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COUNCIL - COMPLETE AGENDA - 01/06/2015 - COMPLETE AGENDA
City of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson Interim City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting January 6, 2015 Revised 1/5/15 Proclamations and Presentations 5:30 p.m. Proclamation Declaring January 19, 2015 as the Martin Luther King, Jr. Observation and Commemorative March Day. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. City of Fort Collins Page 2 Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the December 16, 2014 Regular Council Meeting. The purpose of this item is to approve the minutes from the December 16, 2014 Regular Council meeting. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 178, 2014, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Municipal Judge. City Council met in executive session on November 12, 2014, to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance, unanimously adopted on First Reading on December 16, 2014, establishes the 2015 salary of the Municipal Judge at 109,365. 3. Second Reading of Ordinance No. 179, 2014, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the Interim City Attorney. City Council met in Executive Session with Interim City Attorney Carrie Daggett on November 12, 2014. This Ordinance, unanimously adopted on First Reading on December 16, 2014, establishes the 2015 salary of the Interim City Attorney at $151,909. 4. Second Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields Intersection Improvements Project. This Ordinance, unanimously adopted on First Reading on December 16, 2014, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Drake Road and Shields Street intersection. The Drake Road and Shields Street Intersection Improvements Project will construct right turn lanes on northbound and southbound Shields Street, bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is planned to begin construction in the summer of 2015. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of- way and temporary easements from three property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected owners and is optimistic that all property negotiations can be completed prior to the start of the project. Staff is requesting authorization of eminent domain for all property acquisitions for the project to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. 5. Second Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. This Ordinance, unanimously adopted on First Reading on December 16, 2014, authorizes the use of eminent domain, if necessary, to acquire property interests which are necessary to provide intersection improvements at McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 6. First Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program. The purpose of this item is to request appropriation of unbudgeted funds received through a grant for the Safe Routes to School program. The City of Fort Collins FC Moves Department has received a $15,000 grant through the Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe Routes to School (SRTS) program. This funding will allow the City’s SRTS program (administered and staffed by FC Moves) to purchase strategic SRTS equipment for Fort Collins youth. City of Fort Collins Page 4 7. First Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Team. The purpose of this item is to fund the Victim Services Team of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Team has been awarded a 12-month grant in the amount of $37,000 for the period from January 1, 2015 to December 31, 2015 by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These fund will also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. 8. Resolution 2015-001 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards commissions, and authorities due to resignations and the expiration of terms of current members. Applications were solicited during September and October. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. 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 COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 5 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 (five 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. 9. Items Related to Term Limits, Petitions, and Recall Charter Amendments. (staff: Wanda Nelson, Rita Knoll; 5 minute staff presentation; 30 minute discussion) A. First Reading of Ordinance No. 003, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 1(d) of the City Charter Pertaining to the Terms of Office of the Mayor and City Councilmembers. B. First Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum. C. First Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter Pertaining to the Sufficiency of a Nominating Petition. D. First Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall Elections. The purpose of this item is to consider Charter Amendments related to term limits, petitions and recall for placement on the April 7, 2015 ballot. 10. Items Relating to the Fort Collins-Loveland Municipal Airport. (staff: Jason Licon, Mike Beckstead; 5 minute staff presentation; 30 minute discussion) A. Resolution 2015-002 Approving the Fort Collins-Loveland Airport Strategic Plan. B. Resolution 2015-003 Authorizing the Mayor to Execute an Amended and Restated Intergovernmental Agreement Between the City and the City of Loveland Regarding the Operation of the Fort Collins-Loveland Airport. The purpose of this item is to adopt the Airport Strategic Plan and approve the Amended and Restated Intergovernmental Agreement between the City of Fort Collins and the City of Loveland. City of Fort Collins Page 6 11. Items Relating to the Capstone Cottages Plan Amendment to the City Structure Plan and East Mulberry Corridor Plan Maps, and Rezoning. (staff: Pete Wray; 5 minute staff presentation; 20 minute discussion) A. Resolution 2015-004 Amending the City’s Structure Plan Map. B. Resolution 2015-005 Amending the East Mulberry Corridor Plan Map. C. First Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Capstone Cottages Rezoning. The purpose of this item is to amend the City Structure Plan Map and the East Mulberry Corridor Plan Map, to change the land use designation of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood, rezone the property from the Industrial district (I) to the Medium Density Mixed Use Neighborhood district (M-M-N) and rezone the abutting 0.070 acres of land from the M-M-N to the Industrial District. The requests are based on the Applicant’s proposal to develop a student oriented single-family residential project; the Project Development Plan for the proposed project is in the process of being reviewed by staff as part of a separate application. On December 11, 2014, the Planning and Zoning Board voted (4-0) to support a recommendation to City Council to approve the proposed Capstone Cottages plan amendment and rezoning. 12. Second Reading of Ordinance No. 180, 2014, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Salary of the City Manager. (staff: Janet Miller; no staff presentation; 5 minute discussion) City Council met in executive session on November 12, 2014 to conduct the performance review of City Manager Darin Atteberry. This Ordinance, adopted on First Reading on December 16, 2014, by a vote of 5-2 (nays: Cunniff, Overbeck) establishes the 2015 salary of the City Manager at $244,839. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS ADJOURNMENT A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, January 13, 2015. 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, the Civil Rights Movement acted as a vehicle giving voice to those who were being legally oppressed in the United States; and WHEREAS, Dr. Martin Luther King, Jr. was a very prominent voice of the civil rights movement to end discrimination in this nation; and WHEREAS, the character and values that demonstrate and reflect upon the respect and tolerance embedded in Dr. King’s teachings should still be taught today and would continue to prepare today’s young people to be effective world citizens and to both act and think locally and globally; and WHEREAS, Fort Collins, in following the legacy of Dr. Martin Luther King, Jr., is committed to ensuring the civil rights of all people in our city; and WHEREAS, this year’s theme is “Free But Shackled: The Cost of Oppression” and the hope is that this event challenges all of us to incorporate, emulate and become a living representation of the person that Dr. King was, as he believed that our only hope lies in our ability to recapture the revolutionary spirit and go out into the world declaring eternal hostility to poverty, racism, and militarism. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim January 19, 2015 as DR. MARTIN LUTHER KING, JR. OBSERVATION AND COMMEMORATIVE MARCH DAY in the city of Fort Collins and encourage the citizens of this community to continue in striving to actualize Dr. King’s dream by honoring individuals based upon the content of their character. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the December 16, 2014 Regular Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the December 16, 2014 Regular Council meeting. ATTACHMENTS 1. December 16, 2014 (PDF) Packet Pg. 8 City of Fort Collins Page 501 December 16, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Nelson AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Council will not consider adjourning into executive session under Other Business. CITIZEN PARTICIPATION Charles David Hamm stated the City has the right to provide or decline utility services to any entity within the city, including Colorado State University, in regard to the proposed on-campus stadium. He encouraged the creation of a feasibility and cost impact study. Ward Luthi discussed significant change to the character of a section of the Poudre River due to beaver inhabitation. Cheryl Distaso, Fort Collins Community Action Network, discussed the need for lockers for homeless individuals, opposed the issuance of camping tickets to homeless residents, and stated inaccurate counts exist regarding the number of homeless in the community. She announced the January community summit regarding homelessness as well. Diane Smith, Senior Advisory Board, asked about the vision for the BOB 2.0 tax measure and requested an explanation of what the proposed tax would fund. Thomas Edwards wished Council and staff a Merry Christmas and Happy New Year and commended the work of Police in the Avery Park neighborhood. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Cunniff stated a meeting was held regarding Mr. Luthi’s concerns about the Poudre River and requested further follow-up regarding the plan for that section of the River, as well as other sections. Councilmember Overbeck stated 64 tickets were issued to homeless individuals over the last three months. He suggested officers acquire additional information from the individuals as to why they are currently homeless. Packet Pg. 9 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 502 CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items on the Consent Calendar. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the November 18, 2014 Regular Council Meeting and November 25, 2014 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the November 18, 2014 Regular Council meeting and the November 25, 2014 Adjourned Council meeting. 2. Second Reading of Ordinance No. 146, 2014, Revising Chapter 26 of the City Code Regarding Payments in Lieu of Taxes and Franchise Fees, and Specifying that the Operation and Maintenance of the Street Lighting System is an In Kind Payment by the Light & Power Fund in Lieu of Taxes and Franchise Fees. (Adopted) The purpose of this item is to codify the Electric Utility’s fiscal responsibility for providing municipal street lighting as an in-kind franchise fee payment to the General Fund. The Ordinance also revises the language related to the Water and Wastewater Funds’ required 6% payment to the General Fund to clarify that this is a payment-in-lieu-of-taxes and franchise fees (as opposed to just a payment-in- lieu-of-taxes). The second change is consistent with Article V, Section 23 of the City Charter and with the wording used in City Code to reference the same fee paid by the Light & Power Fund. The Ordinance was adopted on First Reading on October 28, 2014 by a vote of 4-2 (nays: Overbeck and Cunniff, absent: Poppaw) with direction that staff further review the item with the Council Finance Committee prior to Second Reading. The City Council Finance Committee discussed this item on November 17, 2014 and recommended that if the Ordinance is approved, staff should provide more transparency to electric customers that the cost of street lighting is included in the electric rates. If approved, the back of the utility bill will be revised to show that approximately 1.2% of the electric bill is used to fund the operation and maintenance of the City’s street lighting system. This is approximately $0.78 per month for a typical residential customer. Staff will also highlight street lighting costs through additional customer outreach and communications. 3. Second Reading of Ordinance No. 169, 2014, Appropriating Funds from the City's General Fund Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of URA Reimbursements for the Prospect Station Project, and Approving a Loan Agreement for that Purpose. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, appropriates funds from the City's General Fund Reserves for transfer to the Fort Collins Urban Renewal Authority for the purpose of URA reimbursements for the Prospect Station Project, and approve a loan agreement for that purpose. Packet Pg. 10 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 503 4. Second Reading of Ordinance No. 170, 2014, Amending Ordinance No. 143, 2014, to Correct the Appropriation of Prior Year Reserves to be From the Self-Insurance Fund Rather than from the General Fund for Insurance Expenses (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, corrects adopted Ordinance No. 143, so that $610,000 of prior year reserves needed to fund the City’s worker’s compensation, property and liability claim payments for the remainder of 2014 are appropriated from the Self-Insurance Fund rather than from the General Fund. 5. Second Reading of Ordinance No. 171, 2014, Adopting the 2014 Larimer County Transportation Capital Expansion Fee Schedule. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, adopts the 2014 Larimer County Transportation Capital Expansion Fee Schedule (Regional Road Fee) as determined by the Intergovernmental Agreement with Larimer County. 6. Second Reading of Ordinance No. 172, 2014, Amending the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, updates the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 2.9% since its last adjustment and the ENR has not changed significantly enough to warrant an adjustment. 7. Second Reading of Ordinance No. 173, 2014, Amending Various Provisions in Chapter 7 of the Code of the City of Fort Collins Relating to Elections. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, amends City Code provisions relating to the registration of municipal electors, the conduct of mail ballot elections, and the filing of campaign finance reports. 8. Second Reading of Ordinance No. 174, 2014, Amending Chapter 15, Article XIV of the Code of the City of Fort Collins Regarding Outdoor Vendors. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, amends Chapter 15 of the City Code regarding Outdoor Vendors with amendments to further support the outdoor vending community. In 2012, City Council adopted new outdoor vendor regulations based on a comprehensive study completed by staff. Since the inception of the new regulations, staff has been monitoring the activity and working with the mobile vending community to address opportunities for improvement to the Code. In May 2014, City Council adopted two minor amendments as part of a phased approach. Staff is recommending an additional amendment to further support the outdoor vending community’s request to hold larger gatherings on a more frequent basis. A corresponding amendment is being recommended to the City's Land Use Code. 9. Second Reading of Ordinance No. 175, 2014, Making Various Amendments to the Land Use Code. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, adopts a variety of revisions, clarifications and additions to the Land Use Code that have been identified since the last update in July 2014. Packet Pg. 11 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 504 10. Second Reading of Ordinance No. 176, 2014, Authorizing the Conveyance of a Non-Exclusive Utility Easement on North Shields Ponds Natural Area to East Larimer County Water District. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, authorizes the conveyance of a non-exclusive utility easement to East Larimer County Water District on North Shields Ponds Natural Area. Larimer County has requested that East Larimer County Water District (ELCO) relocate an existing meter vault that resides in the right of way along the western side of North Shields Street as a part of the larger North Shields Street widening project. The new vault will reside in a location within the same gravel parking lot as it is currently located at North Shields Ponds Natural Area. Because the new location will be outside the right-of-way, a non-exclusive easement will be needed from the City. 11. Second Reading of Ordinance No. 177, 2014, Authorizing the Conveyance of a Shared Access Easement to Michael and Carleen Birchette across City Property on Ackerman Court. (Adopted) This Ordinance, unanimously adopted on First Reading on December 2, 2014, authorizes the conveyance of a shared access easement between the City and Michael and Carleen Birchette across a private road called Ackerman Court. The City of Fort Collins Natural Areas Department owns property immediately north of the Poudre River and east of Shields Street known as McMurry Natural Area. Michael and Carleen Birchette own a small tract of adjoining land. The access to the two properties is by means of an existing private road, Ackerman Court, of which a portion falls on to each property. In order to establish an easement of record and the allowed use of the private road by each party, the Natural Areas Department and Birchettes have proposed the conveyance of a shared access easement allowing both parties the right to use the private road for access purposes. 12. First Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields Intersection Improvements Project. (Adopted) The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Drake Road and Shields Street intersection. The Drake Road and Shields Street Intersection Improvements Project will construct right turn lanes on northbound and southbound Shields Street, bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is planned to begin construction in the summer of 2015. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and temporary easements from three property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected owners and is optimistic that all property negotiations can be completed prior to the start of the project. Staff is requesting authorization of eminent domain for all property acquisitions for the project to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. 13. First Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. (Adopted) The purpose of this item is to provide City Council authorization to utilize eminent domain, if necessary, to acquire property interests which are necessary to provide intersection improvements at McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to Packet Pg. 12 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 505 property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 14. Resolution 2014-110 Adopting the 2014 Update to the Three-Mile Plan for the City of Fort Collins. (Adopted) The purpose of this item is to update the Three-Mile Plan for the City of Fort Collins, Colorado (Plan). The Plan is a policy document for coordinating future annexation and provision of services, required to be updated annually per Colorado Revised Statues. Section 31-12-105 of state statues requires that cities complete a plan within three miles in any direction from any point of its municipal boundary. The Plan describes the general location, character, utilities, and infrastructure for areas of potential annexation. This state-required annual update is routine and recurring, and highlights the 2014 changes to approved plans and other documents applicable to those areas defined in the state statues. There are very few changes in this year’s annual update from the 2013 update. 15. Items Relating to Intergovernmental Agreements for Mutual Aid for Emergency and Non- Urgent Events. (Adopted) A. Resolution 2014-111 Approving an Intergovernmental Agreement Among the City of Fort Collins and Other Governmental Entities Regarding Disaster-Emergency Mutual Aid and Disaster- Emergency Funding Assistance. B. Resolution 2014-112 Approving an Intergovernmental Agreement with Platte River Power Authority and Other Local Governments Affiliated with Platte River Power Authority for Non- Emergency Responses for Utility Network Assistance. The purpose of this item is to approve two separate mutual aid Intergovernmental Agreements (IGAs). Resolution 2014-111 approves a uniform IGA among government entities lying within or in close proximity to northern Colorado, establishing the protocol for disaster emergency mutual aid and disaster emergency funding assistance. Resolution 2014-112 approves a utility network assistance IGA that provides cooperation and coordination with Platte River Power Authority and the four founding municipalities: the Cities of Fort Collins, Loveland, and Longmont; and the Town of Estes Park. 16. Resolution 2014-113 Making Findings of Fact and Conclusions of Law Regarding the Appeal of September 9, 2014, Administrative Hearing Officer Decision Regarding the May 20, 2014, City Council Remand of the Major Amendment to the Summit on College Project Development Plan. (Adopted) The purpose of this item is to consider the Resolution making findings of fact and conclusions regarding the two Appeals of the Administrative Hearing Officer’s September 4, 2014 Remand Decision to Approve the Summit on College Parking Structure, Major Amendment. Two separate parties filed a Notice of Appeal concerning the Hearing Officer’s September 4, 2014 Remand Decision to Approve the Summit on College Parking Structure, Major Amendment. On December 2, 2014, City Council voted 7-0 on the motion that the Hearing Officer conducted a fair hearing in approving the Major Amendment; and voted 7-0 that the Hearing Officer did not fail to properly interpret and apply relevant provisions of the Land Use Code, specifically Section 3.4.1(I)(2) and 3.5.1(J), and added conditions to the project’s approval. 17. Resolution 2014-114 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Poudre Fire Authority Regarding the Provision of Legal Services. (Adopted) The purpose of this item is to approve an intergovernmental agreement ("IGA") with the Poudre Fire Authority ("PFA") authorizing the City Attorney to provide legal advice to the PFA under certain Packet Pg. 13 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 506 circumstances. The IGA will authorize the City attorney and his or her staff to provide non-exclusive legal services on a matter-by-matter basis to the PFA in situations where there is not a direct conflict of interest between the two entities and where the City Attorney has the capacity and resources to provide the service. The PFA will pay the City an annual amount equal to 10% of the yearly salary of one full-time attorney in the City Attorney’s Office. For 2015, the payment amount will be Seventeen Thousand Seven Hundred Fifty Dollars ($17,750). 18. Resolution 2014-115 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of board members and the expiration of terms of current members. Applications were solicited during September and October. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. END CONSENT CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff supported the increase in transparency with regard to Item No. 2, Second Reading of Ordinance No. 146, 2014, Revising Chapter 26 of the City Code Regarding Payments in Lieu of Taxes and Franchise Fees, and Specifying that the Operation and Maintenance of the Street Lighting System is an In Kind Payment by the Light & Power Fund in Lieu of Taxes and Franchise Fees and encouraged thorough record-keeping regarding costs in reference to Item No. 17, Resolution 2014-114 Approving an Intergovernmental Agreement Between the City of Fort Collins and the Poudre Fire Authority Regarding the Provision of Legal Services. Mayor Pro Tem Horak noted most of the work regarding the Poudre Fire Authority item would be done by the City and City Attorney’s Office anyway. Councilmember Cunniff reiterated his request for an accounting of any additional costs in terms of making the agreement equitable. COUNCILMEMBER REPORTS Councilmember Cunniff reported on the Council Finance Committee meeting during which the prioritization of BOB 2.0 projects, revenue diversification, an RMI business update, and the parking fund were discussed. Councilmember Troxell asked if specific votes were taken at the Finance Committee meeting regarding the street maintenance tax. Councilmember Cunniff replied in the negative. Councilmember Overbeck reported he was reappointed to the Poudre Heritage Alliance. Mayor Pro Tem Horak reported on the Platte River Power Authority meeting during which the 2015 budget was passed. Packet Pg. 14 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 507 DISCUSSION ITEMS 19. Resolution 2014-116 Approving the 2014 Bicycle Master Plan. (Adopted as Amended) The purpose of this item is to seek City Council approval of the 2014 Bicycle Master Plan (2014 Plan). The 2014 Plan has been developed over the course of the past 14 months. The 2014 Plan is oriented around the year 2020, and recommends a comprehensive set of bicycle program, policy and network strategies to increase the safety and accessibility of bicycling in Fort Collins for people of all ages and abilities. The 2014 Plan reflects extensive input from the community, a data-driven process, and best practices for achieving a world-class city for bicycling. Karen Cumbo, Planning, Development and Transportation Director, discussed the evolution of the Bicycle Master Plan and introduced key staff members. Tessa Greegor, FC Bikes Program Manager, discussed the public involvement process and provided an overview of the Plan recommendations. Multiple funding sources will be sought in order to implement the recommendations of the Plan. Additionally, Greegor stated the Plan has been recommended for approval by affected boards and commissions. Bruce Henderson, Bike Fort Collins, recognized audience support for the Plan and commended the Plan as being comprehensive, cost-effective, and visionary. Charles David Hamm complimented the City on having a bicycle plan and encouraged the inclusion of night-time safety information. Dave Kemp commended the Plan document and encouraged collaboration with other Platinum Bicycling cities. Josh Kerson supported the Plan and noted many cyclists move to Fort Collins due to its bicycling infrastructure. Aaron Faad, Colorado State University Alternative Transportation Manager, commended the City on its world class staff, plan for low-stress networks, and efforts to collect data. Thomas Edwards encouraged the creation of an enforcement action plan. Councilmember Cunniff requested information regarding the enforcement pieces of the Plan. Greegor replied enforcement is largely discussed in terms of expanding the FC Bikes partnership with Police Services. She stated a safety panel recently presented to the Transportation Board and discussed the coordination of an education and enforcement effort. Infrastructure improvements should decrease crashes. Councilmember Cunniff asked about the possibility of future recommendations and data tracking in terms of strategic outcomes. Greegor replied citation information will continue to be tracked and the new Safety Diversion Program has been put in place to educate individuals who have received bicycle citations. Councilmember Troxell commended the Plan as being comprehensive and thanked those who spoke. Additionally, he discussed enforcement issues with multi-modal infrastructure. Mayor Pro Tem Horak stated he is not convinced the infrastructure improvements will completely alleviate violation issues and asked if data will be collected regarding the current Packet Pg. 15 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 508 level of violations in order to ascertain future improvements. Greegor replied staff can collect that data, though it may not be specifically addressed in the Plan. Mayor Pro Tem Horak noted the Plan does not necessarily address the annual increase in CSU students and enforcement tactics and results need to be addressed given the dynamic population. He asked Greegor to address the possibility that funding may not occur. Greegor replied the Plan discusses a diverse funding strategy that will be pursued in order to implement the recommendations of the Plan. Federal grants and City opportunities will be leveraged and some grant funding has already been sought. Paul Sizemore, FC Moves Program Manager, noted there is a matching portion for each of the two current grant applications which will be funded by ongoing revenue sources. Mayor Pro Tem Horak expressed concern regarding referencing future years when there is no guaranteed funding and suggested more a more detailed illustration of what is actually funded versus possible future gaps. City Manager Atteberry noted Mayor Pro Tem Horak is attempting to ensure a situation of over- promising and under-delivering does not occur. He suggested the possibility of an annual status report in order to ensure accountability for progress. Mayor Weitkunat suggested including a clear statement to that effect in either the Plan or the Resolution. Additionally, she commended the Plan and its inclusion of low-stress networks. Councilmember Campana stated this Plan is another example of Fort Collins driving innovation and commended work on the Plan. He stated enforcement will come from increased ridership and awareness and suggested any annual report requirement should be part of the Plan itself. Councilmember Poppaw commended staff work on the Plan. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-116. Cumbo stated the Plan could be modified to clarify goal language and remove year specificity. City Attorney Daggett suggested additional whereas clauses for the Resolution to meet Council's requests regarding goals and annual report requirements. Cumbo stated a qualifying statement would be added to any sections of the Plan with specific references to years or dollars and Council would be provided with follow-up information regarding those specific changes. Mayor Pro Tem Horak stated the Plan is excellent; however, he wanted to ensure future flexibility. Additionally, he commended the low-stress network portion of the Plan. Mayor Pro Tem Horak and Councilmember Troxell accepted City Attorney Dagget's language suggestions as a being a friendly amendment to the Resolution. Councilmember Overbeck commended work on the Plan and suggested the possibility of a "Year of the Bicycle." Packet Pg. 16 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 509 Councilmember Cunniff commended the Plan. Councilmember Troxell thanked Mayor Pro Tem Horak for his suggestions. RESULT: RESOLUTION 2014-116 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 20. Resolution 2014-117 Selecting a Name for a 31-Acre Natural Area. (Adopted) The purpose of this item is to review and select a name for a new 31-acre Natural Area. The property is located next to Woodward Governor’s new headquarters and the Poudre River. The staff recommended name for the site is “Homestead Natural Area.” The Land Conservation and Stewardship Board supports this recommendation. John Stokes, Natural Areas Director, discussed the site and Council’s previous direction on its naming. Staff is recommending the name Homestead Natural Area for the site, which was unanimously endorsed by the Land Conservation Stewardship Board. Heather Wolhart, great-great-great grandchild of John and Emily Coy, stated the family is settling for the suggested name, but would prefer Coy Homestead Natural Area. Myrne Watrous stated the naming of this site should have been about the City’s history. Carol Tunner stated the Coy name deserves more of a lasting legacy and discussed the family contributions to the area. Councilmembers Campana and Troxell supported the addition of the Coy name to the Natural Area. Councilmember Overbeck asked how the family will be celebrated in the trail interpretation. Stokes replied staff has yet to determine the exact interpretive measures; however, he noted interpretation can be done both on and off site. Councilmember Cunniff discussed the issue of Woodward Governor not donating the land, but it being part of an exchange, and supported the staff suggestion for the Homestead name with interpretive measures recognizing the Coy family. