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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 11/18/2014 - COMPLETE AGENDACity 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 November 18, 2014 (Revised 11/17/14) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring December 2, 2014 as Giving Tuesday. B. Proclamation Declaring the Month of November as Pancreatic Cancer Awareness Month. C. Proclamation Declaring the Month of November as Native American Awareness Month. 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 who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ● State your name and address for the record ● Applause, outbursts or other demonstrations by the audience is not allowed ● Keep comments brief; if available, provide a written copy of statement to City Clerk  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 October 21, 2014 Regular Council meeting and the October 14 and October 28, 2014 Adjourned Council Meetings. The purpose of this item is to approve the minutes of the October 21, 2014 Regular Council meeting and the October 14 and October 28, 2014 Adjourned Council meetings. 2. Second Reading of Ordinance No. 138, 2014, Authorizing the Appropriation of Fiscal Year 2015 Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. This Ordinance, unanimously adopted on First Reading on October 21, 2014, authorizes the City of Loveland to appropriate the City of Fort Collins contribution, which is a 50% share of the 2015 Airport budget and totals $422,265. City of Fort Collins Page 3 This Ordinance also appropriates the City’s 50% share of capital funds, totaling $442,500 for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of the 2014 Airport capital funds, totaling $885,000, will be used to complete major Airport improvements including the second phase of the construction of a snow removal equipment storage facility, and the rehabilitation of roadways. 3. Items Relating to Utility Rates, Fees and Charges for 2015. A. Second Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. B. Second Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. C. Second Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees, and Charges. The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one Ordinance adjusting wastewater service rates for 2015. The City Manager’s Recommended 2015 City Budget includes small rate increases in the electric and wastewater utilities. The 1.9% electric rate increase is necessary due to increased operation and maintenance costs associated with the generation and transmission of the energy. The 3.0% wastewater rate increase is necessary to meet long-term capital improvement needs due to anticipated regulatory changes and aging infrastructure. Electric development fee changes are proposed due to changes in material costs. Water and wastewater plant investment fees were updated for 2014 and will not be updated again until 2016. These Ordinances were unanimously adopted on First Reading on October 21, 2014. 4. Second Reading of Ordinance No. 157, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. This Ordinance, unanimously adopted on First Reading on November 4, 2014, appropriates $4,973 awarded to the City by the Colorado Department of Public Health and Environment, transfer a matching amount of $4,973 from the 2014 General Fund and, combine these funds in the Environmental Services Radon Program account. The Radon Program carries out radon risk- reduction activities as identified in the current City budget. 5. Second Reading of Ordinance No. 158, 2014, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees. This Ordinance, unanimously adopted on First Reading on November 4, 2014, appropriate $88,344 of current year General Fund Revenue and prior year General Fund Reserves for a rebate to Woodward of development fees as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Fees. 6. Second Reading of Ordinance No. 159, 2014, Amending Section 2-568 of the City Code to add to the Ethical Rules of Conduct a Prohibition on Special Treatment and to Establish a Reporting Requirement for Councilmember Contacts with City Staff. This Ordinance, unanimously adopted on First Reading on November 4, 2014, promotes transparency and awareness in connection with Councilmember contacts with the administrative service of the City and to establish clear standards related to special treatment in the interpretation, City of Fort Collins Page 4 administration or enforcement of the Code, City regulations, policies or programs, or provision of City services by any City officer or employee. 7. Second Reading of Ordinance No. 160, 2014, Designating the Avery Duplex Cottage, 134-136 North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on November 4, 2014, designates the Avery Duplex, 134-136 North Sherwood, as a Fort Collins landmark. The owners of the property, Kevin and Suzanne Murray and Carl and Karen McWilliams, are initiating this request. 8. Second Reading of Ordinance No. 161, 2014, Designating the Garcia Property, 321 North Whitcomb Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on November 4, 2014, designates the Garcia Property, 321 North Whitcomb as Fort Collins landmark. The owner of the property, Kate A. Polk, is initiating this request. 9. Second Reading of Ordinance No. 162, 2014, Designating the 508 Remington Street Property, 508 Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on November 4, 2014, designates the 508 Remington Street Property, 508 Remington, as a Fort Collins landmark. The owner of the property, James L. MacDowell IIl, is initiating this request. 10. First Reading of Ordinance No. 165, 2014, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. The purpose of this item is to appropriate an additional $10,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee and will be used toward the cost of constructing a 22-foot x 46-foot storage garage at the far west end of the new parking lot. This storage shed will replace the four temporary units currently at the site and be used to store equipment and supplies used at the Senior Center. The total price to construct this shed is $30,500, Parks is contributing $14,000 toward their portion of the shed and the balance is being picked up by the project capital funds. 11. First Reading of Ordinance No. 166, 2014 Amending Section 20-92 of the Code of the City of Fort Collins Pertaining to Inoperable Motor Vehicles. The purpose of this item is to amend the inoperable motor vehicle ordinance to improve its enforceability in light of the general purpose for the provision, which is to prohibit the storage of inoperable vehicles within ordinary public view. 12. First Reading of Ordinance No. 168, 2014, Designating the William and Violet Jackson/Robert Bailey Property, 1306 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The owner of this property, Robert Bailey, is initiating this request for Fort Collins Landmark designation of the William and Violet Jackson/Robert Bailey Property at 1306 West Mountain Avenue. City of Fort Collins Page 5 13. Resolution 2014-103 Extending by One Year the Work-Completion Deadline Established in Resolution 2014-005 Regarding Cooperation and a Partnership with Larimer County on the Use of Tax Increment Financing. The purpose of this item is to extend City staff’s work-completion deadline in Resolution 2014-005 from December 15, 2014, to December 15, 2015. Resolution 2013-045 was originally adopted by City Council on May 7, 2013. Section 4 of that Resolution directs staff to work with Larimer County and other northern Colorado municipalities and affected property tax levying entities to develop an appropriate fiscal impact analysis model for evaluating financial impacts associated with the formation of tax increment financing districts and the use of tax increment financing. Resolution 2014-005 extended the work-completion deadline set in Resolution 2013-045 from December 15, 2013, to December 15, 2014. A team made up of representatives from various municipalities and tax levying entities within the County has developed a Purpose & Goals document, issued an RFP and selected EPS as the consultant to assist the team in developing a “fiscal impact analysis model”. The current timeline anticipates completion summer/fall of 2015. As such, an extension to December 15, 2015 is requested for the work-completion deadline established in Resolution 2014-005. 14. Resolution 2014-104 Adopting the 2015 Legislative Policy Agenda. The purpose of this item is to adopt the City Council's 2015 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions on legislation pending at the state and federal levels and as a general reference for state legislators and congressional delegation. This year, the Legislative Policy Agenda scope is expanded to allow consideration of county, state and federal regulatory matters by the LRC. 15. Resolution 2014-105 Amending the Board and Commission Manual Concerning Periodic Reviews. The purpose of this item is to amend the Board and Commission Manual by adopting a new Periodic Review Schedule. 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 6 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. 16. Items Relating to the Completion of the 2014 Fall Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal HOME Investment Partnership Program (HOME) and the City’s Affordable Housing Fund (AHF). (staff: Sharon Thomas, Beth Sowder; 10 minute staff presentation; 10 minute discussion) A. Public Hearing and Resolution 2014-101 Approving the Programs and Projects that Will Receive Funds from the Home Investment Partnership Program and the City’s Affordable Housing Fund. B. Public Hearing and First Reading of Ordinance No. 167, 2014, Appropriating Unanticipated Revenue in the Home Investment Partnership Program Fund. The purpose of this item is to approve the funding of the 2014 Fall Cycle of the Competitive Process. Resolution 2014-101 will complete the 2014 Fall Cycle of the Competitive Process for allocating $816,741 in City financial resources to affordable housing projects and the administration of the HOME program that began October 1, 2014. Ordinance No. 167, 2014 appropriates HOME Program Income received between April 1, 2014 and September 30, 2014 for affordable housing and planning/administration uses. 17. Second Reading of Ordinance No. 153, 2014,Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2015; Adopting the Budget for the Fiscal Years Beginning January 1, 2015, and Ending December 31, 2016; and Fixing the Mill levy for Fiscal year 2015. (staff: Lawrence Pollack, Darin Atteberry, Mike Beckstead; 5 minute staff presentation; 90 minute discussion) The purpose of this item is to present the Annual Appropriation Ordinance for Second Reading. This Ordinance sets the City Budget for the two-year period (2015-16) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $552,814,455 to be appropriated for fiscal year 2015. This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991. 18. Resolution 2014-106 Authorizing the City Manager to Submit a Train Horn Noise Waiver Petition to the Federal Railroad Administration. (staff: Dan Weinheimer, Joe Olson, Mark Jackson; 5 minute staff presentation; 15 minute discussion) The purpose of this item is to seek City Council permission to submit a request to the Federal Railroad Administration (FRA) for a waiver to the federal train horn noise rule for downtown Fort Collins. The waiver would include several proposed City actions in order to have trains stop blowing horns, except in emergency situations, when traveling from Laurel Street to College Avenue along City of Fort Collins Page 7 Mason Street. If Council approves, a waiver will be drafted pursuant to FRA regulations and provided to the FRA Rail Safety Board for action. 19. Second Reading of Ordinance No. 163, 2014, Amending the Land Use Code to Address Parking Issues Related to the Transit-Oriented Development (TOD) Overlay Zone. (staff: Seth Lorson, Laurie Kadrich, Cameron Gloss; 2 minute staff presentation; 20 minute discussion) This Ordinance, adopted on First Reading on November 4, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) amends the Land Use Code to revise residential and commercial off-street parking requirements as recommended by the Transit Oriented Development (TOD) Parking Study, also adopted on November 4. 20. First Reading of Ordinance No. 136, 2014, Amending Chapter 26 of the City Code Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or Modified Electric Service Connections. (Option A or B) (staff: Steve Catanach, Lance Smith, Janet McTague; 5 minute staff presentation; 10 minute discussion) The purpose of this item is to revise (Option A) or clarify (Option B) the City Code provisions relating to Electric Development Fees, in particular, Electric Capacity Fee Charges. The Ordinances clarify that the fees due are based on the rates effective on the date of final payment, but Council is presented with two options on how the fees are to be collected.  Option A: Option A is a timing change from current Code requirements. This option requires that 100% of the Electric Capacity Fee (ECF) be payable prior to the Utility initiating construction of the electric distribution system. Rates in effect at the time of payment would apply. Currently, only 50% of the fee is payable prior to construction with the remainder due prior to the electric system being energized. Option A also addresses how invoices issued prior to the adoption of this ordinance would be addressed.  Option B: Option B does not change the timing of current Code requirements. It requires at least 50% of the Electric Capacity Fee (ECF) to be paid as a deposit prior to the Utility initiating construction of the electric distribution system. The remaining ECF (final payment) would be due prior to the system being energized. Rates in effect at the time of final payment would apply to the entire development. Because Option B is not a change from current practice or intent of the current code, it would apply to all invoices issued before or after the adoption. No changes to the Electric Development Fee amounts are proposed as part of this ordinance. The ordinance changes the verbiage only. 2015 Electric Development Fee rate amounts are being adjusted in Ordinance No. 155, 2014 which was approved on first reading on October 21, 2014 and is scheduled for second reading on November 18, 2014. 21. 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. (staff: Lance Smith, Ellen Switzer, Kevin Gertig; no staff presentation; 5 minute discussion) Staff is requesting postponement of Second Reading of this Ordinance to December 16, 2014 to permit time for staff to meet with the Council Finance Committee on November 17 to discuss the financial implications of modifying City Code as passed on First Reading of this Ordinance as compared to other alternatives. This Ordinance, adopted on First Reading on October 28, 2014 by a vote of 4-2 (Nays: Cunniff, Overbeck), codifies the longstanding City policy and practice whereby the Light & Power Fund has been responsible for providing municipal street lighting as an in-kind payment to the General Fund as part of the Electric Utility’s payment in lieu of taxes and franchise fees. 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 City of Fort Collins Page 8 a payment in lieu of taxes). This 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.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  ADJOURNMENT A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, November 25, 2014. 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, Giving Tuesday was established as a national day of giving on the Tuesday following Thanksgiving; and WHEREAS, Giving Tuesday is a celebration of philanthropy and volunteerism where people give whatever they are able to give; and WHEREAS, Giving Tuesday is a day where citizens work together to share commitments, rally for favorite causes, build a stronger community, and think about other people; and WHEREAS, it is fitting and proper on Giving Tuesday and on every day to recognize the tremendous impact of philanthropy, volunteerism, and community service in the City of Fort Collins; and WHEREAS, Giving Tuesday is an opportunity to encourage citizens to serve others throughout this holiday season and during other times of the year. NOW, THEREFORE, I, KAREN WEITKUNAT, Mayor of the City of Fort Collins, do hereby proclaim December 2, 2014 as GIVING TUESDAY in the city of Fort Collins, and encourage all citizens to join together to give back to the community in any way that is personally meaningful. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, in 2014, an estimated 46,420 people will be diagnosed with pancreatic cancer in the United States and 39,590 will die from the disease and approximately 510 deaths will occur in Colorado; and WHEREAS, pancreatic cancer, one of the deadliest cancers, is the fourth-leading cause of cancer death in the United States; and is the only major cancer with a five-year relative survival rate at just six percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis, while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020; and WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Fort Collins and nationwide and supports those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS, the good health and well-being of the residents of Fort Collins are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby designate the month of November 2014 as PANCREATIC CANCER AWARENESS MONTH in Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples: and WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity, and greatness of America today, and WHEREAS, their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States, and WHEREAS, a Native American presence has been established in the Northern Colorado area for over 12,000 years; and WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month; and WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activities have been planned; and WHEREAS, local resources such as the Native American Cultural Center and Colorado State University play a vital role in assisting and providing the Fort Collins community with diverse programming. NOW, THEREFORE I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the month of November 2014 as NATIVE AMERICAN AWARENESS MONTH in the city of Fort Collins and urge all our citizens to observe this month with appropriate programs, ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the October 21, 2014 Regular Council meeting and the October 14 and October 28, 2014 Adjourned Council Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the October 21, 2014 Regular Council meeting and the October 14 and October 28, 2014 Adjourned Council meetings. ATTACHMENTS 1. October 14, 2014 (PDF) 2. October 21, 2014 (PDF) 3. October 28, 2014 (PDF) Packet Pg. 12 City of Fort Collins Page 422 October 14, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 9:00 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Nelson 1. Items Relating to the Construction of a New Utilities Administration Building and Renovation of 700 Wood Street. (Adopted) A. First Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program, for the Construction of a New Utilities Administration Building in Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. B. Resolution 2014-095 Directing the City Manager to Review Funding for Utilities Capital Improvements, Including Utilities Plant Investment Fees and Other Related Matters, and Report the Results of that Review for Further Council Consideration. The purpose of this item is to provide funding for the construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with $4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be appropriated with this ordinance. A Utility Building Team comprised of internal staff and external subject matter experts has worked with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to address the current building performance and space issues facing Fort Collins Utilities’ ongoing and future business operations. Balancing the city-wide goal to have high-performing office buildings with the need to be fiscally prudent has led the Building Team to recommend the two-pronged funding process proposed in this appropriation ordinance. The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share the costs of the projects. All appropriations will come from the existing reserves in these four funds. A Resolution is also being presented directing staff to investigate the use of development fees for additional types of capital needs such as facilities, modifying the information provided on customer utility bills to increase transparency and to evaluate the long term rate impacts of capital improvements. Kevin Gertig, Utilities Executive Director, discussed the project and stated the total project cost is $23.4 million. Mike Beckstead, Chief Financial Officer, discussed the community benefits of the proposed new building and noted existing office space does not meet customer service needs. Staff is in the process of completing ten year capital improvement plans for all utilities. Eric Sutherland, 3520 Golden Currant, opposed utilizing an adjourned meeting for First Reading of an ordinance and opposed the use of reserve funds for capital construction. Packet Pg. 13 Attachment1.1: October 14, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 423 Councilmember Cunniff asked about the funding sources being rates from utilities. Beckstead replied that is essentially correct; however, unanticipated revenue and underspent budget funds also end up in the reserve fund balance. Councilmember Cunniff requested an explanation of the plant investment fee (PIF). Beckstead replied the PIF is calculated based on the infrastructure costs plus the five year historical capital spend for the wet utilities. For light and power, the calculation is different. Councilmember Cunniff asked how often the increase in cost of capital expansion is included in rate increases. Beckstead replied construction inflation was not considered in the most recent light and power increase, as it was primarily due to PRPA increases. Previous rate increases have dealt with renewable energy. He stated upcoming wastewater rate increases are justified by capital needs. Councilmember Cunniff requested additional details prior to Second Reading. Councilmember Cunniff asked about the rationale behind dates in the Resolution. Beckstead replied current workload and needed public outreach were considered. Councilmember Cunniff requested the City Manager be directed to return with a staff report on or before March 10. Mayor Pro Tem Horak asked if standards exist for funds that should be available for contingencies. Beckstead replied each utility has a minimum fund standard; the available working capital is net of all of the requirements being taken out. The water reserve fund is expected to grow significantly in 2014 due to a combination of factors. Mayor Pro Tem Horak asked how the statement can be made that rates will not increase if this building is funded. Beckstead replied it has not been stated that rates will not go up. Mayor Pro Tem Horak stated previous presentations have indicated future rates will not increase because of this building. Beckstead disagreed with Mayor Pro Tem Horak's memory of the presentation stating there will be needs based on increased cost of service and increased potential capital needs that will be vetted out in 2015. Councilmember Campana asked how the rates are calculated in terms of the inclusion of capital expansion. Beckstead replied a better explanation of detailed utility rate-making could better be discussed by Lance Smith, Utilities Strategic Financial Planning Manager. Smith stated the rate- making process does involve a certain amount of capital investments being identified as part of the revenue requirements each year. He noted those funds are not necessarily specifically targeted for a building replacement or piece of infrastructure, but there is an average amount of capital investment needed year after year, which is assumed when making rate adjustments. Councilmember Campana requested additional detail on the issue prior to Second Reading. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2014-095, directing the City Manager to present a staff report on findings on or before March 10, 2015, and correcting the date to October 14, 2014. Packet Pg. 14 Attachment1.1: October 14, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 424 RESULT: RESOLUTION 2014-095 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Ross, Cunniff, District 5 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 137, 2014, on First Reading. Mayor Pro Tem Horak requested an explanation as to the assumptions being made regarding cost of service for new buildings prior to Second Reading. He expressed concern that Council may not have done its due diligence to make this decision based on solid information. RESULT: ORDINANCE NO. 137, 2014, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS  ADJOURNMENT The meeting adjourned at 9:41 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 15 Attachment1.1: October 14, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 425 October 21, 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 there were no changes to the published agenda.  CITIZEN PARTICIPATION Rex Peterson, Boy Scout Troop leader, stated his troop is here to learn about City government. Josh Kerson, Fort Collins resident, encouraged Council to allow electric bikes on multi-use paths. Mike Pruznick, Fort Collins resident, expressed concern that Fort Collins’ emergency cases are being transported to Medical Center of the Rockies. Fred Kirsch, Community for Sustainable Energy, discussed public awareness of sustainable energy and requested an improved efficiency financing program. Eric Sutherland, 3520 Golden Currant, discussed Item No. 12, First Reading of Ordinance No. 149, 2014 Approving a First Amendment to the Agreement with Woodward, Inc., encouraging the creation of a special improvement district, and stated Item No. 3, First Reading of Ordinance No. 139, 2014 Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for Fiscal Year 2015 and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2015, should have been pulled off the Consent Calendar and further vetted. Cheryl Distaso, Fort Collins Community Action Network, discussed changes to the Sustainability Department and encouraged additional emergency shelters and lockers for homeless individuals. Lisa Nothen, 433 Bow Creek Lane, discussed parking and transportation issues on the south side of town. Desiree Fisk, Fort Collins Homeless Coalition, encouraged efforts to continue with the discussions regarding needs for homeless individuals. Packet Pg. 16 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 426  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Troxell encouraged a trial period for allowing electric bikes on City multi-use trails.  CONSENT CALENDAR Councilmember Cunniff withdrew Item No. 10, First 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, from the Consent Calendar. Michael Pruznick, Fort Collins resident, withdrew Item No. 9, Items Relating to the Ethics Review Board Changes, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: 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 September 23, 2014 Adjourned Council Meeting and the October 7, 2014 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the September 23, 2014 Adjourned Council meeting and the October 7, 2014 Regular Council meeting. 2. First Reading of Ordinance No. 138, 2014, Authorizing the Appropriation of Fiscal Year 2015 Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. (Adopted) The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. This Ordinance authorizes the City of Loveland to appropriate the City of Fort Collins contribution, which is a 50% share of the 2015 Airport budget and totals $422,265. This Ordinance also appropriates the City’s 50% share of capital funds, totaling $442,500 for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of the 2014 Airport capital funds, totaling $885,000, will be used to complete major Airport improvements including the second phase of the construction of a snow removal equipment storage facility, and the rehabilitation of roadways. 3. First Reading of Ordinance No. 139, 2014 Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority Relating to the Annual Appropriations for Fiscal Year 2015 and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2015. (Adopted) The purpose of this item is to set the Downtown Development Authority (“DDA”) 2015 Operations and Maintenance Budget amount of $744,084 to be appropriated for fiscal year 2015 for the administrative operations budget, appropriate the 2015 Line of Credit Draw in the amount of $1,000,000, set the amount of $3,191,396 for debt service payments to be appropriated for fiscal year 2015 and set the 2015 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax Packet Pg. 17 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 427 year 2002. The approved Budget becomes the Downtown Development Authority’s financial plan for 2015. 4. Postponement of First Reading of Ordinance No. 128, 2014, Establishing Regulations for Persons Cultivating Marijuana in Non-Residential Structures Indefinitely. (Adopted) Staff requests postponement of this item indefinitely to allow time to review suggestions brought forward by caregivers and to ensure regulations are consistent with the Fire Code, Building Code, and the intent of the regulations. 5. Second Reading of Ordinance No. 129, 2014, Appropriating Unanticipated Revenue from the Colorado Department of Transportation into the Capital Projects Fund - City Bridge Program Project for the West Mulberry Street Bridge Replacement. (Adopted) This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates grant funds received from the federally funded Colorado Off-System Bridge Program in the amount of $700,000. This funding is for the replacement of the West Mulberry Street Bridge over the New Mercer Ditch, a structurally deficient bridge owned by the City. 6. Items Relating to the Clydesdale Park First and Second Annexations. (Adopted) A. Second Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park First Annexation. B. Second Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning Purposes the Property included in the Clydesdale Park First Annexation. C. Second Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park Second Annexation. D. Second Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning Purposes the Property included in the Clydesdale Park Second Annexation. These Ordinances, unanimously adopted on First Reading on October 7, 2014, annex and zone the existing Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75 acres. Residents of the Clydesdale Park neighborhood have requested annexation. The requested zoning for these annexations is the Low Density Mixed-Use Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan. 7. Second Reading of Ordinance No. 135, 2014, Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Existing Appropriations From the General Fund to the Capital Projects Fund for the Woodward Related Transmission Line Relocation Project. (Adopted) This Ordinance, unanimously adopted on First Reading on October 7, 2014, appropriates an additional $254,000 for the Transmission Line Relocation portion of the Woodard Public Improvements Project. 8. Items Relating to Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts between Funds or Projects. (Adopted) A. First Reading of Ordinance No. 140, 2014, Appropriating Prior Year Reserves and Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated Amounts Between Funds or Projects. B. First Reading of Ordinance No. 141, 2014, Appropriating Prior Year Reserves in the Benefits Fund for Unanticipated Expenditure Increases. Packet Pg. 18 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 428 C. First Reading of Ordinance No. 142, 2014, Appropriating Prior Year Reserves in the Transportation Services Fund to be Used to Cover Snow Removal Expenses. D. First Reading of Ordinance No. 143, 2014, Appropriating Prior Year Reserves in the Self- Insurance Fund for Insurance Expenses. The purpose of this item is for the Annual Year-End Adjustment. This year it is comprised of 4 separate ordinances. Ordinance No. 140, 2014, is for the appropriation of non-controversial expenses related to unanticipated revenue, grants, and unforeseen costs that had not previously been budgeted. Ordinance No. 141, 2014, appropriates funds from the Benefits Fund to cover unanticipated expenditures and employee benefits. Ordinance No. 142, 2014, appropriates funds for snow removal for the remainder of 2014 as the entire snow removal budget has been spent. Ordinance No. 143, 2014, appropriates prior year reserves for property and liability claims that are expected to exceed budget. 9. Items Relating to City Code Clarifications for Plant Investment Fees. (Adopted) A. First Reading of Ordinance No. 147, 2014, Amending Chapter 26 of the City Code to Revise Water Plant Investment Fees, Excess Water Surcharge Rates and Raw Water Requirements for Meters Larger Than Two Inches in Size. B. First Reading of Ordinance No. 148, 2014, Amending Section 26-284 of the City Code to Clarify the Calculation of Infiltration and Inflow in Determining Sewer Plant Investment Fees. The purpose of this item is to address several sections of Chapter 26 of the City Code relating to how plant investment fees are calculated and when the Excess Water Use Surcharge is applicable. These changes do not impact the amount charged for plant investment fees or the Excess Water Use Surcharge but rather seek to clarify the exact calculation of the fees. 10. First Reading of Ordinance No. 148, 2014 Approving a First Amendment to the Agreement with Woodward, Inc. (Adopted) The purpose of this item is to amend the Agreement with Woodward, Inc. and the Fort Collins Downtown Development Authority by changing a key date in the requirement of the City Manager to present City Council with a package to renew the Building on Basics dedicated sales tax including funding for Lincoln Boulevard Improvements. On April 2, 2013, City Council approved (6-1; Nays: Ohlson) on Second Reading the “Agreement with Woodward, Inc.” relating to the relocation and construction of the company’s headquarters and expanding its manufacturing and office facilities (the “Agreement”). The Fort Collins Downtown Development Authority (“DDA”) is also a party to the Agreement. The Agreement authorized a business assistance package that includes the reimbursement and rebate of taxes and contemplates construction of several public improvement projects. One aspect of the Agreement (Section 4.1(d)) relates specifically to improvements to Lincoln Boulevard. The Agreement contemplates that the City Manager will submit a package for City Council’s consideration that would help fund these improvements “by a renewal of the Building on Basics dedicated sales tax…on a schedule to allow consideration of that measure by voters no later than November 2014.” The current schedule contemplates consideration of a renewal of the Building on Basics dedicated sales tax in April 2015. Therefore, the Agreement requires amendment to reflect the new schedule and date. 11. First Reading of Ordinance No. 148, 2014, Vacating a City Trail Easement and Any Associated Rights on Colorado State University Property Between Centre Avenue and Bay Road. (Adopted) The purpose of this item is to vacate a trail easement, located between Centre Avenue and Bay Road, that was obtained from Colorado State University Research Foundation (CSURF) in 1979 (including any prescriptive rights that may exist). This segment of the Spring Creek trail was Packet Pg. 19 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 429 replaced with a new and superior alignment in 2013 from an additional trail easement obtained from Colorado State University (CSU) and Colorado State University Research Foundation. 12. Resolution 2014-096 Adopting an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Municipal Judge. (Adopted) The purpose of this item is to modify the performance evaluation process for the City Manager, City Attorney and Municipal Judge (Employees) to allow for flexibility in the methods used to gather input from Councilmembers for the annual performance review and to remove the requirement for a separate meeting with the Mayor, Mayor Pro Tem and each Employee to discuss the Employee’s compensation and benefits.  END CONSENT  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested information regarding the future of the Airport. City Manager Atteberry replied the Airport Steering Committee met recently to examine the Airport’s strategic visioning and tactical plan.  STAFF REPORTS Chief Gary Barbour, Frederick Police Chief and 2 nd Vice President of the Colorado Association of Chiefs of Police, presented Chief Hutto with a certificate from the Colorado Police Chiefs and Sheriffs Association, verifying that Fort Collins Police Services has met the State standards for accreditation. He discussed the standards which must be met in order to be accredited.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on a meeting with representatives from Poudre School District and Larimer County. Bbudget items and swimming pool funding were discussed. Councilmember Troxell reported on a visit to Niner Bikes and its receipt of the Governor’s Award for Colorado Companies to Watch. Mayor Weitkunat reported on the Niner Bikes visit and Fort Collins four winners of the Governor’s Award. Additionally, she reported on the Finance Committee meeting in which a long term financial plan was discussed.  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 13. First 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. (Postponed to October 28, 2014) The purpose of this item is to codify the longstanding City policy and practice whereby the Light & Power Fund has been responsible for providing municipal street lighting as an in-kind payment to the General Fund as part of the Electric Utility’s payment in lieu of taxes and franchise fees. 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). This change is consistent with Article V, Section 23 of Packet Pg. 20 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 430 the City Charter and with the wording used in City Code to reference the same fee paid by the Light & Power Fund. Councilmember Cunniff stated he pulled this item due to questions relating to legal issues and suggested the possibility of an executive session or postponement of consideration of the item. Eric Sutherland, 3520 Golden Currant, stated this item should receive additional consideration. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to postpone consideration of this item to the October 28 adjourned meeting. Councilmember Troxell requested rationale for the postponement request. Councilmember Cunniff replied he has unanswered questions regarding legal issues and would like to ask them in an Executive Session. Councilmember Troxell asked if the Executive Session could occur between readings. Councilmember Cunniff replied he would like the information prior to First Reading. RESULT: POSTPONED TO October 28, 2014 [6 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Cunniff, Horak NAYS: Troxell  DISCUSSION ITEMS 14. Items Relating to the Disposable Bags Referendum Petition. (Ordinance No. 152, 2014, Adopted on First Reading) A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags. (No Action Needed) AND B. First Reading of Ordinance No. 151, 2014, Repealing Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags. OR C. First Reading of Ordinance No. 152, 2014, Calling a Special Election for the Purpose of Submitting to the Registered Electors a Citizen Referendum of Ordinance No. 099, 2014 Amending Chapter 12 of the Code of the City of Fort Collins Establishing Regulations Regarding Disposable Bags OR D. Resolution 2014-097 Referring Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on April 7, 2015. On September 29, 2014, a referendum petition was filed with the City Clerk’s Office seeking to repeal Ordinance No. 099, 2014, Amending Chapter 12 of City Code to Establish Regulations Regarding Disposable Bags. On October 10, 2014, the City Clerk determined that the referendum petition was sufficient, absent a protest being filed by the October 9 deadline. Packet Pg. 21 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 431 Upon presentation to the Council of a petition certified as sufficient for referendum, the operation of the ordinance in question is automatically suspended pending repeal by the Council or final determination by the voters. If the ordinance is not repealed, the Council must refer the ordinance to a vote of the registered electors at the next regular or special City election scheduled for any other purpose. If the Council chooses to refer the measure to the voters, the Council may call a special election for this specific purpose. The earliest practical opportunity for a special election would be January 2015. If the Council chooses to wait until April 2015 to have the voters consider this issue, Resolution 2014-097 is presented to place the issue on the ballot and set the ballot language. If Council opts for a special election on another date, a revised Resolution will be presented to Council on November 4 in conjunction with Second Reading of the Ordinance calling the special election. City Clerk Nelson stated the purpose of this item is to present to Council a certified referendum petition. She reviewed the history of the disposable bag fee Ordinance and outlined Council’s options: repealing of Ordinance No. 099, 2014, referring the Ordinance to the April 7, 2015 regular election, or referring the Ordinance to a special election. Mike Pruznik, Citizens for Recycling Choices President, supported repealing the Ordinance. Dana Nance, 4215 Applegate Court, discussed plastic bags being made in the U.S. and reusable bags being made in China. Cathy Zitti, Fort Collins resident, supported repealing the Ordinance. Lisa Nothen, 433 Bow Creek