variance, except as otherwise provided by the Code. If, after the five (5) year period, the constraints on which the variance was based still exist, the customer may submit a request for an additional five (5) year variance, except as otherwise provided by the Code. (v) If the variance is not approved, the collector shall be required to provide minimum recycling services, in addition to solid waste collection, and charge the customer for the minimum required volume of recycling services as set forth herein. (4) Collectors providing collection services to multi-family and/or commercial customers shall provide services for the collection of recyclable materials from such customers with such frequency as is necessary to prevent overflow of the recycling containers. (5) Collectors shall provide each multi-family and commercial customer with educational guidelines for recycling and signage for use inside its facilities, which guidelines and signage may be designed and provided by the collector and approved by the City or the collector may utilize City-provided guidelines and signage for this purpose. (c) Collection of recyclable materials; duties of collectors. All licensed collectors of recyclable materials and solid waste operating within the City shall have the following duties: (1) Except for materials that customers have not properly prepared for recycling, collectors may not commingle designated recyclable materials with refuse, nor dispose of recyclable materials set out by recycling customers by any means other than at a qualified recycling facility. Recyclable materials shall include all those materials designated by the City Manager pursuant to §15-416 as materials which collectors must offer to collect for recycling. Packet Pg. 294 -14- (2) Collectors shall provide to each residential solid waste customer who utilizes recycling services within the City a container for storing and setting out recyclable materials meeting the requirements of this §15-413(c), clearly marked as a recyclables container with words or symbols or both. Collectors must annually offer each residential recycling customer, in writing, a choice of a medium capacity or large capacity recycling container. The collector must provide the requested container without additional charge to such customer, except that the collector may require the payment of a refundable damage or loss deposit or a charge for lost or damaged containers, not to exceed the actual cost of the container. The collector must provide a container for recycling to all residential recycling customers except those customers who expressly decline a container, and must provide a container to any customer at any time upon request within one (1) billing period after the request is made. Collectors shall provide recycling containers to multi-family and commercial customers (in the form of containers, dumpsters, or roll-off bins as deemed appropriate for servicing the location) and with a capacity sufficient to meet one-third (1/3) of service as recycling volume requirement. Regardless of the type of container, it must be clearly identifiable as a recycling container and include a conspicuous chasing arrows decal on the side(s) of the container accessed by service or pedestrian access, as well as signage such as stickers or weather-resistant laminated posters or imprinting into the surface of the container during manufacture, of recyclable materials accepted in local collection programs, including graphics depicting acceptable materials; such information may be delivered by use of City-provided graphics or graphics provided by the collector and approved by the City. (3) The collector may establish such reasonable and industry-accepted requirements for the preparation of materials for recycling as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the collection of recyclable materials and requirements for source separation. (4) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the customer or the collector of recyclable materials shall take physical possession of any recyclable materials placed for collection. (5) Any vehicle used for the collection of recyclables must be clearly and unambiguously marked as a recycling truck, whether by permanent decals or markings, or by signage or placards displayed at all times during such use. (d) Customer notification. (1) Upon the initial provision of collection services to new residential customers, and on or before December 31 of each year with respect to existing residential customers, collectors shall notify in writing such customers of: a. the availability of the collection of recyclable materials, Packet Pg. 295 -15- b. the range of recycling containers available, c. the materials designated for recycling collection pursuant to §15-416; and d. such rules and regulations as have been established by the collector for the orderly collection of recyclable materials as authorized pursuant to §15-413(b)(2). e. the variable-rate solid waste collection service options offered by the solid waste collector, f. the related volume-based rates and service surcharges, and g. the availability of optional collection service for residential yard trimmings under §15-414. In addition, such notice shall include educational guidelines and information regarding solid waste, recycling and yard trimmings provided by the City to the collectors in electronic or printed form not later than December 31 of each year. Collectors must provide notice in paper form to all customers receiving a paper bill or paper service calendar. Collectors may provide notice electronically to customers receiving only electronic communications. (2) For group