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Resolution 2014-117 as amended, with the name Coy Homestead Natural Area. Councilmember Troxell supported comments regarding interpretive signage and added his support for Coy being added to the area name. Councilmember Campana discussed his support for the addition of the family name. Mayor Pro Tem Horak stated he would not support the addition of the Coy name and made a motion, seconded by Councilmember Cunniff, to amend the motion to remove the Coy name. Councilmember Troxell stated his willingness to table the issue in order to allow additional citizen input. Packet Pg. 17 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 510 Councilmember Cunniff discussed his support for the staff suggestion and the public process thus far. The vote on the amendment was as follows: Yeas: Overbeck, Poppaw, Cunniff and Horak. Nays: Weitkunat, Troxell and Campana. THE MOTION CARRIED. Mayor Weitkunat discussed her support for the naming process but expressed regret regarding Council’s failure to honor historical names in perpetuity. Councilmember Troxell stated he would support the original motion and supported the direction of the interpretive trail. (Secretary's note: The Council took a brief recess at this point in the meeting.) RESULT: RESOLUTION 2014-117 ADOPTED [UNANIMOUS] MOVER: Wade Troxell, District 4 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 21. Items Relating to the a Leadership Committee with Colorado State University. (Adopted) A. Resolution 2014-118 Authorizing the Formation of a Leadership Committee with Colorado State University and Modifying the Composition of the Previously Established City/CSU Liaison Committee. B. Resolution 2014-119 Appointing Two Representatives to the City/CSU Leadership Committee. Resolution 2014-118 authorizes the formation of a Leadership committee with Colorado State University (CSU) to strengthen town/gown relationships and discuss and address matters of mutual interest to the City and CSU. The Committee will consist of two Councilmembers, the City Manager, the President of CSU, and a local CSU Board of Governors representative and shall meet 2 or more times per year. This Resolution also modifies the previously established City/CSU Liaison Committee by removing the City Councilmember and City Manager’s participation so as to provide for a more administrative focus of that committee’s efforts. Resolution 2014-119 appoints two City Councilmembers to the newly formed City/CSU Leadership Committee. City Manager Atteberry discussed the evolution of this item, stating Councilmember Troxell originally suggested the idea of creating a higher-level, strategic-oriented dialogue with CSU. This Resolution would create such a committee. Two Councilmembers will be named to the committee. Additionally, staff is recommending Councilmembers would no longer serve on the existing CSU/City Liaison Committee. Councilmember Overbeck suggested Councilmembers from Districts 5, 6 and 1 should serve on the committee. Mayor Weitkunat stated the issues relating to CSU are citywide. Councilmember Poppaw stated the residents most impacted live in Districts 5 and 6. Packet Pg. 18 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 511 Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-118. Councilmember Troxell stated CSU issues are city-wide and suggested this Leadership Committee will provide the foundation for the first steps in engaging in discussions with CSU and its Board of Governors. RESULT: RESOLUTION 2014-118 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-119, with Councilmembers Campana and Troxell appointed to serve on the Committee. Mayor Pro Tem Horak suggested the incoming Council will be able to change appointments as it sees fit and noted Councilmembers Campana and Troxell were already appointed to the Liaison Committee. Councilmember Overbeck thanked Councilmembers Campana and Troxell for their service on the Committee. RESULT: RESOLUTION 2014-119 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak, Weitkunat 22. Resolution 2014-120 Accepting Advisory Opinion and Recommendation No. 2014-2 of the Ethics Review Board. (Adopted) The purpose of this item is to submit the opinion of the Ethics Review Board to Council for its consideration and possible approval. Mayor Weitkunat withdrew from the discussion of this item. City Attorney Daggett stated this item relates to an inquiry by Mayor Weitkunat regarding whether, and the extent to which, she has a continuing conflict of interest in participating in matters of various types relating to Foothills Mall. The Ethics Review Board, including Councilmembers Poppaw, Campana and Cunniff, concluded that whether the Mayor has a conflict on new matters related to the Mall should be evaluated based on the particular circumstances related to that matter. Additionally, the Board specifically noted it was not re- evaluating, upholding, or overturning the original 2012 Ethics Review Board opinion in which the Mayor was found to have a conflict of interest related to Mall issues due to the proximity of her residence to the Mall. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2014-120. Packet Pg. 19 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 512 Councilmember Cunniff clarified this decision would allow the Mayor to participate in Mall issues on a case-by-case basis. Councilmember Campana stated this decision removes the Mayor's presumed blanket conflict on every Mall-related issue. RESULT: RESOLUTION 2014-120 ADOPTED [6 TO 0] MOVER: Ross Cunniff, District 5 SECONDER: Lisa Poppaw, District 2 AYES: Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak RECUSED: Weitkunat 23. Items Relating to the Employment of the Municipal Judge. (Adopted) A. Resolution 2014-121 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the Eleventh Addendum to the Judge’s Employment Agreement. B. First Reading of Ordinance No. 178, 2014, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Municipal Judge. City Council met in executive session on November 12, 2014, to conduct the performance review of Municipal Judge Kathleen Lane. Resolution 2014-111 reappoints Judge Lane for another two-year term to expire December 31, 2016 and authorizes the Mayor to execute an addendum to the Judge’s employment agreement to reflect the change in term. Ordinance No. 178, 2014, establishes the 2015 salary of the Municipal Judge. Mayor Weitkunat discussed the performance evaluations of the Municipal Judge, City Attorney, and City Manager. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2014-121. Mayor Pro Tem Horak commended Judge Lane’s court administration and productivity. Councilmember Poppaw commended Judge Lane’s work and efficiency and stated she is most impressed by Judge Lane’s establishment of Special Agency Sessions and her work in the community with homeless individuals. Councilmember Campana noted Council has thoroughly commented on the Judge’s performance during her evaluation and commended her work. Councilmember Troxell commended Judge Lane and her work with alternative sentencing. Mayor Weitkunat thanked Judge Lane for her service. RESULT: RESOLUTION 2014-121 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Packet Pg. 20 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 513 Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 178, 2014 on First Reading, with a 4% salary increase to a $109,365 base salary and $133,760 total compensation. RESULT: ORDINANCE NO. 178, 2014 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Lisa Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 24. First Reading of Ordinance No. 179, 2014, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the Interim City Attorney. (Adopted on First Reading) The purpose of this item is to set the 2015 salary for the Interim City Attorney. City Council met in Executive Session with Interim City Attorney Carrie Daggett on November 12, 2014. This Ordinance establishes the 2015 salary of the Interim City Attorney. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 179, 2014 on First Reading, with a 4.5% salary increase over the current Interim salary to $151,909 base salary. Mayor Pro Tem Horak requested additional information prior to Second Reading regarding salary information should Interim City Attorney Daggett return to the Deputy City Attorney position. He commended City Attorney Daggett's work and service. Councilmembers Troxell and Campana commended City Attorney Daggett's work and service. Mayor Weitkunat commended City Attorney Daggett's leadership of the City Attorney's office. RESULT: ORDINANCE NO. 179, 2014 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 25. First Reading of Ordinance No. 180, 2014, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Salary of the City Manager. (Adopted on First Reading) The purpose of this item is to set the 2015 salary for the City Manager. City Council met in executive session on November 12, 2014 to conduct the performance review of City Manager Darin Atteberry. This Ordinance establishes the 2015 salary of the City Manager. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 180, 2014 on First Reading, with a 3% salary increase to a $244,839 base salary and $296,706 total compensation. Mayor Pro Tem Horak commended City Manager Atteberry's leadership and dedication. Councilmember Troxell commended City Manager Atteberry's work in allowing for continued excellence in the City organization and commended his integrity. Councilmember Poppaw commended City Manager Atteberry's leadership. Packet Pg. 21 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) December 16, 2014 City of Fort Collins Page 514 Councilmember Cunniff stated he would not support the motion citing his opinion that Council made a mistake with the market value used to evaluate the City Manager's salary last year. He stated he would support keeping the salary the same. Councilmember Campana commended City Manager Atteberry's leadership and consistent work in moving forward. He supported last year's salary increase. Mayor Weitkunat commended City Manager Atteberry's innovation and service. RESULT: ADOPTED ON FIRST READING [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Horak NAYS: Overbeck, Cunniff ADJOURNMENT The meeting adjourned at 8:59 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 22 Attachment1.1: December 16, 2014 (2753 : Minutes-12/16) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Janet Miller, Human Resources Director SUBJECT Second Reading of Ordinance No. 178, 2014, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Municipal Judge. EXECUTIVE SUMMARY City Council met in executive session on November 12, 2014, to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance, unanimously adopted on First Reading on December 16, 2014, establishes the 2015 salary of the Municipal Judge at 109,365. STAFF RECOMMENDATION Not applicable. ATTACHMENTS 1. First Reading Agenda Item Summary, December 16, 2014 (PDF) 2. 2014-2015 Benefit Comparison Chart (PDF) 3. Ordinance No. 178, 2014 (PDF) Packet Pg. 23 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Amy Sharkey, Benefits & HRIS Manager SUBJECT Items Relating to the Employment of the Municipal Judge. EXECUTIVE SUMMARY A. Resolution 2014-121 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the Eleventh Addendum to the Judge’s Employment Agreement. B. First Reading of Ordinance No. 178, 2014, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Municipal Judge. City Council met in executive session on November 12, 2014, to conduct the performance review of Municipal Judge Kathleen Lane. Resolution 2014-111 reappoints Judge Lane for another two-year term to expire December 31, 2016 and authorizes the Mayor to execute an addendum to the Judge’s employment agreement to reflect the change in term. Ordinance No. 178, 2014, establishes the 2015 salary of the Municipal Judge. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION Article VII, Section 1 of the Charter provides that the Municipal Judge is to be appointed for a term of two years. Kathleen M. Lane was first appointed to serve as the City's Municipal Judge effective July 1, 1989. Resolution 2012-116 reappointed Judge Lane for a two-year term ending on December 31, 2014. Resolution 2014-111 reappoints Judge Lane for another two-year term to expire December 31, 2016 and authorizes the Mayor to execute an addendum to the Judge’s employment agreement to reflect her new term of office. City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet twice a year to discuss performance and set goals for the coming year. In 2014, the total compensation paid to the Municipal Judge included the following: 2014 Salary and Benefits Annual Salary (.80 FTE) $105,159 Medical Insurance $ 8,316 Dental Insurance $ 516 Life Insurance $ 184 Long Term Disability $ 486 ICMA (457) $ 3,155 ICMA (401) $ 10,516 Total Monetary Compensation $128,332 ATTACHMENT 1 Packet Pg. 24 Attachment2.1: First Reading Agenda Item Summary, December 16, 2014 (2748 : SR 178 Salary-MJ) Agenda Item 23 Item # 23 Page 2 Non-Monetary Benefits Vacation (30 days per year) Holidays (11 days per year) Resolution 2014-096, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2015 salary. Packet Pg. 25 Attachment2.1: First Reading Agenda Item Summary, December 16, 2014 (2748 : SR 178 Salary-MJ) Prepared by Human Resources December 16, 2014 Municipal Judge Monetary Monetary % Increase 4.00% Base Salary $105,159 Base Salary $109,365 Medical Insurance 8,316 Medical Insurance 8,940 Dental Insurance 516 Dental Insurance 540 Life Insurance 184 Life Insurance 191 Long Term Disability 486 Long Term Disability 505 ICMA 457 3,155 ICMA 457 3,281 ICMA 401 10,516 ICMA 401 10,937 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days Total Compensation $128,332 Total Compensation $133,760 % Difference - Total Comp 4.2% $ Difference - Total Comp $5,428 2014 - 0.8 FTE Projected 2015 - 0.8 FTE ATTACHMENT 2 Packet Pg. 26 Attachment2.2: 2014-2015 Benefit Comparison Chart (2748 : SR 178 Salary-MJ) - 1 - ORDINANCE NO. 178, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE MUNICIPAL JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the Municipal Judge; and WHEREAS, the City of Fort Collins is committed to compensating its employees in a manner that is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, each year the City Council conducts a review of the past year's performance and the next year’s goals of the Municipal Judge; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the Municipal Judge to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council has determined that the base salary of the Municipal Judge should be established at the amount of $109,365, effective January 5, 2015, so that the total compensation of the Municipal Judge for 2015 will be $133,760. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-606. Salary of the Municipal Judge. The base salary to be paid to the Municipal Judge for working 0.8 FTE shall be one hundred nine thousand three hundred sixty-five dollars ($109,365.) per annum, payable in biweekly installments, which sum shall be charged to general government expense. Section 2. That the effective date of the salary adjustment shall be January 5, 2015, to be paid retroactively within a reasonable period of time after this Ordinance becomes final. Packet Pg. 27 Attachment2.3: Ordinance No. 178, 2014 (2748 : SR 178 Salary-MJ) - 2 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 28 Attachment2.3: Ordinance No. 178, 2014 (2748 : SR 178 Salary-MJ) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Janet Miller, Human Resources Director SUBJECT Second Reading of Ordinance No. 179, 2014, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the Interim City Attorney. EXECUTIVE SUMMARY City Council met in Executive Session with Interim City Attorney Carrie Daggett on November 12, 2014. This Ordinance, unanimously adopted on First Reading on December 16, 2014, establishes the 2015 salary of the Interim City Attorney at $151,909. STAFF RECOMMENDATION Not applicable. ATTACHMENTS 1. First Reading Agenda Item Summary, December 16, 2014 (PDF) 2. 2014-2015 Benefits Comparison Chart (PDF) 3. Ordinance No. 179, 2014 (PDF) Packet Pg. 29 Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Amy Sharkey, Benefits & HRIS Manager SUBJECT First Reading of Ordinance No. 179, 2014, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the Interim City Attorney. EXECUTIVE SUMMARY The purpose of this item is to set the 2015 salary for the Interim City Attorney. City Council met in Executive Session with Interim City Attorney Carrie Daggett on November 12, 2014. This Ordinance establishes the 2015 salary of the Interim City Attorney. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year. Resolution 2014-096, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Interim City Attorney Daggett’s 2015 salary. ATTACHMENT 1 Packet Pg. 30 Attachment3.1: First Reading Agenda Item Summary, December 16, 2014 (2749 : SR 179 Salary-CA) Prepared by Human Resources December 16, 2014 Interim City Attorney Monetary Monetary % Increase 4.50% DEPUTY Base Salary $132,152 DEPUTY Base Salary $138,099 INTERIM Base Salary $145,367 INTERIM Base Salary $151,909 2014 2015 ATTACHMENT 2 Packet Pg. 31 Attachment3.2: 2014-2015 Benefits Comparison Chart (2749 : SR 179 Salary-CA) - 1 - ORDINANCE NO. 179, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE COMPENSATION OF THE INTERIM CITY ATTORNEY WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Attorney; and WHEREAS, the City is committed to compensating its employees in a manner that is fair, competitive and understandable; and WHEREAS, City Attorney, Stephen J. Roy passed away suddenly on July 3, 2014; and WHEREAS, the City Council, through adoption of Resolution 2014-057, appointed Carrie Daggett as the interim City Attorney; and WHEREAS, this interim appointment will continue in effect until such time as the City Council officially appoints a city attorney or such earlier time as the Council may determine to be in the best interest of the City; and WHEREAS, the City Council agrees that at such time as the interim City Attorney is relieved of her duties as interim City Attorney, she will be returned to the position of deputy city attorney unless the City Council appoints her as the new city attorney; and WHEREAS, the City Council met with the interim City Attorney to conduct a review and establish goals for her performance; and WHEREAS, the City Council believes, based upon the added responsibilities placed on the interim City Attorney, that the base salary of the interim City Attorney for 2015 should be established at the amount of $151,909, per annum. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-581 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-581. Salary of the Interim City Attorney. The base salary to be paid the interim City Attorney shall be one hundred fifty- one thousand nine hundred nine dollars ($151,909.) per annum, payable in biweekly installments. Sixty (60) percent of such sum shall be charged to general government expense, twenty (20) percent to the City water utility and twenty (20) percent to the City electric utility. Packet Pg. 32 Attachment3.3: Ordinance No. 179, 2014 (2749 : SR 179 Salary-CA) - 2 - Section 2. That the effective date of the salary adjustment referred to in Section 1 above shall be January 5, 2015, to be paid retroactively within a reasonable period of time after this Ordinance becomes final. Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 33 Attachment3.3: Ordinance No. 179, 2014 (2749 : SR 179 Salary-CA) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist Tracy Dyer, Engineering Project Manager SUBJECT Second Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields Intersection Improvements Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 16, 2014, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Drake Road and Shields Street intersection. The Drake Road and Shields Street Intersection Improvements Project will construct right turn lanes on northbound and southbound Shields Street, bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is planned to begin construction in the summer of 2015. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and temporary easements from three property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected owners and is optimistic that all property negotiations can be completed prior to the start of the project. Staff is requesting authorization of eminent domain for all property acquisitions for the project to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 16, 2014 (w/o attachments) (PDF) 2. Ordinance No. 181, 2014 (PDF) Packet Pg. 34 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Tracy Dyer, Chief Construction Inspector SUBJECT First Reading of Ordinance No. 181, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Drake and Shields Intersection Improvements Project. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Drake Road and Shields Street intersection. The Drake Road and Shields Street Intersection Improvements Project will construct right turn lanes on northbound and southbound Shields Street, bicycle lanes, and medians for safety and air quality improvements at the intersection. The project is planned to begin construction in the summer of 2015. The project budget consists of both federal and local funds. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and temporary easements from three property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with all affected owners and is optimistic that all property negotiations can be completed prior to the start of the project. Staff is requesting authorization of eminent domain for all property acquisitions for the project to comply with federal acquisition requirements. Eminent domain action will be used only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study which ranked the Drake Road and Shields Street intersection in the top ten locations in need of enhancements. Existing problems which brought this intersection to the top of the list include: higher than average vehicle accident rates, and elevated levels of vehicle delay (congestion). The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. The goals for this project are to: Improve safety for vehicles, bicycles, and pedestrians Install right turn lanes north and south bound Reduce movements in a full movement intersection Improve air quality through reduced vehicle wait time This project will require the acquisition of property interests from three properties. The necessary property interests include right-of-way and temporary easements. Since the project is partially funded with federal funds, all aspects of the project, including property acquisitions must comply with procedures identified for ATTACHMENT 1 Packet Pg. 35 Attachment4.1: First Reading Agenda Item Summary, December 16, 2014 (w/o attachments) (2751 : SR 181 Drake/Shields Intersection ED) Agenda Item 12 Item # 12 Page 2 federally funded projects. The acquisition phase of the project will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as Amended (Public Law 91-646). In accordance with these regulations, the City must inform property owners about the possible use of eminent domain and their rights pursuant to Colorado Statute in the official Notice of Intent Letter. Prior to appraisals, this letter is the official first step in the acquisition phase. Authorization for the use of eminent domain from City Council is needed prior to sending this information to property owners. Staff has corresponded with all property owners to provide the purpose and goals of the project and inform them of any impacts to their properties. Staff also notified property owners that they would be presenting an ordinance to City Council requesting approval to use eminent domain to acquire necessary property interests if needed. Staff has received no objections to the proposed request. Staff is optimistic that all property negotiations can be completed in good faith. Given the recommended construction schedule for the project and the fact that the City must conduct acquisitions under procedures for federally funded projects, timely acquisition of the property interests is necessary. Staff is requesting authorization of eminent domain, only if such action is deemed necessary, for all property acquisitions for the project. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to the first reading of this Ordinance. FINANCIAL / ECONOMIC IMPACTS Council previously approved the following Resolution and Ordinances in 2013: Ordinance No. 165, 2013 (Appropriation Ordinance) Resolution 2013-092 (IGA with CDOT for Grant Funds) The estimated cost for the project is approximately one million dollars. This includes design, right of way/easement acquisition and construction. The funding for this project is provided through a Federal Hazard Elimination grant that requires a local match portion. This grant has been awarded by the Colorado Department of Transportation to the City of Fort Collins with the issuance of the notice to proceed in January 2014. ENVIRONMENTAL IMPACTS A benefit of this project will be the reduction in wait time and associated reductions in vehicle emissions. Pedestrian facilities will be improved to be compliant with current standards. PUBLIC OUTREACH Outreach has occurred with the adjacent property owners through conceptual review of the project and associated impacts the properties that are included in this agenda item summary. Additional outreach has been handled through City websites and internal communication and review with staff members from a variety of departments with familiar experience of similar projects. ATTACHMENTS 1. Project Location Map (PDF) 2. Project Detail (PDF) Packet Pg. 36 Attachment4.1: First Reading Agenda Item Summary, December 16, 2014 (w/o attachments) (2751 : SR 181 Drake/Shields Intersection ED) - 1 - ORDINANCE NO. 181, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DRAKE AND SHIELDS INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Drake and Shields Intersection Improvements Project (the “Project”) in 2015; and WHEREAS, the Project involves the construction of road improvements, bicycle and pedestrian improvements, and other necessary improvements; and WHEREAS, the Project will relieve congestion, improve air quality through reduced vehicle-wait times, and improve the safety, operations, and aesthetics at the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire certain property rights as described on Exhibits “A” through “F”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City’s best interests, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that is necessary and in the public interest to acquire the Property Rights described herein for the purpose of completing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 3. The City Council finds that, in the event acquisition of the Property Rights or any of them by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. Packet Pg. 37 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) - 2 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 38 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Exhibit "A" Packet Pg. 39 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Exhibit "B" Packet Pg. 40 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Exhibit "C" Packet Pg. 41 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Exhibit "D" Packet Pg. 42 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Exhibit "E" Packet Pg. 43 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Exhibit "F" Packet Pg. 44 Attachment4.2: Ordinance No. 181, 2014 (2751 : SR 181 Drake/Shields Intersection ED) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Patrick Rowe, Real Estate Specialist SUBJECT Second Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 16, 2014, authorizes the use of eminent domain, if necessary, to acquire property interests which are necessary to provide intersection improvements at McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 16, 2014 (w/o attachments) (PDF) 2. Ordinance No. 182, 2014 (PDF) Packet Pg. 45 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist Erika Keeton, Special Project Engineer SUBJECT First Reading of Ordinance No. 182, 2014, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project. EXECUTIVE SUMMARY The purpose of this item is to provide City Council authorization to utilize eminent domain, if necessary, to acquire property interests which are necessary to provide intersection improvements at McClelland Drive and Drake Road in order to enhance safety and service for the MAX Bus Rapid Transit System (MAX). As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION MAX, the five mile north-south byway extending from the Downtown Transit Center on the north to the newly developed South Transit Center south of Harmony Road, began operations in May of 2014. In advance of MAX opening, but supported by actual use, MAX Project staff identified the intersection of McClelland Drive and Drake Road as benefiting from a dedicated through lane for MAX buses. The primary benefits of a through lane are to prevent the motoring public from inadvertently entering the exclusive MAX guideway and to increase the efficiency of the intersection for both the motoring public and the MAX system. The proposed MAX only through lane would be provided by adding a right turn lane on northbound McClelland at the Drake Road intersection, which allows the existing right turn lane to be re-configured as the MAX through lane. A dedicated MAX through lane allows for clearer markings and signage on the through lane which greatly reduces the likelihood that a motorist will inadvertently enter the MAX exclusive guideway which extends north from the intersection of McClelland Drive and Drake Road. Additionally, the dedicated lane provides for the separation of MAX buses and allows right turning motorist to move through the intersection without waiting for the MAX buses. To facilitate the MAX only through lane the City will need to acquire a 6,091 square foot fee acquisition, as well as a utility easement and temporary construction easement. To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, it is critical that the City have the ability to acquire the property interests in a timely manner, utilizing eminent domain if necessary. In addition, since this is a federally funded project, eminent domain must be authorized ATTACHMENT 1 Packet Pg. 46 Attachment5.1: First Reading Agenda Item Summary, December 16, 2014 (w/o attachments) (2752 : SR 182 MAX ED) Agenda Item 13 Item # 13 Page 2 before staff is able to send affected property owners the required Notice of Interest letter, which makes certain representations regarding the use of eminent domain. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if necessary, and only if good faith negotiations are not successful. It’s important to note that City staff has taken great effort to minimize impacts to property owners, and will continue to do so as the project concludes. Several meetings have been conducted with the potentially affected property owner and the property owner has been contacted via certified mail in regards to the process and the City’s acquisition interests. FINANCIAL / ECONOMIC IMPACTS Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. PUBLIC OUTREACH Several meetings have been conducted with the potentially affected property owner and the property owner has been contacted via certified mail in regards to the process and the City’s acquisition interests. ATTACHMENTS 1. Location Map (PDF) Packet Pg. 47 Attachment5.1: First Reading Agenda Item Summary, December 16, 2014 (w/o attachments) (2752 : SR 182 MAX ED) - 1 - ORDINANCE NO. 182, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS, the City is planning to make improvements to the intersection of McClelland Drive and Drake Road (the “Project”) as part of the Mason Corridor Bus Rapid Transit System (MAX); and WHEREAS, the Project involves constructing a dedicated through lane for MAX buses and other necessary improvements, which will enhance the safety and efficiency of the intersection for both MAX buses and other vehicles using the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire a utility easement, right-of-way, and a temporary construction easement, as described and shown on Exhibit “A”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owner thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City’s best interests, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that is necessary and in the public interest to acquire the Property Rights described herein for the purpose of completing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 3. The City Council finds that, in the event acquisition of the Property Rights or any of them by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. Packet Pg. 48 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) - 2 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 49 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) Exhibit "A" Page 1 of 5 Packet Pg. 50 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) Exhibit "A" Page 2 of 5 Packet Pg. 51 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) Exhibit "A" Page 3 of 5 Packet Pg. 52 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) Exhibit "A" Page 4 of 5 Packet Pg. 53 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) Exhibit "A" Page 5 of 5 Packet Pg. 54 Attachment5.2: Ordinance No. 182, 2014 (2752 : SR 182 MAX ED) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator SUBJECT First Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of unbudgeted funds received through a grant for the Safe Routes to School program. The City of Fort Collins FC Moves Department has received a $15,000 grant through the Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe Routes to School (SRTS) program. This funding will allow the City’s SRTS program (administered and staffed by FC Moves) to purchase strategic SRTS equipment for Fort Collins youth. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins FC Moves staff develops and administers the local SRTS program. The success of the program is based on collaborations with local partners including Poudre School District (PSD), Thompson School District, Bicycle and Pedestrian Education Coalition, Healthier Communities Coalition, Safe Kids Larimer County, Boys & Girls Clubs of Larimer County, Bike Fort Collins, various City departments (Traffic Operations, Police, Engineering, Streets), local businesses, individual schools and parents. Both the 2008 Bicycle Plan and the 2011 Bicycle Safety Education Plan (BSEP) call for the City and community partners to provide bicycle education for children. A major goal of the overall SRTS program is to double the number of children who safely bike and walk to school - from an average of 20% to 25% of local schoolchildren currently to 50% in 2015 and beyond. Per the grant scope of work, the Fort Collins SRTS program will use the $15,000 grant funding to acquire the following new equipment for use at K-12 schools: Bicycle Workstations - Ten bike-repair stations (tools, workstand, pump) will be purchased by the SRTS program for stationing at schools with active bike programs. Ride Leader Bags - Twenty-five new SRTS ride leader bags will be assembled for carrying along on educational rides with K-12 students. Cargo Trailer and Tagalong - A new cargo trailer will be acquired for use in transporting SRTS equipment by bicycle, along with a tagalong that schools may borrow to accommodate children unable to bike on their own. Air Compressor - A new portable air compressor will be acquired for inflating bike tires in conjunction with SRTS programming at schools. Packet Pg. 55 Agenda Item 6 Item # 6 Page 2 This project directly supports City Plan and the City’s Transportation Master Plan: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 - Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use. FINANCIAL / ECONOMIC IMPACTS This is the latest of several grants received by the City’s Safe Routes to School program since 2007, totaling $729,983. New Belgium is providing the full $15,000, with no matching funds required. The City can begin utilizing the funds immediately upon City Council’s approval of this appropriation. Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of active transportation. Economic savings are a clear result when people shift away from motor vehicle use, particularly for short trips, and opt instead to walk or bike. These savings are realized by both individual families as well as the larger community. Choosing to walk or bike translates to personal savings for families through fewer car trips and reduced costs for vehicle maintenance and fuel. For the larger community, reduced automobile emissions combined with a more physically active populace translates to lower health-care costs by reducing the incidence of disease associated with physical inactivity and air pollution. Shifts to active transportation modes also impact the community’s economy through less wear and tear on roadways (reducing road maintenance expenditures) and higher home values in areas with less traffic congestion and air pollution. ENVIRONMENTAL/HEALTH IMPACTS Public-health and environmental agencies are recognizing the connection between active transportation choices and improved health of both people and the environment. According to the Centers for Disease Control and Prevention, “Although motor vehicle emissions have decreased significantly over the past three decades, air pollution from motor vehicles continues to contribute to the degradation of our environment and adverse respiratory and cardiovascular health effects.” The CDC specifically mentions Safe Routes to School as a means of ameliorating the negative impacts of motor vehicle emissions and chronic diseases stemming from physical inactivity among children. BOARD / COMMISSION RECOMMENDATION The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS program. Both groups have shown strong support for the program’s goals as well as for grant funding to support the program. PUBLIC OUTREACH SRTS public outreach occurs on an ongoing basis through presentations to school PTOs/PTAs, school wellness teams and community groups. Public outreach is also accomplished through an SRTS annual report and other information posted on the SRTS website, fcgov.com/saferoutes. Packet Pg. 56 - 1 - ORDINANCE NO. 001, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE TRANSPORTATION SERVICES FUND FOR THE SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, the Safe Routes to School Program established by the Colorado Department of Transportation (CDOT) is designed to promote the safety of students traveling to and from school and to encourage more students to choose walking or bicycling to and from school; and WHEREAS, the City’s FC Moves Division has received a $15,000 grant through the Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery (the “Grant”) for the 2015 Safe Routes To School (SRTS) Program; and WHEREAS, the Grant will be used to purchase new bicycle equipment for K-12 schools; and WHEREAS, the Grant does not require the City to provide local matching funds; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Grant funds will not cause the total amount appropriated in the Transportation Services Fund - FY 2015 Safe Routes to School program to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the Transportation Services Fund the sum of FIFTEEN THOUSAND DOLLARS ($15,000) for the Safe Routes to School Program. Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 57 - 2 - Passed and adopted on final reading on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 58 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Melissa Funk, Victim Services Supervisor John Hutto, Police Chief SUBJECT First Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Team. EXECUTIVE SUMMARY The purpose of this item is to fund the Victim Services Team of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Team has been awarded a 12-month grant in the amount of $37,000 for the period from January 1, 2015 to December 31, 2015 by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These fund will also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Victim Services Team has received funding from the VALE grant since the inception of the program in 1996. Services have been provided to thousands of victims and their family members who have become victims of violent crime in the community. Council has approved appropriations of the grant revenue every year. Services to the community would be drastically cut without this grant award. FINANCIAL / ECONOMIC IMPACTS The City has received a grant in the amount of $37,000 from the Eighth Judicial District Victim Assistance and Law Enforcement Board to help fund victim services activities. This grant requires no local cash match. Packet Pg. 59 - 1 - ORDINANCE NO. 002, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES TEAM WHEREAS, the City of Fort Collins Police Services has been awarded a grant in the amount of $37,000 (the “Grant”) for the period from January 1, 2015 to December 31, 2015 by the Eighth Judicial District Victims and Law Enforcement (“VALE”) Board to support the Fort Collins Police Services Victim Services Team (the “Victim Services Team”); and WHEREAS, the Victim Services Team provides crisis intervention, resources and referral services to victims of violent crime as well as other traumatic situations; and WHEREAS, the Grant will be used to fund a part of the salary for the victim advocate who provides crisis intervention services and to partially pay for operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in our community; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Grant from the VALE Board to support the Victim Services Team will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of THIRTY SEVEN THOUSAND DOLLARS ($37,000) for expenditure in the General Fund for the Fort Collins Police Services Victim Services Team. Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 60 - 2 - Passed and adopted on final reading on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 61 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Christine Macrina, SUBJECT Resolution 2015-001 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards commissions, and authorities due to resignations and the expiration of terms of current members. Applications were solicited during September and October. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution makes 9 appointments to 5 boards, commissions and authorities to existing vacancies with terms to begin immediately. Names of those individuals recommended to fill current vacancies have been inserted in the Resolution with the expiration date following the names. Packet Pg. 62 - 1 - RESOLUTION 2015-001 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards, commissions, and authorities of the City due to resignations by board members and due to the expiration of the terms of certain members; and WHEREAS, the City Council desires to make appointments to fill the vacancies which exist on the various boards, commissions, and authorities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: That the following named persons are hereby appointed to fill current vacancies on the boards, commissions, and authorities hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Air Quality Advisory Board Expiration of Term Mark Houdashlet December 31, 2018 Robert Kirkpatrick December 31, 2018 Varalakshmi Viss December 31, 2018 Human Relations Commission Expiration of Term Joseph Leske December 31, 2016 Housing Authority Expiration of Term Jake Joseph December 31, 2018 Landmark Preservation Commission Expiration of Term Meg Dunn December 31, 2018 Per Hogestad December 31, 2018 Packet Pg. 63 - 2 - Water Board Expiration of Term Rebecca Hill December 31, 2018 Lori Brunswig December 31, 2018 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of January, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 64 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Wanda Nelson, City Clerk Rita Knoll, Chief Deputy City Clerk SUBJECT Items Related to Term Limits, Petitions, and Recall Charter Amendments. EXECUTIVE SUMMARY The purpose of this item is to consider Charter Amendments related to term limits, petitions and recall for placement on the April 7, 2015 ballot. A. First Reading of Ordinance No. 003, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II, Section 1(d) of the City Charter Pertaining to the Terms of Office of the Mayor and City Councilmembers. B. First Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum. C. First Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter Pertaining to the Sufficiency of a Nominating Petition. D. First Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall Elections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION At the August 12, 2014 Work Session, staff presented proposed Charter Amendments for Council’s consideration. The Charter Amendments concern initiative/referendum, candidate nomination, and recall. Council also indicated they would like to consider a Charter Amendment about term limits. Article IV Section 8 of the Fort Collins Charter states that the Charter may be amended at any time in the manner provided by the laws of the State of Colorado. CRS 31-2-210(6) outlines the procedure to amend a municipal Charter: “If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved.” Charter Amendments were last considered in April 2011, when citizens voted during the Municipal election on redistricting, ranked voting, and the Library Park building footprint. Packet Pg. 65 Agenda Item 9 Item # 9 Page 2 Ordinance No. 003, 2015, Concerning Term Limits At the general election on November 8, 1994, Colorado voters approved an amendment to the Colorado Constitution establishing term limits for municipal elected officials. Referred to as Amendment 17, the citizen- initiated constitutional amendment placed statewide term limits on every state and local elected official in Colorado. The provisions of Amendment 17 generally limit elected officials to no more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, elected officials are limited to no more than three consecutive terms in office. Application of Amendment 17 in Fort Collins currently limits Councilmembers to two consecutive four-year terms, and the Mayor to three consecutive two-year terms. Amendment 17 also permits voters of a local government to lengthen, shorten or eliminate the limitations on terms of office imposed by the Amendment. Prior to enactment of Amendment 17, Fort Collins did not have term limits for elected officials. Since enactment of Amendment 17, Fort Collins voters have not considered a term limits question. It is important to note that the modification of the constitutionally imposed term limits does not necessarily require amending the Charter, since the Charter does not currently speak to the number of consecutive terms that the Mayor or other Councilmembers may serve. However, staff believes that, if the City Council wishes to modify the terms limits, it would be advisable to present the issue to the voters as a proposed Charter amendment so that the number of terms, if modified, would be specified in the Charter. Staff has prepared three options for Council's consideration: Option # Terms Permitted for Mayor Serving 2 Year Terms Total Years Served Mayor # Terms Permitted for Councilmembers Serving 4 Year Terms Total Years Served Councilmember A* 3 6 2 8 B 4 8 3 12 C No limit No limit No limit No limit *This is the structure that is currently followed. Ordinance No. 004, 2015 Concerning Initiative and Referendum Combined as one ballot question related to initiatives, this Ordinance would amend the Charter to: a. Change the deadline to submit citizen initiative petitions from 60 days prior to the election to 90 days prior to the election to allow enough time to meet TABOR deadlines and other deadlines called out in Article X of the Charter. b. Remove language that invalidates both signatures if a person signs a petition twice, and substitute language that provides for the first signature found to be counted (if valid), and all subsequent signatures to be rejected. c. Add language to the Charter to clarify that additional signatures submitted to cure an insufficiency can be collected any time after the Clerk’s approval of the form of petition. d. Make it clear that a person can protest the determination of sufficiency OR insufficiency of a petition. e. Allow the City Manager to appoint an alternate hearing officer (someone other than the City Clerk) for protest hearings. f. Clarify the sentence on the submission clause so as to require the response to all ballots question be Yes/For or No/Against. Although originally presented at the August Work Session to expand the amount of time the Clerk has to examine a petition, staff determined this additional time would negatively impact other election-related deadlines and is no longer being recommended. Ordinance No. 005, 2015, Concerning Nomination Petitions This Ordinance would amend Article VIII, Section 4(b) to remove language that requires a nomination petition circulator to certify the number of signatures collected, and disregard signatures in excess of the number certified. Staff is recommending this amendment because the number of signatures collected on the petition is self-evident. Additionally, candidates have found this requirement confusing on the Nomination Petition and the Packet Pg. 66 Agenda Item 9 Item # 9 Page 3 number of signatures collected was the focus of an election complaint filed in 2013. Finally, after researching past Charter Amendments, staff cannot determine why this provision was put into the Charter. Ordinance No. 006, 2015, Concerning Recall In a recent Colorado Supreme Court decision, the court ruled that provisions similar to those contained in Article IX, Section 3(c) of the City’s Municipal Charter conflict with the First and Fourteenth Amendments to the United States Constitution. This ballot question would conform to the ruling that a person does not have to vote on the question of recall in order for their vote for a successor candidate to be counted. PUBLIC OUTREACH Via email, staff reached out to the Chamber of Commerce, the Coloradoan, and the Fort Collins Board of Realtors to inform them this item would be considered by Council and inquire if they had any questions. Mr. Clint Skutchan with the Board of Realtors responded with the results of a community poll that was commissioned in 2012 (Attachment 3). ATTACHMENTS 1. CML Matrix Muncipal Elections-Term Limit Issues (PDF) 2. CML Publication FAQs Term Limits (PDF) 3. Board of Realtors Community Poll 2012 Term Limits (PDF) 4. PowerPoint Presentation (PPTX) Packet Pg. 67 Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Aguilar Eliminate of term limits for all elected officials. fail Eliminate term limits for Mayor. fail Eliminate term limits for Trustee. fail Akron Eliminate term limits for mayor and trustees pass Alamosa Modify term limits to conform to city charter pass Alma Create 4 year term limit for mayor. pass Eliminate term limitations for all elected officials. fail Arriba Eliminate term limits for mayor and council pass Arvada Charter amendment to allow three terms instead of only two pass Aspen Extension on term limits to 14 consecutive years pass Aurora Charter amendment to allow three consecutive terms (increase from 8 to 12 years) for any elected office pass Basalt Eliminate term limits for mayor and trustees fail Eliminate term limits for all elected officials fail Charter limits elected officials to 2 terms with mayor and councilor considered separate offices pass Bayfield Eliminate term limits for trustees fail Bethune Eliminate term limits for city officials pass Black Hawk Eliminate term limits fail Eliminate term limits for all elected officials pass Blanca Eliminate term limits for mayor and city council pass Blue River Eliminate term limits for elected officials fail Bonanza Eliminate term limits & reduce board to 5 (including mayor) pass Boulder Eliminate term limits for city council pass Term limit provision, if not removed by electors, will be adjusted to provide that council members elected to fill a vacancy of less than one year will not count as a term of office pass Amend charter for staggered 4 year terms of mayor and council fail Bow Mar Eliminate term limits pass Brighton Amend charter to clarify term limits for officials who were appointed to elected office pass Brookside Eliminate term limits for mayor and board pass Castle Rock Eliminate term limits for mayor and councilmembers fail Amend charter to increase council terms from two to four years fail Central City Eliminate term limits fail Cheyenne Wells Eliminate term limits for Trustees and mayor pass Coal Creek Eliminate term limits pass Collbran Eliminate term limits for mayor and trustees fail Crawford Eliminate term limits pass ATTACHMENT 1 Packet Pg. 68 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Creede Eliminate term limits for trustees and mayor pass Crestone Eliminate term limits pass Crook Eliminate term limits for mayor and trustees pass Dacono Charter amendment eliminating term limits fail Charter amendment providing for three, three-year terms for elected officials pass Deer Trail Eliminate term limits for Mayor and Trustees. pass Del Norte Eliminate term limits pass Denver Eliminate term limits for elected officials fail Lengthen term limits to 3 consecutive 4-year terms pass Dolores Eliminate term limits for mayor and council fail Dove Creek Eliminate term limits pass Eads Modification of term limits pass Eckley Eliminate term limits for mayor and trustees pass Edgewater Eliminate term limits for mayor and council members fail Charter amendment eliminating term limits fail Englewood Amend Charter to allow council members to serve three consecutive terms pass Estes Park Eliminate term limits fail Evans Eliminate term limits for anyone covered by Colorado Constitution fail Eliminate term limits fail Partial terms will not count as a term in office so long as no one served more than 10 consecutive years pass Flagler Eliminate term limits for all elected officials pass Fleming Eliminate term limits on elected officials. fail Fort Lupton No person shall serve more than three consecutive terms for councilmember fail Councilmembers limited to three consecutive terms pass Foxfield Eliminate term limits for all elected officials fail pass Fraser Eliminate term limits for all elected officials pass Frederick Eliminate term limits fail Eliminate term limits fail Fountain Amend Charter to change Mayor’s term of office to 4 years with 2 maximum terms pass Fowler Eliminate term limits for Trustee & Mayor pass Frisco Two consecutive terms or 10 years of service for councilmembers; 3 consecutive terms of 14 years of any combination of mayor and councilmember; two-year delay after service pass Garden City Eliminate term limits pass Packet Pg. 69 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Genoa Eliminate term limits pass Gilcrest Eliminate term limits for mayor and board of trustees fail Glenwood Eliminate term limits fail Springs Eliminate term limits fail Granada Eliminate term limits pass Granby Eliminate term limits for elected officials pass Grand Lake Eliminate term limits for elected officials pass Greenwood Village Charter amendment to modify term limits by allowing councilmembers to serve four, two-year terms pass Gunnison Lengthen the limitation on terms of office for city council members to no more than 12 consecutive years, commencing with terms of office beginning May 12, 1987 fail Gypsum Eliminate term limits for elected officials fail Eliminate term limits for mayor and town councilmembers pass Hartman Eliminate term limits for mayor and council pass Haswell Modify term limits for mayor and trustees pass Reduce number of trustees from 7 to 5 pass Haxtun Eliminate term limits for mayor and town council fail Hayden Eliminate term limits fail Hillrose Eliminate term limits pass Holyoke Eliminate term limits for mayor and city council fail Eliminate term limits for mayor and city council pass Hooper Eliminate term limits for Mayor and Board of Trustees fail Hotchkiss Eliminate term limits fail Hot Sulphur Springs Eliminate term limits for Mayor and Board of Trustees pass Hugo Eliminate term limits pass Idaho Springs Eliminate term limits for city treasurer fail Eliminate term limits for city clerk fail Eliminate term limits for city clerk and treasurer fail Eliminate term limits for city clerk pass Eliminate term limits for city treasurer fail Ignacio Eliminate term limits for all elected officials pass Iliff Eliminate term limits for Mayor and councilmembers fail Jamestown Limitation of two consecutive terms for all elected officials pass Johnstown Eliminate term limits pass Julesburg Eliminate term limits for mayor and trustees fail Eliminate term limits for all elected officials pass Keenesburg Eliminate term limits for mayor and trustees pass Packet Pg. 70 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Kim Eliminate term limits pass Kiowa Eliminate term limits pass Kit Carson Eliminate term limits for all elected officials fail Kremmling Eliminate term limits for all elected officials pass La Junta Eliminate term limits fail Eliminate term limits fail Elected officials authorized to serve more than two terms in office if re-elected pass Lakeside Eliminate term limits pass Eliminate term limits for mayor and board of trustees pass Lamar Eliminate term limits pass La Salle Eliminate term limits pass La Veta Eliminate term limits for mayor and board pass Lake City Eliminate term limits pass Las Animas Eliminate term limits for city clerk and treasurer pass Leadville Eliminate term limits for mayor, council, clerk & treasurer fail Eliminate term limits for city clerk fail Log Lane Eliminate term limits for board of trustees fail Village Eliminate term limits for elected officials fail Mancos Eliminate term limits for mayor and council fail Manzanola Eliminate term limits pass Marble Eliminate term limits pass Merino Eliminate term limits pass Minturn Eliminate term limits for elected officials pass Monte Vista Eliminate city council term limits pass Montezuma Eliminate term limits pass Morrison Eliminate term limits for mayor and trustees fail Mountain View Authorize all elected officials of the town to serve more than two consecutive terms pass Amend terms for board of adjustments and appeals and the planning and zoning commission pass Mt. Crested Butte Eliminate term limits for council members fail New Raymer Eliminate term limits for mayor and trustees pass Nucla Eliminate term limits for all elected officials pass Nunn Eliminate term limits fail Oak Creek Eliminate term limits fail Eliminate term limits for mayor and trustees pass Ordway Eliminate term limits pass Packet Pg. 71 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Otis Eliminate term limits fail Paoli Eliminate term limits pass Paonia Eliminate term limits fail Parachute Eliminate term limits fail fail Allow three consecutive 4 years terms pass Parker Charter amendment eliminating term limits fail Peetz Eliminate term limits fail fail Platteville Eliminate term limits fail Eliminate term limits fail Poncha Springs Eliminate term limits pass Pueblo Eliminate term limits for city council fail Eliminate term limits for civil service commission pass Eliminate term limits for Board of Water Works pass Ridgway Eliminate term limits established by state statute pass Rifle Reinstatement of term limits pass Rockvale Eliminate term limits for mayor and trustees pass Rocky Ford Eliminate term limits for mayor, city council, clerk, and treasurer fail Saguache Eliminate term limits for the mayor and trustees fail Sanford Eliminate term limits for mayor fail Eliminate term limits for trustees pass Sedgwick Eliminate term limits. pass Severance Eliminate term limits pass Sheridan Repeal home rule charter section on term limits fail Silt Eliminate term limits for elected officials pass Eliminate term limits pass Silver Plume Eliminate term limits for trustees and mayor pass Silverton Eliminate term limits fail Springfield Eliminate term limits for trustees and mayor fail Starkville Eliminate term limits pass Sterling Eliminate term limits for elected officials fail Stratton Eliminate term limits pass Sugar City Eliminate term limits pass Swink Eliminate term limits pass Telluride Charter amendment to increase terms from 3 to 4 years for the mayor and councilmembers pass Thornton Term limits increased from 2 consecutive terms to 3 for mayor and concilmembers fail Extend term limits to three maximum terms for mayor and council members fail Packet Pg. 72 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Timnath Eliminate term limits pass Two Buttes Eliminate term limits pass Vilas Eliminate term limits pass Vona Eliminate term limits for local elected officials pass Walsenburg Eliminate term limits for mayor, councilmembers, clerk, and treasurer fail Eliminate term limits for mayor fail Eliminate term limits for members of city council fail Eliminate term limits for city clerk fail Eliminate term limits for city treasurer fail Eliminate term limits for city clerk fail Eliminate term limits for coty treasurer fail Wellington Eliminate of term limits for mayor and board of trustees pass Westcliffe Eliminate term limits pass Westminster Clarification of term limits pass Wheat Ridge Charter amendment for four-year term of office for city clerk and no limit on number of terms fail Charter amendment for four-year term of office for city treasurer and no limit on number of terms fail Charter amendment for four-year term of office for mayor and adjusting term limits thereon pass Charter amendment for four-year staggered terms of office for city council member and adjusting term limits thereon pass Eliminate term limits for city clerk fail Eliminate term limits for city treasurer fail Four-year term for city clerk pass Four-year term for city treasurer pass Wiggins Eliminate term limits for mayor and trustees pass Williamsburg Eliminate term limits for all elected officials fail Wray Require term limits for city council pass Winter Park Eliminate term limits pass Yampa Eliminate term limits for all elected officials pass Yuma Eliminate term limits for mayor and council fail Eliminate term limits pass TOTALS* Pass 3146207161217711123001150 Fail 3 11 9 9 8 7 4 9 5 8 1 1 2 0 0 1 2 0 4 2 0 Totals 62515291523530121522323121570 CUMULATIVE TOTALS: Packet Pg. 73 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) Municipal Elections Term Limit Issues, 1995–Fall 2014 Ballots Municipality Authorization to Retain and Spend Excess Revenues 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 PASS 117 FAIL 86 TOTAL 203 (57.6% approval rate) NOTE: Some of these measures are to modify term limits not to eliminate them. Packet Pg. 74 Attachment9.1: CML Matrix Muncipal Elections-Term Limit Issues (2740 : Charter Amendments) 4 :KHUHFDQ,¿QGWKHODZRQORFDO WHUPOLPLWV" 7HUPOLPLWDWLRQVIRUHOHFWHGRI¿FLDOVZHUH adopted pursuant to Amendment 17 of 1994, an initiated constitutional amendment approved at the Nov. 8, 1994, general election. The provisions of $PHQGPHQWUHODWHGWRORFDORI¿FLDOV ZHUHFRGL¿HGDW6HFWLRQRI$UWLFOH XVIII of the constitution. 4 :KDWDUHWKHORFDOWHUPOLPLWV" $QRI¿FLDOLVOLPLWHGWRWZRFRQVHFXWLYH WHUPVLQRI¿FHWKDWLVPRUHWKDQWZR years in length, typically a four-year WHUP,QWKHFDVHRIWZR\HDUWHUPV RI¿FLDOVFDQQRWKROGPRUHWKDQWKUHH FRQVHFXWLYHWHUPVLQRI¿FH &ROR &RQVW$UW;9,,, 4 :KDWDUHFRQVHFXWLYHWHUPV" Terms are considered consecutive unless there is a four-year break EHWZHHQWHUPV+RZHYHUSDUWLDOWHUPV DQGDSSRLQWPHQWVGRQRWFRXQWWRZDUG WKHFXPXODWLYHWRWDOV &ROR&RQVW$UW ;9,,, 4 +RZGRWHUPOLPLWVLPSDFWKRPH UXOHFKDUWHUV" The constitutional amendment on term limits applies to every municipality in the VWDWHLQFOXGLQJWKRVHZLWKKRPHUXOH FKDUWHUV &ROR&RQVW$UW;9,,, 4 +RZGRZHJRDERXWFKDQJLQJ WHUPOLPLWV" &LWLHVDQGWRZQVPD\H[HUFLVHWKHORFDO RSWLRQSURYLVLRQZLWKLQWKHDPHQGPHQW Both statutory and home rule municipalities also can change the number of trustees or lengthen the WHUPVRIRI¿FHWKURXJKRUGLQDQFHRU charter amendment to mitigate the HIIHFWVRIWHUPOLPLWDWLRQ &ROR&RQVW $UW;9,,, Q: ,IDERDUGPHPEHUUXQVIRUPD\RU KDOIZD\WKURXJKKLVKHUWHUPDV WUXVWHHFDQKHVKHUHPDLQDWUXVWHH" <HV:KLOHQRFDQGLGDWHPD\KROGWZR elected municipal positions at one time, QRODZSUHFOXGHVDWUXVWHHIURP continuing to serve in that capacity until he/she is elected mayor. Before being VZRUQLQWRWKHRI¿FHRIPD\RUKHVKH ZRXOGQHHGWRUHVLJQIURPWKHRI¿FHRI WUXVWHH &56 4 0XVWDSHUVRQDSSRLQWHGWR¿OOD YDFDQF\RQWKHJRYHUQLQJERG\EH HOHFWHGDWWKHQH[WUHJXODUPXQLFLSDO HOHFWLRQLQRUGHUWRFRQWLQXHLQ RI¿FH" Yes. The statutes applicable to statutory FLWLHV &56 Fort Collins Association of REALTORS® Term Limits Initiative April 2012 American Strategies Incorporated and Myers Research | Strategic Services, LLC designed and administered this telephone survey conducted by professional interviewers. The survey reached 400 adults, 18 years or older, who indicated they are almost certain or will probably vote in the November 2012 general election. The survey was conducted March 28-April 1, 2012. Telephone numbers were generated by a random selection of both voters with and without phone numbers from the voter file. The data were weighted by age to ensure an accurate reflection of the population. The sample size with these weights applied is 400. The overall margin of error is +/- 4.9 percent. The margin of error for subgroups is larger and varies. ATTACHMENT 3 Packet Pg. 76 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Executive Summary Slide 2 Two-thirds of November 2012 voters would vote against a ballot measure to extend term limits for Fort Collins city council members from two to three four-year terms. Opposition to extending term limits is strongest among Republicans (77 percent), seniors (72 percent), and non-college men (75 percent). Support peaks at just over one-third of Democrats, non-college women and Baby Boomers. Voters are generally satisfied with the City Council. A majority of voters say that the Council does an excellent or good job (57 percent). Only 7 percent are critical of the Council’s performance. Voters who are familiar with the individual council members have a favorable opinion of them. Voters’ satisfaction with the Council does not translate to extending members’ term limits. Sixty- one (61) percent of voters who approve of the Council’s performance nevertheless oppose extending term limits. Majorities of voters who personally like the Council members oppose extending term limits. There is support for holding an election on extending term limits until voters find out that it will cost $50,000. Voters have no problem holding another election on terms limits. Support for an election, however, should not be interpreted as support for extending term limits. Instead, voters seem to be willing to restate their support for term limits - until they find out how much the election would cost. After hearing that information, 64 percent are less likely to favor holding an election. Voters stand by their decision to impose term limits on the City Council in the first place. Seven-in- ten say it was a good idea (72 percent). Packet Pg. 77 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Political Context Packet Pg. 78 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Slide 4 11% 10% 9% 8% 6% 5% 5% 5% 5% 4% 3% 2% 2% 0% 1% 1% 2% 4% 6% 8% 10% 12% Q.6 And what would you say is the biggest issue that you would like Fort Collins city leaders to address? No Single Issue Dominates Voters’ Concerns Voters issue concerns include economic development, education, transportation, and the city budget. Issue Concerns Packet Pg. 79 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Slide 5 Excel. 