Lane, supported repealing the Ordinance and stated the recordkeeping requirements are burdensome. Robert Unfug, Fort Collins resident, supported repealing the Ordinance. Joe Piesman, Fort Collins resident, supported the original Ordinance for the bag fee focused on grocery stores. He supported allowing a vote on the issue. Jeff Bailey, Citizens Against Bag Taxes President, supported repealing the Ordinance. Grant Hoekstra, 573 Dennison Avenue, supported repealing the Ordinance. Rudy Zitti, Fort Collins resident, supported repealing the Ordinance. Jim Burrill, 305 North Meldrum, supported repealing the Ordinance. Councilmember Troxell requested an update regarding the City’s use of plastic bags. City Manager Atteberry replied that is a difficult issue, particularly with regard to the Parks Department. He stated specific solutions will be forthcoming. Jeff Mihelich, Deputy City Manager, replied staff has completed a robust look at the City’s use of plastic bags throughout its operations and have determined compostable bags will be a remedy for many situations. He stated a more formal report will be forthcoming and implementation can occur immediately. Councilmember Troxell thanked those who organized the citizen initiative. Packet Pg. 22 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 432 Councilmember Troxell made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance No. 151, 2014, repealing Ordinance No. 099, 2014. Councilmember Poppaw stated she would not support the motion and stated she would like citizens to have the opportunity to vote on the issue. Councilmember Cunniff stated he would support the motion despite his belief that an election could potentially result in voters upholding the ban. Councilmember Campana expressed his belief that the City can be more innovative in its approach to waste management and commended the overall process. Mayor Pro Tem Horak stated he would support the motion. Councilmember Troxell supported allowing consumers to do the right thing at the point of purchase. Councilmember Campana commended the City organization’s efforts at reducing plastic bag use. Mayor Weitkunat stated she would support the motion and expressed respect for the process. RESULT: ORDINANCE NO. 151, 2014, ADOPTED ON FIRST READING [6 TO 1] MOVER: Wade Troxell, District 4 SECONDER: Gerry Horak, District 6 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Poppaw 15. Resolution 2014-098 Establishing Priority Actions to Create Zero Waste in Fort Collins. (Adopted as Amended) The purpose of this item is to present a resolution that expresses commitment to Fort Collins’ goal of Zero Waste by 2030. The resolution enumerates strategic actions for the City to take now and in coming years, which were developed for the Road to Zero Waste Plan to deliberately and systematically drive progress forward over the next decades. Lucinda Smith, Environmental Services Director, stated this Resolution identifies major steps which can be taken on the City’s road to zero waste. Susie Gordon, Senior Environmental Planner, discussed the City’s waste reduction goals and stated this Resolution would reinforce the City’s commitment to its zero waste goals and will increase waste diversion from landfill disposal. Joe Piesman, Fort Collins resident, supported the Resolution and supported funding for a regional recycling center and organics transfer station as well as a waste to clean energy program. Mike Pruznick, Fort Collins resident, supported the spirit of the Resolution but requested additional research on certain items. He supported solutions that generate choices rather than parental government. Packet Pg. 23 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 433 Mayor Pro Tem Horak questioned how this Resolution relates to the budget offers for the upcoming budget. Smith discussed the Environmental Services budget offers and stated funding for those will provide a good start toward funding for these items. City Manager Atteberry clarified those items are funded in the proposed recommended budget. Councilmember Cunniff asked if resources are adequate to study and inform Council in time for the mid-year budget adjustment. City Manager Atteberry replied in the affirmative and stated it would be rushed to attempt an offer before the budget is adopted. Councilmember Troxell stated waste should be thought of as a resource. He asked about a waste stream analysis. Smith replied the waste stream analysis budget offer would provide funding to help evaluate working with regional partners. Councilmember Troxell asked how citizens can be assured this Resolution is not a back door to another bag fee item. City Attorney Daggett replied Council could express its desire to not see that issue come forward as part of this effort. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-098 as amended per Councilmember Cunniff’s language. Councilmember Cunniff read his proposed language changes. Mayor Weitkunat expressed concern regarding the inclusion of a specific date for construction of the recycling facility. Councilmember Cunniff stated his concern was that the previous language could imply that the budget offers would not even begin construction until that date. Mayor Pro Tem Horak suggested reinserting "by December 31, 2016" meets the same intent. Councilmembers Cunniff and Troxell accepted the language change as a friendly amendment. Councilmember Troxell requested clarification on Councilmember Cunniff's language change relating to certain household hazardous waste. Councilmember Cunniff replied he was intending to refer to the plans staff had developed on which hazardous household waste would be recyclable. Gordon replied four items were considered: antifreeze, batteries, used oil and paint. Councilmember Cunniff stated the phrase could be replaced with the detailed list. Councilmembers held a brief discussion regarding packaging used by larger retailers. Councilmember Troxell suggested striking section D as proposed by Councilmember Cunniff. Councilmember Cunniff stated he would not support that change. Mayor Pro Tem Horak suggested leaving the first clause in section D and eliminating specifics in order to allow staff the flexibility to look at ideas. Councilmembers Troxell and Cunniff accepted the compromise language. Councilmember Troxell stated he would like to add a Whereas clause indicating Ordinance No. 151, 2014, was passed on First Reading. City Attorney Daggett suggested language indicating Council has opted to reach its zero waste goals through means other than bag fees or taxes. Councilmembers Cunniff and Troxell accepted the language change as a friendly amendment. Packet Pg. 24 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 434 Councilmember Campana expressed concern regarding language indicating direct solutions. Mayor Weitkunat clarified the language would read "including exploration." Councilmembers Cunniff and Troxell accepted the language change as a friendly amendment. Mayor Weitkunat commended the work on the Resolution. RESULT: RESOLUTION 2014-098 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 16. Second Reading of Ordinance No. 137, 2014, Appropriating Capital Project Funding in the Light and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program, for the Construction of a New Utilities Administration Building in Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on October 14, 2014, provides funding for the construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with $4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be appropriated with this ordinance. City Manager Atteberry discussed the history of this item and the need for the building improvements. He also noted staff’s recognition of the need for improvements to capital plan integration. Eric Sutherland, 3520 Golden Currant, questioned the necessity of this building and stated this building should not be a priority for the City’s Utilities. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 137, 2014, on Second Reading. Mayor Pro Tem Horak requested staff’s input regarding why the business case makes sense and benefits to the rate payers. Mike Beckstead, Chief Financial Officer, replied the Wood Street facility is out of space, the existing space does not meet fundamental needs, and the building is not energy efficient and is failing mechanically. Additionally, he discussed the need for a single point of contact location for Utility customers, the benefits of having a campus of municipal buildings, and the safety benefit of separating the operations center from the customer center. Kevin Gertig, Utilities Executive Director, discussed the age of the Wood Street building and the need to practice energy efficiency. Additionally, he discussed the need for improved customer service and stated there is a very rigorous process in place for underground infrastructure and treatment facilities capital projects. Mayor Pro Tem Horak stated there are compelling reasons to remodel the Wood Street facility; however, he requested additional information regarding the benefits for a new downtown building. Beckstead replied this building is needed as much as the other capital needs identified in the capital plan. He noted cash is available to fund the project and it would be a complicated transaction to fund with debt. City Manager Atteberry discussed the long-term value of a municipal campus. Packet Pg. 25 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 435 Councilmember Cunniff requested information regarding the capital maintenance plan for the facility. Beckstead replied the City’s ten-year capital plan will include ongoing maintenance costs for City infrastructure. Councilmember Cunniff questioned whether the plant investment fee (PIF) could cover capital costs for such office buildings in the future. Beckstead replied staff will be coming before Council in March with an evaluation of PIF and what can be done to include administration buildings in the PIF calculation. Councilmember Cunniff requested assurance that this type of issue will not come forth again. Beckstead replied administrative buildings have not been part of the Utilities capital plans for forty or fifty years. He admitted there is a need for improvement and stated buildings will be included in future capital plans. City Manager Atteberry replied other large municipal buildings were planned for many years, but were not part of a capital plan. He assured Council that future building needs will be part of a different process. Councilmember Cunniff asked if the project will be built as identified given rising construction costs. Ken Mannon, Operations Services Director, replied costs were increased by large energy improvement goals and by the inclusion of additional space. Councilmember Campana acknowledged the need for the improvements and new building but questioned whether the Wood Street location is the best for Utilities crew space. Mannon replied satellite facilities have been considered and ways to increase efficiency will be evaluated. Councilmember Campana asked how operations would be affected if that remodel were delayed until a full assessment was completed. Mannon replied the majority of the money for the remodel will go toward energy efficiencies rather than the renovation of space. City Clerk Nelson noted the actual Ordinance title contains a few clarifying words and read the title into the record. Mayor Weitkunat discussed the importance of the City being a role model for energy efficiency. RESULT: ORDINANCE NO. 137, 2014, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Wade Troxell, District 4 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak (Secretary's note: The Council took a brief recess at this point in the meeting.) 17. First Reading of Ordinance No. 153, 2014,Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2015; Adopting the Budget for the Fiscal Years Beginning January 1, 2015, and Ending December 31, 2016; and Fixing the Mill levy for Fiscal year 2015. (Adopted as Amended on First Reading) The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance sets the City Budget for the two-year period (2015–16) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $552,694,350 to be appropriated for fiscal year 2015. Including the 2015 adopted budgets for the General Improvement District (GID) #1 of $1,193,565 and General Improvement District (GID) #15 (Skyview) of $1,000 as well as the Urban Renewal Authority (URA) of $2,408,457 the total City operated appropriations amount to $556,297,372. Packet Pg. 26 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 436 This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991. City Manager Atteberry discussed the significant effort put into the development of this budget and noted the effort put into soliciting involvement from hard-to-reach populations. Additionally, he stated this budget is stronger with Council’s formal additions. Mike Beckstead, Chief Financial Officer, stated this budget is based on the City’s Strategic Plan. He discussed the high-level themes of the budget and highlighted specific items proposed for funding. There is a $3.5 million budget increase in 2015 and a $1.4 million increase in 2016 over the original recommended budget, based on Council-directed additions. He stated the dollars for those increases came from one-time funding, additional sales tax forecast for 2014, and other funding based on offer changes. This budget strengthens key services in Police, transportation, parks and recreation, enhances many items based on community priorities related to environment, social sustainability, transit, and key city infrastructure, continues the obligation to Fort Collins citizens to honor Keep Fort Collins Great commitments, and provides for long- term investments. Eric Sutherland, 3520 Golden Currant, opposed funding for the Boxelder Stormwater Authority and opposed stormwater policies. Chris Winslow, Fort Collins resident, supported funding for the Fort Collins Public Access Network. Bill DeMarco, 913 Kimball Road, supported the Climate Action Plan and funding for a fossil- free future. Janice Lynne, 218 South Washington, supported funding for climate change research Kevin Cross, Fort Collins Sustainability Group, supported funding for the LED street light replacement program and community engagement for a fossil-free future. Mike Pruznick, Fort Collins resident, supported funding for the Small Business Development Center and the Fort Collins Public Access Network. He encouraged funding for the fossil-free future item. Jerell Klaver, Solace Natural Bath and Body Care, opposed on-street paid parking. Tom Hoehn, 218 South Washington, supported funding for the LED street light replacement program. Cheryl Distaso, Fort Collins Community Action Network, supported funding for the Fort Collins Public Access Network, evening and night Transfort Service, the integrated pest management position, and lockers and cold weather shelters for homeless residents. Mayor Weitkunat requested clarification regarding downtown paid parking. Beckstead replied the pilot program for on-street paid parking has been removed from the budget; however, $50,000 has been added to the 2015 budget for public outreach and the policy discussion. Mayor Weitkunat requested clarification regarding the LED street light replacement program. Beckstead replied the total investment necessary for total replacement citywide is $6.3 million and the payback based on savings totaled about $275,000 per year. He stated the budget Packet Pg. 27 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 437 proposal was for one phase, at about $1 million, which had a thirty-two year payback. He stated the consensus was to let technology evolve and let costs come down prior to moving forward. City Manager Atteberry noted a significant amount of time was spent on the issue and staff concluded funding is not being recommended at this time due the issue of timing; however, he noted staff is very supportive of the project. Councilmember Cunniff asked if funding is adequate to do the type of planning necessary in anticipation of the LED replacement project being feasible. City Manager Atteberry replied additional resources are not needed at this point. Steve Catanach, Light and Power Executive Director, replied staff believes prices will be low enough by 2017 to make the project more attractive. Councilmember Poppaw requested specific answers to Ms. Distaso's questions. Bruce Hendee, Chief Sustainability Officer, replied the $25,000 budget offer provides $19,000 per year to provide for a homeless management information system and $6,000 for the winter shelter. The homeless management information system funds could be used for lockers if they are not needed by Homeward 2020 Councilmember Poppaw requested additional information regarding the coordination between the Housing Authority and Homeward 2020 regarding the topic prior to Second Reading. Councilmember Poppaw asked if Council would support setting aside funding for the lockers prior to Second Reading. Councilmember Campana asked if a location has been determined for the lockers. Councilmember Poppaw replied conversations are occurring regarding location. Hendee replied funding would be about $35,000 and that is likely discoverable; however, additional questions need to be answered. City Manager Atteberry requested confirmation that providing funding for lockers is Council's direction. Mayor Pro Tem Horak questioned whether the lockers are the sole responsibility of the City and stated he needs additional information prior to making a decision. Councilmembers Cunniff and Overbeck supported funding or partnering to fund the lockers and cold weather shelters. City Manager Atteberry stated an offer can be drafted prior to Second Reading. City Attorney Daggett stated an adjustment to the appropriation ordinance may also be required. Mayor Pro Tem Horak supported examining the lockers but stated he did not want to be prescriptive in declaring that lockers are the answer. Councilmember Troxell agreed with Mayor Pro Tem Horak stating this would be out of process. He suggested any solution needs to make sense in terms of making an impact on the homelessness issue in Fort Collins. Mayor Weitkunat stated other mechanisms exist for accommodating funding. Packet Pg. 28 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 438 Councilmember Cunniff noted the immediate importance of winter shelters and argued it is within the budget process to consider offers for policy outcomes such as lockers. City Manager Atteberry suggested having the conversation as part of 2014 rather than the next budget cycle. Councilmember Poppaw suggested the issue be discussed now rather than when the need for emergency winter shelters is immediate. Councilmember Cunniff requested information regarding the critical need for the laptop replacement funding in Police Services. Beckstead replied laptops are on a 5-year replacement cycle through the City's IT department. Police Chief Hutto replied this is an ongoing replacement of the laptops used in Police vehicles. Councilmember Troxell made a motion, seconded by Councilmember Campana to adopt Ordinance No. 153, 2014, as amended, on First Reading. Councilmember Cunniff requested support for including the community engagement for a fossil- free future offer and possibly the purchasing sustainability buyer offer. He asked if that position would still add value to and institutionalization of the sustainable purchasing program. Beckstead replied the position was already intended to be temporary and was funded through KFCG in 2013-14. He stated the sustainability push in purchasing will not decrease without this position. Councilmember Cunniff asked what could be accomplished with one more year of this position. Beckstead replied there is not a specific response to that question. Councilmember Cunniff requested support for restoring some or all of the funding for the Green Streets offer. Mayor Pro Tem asked about specifics regarding the fossil-free future offer and if the funds are slated to come from the General Fund. Lucinda Smith, Environmental Services Director, replied this item is intended to further develop and implement engagement strategies in the community to help meet the objectives of the Climate Action Plan, included limited funding for an hourly employee, one-time funding for a consultant to consider the messaging around climate action and the actions necessary to make the issue relevant to people, and funding for outreach and engagement. Beckstead replied the proposed funding source was KFCG; however, that funding has all been utilized. He stated the new funding source was planned to be General Fund; however, he understands the question about funding coming from Utilities. Mayor Pro Tem suggested the funds should come from whatever areas of the City will receive the benefit of the work. Beckstead replied he is uncertain if this would qualify as a Utility expenditure. Mayor Pro Tem Horak asked how public engagement staff will be involved if this item were to be funded. Smith replied the staff would be involved in any messaging and marketing campaign; however, resource limitations will require additional support to further engage the community. Councilmember Overbeck stated he would like the process to start with a vision and plan regarding a fossil-free future. Packet Pg. 29 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 439 Councilmember Troxell expressed support for the budget and new offers which Council has included over the last couple months. He questioned the need for including additional offers unless a compelling need exists. Mayor Pro Tem Horak expressed support for the overall item; however, he disagreed it is ready to be funded at this time. Councilmember Cunniff expressed the need to bring forth specific actions toward the Climate Action Plan sooner rather than later. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to restore full funding for the Green Streets program. He stated this item would provide street calming alternatives for neighborhood and secondary streets across the city. City Manager Atteberry noted Green Streets is geared specifically toward Remington. He suggested setting aside dollars to leverage opportunities for striping or traffic calming projects as part of the neighborhood revitalization offer. Councilmember Cunniff withdrew his previous motion and made a motion, seconded by Councilmember Overbeck, to include an additional $300,000 per budget year of street calming and neighborhood livability improvements within the neighborhood revitalization offer, 48.3. City Manager Atteberry clarified the General Fund and Light and Power each provide half of those dollars in each year and clarified the additional funds requested would need to come from the General Fund. Councilmember Campana expressed concern regarding the process of randomly adding pools of money to attempt to throw bandages on issues without a full vetting process. Councilmember Troxell agreed with Councilmember Campana's concerns. Mayor Weitkunat noted adjustments can be made during off-year budget discussions and did not support the amendment. Mayor Pro Tem Horak asked about the existing location of these items in the budget. Karen Cumbo, Planning, Development, and Transportation Services Director, replied neighborhood traffic calming comes from a variety of sources. Mayor Pro Tem Horak stated he would support some smaller numbers in this amendment with additional information being provided prior to Second Reading. Councilmember Cunniff made an amendment to his motion to request $100,000 from General Fund Reserves in 2015 and $400,000 from General Fund Reserves in 2016, in a budget item to be determined prior to Second Reading. Councilmember Overbeck accepted the amendment. Councilmember Troxell objected to the process and stated he would not support the motion to amend the budget. Mayor Weitkunat agreed. The vote on the motion to amend was as follows: Yeas: Overbeck, Campana, Horak, Cunniff and Poppaw. Nays: Troxell and Weitkunat. THE MOTION CARRIED. Packet Pg. 30 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 440 Mayor Pro Tem Horak discussed the lack of transit service to Foothills Gateway and stated the $150,000 would provide shuttle service to Foothills Gateway for transit-dependent Fort Collins residents Monday through Friday. He stated he is advocating for a budget offer to be presented for Council consideration at Second Reading. City Manager Atteberry agreed that is a blind spot in transit funding. (Secretary's note: The Council took a brief recess at this point in the meeting.) Mayor Weitkunat announced the two scheduled General Improvement District meetings following the regular Council meeting will be continued to November 4, 2014. Councilmember Cunniff suggested eliminating the Police training facility funding from the budget given information from Liberty Arms. Chief Hutto agreed the proposal represents an opportunity that will still need vetting. City Manager Atteberry noted the City's financial commitment was intended to match Loveland's contribution in design and engineering work; therefore, if the issue with Liberty Arms gets resolved, the intention is to move forward on design and payments will be due. City Manager Atteberry stated additional information will be provided prior to Second Reading. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to eliminate funding for the Assistant Manager at the Gardens on Spring Creek. Marty Heffernan, Cultural, Parks, Recreation and Environment Director, stated the offer would provide additional management support for future growth of the Gardens. The vote on the motion was as follows: Yeas: Horak, Cunniff, Poppaw and Overbeck. Nays: Troxell, Campana and Weitkunat. Councilmember Cunniff discussed the computer replacement policy and stated it would save the City $116,000 in 2015 and $86,000 in 2016 should the City stay with a five-year replacement policy versus switching to a four-year replacement policy. Beckstead replied the City's policy used to be a four-year replacement; however, that changed during the economic slowdown of 2009 and 2010 and the policy was changed to a five-year replacement. City Manager Atteberry stated this is more about a business practice rather than acquiring the newest machines. Dan Coldiron, Chief Information Officer, replied the City had been in a four- year replacement cycle and switched not only to a five-year policy, but to a break-fix mode which has created a situation in which the ramifications are still being dealt with. Several surrounding municipalities are on a four-year replacement cycle and staff's analysis took into account the full spectrum of costs related to maintaining PCs over time. The results of that research showed a break-even point at about four years with a dramatic total cost of ownership increase at five years. Additionally, he discussed concerns relating to operating system obsolescence. Councilmember Cunniff noted the operating system obsolescence is being driven currently by the Windows XP lifecycle ending; therefore a one-time offer for those replacements make sense. He stated hardware requirements have not changed for Microsoft operating systems since Windows Vista and therefore questioned the hardware replacement policy. Coldiron stated inefficiencies are being seen organization-wide, not solely in the CAD and GIS areas. Packet Pg. 31 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 441 Councilmember Cunniff requested additional specificity regarding the replacement policy prior to Second Reading. He went on to discuss other items he supported removing from the budget and requested an explanation of the exclusion of certain offers. Councilmember Overbeck discussed City employees making $8 an hour and suggested an increase to $9 or more per hour. He stated the City needs to take the lead on addressing wage gap issues. City Manager Atteberry stated the financial ramifications would likely be minimal given the City's total personnel budget. Councilmember Cunniff requested additional details prior to Second Reading. Mayor Weitkunat noted that is a compensation policy issue rather than a budget issue. City Manager Atteberry stated the issue could be dealt with as an appropriation in the budget or as part of a process outside the budget. RESULT: ORDINANCE NO. 153, 2014, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Wade Troxell, District 4 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  Motion to Extend the Meeting past 10:30 p.m. RESULT: ADOPTED [6 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Poppaw 19. Items Relating to Utility Rates, Fees and Charges for 2015. (Adopted on First Reading) A. First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. B. First Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. C. First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees, and Charges. The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one Ordinance adjusting wastewater service rates for 2015. The City Manager’s Recommended 2015 City Budget includes small rate increases in the electric and wastewater utilities. The 1.9% electric rate increase is necessary due to increased operation and maintenance costs associated with the generation and transmission of the energy. The 3.0% wastewater rate increase is necessary to meet long term capital improvement needs due to anticipated regulatory changes and aging infrastructure. Packet Pg. 32 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 442 The table above shows the overall changes in the operational revenues for each utility due to the proposed rate increases. In the discussion below the rate class specific adjustments are given for electric service. The proposed wastewater rate increase would be the same for all rate classes based on the wastewater cost of service study adjustments which were made for 2014. Electric development fee changes are proposed due to changes in material costs. Water and wastewater plant investment fees were updated for 2014 and will not be updated again until 2016. Lance Smith, Utilities Strategic Financial Planning Manager, introduced the three Ordinances: one increases electric rates by 1.9%, one adjusts electric development fees, and the third increases wastewater rates by 3%. Smith discussed the fee adjustments and the reasons for each. Eric Sutherland, 3520 Golden Currant, stated nothing has been done to capitalize on the investment made in smart meters, questioned the fixed charge increase, and stated marijuana grow operations should have electricity use taxed. Mike Pruznick, Fort Collins resident, asked about the fixed charge increase and questioned billing tier calculations. Smith stated the AMI smart meter investment facilitated the 2014 cost of service study, which is driving the decrease in the residential demand rate. The fixed charge consists of the cost of metering and generating and providing bills to customers, and while that charge has decreased for commercial users, a reallocation of costs on the residential billing side has increased and is being passed on in the fixed fee. Smith noted the fixed charge is a small portion of the fixed costs. Councilmember Cunniff stated conservation efforts could continue to be supported by subsidizing the fixed costs for some customers at the expense of others, as long as it is a benefit to the overall rate-payer structure. He asked if tiers will be changing as part of these adjustments. Smith replied in the negative. Councilmember Cunniff asked if existing capital plans are being used to model utility rates. Smith replied in the affirmative. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 154, 2014, on First Reading. 2015 Proposed Rate Adjustments Utility Proposed Adjustment Development Fees to Be Adjusted? Electric 1.9% Yes Water - - Wastewater 3.0% - Stormwater - - Packet Pg. 33 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 443 RESULT: ORDINANCE NO. 154, 2014. ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 155, 2014, on First Reading. RESULT: ORDINANCE NO. 155, 2014, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 156, 2014, on First Reading. RESULT: ORDINANCE NO. 156, 2014, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 20. Items Relating to Ethics Review Board Code Changes (Adopted on First Reading) A. First Reading of Ordinance No. 144, 2014, Amending Section 2-569 of the City Code Pertaining to Procedures of the Ethics Review Board. B. First Reading of Ordinance No. 145, 2014, Amending Section 2-568(a) of the City Code Pertaining to Definitions Applicable to Ethical Rules of Conduct. The purpose of the first ordinance is to adopt revisions to the City Code to simplify and expedite the process of initiating Ethics Review Board review of ethics complaints and to update provisions related to alternative composition of the Board in the event members of the Board are themselves the subject of a complaint. The second ordinance is intended to incorporate into the City Code the definitions related to conflicts of interest that are specified in the City Charter, and to add new definitions to assist in the interpretation and application of the conflicts of interest provisions in the City Charter and City Code. Mike Pruznick, Fort Collins resident, expressed concern regarding the decrease in “conflict of interest” items in this proposal. Mayor Weitkunat clarified one of the Ordinances to be considered with this item addresses the procedures of the Ethics Review Board and the other Ordinance adds definitions. City Attorney Daggett noted the provisions commented on are largely existing Charter definitions that are being added to the Code. Councilmember Cunniff stated this would incorporate definitions, as commonly interpreted by courts, into the Code. He noted citizens could put forth Charter amendments should they desire. Packet Pg. 34 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 444 Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 144, 2014, on First Reading. RESULT: ORDINANCE NO. 144, 2014 ADOPTED ON FIRST READING [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 Ordinance No. 145, 2014, on First Reading. RESULT: ORDINANCE NO. 145, 2014, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS  ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM on Tuesday, October 28, 2014, so the Council may consider such additional business as may come before the Council including a possible Executive Session. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak The meeting adjourned at 11:31 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 35 Attachment1.2: October 21, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 445 October 28, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff ABSENT: Horak Staff present: Atteberry, Daggett, Nelson  Executive Session Authorized. Councilmember Troxell made a motion, seconded by Councilmember Cunniff, to go into Executive Session for the purpose of meeting with the City's Attorneys and City Management Staff to discuss the following matters as permitted under Section 2-31(a)(2) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(b): (1) specific legal questions related to litigation or potential litigation involving the City regarding federal review and permitting Halligan Reservoir and regarding certain City water rights, and (2) the manner in which particular policies, practices, or regulations of the City related to infrastructure requirements for development and payment for street lighting operations may be affected by existing or proposed provisions of federal, state, or local law. RESULT: ADOPTED [UNANIMOUS] MOVER: Wade Troxell, District 4 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff ABSENT: Horak (Council adjourned into Executive Session and returned at 7:05 p.m.) 2. First 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 on First Reading) The purpose of this item is to codify the longstanding City policy and practice whereby the Light & Power Fund has been responsible for providing municipal street lighting as an in-kind payment to the General Fund as part of the Electric Utility’s payment in lieu of taxes and franchise fees. 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). This 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. Lance Smith, Utilities Strategic Financial Planning Manager, provided background on the payment in lieu of taxes (PILOT) topic. This Ordinance revises the City Code to align with the City’s long-term practice of Light and Power paying for and maintaining street lighting and adds clarification in the City Code that PILOT is not just for taxes, but also for franchise fees, with regard to the water and wastewater utilities. Packet Pg. 36 Attachment1.3: October 28, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 446 Councilmember Troxell asked why Light and Power is paying for street lighting as an in-kind contribution. Smith replied Light and Power is being paid by the Light and Power fund as a service to the community; the in-kind phrase was not correct. Councilmember Troxell noted Light and Power also pays the 6% PILOT and questioned whether it is paying more than it should for the operation of street lights in the community. Smith replied that could be argued and stated the PILOT could be adjusted. Councilmember Troxell questioned whether some of these items should be financed through the General Fund. City Attorney Daggett noted the Charter does allow Council to set a payment in lieu of taxes and franchise fees to be paid by each of the utilities; therefore, it is within Council’s purview to consider that. Historically, Council has set a 6% PILOT which has been paid in addition to the utility funding street lighting. City Manager Atteberry stated a case could be made to increase the PILOT to cover any additional costs, including street lighting. He noted the annual cost of the program is about $1.3 million. Councilmember Campana supported raising the PILOT to cover those costs but stated he does not believe any type of inequity has occurred as a result of the previous practice. Councilmember Cunniff asked if the street lighting amount of $1.3 million is considered as part of the base utility rate. Smith replied the amount is not part of the fixed charge; it is collected through the variable charges based on electric consumption. Councilmember Cunniff stated he would not prefer to add a payment in lieu of franchise fee category. Mayor Weitkunat stated the word “franchise fee” was not included in the original language and this would provide clarification. City Attorney Daggett replied the Charter makes clear this is a payment in lieu of taxes and franchise fees and the electric utility provision specifically references taxes and franchise fees; however, the water and wastewater provisions do not. This change would provide a level of consistency. Councilmember Campana made a motion, seconded by Mayor Weitkunat, to adopt Ordinance No. 146, 2014, on First Reading. Councilmember Troxell stated he would not support the motion as Light and Power is an independent enterprise. He stated the fees should be captured as a PILOT and the street lights should be paid from the General Fund. Mayor Weitkunat stated she would support the Ordinance as it is a correction and movement toward consistency in Codes. The vote on the motion was as follows: Yeas: Weitkunat, Campana and Poppaw. Nays: Troxell, Cunniff and Overbeck. THE MOTION FAILED. City Manager Atteberry stated this Ordinance would codify a longstanding tradition in terms of payment and asked how he should proceed in terms of funding the street lighting program. Packet Pg. 37 Attachment1.3: October 28, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 447 Mayor Weitkunat requested Council reconsider the vote and address some concerns prior to Second Reading. Councilmember Cunniff stated he would prefer this item to return as a straightforward PILOT increase. Councilmember Troxell stated he would be open to a reconsideration of the vote but encouraged a broader discussion of viewing the Utilities as an enterprise. Councilmember Cunniff requested a work session to discuss the PILOT, franchise fee, and General Fund options prior to bringing the item back for First Reading. Mayor Weitkunat encouraged a reconsideration of the vote. Councilmember Troxell made a motion, seconded by Mayor Weitkunat, to reconsider the vote on Ordinance No. 146, 2014. Yeas: Weitkunat, Campana, Poppaw and Troxell. Nays: Cunniff and Overbeck. THE MOTION CARRIED. Councilmember Troxell stated he would like to have a broader conversation regarding the Utilities at a work session. City Attorney Daggett stated it would be appropriate for a motion to postpone if it is Council's intent to push the discussion of this item to a later date. Councilmember Campana encouraged a vote on the First Reading of the Ordinance but supported additional conversations at a later date, stating this item is more of a clarification item. RESULT: ORDINANCE NO. 146, 2014, ADOPTED ON FIRST READING [4 TO 2] MOVER: Wade Troxell, District 4 SECONDER: Karen Weitkunat, Mayor AYES: Weitkunat, Poppaw, Campana, Troxell NAYS: Overbeck, Cunniff ABSENT: Horak  OTHER BUSINESS Councilmember Cunniff stated the Leadership Planning Team had requested Council discuss the proposal it has made with respect to campaign finance ordinance changes. He stated the goal is to encourage submittal of campaign finance reports in a timely manner. Council will be considering Charter amendments with respect to election provisions in the spring. Councilmember Troxell stated he would like to have a broader work session discussion regarding election and campaign provisions. Councilmember Overbeck stated he has recently been informed that the North Poudre Irrigation Company, of which the City is a 35% shareholder, is moving forward with a proposal to cut down hundreds of trees and he has not yet seen a report related to its following of state Packet Pg. 38 Attachment1.3: October 28, 2014 (2608 : Minutes-10/14, 10/21, 10/28) City of Fort Collins Page 448 guidelines regarding tree preservation. He requested a work session on the issue. City Manager Atteberry replied Councilmembers are being offered tours of the site. Kevin Gertig, Utilities Executive Director, replied Council will be receiving background information on the project, which is an operational maintenance issue. Councilmember Overbeck stated he would like Council to have a discussion prior to the removal of any trees. City Manager Atteberry suggested Council and staff reconsider the issue for a work session following the scheduled tour. Councilmember Cunniff noted this discussion is similar to the issue at Warren Lake. City Manager Atteberry stated Council’s concerns will be expressed to the North Poudre Executive Director. Councilmember Cunniff requested and received Council support to draft a Resolution to present to CSU’s Board of Governors outlining Council’s concerns with respect to the impacts of an on- campus stadium and expressing its preference for other options to be the preferred options.  