accounts, the notices required hereunder may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual residential customers within the group of the availability of recycling services and the terms of variable-rate service options, pursuant to §12-19(b). (3) All verbal and written communications with customers by or on behalf of a collector, whether in person, by telephone, in written form or through any other means, must be consistent with and clearly and accurately describe all components of the system employed by the collector to provide and charge for variable-rate solid waste collection and recycling services. (4) The collector shall deliver to the Director a true and correct copy of each form of such notification sent on or before December 31 of each year. Sec. 15-414. – Optional service – residential yard trimmings. (a) Residential service required. As of April 1, 2017, each solid waste collector licensed by the City shall make available to each residential customer receiving solid waste collection services, including customers receiving solid waste collection services through a group account, curbside collection of residential yard trimmings at least once per week from April to November of each year upon a customer’s request. (b) Rates. Collectors shall be responsible for setting rates for collection of residential yard trimmings and such charges may be billed separately from any charges for basic services, as defined in §15-411 to include collection of solid waste and recyclable materials, provided by the collector, and shall not be governed by the requirements of §15-412(c). Packet Pg. 296 -16- (c) Disposal of yard trimmings. Collectors may not comingle yard trimmings with refuse or recyclable materials, nor dispose of yard trimmings at a landfill. Yard trimmings shall be disposed of by the collector at a location or facility permitted to collect organic materials for recycling, reuse or composting. Sec. 15-415. – Collection of food store food scraps. (a) Frequency of Collection. Collectors providing food scraps collection service to food stores shall provide collection with such frequency as is necessary to present overflow of containers. Service must be provided at least one per week, but no less frequently that may be required by the Larimer County Department of Health and Environment. (b) Collectors – duties. All licensed collectors of food scraps operating within the City shall have the following duties: (1) Except as permitted by variance allowed under §12-23(a), collectors may not comingle food scraps with refuse or recyclable material or dispose of food scraps by any means other than at a location or facility permitted by the State of Colorado to collect such material (but not to a landfill). (2) A collector may establish such reasonable and industry-accepted requirements for the preparation of food scraps as are necessary to provide for the orderly collection of such materials, including requirements regarding the preparation of materials for collection, the collection of materials, and requirements for separation. (3) All food scraps placed for collection shall be owned by and be the responsibility of the food store until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the food store or the collector of food scraps shall take physical possession of any such materials placed for collection. Sec. 15-416. - Designation of recyclable materials, food scraps, and yard trimmings for collection. (a) The City Manager shall, on or before the 1st day of October of each year, after consultation with the Larimer County Board of Commissioners, the Natural Resources Advisory Board and representatives of the licensed collectors operating within the City, determine which items (including recyclables, food scraps, and yard trimmings) shall be designated for collection based upon the following criteria: (1) Local, state and federal laws and regulations, including, but not limited to, the requirements of this Article; (2) Potential for waste stream reduction; (3) Availability of markets; Packet Pg. 297 -17- (4) Market price; (5) Safety factors and risks of transportation; (6) Risks of comingling of liquid wastes; and (7) Adherence to the hierarchy of materials management and hierarchy of uses of foods scraps. (b) Notwithstanding the foregoing, collection for recycling of electronic equipment shall be at each collector's option; provided, however, that no collector providing collection services for electronic equipment may dispose of any such electronic equipment, but instead shall deliver any collected electronic equipment for recycling at a qualified recycling facility for electronic equipment. (c) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article. Sec. 15-417. - Application for license. (a) Any person desiring to obtain a license to engage in the business of being a collector of solid waste, recyclable materials, food scraps, or yard trimmings within the City shall make written application to the Financial Officer on forms provided by the City. All applications for renewal of a license by a licensed collector must be submitted no later than November 30 in advance of the new license year. The application shall include, without limitation, the following information: (1) The name and address of the applicant; (2) The principal place of business for the business to be conducted; (3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste, recyclables, food scraps, and/or yard trimmings, or operated or located at any time in the City during the current or pending license year, including vehicle make, color, year, U.S. Department of Transportation safety inspection identification