4% Good 53% Just Fair 29% Poor 7% Fort Collins City Council Job Performance Most Voters Say That The City Council Does a Good Job Only one-in-ten feel strongly about the Council’s performance. Total Positive 57% Total Not Positive 36% Q.11 How would you rate the job being done by the Fort Collins City Council – excellent, good, just fair, or poor? Packet Pg. 80 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Slide 6 Just Over Half Are Able to Identify The Mayor and Deputy Mayor Most voters cannot identify Council Members Ben Manvel and Aislinn Kottwitz 59% 54% 45% 33% 41% 46% 55% 67% 0% 10% 20% 30% 40% 50% 60% 70% 80% Kelly Ohlson Karen Weitkuant Ben Manvel Aislinn Kottwitz Identify Cannot ID Slide 6 +18 +8 Name ID for City Council Members -10 Q.7 Okay. Now I'm going to read you the names of several people, and I'd like you to rate your feelings toward each one as very favorable, somewhat favorable, somewhat unfavorable, or very unfavorable. If you have no opinion or never heard of that person, please say so. -34 Packet Pg. 81 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Slide 7 Among Those Who Rate Their Council Members, Most Are Favorable Aislinn Kottwitz is less popular than the other Council Members because she is not as well known. 28% 26% 20% 10% 20% 19% 19% 18% 11% 9% 6% 5% 0% 5% 10% 15% 20% 25% 30% Kelly Ohlson Karen Weitkuant Ben Manvel Aislinn Kottwitz Favorable Nuetral Unfav Slide 7 +17 Favorability Ratings Q.7 Okay. Now I'm going to read you the names of several people, and I'd like you to rate your feelings toward each one as very favorable, somewhat favorable, somewhat unfavorable, or very unfavorable. If you have no opinion or never heard of that person, please say so. +17 +14 +4 Packet Pg. 82 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Extending Term Limits Packet Pg. 83 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Two-Thirds of Voters are Against Extending the Term Limit for City Council Members From Two to Three Four-Year Terms Slide 9 For 31% Against 67% Q.14 As you may know, Fort Collins City Council members are limited to serving two four year terms on the Council. An amendment to the city charter may appear on this November's ballot that would ask Fort Collins residents to change the term limit for City Council members from two to three four-year terms. Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? Vote on Extending Term Limits Packet Pg. 84 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Opposition to Extending Term Limits is Strongest Among Republicans, Seniors, and Non-College Men Slide 10 Percent for AGAINST Extending Term Limits Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? 62% 64% 75% 70% 72% 61% 68% 63% 72% 77% 67% 59% 67% Non-College Women College Women Non-College Men College Men Age 65+ Age 50 to 64 Under Age 50 Women Men Republican Independent Democrat All Voters Packet Pg. 85 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Support for Extending Term Limits Peaks at Just Over One-Third of Democrats, Non-College Women and Baby Boomers Slide 11 Percent for FOR Extending Term Limits Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? 37% 33% 21% 28% 27% 36% 30% 35% 26% 20% 31% 39% 31% Non-College Women College Women Non-College Men College Men Age 65+ Age 50 to 64 Under Age 50 Women Men Republican Independent Democrat All Voters Packet Pg. 86 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) 37% 20% 61% 78% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Excellent/Good Just Fair/Poor For Against Voters Who Approve Of The Council’s Performance Are Still Against Extending Term Limits Slide 12 Vote by City Council Job Performance -25 -58 Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? Packet Pg. 87 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) 42% 41% 29% 57% 58% 69% 0% 10% 20% 30% 40% 50% 60% 70% 80% Favorable Towards Manvel Favorable Towards Ohlson Favorable Towards Weitkunat For Against Slide 13 Vote Among Council Members’ Supporters -15 -17 -41 Q.14 …Now, if the election were held today, how would you vote on this amendment to the city charter -- would you vote FOR or AGAINST changing the term limit for City Council members from two to three four year terms? Voters’ Oppose Extending Term Limits Regardless of Their Feelings Towards The Council Members Packet Pg. 88 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Voters Favor Holding an Election on Extending Term Limits Only one-fourth strongly favor holding an election. Slide 14 Q.16 And regardless of how you would vote on amending the city charter to change the term limit for City Council members from two to three four year terms, do you favor or oppose holding an election this year to allow residents to vote on this issue? Hold a Vote on Extending Term Limits Total Favor 60% Total Oppose 27% Strongly Favor 26% Somewhat Favor 34% Strongly Oppose 14% Smwt Oppose 14% Don’t Know 12% Packet Pg. 89 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) 6% 11% 5% Two-Thirds Are Less Likely to Favor Holding an Election When They Find Out It Will Cost The City $50K Slide 15 Q.17 Experts have estimated that putting an amendment to the city charter on this November's ballot will cost the city approximately fifty thousand dollars. Does that make you more or less likely to FAVOR holding an election this year to allow residents to vote on the term limits issue? Vote Will Cost City $50K Total More Likely 18% Total Less Likely 64% Much More Likely Somewhat More Likely Don’t Know Somewhat Less Likely 25% Much Less Likely 39% Makes No Difference 13% Packet Pg. 90 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Voters Stand By Their Decision to Impose Term Limits On the City Council in the First Place Almost three-fourths say it was a good idea to impose term limits in the first place. Slide 16 Good Decision 72% Bad Decision 16% Q.18 Looking back with the benefit of hindsight, do you believe the decision to Impose term limits on Fort Collins City Council members was a good decision or a bad decision in the first place? Decision to Impose Term Limits in the First Place Don’t Know 12% Packet Pg. 91 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) The Electorate Packet Pg. 92 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Party Identification Fort Collins Leans Democratic in Both Party Registration And Party Identification Slide 18 34% 36% 30% 39% 33% 27% Democrat Independents Republican Party Registration Q.19 Generally speaking, do you think of yourself as a Republican, a Democrat or what? Packet Pg. 93 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) 30% 37% 30% Liberal Moderate Conservative Refused Slide 19 Ideology Q.22 Thinking in political terms, would you say that you are Liberal, Moderate, or Conservative? Equal Numbers Identify as Conservatives and Liberals Packet Pg. 94 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) A Majority of November Voters are Under Age 50 Only 16 percent are seniors. Slide 20 16% 23% 17% 25% 16% 3% Under Age 30 Age 30 to 39 Age 40 to 49 Age 50 to 64 Age 65+ No Answer Q.23 In what year were you born? Age Distribution Packet Pg. 95 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) More Than Two-Thirds Are College Graduates Almost one-third of general election voters have post-graduate degrees. Slide 21 29% 38% 32% Non-college Q.24 What is the last year of schooling you have completed? College Graduates Post-Graduates Education Level Packet Pg. 96 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) Fort Collins Association of REALTORS® Term Limits Initiative April 2012 American Strategies Incorporated and Myers Research | Strategic Services, LLC designed and administered this telephone survey conducted by professional interviewers. The survey reached 400 adults, 18 years or older, who indicated they are almost certain or will probably vote in the November 2012 general election. The survey was conducted March 28-April 1, 2012. Telephone numbers were generated by a random selection of both voters with and without phone numbers from the voter file. The data were weighted by age to ensure an accurate reflection of the population. The sample size with these weights applied is 400. The overall margin of error is +/- 4.9 percent. The margin of error for subgroups is larger and varies. Packet Pg. 97 Attachment9.3: Board of Realtors Community Poll 2012 Term Limits (2740 : Charter Amendments) 1 ELECTION-RELATED CHARTER AMENDMENTS Purpose: To discuss possible Charter Amendments for voter consideration at the April 7, 2015 Municipal Election Packet Pg. 98 Attachment9.4: PowerPoint Presentation (2740 : Charter Amendments) 2 BACKGROUND At a Work Session in August, staff presented proposed Charter Amendments for Council’s consideration. After reviewing the suggested changes, Council indicated they would like Charter Amendments related to initiative/referendum, nominating petitions, and recall brought forward. Additionally, Council indicated they would like to discuss term limits. Packet Pg. 99 Attachment9.4: PowerPoint Presentation (2740 : Charter Amendments) 3 CHARTER AMENDMENTS: TERM LIMITS Option # Terms Permitted for Mayor Serving 2 Year Terms Total Years Served Mayor # Terms Permitted for Councilmembers Serving 4 Year Terms Total Years Served Councilmember A* 3 6 2 8 B 4 8 3 12 C No limit No limit No limit No limit *Option A indicates current practice. Packet Pg. 100 Attachment9.4: PowerPoint Presentation (2740 : Charter Amendments) 4 CHARTER AMENDMENTS: INITIATIVE/REFERENDUM 1. Deadline to submit citizen initiatives 2. First signature counted 3. Cure period 4. Petition sufficiency or insufficiency 5. Appointment of alternate Hearing Officer 6. Submission clause to be “Yes/For” or “No/Against” Packet Pg. 101 Attachment9.4: PowerPoint Presentation (2740 : Charter Amendments) 5 CHARTER AMENDMENTS: NOMINATION PETITIONS • Number of signatures collected on a nomination petition is self-evident • Candidates have found this requirement confusing • Subject of 2013 election complaint • No clear history of why this was put into the Charter Packet Pg. 102 Attachment9.4: PowerPoint Presentation (2740 : Charter Amendments) 6 CHARTER AMENDMENTS: RECALL • Not required to vote on question of recall to vote for a successor candidate Packet Pg. 103 Attachment9.4: PowerPoint Presentation (2740 : Charter Amendments) - 1 - ORDINANCE NO. 003, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE II, SECTION 1(d) OF THE CITY CHARTER PERTAINING TO THE TERMS OF OFFICE OF THE MAYOR AND CITY COUNCILMEMBERS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article II, Section 1(d) of the Charter states that the term of office of the Mayor shall be two (2) years and is silent on the question of the number of consecutive terms the Mayor may serve; and WHEREAS, Article II, Section 1(d) of the Charter states that the term of office of all other members of the Council shall be four (4) years each and is silent on the question of the number of consecutive terms that a City Council member may serve; and WHEREAS, Article XVIII, Section 11 of the Colorado Constitution states the maximum number of consecutive two-year terms is three consecutive terms for an elected city government official who is serving a term of office two years or shorter in duration; and WHEREAS, Article XVIII, Section 11 of the Colorado Constitution states the maximum number of consecutive terms is two consecutive terms for an elected city government official who is serving a term of office more than two years in duration; and WHEREAS, this constitutional provision also authorizes the voters of the City to lengthen, shorten or eliminate such terms limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article II, Section 1(d) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: OPTION A—(consistent with State Constitution) Section 1. Membership; terms. … Packet Pg. 104 - 2 - (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years and the Mayor shall serve no more than three (3) consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and such members shall serve no more than two (2) consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that the Mayor shall serve no more than three (3) consecutive terms and the members of the Council shall serve no more than two (2) consecutive terms and to state that the word “term” includes the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months? ______Yes ______No OPTION B—(similar to Larimer County regarding members) Section 1. Membership; terms. … (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years and the Mayor shall serve no more than four (4) consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and such members shall serve no more than three (3) consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. For the purposes of this provision, a “term” shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. The terms of the Mayor and other members of the Council shall begin when they take the oath Packet Pg. 105 - 3 - of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that the Mayor shall serve no more than four (4) consecutive terms and the members of the Council shall serve no more than three (3) consecutive terms and to state that the word “term” includes the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months? ______Yes ______No OPTION C—(no term limits) Section 1. Membership; terms. … (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years and there shall be no limit on the number of consecutive terms, and the term of office of all other members of the Council shall be four (4) years each and there shall be no limit on the number of consecutive terms; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article II, Section 1(d) of the Fort Collins City Charter be amended to state that there shall be no limit on the number of consecutive terms the Mayor or members of the City Council may serve? Packet Pg. 106 - 4 - ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 107 - 1 - ORDINANCE NO. 004, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE X OF THE CITY CHARTER PERTAINING TO INITIATIVE AND REFERENDUM WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article X of the Charter establishes an initiative and referendum process and the City Council has determined that amendment to those provisions is necessary in order to clarify and update such provisions; and WHEREAS, Article X, Section 1 (d) of the Charter states that an initiative petition must be filed at least 60 days before a regular city election; and WHEREAS, the City Council desires to amend the Charter to state that an initiative petition must be filed at least 90 days before a regular city election; and WHEREAS, Article X, Section 5(b)(3) of the Charter states that in the event the signature of any person appears more than once on a petition, all such signatures shall be subject to invalidation; and WHEREAS, the City Council desires to amend the Charter to state that the first signature of an registered elector who signs a petition more than once shall be considered valid and all other signatures of that person shall be rejected; and WHEREAS, Article X, Section 5(f)(2) states that an insufficient petition may be amended if deemed insufficient; and WHEREAS, the City Council desires to amend this provision to clarify that circulators may gather signatures until the end of the “cure” period; and WHEREAS, Article X, Section 5(f)(3) states that registered electors may protest the sufficiency of a petition; and WHEREAS, the City Council desires to amend the Charter in order to clarify that registered electors may protest a determination by the City Clerk either that a petition is sufficient or insufficient; and Packet Pg. 108 - 2 - WHEREAS, Article X, Section 5(f)(3) states that all protest hearings regarding a determination of the City Clerk that a petition is sufficient must be held before the City Clerk; and WHEREAS, the City Council desires to amend the Charter to allow such hearings to take place before the City Clerk or designee appointed by the City Manager; and WHEREAS, Article X, Section 6(b) states that the official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, “Yes” and “No” in response to a ballot question, or “For the Ordinance” and “Against the Ordinance” or “For the Resolution” and “Against the Resolution” in response to a ballot question; and WHEREAS, the City Council desires to amend the Charter to state that the official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, “Yes/For” and “No/Against” in response to a ballot question. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article X of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: Section 1. The initiative. … (d) Petition deadlines. The initiative petition shall be filed no more than sixty (60) days after the City Clerk's approval of the form for circulation. Unless a special election is requested, the petition must also be filed at least sixty (60) ninety (90) days prior to the next regular city election. If the petition requests a special election in conjunction with a Larimer County Coordinated or General Election, the City Clerk shall establish a submittal deadline for the petition that will enable the measure to be considered at such election, which deadline shall be consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct of such elections, and, if applicable, with Article X, Section 20 of the Colorado Constitution, and shall advise the petition representatives in writing as to the submittal deadline. . . . Section 5. Petitions. . . . Packet Pg. 109 - 3 - (b) Form and content. . . . (3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. No person shall knowingly sign an initiative or referendum petition more than once. In the event that the signature of any person appears more than once on a petition authorized under this Article, all such signatures shall be subject to invalidation by the City Clerk the first signature verified shall be counted and all other signatures of that person shall be rejected. . . . (f) Sufficiency of petition. . . . (2) Insufficient petition; amendment. (i) In case If an initiative petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings, it may be withdrawn and amended by the submission of additional signatures collected after the City Clerk approved the form of the petition and within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. Such signatures must be collected consistent with the requirements for collecting petition signatures as described in this Article. Within five (5) working days after such amendment, the City Clerk shall make examination of the amended petition and certify the result. If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the petition shall be null and void without prejudice to the filing of a new petition for the same purpose. (ii) A If a referendum petition is deemed insufficient, it may be withdrawn and amended by the submission of additional signatures collected consistent with the requirements of this Article, but to be considered, must be refiled amended within the twenty-day circulation period after the City Clerk's approval of the petition form for circulation. Within five (5) days after such amendment, the City Clerk shall make like examination of the amended petition and certify the result. If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the City Clerk shall return the petition to one (1) of the designated petition representatives. In the Packet Pg. 110 - 4 - case of an initiative petition, the return of the petition is without prejudice to the filing of a new petition for the same purpose. However, a returned said referendum petition is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. (3) Protests. Registered electors desiring to protest the sufficiency of a petition a determination by the City Clerk that a petition is either sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. Upon the filing of a protest, the City Clerk shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be before the City Clerk a hearing officer appointed by the City Manager who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk Said hearing officer shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. The City Clerk shall make any final determination regarding the sufficiency or insufficiency of a petition and shall base such determination on the protest hearing results certified by the hearing officer. A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further. . . . Section 6. Elections. … (b) Ballots… The official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, “Yes” and “No” in response to a ballot question, or “For the Ordinance” and “Against the Ordinance” or “For the Resolution” and “Against the Resolution” “Yes/For” and “No/Against” in response to each measure. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: Packet Pg. 111 - 5 - CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall various sections of Article X of the Charter of the City of Fort Collins, pertaining to initiative and referendum, be amended to clarify certain procedural requirements as follows: increase from sixty to ninety days the amount of time an initiative petition must be filed with the City Clerk before a regular City election; provide that if a voter signs a petition more than once, the first signature shall be counted and all subsequent signatures rejected; to clarify that signatures may be added to a petition during the designated cure period; to clarify that a registered elector may protest the sufficiency or insufficiency of a petition; to provide for the City Manager to appoint a hearing officer other than the City Clerk to conduct the hearing in the event of a protest; and to change the wording of a submission clause to “Yes/For” and “No/Against” in response to each measure? ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 112 - 6 - Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 113 - 1 - ORDINANCE NO. 005, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO ARTICLE VIII, SECTION 4(b) OF THE CITY CHARTER PERTAINING TO THE SUFFICIENCY OF A NOMINATING PETITION WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VIII, Section 4(b) of the Charter states that if a petition is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded; and WHEREAS, the City Council desires to amend the Charter to eliminate such provision from the Charter so that a circulator is not required to certify the number of signatures on the petition because the number of signatures on the petition is self-evident. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article VIII, Section 4(b) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: Section 4. Petitions. … (b) Sufficiency of petition. The City Clerk shall make a record of the exact date and time at which each nominating petition is filed and shall record the names and mailing addresses of the circulators and the candidate. Upon receipt of a nominating petition, tThe City Clerk shall forthwith examine all the petitions submitted, and within five (5) days after the filing of a the nominating petition, notify the candidate in writing and the circulators, with a statement certifying of the results of the examination, specifying the particulars of insufficiency, if any. If a petition is found to be signed by fewer persons than the number certified by the circulator, the signatures shall be accepted unless void on other grounds. If a petition is found to be signed by fewer persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. Within the regular time for filing petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time of the first Packet Pg. 114 - 2 - filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by the City Clerk until the expiration of the terms of office for such person. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article VIII, Section 4(b) of the Fort Collins City Charter be amended to eliminate provisions from the Charter providing that a circulator is required to certify the number of signatures on a petition nominating a candidate for City Council and that the last signatures in excess of the number certified shall be disregarded and to simplify the process for the City Clerk’s examination of a nominating petition? ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 115 - 3 - Passed and adopted on final reading on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 116 - 1 - ORDINANCE NO. 006, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE IX, SECTION 3(c) OF THE CITY CHARTER PERTAINING TO RECALL ELECTIONS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article IX, Section 3(c) of the Charter states that certain language shall be effective in counting recall votes and shall appear on a recall ballot to the effect that no vote cast shall be counted for any candidate for such office unless the voter also voted for or against the recall of the person sought to be recalled from the office; and WHEREAS, in a recent Colorado Supreme Court decision, the court ruled that provisions similar to such Charter language conflict with the First and Fourteenth Amendments to the United States Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed change to Article IX, Section 3(c) of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015: Section 3. Elections. … (c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the statement of grounds and, if requested by the affected officer, the officer's statement in defense followed by the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of (__________)?" Following such question shall appear the words, "Yes" indicating a vote in favor of the recall and "No" indicating a vote against such recall. On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. The following instruction shall be effective in counting votes and shall appear on the ballot: No vote cast shall be counted for any candidate for such office, unless the voter also voted for or against the recall of the person sought to be recalled from the office. Packet Pg. 117 - 2 - Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. ___ to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ Shall Article IX, Section 3(c) of the Fort Collins City Charter, pertaining to votes cast in the event of a recall, be amended to eliminate the requirement that no vote cast for a candidate to replace a recalled City Councilmember shall be counted unless the voter also voted for or against the recall of the person sought to be recalled from the office (which amendment is made necessary by a recent decision of the Colorado Supreme Court that prohibits such a requirement)? ______Yes ______No Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 118 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Items Relating to the Fort Collins-Loveland Municipal Airport. EXECUTIVE SUMMARY A. Resolution 2015-002 Approving the Fort Collins-Loveland Airport Strategic Plan. B. Resolution 2015-003 Authorizing the Mayor to Execute an Amended and Restated Intergovernmental Agreement Between the City and the City of Loveland Regarding the Operation of the Fort Collins- Loveland Airport. The purpose of this item is to adopt the Airport Strategic Plan and approve the Amended and Restated Intergovernmental Agreement between the City of Fort Collins and the City of Loveland. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BACKGROUND / DISCUSSION Strategic Plan The Airport Strategic Plan is the product of a joint planning effort that involved regional business leaders, active Airport users and stakeholders, elected officials, and staff from the two Cities. The Airport Strategic Plan identifies action items that will help the Airport achieve a reimagined vision. The loss of the Airport’s commercial air carrier focused attention on the Airport’s economic development opportunities and potential. The resulting strategy will guide Airport decisions for the next five to seven years and builds upon the Airport’s existing Master Plan and Business Plan. The critical items that were identified are: Protect against residential encroachment near the Airport Create a sustainable business model with potential revenue streams and financing for the Airport Encourage immediate private investment Revise the Airport governance structure and authority for the governing board Rebrand the Airport and more productively engage the public. Intergovernmental Agreement Since 1963, the City of Fort Collins and the City of Loveland have jointly owned and operated the Fort Collins/Loveland Municipal Airport. Since this time the Cities have tried a range of governance structures, including an Airport Board, Ad Hoc Committee, Airport Authority, and Joint Steering Committee. The 1994 Intergovernmental Agreement set up an Airport Steering Committee, composed of the Mayors and City Managers from each City, an Airport Liaison from each City and the Airport Manager. Packet Pg. 119 Agenda Item 10 Item # 10 Page 2 The proposed governance structure will replace the existing Airport Steering Committee with an Airport Commission. The Commission will be created by intergovernmental agreement between the two owners of the Airport, the Cities of Fort Collins and Loveland. The structure and scope of the proposed Commission would be similar in many ways to the Poudre Fire Authority and Loveland Fire Rescue Authority. The Commission will be vested with more powers than the current Steering Committee, lessening the need for considerations of individual decisions by the two separate City Councils. The Commission’s board structure will be more inclusive than the existing Steering Committee structure, with its membership determined by the two owner City Councils. Please note: in the 1980s, the Airport was governed for some years by an Airport Authority, created pursuant to State law. The proposed Airport Commission is not an Airport Authority pursuant to State law. Key features of the Commission: The Commission will be composed of seven (7) members, as follows: (2) Two members appointed by the Loveland City Council which members shall be Council members or employees (2) Two members appointed by the Fort Collins City Council which members shall be Councilmembers or employees One “Citizen Member” appointed by the Fort Collins City Council One “Citizen Member” appointed by the Loveland City Council One “Joint Citizen Member” appointed by agreement of the City Councils of Loveland and Fort Collins. A “Citizen Member” is defined as an individual residing within the Growth Management Area (“GMA”) of the City of the appointing City Council, or owning or leasing real property or operating a business within the Airport area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee or City Councilmember of the Cities. The “Joint Citizen Member” is defined as an individual residing within the GMA of the either of the Cities, or owning or leasing real property or operating a business within the Airport area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee or City Councilmember of the Cities. Citizen Members shall serve a term of four years at the pleasure of the appointing City Council, subject to removal at any time without cause. The Joint Citizen Member shall serve a term of four years, subject to removal at any time without cause upon the mutual agreement of the City Councils. City Council members and employees of the Cities appointed as members of the Commission shall have no fixed term, but shall be subject to reappointment or removal at the pleasure of the appointing City Council. Appointments to fill vacancies by Citizen Members or the Joint Citizen Member shall be made for the remainder of the term and shall be filled by the appointing City Council, or, in the case of the Joint Citizen Member, by the mutual agreement of the City Councils. The Commission will meet monthly to direct the affairs of the Airport. Level of Authority Granted to the Commission The Commission shall have power to: Enter into Airport agreements, including Airport property leases and contracts for goods and services, provided that such agreements are in a form generally approved by the Cities Authorization of Airport activities Adoption or revise Airport rules and regulations, including minimum standards Development of budgets and proposed capital projects Establish Airport rates, fees and charges on an annual basis Establish Airport service levels Develop an Airport operating plan, including security and emergency plans; and Direct the Airport Manager in the provision of Airport services, including the establishment of goals and objectives for each year and annual evaluations of the Airport Manager’s performance in relation thereto on order to make recommendation to the Loveland City Manager regarding employment matters involving the Airport Manager. Neither City shall be required to name a staff liaison to the Packet Pg. 120 Agenda Item 10 Item # 10 Page 3 Airport Authority. Airport operations shall be governed by the IGA. Powers Retained by City Councils City Councils retain the powers not specifically delegated to the Airport Commission by the IGA. Of particular note: the owner City Councils retain approval of the annual contributions to the Airport Budget, approval of the Airport Master Plan, participation in federal and state grant agreements, purchases and sales of real property or structures, and construction of capital projects. Key Benefits The two primary benefits expected are: Increased participation and involvement of interested parties and stakeholders. Private sector participants through the strategic planning process have consistently indicated that a renewed governance structure is critical to investor confidence in working with the Airport. Streamlined decision-making and administration: the vesting of more authority in the Commission will facilitate decision-making, as well as routine administrative tasks. It is expected that the Airport would be able to be more nimble and responsive in dealing with various matters. FINANCIAL / ECONOMIC IMPACTS Adoption of the Strategic Plan will not have a direct financial impact, although it is anticipated that the achievement of action items will have a positive financial impact. Approval of the Amended and Restated Intergovernmental Agreement will not have a direct financial impact. BOARD / COMMISSION RECOMMENDATION On October 29, 2014, the Airport Steering Committee voted unanimously to recommend approval of the Airport Strategic Plan (Attachment 1) PUBLIC OUTREACH Development of the strategic plan is a product of a joint planning effort conducted by the Cities of Fort Collins and Loveland with participation from regional business leaders, active Airport users, stakeholders, and elected officials. The Airport Strategic Plan revision has been presented at two joint City Council meetings held on April 29, 2014 and November 3, 2014. The Airport Steering Committee held public meetings to discuss the Airport Strategic Plan on the following dates: o May 22, 2014 o October 9, 2014 special meeting o October 29, 2014 special meeting A public informational meeting was held at the Airport on October 16th with a presentation on the draft Airport Strategic Plan ATTACHMENTS 1. Airport Steering Committee minutes, October 29, 2014 (PDF) 2. Powerpoint presentation (PDF) Packet Pg. 121 Airport Steering Committee Minutes October 29, 2014 Call to Order: Mayor Gutierrez called the meeting of the Airport Steering Committee to order on the above date at 4:32 p.m. Steering Committee Members in Attendance: Mayor Cecil Gutierrez, Mayor Karen Weitkunat, Loveland City Manager Bill Cahill, Fort Collins City Manager Darin Atteberry Approval of Minutes Motion: Mr. Cahill made the motion, Mr. Atteberry seconded and all approved. Citizen Comments: Mr. Howard Abraham appreciates the staff and the joint effort on the crack sealing. Item 1: Airport Strategic Plan- Jason Licon Summary: The Airport area represents a development zone that has great potential for future development. As a result of Allegiant Airlines discontinuing their service at the Airport the Cities have now focused attention on unlocking the economic development potential found within the Airport area. This focus has led the Cities of Loveland and Fort Collins to direct staff to deliberately and specifically prioritize this area in the two Cities’ economic development plans and create a strategic process with private sector participation, which has brought forth new ideas for consideration. The Airport Strategic Plan is the product of this joint planning effort that involved regional business leaders, active airport users, elected officials, and staff from the two Cities. The plan identifies key recommended strategies and tactics that will help the Airport achieve the reorganized vision. The Strategy has been approved by the private sector participants and has been also opened up to airport organizations and businesses for input. The attached document is the final draft of the Airport Strategic Plan. Discussion: The committee discussed the results of the public open house held on October 16th. Changes needed to the plan were identified. There is private development interest in the airport right now, timing is critical to capture that. Direction: Mr. Cahill motioned to make a positive recommendation for adoption to both City Councils. Mr. Atteberry second and all approved. Adjournment: The meeting was adjourned at 5:13 p.m. ATTACHMENT 1 Packet Pg. 122 Attachment10.1: Airport Steering Committee minutes, October 29, 2014 (2745 : Airport Strategic Plan and IGA) Fort Collins City Council Meeting January 6, 2015 ATTACHMENT 2 Packet Pg. 123 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Strategic Plan Goals • Create an environment that will augment the ability for the airport to attract investment into the Airport • Enhance financial sustainability • Reduce reliance upon the Cities, State, and Federal funding sources • Preserve Airport investment and functionality • Limit negative social impacts and increase positive impacts • Actively limiting non-compatible land use near the Airport will result in a reduction of negative social impact • Enhanced accessibility through the pursuit of scheduled air service will enhance positive social impact Packet Pg. 124 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Strategic Plan Development • Created through a public involvement program where Airport stakeholders, Elected Officials, and City Staff collaborated on an updated Airport Vision and Strategy • A three month City Staff led stakeholder working group met in Aug – October 2013. The group engaged into a stakeholder resource strategic planning session spanning through April 2014 • Five public meetings held including Two Joint City Council Meetings • Development of five Strategic Priorities to achieve the Airport vision • Timeframe for the strategic plan is estimated between 5 – 7 years Packet Pg. 125 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Strategic Plan Updated Airport Vision Highlights • Airport is Northern Colorado’s regional airport supporting general aviation, regional air carrier services, and business opportunities for aviation and that of compatible use • The Airport is the first impression to area visitors and should reflect the regional values and vision of the communities it serves • The Airport is part of an active multi-modal transportation system that has excellent facilities and infrastructure including general and commercial aviation services that will be supportive to the region’s transportation needs. Packet Pg. 126 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Strategic Plan Action Items (not prioritized) • Protect against residential encroachment on the airport • Create a sustainable business model with potential revenue streams and financing for FNL • Encourage immediate private investment • Revise the Airport governance structure and authority for the governing board • Chosen as the first step as most action items are directly linked to this • Rebrand the Airport and more productively engage the public Packet Pg. 127 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Governance Goals • Streamline decision making and administration • Reduce cost and time spent on duplication of efforts • Promote participation and involvement from interested parties and Airport stakeholders • Ability for involvement will enhance and motivate Proposed changes • Creation of a seven member Airport Commission • Two members appointed by the Loveland City Council which members shall be Council members or employees • Two members appointed by the Fort Collins City Council which members shall be Council members or employees • One “Citizen Member” appointed by the Fort Collins City Council • One “Citizen Member” appointed by the Loveland City Council • One “Joint Citizen Member” appointed by agreement of the City Councils of Loveland and Fort Collins Packet Pg. 128 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Governance The Commission shall have the power to: • Enter into Airport agreements, including Airport property leases and contracts for goods and services, provided that such agreements are in a form generally approved by the Cities • Authorization of Airport activities • Adoption or revise Airport rules and regulations, including minimum standards • Development of budgets and proposed capital projects • Establish Airport rates, fees and charges on an annual basis • Establish Airport service levels • Develop an Airport operating plan, including security and emergency plans • Direct the Airport Manager in the provision of Airport services, including the establishment of goals and objectives for each year and annual evaluations of performance Packet Pg. 129 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) Airport Governance Powers retained by the City Councils: • Approve the Airport Master Plan • Approve the annual contributions to the Airport budget • Participate in Federal and State Grant agreements • Purchases and sales of real property or structures • Construction of capital projects Packet Pg. 130 Attachment10.2: Powerpoint presentation (2745 : Airport Strategic Plan and IGA) - 1 - RESOLUTION 2015-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FORT COLLINS-LOVELAND AIRPORT STRATEGIC PLAN WHEREAS, the cities of Fort Collins and Loveland (jointly, the “Cities”) jointly own and operate the Fort Collins-Loveland Municipal Airport (the “Airport”); and WHEREAS, the Cities desire to create a unified vision regarding economic development of the Airport that includes the private sector; and WHEREAS, regional business leaders, active Airport users, elected officials and staff from both Cities have worked together to create a strategic plan to develop the Airport’s economic potential; and WHEREAS, as a result of such efforts, the Cities have established the Fort Collins- Loveland Strategic Plan attached hereto as Exhibit “A” and incorporated herein by reference (the “Strategic Plan”); and WHEREAS, the City Council believes that adoption of the Strategic Plan is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Strategic Plan is hereby approved. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of January, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 131 ACTION ITEMS STRATEGIC PLAN FIVE STRATEGIES FORT COLLINS AND LOVELAND CITY COUNCIL MEMBERS TACTICS Protect against residential encroachment on the airport. Residential encroachment is a significant problem for airports around the nation. Fort Collins-Loveland Airport has had limited encroachment problems but must guard against this threat to the Airport’s long term future. SITUATION Moving forward AIRPORT AREA WORKING GROUP The recent loss of the Airport’s only commercial air carrier has focused attention on the Airport Area’s economic development opportunities. The Airport Area has tremendous potential for future development. The Cities of Loveland and Fort Collins have deliberately and specifically prioritized this area in the two Cities’ economic development plans and created a strategic process with private sector participation, which has brought forth new ideas for consideration. This resulting strategy will guide airport decisions for the next five to seven years and builds upon the Airport’s existing Master Plan and Business Plan. Provide a safe and efficient air transportation airport facility to the general public and aviation community by providing airport facilities that meet Federal Aviation Administration (FAA) safety standards and to implement a plan that ensures the efficient development of the airport to meet the needs of the Fort Collins and Loveland communities. Create a sustainable business model with potential revenue streams and financing for FNL. The loss of commercial service has deprived the Airport of a major revenue stream. The Airport needs an updated business model which will create and rely upon diverse revenue streams. Encourage immediate private investment. Private investment capital is needed for future airport development due to limited public funding availability. A clearer process is needed to attract high quality investment. Revise the Airport governance structure and authority for the governing board. Current Airport governance structure needs to become more nimble and responsive. In addition, the governance structure should enlist greater participation and stakeholder involvement. Rebrand the Airport and more productively engage the public. Greater public engagement and understanding AIRPORT AREA ECONOMIC DEVELOPMENT AND LAND USE CONCEPTUAL STRATEGY MAPS AIRPORT AREA DEVELOPMENT PROPERTY AVAILABLE FOR DEVELOPMENT ON AIRPORT Through the utilization of existing planning information, and the recommendation and input of the Airport Area Working Group, an airport area development map was created. This was done in order to identify where potential development opportunities may exist and be placed in a manner consistent with existing developed areas and transportation resources. ON AIRPORT AREA DEVELOPMENT The map identifies locations within the Airport boundaries for development opportunities. One of the Airport’s primary assets is undeveloped land. It is because of this resource it is critical to ensure that it is developed in a way that is consistent with existing and future demand. COMPATIBLE LAND USE The Airport area has experienced a high level of development over the past few years. The area now represents a diverse mix of land use. In order to maintain a healthy and high functioning transportation center, it will require adjacent area developments to be compatible with Airport activities. Packet Pg. - 1 - RESOLUTION 2015-003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE CITY OF LOVELAND REGARDING THE OPERATION OF THE FORT COLLINS-LOVELAND AIRPORT WHEREAS, in 1963, the City of Fort Collins and City of Loveland (jointly, the “Cities”) agreed to the establishment of a regional general aviation facility and become the owners and operators of the Fort Collins-Loveland Municipal Airport (the “Airport”); and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated May 16, 2000, as amended by that certain first Amendment to the Administrative Guidelines (Exhibit A) of the Intergovernmental Agreement Concerning the Joint Operation of the Fort Collins-Loveland Municipal Airport dated November 10, 2003, and that certain Second Amendment to the Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport dated May 15, 2007 (collectively referred to as the “Operating Agreement”); and WHEREAS, the Cities have approved a strategic plan for the operation of the Airport which includes protecting the Airport against residential encroachment, creating a sustainable business model for the Airport, encouraging immediate private investment in the Airport, revising the Airport governance structure and authority for the governing board, and rebranding the Airport and more productively engaging the public in Airport operation issues; and WHEREAS, as a part of the action items of the Strategic Plan, the Council has also determined that the proposed amended governance structure is in the best interests of the City and the Airport and that an amended and restated intergovernmental agreement between the cities of Fort Collins and Loveland should be entered into to reflect the cities’ desire to change the governance structure of the Airport and to delegate certain Airport duties and responsibilities in order to provide more effective and efficient Airport management and operations; and WHEREAS, the City Council has further determined that the Airport governance structure should be in the nature of a “commission” that pursues the development of the Airport as a regional airport in northern Colorado and that the commission should be named the “Northern Colorado Regional Airport Commission” in order to reflect the regional nature of the Airport’s character; and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16 of the City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of the Cities; and WHEREAS, the City Council has received a favorable recommendation for the proposed new governance structure from the Airport Steering Committee and from Airport staff and has Packet Pg. 134 - 2 - determined that the Amended and Restated Intergovernmental Agreement for the Fort Collins- Loveland Municipal Airport is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport amending the governance structure for the Airport, attached hereto as Exhibit “A” and incorporated herein by this reference, is approved, and the Mayor is authorized to execute said Amended and Restated Intergovernmental Agreement together with such changes to the form of said agreement as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City provided that such changes are materially consistent with the terms and conditions of this Resolution and the intended purpose of said agreement. The Amended and Restated Intergovernmental Agreement shall supersede and fully replace the Operating Agreement. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of January, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 135 1 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT THIS AGREEMENT is made and entered into this _____ day of , 2015, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter collectively referred to as "Cities." W I T N E S S E T H : WHEREAS, in 1963, the Cities agreed to the establishment of a regional general aviation facility and became the owners and operators of the Fort Collins-Loveland Municipal Airport ("Airport") more specifically described as follows: Barnstorm First Addition to the City of Loveland, being a portion of Sections 20, 21, 28, 29 and 33, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado. Barnstorm Second Addition to the City of Loveland, being a portion of Section 28 and Section 33, Township 6 North, Range 68 West of the 6th P.M. and a portion of Section 3 and Section 4, Township 5 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado; and WHEREAS, the Cities have heretofore entered into agreements addressing the ownership, operation and maintenance of the Airport dated July 3, 1979; September 1, 1981 (amended by Addendum dated December 19, 1989); January 9, 1991; December 21, 1993; June 18, 1996, and May 16, 2000 (amended by the First Amendment to the Administrative Guidelines (Exhibit A) of the Intergovernmental Agreement Concerning the Joint Operation of the Fort Collins-Loveland Municipal Airport dated November 10, 2003, and the Second Amendment to the Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated May 15, 2007); and WHEREAS, the Councils of the Cities have determined that the operation and maintenance of the Airport should be continued as a joint venture between the Cities; and WHEREAS, the Councils of the Cities have further determined that this amendment and restatement is necessary to reflect their desire to change the governance structure of the Airport and to delegate certain Airport duties and responsibilities in order to provide more effective and efficient Airport management and operation; and WHEREAS, the Councils of the Cities desire that the Airport governance structure be in the nature of a “commission” that pursues the development of the Fort Collins-Loveland Airport as a regional airport in Northern Colorado and that the commission should be named the “Northern Colorado Regional Airport Commission” to reflect the regional nature of the Airport’s character; and EXHIBIT A Packet Pg. 136 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 2 WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of the Cities if such contracts are approved by the Councils of the Cities; and WHEREAS, the purpose of this Agreement is to set forth fully the purposes, powers, rights, obligations and the responsibilities, financial and otherwise, of the contracting Cities. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Joint Airport Operation. The operation and maintenance of the Airport is a joint venture between the City of Fort Collins and the City of Loveland, with full management and policy-making authority vested equally in both Cities. “Policy issues” shall include, but shall not be limited to, the adoption of the master Airport plan, participation in federal and state grant agreements, purchases and sales of real property or structures, construction of capital projects, and approval of the annual contributions to the Airport budget, all of which shall require the approval of the City Councils. 2. Facility Management and Commission Appointments. A. Subject to the Policy Issues reserved to the City Councils set forth in Section 1 or as otherwise provided herein, Management authority over Airport operation and commercial, industrial or other operations and activities of any kind located on the Airport is vested in the Northern Colorado Regional Airport Commission (the “Commission”). The Commission shall elect a chairperson and vice chairperson from its members. Said officers shall perform the duties customary for said offices including: (i) the chairperson shall sign all contracts on behalf of the Commission, except contracts that may be signed by the Airport Manager as authorized by the Commission and shall perform such other duties as may be imposed by the Commission; and (ii) the vice chairperson shall perform all of the chairperson’s duties in the absence of the chairperson. B. The Commission shall be comprised of seven members as follows: (a) two members shall be appointed by the Loveland City Council which members shall be City of Loveland council members or employees; (b) two members shall be appointed by the Fort Collins City Council which members shall be City of Fort Collins council members or employees; (c) one Citizen Member (defined below) shall be appointed by the Loveland City Council; (d) one Citizen Member (defined below) shall be appointed by the Fort Collins City Council, and (e) one Joint Citizen Member (defined below) shall be appointed by the City Councils upon mutual agreement. A “Citizen Member” is defined as an individual residing within the Growth Management Area (“GMA”) of the City of the appointing City Council, or owning or leasing real property or operating a business within the Airport area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee or city council member of the Cities. The Packet Pg. 137 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 3 “Joint Citizen Member” is defined as an individual residing within the GMA of the either of the Cities, or owning or leasing real property or operating a business within the Airport area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee or city council member of the Cities. Citizen Members shall serve a term of four years at the pleasure of the appointing City Council, subject to removal at any time without cause. The Joint Citizen Member shall serve a term of four years, subject to removal at any time without cause upon the mutual agreement of the City Councils. City Council members and employees of the Cities appointed as members of the Commission shall have no fixed term, but shall be subject to reappointment or removal at the pleasure of the appointing City Council. Appointments to fill vacancies by Citizen Members or the Joint Citizen Member shall be made for the remainder of the term and shall be filled by the appointing City Council, or, in the case of the Joint Citizen Member, by the mutual agreement of the City Councils. 3. Bylaws. The Commission shall adopt By-laws governing the responsibilities and duties of the Commission consistent with the terms and conditions of this Agreement. The By- laws and any amendments thereto shall be approved the City Councils before going into effect. 4. Commission Powers and Scope of Authority. The Cities do hereby delegate to the Commission the following powers and authority subject to any Airport plans or policies jointly adopted by the City Council, applicable federal and state law, the Cities’ charters, ordinances and regulations, as they exist or as amended, the terms and conditions of Federal Aviation Administration (“FAA”) or other grant agreements, including without limitation any grant assurances set forth therein, and any other limitations set forth herein: A. Enter into Airport agreements, including Airport property leases and contracts for goods and services, provided that such agreements are in a form generally approved by the Cities; B. Authorize Airport activities; C. Adopt or revise Airport rules and regulations, including minimum standards; D. Develop budgets and propose capital projects; E. Establish Airport rates, fees and charges on an annual basis; F. Establish Airport service levels; G. Develop an Airport operating plan, including security and emergency plans; and H. Direct the Airport Manager in the provision of Airport services, including the establishment of goals and objectives for each year and annual evaluations of the Airport Manager’s performance in relation thereto on order to make recommendation to the Loveland City Manager regarding employment matters involving the Airport Manager. 5. Provision of Administrative Services. It is agreed that the Cities shall provide Administrative Services to the Airport Operations. A. Such services shall include but shall not be limited to personnel, salary and benefits administration, legal services, accounting, budget preparation assistance, Packet Pg. 138 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 4 engineering, risk management, purchasing and other similar administrative services; B. The City providing such services shall be entitled to recover, out of funds budgeted and appropriated for the Airport, its reasonable expenses incurred. The administrative charge shall be calculated in the same manner as charges made by the providing City to its own governmental enterprise funds; C. The City Managers shall maintain Administrative Guidelines which specify the duties and responsibilities of each City and any method or methods by which one City may enter into purchasing, consulting and other contracts pertaining to the Airport on behalf of both Cities. The Administrative Guidelines shall also specify, within the limits as set forth in subparagraph B above, the expenses which each City shall be entitled to recover for specific services provided. The Administrative Guidelines which have heretofore been developed are attached hereto as Exhibit "A" and incorporated herein by this reference. Modifications may be made to said Administrative Guidelines by mutual agreement of the City Managers in order to effect more efficient administration of the Airport. 6. Airport Manager, Appointment and Duties. The City Manager of the City of Loveland shall appoint an Airport Manager subject to the regulations and policies of the City of Loveland, after consultation with the City Manager of the City of Fort Collins and the Commission. The Airport Manager shall: A. Subject to the direction of the Commission, manage the operations of the Airport in a safe and efficient manner and maintain the grounds, structures and equipment in a clean, orderly, safe and operational condition in conformity with all applicable federal, state and local laws, rules and regulations and other legal requirements; B. Manage such operations in a manner which is compatible with the interests of the Cities, Commission and users of the Airport; C. Perform all duties normally associated with sound, safe, innovative, prudent and efficient Airport management and provide all services as are customary and usual to such an operation, including, but not limited to, the following: i. Maintenance and Repair Services. Maintain and repair (structurally and otherwise) in a good and skillful manner, and enforce the obligations of any tenant to maintain and repair in such manner: a. all runways, ramps and taxiways, runway and taxiway lights, markings and striping, navigation aides not maintained by the FAA; Packet Pg. 139 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 5 b. vehicles, equipment, machinery and tools used in the operation, maintenance or repair of the Airport; c. Airport grounds including, without limitation, perimeter fences, parking lots, grass cutting and removing or topping trees and shrubs where and when necessary; and d. all Airport buildings and structures, including, without limitation, plumbing, electrical, sprinkler, heating and air conditioning systems, apparatus and equipment. ii. Aviation Support Functions. In a manner consistent with sound Airport operating and safety practices, perform or cause to be performed: a. operation of the fuel farm with due regard for the operational requirements of the suppliers of petroleum products at the Airport; b. operation of the ramp area adjacent to the terminal for the benefit of users thereof; c. expeditious removal of snow and ice from all runways, taxiways, ramps, parking lots and access roads; d. periodic visual checks to locate and remove all foreign objects from all runways, taxiways, ramps and aircraft parking areas. iii. Negotiations with Third Parties. a. In connection with the solicitation of proposals and negotiation of such leases, concessions and other agreements as may be necessary or desirable for the proper operation of the Airport in accordance with federal, state and local laws, rules and regulations and any grant agreements or related assurances, the Airport Manager shall prepare specific programs and courses of action and shall, at the direction of the Commission and on behalf of the Cities, implement such programs and courses of action in conformity with the same. b. Administer and monitor all agreements with Airport concessionaires, tenants and construction contractors, see full and complete compliance with the terms and conditions contained in such agreements, and endeavor to see that such agreements are carried out in a manner which is consistent with the proper operation of the Airport, provide coordination to avoid or minimize disruption of Airport operations and services and perform or cause Packet Pg. 140 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 6 to be performed all obligations imposed on the Cities pursuant to such agreements. c. Subject to direction from the Commission and in conformance with applicable procurement requirements, procure such aviation and related services, equipment, materials and supplies as may be necessary for the proper operation and marketing of the Airport. D. Prepare the Airport Annual Operating Budget in time to submit said budget and plan to the Commission and the City of Loveland for approval and to submit the annual request for Airport budget contributions through both Cities' annual budget processes for approval, and concurrently provide a copy of the Airport Annual Operating Budget to the City of Fort Collins, for information purposes. The Annual Operating Budget shall itemize all anticipated revenues and operating expenses and shall support such items of revenue and expense with records and documents. E. In conjunction with the Airport Annual Operating Budget, prepare an Annual Operating Plan which shall include, but not be limited to: a maintenance and repair schedule; a schedule of proposed Airport fees; a list of all aviation and aviation-related concessionaires, contractors and tenants; a schedule of all leases, concessions, contracts and agreements to be negotiated or renegotiated; recommendations, if any, for revisions of the Emergency Contingency Plan, Airport Rules and Regulations, Noise Reduction Plan, Community Information Plan and the Airport Security Plan; recommendations, if any, for non-capital equipment; a five-year projection of anticipated revenues and expenses based on a comparison with the previous fiscal year and prepared with reference to other relevant data; a schedule of proposed staffing levels of full-time, part-time and seasonal employees and any factors which may affect Airport operation and management. Appropriate modification of the Airport Operating Plan shall be made as required to conform to the Airport Operating Budget as adopted or amended. F. Prepare and submit to the Commission and the Cities a written five-year Capital Improvement Plan for 2015 and each year thereafter as may be necessary in accordance with Paragraph 10 of this Agreement. Such Capital Improvement Plan shall include, but not be limited to, an appropriate construction schedule for each project; a projection of the total and annual cost of each project; evaluation of the availability of federal, state or private financing options such as build/own/operate/manage and turnkey, for each such project on the Airport Master Plan and on Airport operations, preliminary data to provide order of magnitude cost estimates for each project; and a statement of all major actions required to implement each such project. Packet Pg. 141 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 7 7. Airport Funding. Each City acknowledges that ongoing funding for proper maintenance and capital development of the Airport will be necessary and each City agrees to review any request for funds from the Commission during its respective Annual Budget process. A. The Cities agree to continue the practice of sharing equally in the revenues and expenses arising from Airport operations. If financially feasible, each City shall appropriate necessary funds for capital items, i.e., to maintain the facility, build additional facilities, and match any grants for Airport Improvement Program Projects funded by the FAA. B. Financial contributions to the Annual Operating Budget and the implementation of the Capital Improvement Plan shall be shared equally between the Cities, except that each party reserves the right to invest additional funds in the Airport as it sees fit. C. Improvements to the real property as well as any personal property resulting from such single party investments shall be and remain an asset of the investor. However, single party investments shall have no effect of the percentages of ownership in the Airport as presently divided between the Cities. D. Each City's equal share of the Annual Operating Budget and the Capital Improvement Plan shall be appropriated by each City and transferred or otherwise paid into the designated account to be used for Airport funding on an annual basis by the City providing finance and accounting administrative services for the enduring budget year. E. It is understood and agreed that the City providing finance and accounting administrative services for the Airport may collect, hold, invest and disburse funds belonging to the other City (whether such funds are revenues from the Airport or financial contributions made by such other City or other funds belonging to such other City) only as an agent of such other City, and subject to the general duties and responsibilities of an agency relationship. Accordingly, the City providing such services shall, with respect to such funds of the other City, be under the control of the Financial Officer of such other City and shall make monthly reports to such Financial Officer, which reports shall contain a detailed accounting of all such funds collected, held, invested and disbursed by the City providing such services for the period of time covered by such report. 