number, cubic yard capacity, Colorado license plate number and empty tare weight. (4) A description of the system to be used to account for and charge volume-based rates as required under §15-412(c), and a plan describing the structure and operation of the recycling collection services to be offered to each customer class. The description of the system shall include a detailed description of the means by which residential customers are notified of and offered the full range of sizes of containers provided for solid waste collection and those provided for curbside recycling and of the availability of seasonal yard trimmings collection service. In addition, the description shall provide sufficient detail to allow the Financial Officer to determine the means by which volume- Packet Pg. 298 -18- based rates are applied to residential customers receiving waste-hauling services through any group account, such as the formula used to set volume-based rates for any group accounts, and the methods used to offer and account for the volume-based charges. (5) All information required pursuant to §15-418(a) for the preceding twelve-month period. (b) The Financial Officer shall determine whether an application meets the requirements of this Article, and whether all taxes, fees, penalties, interest or other financial obligations to the City of the applicant or any predecessor in interest of the applicant have been met, and whether the applicant is in current compliance with the requirements of this Article. The Financial Officer may request such additional information as he or she deems relevant to a determination of whether the requirements of this Article will be met by the applicant. The Financial Officer may deny any application if the Financial Officer reasonably determines that any requirements of this Article will not be met by the operation proposed by the applicant, or if the applicant is ineligible for a license under the terms of a revocation determination by the City Manager pursuant to §15- 426. (c) Upon a determination by the Financial Officer of whether a license shall issue under this §15-417, the Financial Officer shall give written notice to the applicant of his or her decision thereon. An applicant whose application has been denied may, within twenty (20) days after such decision is mailed, petition the City Manager for a hearing on the denial. The City Manager shall notify the applicant in writing of the time and place of the hearing. After such hearing, the City Manager shall make such order in the matter as he or she deems just and proper and shall furnish a copy of such final order to the applicant. Sec. 15-418. - License requirements; fees and insurance. Upon approval of a license application, but prior to issuance, the collector shall furnish to the Financial Officer the following: (1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required to be identified under §15-415(a); and (2) Proof that the collector has obtained a general comprehensive liability/automobile insurance policy protecting the collector from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than five hundred thousand dollars ($500,000.) for bodily injury and property damage per occurrence or in the aggregate. (3) Proof that each vehicle required to be identified under §15-415(a) has been registered with the U.S. Department of Transportation. Packet Pg. 299 -19- Sec. 15-419. - Term of license. All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable. Sec. 15-420. - Plans, recordkeeping and reports. (a) Each collector must accurately and completely account for and record, and report to the City using a form provided by the City by November 30 of each year, the following: (1) The specific manner in which trash collection, recycling services and collection of food scraps and yard trimmings have been delivered in compliance with this Article, including, but not limited to, a complete list of all rate schedules used to charge for such services, including those offered to individual customers and those offered to group accounts, as well as the frequency of collection; (2) A description of any system used to impose and verify charges for volumes in excess of customer subscription levels; (3) The number of individual residential, multi-family and commercial customers, and any other customer category, who received collection services from the collector, by category, together with the number of group accounts within each category and the number of any such customer category that received services through a group account; (4) The number of customers within each category that subscribe to each level of solid waste, recycling, yard trimmings, or food scrap collection services, and the number of containers provided to residential customers, by size ; (b) In addition, prior to implementation of any change to operational systems, plans or structures of any licensee which are required to be reported for issuance of a license or annually hereunder, the collector must submit such changes to the City for review. (c) All information submitted to the City pursuant to this §15-420 shall constitute public information, except as otherwise provided in the Colorado Open Records Act. Any such information constituting confidential customer records or financial proprietary information and identified as such by the licensee shall be maintained as confidential by the City, unless otherwise required by court order or as agreed by the relevant party-in-interest. If the City receives a request for public inspection or a request for release of any collector customer records or collector financial information to a third party, the City shall