8. Effective Date. This Agreement shall become effective on the date first listed above. 9. Effect Upon Prior Agreements. This Agreement shall: A. extinguish and replace the intergovernmental agreements related to operation and management of the Airport entitled Joint Operating Agreement for the Fort Collins-Loveland Municipal Airport dated July 3, 1979; Agreement dated Packet Pg. 142 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 8 September 1, 1981, and its Addendum to Agreement dated December 19, 1989; Inter-governmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport dated January 9, 1991; Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated December 21, 1993; Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated June 18, 1996; and Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Municipal Airport dated May 16, 2000 (amended by the First Amendment to the Administrative Guidelines (Exhibit A) of the Intergovernmental Agreement Concerning the Joint Operation of the Fort Collins- Loveland Municipal Airport dated November 10, 2003, and the Second Amendment to the Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated May 15, 2007); and B. not abrogate or otherwise nullify the terms and conditions of the Intergovernmental Agreement dated June 19, 1992, concerning the Airport fire station, which agreement shall be considered an amendment to the provisions of this Agreement should the provisions conflict. 10. Term, Modifications, Extensions. This Agreement shall remain in full force and effect until December 31, 2015, unless earlier terminated by mutual written agreement of the parties hereto. This Agreement may be modified only by the written agreement of the parties hereto. This Agreement may be extended (a) by written agreement of the parties or (b) automatically for successive one year periods by virtue of each City, in its respective annual budgets, having appropriated funds to support the annual operating budget for the Airport for the ensuing budget year in accordance with the provisions of Paragraph 7 of this Agreement. 11. Indemnity. To the extent authorized by law, each party shall indemnify, save and hold harmless the other party, its boards, employees, officers and agents, against any and all claims, damages, liability and court awards, including costs, expenses and attorney's fees, incurred as a result of any act or omission by that party or its officers, agents, employees, subcontractors pursuant to the terms of this Agreement. 12. Ownership of Land and Facilities. Except for single City purchases which shall become vested in the purchasing City in accordance with the provisions of Paragraph 7, ownership of the real and personal property, buildings, structures and facilities located on the Airport shall be divided according to the date of acquisition as follows: A. Real property, improvements and personal property acquired prior to July 3, 1979, as described on Exhibits "B" and "C" attached hereto and made a part hereof, or as established by extrinsic evidence shall be deemed to be vested in both Cities according to the following proportions: 1. An undivided one-third (1/3) interest to the City of Loveland; and 2. An undivided two-thirds (2/3) interest to the City of Fort Collins. Packet Pg. 143 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 9 B. Real property, improvements and personal property acquired on or after July 3, 1979, as well as any appreciation in value accruing to such properties or the properties described in Paragraph A above, shall be deemed to be vested in both Cities according to the following proportions: 1. An undivided one-half (1/2) interest to the City of Loveland; and 2. An undivided one-half (1/2) interest to the City of Fort Collins. C. In the event either party does not pay its one-half (1/2) share of agreed expenses in any given year, such City shall relinquish in each such year in which it shall fail to apply such expenses, all right, title and interest in and to ten percent (10%) of its total ownership interest in real and personal property at the Airport and shall convey the same to the other City. 13. Non-multiple year fiscal obligation. Nothing in this Agreement shall be construed to create a multiple fiscal year direct or indirect financial obligation of or on behalf of any party to this Agreement. 14. Non-liability of Individuals. No officer, agent or employee of either party hereto shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement because of any breach thereof, or because of his, her or their execution or attempted execution of the same. 15. Benefits. This Agreement is made for the sole and exclusive benefit of the Cities, their successors and assigns, and is not made for the benefit of any third party. 16. Relationship of Parties. The parties enter into this Agreement as separate, independent governmental entities and maintain such status throughout. 17. No Assignment. The parties covenant and agree that they will not assign this Agreement, any interest or part thereof or any right or privilege pertinent thereto, without written consent of the other party first having been obtained. 18. Entire Agreement/Ambiguities. This Agreement embodies the entire agreement of the parties. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be valid unless reduced to writing and executed by both parties. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 19. Applicable Law, Severability, Arbitration. The laws of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision rendered null and void by operation of law shall not invalidate the remainder of this Agreement to the extent that this Agreement is capable of execution. The parties agree to submit Packet Pg. 144 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 10 any dispute over the interpretation or application of this Agreement to final and binding arbitration with the Judicial Arbiter Group of Denver, Colorado. The cost of arbitration shall be borne equally by the parties unless the arbitrator shall find that a claim or defense is frivolous and without reasonable justification. [End of page.] Packet Pg. 145 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 11 IN WITNESS HEREOF, this Intergovernmental Agreement has been executed that day and year first above written. THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: __________________________ Mayor ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ______________________________ Mayor ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ City Attorney Packet Pg. 146 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 12 EXHIBIT “A” Administrative Guidelines (Services Provided by the City of Loveland) All services described below are to be provided by the City of Loveland, except as otherwise specifically noted. Legal Services The City Attorney’s office will provide legal services to the Airport. In the event that it is necessary to use the services of outside counsel, the cost incurred would be included in charges to the Airport. Accounting and Purchasing Accounting will maintain financial records for the Airport in a separate accounting fund. Services provided will include monthly reports, accounts payable, payroll processing, processing and payment of purchase orders, and preparation of work papers for the annual audit. Performance of the annual audit would be included as an item in City’s bid for audit services. Personnel and Benefits Administration The Employee Relations Department will maintain employment records, assist in recruiting, disciplinary action and discharge of employees; assist with classification and compensation of employees; administer claims and benefits plans; and provide training programs for Airport employees. Participation of Airport employees in training programs will be on the same basis as for employees of the City of Loveland. There is no cost except for those programs for which there is an additional cost for City employees. All Airport employees shall be subject to the employee regulations and policies of the City of Loveland. Engineering Engineering will provide consultation on routine pavement management issues, bidding and administration of pavement maintenance contracts. Facilities Maintenance Facilities Maintenance can assist in establishing preventive maintenance schedules for the terminal and other buildings, and providing consultation on facilities maintenance issues. Packet Pg. 147 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 13 General Administration Environmental services including storm water discharge permitting and regulatory compliance, can be provided through civil engineers, environmental resource assistances, industrial pretreatment coordinators and other professionals, . Street Sweeping Parking lot and other sweeping is available. Security Security services which are outside the scope of the duty of the Loveland Police Department can be provided by off-duty officers, when available. Risk and Insurance The City of Loveland shall maintain liability coverage for the Airport. Risk management services related to this coverage will include claims administration; implementation of incident reporting to track and monitor problem areas; periodic meetings with the Airport manager to review the incident reports; and periodic safety inspections of the premises. The City of Fort Collins shall maintain property coverage. Risk management services related to this coverage will include assistance with claims administration, periodic meetings with the airport manager, and other services as requested. There will be no charge for these services. The Airport Annual Operating Budget provides for insurance deductibles. If the insurance that has been purchased includes a higher deductible amount, the cities of Loveland and Fort Collins will share equally in the difference between the budgeted deductible, and the lesser of the amount of the claims and deductible amount provided for in the insurance policy. Such amount will be paid from each City's risk pool, and will not be charged to the Airport’s Annual Operating Budget. Packet Pg. 148 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 14 EXHIBIT “B” Legal Description [pdf to be attached] Packet Pg. 149 Attachment1: Exhibit A (2747 : Airport - IGA RESO) 15 EXHIBIT “C” Property/Equipment Packet Pg. 150 Attachment1: Exhibit A (2747 : Airport - IGA RESO) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Pete Wray, Senior City Planner SUBJECT Items Relating to the Capstone Cottages Plan Amendment to the City Structure Plan and East Mulberry Corridor Plan Maps, and Rezoning. EXECUTIVE SUMMARY A. Resolution 2015-004 Amending the City’s Structure Plan Map. B. Resolution 2015-005 Amending the East Mulberry Corridor Plan Map. C. First Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Capstone Cottages Rezoning. The purpose of this item is to amend the City Structure Plan Map and the East Mulberry Corridor Plan Map, to change the land use designation of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood, rezone the property from the Industrial district (I) to the Medium Density Mixed Use Neighborhood district (M-M-N) and rezone the abutting 0.070 acres of land from the M-M-N to the Industrial District. The requests are based on the Applicant’s proposal to develop a student oriented single-family residential project; the Project Development Plan for the proposed project is in the process of being reviewed by staff as part of a separate application. On December 11, 2014, the Planning and Zoning Board voted (4-0) to support a recommendation to City Council to approve the proposed Capstone Cottages plan amendment and rezoning. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions and Ordinance on First Reading. BACKGROUND / DISCUSSION 1. Background The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Industrial (I) Vacant industrial land Low Density Residential (R-L) Ex. Neighborhood Andersonville/San Cristo/Via Lopez South General Commercial (C) Mulberry/Lemay Crossing, Multi-Family (Buffalo Run Apts.) East Industrial (I) Existing industrial businesses Packet Pg. 151 Agenda Item 11 Item # 11 Page 2 West Industrial (I) Existing industrial businesses Zoning History (in reverse chronological order) 2003 The City initiated a re-zone for three parcels consisting of approximately 24 acres at the northeast corner of Lincoln and Lemay from Industrial (I) to the Employment District (E) to bring the City Structure Plan map and Zoning map into conformance with the East Mulberry Corridor Plan that was adopted in 2002. The owner of approximately 15.79 acres included in the staff’s request, and at the northeast corner thereof, requested that its property be rezoned M-M-N rather than Employment (E). The Planning and Zoning Board supported the request to rezone the property at the corner from I to M-M-N, commenting that the site was appropriate for M- M-N because of its accessibility and proximity to the Wal-Mart development, which effectively acts as a neighborhood center. The City Council approved the rezoning to M-M-N. March 1997 The City implemented the newly adopted Comprehensive Plan called City Plan. This implementation involved re-zoning the entire City into new zone districts with certain exceptions for developed properties that were not anticipated to re-develop. The primary exception was existing neighborhoods which retained their underlying pre-City Plan zone of R-L, Low Density Residential. 1994 The larger parcel consisting of 17.1 acres was annexed and zoned Industrial as part of the East Lincoln Third Annexation. 1986 The two smaller parcels (East) were annexed and zoned Industrial as part of the Fort Collins Business Center First Annexation. 2. Plan Amendments - City Plan and Related Elements City Plan Minor Amendment Process City Plan and adopted subarea plans are the policy documents that shall be used to guide decision-making in Fort Collins and its Growth Management Area. Revisions to City Plan and elements thereof shall be conducted according to two distinct procedures: Comprehensive Updates and Minor Amendments. Comprehensive updates to City Plan will take place every five (5) years, ideally in a concurrent process with the Transportation Master Plan like the Plan Fort Collins effort. A separate process shall be used to make Minor Amendments to City Plan and other adopted elements. Minor Amendments may include revisions to one or a few sections of the plan as a result of adoption of subarea plans or a specific issue, policy, or directive from City Council. Minor amendments may include changes to the City Structure Plan Map as well as corrections to text or map errors. Amendment requests based on proposed development projects that involve re-zonings may also be processed concurrently with re-zoning applications. Requests shall be submitted to the City’s Planning Department at least 60 days prior to the hearing date for the Planning and Zoning Board. The 60-day submittal requirement is necessary in order to permit adequate public notice to be given and to allow adequate time to complete the background work for considering a plan amendment. Packet Pg. 152 Agenda Item 11 Item # 11 Page 3 A plan amendment will be approved if the City Council makes specific findings that: The existing City Plan and/or any related element thereof is in need of the proposed amendment, and The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. As part of the justification by the Applicant: “The Applicant would like to develop a student-oriented housing development northeast of the intersection of Lincoln and Lemay Avenues. Approximately 18.32 acres of land at the corner is currently zoned M-M-N. The developable size of the original 18.32-acre site intended for multi- family development has been significantly reduced because of changed conditions.” “Additional M-M-N zoned land is necessary to create a site zoned M-M-N that is large enough to accommodate a project that is both financially feasible and one that is consistent with City policies related to multi-family development, transitional land use and neighborhood compatibility.” Staff has assessed the proposed plan amendments and supports the change relating to the first City Plan criterion, that there is a need for the amendments. The Plan Amendments are needed in order to re-designate approximately 12.7 acres of land from Industrial to Medium Density Mixed-Use Neighborhood (M-M-N) abutting the existing M-M-N parcel. Additional M-M-N designated land through consolidation of parcels is necessary to create a site that is large enough to accommodate a project that is consistent with City policies related to multi-family development. The larger site will provide expanded transitional land use and buffers, neighborhood compatibility, and coordination of public street alignments. The existing Industrial parcels proposed to be changed are awkward in shape as a result of the original metes and bounds property boundary configuration while in Larimer County. The Master Street Plan shows three public streets bisecting these existing Industrial parcels, including extensions of International Boulevard, Duff Street and Webster Street. A larger consolidated property will enable the improved alignment and connections of public streets in the area, under single ownership. As part of the justification by the Applicant: “The proposed Structure Plan Map amendment will allow a rezoning to the M-M-N zone and development of the applicant’s proposed multi-family project that is consistent with and supported by City Plan Principles and Policies. The net acreage of the existing M-M-N site is less than 14 acres, while approximately 20-25 acres is required to develop a project that is consistent with City Policies related to multi-family development, transitional land use and neighborhood compatibility. Allowing an increase in the size of the existing M-M-N property northeast of the intersection of Lincoln and Lemay Avenues will provide a needed land use transition between existing industrial development and existing single-family neighborhoods to the northwest.” “The 12.7 acres proposed to be rezoned is intersected by International Boulevard, Duff Street and Webster Street resulting in four small separate and odd shaped parcels that would be difficult to develop. Any potential loss of employment opportunities associated with the existing industrial zoned land is more than off-set by Woodward developing a new campus to the property located southwest of the Lincoln and Lemay intersection. It is anticipated that Woodward will build 600,000 square feet of office and manufacturing space in four phases retaining and/or creating between 1400 and 1700 primary jobs on the 101-acre former Links-n- Greens site.” Staff has assessed the proposed plan amendments and concludes that the change continues to promote the Packet Pg. 153 Agenda Item 11 Item # 11 Page 4 public welfare and is consistent with the vision, principles and policies of City Plan and elements thereof. The location and proposed increase in size of the M-M-N designation is adjacent the existing Mulberry/Lemay Crossing Shopping Center which includes a supermarket, transit facilities, employment and the Poudre River. An expanded M-M-N designation will provide increased opportunity to establish a transition and link between lower density neighborhoods and commercial, employment and industrial Districts. As mentioned above, the proposed amendment will enable better coordination of planned alignment and connections of public streets in the area. Staff has also assessed how this proposed plan amendment and re-zoning will affect the available inventory of vacant buildable Industrial lands within the Growth Management Area. A recent update of vacant and redevelopment industrial land inventories identify: Vacant Industrial Land - 865 acres Industrial Redevelopment Areas (Airpark) - 254 Acres Total Vacant & Redevelopment Industrial Areas - 1,119 acres As part of the last City Plan update and 2010 Nelson Study, the following findings were reported: Projected industrial employment will remain stable through 2040 and could decrease slightly thereafter. Fort Collins contains 12.8 million square feet of existing industrial space on 2,949 acres of land at an average industrial land use floor are ratio of .08. Industrial floor area ratios (FAR) in mature suburban markets typically average a 0.15 FAR. “We find that if the FAR for Fort Collins in 2060 were to be more in line with mature suburban areas, such as FARs of 0.15 for industrial and 0.25 for retail and office/institutional, Fort Collins may not need to expand its current supply of nonresidential land by much.” “During the period 2010 to 2060, nearly all of Fort Collins’ nonresidential built stock will be replaced.” & “In a growing area, redevelopment usually results in much higher land-intensity than that which it replaced.” “Fort Collins has sufficient land to meet its nonresidential and much of its residential land use needs over the next half century.” The proposed net loss of approximately 12.7 acres of Industrial land is insignificant when viewed relative to the overall inventory of potential future Industrial land use. In addition, the proposed loss of approximately 13 acres on the Capstone site of industrial land is off-set by the recent addition of the use “Campus Employment” for the Woodward Technology Campus project under construction to the west. A large part of the Woodward operations will include light industrial manufacturing activity. 3. Land Use Code Division 2.9 - Amendment to the Zoning Map Section 2.9.4 (H) (2) - Mandatory Requirements for Quasi-judicial Zonings or Rezonings: Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) Consistent with the City's Comprehensive Plan; and/or (b) Warranted by changed conditions within the neighborhood surrounding and including the subject property. Section 2.9.4(H)(2)(a) - Consistency with the Comprehensive Plan: The City Structure Plan Map indicates the approximate 15.8-acre existing parcel and proposed amendment for the approximate 12.7-acre parcel to be “Medium Density Mixed-Use Neighborhood.” According to the Land Use Code: Packet Pg. 154 Agenda Item 11 Item # 11 Page 5 The Medium Density Mixed-Use Neighborhood District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate-intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment. This District is intended to function together with surrounding low density neighborhoods (typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone districts to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate zone districts. The City Structure Plan Map also indicates the approximate .07-acre parcel to be “Industrial.” According to the Land Use Code: The Industrial District is intended to provide a location for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The Industrial District also accommodates complementary and supporting uses such as convenience shopping, child care centers and housing. While these Districts will be linked to the City's transportation system for multiple modes of travel, some may emphasize efficient commercial trucking and rail traffic as needed. Industrial and manufacturing processes used in this District may, by necessity, be characteristically incompatible with residential uses. The proposed rezoning is supported by and consistent with the City Structure Plan Map and the East Mulberry Corridor Plan Map, both elements of City Plan. Section 2.9.4(H)(2)(b) - Changed Conditions: As part of the Applicant’s justification the following findings were identified: In addition to being consistent with the City’s Comprehensive Plan, the proposed re-zoning is also warranted by changed conditions within the neighborhood surrounding and including the subject property. The following changes have occurred in the surrounding neighborhood that supports the proposed change from I to M-M-N: The airport is no longer in operation. Concerns raised by City staff in the 2003 consideration of a rezoning to M-M-N included concerns about locating residential areas too close to the airport. With the closure of the airport, this concern is no longer an issue. Woodward is building a new campus on the 101-acre Links-n-Greens site at the southwest corner of the Lincoln and Lemay intersection. The City specifically added light industrial and heavy industrial uses to the zoning for the site to accommodate Woodward’s new office/manufacturing campus that is anticipated to retain and/or create between 1400 and 1700 primary jobs. The loss of 12.7 acres of I-zoned property is more than offset by the increase in industrial uses and jobs realized by the Woodward project. The Master Street Plan alignment of streets in the area will require several acres of the subject property to be dedicated as right-of-way, leaving only very small and odd shaped parcels of I-zoned land which would be very difficult to develop as industrial uses generating employment. Street alignments proposed on the Master Street Plan reduce the amount of existing M-M-N property. Lemay Avenue is proposed to swing to the east to go around the east side of the San Cristo/Andersonville neighborhood when the future Packet Pg. 155 Agenda Item 11 Item # 11 Page 6 Vine/Lemay overpass is constructed. Lincoln Avenue as shown on the Master Street Plan swings to the north connecting to the future International Boulevard. The design of the Lincoln Avenue/International Boulevard intersection has not been determined; however, if the ultimate design includes a swing to the north (as indicated in the MSP) or a round- about, either solution would further reduce the M-M-N site. On the north side of the property, the future Duff Drive aligning with Buckingham Street to the west will also affect the M-M-N site, cutting off a corner of the M-M-N site and adding a tract of land south of Duff Drive that is zoned I. A portion of the original 18.32-acre M-M-N site (2 acres) has already been developed as the Bank of Colorado. The net acreage currently available in the M-M-N zone for development of a multi-family project has been reduced to less than 14 acres by the future street alignments and adjacent development. Proposed pedestrian/streetscape improvements along Lincoln Avenue between the Lincoln Avenue/Lemay Avenue intersection and Riverside Avenue support a residential project at this location by providing convenient and safe access to Downtown utilizing alternative modes of travel. The Mulberry and Lemay Crossings shopping center to the south provides a variety of goods and services including groceries. The commercial center functions like a neighborhood center, making medium density residential a land use transition that is well supported by City policies. The Applicant has only recently been able to assemble adjacent properties in order to create an adequate size parcel for multi-family development of the type that would be supported by City Plan and the City’s Land Use Code. The assemblage of the various parcels and integration of the MSP streets will now allow for a mid-block land use change per City Plan Policy LIV 38.3. The 0.070 acres of land to be rezoned from the Medium Density Mixed Use Neighborhood District (M-M-N) to the Industrial District (I) is the result of the alignment of Duff Drive (shown on the MSP) that cuts off a triangle of land that would be more appropriately zoned I-Industrial to be consistent with I-Industrial zoned parcels adjacent to the street right-of- way. In review of the proposed rezoning, staff acknowledges conditions have changed in the area surrounding this property and on-site. The Woodward Technology Campus is under construction to the west, adding a significant employment base for the community. The demand for new housing in this area is high. Colorado State University continues plans to expand student enrollment, resulting in a need for new student housing, on and off campus. Consolidation of parcels under single ownership will provide additional opportunity to better coordinate an expanded M-M-N development with adjacent land uses, consistent with City Plan. The Master Street Plan identifies a curved Minor Arterial Street alignment connecting International Boulevard to East Lincoln Avenue. An alternative intersection design is being considered which may include a roundabout configuration. An opportunity also exists to better coordinate alignment and connections of other public streets in the area. Section 2.9.4(H)(3)(a) - Compatibility: The parcel is at the intersection of two arterial streets including Lemay Avenue and Lincoln Avenue. To the west is the existing Bank of Colorado and Industrial uses including Fort Collins Brewery. To the north are vacant Industrial lands and the existing Andersonville/San Cristo and Via Lopez neighborhood. To the east are existing Industrial businesses, and to the south are the Buffalo Run Apartments and Mulberry/Lemay Packet Pg. 156 Agenda Item 11 Item # 11 Page 7 Crossing Commercial Center. The combined 28.5 acres of M-M-N continues to be compatible with adjacent uses. The proposed zoning also allows for an effective transition between the more intense land uses associated with the arterial streets and the existing low density residential neighborhood to the north. Section 2.9.4(H)(3)(b) - Impacts on Natural Environment: The rezoning will not have an adverse impact on the natural environment. The sites proposed to be rezoned have a few, small isolated pockets of wetlands and no significant wildlife habitats. Any new development that includes natural areas determined to be valuable would need to be preserved or mitigated regardless of whether of the property is zoned M-M-N or Industrial per Section 3.4.1. Section 2.9.4(H)(3)(c) - Logical and Orderly Development Pattern: It is entirely consistent with City Plan to have an M-M-N District next to an R-L District, General Commercial District and Industrial District. M-M-N zoning allows for a mix of land uses that are complementary to surrounding uses and supports transit. The rezoning to a slightly larger M-M-N area allows for improved coordination of planned public streets and ability to establish a transition between higher intensity uses and lower intensity uses. Rezoning the parcels to from Industrial to M-M-N, including M-M-N to Industrial provides a logical and orderly development pattern. 4. Neighborhood Information Meeting Three neighborhood meetings were held on February 25, July 24, and December 10, 2014. A majority of comments received by staff focused on traffic impacts. Comments relating to the proposed land use and zoning amendments are summarized below (See Attachment 3). Comment: If this is student housing, I think it is a slap in the face for those looking for affordable housing in the community. I think that is what should go in there. Question (Citizen): Have you considered other sites in town? Response (Applicant): What we like about the site, in order to create a neighborhood and sense of place we need an appropriate scale, requiring a larger tract of land, but also because it has the access onto Lincoln Avenue, it has good traffic flow and proximity to Downtown. Question (Citizen): We have Woodward Governor, and where will people that want to support Woodward build because there’s no Industrial land left because it is rezoned? Response (City): The applicants have their justification for why they think it makes sense. We have our staff report that is going to the Planning & Zoning Board tomorrow night with staff’s justification and rationale for the rezone. The P&Z will forward a recommendation to Council, who makes the ultimate decision. Staff has looked at the overall inventory of Industrial land in the Growth Management Area, that in losing 12 acres of Industrial land, we still have land for industrial development for the long-term. Comment (Citizen): I share concerns with other folks about compatibility, especially with the potential gentrifying of the neighborhoods. We’re talking about dropping in a very upscale development several miles away from campus, surrounded by low to moderate income historic neighborhoods. Response (City-Social Sustainability): I heard that you would like to see affordable housing. As a City, we don’t build affordable housing, we partner with others to build it. We rely on our partners to locate in appropriate places. City Plan asks for affordable housing to be spread throughout the entire City. Our partners would have to have a complete a market study that shows this is where it is required in the community. We also have land bank properties that had development impediments at one point that were not valuable to the market and we hold on to them to develop them for affordable housing at a future date. We wouldn’t be able to come to this lot without ownership or control to say we need affordable housing. There are definitely issues throughout the community, including gentrification. Social Sustainability and the City have recently hired consultants to look at housing affordability policies and we’re looking at ways we can incentivize the right products in our community. Comment (Citizen): I don’t know how much support the City has backing this development, but from what I have painfully heard with the Lincoln Corridor Plan, the City was hell-bent on getting that built, Packet Pg. 157 Agenda Item 11 Item # 11 Page 8 so it didn’t matter what people from the neighborhood said. My concerns are: it’s only for students; we need affordable housing for the working class people and I continue to have to fight on that note, and we need affordable housing for people that are working minimum wage jobs. If you look across the street to the apartment complex, it doesn’t fit. The cottages are lovely, it’s a beautiful development that is solely geared for students, but I feel like it doesn’t fit with the neighborhood and will continue to gentrify the neighborhood. Those are serious concerns I have. Comment (Citizen): The cost of land has gone up. I see around campus private buyers having to compete with the University for properties. CSU has bought so much property and they are already marching south, and eventually they will march east, so these folks have to go where they need to be. I agree this is an inappropriate area for this type of project. We know the impact of The Summit with Capstone on College. It’s a royal mess. They’re now trying to recover with the parking garage. There is a better job here planning than the other one. We’re not being NIMBY here; there are genuine, legitimate concerns for the project in this area. Comment (Citizen): I also had concerns about compatibility. With a birds-eye view, you could see the perspective this affluent neighborhood is to the low-income neighborhood it surrounds. Question (Citizen): How does student housing affect property values for nearby neighborhoods? Response (Applicant): I do not know the effect of property values. I would encourage you to ask real estate professionals. My own experience is that something brad new and new development in an area can raise property values. FINANCIAL / ECONOMIC IMPACTS Staff finds no direct financial or economic impacts resulting from the requested plan amendment and rezoning. The plan amendment and rezoning would further implement the East Mulberry Corridor Plan and City Plan, which both reflect community consideration of economic issues as part of balanced comprehensive planning. ENVIRONMENTAL IMPACTS The physical environment will not be directly impacted by the requested plan amendment and rezoning. The Rezoning will enable ensuing submittal of development applications, and development plans are required to comply with Land Use Code standards for development, including Environmental and Natural Area Protection standards to address potential environmental impacts. PUBLIC OUTREACH While a neighborhood meeting is not required for this plan amendment and rezoning per Land Use Code Section 2.9.4 (B), the Director determined a neighborhood meeting is warranted. Three neighborhood meetings have been held to date for this item and Project Development Plan. While most of the comments received by staff focused on traffic impacts, comments relating to land use and zoning are highlighted above. A summary of each neighborhood meeting is included (Attachment 3). ATTACHMENTS 1. Vicinity Map (PDF) 2. Planning and Zoning Board minutes, December 11, 2014 (draft) (PDF) 3. Neighborhood meeting summary, February 25, 2014 (PDF) 4. Justifications - Rezoning and Plan Amendments (PDF) 5. Powerpoint presentation (PDF) Packet Pg. 158 Site Project Development Boundary Proposed Plan Amendment & Rezoning Areas Capstone Cottages E Lincoln Ave E Vine Dr 9th St N Lemay Ave Webster Ave Duff Dr N Link Ln Buckingham St E Magnolia St E Olive Ct Romero St San Cristo St Lopez Ct ATTACHMENT 1 Packet Pg. 159 Attachment11.1: Vicinity Map (2741 : Capstone Cottages - Plan Amendment and Rezoning) Planning and Zoning Board Hearing Minutes December 11, 2014 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Jennifer Carpenter Phone: (H) 231-1407 Chair Carpenter called the meeting to order at 6:00 p.m. Roll Call: Kirkpatrick, Hansen, Hart, and Schneider Absent: Carpenter, Hobbs Staff Present: Kadrich, Eckman, Burnett, Wilkinson, Wray, Mounce, and Cosmas Agenda Review Chair Carpenter provided background on the board’s role and what the audience could expect as to the order of business. She described the following processes: While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Director Kadrich reviewed the items on both the Consent and Discussion agendas and also explained the consent/discussion procedure to the audience. Public Input on Items Not on the Agenda: None. Consent Agenda: 1. Minutes from November 13, 2014, P&Z Hearing ATTACHMENT 2 Packet Pg. 160 Attachment11.2: Planning and Zoning Board minutes, December 11, 2014 (draft) (2741 : Capstone Cottages - Plan Amendment and Rezoning) Planning & Zoning Board December 11, 2014 Page 2 Public Input: None. Member Hart made a motion that the Planning and Zoning Board approve the December 11, 2014, Consent agenda as presented, which includes the minutes from the November 13, 2014, Planning and Zoning Board hearing. Member Heinz seconded. Vote: 6:0. Discussion Agenda: 2. Capstone Cottages Plan Amendment and Rezone, REZ #140002 Project: Capstone Cottages Plan Amendment and Rezone, REZ #140002 Project Description: This is a request that the East Mulberry Corridor Plan and City Structure Plan Maps be amended to change the land use designation of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood. The Applicant’s proposal also involves a request to rezone 12.7 acres of land from the Industrial District (I) to the Medium Density Mixed Use Neighborhood District (M-M-N) and 0.070 acres of land from the M-M-N to the Industrial District. The requests are based on the Applicant’s proposal to develop a single-family residential project; the Project Development Plan for the proposed single-family project is submitted concurrently. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Staff and Applicant Presentations Member Hansen recused himself at 6:04pm due to a conflict of interest with this project. Senior Planner Wray made a brief presentation of this project, including each of the items requiring a separate vote: Part I: a request for a plan amendment to change the land use designation of 12.7 acres from Industrial to Medium Density Mixed-Use Neighborhood for the East Mulberry Corridor Plan; Part II: this same change for the City Structure Plan Map; and Part III: a request to rezone approximately 12.7 acres from Industrial to Medium Density Mixed-Use Neighborhood and to rezone 7/100 of an acre from Medium Density Mixed-Use Neighborhood to Industrial. He also informed the Board that the Project Development Plan (PDP) has been submitted concurrently with this project and is currently under review. A summary of the discussion from a neighborhood Packet Pg. 161 Attachment11.2: Planning and Zoning Board minutes, December 11, 2014 (draft) (2741 : Capstone Cottages - Plan Amendment and Rezoning) Planning & Zoning Board December 11, 2014 Page 3 meeting from the previous evening (12/10/14) has also been included in tonight’s packet, which was the third meeting for both of these projects. Linda Ripley, with Ripley Design, Inc., is representing Capstone Collegiate Communities, the Applicant for the rezoning. She continued with a more in-depth presentation, including a PowerPoint presentation. She detailed the nearby amenities and detailed the reasons behind the rezoning, including the plan to revitalize the area. She stated that this rezoning fits well into the City’s Master Street Plan. She discussed the advantages of these changes and how the site is appropriate for industrial development, including the criteria for project approval: consistency with comprehensive plan and is warranted by change conditions (airport no longer in operation, Woodward Governor’s new campus, bank development, and pedestrian and bike improvements). She stated that the applicant was only recently able to assemble these adjacent parcels. They are also pursuing a project development plan, but this plan will not be included in tonight’s discussion. Deputy City Attorney Eckman clarified the objectives for tonight: he suggested that several motions be made, specifically focusing on changing any City plans first. Public Input John Lee, 500 9th Street, stated this is plan has a direct impact on his neighborhood. He doesn’t feel that he can expand his own business, based on the proposed plan. Because this project is student housing, the number of cars, along with the trains, will become very difficult to navigate. He doesn’t feel that the current infrastructure will support these changes. Lisa Lee, 500 9th Street, is opposed to this project because the location can’t support more cars. She says that the area is already unsafe, and adding 800 more cars would be unsafe and unsupportable. Justin Wagner, 601 10th Street, stated that he feels that the infrastructure should be built first. He cited the number of car wrecks and train issues as examples of the congestion. He believes that students won’t want to live this far to the east of CSU, and he thinks having student shuttles may not help this situation and they will continue driving their own cars. Jerry Gavaldon, 1252 Solstice Lane, has family who grew up in this area. He made some general comments regarding the appropriate zoning for this area, given the issues brought up by citizens and the constraints dictated by the Land Use Code. Staff/Applicant Response to Citizen Concerns Ms. Ripley stated that she did not have a rebuttal to the citizen comments. Senior Planner Wray noted that the citizen concerns were mostly related to traffic and street plan. Martina Wilkinson, Traffic Operations, stated that, in terms of the rezoning proposed, residents would experience an approximate increase in daily trips of about 20%. Board Questions and Staff Response Member Hart asked if the traffic generation is based upon standard numbers of trips for these zoning types. Matt Delich, Traffic Engineer for Delich Associates, stated that the light industrial land use standard was used (a City of Fort Collins city source). Vice Chair Kirkpatrick asked about the plans to build-out that area and what infrastructure improvements are planned. Ms. Wilkinson stated that they Packet Pg. 162 Attachment11.2: Planning and Zoning Board minutes, December 11, 2014 (draft) (2741 : Capstone Cottages - Plan Amendment and Rezoning) Planning & Zoning Board December 11, 2014 Page 4 want to improve the Lincoln Corridor, to connect the international boulevard, and ensuring connectivity to Lemay to the north to reduce congestion. The City will be putting in a pedestrian signal to assist citizens in crossing Lemay, which will be included in project development plan. Vice Chair Kirkpatrick asked about paying for infrastructure improvements. Senior Planner Wray responded that the City plans for future development by ensuring adequate public infrastructure is in place concurrent with new development, and funding will come from private development of their fair share and capital project funds. Director Kadrich added that there may be existing conditions that were present and needed infrastructure changes or upgrades prior to any new development coming in. Developers would pay their proportionate share of those costs, but they would not be required to pay for existing conditions. Member Schneider asked if there is any possibility that the airport would ever be revitalized. Senior Planner Wray responded that the property has gone into foreclosure and is now is owned by a bank and has been rezoned to Employment; however, the airport itself is no longer in existence. Member Hart asked if traffic is already at capacity. Ms. Wilkinson stated that Traffic Operations is watching traffic levels at this intersection and are requiring the Applicant to analyze to meet the required level of service standards. It is currently running at Level E, which is near to capacity, especially with the inclusion of a train or crash. Senior Planner Wray also stated that the Right of Way for the southern realignment has been dedicated. Mr. Delich also added that, during peak hours at the intersection of Vine and Lemay, the difference between the current and future zoning is less than 5 vehicles per hour. Senior Planner Wray added that there are a little less than 900 available acres for vacant Industrial use around the City and approximately 250 redevelopment industrial acres within the East Mulberry Corridor area. While we are losing approximately 12 acres of industrial land, there is sufficient inventory of industrial land to accommodate future needs. Board Deliberation Member Hart stated that he is convinced that this development will not increase the impact of traffic and may actually improve the existing traffic conditions. He stated that the next stage of development will address the traffic issues, and he feels that the students will utilize the free transport system. Member Schneider asked whether 9th street/Lemay going to dead-end at the railroad tracks. Senior Planner Wray stated that, in reference to the Master Street Plan, there are some opportunities coming up that will answer that question. There was some discussion as to the future placement of Lemay and Vine. Member Heinz stated that she doesn’t see an issue with adding the additional 12 acres to this zoning. Member Schneider asked whether there had been any communication with Woodward regarding this project. Senior Planner Wray responded that he has not heard any specific comments from them on this topic. Member Schneider stated that he has reservations of the zoning impacts of traffic on the neighborhood but will support it. Vice Chair Kirkpatrick will also support the rezoning with respect to the Master Street Plan and connectivity. She encouraged citizens to continue their involvement with the project development plan. Overall, she believes this rezoning is in compliance with the Comprehensive Plan. Member Hart hopes that any plan takes into consideration the impact on infrastructure. Eckman counselled on how the motions should be made in order to ensure clear intent. Member Hart made a motion that, based upon the findings of facts and conclusions in the Staff Report on pages 8 and 9 A-C, the Planning and Zoning Board recommend to the City Council Packet Pg. 163 Attachment11.2: Planning and Zoning Board minutes, December 11, 2014 (draft) (2741 : Capstone Cottages - Plan Amendment and Rezoning) Planning & Zoning Board December 11, 2014 Page 5 approval of the amendment to the City Structure Plan Map to change the land use designation of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood. Member Heinz seconded the motion. Vote: 4:0. Member Hart made a motion that, based upon the findings of facts and conclusions in the Staff Report on page 8 and 9 A-C, the Planning and Zoning Board recommend to the City Council approval of the amendment to the East Mulberry Corridor Plan Map to change the land use designation of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood. Member Heinz seconded the motion. Vote: 4:0. Member Hart made a motion that, based upon the findings of facts and conclusions in the Staff Report on pages 8 and 9 D-I, the Planning and Zoning Board recommend to the City Council approval of the amendment to the Zoning Map to change the land use classification of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood and also include a change to the land use classification of approximately 0.07 acres of land from Medium Density Mixed-Use Neighborhood to Industrial and in accordance with the City’s Comprehensive Plan and the Capstone Cottages Rezoning REZ #140002. Member Heinz seconded the motion. Vote: 4:0. Other Business None noted. The meeting was adjourned at 7:10pm. Laurie Kadrich, CDNS Director Jennifer Carpenter, Chair Packet Pg. 164 Attachment11.2: Planning and Zoning Board minutes, December 11, 2014 (draft) (2741 : Capstone Cottages - Plan Amendment and Rezoning) ATTACHMENT 3 Packet Pg. 165 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 166 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 167 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 168 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 169 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 170 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 171 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 172 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 173 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 174 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 175 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 176 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 177 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 178 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 179 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 180 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 181 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 182 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 183 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 184 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 185 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 186 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 187 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 188 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 189 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 190 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 191 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 192 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) Packet Pg. 193 Attachment11.3: Neighborhood meeting summary, February 25, 2014 (2741 : Capstone Cottages - Plan Amendment and Rezoning) land planning landscape architecture urban design entitlement Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com December 1, 2014 Capstone Cottages Requests for Structure Plan Map Amendment and Rezoning The Applicant, Capstone Collegiate Communities, requests that the City Structure Plan Map be amended to change the designation of approximately 12.7 acres of land northwest of the Lincoln Avenue/Lemay Avenue intersection from Industrial to Medium Density Mixed Use Neighborhood. The proposed amendment is limited to a single element of City Plan and therefore constitutes a Minor Amendment. The request is based on the Applicant’s proposal to develop a multi-family residential project; the PDP for the proposed multi-family project is submitted concurrently. The Applicant’s proposal also involves a request to rezone 12.7 acres of land from the Industrial District (I) to the Medium Density Mixed Use Neighborhood District (M-M-N) and 0.070 acres of land from the Medium Density Mixed Use Neighborhood District (M-M-N) to the Industrial District (I), both to be processed concurrently with the City Structure Plan Map amendment. Reason for Requests The Applicant would like to develop a student-oriented housing development northeast of the intersection of Lincoln and Lemay Avenues. Approximately 18.32 acres of land at the corner is currently zoned M-M- N. The developable size of the original 18.32-acre site intended for multi-family development has been significantly reduced because of changed conditions Additional M-M-N zoned land is necessary to create a site zoned M-M-N that is large enough to accommodate a project that is both financially feasible and one that is consistent with City policies related to student-oriented housing development, transitional land use and neighborhood compatibility. Background In 2003 the City staff proposed to re-zone three parcels at the northeast corner of Lincoln and Lemay from I to the Employment District (E) to bring the City’s Structure Plan map and Zoning Map into conformance with the East Mulberry Corridor Plan that was adopted in 2002. The East Mulberry Corridor Plan designated the area for Employment uses in order to create a transition between the existing I- zoned land north and east of the parcels and new development to the west. The owner of approximately 15.79 acres included in the staff’s request and at the northeast corner thereof requested that its property be zoned M-M-N rather than Employment (E). City staff indicated that both the M-M-N and the E zones would create an appropriate land use transition, but that E had been chosen over M-M-N because of the area’s proximity to the airport. Ultimately the Planning and Zoning Board agreed with the property owner and voted to rezone the property at the corner from I to M-M-N, commenting that the site was appropriate for M-M-N because of its accessibility and proximity to the Wal-Mart development, which effectively acts as a neighborhood center. The City Council thereafter approved the rezoning to M-M-N. The airport has since discontinued operations. ATTACHMENT 4 Packet Pg. 194 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 2 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com The City Structure Plan and the East Mulberry Corridor Plan were subsequently amended to designate the property northeast of the intersection of Lincoln and Lemay Avenues as Medium Density Mixed Use and Medium Density Residential, respectively. Packet Pg. 195 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 3 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com Request for: Minor Amendment of the City’s Structure Plan Map The process and criteria that is used by City Council to evaluate a Structure Plan Map Amendment is as follows: Amendment requests based on proposed development projects that involve re-zonings may also be processed concurrently with re-zoning applications. Amendments initiated by City Council, City staff, boards and commissions, and annexations and initial zoning, may be processed at any time. Requests shall be submitted to the City’s Advance Planning Department at least 60 days prior to the hearing date for the Planning and Zoning Board. The 60-day submittal requirement is necessary in order to permit adequate public notice to be given and to allow adequate time to complete the background work for considering a plan amendment. A plan amendment will be approved if the City Council makes specific findings that: x The existing City Plan and/or any related element thereof is in need of the proposed amendment, In 2002 when the Structure Plan was amended to allow the property on the corner to be zoned MMN, it was recognized that the area around the Lincoln/Lemay Intersection was undergoing change and becoming more urbanized. The Mulberry and Lemay Crossings shopping center was in operation and a new multi-family development (Buffalo Run Apartments) was developed adjacent to it on the north side. The Structure Plan Amendment and associated re-zoning was done to create a land use transition between existing industrial development and new urban development anticipated to the west. The revitalization of the area has continued with Woodward moving its campus to the 101-acre Links-n- Greens site south west of the intersection, new businesses locating along Lincoln Avenue and the proposed Lincoln Avenue streetscape improvements. The logic of creating a transitional land use remains the same as it was in 2002; however, the reality is that the existing M-M-N site of less than 14 net acres is too small to accommodate the development of a student-oriented housing project that successfully achieves the objectives of City Plan. The Applicant’s PDP application for Capstone Cottages, submitted concurrently, proposes cottage-style student-oriented housing. This means small-scale, single-family and attached single-family units that are rented to 3-5 unrelated people. In addition to the cottages, the project will also feature three-story, 4- bedroom townhome units located to the interior of the site. The project will be marketed to students but may also include tenants who are not attending college. The housing project will provide needed rental units for the growing student population in Fort Collins within a managed setting with recreational opportunities on-site. The low-profile design of the project allows it to easily blend with nearby single family housing and is a good design fit for the neighborhood. The Structure Plan Map needs to be amended in order to re-designate approximately 12.7 acres of land located adjacent to the existing M-M-N parcel. The resulting larger M-M-N site will be able to accommodate the proposed student housing project and create an appropriate mid-block land use transition between industrial development and single-family neighborhoods. A larger site is necessary in order to create a project that is sensitive to neighborhood compatibility by providing small scale buildings, lower building heights, on-site management, on-site recreation, open space, water quality treatment and detention areas. Packet Pg. 196 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 4 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com x The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. The proposed Structure Plan Map amendment will allow a rezoning to the M-M-N zone and development of the applicant’s proposed multi-family project that is consistent with and supported by City Plan Principles and Policies. The net acreage of the existing M-M-N site is less than 14 acres, while approximately 20-25 acres is required to develop a project that is consistent with City Policies related to student housing, transitional land use and neighborhood compatibility. (See Planning Objectives - Attachment A). Allowing an increase in the size of the existing M-M-N property northeast of the intersection of Lincoln and Lemay Avenues will provide a needed land use transition between existing industrial development and existing single-family neighborhoods to the northwest. The 12.7 acres proposed to be rezoned is intersected by International Boulevard, Duff Street and Webster Street resulting in four small separate and odd shaped parcels that would be difficult to develop. Any potential loss of employment opportunities associated with the existing industrial zoned land is more than off-set by Woodward moving its campus to the property located southwest of the Lincoln and Lemay intersection. It is anticipated that Woodward will build 600,000 square feet of office and manufacturing space in four phases retaining and/or creating between 1400 and 1700 primary jobs on the 101-acre Links-n-Greens site. Packet Pg. 197 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 5 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com Capstone Cottages Request for Re-zoning In conjunction with the Applicant’s request for an Amendment to the City’s Structure Plan Map, the applicant is also requesting a rezoning of 12.7 acres from Industrial-I to Medium Density Mixed-Use Neighborhood District (M-M-N) and rezoning of 0.070 acres of future road right-of-way from the Medium Density Mixed Use Neighborhood District (M-M-N) to the Industrial District (I). Criteria The City’s Land Use Code outlines the process and the criteria that the decision-makers shall use in approving or denying re-zoning requests. Criteria are listed below in italic with a narrative following. (2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or The proposed rezoning of 12.7 acres will create a larger M-M-N zoned site (22.9 net acres) that will be able to accommodate the development of a student housing project that is financially feasible, and consistent with City Plan policies regarding medium density residential development, transitional land use and neighborhood compatibility. The proposed cottage-style student-oriented housing project, for example, is consistent with and supported by many City Plan Principles and Policies (see Planning Objectives - Attachment A). The rezoning of the small piece of road right-of-way to I, consistent with the zoning of the adjacent property, is consistent with City policies regarding logical and orderly development and its practices regarding the zoning of rights-of-way. (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. In addition to being consistent with the City’s Comprehensive Plan, the proposed re-zoning is also warranted by changed conditions within the neighborhood surrounding and including the subject property. The following changes have occurred in the surrounding neighborhood that support the proposed change from I to M-M-N. x The airport is no longer in operation. Concerns raised by City staff in the 2003 consideration of a rezoning to M-M-N included concerns about locating residential areas too close to the airport. With the closure of the airport, this concern is no longer an issue. Packet Pg. 198 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 6 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com x Woodward is building a new campus on the 101-acre Links-n-Greens site at the southwest corner of the Lincoln and Lemay intersection. The City specifically added light industrial and heavy industrial uses to the zoning for the site to accommodate Woodward’s new office/manufacturing campus that is anticipated to retain and/or create between 1400 and 1700 primary jobs. The loss of 12.7 acres of I-zoned property is more than offset by the increase in industrial uses and jobs realized by the Woodward project. x The Master Street Plan alignment of streets in the area will require several acres of the subject property to be dedicated as right-of-way, leaving only very small and odd shaped parcels of I- zoned land which would be very difficult to develop as industrial uses generating employment. Street alignments proposed on the Master Street Plan reduce the amount of existing M-M-N property. Lemay Avenue is proposed to swing to the east to go around the east side of the San Cristo/Andersonville neighborhood when the future Vine/Lemay overpass is constructed. Lincoln Avenue as shown on the Master Street Plan swings to the north connecting to the future International Boulevard. The design of the Lincoln Avenue/International Boulevard intersection has not been determined; however, if the ultimate design includes a swing to the north (as indicated in the MSP) or a round-about, either solution would further reduce the M-M-N site. On the north side of the property, the future Duff Drive aligning with Buckingham Street to the west will also affect the M-M-N site, cutting off a corner of the M-M-N site and adding a tract of land south of Duff Drive that is zoned I. x A portion of the original 18.32-acre M-M-N site (2 acres) has already been developed as the Bank of Colorado. x The net acreage currently available in the M-M-N zone for development of a medium density residential project has been reduced to less than 14 acres by the future street alignments and adjacent development. x Proposed pedestrian/streetscape improvements along Lincoln Avenue between the Lincoln Avenue/Lemay Avenue intersection and Riverside Avenue support a residential project at this location by providing convenient and safe access to Downtown utilizing alternative modes of travel. x The Mulberry and Lemay Crossings shopping center to the south provides a variety of goods