provide timely notice of such request to the licensee. (d) Each collector licensed pursuant to this Article shall maintain accurate and complete records of the service provided to each customer, the charges to such customer and payments received, the form and recipients of any notice required pursuant to this Article, and any underlying records, including any books, accounts, contracts for services, including contracts for Packet Pg. 300 -20- group accounts, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records, and copies of all applications for and documentation pertaining to all requests for variance pursuant to §15- 413(b)(3) above. It shall be the duty of each collector to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets. (e) Promptly upon a request by the City Manager in connection with an audit or other investigation he or she has initiated, a licensee shall make records retained pursuant to §15- 420(d) available, at its place of business or in such other reasonably convenient location as the licensee shall specify, for review by the City Manager, the Financial Officer or his or her designee, or an officer of the City charged with the investigation of potential violations of the Code, for the purpose of enforcing the requirements of this Article. (f) A licensee shall make available for review by the City such records in its possession as may be relevant to the investigation of any complaint regarding such licensee that has been submitted to the City or is under investigation by the City. (g) All collectors shall accurately and completely report to the City the following information, which shall be deemed to constitute public information: (1) Number of tons of solid waste collected in the City from all residential, multi- family and commercial customers, and any other customer category, reported by category of customer. The weight of solid waste collected shall be documented and verified based on actual load weight measurements. (2) Number of tons of each type (as determined by the City Manager pursuant to §15- 416) of recyclables collected from all residential, commercial and multi-family , and any other customer category, reported by category of customer. (3) Number of tons of food scraps collected in the City from any customer category, reported by category of customer. (4) Number of tons of yard trimmings collected in the City from any customer category, including group accounts, reported by category of customer. Such reports shall be made on forms to be provided by the City and shall be made for each full half-year of curbside collection performed by the collector. A half-year shall mean January 1 through June 30 or July 1 through December 31. All such reports shall be submitted to the City Manager no later than thirty (30) days following the close of each half-year. Sec. 15-421. - Disposal of solid waste. All persons holding licenses pursuant to this Article as a collector of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site that is Packet Pg. 301 -21- approved by any state. No solid waste shall be disposed of at any other location either inside or outside of the City. Sec. 15-422. - Identification of vehicles. Each vehicle used by a collector to provide services within the City pursuant to a licensed issued under this Article shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial Officer at the time the license is granted. Sec. 15-423. - Hours of operation. No collector shall operate any vehicle for the purpose of collecting solid waste, recyclables, food scraps, or yard trimmings on any street designated by the City as "local residential" or "residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours"). Sec. 15-424. - Investigation of reports, records and other items relating to compliance with this article. For the purpose of ascertaining the correctness of any reports, plans or other documents submitted or required to be prepared and maintained by a licensed collector pursuant to this Article XV, or for the purpose of determining compliance with any requirements of this Article XV of any person, whether or not the same is licensed under this Article XV, the City Manager may hold investigations, including audits, and hearings concerning any matters covered by this Article, and may examine any relevant books, papers, records or memoranda of any such person and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of transactions involved, and may take testimony and proof of the information. The City Manager shall have the power to administer oaths to such persons. Except for routine or random audits, any such investigation shall be based upon reasonable suspicion of a violation as determined by the City Manager. The City Manager shall provide advance notice to the affected collector of his or her intent to conduct an investigation under this §15-424, unless the City Manager determines that provision of such notice may compromise the purpose of the investigation. Sec. 15-425. - Subpoenas and witness fees. All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the City Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of any other party to such proceeding, the City Manager may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the City Manager, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena Packet Pg. 302 -22- issued as aforesaid shall be served in the same manner as a subpoena issued through a court of record. Sec. 15-426. - Attendance of witnesses and production of evidence to be compelled by municipal or district judge. Any Judge of the Municipal Court or the District Court, upon the application of the City