and services including groceries. The commercial center functions like a neighborhood center, making medium density residential a land use transition that is well supported by City policies. x The Applicant has only recently been able to assemble adjacent properties in order to create an adequate size parcel for a student housing project that would be supported by City Plan and the City’s Land Use Code. x The assemblage of the various parcels and integration of the MSP streets will now allow for a mid-block land use change per City Plan Policy LIV 38.3. The 0.070 acres of land to be rezoned from the Medium Density Mixed Use Neighborhood District (M-M- N) to the Industrial District (I) is the result of the alignment of Duff Drive (shown on the MSP) that cuts off a triangle of land that would be more appropriately zoned I-Industrial to be consistent with I-Industrial zoned parcels adjacent to the street right-of-way. (3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval of any such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land; The proposed rezoning from I to M-M-N will enlarge the existing M-M-N zoned site so that it can be successfully developed and provide a transitional land use between existing industrial development and single-family neighborhoods located to the northwest. At the same time, it provides a transition from the Packet Pg. 199 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 7 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com community commercial development to the south and the neighborhoods to the northwest. City Plan’s Principle LIV 29 regarding M-M-N neighborhoods establishes that the zone district should be used as a transition and link between lower density neighborhoods and commercial or employment districts. In this case the M-M-N zoning does both. The proposed rezoning will further allow for a mix of housing types in the neighborhood and also allows for a transition of residential density from the higher density Buffalo Run Apartments to a project with smaller buildings, single-family and two-family dwellings, closer to lower density neighborhoods located to the northwest. Compatibility with the lower density neighborhoods to the northwest is achieved by the placement of smaller-scale, single-family like units on the perimeter of the property and by using architectural styles and design features that mimic single family neighborhoods. The proposed rezoning of the road right-of-way from M-M-N to I will result in its zoning being the same as the zoning of the adjacent parcels and is therefore appropriate. (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; The proposed rezoning from I to M-M-N would not have adverse impacts on the natural environment. The sites proposed to be rezoned have a few, small isolated pockets of wetlands and no significant wildlife habitats. Per the City’s Land Use Code any natural areas on the site determined to be valuable would need to be preserved or mitigated regardless of whether the property is zoned M-M-N or I. Likewise the rezoning will not result in significant adverse impacts on any other components of the natural environment including the air, noise, and/or stormwater management; any potential impacts will be addressed in accordance with the Land Use Code which applies to both zoning districts. In addition, approval of the rezoning and development of the project as proposed would include the planting of over 800 new trees and other plant material on the now vacant site that would provide habitat for insects and song birds as well as other urban adaptive species making the site more ecologically diverse than it is today. Finally, storm water management would meet the City’s Low Impact Development (LID) standards and improve the quality of storm water run-off. The rezoning of the road right-of-way from M-M-N to I will not result in any adverse impacts to the natural environment. (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The rezoning from I to M-M-N would allow the development of a medium density residential project at an appropriate location. City policies promote the development of medium density residential communities where the residents will have easy access to employment opportunities, shopping and recreational opportunities. The site that is proposed to be re-zoned from I to M-M-N is located near employment opportunities. Woodward is developing their office/manufacturing campus at the southwest corner of the intersection of Lincoln and Lemay Avenues. The Mulberry and Lemay Crossings commercial center located less than a quarter of a mile to the south provides needed goods and services as well as employment opportunities. The site is located approximately one half mile from Buckingham Park and less than a mile from the Poudre River bike trail, which provides access to other parks and natural areas. Packet Pg. 200 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) Capstone Cottages PDP Request for Structure Plan Map Amendment and Re-zoning May 7, 2014 Page 8 of 8 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662 www.ripleydesigninc.com M-M-N zoning at this key site provides an orderly land use transition both from the east and from the south. The M-M-N zoning creates a buffer between existing industrial uses and the single family neighborhoods located to the north (San Cristo/Andersonville and Alta Vista). The proposed re-zoning will allow the land use transition from industrial to residential to be made at a mid-block location (east of International Boulevard) which is supported by City Policy LIV 38.3 –Land Use Transitions. A logical and orderly transition would also be created from south to north. The Wal-Mart commercial center is adjacent to a relatively high density multi-family project, Buffalo Run Apartments at 16.78 dwelling units per acre. The area proposed to be rezoned is located between Buffalo Run and single family neighborhoods to the north (San Cristo/Andersonville and Alta Vista). The proposed project associated with the re-zoning request, Capstone Cottages, at 7.5 dwelling units to the acre, would provide a transition in residential density from Buffalo Run to single family areas located to the north. The rezoning of the future road right-of-way from M-M-N to I is logical and consistent with City practices to have consistency with the zoning of the adjacent parcels. Packet Pg. 201 Attachment11.4: Justifications - Rezoning and Plan Amendments (2741 : Capstone Cottages - Plan Amendment and Rezoning) 1 City Council Hearing January 6, 2015 Capstone Cottages – Plan Amendment/Rezoning ATTACHMENT 5 Packet Pg. 202 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 2 Project Description: • Request for Plan Amendment to change land use designation of 12.7 acres from Industrial to Medium Density Mixed-Use Neighborhoods (M-M-N) - East Mulberry Corridor Plan Map - City Structure Plan Map • Request to Rezone 12.7 acres from Industrial to M-M-N • Request to Rezone 0.070 acres from M-M-N to Industrial Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 203 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 3 Capstone Cottages – Plan Amendment/Rezoning Capstone Cottages Site Lemay Ave Packet Pg. 204 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 4 Capstone Cottages – Plan Amendment/Rezoning Context Map Packet Pg. 205 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 5 City Plan Minor Amendment Criteria: § The existing City Plan and/or any related element thereof is in need of the proposed amendment, and § The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 206 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 6 The existing City Plan and/or any related element thereof is in need of the proposed amendment. • Plan Amendments are needed in order to re-designate land from Industrial to M-M-N located adjacent to the existing M-M-N parcel. • Additional M-M-N designated land through consolidation of parcels is necessary to create a site that is large enough to accommodate a project that is consistent with City policies related to M-M-N development. • The larger site will provide expanded transitional land use and buffers, neighborhood compatibility, and coordination of public street alignments under single ownership. Packet Pg. 207 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 7 Vacant M-M-N Land Packet Pg. 208 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 8 Vacant Medium Density Mixed-Use Neighborhoods M-M-N Parcels Parcel Size (acres) # of Parcels Size (all parcels) 0 – 10 18 62.92 10 – 20 7 104.23 20+ 4 134.15 Total: 29 301.3 Existing Student Housing Project Sizes: The Grove – 27.48 acres Aspen Heights – 31.01 acres Packet Pg. 209 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 9 The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. City Plan – Medium Density Mixed Use Neighborhoods (M-M-N) Purpose: • M-M-N are intended to function together with centrally located commercial center, …providing gradual transition in development intensity and use to the surrounding lower density neighborhoods. • M-M-N will be unified with surrounding neighborhoods through a connected pattern of street and blocks. Packet Pg. 210 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 10 The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. • The location and proposed increase in size of the M-M-N designation is adjacent to the existing Mulberry/Lemay Crossing Shopping Center which includes a supermarket, transit facilities, employment and the Poudre River. • An expanded M-M-N designation will provide increased opportunity to establish a transition and link between lower density neighborhoods, commercial, employment and industrial uses. • The proposed amendment will enable better coordination of planned alignment and connections of public streets in the area. Packet Pg. 211 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 11 Capstone Cottages – Plan Amendment/Rezoning East Mulberry Corridor Plan – Existing Map Packet Pg. 212 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 12 Capstone Cottages – Plan Amendment/Rezoning East Mulberry Corridor Plan – Proposed Map Packet Pg. 213 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 13 Capstone Cottages – Plan Amendment/Rezoning City Structure Plan – Existing Map Packet Pg. 214 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 14 Capstone Cottages – Plan Amendment/Rezoning City Structure Plan - Proposed Map Packet Pg. 215 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 15 Land Use Inventory Map 865 Acres – Vacant Industrial Land Inventory (shown in light pink) Packet Pg. 216 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 16 Land Use Code Division 2.9 – Amendment to the Zoning Map: Division 2.9 (H) (2) – Mandatory Requirements for Quasi- judicial Zonings or Rezonings: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 217 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 17 Division 2.9 (H) (2) (a) - Consistent with City Plan; The Rezoning will be consistent with the City Structure Plan and the East Mulberry Corridor Plan Maps if approved for the following changes: • The existing 15.8-acre parcel and proposed amendment for the 12.7-acre parcel to be M-M-N • The existing .07-acre parcel to be Industrial Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 218 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 18 Division 2.9 (H) (2) (b) – Changed Conditions: • Woodward Technology Campus under construction • Mulberry/Lemay Crossing center functions similar to a Neighborhood Commercial Center • Expanded M-M-N designation supporting a Commercial Center can only occur north of Mulberry/Lemay Crossing • Coordination of the Master Street Plan may lead to a shift of arterial street alignment and intersection location • Consolidation of existing Industrial parcels will allow for better coordination of new street connections Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 219 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 19 Division 2.9.4 (H)(3) (a) – Compatibility: • Site located at intersection of two arterial streets • Adjacent to existing Mulberry/Lemay Crossing Center • Surrounded by vacant and existing Industrial lands • Close proximity to the existing Andersonville/San Cristo and Via Lopez neighborhood • Combined 28.5-acres of M-M-N land acts as land use transition Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 220 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 20 Division 2.9.4 (H)(3) (b) – Impacts on Natural Environment: • Rezoning will not have an adverse impact on the natural environment • A few small pockets of wetlands exist • No significant wildlife habitat • If any natural areas are determined to be valuable – need to be preserved or mitigated per Land Use Code Section 3.4.1. Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 221 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 21 Division 2.9.4 (H)(3) (c) – Logical and Orderly Development Pattern: • Consistent with City Plan for M-M-N next to Low Density Neighborhood, Commercial Center, and Industrial • M-M-N allows for a mix of land uses that are complementary to surrounding uses and support transit • Expanded M-M-N allows for greater ability to establish transition between higher intensity uses and lower intensity uses • Expanded M-M-N provides more opportunity to coordinate future public streets Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 222 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 22 Capstone Cottages – Plan Amendment/Rezoning Zoning – Existing Map Packet Pg. 223 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 23 Capstone Cottages – Plan Amendment/Rezoning Zoning – Proposed Map Packet Pg. 224 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) 24 City Council Hearing January 6, 2015 Capstone Cottages – Plan Amendment/Rezoning Packet Pg. 225 Attachment11.5: Powerpoint presentation (2741 : Capstone Cottages - Plan Amendment and Rezoning) - 1 - RESOLUTION 2015-004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY’S STRUCTURE PLAN MAP WHEREAS, the City has received an application to rezone certain property located northeast of the Lincoln Avenue/Lemay Avenue intersection; and WHEREAS, the applicant for the Capstone Cottages Rezoning has requested an amendment to the City’s Structure Plan Map so as to enable the rezoning of certain property located northeast of the Lincoln Avenue/Lemay Avenue intersection from the Industrial (“I”) Zone District to the Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District and to rezone certain property from the Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District to the Industrial (“I”) Zone District; and WHEREAS, the City Council has received a favorable recommendation of the Planning and Zoning Board with regard the proposed amendment to the City’s Structure Plan Map upon the basis that the existing map is in need of the proposed amendment and that the proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof; and WHEREAS, the City Council has determined that the proposed amendment of the City’s Structure Plan Map is in the best interests of the citizens 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 finds that the City’s existing Structure Plan Map is in need of the amendment requested by the applicant for the Capstone Cottages Rezoning. Section 2. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit “A” attached hereto and incorporated herein by this reference. Packet Pg. 226 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of January, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 227 Weld County Larimer County TLeakrrey Cobb Lake RTeimsenravtohir Fossil ReseCrvroeierk Trilby H o r s e t o o t h R e s e r v o i r Cache La Poudre River Shields Taft Hill College Overland Trail Mulberry Prospect Drake Horsetooth Timberline Harmony Vine ¦¨§25 Lemay ¤£ 287 ¤£287 Willox Mountain Vista Ziegler Douglas CR 52 Carpenter Country Club SH 392 LindLeankmeeier Pond Long Reservoir Windsor SH 1 CR 56 SH 14 CR 5 CR 38E ¦¨§25 CR 54G CR 58 CR 30 CR 3 WCR 1 CR 23 Cache La Poudre River Loveland Windsor Timnath HMoorsuenttoaointh Park SLtoartye Park Foothills CSU Campus GMA Expansion Area La Porte Wellington - 1 - RESOLUTION 2015-005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE EAST MULBERRY CORRIDOR PLAN MAP WHEREAS, the City has received an application to rezone certain property located northeast of the Lincoln Avenue/Lemay Avenue intersection; and WHEREAS, the applicant for the Capstone Cottages Rezoning has requested an amendment to the East Mulberry Corridor Plan Map so as to enable the rezoning of certain property located northeast of the Lincoln Avenue/Lemay Avenue intersection from the Industrial (“I”) Zone District to the Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District and to rezone certain property from the Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District to the Industrial (“I”) Zone District; and WHEREAS, the City Council has received a favorable recommendation of the Planning and Zoning Board with regard the proposed amendment to the East Mulberry Corridor Plan Map upon the basis that the existing map is in need of the proposed amendment and that the proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof; and WHEREAS, the City Council has determined that the proposed amendment of the East Mulberry Corridor Plan Map is in the best interests of the citizens 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 finds that the existing East Mulberry Corridor Plan Map is in need of the amendment requested by the applicant for the Capstone Cottages Rezoning. Section 2. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Section 3. That the East Mulberry Corridor Plan Map is hereby amended so as to appear as shown on Exhibit “A” attached hereto and incorporated herein by this reference. Packet Pg. 229 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of January, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 230 AI (il ( gj ( gj ú ú ú ú ú ú ú ú S Ti m berline R d 9th St E M o untain Ave E Mul b erry St E Vine Dr E County Road 48 E Lincoln Ave N Timberline Rd E Prospect R d S Sum m it View Dr Rive r side A v e S Lemay Ave N L emay A ve !"`$ ÕZYXW Grade Separated Intersection Bridge Type úBike úStreet Study Area Boundary Commercial Use (See Floodplain Reg's.) Major Street Names Product Corridor (City Regulated) Proposed (ilPark Neighborhood Park ( gj Mini Park Freeway 6-Lane Arterial 4-Lane Arterial - 1 - ORDINANCE NO. 007, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE CAPSTONE COTTAGES REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the rezoning of the property that is the subject of this ordinance, and has determined that said property should be rezoned as hereafter provided; and WHEREAS, by Resolution 2015-004 and Resolution 2015-005, the City Council has heretofore made corresponding amendments to the City’s Structure Plan Map and the East Mulberry Corridor Plan Map; and WHEREAS, the City Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from Industrial (“I”) Zone District, to Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District and Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District to Industrial (“I”) Zone District, for the following described properties in the City known as the Capstone Cottages Rezoning: Property to be Rezoned to the Medium Density Mixed-Use Neighborhood Zone District: TRACTS OF LAND BEING A PORTION OF THE WEST HALF OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Packet Pg. 232 - 2 - CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, T7N, R68W AS BEARING NORTH 00° 33' 51" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: PARCEL 1: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, NORTH 00° 33' 51” EAST, 993.60 FEET; THENCE, SOUTH 89° 26' 09” EAST, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF LEMAY AVENUE; THENCE, SOUTH 89° 26' 09” EAST, 206.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 37° 27' 48” EAST, 230.87 FEET; THENCE, SOUTH 60° 52' 44” EAST, 386.22 FEET; THENCE, NORTH 89° 26' 09” WEST, 477.85 FEET TO THE POINT OF BEGINNING, CONTAINING 44,112 SQUARE FEET OR 1.013 ACRES MORE OR LESS. PARCEL 2: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, NORTH 00° 33' 51” EAST, 993.60 FEET; THENCE SOUTH 89° 26' 09” EAST, 820.98 FEET; THENCE, SOUTH 00° 33' 51” WEST, 57.82 FEET TO THE POINT OF BEGINNING; THENCE, SOUTH 60° 52' 44” EAST, 589.12 FEET; THENCE, SOUTH 32° 39' 26” WEST, 30.06 FEET; THENCE, SOUTH 60° 52' 44” EAST, 100.57 FEET; THENCE, SOUTH 29° 07' 16” WEST, 300.00 FEET; THENCE, SOUTH 60° 52' 44” EAST, 206.10 FEET; THENCE, SOUTH 29° 07' 16” WEST, 560.00 FEET TO THE CENTERLINE OF LINCOLN AVENUE, THENCE ALONG SAID CENTERLINE THE FOLLOWING 2 COURSES AND DISTANCES: NORTH 60° 52' 44” WEST, 299.35 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 05° 20' 02” WITH A RADIUS OF 1156.00 FEET, AN ARC LENGTH OF 107.62 FEET AND THE CHORD OF WHICH BEARS NORTH 63° 32' 35” WEST, 107.58 FEET; THENCE DEPARTING SAID CENTERLINE, NORTH 00° 33' 51” EAST, 1018.98 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 509,229 SQUARE FEET OR 11.690 ACRES MORE OR LESS. Property to be Rezoned to the Industrial Zone District: A TRACT OF LAND BEING A PORTION OF THE WEST HALF OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, T7N, R68W AS BEARING NORTH 00° 33' 51" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: PARCEL 3: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, NORTH 00° 33' 51” EAST, 993.60 FEET; THENCE SOUTH 89° 26' 09” EAST, 820.98 FEET TO THE POINT OF Packet Pg. 233 - 3 - BEGINNING; THENCE, SOUTH 00° 33' 51” WEST, 57.82 FEET; THENCE, NORTH 60° 52' 44” WEST, 120.95 FEET; THENCE, SOUTH 89° 26' 09” EAST, 106.23 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,071 SQUARE FEET OR 0.070 ACRES MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above- described property to be rezoned into the Industrial Zone District is not included in the Residential Neighborhood Sign District and the property to be rezoned into the Medium Density Mixed-Use Neighborhood Zone District is included in the Residential Neighborhood Sign District. Section 3. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 234 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 6, 2015 City Council STAFF Janet Miller, Human Resources Director SUBJECT Second Reading of Ordinance No. 180, 2014, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Salary of the City Manager. EXECUTIVE SUMMARY City Council met in executive session on November 12, 2014 to conduct the performance review of City Manager Darin Atteberry. This Ordinance, adopted on First Reading on December 16, 2014, by a vote of 5-2 (nays: Cunniff, Overbeck) establishes the 2015 salary of the City Manager at $244,839. STAFF RECOMMENDATION Not applicable. ATTACHMENTS 1. First Reading Agenda Item Summary, December 16, 2014 (PDF) 2. 2014-2015 Benefits Comparison Chart (PDF) 3. Ordinance No. 180, 2014 (PDF) Packet Pg. 235 Agenda Item 25 Item # 25 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Amy Sharkey, Benefits & HRIS Manager SUBJECT First Reading of Ordinance No. 180, 2014, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Salary of the City Manager. EXECUTIVE SUMMARY The purpose of this item is to set the 2015 salary for the City Manager. City Council met in executive session on November 12, 2014 to conduct the performance review of City Manager Darin Atteberry. This Ordinance establishes the 2015 salary of the City Manager. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year. In 2014, the total compensation paid to the City Manager included the following: 2014 Salary and Benefits Annual Salary $237,708 Medical Insurance $ 8,316 Dental Insurance $ 516 Life Insurance $ 414 Long Term Disability $ 1,098 ICMA (457) $ 7,131 ICMA (401) $ 23,771 Car Allowance $ 9,000 Total Monetary Compensation $287,955 Non-Monetary Benefits Vacation (30 days per year) Holidays (11 days per year) Resolution 2014-096, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation ATTACHMENT 1 Packet Pg. 236 Attachment12.1: First Reading Agenda Item Summary, December 16, 2014 (2750 : SR 180 Salary-CM) Agenda Item 25 Item # 25 Page 2 to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin Atteberry’s 2015 salary. Packet Pg. 237 Attachment12.1: First Reading Agenda Item Summary, December 16, 2014 (2750 : SR 180 Salary-CM) Prepared by Human Resources December 16, 2014 City Manager Monetary Monetary % Increase 3.00% Base Salary $237,708 Base Salary $244,839 Medical Insurance 8,316 Medical Insurance 8,940 Dental Insurance 516 Dental Insurance 540 Life Insurance 414 Life Insurance 426 Long Term Disability 1,098 Long Term Disability 1,131 ICMA 457 7,131 ICMA 457 7,345 ICMA 401 23,771 ICMA 401 24,484 Car Allowance 9,000 Car Allowance 9,000 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days Total Compensation $287,955 Total Compensation $296,706 % Difference - Total Comp 3.0% $ Difference - Total Comp $8,750 2014 Projected 2015 ATTACHMENT 2 Packet Pg. 238 Attachment12.2: 2014-2015 Benefits Comparison Chart (2750 : SR 180 Salary-CM) - 1 - ORDINANCE NO. 180, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY MANAGER WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Manager; and WHEREAS, the City is committed to compensating its employees in a manner that is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, the City Council met with the City Manager to conduct a review and establish next year’s goals; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Manager to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council believes that the base salary of the City Manager should be established at the amount of $244,839 effective January 5, 2015, so that the total compensation of the City Manager in 2015 will be $296,706. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-596 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-596. Salary of the City Manager. The base salary to be paid the City Manager shall be two hundred forty- four thousand eight hundred thirty-nine dollars ($244,839.) per annum, payable in biweekly installments. Forty (40) percent of such sum shall be charged to the city electric utility, twenty (20) percent to the city water utility and forty (40) percent to general government expense. Section 2. That the effective date of the salary adjustment shall be January 5, 2015, to be paid retroactively within a reasonable period of time after this Ordinance becomes final. Packet Pg. 239 Attachment12.3: Ordinance No. 180, 2014 (2750 : SR 180 Salary-CM) - 2 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 240 Attachment12.3: Ordinance No. 180, 2014 (2750 : SR 180 Salary-CM) 2-Lane Arterial 2-Lane Collector AI Park & Ride Channels Existing Trail Proposed Trails Railroads Land Use Commercial Neighborhood Commercial Industrial Low Density Residential Medium Density Residential Urban Estate Natural Buffer Office / Employment Park/Cemetery 0 500 1,000 1,500 2,000 Feet Scale 1:18,000 © East Mulberry Corridor Plan FRAMEWORK Amended: Adopted: January July 16, 6, 2003 PLAN 2015 EXHIBIT A Packet Pg. 231 Attachment1: Exhibit A (2746 : Capstone Cottages Rezoning - East Mulberry Corridor Plan Map RESO) Bellvue Fort Loveland Collins - Separator Fort Wellington Collins - Separator StCadSiUum Carpenter CSU FRCC City Structure Plan Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) 0 0.5 1 1.5 2 Miles © CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Adopted: February 18, 1997 Amended: January 6, 2015 EXHIBIT A Packet Pg. 228 Attachment1: Exhibit A (2735 : Capstone Cottages Rezoning - Structure Plan Map RESO) will benefit the Airport’s future. Rebranding will support Airport marketing and more clearly express the Airport to the public. Gino Campana, Fort Collins Dave Clark, Loveland Ross Cunniff, Fort Collins Phil Farley, Loveland John Fogle, Loveland Mayor Cecil Gutierrez, Loveland Gerry Horak, Fort Collins Troy Krenning, Loveland Hugh McKean, Loveland Bob Overbeck, Fort Collins Lisa Poppaw, Fort Collins Joan Shaffer, Loveland Darin Atteberry Mike Beckstead Josh Birks Curt Burgener Bill Cahill Tom Dwyer Betsey Hale Jay Hardy Robert Hau Jerry Helgeson Annette Gilbert Cecil Gutierrez Stacy Johnson SeonAh Kendall Jason Kopp Jason Licon Martin Lind Stu MacMillian Deb Montgomery Malachi O’Neill Jim Parke Troy Peterson Curt Richardson Rich Shannon Ralph Trenary Karen Weitkunat Chauncey Taylor, Loveland Ralph Trenary, Loveland Wade Troxell, Fort Collins Mayor Karen Weitkunat, Fort Collins Jason Licon, Airport Director 1. Involve the two Cities and Larimer County in developing a new IGA for land development within the airport influence area. 1. Develop 10-year financial model for financial sustainability. 2. Clarify the Airport’s market and potential. 3. Resolve issues with through the fence agreements, both existing and future. 1. Encourage creation of an innovative aviation cluster through public private partnership. 2. Develop and issue request for airport development proposals. 3. Pursue a Charter Flight Service or Airline Guarantee program. 1. Create a new governance structure for approval by Cities 2. Adopt all necessary changes in an updated IGA for the Airport. 3. Encourage participation by stakeholders and the public. 1. Rebrand the Airport to create an enhanced regional identity. 2. Build stronger Airport public information program. AIRPORT MISSION The Fort Collins-Loveland (FNL) Airport will be Colorado’s premier regional airport supporting general aviation, regional air carrier services, and business opportunities for both aviation and non-aviation uses. The Airport is the front door and first impression to visitors of Fort Collins, Loveland, and Larimer County, and will reflect the regional values and vision of the communities it serves. The Airport will have an impressive gateway, compelling signage, and advertising to the 3 million travelers on I-25. The Airport will host a thriving general aviation community. The Airport has a clear, compelling role in our region and plays a critical role in our region’s economic health. Fort Collins and Loveland are aligned in attracting new enterprises that build upon Airport resources. The Airport will be part of an active multi-modal system that integrates air, highway, and rail transportation. The Airport has excellent physical facilities and infrastructure, a high quality fuel service provider with hanger facilities and exceptional service, and an excellent scheduled air service supporting over 10,000 enplanements per year. The Airport has facilities that service aircraft with turbine maintenance services, a quality restaurant, and an air museum. The Airport has based aircraft manufacturers attracting high quality jobs to the region. VISION FOR THE AIRPORT E DQG WRZQV &56 SURYLGH JHQHUDOO\WKDWDQDSSRLQWHHWR¿OO YDFDQF\RQWKHJRYHUQLQJERG\ZLOO serve only until his or her successor is HOHFWHGDWWKHQH[WHOHFWLRQDQGVZRUQ LQ6KRXOGWKHDSSRLQWHHZLVKWR FRQWLQXHLQRI¿FHKHRUVKHPD\ FLUFXODWHDQRPLQDWLQJSHWLWLRQDVZRXOG DQ\RWKHUTXDOL¿HGFLWL]HQZKRZLVKHVWR be a candidate. 4 ,IDQHOHFWHGRI¿FLDOKDVVHUYHGWKH PD[LPXPQXPEHURIFRQVHFXWLYH WHUPVLQDQHOHFWHGERG\DVD UHSUHVHQWDWLYHRIRQHGLVWULFWPD\ WKDWHOHFWHGRI¿FLDOPRYHWRD GLIIHUHQWGLVWULFWDQGLPPHGLDWHO\UXQ IRUHOHFWLRQWRWKHVDPHERG\WR UHSUHVHQWWKHQHZGLVWULFW" 1R$QHOHFWHGRI¿FLDOIURPDSDUWLFXODU GLVWULFWZKRKDVVHUYHGWKHPD[LPXP number of consecutive terms in an elected body is precluded from immediately running for election to that body from another district. 4 ,IDQHOHFWHGRI¿FLDOKDVVHUYHGWKH PD[LPXPQXPEHURIFRQVHFXWLYH WHUPVIRUDQ³DWODUJH´VHDWLQDQ HOHFWHGERG\PD\WKDWRI¿FLDO LPPHGLDWHO\UXQIRUHOHFWLRQWRD VSHFL¿FGLVWULFWVHDWLQWKDWERG\" &RQYHUVHO\LIDPHPEHUKDVVHUYHG WKHPD[LPXPQXPEHURIFRQVHFXWLYH WHUPVDVDUHSUHVHQWDWLYHIURPD SDUWLFXODUGLVWULFWPD\WKDWPHPEHU LPPHGLDWHO\UXQIRUDQDWODUJHVHDW WRWKHVDPHERG\" No. An “at-large” member of an elected ERG\ZKRKDVVHUYHGWKHPD[LPXP number of consecutive terms may not WKHUHDIWHUUXQIRUHOHFWLRQIRUDVSHFL¿F GLVWULFWVHDWLQWKHVDPHERG\6LPLODUO\ DPHPEHURIDQHOHFWHGERG\ZKR occupies a district seat and has served WKHPD[LPXPQXPEHURIFRQVHFXWLYH terms is precluded from running immediately thereafter for election to that body as a member “at-large.” 4 ,IDQHOHFWHGRI¿FLDOKDVVHUYHGWKH PD[LPXPQXPEHURIFRQVHFXWLYH WHUPVIRUERDUGFRXQFLOVHDWLQDQ HOHFWHGERG\PD\WKDWRI¿FLDO LPPHGLDWHO\UXQIRUHOHFWLRQWRD PD\RUDOVHDWLQWKDWERG\" Yes. Unlike above, the candidate is UXQQLQJIRUDVHSDUDWHRI¿FHHQWLUHO\ 7KXVWKHRI¿FHRIPD\RUDQG councilmember do not cumulatively stack as consecutive terms. By Rachel Allen, CML staff attorney The FAQ column features frequently asked questions submitted to the Colorado Municipal League. The questions and answers are not intended to be a substitute for legal advice from your own municipal attorney. Your municipal attorney may be aware of particular facts, charter provisions, or ordinances or may simply have an alternative interpretation of the relevant statutes. As always, if you have any questions or concerns regarding the interpretations of the relevant statutes or their application to your own situation, please consult your municipal attorney. If you have additional questions or would like sample ballot questions to opt out of term limits, please contact CML Staff Attorney Rachel Allen at rallen@ cml.org. The Voice of Colorado’s Cities and Towns FAQ: Term Limits SEPTEMBER 2011 ATTACHMENT 2 Packet Pg. 75 Attachment9.2: CML Publication FAQs Term Limits (2740 : Charter Amendments)