Manager, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City Manager, by an action for contempt or otherwise in the same manner as the production of evidence may be compelled before such court. Sec. 15-427. - Depositions. The City Manager, or any party to an investigation or hearing before the City Manager, may cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. Sec. 15-428. - Suspension or revocation of license. The City Manager may, after written notice of no less than ten (10) days and an opportunity for a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke any license issued under this Article as he or she determines reasonably appropriate upon a finding that the licensee has failed to comply with any provision of this Article or has violated other applicable laws intended to protect public health, safety or the environment. No period of suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the City Manager may further declare such licensee ineligible for licensure under this Article for a period of up to one (1) year from the date of revocation, if he or she reasonably determines that the circumstances so warrant. In lieu of suspension or revocation of a license under this §15-428, or as a condition of future eligibility for licensure, if a licensee is declared ineligible for the same, the City Manager may establish reasonable terms and conditions for continuation of a license or such future eligibility. A license shall be subject to immediate suspension in the event of violation of any such terms and conditions for continuation of a license. Sec. 15-429. - Notices. All written notices required to be mailed, served or given to any person under the provisions of this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the last known address of such person on file with the City and shall be deemed to have been received by such person when so mailed or delivered. Sec. 15-430. - Review of decisions of the city manager. The licensed collector or other person subject to final action of the City Manager under this Article may apply for review of such action in the Larimer County District Court in accordance Packet Pg. 303 -23- with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than thirty (30) days after the date of the decision to be reviewed. Sec. 15-431. - Violations. It shall be unlawful for any person to: (1) Fail or refuse to make or file any record, report, application or other document required to be made or filed by this Article or to make any false or fraudulent record or report or any false or fraudulent statement in any such document; (2) Operate as a collector within the corporate limits of the City without the license required by this Article or to continue to do business during a period of suspension of such license or after such license is revoked; or (3) Aid or abet another in any attempt to evade any requirements imposed by this Article. Sec. 15-432. - Other remedies unaffected. Nothing in this Article shall be construed to limit or forbid the City or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article, including, without limitation, the prosecution of violations of this Article pursuant to §1-15 of this Code. Introduced, considered favorably on first reading, and ordered published this 6th day of September, 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. 304 -24- Passed and adopted on final reading on the 20th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 305 o New customers must comply with requirement immediately upon adoption Grocer Composting x Require grocers have compost collection x Implementation: 2017 x Require grocers have compost collection x Implementation: 2017 Restaurant Composting x Require restaurants have compost collection x Implementation: 2018 Suggested for consideration in the future Single-Family Yard Trimmings & Food Scraps Collection x Bundle yard trimmings and food scraps collection into basic residential service x Implementation: 2018 Suggested for consideration in the future 14.11 Packet Pg. 227 Attachment: Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to August 2016 (4782 : 970-221-6835 dcunningham@fcgov.com *~Gallegos BeccaWalkinshaw 970-484-5556 greenqueen@gsiwaste.com *^Goodwill Steve Dirling 303-412-4999 sdirling@goodwilldenver.org Hageman Earth Cycle 3501 E. Prospect Rd. Office Roger Hageman 970-221-7173 970-566-1918 Call for phone pole recycling Interstate Battery, 300 Willow St Customer Service 970-484-1307 IT, 215 N. Mason, 3rd floor Help Desk 970-221-6791 helpdesk@fcgov.com Delivery: go to IT’s front desk ^~JACO Product Recovery Services Amanda McLeod 970-612-2930 x2091 Call to get a bin and set up service Larimer County Landfill HW Customer Service 970-498-5773 24 hour info line: 970-498-5770 Loomis Warehouse, 518 Loomis Joe Cruz 970-224-6014 mcruz@fcgov.com Northern Colorado Carpets 5837 S. College Ave Derek Krasuski 970-226-6800 Derek@shopncc.com Recycling bins at South side of building Operation Services Jim Pierce 970-221-6592 jipierce@fcgov.com Recycle That, drop-off bins Don Tiller 970-493-0230 x105 don.tiller@recyclethat.com (Bin: City Recycling Facility) ~RMB, 1475 N. College Dean Hoag 970-484-5384 dean@rmbrecycling.com *^Urban Mattress Kelly Henderson 970-286-2662 kelly.h@urbanmattress.com Waste-Not Recycling John Newman 970-669-9912 jnewman@waste-not.com 6 14.7 Packet Pg. 189 Attachment: Municipal Recycling Progress Summary (4782 : Community Recycling) Found Furniture (chairs, tables, lamps, desks, etc.)- Good Condition: thrift store, Poor Condition: landfill except for metal *^Mattresses- Urban Mattress ($5/item) Styrofoam-Packing Peanuts: mail service centers (Location Hotline #800-828-2214), #6 white block foam: Eco-Cycle Toilet, Sink, Tile, Plates (porcelain items)- City Crushing Facility (remove metal & plastic before recycling) Workout Equipment- RMB Wood Lumber, Pressboard, Particle Board, Plywood, OSB (can’t be painted or treated)- 700 Wood St. (Wood Recycling Bin) ^Phone Poles- Hageman (good condition) Treated or Painted Wood- Landfill Wood Branches, Mulch & Trees- City Crushing Facility Wood Pallets- RMB (can request pickup) Wood Spools- чϲĨƚĚŝĂŵĞƚĞƌ͗700 Wood St. (Wood Recycling Bin), ш6 ft diameter: BargainBox on CityNet or trash Shop Items Aerosol Cans (empty & plastic tops removed)- RMB, Fleet, or single-stream recycling bin Chemicals & Pesticides- Cleaning Products: rinse 3x & recycle, Empty Pesticides: trash, ^*Usable & Unusable Products: Larimer County’s Business Hazardous Waste Program, (questions contact: Errin Henggeler) City Clothing (cover up logos if required by department)- Goodwill or thrift stores Fabric (household textiles, clean rags, clothing, & shoes)- Recycle That or thrift stores Lost & Found- thrift stores Paint- Empty Container: recycle metal with RMB, 5-gallon plastic buckets reuse or post on BargainBox on CityNet. *^Usable & Unusable Paint: Larimer County’s Business Hazardous Waste Program ^Shrink Wrap- 700 Wood Warehouse (to get a collection bin contact: Jim Pierce) 5 14.7 Packet Pg. 188 Attachment: Municipal Recycling Progress Summary (4782 : Community Recycling) Packet Pg. 185 Attachment: Municipal Recycling Progress Summary (4782 : Community Recycling) properties in Pay-As-You-Throw (24) x Keep the price of services low (15) x Supportive of materials ban (12) x Continue improving the current system (10) x Do not like any of the options (8) x Implement some of the proposed options sooner (4) 14.3 Packet Pg. 176 Attachment: Public Engagement Summary (4782 : Community Recycling) Community Room Public Events ͻ CSU Lagoon Concert Series ͻ Every Wednesday July 1 - Aug. 5, 2015 ͻ Larimer County Farmers' Market ͻ September 12, 2015 ͻ Sustainable Living Fair ͻ Sept. 12, 13, 2015 ͻ CSU International Women's Welcome ͻ September 1, 2015 Online & Mobile Activities ͻ Project website with related documents ͻOnline questionnaire ͻ Nearly 250 responses ͻ 4 min YouTube video about project ͻ Over 250 views ͻ Facebook, Twitter, Nextdoor posts ͻ Videos from public meetings Broadcast Outreach ͻ Project email list ͻ 600+ subscribed ͻ Newsletters ͻ Postcards handed out ͻ Flyers posted in community ͻ Press releases ͻ News articles ͻ Utility bill mailer (City News) ͻfcgov.com ATTACHMENT 3 14.3 Packet Pg. 175 Attachment: Public Engagement Summary (4782 : Community Recycling) Recycling bins must be labeled with the chasing arrows symbol and a graphics-based guidelines sticker. Can use City-provided materials or hauler-provided materials that are approved by City. §15-413(c)(2) Ensures users can identify recycling bin vs trash bin, no matter the language the user speaks. City will create and fund the guidelines decals. 14.2 Packet Pg. 173 Attachment: Summary of Draft Changes to Code Language for Community Recycling Ordinance (4782 : Community Recycling) Minimum service level provided by haulers is 96 gallons / week, and is consistent with minimum generation requirements for commercial / multi- family recycling 12-month variance available for: x Self-hauling x Space constraints x Using garbage disposal-type equipment x Donating all food scraps for human or animal consumption x Composts on-site x Doesn’t generate food scraps §12-23(a)(1) Outlines exceptions to the ordinance Must be collected frequently enough to avoid overflow and must be composted (not landfilled) §15-415(a) and 12-23(c) Clarifies appropriate service frequency and uses for food scraps collected ATTACHMENT 2 14.2 Packet Pg. 172 Attachment: Summary of Draft Changes to Code Language for Community Recycling Ordinance (4782 : Community Recycling) o -223 tons o 0.1% of reductions needed to meet 2020 CAP goal $13-15 / subscriber (optional) Allows customers who are ready to start composting yard trimmings to participate no matter which hauler they choose. Require grocers to have compost collection o 650 tons o 0.6 percentage point diversion rate increase o 1% of tons needed for 2020 goal o -667 tons o 0.3 % of reductions needed to meet 2020 CAP goal Variable All grocers except Safeway, Target, Albertsons, Beaver’s already have compost collection For future consideration: Collect all-organics from all single- family homes year- round (bundled) o 23,700 tons o 6.6 percentage point diversion rate increase o (39% of tons needed for 2020 goal) o -19,143 tons o 7.7 % of reductions needed to meet 2020 CAP goal $8 / household Includes yard trimmings, food scraps, paper towels etc. Bundled with trash and recycling service. For future consideration: Require food scraps subscription from restaurants o 24,500 tons o 6.8 percentage point diversion rate increase o (41% of tons needed for 2020 goal) o -25,126 tons o 10.1% of reductions needed to meet 2020 CAP goal Variable Costs for service will decrease with more customer density for haulers. 14.1 Packet Pg. 171 Attachment: Analysis of Elements of Community Recycling Ordinance (4782 : Community Recycling) 14 Packet Pg. 167 r P l e a s a n t O a k Dr Jamison Dr Twin Oak C t Thyme Ct S h e n a n doah Cir D a k o t a C t Unity Ct O ak P a rk D r Armsley Ct Angelo Ct L i v e O a k Ct Last O ak Ct Jamison Ct Burlington Ct Arcada Ct San Remo Cir I n novation Dr Mcmurry Ave Wheaton Dr O akrid g e D r K eenland D r E Harmony Rd E Harmony Rd Oakridge Crossing 1 inch = 500 feet © Site ATTACHMENT 5 10.5 Packet Pg. 131 Attachment: Oakridge Crossing Location Map (4735 : 2016 Private Activity Bond Assignment)