ADJOURNMENT The meeting adjourned at 7:37 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 39 Attachment1.3: October 28, 2014 (2608 : Minutes-10/14, 10/21, 10/28) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 138, 2014, Authorizing the Appropriation of Fiscal Year 2015 Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. EXECUTIVE SUMMARY The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. This Ordinance, unanimously adopted on First Reading on October 21, 2014, authorizes the City of Loveland to appropriate the City of Fort Collins contribution, which is a 50% share of the 2015 Airport budget and totals $422,265. This Ordinance also appropriates the City’s 50% share of capital funds, totaling $442,500 for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of the 2014 Airport capital funds, totaling $885,000, will be used to complete major Airport improvements including the second phase of the construction of a snow removal equipment storage facility, and the rehabilitation of roadways. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 21, 2014 (PDF) 2. Ordinance No. 138, 2014 (PDF) Packet Pg. 40 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 21, 2014 City Council STAFF Jason Licon, Airport Director Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 138, 2014, Authorizing the Appropriation of Fiscal Year 2015 Operating and Capital Improvement Funds for the Fort Collins-Loveland Municipal Airport. EXECUTIVE SUMMARY The 2015 annual operating budget for the Airport totals $844,530, and will be funded from Airport operating revenues, contributions from the Cities of Fort Collins and Loveland ($177,500 from each City), and interest earnings. This Ordinance authorizes the City of Loveland to appropriate the City of Fort Collins contribution, which is a 50% share of the 2015 Airport budget and totals $422,265. This Ordinance also appropriates the City’s 50% share of capital funds, totaling $442,500 for the Airport from federal and state grants; contributions from Fort Collins and Loveland; and the Airport General Fund. Most of the 2014 Airport capital funds, totaling $885,000, will be used to complete major Airport improvements including the second phase of the construction of a snow removal equipment storage facility, and the rehabilitation of roadways. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1963, the City of Fort Collins and the City of Loveland agreed to the establishment of a regional aviation facility and became owners and operators of the Fort Collins-Loveland Municipal Airport, located approximately 16 miles southeast of downtown Fort Collins, just west of Interstate 25 on Earhart Road. The Airport is operated as a joint venture between the City of Fort Collins and the City of Loveland, with each City retaining a 50% ownership interest, sharing equally in policy-making and management, and with each assuming responsibility for 50% of the capital and operating costs associated with the Airport. The Airport’s mission is to 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. Airport revenues cover operating costs and capital projects. Each city contributes equal funding for Airport operating and capital costs. Airport development and improvement funds are also received, for eligible projects, from the FAA and the Colorado Department of Transportation, Division of Aeronautics. The annual operating costs for 2015 for the Airport are $844,530, and the City of Fort Collins contribution is $177,500. In addition, the Airport Manager is recommending additional capital expenditures and has identified the following funding sources: ATTACHMENT 1 Packet Pg. 41 Attachment2.1: First Reading Agenda Item Summary, October 21, 2014 (2607 : SR 138 Airport Budget) Agenda Item 2 Item # 2 Page 2 FAA Entitlement Grant $150,000 State Grant 400,000 Airport Revenues 335,000 Total $885,000 The additional capital expenditures will be used to complete major Airport improvement projects, such as the second phase of construction of a snow removal equipment storage facility, and the rehabilitation of roadways estimated at $885,000. Thus, the City of Fort Collins appropriation for the capital expenditures identified above is $442,500 (50% of the total). The Fort Collins - Loveland Airport Steering Committee, the Mayors and City Managers from each City, has reviewed and approved these recommendations for the 2015 Airport operational and capital improvement budget at its regularly scheduled meeting on May 22, 2014. FINANCIAL / ECONOMIC IMPACTS This Ordinance appropriates the City’s 50% share ($864,765) of the annual appropriation for fiscal year 2015 for the Fort Collins-Loveland Municipal Airport budget. The City of Loveland manages the Airport’s budget and finances; however, since the City of Fort Collins owns 50% of the Airport, it is necessary for the City to appropriate its 50% portion of the Airport budget. Packet Pg. 42 Attachment2.1: First Reading Agenda Item Summary, October 21, 2014 (2607 : SR 138 Airport Budget) - 1 - ORDINANCE NO. 138, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE APPROPRIATION OF 2015 FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT FUNDS FOR THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT WHEREAS, in 1963, the City of Fort Collins and the City of Loveland (the “Cities”) agreed to establish a regional general aviation facility and became owners and operators of the Fort Collins-Loveland Municipal Airport (the “Airport”); and WHEREAS, the Airport is operated as a joint venture between the Cities, with each city retaining a 50% ownership interest, sharing equally in policy-making and management, and each assuming responsibility for 50% of the Airport’s capital and operating costs; and WHEREAS, in accordance with the Intergovernmental Agreement, dated May 16, 2000, between the Cities for joint operation of the Airport (the “IGA”), the Airport Manager is responsible for preparing the Airport’s annual operating budget and submitting it to the Cities for their approval; and WHEREAS, under the IGA, the City’s share of existing and unanticipated Airport revenue is to be held and disbursed by the City of Loveland as an agent on behalf of the Cities, since the City of Loveland provides finance and accounting services for the Airport; and WHEREAS, in accordance with Article V, Section 8(b), of the City Charter, any expense or liability entered into by an agent of the City on behalf of the City, shall not be made unless an appropriation for the same has been made by the City Council; and WHEREAS, the Airport Manager has submitted for City Council consideration a 2015 Airport operating budget totaling $844,530, of which the City’s share is $422,265; and WHEREAS, it is the desire of the City Council to authorize the City of Loveland to appropriate the City’s share of the necessary funds for the Airport’s operating costs, totaling $422,265, for the fiscal year beginning January 1, 2015, and ending December 31, 2015; and WHEREAS, the Airport Manager also recommends capital expenditures totaling $885,000 to complete major Airport improvement projects in 2015, including the rehabilitation of roadways and, the second phase of the construction of a snow removal equipment storage facility; and WHEREAS, funding for the 2015 capital improvements has been identified as follows: FAA Entitlement Grant $150,000 State Grant 400,000 Airport Revenue 335,000 Total $885,000 Packet Pg. 43 Attachment2.2: Ordinance No. 138, 2014 (2607 : SR 138 Airport Budget) - 2 - WHEREAS, the City’s 50% share of the 2015 capital improvement costs is $442,500. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby adopts the 2015 Airport operating budget. Section 2. That the City Council hereby authorizes the appropriation of FOUR HUNDRED TWENTY-TWO THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS ($422,265) to be expended to defray the 2015 operating costs of the Fort Collins-Loveland Municipal Airport. Section 3. That the City Council hereby authorizes the appropriation of FOUR HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($442,500) to be used for 2015 capital improvements at the Fort Collins-Loveland Municipal Airport. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 44 Attachment2.2: Ordinance No. 138, 2014 (2607 : SR 138 Airport Budget) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Lance Smith, Strategic Financial Planning Manager SUBJECT Items Relating to Utility Rates, Fees and Charges for 2015. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. B. Second Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. C. Second Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees, and Charges. The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one Ordinance adjusting wastewater service rates for 2015. The City Manager’s Recommended 2015 City Budget includes small rate increases in the electric and wastewater utilities. The 1.9% electric rate increase is necessary due to increased operation and maintenance costs associated with the generation and transmission of the energy. The 3.0% wastewater rate increase is necessary to meet long-term capital improvement needs due to anticipated regulatory changes and aging infrastructure. Electric development fee changes are proposed due to changes in material costs. Water and wastewater plant investment fees were updated for 2014 and will not be updated again until 2016. These Ordinances were unanimously adopted on First Reading on October 21, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. BACKGROUND / DISCUSSION A question was asked at First Reading about the increase to the fixed charge for residential electric service. The increase is due to increasing costs associated with billing. Fort Collins’ electric fixed charge will continue to be among the lowest in the state even with this modest increase (See graph in Attachment 2). ATTACHMENTS 1. First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (PDF) 2. Residential Monthly Customer Charge for 58 Colorado Utilities (PDF) 3. Ordinance No. 154, 2014 (PDF) 4. Ordinance No. 155, 2014 (PDF) 5. Ordinance No. 156, 2014 (PDF) Packet Pg. 45 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY October 21, 2014 City Council STAFF Lance Smith, Strategic Financial Planning Manager SUBJECT Items Relating to Utility Rates, Fees and Charges for 2015. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. B. First Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. C. First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees, and Charges. The purpose of this item is to consider two Ordinances adjusting electric rates and fees and one Ordinance adjusting wastewater service rates for 2015. The City Manager’s Recommended 2015 City Budget includes small rate increases in the electric and wastewater utilities. The 1.9% electric rate increase is necessary due to increased operation and maintenance costs associated with the generation and transmission of the energy. The 3.0% wastewater rate increase is necessary to meet long term capital improvement needs due to anticipated regulatory changes and aging infrastructure. The table above shows the overall changes in the operational revenues for each utility due to the proposed rate increases. In the discussion below the rate class specific adjustments are given for electric service. The proposed wastewater rate increase would be the same for all rate classes based on the wastewater cost of service study adjustments which were made for 2014. Electric development fee changes are proposed due to changes in material costs. Water and wastewater plant investment fees were updated for 2014 and will not be updated again until 2016. 2015 Proposed Rate Adjustments Utility Proposed Adjustment Development Fees to Be Adjusted? Electric 1.9% Yes Water - - Wastewater 3.0% - Stormwater - - ATTACHMENT 1 Packet Pg. 46 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates) Agenda Item 20 Item # 20 Page 2 STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION A. Proposed Monthly Utility Rate Adjustments The recommended 2015 rate changes are consistent with the City Manager’s Recommended 2015-16 Budget. Individual customer changes will vary by rate class and season for electricity rates and be the same for all wastewater customers. All proposed rates would be effective for meter readings on or after January 1, 2015. Electric Rates - First Reading of Ordinance No. 154, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. Staff proposes a 1.9% increase in electric rates. This increase is due to Platte River Power Authority passing on higher operation costs associated with the generation and transmission of electricity. Fuel costs are expected to increase and there will be 60 MW of new wind power added to the base generation portfolio. The increased costs for purchased power are passed through to all customer classes in the energy charge of each rate schedule with no change in the associated demand charges. In addition, the 2015 increase varies by rate class to reflect the updated Cost of Service Study. The significant decrease in the residential demand rate is attributable to the changing demographics of this rate class following a change in the City Code in 2013 making this rate class available only to all electric households and the availability of actual customer demand data through the Advanced Metering Infrastructure for the 2014 Cost of Service Study. This new data is also behind the cost shift seen in the chart between the small and medium commercial rate classes which had been a single rate class until 2012. The Advanced Metering Infrastructure has decreased the cost of meter reading, which is reflected in lower fixed charges for the commercial rate classes. The following graph shows the proposed retail rate change for each customer class. Packet Pg. 47 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates) Agenda Item 20 Item # 20 Page 3 Wastewater Rates - First Reading of Ordinance No. 156, 2014, Amending Chapter 26 of the City Code to Revise Wastewater Rates, Fees, and Charges. The 3.0% overall rate increase being proposed here for wastewater is necessary to ensure sufficient revenues are being collected for the long term capital costs associated with renewing the wastewater collection system and anticipated treatment plant modifications that will be necessary due to changing regulatory requirements in the near future. The City Manager’s Recommended 2015-16 Budget includes these higher capital investments and the rate increase proposed herein. The Cost of Service Study was updated for 2014 so the proposed 3.0% increase will be consistent across all rate classes in 2015. Water Rates No changes are being proposed for 2015 water monthly rates. Stormwater Rates No changes are being proposed for 2015 stormwater monthly rates. B. Proposed Utility Development Fee Changes Electric Development Fees - First Reading of Ordinance No. 155, 2014, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges The annual review of the Electric Development Fees indicates that small fee adjustments are necessary to ensure that development costs are reimbursed fairly and fully by development in 2015. Current 2014 Proposed 2015 $ Change % Change $3,366 $3,389 $23 0.68% Current 2014 Proposed 2015 $ Change % Change $32,895 $32,624 ($271) ‐0.82% Single Family Lot 8,600 square feet, 70 feet of street frontage, 150 amp service, 4/0 secondary service Model Commercial Development 82,000 sq feet, 190 ft of street frontage, 250 ft primary service, 600 amps, 208 Volt, 3‐phase, 1 transformer Packet Pg. 48 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates) Agenda Item 20 Item # 20 Page 4 An additional clarification relating to Residential Building Site Charges is also being made. The Secondary Service Charge, which provides the electric service line from the primary system in street right of way to the customer’s meter is collected on the building permit. This was previously the only building site charge listed for residential development. The proposed change now more clearly labels this charge as Secondary Service Charge. In addition, some multi-family developments require an internal primary service system (cable, conduit and transformers) within the development on private property. These costs are calculated in the same manner as for non-residential Building Site Charges. The proposed change makes this clarification for Residential Building Site Charges. There are no changes in practice or policy as a result of these clarifications. C. Utility Bill Comparisons The standard residential customer’s bill will increase in 2015 under the proposed rate changes by 0.9% in the summer. During the rest of the year the increase is 1.5%. The tables below show the impacts of each of the proposed rate changes on the overall utility bill. Category 2014 2015 % Change Per square foot $ 0.05036 $ 0.05121 1.7% Per lineal front foot $ 10.35 $ 10.36 0.1% 150 amp Single Family (non electric heat) 200 amp Single Family (electric heat 150 amp) 150 amp Multi‐Family (non electric heat) 200 amp Multi‐Family (electric heat 150 amp) 1/0 $ 672 $ 680 1.2% 4/0 $ 810 $ 819 1.1% 350 kCM $ 903 $ 919 1.8% Residential $ 1,398 $ 1,404 0.4% $ 1,638 $ 1,643 0.3% $ 936 0.3% Charge Charge per Dwelling Unit Electric Capactity Fee Building Site Charges Secondary Service $ 933 $ 2,329 $ 2,334 0.2% Category 2014 2015 % Change Per square foot $ 0.05036 $ 0.05121 1.7% Per lineal front foot $ 41.25 $ 40.21 ‐2.5% Utility Owned Transformers Customer Owned Transformers $ 9.53 $ 9.55 0.2% $ 18.33 $ 18.38 0.3% $ 1,372 $ 1,389 1.2% $ 2,442 $ 2,458 0.7% Charge Commercial Electric Capactity Fee Service Entrance (per kilowatt‐ amp) Agenda Item 20 Item # 20 Page 5 The next two tables provide some comparison of the utility bills for customers of Fort Collins Utilities with the proposed 2015 rate adjustments and neighboring communities based on the current 2014 rates in those communities. Current Estimated $ % 2014 2015 Increase Increase Electric 700 kWh/mo Stormwater 8,600 sq.ft. lot, light runoff Wastewater 4,800 gal/mo WQA Water 15,000 gal/mo Total Estimated Average Monthly Utility Bill $176.43 $178.04 $1.61 0.9% Current Estimated $ % 2014 2015 Increase Increase Electric 700 kWh/mo Stormwater 8,600 sq.ft. lot, light runoff Wastewater 4,800 gal/mo $33.21 $34.21 WQA Water 5,000 gal/mo Total Estimated Average Monthly Utility Bill $139.66 $141.77 $2.12 1.5% $0.00 $0.60 0.9% $0.00 0.0% $1.00 3.0% $0.00 0.0% 1.8% $1.00 3.0% $0.00 $63.21 $71.40 $1.11 $33.21 $34.21 $14.26 Typical Residential Customer – Monthly Utility Bill 0.0% $28.98 $28.98 0.0% $14.26 $58.16 SUMMER WINTER $64.32 $14.26 $14.26 $58.16 $70.80 Packet Pg. 50 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates) Agenda Item 20 Item # 20 Page 6 FINANCIAL / ECONOMIC IMPACTS The proposed rate ordinances will increase costs of the typical residential customer receiving electric service by $0.60 per month in the Summer and $1.11 per month for the remainder of the year. The Summer increase is less than the non-Summer increase because the wholesale demand charges which are higher in the Summer are not changing in 2015. The typical residential customer receiving wastewater service will see an increase of $1.00 per month for this service. In general, more frequent and modest rate adjustments minimize the financial impacts of such adjustments to the community. Fort Collins Utilities strives to have such rate adjustments through intermediate and long term financial planning so as to avoid larger or more intermittent rate adjustments which can have more severe impacts to commercial customers on non-calendar fiscal years and residential customers on fixed incomes. Packet Pg. 51 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates) Agenda Item 20 Item # 20 Page 7 ENVIRONMENTAL IMPACTS Funding from the proposed electric rate increase will directly increase the amount of wind energy utilized in Fort Collins and allow the Utilities to continue programs and services aimed at meeting the goals and objectives of the Energy Policy and Climate Action Plan. Wastewater rate increases provide funding for environmental regulatory compliance. BOARD / COMMISSION RECOMMENDATION At its September 18, 2014 meeting, the Water Board voted to recommend approval of the proposed 2015 wastewater rate increase. The draft Board minutes are attached. At its September 4, 2014, meeting, the Energy Board voted unanimously to support the 2015 Electric rate and development fee increases. The approved Board minutes are attached. PUBLIC OUTREACH Notice of the proposed electric rate changes was published in the Coloradoan, and a mailing was sent to all city electric customers residing outside of the city limits in accordance with state requirements. Commercial customers have been advised of the proposed increases through community presentations and individual meetings and communications. Staff plans to conduct outreach to all customers following the adoption of the Ordinances. Each customer’s rate class specific adjustments will be presented along with the system average adjustment through social media, print media, and meetings. Commercial customers may contact customer service for specifically their estimated rate adjustments. Residential customers may do a rate comparison through the utility website. A public meeting was held in September for commercial Key Accounts. ATTACHMENTS 1. Energy Board minutes, September 4, 2014 (PDF) 2. Water Board minutes (draft), September 18, 2014 (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 52 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates) ATTACHMENT 2 Packet Pg. 53 Attachment3.2: Residential Monthly Customer Charge for 58 Colorado Utilities (2606 : SR 154-156 Utility - 1 - ORDINANCE NO. 154, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the City purchases bulk wholesale electric power from Platte River Power Authority (“PRPA”) pursuant to an Amended Contract for Supply of Electric Power and Energy, dated September 1, 2010; and WHEREAS, PRPA costs are increasing due to reduced wholesale market prices and surplus sales, increased costs for coal, and increased operating costs for aging plants; and WHEREAS, PRPA will increase the City’s wholesale cost of power approximately 2.5% in 2015; and WHEREAS, the increased wholesale power costs will require an average 1.9% increase in the City’s electric rates; and WHEREAS, the proposed rate increase will vary by customer class based on the cost of service to each class; and WHEREAS, the Energy Board considered the proposed electric rates, fees and changes for 2015 at its September 4, 2014, meeting and recommended approval of the rate changes by an unanimous vote; and WHEREAS, the City Manager and staff have recommended to the City Council the following electric rate adjustments for all billings issued with meter readings on or after January 1, 2015; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise the electric rates, fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Sections 26-464(c), (d), (p) and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. (c) Monthly rate. The monthly rates for this schedule are as follows: Packet Pg. 54 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 2 - (1) Fixed charge, per account: five dollars and seven cents ($5.07). (2) Distribution facilities charge, per kilowatt-hour: two and thirty-eight one- hundreds cents ($0.0238). (3) Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows: a. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: six and five one-hundredths cents ($0.0605). b. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: seven and sixty-nine one-hundredths cents ($0.0769). c. For all additional kilowatt hours per month, per kilowatt hour: ten and ninety-seven one-hundredths cents ($0.1097). (4) Energy and demand charge, during the non-summer season billing months of January through May and September through December: a. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and forty-five one-hundredths cents ($0.0545). b. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and eighty-five one-hundredths cents ($0.0585). c. For all additional kilowatt hours per month, per kilowatt hour: six and seventy-three one-hundredths cents ($0.0673). (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. … (d) Medical assistance program. (1) The rates described in Subsection (c) above shall be discounted for those electric customers to whom this rate schedule applies and who apply for such discount, as long as: a. the applicant's annual household income falls below sixty (60) percent of the Larimer County Area Median Income (as determined by the Federal Housing Authority); and Packet Pg. 55 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 3 - b. the application is accompanied by a certified, signed statement from a licensed physician that electrical durable medical equipment used at the residential premises is medically necessary and that such medical equipment has been assigned a Healthcare Common Procedure Coding System number; and/or c. a certified, signed statement from a licensed physician that air conditioning at the residential premises is medically necessary for a resident thereof who, in the absence of the air conditioning, may suffer medical deterioration due to a severe immune-compromising medical condition, including, but not limited to, multiple sclerosis, quadriplegia, paraplegia, scleroderma or hemiplegia; and d. the application is accompanied by a sworn affidavit from the applicant verifying that all information contained in the application, including, if applicable, the representation that air conditioning will be operational at the applicant's address during the summer billing months, is true and correct. (2) Applications for rate discounts under this Section must be submitted annually in accordance with an administratively established schedule. (3) The discounted rates for customers with electrical durable medical equipment only shall be calculated as follows: a. Fixed charge, per account: five dollars and seven cents ($5.07). b. Distribution facilities charge, per kilowatt hour: two and thirty- eight one-hundredths cents ($0.0238). c. Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy demand charge shall be billed as follows: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: three and forty-two one-hundredths cents ($0.0342). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: seven and sixty-nine one-hundredths cents ($0.0769). 3. For all additional kilowatt hours per month, per kilowatt hour: ten and ninety-seven one-hundredths cents: ($0.1097). Packet Pg. 56 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 4 - d. Energy and demand charge, during the non-summer season billing months of January through May and September through December: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and ninety-eight one-hundredths cents ($0.0298). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and eighty-five one-hundredths cents ($0.0585). 3. For all additional kilowatt hours per month, per kilowatt hour: six and seventy-three one-hundredths ($0.0673). e. In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (4) The discounted rates for customers with medical needs requiring air conditioning only shall be calculated as follows: a. Fixed charge, per account: five dollars and seven cents ($5.07). b. Distribution facilities charge, per kilowatt hour: two and thirty- eight one-hundredths cents ($0.0238). c. Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: three and thirty-five one-hundredths cents ($0.0335). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: four and twenty-five one-hundredths cents ($0.0425). 3. For all additional kilowatt hours per month, per kilowatt hour: ten and ninety-seven one-hundredths cents ($0.1097). d. Energy and demand charge, during the non-summer season billing months of January through May and September through December: Packet Pg. 57 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 5 - 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and forty-five one-hundredths cents ($0.0545). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and eighty-five one-hundredths cents ($0.0585). 3. For all additional kilowatt hours per month, per kilowatt hour: six and seventy-three one-hundredths cents ($0.0673). e. In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (5) The discounted rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be calculated as follows: a. Fixed charge, per account: five dollars and seven cents ($5.07). b. Distribution facilities charge, per kilowatt hour: two and thirty- eight one-hundredths cents ($0.0238). c. Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and nineteen one-hundredths cents ($0.0219). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: two and seventy-eight one-hundredths cents ($0.0278). 3. For all additional kilowatt hours per month, per kilowatt hour: ten and ninety-seven one-hundredths cents ($0.1097). d. Energy and demand charge, during the non-summer season billing months of January through May and September through December: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and ninety-eight one-hundredths cents ($0.0298). Packet Pg. 58 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 6 - 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and eighty-five one-hundredths cents ($0.0585). 3. For all additional kilowatt hours per month, per kilowatt hour: six and seventy-three one-hundredth cents ($0.0673). e. In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (6) Notwithstanding the foregoing, no rate established under this Subsection shall reflect a discount exceeding an amount consistent with the use of one hundred fifty (150) kilowatt hours per month for the operation of electrical durable medical equipment or, if applicable, an additional amount consistent with the use of three hundred fifty (350) kilowatt hours per month for air conditioning. (7) A decision that an applicant does not qualify to participate in this program for a medical or financial reason may be appealed to the Utilities Executive Director, who shall, prior to making his or her decision, and as he or she deems appropriate, confer with one (1) or more medical or financial experts in reviewing such appeal. … (p) Net metering. (1) Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria: a. the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and b. the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity. (2) The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period. (3) The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Packet Pg. 59 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 7 - Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (4) A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section. (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer as follows: a. Distribution facilities charge, per kilowatt-hour: two and thirty- eight one-hundredths cents ($0.0238). b. The energy and demand credit, per kilowatt-hour: six and five one- hundredths cents ($0.0605). … (r) Net metering-community solar projects. (1) Net metering service is available to a customer who holds an exclusive interest in a portion of the electric energy generated by a community solar project when the generating capacity of the customer’s interest is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer’s point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities’ distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The energy produced by the customer’s portion of the qualifying facility shall be credited to the customer as follows: Packet Pg. 60 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 8 - 1. Distribution facilities charge, per kilowatt-hour: one and nineteen one-hundredths cents ($0.0119). 2. The energy and demand credit, per kilowatt-hour: six and five one-hundredths cents ($0.0605). Section 2. That Sections 26-465 (c), (f), (q), and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD (c) Monthly rate. The monthly rates are as follows: (1) Fixed charge, per account: five dollars and seven cents ($5.07). (2) Demand charge, per kilowatt: two dollars and twenty-six cents ($2.26). (3) Distribution facilities charge, per kilowatt-hour: two and eleven one- hundredths cents ($0.0211). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: four and sixteen one-hundredths cents ($0.0416). b. During the non-summer season billing months of January through May and September through December: four and zero one-hundredths cents ($0.0400). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of monthly service charges billed pursuant to this Section. … (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be two dollars and thirty- three cents ($2.33) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be six dollars and ninety-nine cents ($6.99) per kilowatt. Packet Pg. 61 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 9 - (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. … (q) Net metering. (1) Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria: a. the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and b. the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity. (2) The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period. (3) The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (4) A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section. (5) The customer-generator's consumption of energy from the utility and production of energy that flows into the utility’s distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Section Subsection (c) of this Section. The energy produced by the customer- generator shall be credited to the customer as follows: Packet Pg. 62 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 10 - a. Distribution facilities charge, per kilowatt hour: two and thirty-eight one-hundredths cents ($0.0238). b. The energy and demand credit, per kilowatt-hour: six and five one- hundredths cents ($0.0605). … (r) Net metering-community solar projects. (1) Net metering service is available to a customer who holds an exclusive interest in a portion of the electric energy generated by a community solar project when the generating capacity of the customer’s interest is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer’s point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities’ distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer’s portion of the qualifying facility shall be credited to the customer as follows: 1. Distribution facilities charge, per kilowatt-hour: one and nineteen one-hundredths cents ($0.0119). 2. The energy and demand credit, per kilowatt-hour: six and five one- hundredths cents ($0.0605). Section 3. That Section 26-466 (c) and (r) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. General service, schedule GS. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: Packet Pg. 63 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 11 - a. Single-phase, two-hundred-ampere service: three dollars and twenty-six cents ($3.26). b. Single-phase, above two-hundred-ampere service: nine dollars and sixty cents ($9.60). c. Three-phase, two-hundred-ampere service: four dollars and ninety- six cents ($4.96). d. Three-phase, above two-hundred-ampere service: eleven dollars and seventy-four cents ($11.74). (2) Demand charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: two and seventy-seven one-hundredths cents ($0.0277). b. During the non-summer season billing months of January through May and September through December: one and forty-nine one- hundredths cents ($0.0149). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge, per kilowatt-hour: Two and twenty-seven one-hundredths cents ($0.0227). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: four and sixteen one-hundredths cents ($0.0416). b. During the non-summer season billing months of January through May and September through December: four and zero one-hundredths cents ($0.0400). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. … Packet Pg. 64 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 12 - (r) Net metering-community solar projects. (1) Net metering service is available to a customer who holds an exclusive interest in a portion of the electric energy generated by a community solar project when the generating capacity of the customer’s interest is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer’s point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way. (2) The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (3) Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities’ distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer’s portion of the qualifying facility shall be credited to the customer as follows: 1. Distribution facilities charge, per kilowatt-hour: one and fourteen one- hundredths cents ($0.0114). 2. The energy and demand credit, per kilowatt-hour: four and sixteen one-hundredths cents ($0.0416). Section 4. That Sections 26-467 (c) and (f) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: a. Single-phase, two-hundred-ampere service: three dollars and twenty-six cents ($3.26). b. Single-phase, above two-hundred-ampere service: nine dollars and sixty cents ($10.83$9.60). c. Three-phase, two-hundred-ampere service: four dollars and ninety- six cents ($4.96). Packet Pg. 65 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 13 - d. Three-phase, above two-hundred-ampere service: eleven dollars and seventy-four cents ($11.74). (2) Demand charge, per kilowatt: a. During the summer season billing months of June, July and August: seven dollars and fifty-two cents ($7.52). b. During the non-summer season billing months of January through May and September through December: four dollars and thirty-seven cents ($4.37). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge, per kilowatt-hour: one and seventy-six one- hundredths cents ($0.0176). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: four and sixteen one-hundredths cents ($0.0416). b. During the non-summer season billing months of January through May and September through December: four and zero one-hundredths cents ($0.0400). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. … (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be three dollars and eighty- two cents ($3.82) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be eleven dollars and forty-five cents ($11.45) per kilowatt. Packet Pg. 66 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 14 - (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. Section 5. That numbered Section 26-468 (c), (f) and (g) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468. General service 50, schedule GS50. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: nine dollars and forty-five cents ($9.45). An additional charge of forty dollars and zero cents ($40.) may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge, per kilowatt: a. During the summer season billing months of June, July and August: eleven and eighteen cents ($11.18). b. During the non-summer season billing months of January through May and September through December: seven dollars and eighty cents ($7.80). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities demand charge, per kilowatt: five dollars and ninety cents ($5.90). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: four and sixteen one-hundredths cents ($0.0416). b. During the non-summer season billing months of January through May and September through December: four and zero one-hundredths cents ($0.0400). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. Packet Pg. 67 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 15 - (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. … (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. The monthly standby distribution charge shall be four dollars and seventy-two cents ($4.72) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be fourteen dollars and sixteen cents ($14.16) per kilowatt. b. In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Standby generation and transmission charge. All charges incurred by the utility under Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. … (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The excess circuit charge shall be eighty-six cents ($0.86) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be two dollars and fifty-eight cents ($2.58) per kilowatt. (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. Packet Pg. 68 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 16 - Section 6. That numbered Sections 26-469 (c), (f) and (g) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-469. General service 750, schedule GS750. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: fifteen dollars and twenty-four cents ($15.24). a. Additional charge for each additional metering point: nine dollars and fifty cents ($9.50). b. An additional charge of forty dollars and zero cents ($40.) for each metering point may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge, per kilowatt: a. During the summer season billing months of June, July and August: eleven and one cent ($11.01). b. During the non-summer season billing months of January through May and September through December: seven dollars and sixty-nine cents ($7.69). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities demand charge, per kilowatt: a. First seven hundred fifty (750) kilowatts: five dollars and eighty- five cents ($5.85). b. All additional kilowatts: three dollars and forty-eight cents ($3.48). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: four and ten one-hundredths cents ($0.0410). b. During the non-summer season billing months of January through May and September through December: three and ninety-four one- hundredths cents ($0.0394). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. Packet Pg. 69 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 17 - (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. … (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. The monthly standby distribution charge shall be three dollars and fifty-two cents ($3.52) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be ten dollars and fifty-six cents ($10.56) per kilowatt. b. In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Standby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. … (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The excess circuit charge shall be sixty-four cents ($0.64) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be one dollars and ninety-two cents ($1.92) per kilowatt. (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. Packet Pg. 70 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 18 - Section 7. That 26-470 (b), (c) and (e) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-470. Substation service, schedule SS. (b) Applicability. This schedule applies to customers served directly from a City substation who do not utilize any part of the City's electric distribution system (including, but not limited to, duct banks, circuits or conduits) to receive service. This schedule applies only to individual services with an average metered demand of seven hundred fifty (750) kilowatts or greater. … (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: thirty-nine dollars and forty-seven cents ($39.47). (2) Coincident demand charge, per kilowatt: a. During the summer season billing months of June, July and August: ten dollars and eighty-four cents ($10.84). b. During the non-summer season billing months of January through May and September through December: seven dollars and fifty-seven cents ($7.57). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities demand charge, per kilowatt: two dollars and fifty cents ($2.50). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: four and four one-hundredths cents ($0.0404). b. During the non-summer season billing months of January through May and September through December: three and eighty-eight one- hundredths cents ($0.0388). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. Packet Pg. 71 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 19 - … (e) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. The monthly standby distribution charge shall be two dollars and twenty-two cents ($2.22) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be six dollars and sixty-six cents ($6.66) per kilowatt. b. In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Standby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. Section 8. That the amendments herein are effective shall go into effect for all bills issued with meter readings on or after January 1, 2015. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 72 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 20 - Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 73 Attachment3.3: Ordinance No. 154, 2014 (2606 : SR 154-156 Utility Rates) - 1 - ORDINANCE NO. 155, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC DEVELOPMENT FEES AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, the City Council has determined that it is appropriate for new development to contribute its proportionate share of providing capital improvements; and WHEREAS, Section 26-471 of the City Code requires the electric development fees to be reviewed annually by the City Manager and presented to the City Council for approval no less than biennially; and WHEREAS, on November 5, 2013 the City Council adopted Ordinance No. 147, 2013, which established the electric development fees in effect for 2014; and WHEREAS, Electric Utility staff has determined that capital improvement costs required to meet the demands of anticipated new development will increase in 2015; and WHEREAS, the City Manager and Electric Utilities staff have recommended to the City Council adjustments to the electric development fees and charges for all invoices paid on or after January 1, 2015; and WHEREAS, Electric Utilities staff have recommended to the City Council that the description of the Building Site Charge (“BSC”) at Section 26-474 of the City Code be amended to distinguish between the charge applicable when connection to an on-site transformer is required to serve a residential structure and the charge when an on-site transformer is not required for electric service; and WHEREAS, based on the foregoing, the City Council has determined that amending Chapter 26 of the City Code to revise electric development fees and charges for 2015 is in the best interests of the customers of the Electric Utility and the City in general. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-474 (b) and (c), “Residential electric development fees and charges” of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-474. Residential electric development fees and charges. . . . Packet Pg. 74 Attachment3.4: Ordinance No. 155, 2014 (2606 : SR 154-156 Utility Rates) - 2 - (b) The ECF shall be the total of the site footage charge, dwelling charge and systems modification charge, to be determined as follows: (1) The site footage charge shall be the combined total of: a. five and one hundred twenty-one thousandths cents ($0.05121) per square foot of developed site square footage, including all applicable tracts but excluding the area of dedicated public rights-of-way and excluding areas dedicated to the city as parkland, however, specific areas within city owned parks that require electric service will be charged; and b. ten dollars and thirty-six cents ($10.36) per lineal foot of the developed site abutting a dedicated street or roadway. (2) The dwelling unit charge shall be as follows: a. For a single-family panel size with one-hundred-fifty-amp service (nonelectric heat), one thousand four hundred and four dollars ($1,404) per dwelling unit; b. For a single-family panel size with two-hundred-amp service or with one-hundred-fifty-amp service (electric heat), two thousand three hundred thirty-four dollars ($2,334) per dwelling unit; c. For a multi-family panel size with one-hundred-fifty-amp service (nonelectric heat), nine hundred thirty-six dollars ($936) per dwelling unit; d. For a multi-family panel size with two-hundred-amp service or with one-hundred-fifty-amp service (electric heat), one thousand six hundred forty-three dollars ($1,643) per dwelling unit. (3) A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ("BSC") for any new or modified residential service shall consist of the total of the applicable charges as described in this subsection (c), and shall be paid as specified herein. (1) When any new or modified multi-family service requires extending primary circuitry to an on-site transformer, this component of the BSC charge shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to Subsection (a) of this Section, and shall be the total of the primary circuit charge, transformer installation charge and any additional Packet Pg. 75 Attachment3.4: Ordinance No. 155, 2014 (2606 : SR 154-156 Utility Rates) - 3 - charges. The amounts shall be the same as the BSC for nonresidential development, as shown in Section 26-475 (c). (2) When any new or modified residential service requires installation by the Utility of secondary service the BSC shall include a secondary service charge (SSC), and shall be paid at the time of building permit and based upon the current rates as of the time of issuance of the building permit. The SSC shall be the total of the secondary service charges, determined as follows: a. The secondary service charge shall be as follows: Secondary Service Size Charge (up to 65 feet) Plus Per Foot Charge For Each Foot Over 65 1/0 service $ 680.00 $4.98/Foot 4/0 service $ 819.00 $5.72/Foot 350 kCM Service $ 919.00 $7.29/Foot 1/0 Mobile Home Service $ 531.00 N/A 4/0 Mobile Home Service $ 647.00 N/A (3) Actual special costs to the utility of installation of primary or secondary service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 2. That Section 26-475 (b) and (c), “Nonresidential electric development fees and charges” of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-475. Nonresidential electric development fees and charges. (b) The ECF shall be the total of the site footage charge, kVA service charge and systems modification charge, to be determined as follows: (1) The site footage charge shall be the combined total of: a. five and one hundred twenty-one thousandths cents ($0.05121) per square foot of developed site square footage, including all applicable tracts but excluding the area of dedicated public rights-of-way and excluding Packet Pg. 76 Attachment3.4: Ordinance No. 155, 2014 (2606 : SR 154-156 Utility Rates) - 4 - areas dedicated to the city as parkland, however, specific areas within city owned parks that require electric service will be charged; and b. forty dollars and twenty-one cents ($40.21) per lineal foot of the developed site abutting a dedicated street or roadway. (2) The kVA service charge shall be determined as follows. a. For customer electric loads served by the utility the kVA service charge shall be: 1. Utility-owned transformers: the kVA service charge shall be sixty-three dollars and fifty-three cents ($63.53) per kilovolt- amp (kVA) of service load rating. 2. Customer owned transformers: the kVA service charge shall be fifty-four dollars and thirty-five cents ($54.35) per kilovolt-amp (kVA) of service load rating. b. For the utility to receive customer generation in excess of the customer’s electric service provided by the utility, the following KVA service charge will also apply: 1. Utility-owned transformers: the kVA service charge shall be fifty-four dollars and thirty-five cents ( $54.35) per kilovolt- amp (kVA) of generation service rating in excess of the service load rating as paid per subparagraph (2)a.1. above. Such ratings shall be determined by the Utilities Executive Director. 2. Customer owned transformers: the kVA service charge shall be forty-three dollars and eighty-five cents ($43.85) per kilovolt-amp (kVA) of generation service rating in excess of the service load rating paid per subparagraph (2)a.2. above. Such ratings shall be determined by the Utilities Executive Director. (3) A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF. (c) A Building Site Charge ("BSC") for extending primary circuitry to the transformer for any new or modified nonresidential service shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to Subsection (a) of this Section. The BSC shall be the total of the primary circuit charge, transformer installation charge and any additional charges, determined as follows: Packet Pg. 77 Attachment3.4: Ordinance No. 155, 2014 (2606 : SR 154-156 Utility Rates) - 5 - (1) The primary circuit charge for service from the utility source to the transformer shall be as follows: a. for single-phase service, a charge of nine dollars and fifty-five cents ($9.55) per foot of primary circuit; b. for three-phase service, a charge of eighteen dollars and thirty- eight cents ($18.38) per foot of primary circuit. (2) The transformer installation charge shall be as follows: a. for single-phase service, a charge of one thousand three hundred eighty-nine dollars ($1,389) per transformer; b. for three-phase service, a charge of two thousand four hundred fifty-eight dollars ($2,458) per transformer. (3) Actual special costs to the utility of installation of service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement. Section 3. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all invoices paid on or after January 1, 2015. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 78 Attachment3.4: Ordinance No. 155, 2014 (2606 : SR 154-156 Utility Rates) - 1 - ORDINANCE NO. 156, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE WASTEWATER RATES, FEES, AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations of the wastewater utility, as set forth therein; and WHEREAS, City Code Section 26-277 requires that the City Manager analyze the operating and financial records of the wastewater utility during each calendar year and recommend to the City Council the user rate fees or adjustments to be in effect for the following year; and WHEREAS, City Code Section 26-277 further requires that the user rates be revised as necessary to assure equity of the rate system established and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater system; and WHEREAS, the Water Board considered the proposed wastewater rates, fees, and changes for 2015 at its September 18, 2014 meeting and recommended approval of the changes by unanimous vote; and WHEREAS, the City Manager has recommended to the City Council that the following wastewater rates be imposed for the billing year beginning January 1, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-280 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-280. Service charges established by category. The schedule of rates for each category described in § 26-279 shall be as follows: Category Class of Customer Rate A Single-family residential user (flat rate) $37.38 per month Single-family residential user (metered water use) $16.70 per month plus $3.245 per 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater. For single family customers who have not established a winter quarter water use Packet Pg. 79 Attachment3.5: Ordinance No. 156, 2014 (2606 : SR 154-156 Utility Rates) - 2 - at the service address, a system average of 4,800 gallons per month shall be billed. B Duplex (two-family) residential users (flat rate) $51.20 per month Duplex (two-family) residential users (metered water use) $18.97 per month plus $2.847 per 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater. For duplex customers who have not established a winter quarter water use at the service address, a system average 7,200 gallons shall be billed. C Multi-family residential user (more than two dwelling units including mobile home parks) and winter quarter based nonresidential user $3.143 per 1,000 gallons of winter quarter water use, plus a base charge of $2.47 per month per dwelling unit served. For multi-family customers who have not established a winter quarter water use at the service address, a system average of 3,400 gallons per living unit shall be billed. However, Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. D Minor nonresidential user $2.908 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge: Size of water meter (inches) Base charge ¾ or smaller $8.39 1 19.37 1½ 38.99 2 66.71 3 106.58 4 168.33 6 737.91 8 852.02 Packet Pg. 80 Attachment3.5: Ordinance No. 156, 2014 (2606 : SR 154-156 Utility Rates) - 3 - E and F Intermediate nonresidential user and Significant industrial user $2.908 per 1,000 gallons of water use, measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $3.214 per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; plus a surcharge of $2.677 per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter or a surcharge of $1.690 per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter, or a surcharge of $5.003 per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, whichever is applicable. The user shall pay this calculated amount plus the applicable base charge set forth below: Size of water meter (inches) Base charge ¾ or smaller $ 8.39 1 19.37 1½ 38.99 2 66.71 3 106.58 4 168.33 6 737.91 8 852.02 G User outside City limits The rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section H Special with agreement The rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement. Section 2. That Section 26-282 (a) of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 81 Attachment3.5: Ordinance No. 156, 2014 (2606 : SR 154-156 Utility Rates) - 4 - Sec. 26-282. Wastewater strength or industrial surcharges and categories established. (a) The schedule of wastewater strength surcharge for customers located either inside or outside the City limits shall be as follows: Parameter Excess over (mg/l) Rate per 1,000 gallons BOD 265 $ 0.002677 COD 400 0.001690 TOC 130 0.005003 TSS 235 0.003214 . . . Section 3. That the amendments to the Chapter 26 of the City Code contained herein shall go into effect for all bills issued on or after January 1, 2015. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 82 Attachment3.5: Ordinance No. 156, 2014 (2606 : SR 154-156 Utility Rates) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Mary Aardrup, Volunteer Coordinator Bruce Hendee, Chief Sustainability Officer SUBJECT Second Reading of Ordinance No. 157, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, appropriates $4,973 awarded to the City by the Colorado Department of Public Health and Environment, transfer a matching amount of $4,973 from the 2014 General Fund and, combine these funds in the Environmental Services Radon Program account. The Radon Program carries out radon risk-reduction activities as identified in the current City budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (PDF) 2. Ordinance No. 157, 2014 (PDF) Packet Pg. 83 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Mary Aardrup, Volunteer Coordinator Bruce Hendee, Chief Sustainability Officer SUBJECT First Reading of Ordinance No. 157, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $4,973 awarded to the City by the Colorado Department of Public Health and Environment, transfer a matching amount of $4,973 from the 2014 General Fund and, combine these funds in the Environmental Services Radon Program account. The Radon Program carries out radon risk-reduction activities as identified in the current City budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance appropriates $4,973 of unanticipated grant revenues in the General Fund. The Colorado Department of Public Health and Environment granted these funds to the City for a program to encourage radon testing and mitigation through media advertising and low-cost test kit sales. The grant directly supports radon activities identified in the City budget offer, “Air Quality Improvement.” The grant requires a local match of $4,973. Matching funds for the program will be transferred from the 2014 Environmental Services operating budget. Grant and matching funds would be combined in a new Environmental Services Radon Program account. FINANCIAL / ECONOMIC IMPACTS City resources would be increased by $4,973. Required matching funds have already been appropriated in the 2014 General Fund. ENVIRONMENTAL IMPACTS These funds will be used to lower the lung-cancer risk of Fort Collins residents that have elevated home radon levels. BOARD / COMMISSION RECOMMENDATION At its October 20, 2014 meeting, the Air Quality Board unanimously supported bringing forward the appropriation to the Radon Program. ATTACHMENT 1 Packet Pg. 84 Attachment4.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2601 : SR 157 Radon Program Grant) Agenda Item 7 Item # 7 Page 2 PUBLIC OUTREACH Public outreach will be conducted throughout the year with presentations, educational materials and through print and electronic media. ATTACHMENTS 1. Air Quality Advisory Board minutes, October 20, 2014 (PDF) Packet Pg. 85 Attachment4.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2601 : SR 157 Radon Program Grant) - 1 - ORDINANCE NO. 157, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE ENVIRONMENTAL SERVICES RADON PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS PREVIOUSLY APPROPRIATED IN THE ENVIRONMENTAL SERVICES OPERATING BUDGET WHEREAS, the Fort Collins Environmental Services Radon Program (the "Program") is part of the City’s indoor air quality program, which is guided by the Air Quality Plan with a policy goal to educate and encourage residents to reduce their exposure to indoor air pollution; and WHEREAS, the Program includes aggressive education, a voluntary radon testing program, mandatory radon mitigation in new construction, and an ordinance requiring the distribution of radon information to all residential home-buyers at the point-of-sale; and WHEREAS, the City of Fort Collins has been awarded a grant from the Colorado Department of Health and Environment (“CDHE”) in the amount of $4,973; and WHEREAS, the CDHE grant funds are to be used to lower the lung-cancer risk of Fort Collins residents by directly supporting radon activities identified in two City Budget offers, Air Quality Improvement and the Radon Mitigation Behavioral Study; and WHEREAS, the grant requires $4,973 of matching funds, which have been included in the 2014 Environmental Services budget and are available for transfer to the CDHE project for the Program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the CDHE grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 86 Attachment4.2: Ordinance No. 157, 2014 (2601 : SR 157 Radon Program Grant) - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of FOUR THOUSAND NINE HUNDRED SEVENTY THREE DOLLARS ($4,973) for expenditure in the General Fund for the Environmental Services Radon Program. Section 2. That the unexpended appropriated amount of FOUR THOUSAND NINE HUNDRED SEVENTY THREE DOLLARS ($4,973) is authorized for transfer from the Environmental Services operating budget in the General Fund to the CDHE grant project for the Environmental Services Radon Program and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 87 Attachment4.2: Ordinance No. 157, 2014 (2601 : SR 157 Radon Program Grant) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Jessica Ping-Small, Revenue and Project Manager SUBJECT Second Reading of Ordinance No. 158, 2014, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, appropriate $88,344 of current year General Fund Revenue and prior year General Fund Reserves for a rebate to Woodward of development fees as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Fees. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (PDF) 2. Ordinance No. 158, 2014 (PDF) Packet Pg. 88 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Jessica Ping-Small, Revenue and Project Manager SUBJECT SReading of Ordinance No. 158, 2014, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees. EXECUTIVE SUMMARY The purpose of this item is to appropriate $88,344 of current year General Fund Revenue and prior year General Fund Reserves for a rebate to Woodward of development fees as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Fees. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Agreement Summary On April 2, 2013, City Council adopted Ordinance 055, 2013 approving an Economic Development Project Agreement (“Agreement”) between the City, the DDA, and Woodward, Inc. The agreement specifies Woodward is eligible for a rebate in three areas:  Use Tax on Construction Materials and Eligible Equipment (up to 80%)  Development Fees (100%)  Capital Improvement Fees (up to 50%). Use Tax Woodward plans to invest approximately $169.1 million in new buildings and $50.5 million in new equipment as part of the Project. As outlined in the Agreement, City Council will rebate 80 percent of the use tax collected in connection with these investments. The rebate will include approximately $2.6 million of the total $3.3 million due on construction materials and $1.2 million of the total $1.4 million due on eligible equipment. The use tax rebate on both construction materials and eligible equipment go beyond the general fund portion of the use tax rate. As a result, the general fund must bear the additional cost of the rebate to avoid impacting revenue associated with the dedicated use tax (e.g., Open Space, Street Maintenance, Building on Basics, and Keep Fort Collins Great). This additional cost will be backfilled from the revenue generated by indirect and induced economic impacts to the community. ATTACHMENT 1 Packet Pg. 89 Attachment5.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2596 : SR 158 Woodward appropriation) Agenda Item 8 Item # 8 Page 2 Development Fees As stated in the agreement, City Council will rebate 100 percent of the applicable Development Review Fees (e.g., Plan Check, and Base Building Permit Fee). The final rebate amount will be approximately $300,000. Capital Improvement Fees As part of the Agreement, City Council will rebate 50 percent of the applicable Capital Expansion, Street Oversizing and Utility Plant Investment fees due for the Project. The rebate will include approximately $3.0 million of the total estimated $5.4 million due. These fees are collected to offset the cost each new project imposes on the capital infrastructure within the City. As a result, the cost of the rebate must be backfilled from the revenue generated by indirect and induced economic impacts to the community. The backfilled revenue will make each capital fund whole. Employment Level Requirements The three rebate categories were offered with the stipulation that employment levels must reach or exceed 1,400 employees within the City by December 31, 2018.  If a rebate request is made prior to December 31, 2018, the City will withhold 40% of the rebate until set employment levels have been met.  If the target employment level is reached after December 31, 2018 but before December 31, 2020, Woodward will receive the retained 40 percent less $500,000 (combined between use tax and development fee rebates).  Woodward will not be entitled to the remaining 40 percent if the target level is not reached by December 31, 2020. Rebate Summary Rebate Schedule as agreed upon with Woodward Two applications per year  Application 1 includes: o January through June Development Review and Capital Improvement Fees  Application 2 includes: o June through December Development Review and Capital Improvement Fees o January through December Use Tax. Key Stipulations  Of the rebate amounts eligible, 40% will be withheld in escrow dependent on Woodward reaching the 1,400 employee mark by December 31, 2018.  Use tax and Capital Expansion fees include a backfill requirement by the General Fund which will be accounted for at the time of appropriation. o 100% of the Capital Improvement Fee rebate will be backfilled by the General Fund o 100% of the dedicated taxes will be backfilled by the General Fund • .25% Natural Areas • .25% Streets and Transportation Packet Pg. 90 Attachment5.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2596 : SR 158 Woodward appropriation) Agenda Item 8 Item # 8 Page 3 • .25% Building on Basics Projects • .85% Keep Fort Collins Great o Rebate funds will be appropriated by City Council biannually as part of the rebate process. Current Rebate Due for Period January 1, 2013 - June 30, 2014 Development Fee rebate due of $88,343.19. *Use Tax Rebate only paid once per year. The rebate amount of $88,343.19 includes a portion of Development Review Fees that were paid in 2013 as the project was in its initial phase. Woodward agreed to roll the 2013 fees paid into the first application for 2014. Moving forward, the rebate will be consistent per the agreed upon application schedule. The Council Finance Committee reviewed the appropriation ordinance at their October 20th, 2014 meeting with no suggested changes. FINANCIAL / ECONOMIC IMPACTS The total rebate amount is $88,344, of which $52,106 will come from unanticipated General Fund Revenue and $36,238 of prior year General Fund Reserves, will be appropriated for the purpose of remitting the rebate to Woodward. ENVIRONMENTAL IMPACTS The 101.5 acre project included a restoration of a 31-acre river buffer natural area which was transferred to the City upon completion. In addition, a 10-foot wide Poudre Trail was reconstructed through the new natural area. Packet Pg. 91 Attachment5.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2596 : SR 158 Woodward appropriation) - 1 - ORDINANCE NO. 158, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE WOODWARD, INC. FOR DEVELOPMENT FEES WHEREAS, the City, the Fort Collins Downtown Development Authority, and Woodward, Inc. (“Woodward”) entered into that certain “Agreement with Woodward, Inc.” dated April 16, 2013 (the “Agreement”), which provides business investment assistance for the relocation of Woodward’s headquarters and the expansion of its manufacturing and office facilities in Fort Collins; and WHEREAS, the Agreement specifies that Woodward is eligible for reimbursement from the City for the following paid by it to the City: (1) Use Tax on Construction Materials and Eligible Equipment, (2) Development Fees, and (3) Capital Improvement Fees; and WHEREAS, under the Agreement, Woodward can apply for reimbursement biannually for Development Review and Capital Improvement Fees and once a year for the Use Tax rebate; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and WHEREAS, the Agreement was approved by City Council pursuant to Ordinance No. 055, 2013, on April 2, 2013; and WHEREAS, the current reimbursement due to Woodward for the period of January 1, 2013, through June, 30, 2014, is $88,344 for eligible Development Fees; and WHEREAS, staff is requesting appropriation of $52,106 of unanticipated revenue and $36,238 from prior year reserves in the General Fund to reimburse Woodward in accordance with the Agreement; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 92 Attachment5.2: Ordinance No. 158, 2014 (2596 : SR 158 Woodward appropriation) - 2 - Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the General Fund the sum of FIFTY TWO THOUSAND ONE HUNDRED SIX DOLLARS ($52,106) to reimburse Woodward for Development Fees as required by the Agreement. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of THIRTY SIX THOUSAND TWO HUNDRED THIRTY EIGHT DOLLARS ($36,238) to reimburse Woodward for Development Fees as required by the Agreement. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 93 Attachment5.2: Ordinance No. 158, 2014 (2596 : SR 158 Woodward appropriation) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Darin Atteberry, City Manager SUBJECT Second Reading of Ordinance No. 159, 2014, Amending Section 2-568 of the City Code to add to the Ethical Rules of Conduct a Prohibition on Special Treatment and to Establish a Reporting Requirement for Councilmember Contacts with City Staff. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, promotes transparency and awareness in connection with Councilmember contacts with the administrative service of the City and to establish clear standards related to special treatment in the interpretation, administration or enforcement of the Code, City regulations, policies or programs, or provision of City services by any City officer or employee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (PDF) Packet Pg. 94 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Darin Atteberry, City Manager SUBJECT First Reading of Ordinance No. 159, 2014, Amending Section 2-568 of the City Code to add to the Ethical Rules of Conduct a Prohibition on Special Treatment and to Establish a Reporting Requirement for Councilmember Contacts with City Staff. EXECUTIVE SUMMARY The purpose of this item is to promote transparency and awareness in connection with Councilmember contacts with the administrative service of the City and to establish clear standards related to special treatment in the interpretation, administration or enforcement of the Code, City regulations, policies or programs, or provision of City services by any City officer or employee. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The intent of this new City Code provision is to develop a transparent method requiring any Councilmember to notify the entire Council, City Clerk, and City Manager when said Councilmember makes a non-routine request of the City on behalf of his or herself or business or family. Some matters, such as utility customer information, sales tax information, propriety business information or criminal enforcement-related information will be exempt from this change. City employees, likewise, will be bound under City Personnel Policy to report such contacts to their Service Area Director and reports will be forwarded to the City Manager. The process for reporting such contacts will be addressed in City Administrative Policy. City Code Section 2-568 establishes certain “ethical rules of conduct” that apply to the City’s councilmembers, board and commission members, and employees. Subparagraph (c) of Section 2-568 relates to rules of conduct. The amendments proposed for Section 2-568 clarify that no City officer or employee shall provide any special consideration, treatment, or advantage in the interpretation, administration or enforcement of the Code or any City regulations beyond that which is available to other persons in similar circumstances or need. Subsection (5) of Section 2-568 further requires a Councilmember to deliver written disclosure to the City Clerk’s Office within 24 hours of contacting an officer or employee of the City in connection with that officer’s or employee’s role in relation to a matter not within the Councilmember’s role as an officer of the City. ATTACHMENT 1 Packet Pg. 95 Attachment6.1: First Reading Agenda Item Summary, November 4, 2014 (2602 : SR 159 Council Contacts with staff) - 1 - ORDINANCE NO. 159, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-568 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD TO THE ETHICAL RULES OF CONDUCT A PROHIBITION ON SPECIAL TREATMENT AND TO ESTABLISH A REPORTING REQUIREMENT FOR COUNCILMEMBER CONTACTS WITH CITY STAFF WHEREAS, Section 2-568(c) of the City Code establishes ethical rules of conduct for officers and employees of the City; and WHEREAS, the City Council desires to establish a clear standard and expectation prohibiting special treatment of City officers and employees in the interpretation, administration or enforcement of the Code, City regulations, policies or programs, or provision of City services, by any City officer or employee; and WHEREAS, in order to promote transparency and awareness in connection with Councilmember contacts with the administrative service of the City, the Council has also determined that it will be beneficial to establish a reporting process for such contacts, when they are outside the Councilmember’s official role and are not routine City matters; and WHEREAS, incorporating new requirements as set forth above as part of the ethical rules of conduct will enable the Ethics Review Board to provide consultation and review of matters related to the application of these provisions to City Councilmembers and to members of City boards and commissions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-568(a) of the Code of the City of Fort Collins is hereby amended to add a new definition of the term “related entity” and the term “routine City matter,” to read as follows: Sec. 2-568. Ethical rules of conduct. (a) Definitions. “Related entity” shall mean any corporation, limited liability company, partnership, sole proprietorship, joint venture, trust, estate, foundation, association, business, company or any other organization, whether or not operated for profit, with respect to which an officer or employee, or a relative of the same, has a substantial ownership interest in, is employed by, is an agent for or otherwise represents in any legal capacity. . . . Packet Pg. 96 - 2 - “Routine City matter” shall mean a usual and ordinary registration, reservation, or other request or application, within a program or for public services or City approval, such as a registration for a recreation class, reservation of a park shelter, request for standard utility services or application for a building permit, development approval or variance, or an appeal, provided that the same is carried out using a routine process or system or in a manner consistent with standard practices. . . . Section 2. That Section 2-568(c) of the Code of the City of Fort Collins is hereby amended to add a new subsection (4), to read as follows: Sec. 2-568. Ethical rules of conduct. (c) Rules of conduct. . . . (4) No officer or employee shall request on his or her own behalf, or for or through a relative or related entity, from any other officer or employee, or grant to any other officer or employee, or relative or related entity of the same, any consideration, treatment or advantage in the interpretation, administration or enforcement of the Charter, Code, any City regulation, policy or program or in the provision of public services, that is substantially different from that available to other persons in the same circumstances or having the same need. Section 3. That Section 2-568(c) of the Code of the City of Fort Collins is hereby amended to add a new subsection (5), to read as follows: Sec. 2-568. Ethical rules of conduct. (c) Rules of conduct. . . . (5) If any Councilmember contacts an officer or employee regarding a request in connection with that contacted officer’s or employee’s role and in relation to a matter that is not a routine City matter and is not within the Councilmember’s role as an officer of the City, said Councilmember shall no later than 5:00 p.m. on the next business day after such contact deliver a written disclosure to the City Clerk and the City Manager and to all other members of City Council. The written disclosure must describe the date, time and general subject matter of the contact, together with the identity of the officer or employee contacted. Any private or confidential information, such as tax, utility account, or other personal information may be excluded or redacted from such disclosure. Disclosure by Packet Pg. 97 - 3 - means of an electronic message shall be deemed to constitute written disclosure for purposes of this provision. . . . Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 98 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Josh Weinberg, City Planner SUBJECT Second Reading of Ordinance No. 160, 2014, Designating the Avery Duplex Cottage, 134-136 North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, designates the Avery Duplex, 134-136 North Sherwood, as a Fort Collins landmark. The owners of the property, Kevin and Suzanne Murray and Carl and Karen McWilliams, are initiating this request. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (PDF) 2. Ordinance No. 160, 2014 (PDF) Packet Pg. 99 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Josh Weinberg, City Planner SUBJECT First Reading of Ordinance No. 160, 2014, Designating the Avery Duplex Cottage, 134-136 North Sherwood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY The owners of the property, Kevin and Suzanne Murray and Carl and Karen McWilliams, are initiating this request for Fort Collins Landmark designation of the Avery Duplex at 134-136 North Sherwood Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This duplex dwelling is architecturally significant because it is among Fort Collins’ very best examples of a vernacular Double Pen dwelling, featuring a symmetrical plan with twin entry porches. The dwelling accrues additional significance because it was constructed as a duplex, and is one of only a handful of historic duplexes existing in the city’s Eastside and Westside neighborhoods. Among those that do exist, this one displays a high standard of integrity. The dwelling is also architecturally notable for its architectural details, including horizontal drop siding on the façade, narrow double-hung sash windows, twin dormers, heavy long rectangular single slab sandstone porch steps, and twin hipped-roof entry porches with bead board ceilings. A rental throughout most of its history, the duplex dwelling has provided housing for numerous working class individuals and families through the years. FINANCIAL / ECONOMIC IMPACTS Recognition of 134-136 North Sherwood Street as a Fort Collins Landmark enables its owners to qualify for federal, state and local financial incentive programs available only to designated properties. Additionally, based upon research conducted by Clarion Associates, the property would see an increase in value following designation. Clarion Associates attributed this increase to the fact that future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission (LPC) recommends adoption of the Ordinance on First Reading. At a public hearing held on October 8, 2014, the Landmark Preservation Commission voted to recommend designation of this property under Designation Standards (C), for its architectural significance to the city. ATTACHMENT 1 Packet Pg. 100 Attachment7.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2593 : SR 160 134-136 N Sherwood) Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. Site Map (PDF) 2. Landmark Designation Application (PDF) 3. Owner agreement (PDF) 4. Staff report (PDF) 5. Photographs (PDF) 6. LPC Resolution 8, 2014 (PDF) Packet Pg. 101 Attachment7.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2593 : SR 160 134-136 N Sherwood) - 1 - ORDINANCE NO. 160, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE AVERY DUPLEX COTTAGE 134-136 NORTH SHERWOOD STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by Resolution dated October 8, 2014, the Landmark Preservation Commission (the “Commission”) has determined that the Avery Duplex Cottage located at 134- 136 North Sherwood Street in Fort Collins, and more particularly described in Section 2, below (the “Property”) is eligible for individual Landmark designation for its high degree of exterior integrity and for its significance to Fort Collins under Landmark Standard C, Design/Construction, as a significant locally rare example of a vernacular Double Pen dwelling, featuring a symmetrical plan with twin entry porches; and for its significance under Landmark Standard C, Design/Construction, as an original side-by-side duplex, one of only a handful of such historic duplexes existing in the city’s Eastside and Westside neighborhoods; and WHEREAS, the Commission has further determined that the Property meets the criteria of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a landmark, and has recommended to the City Council that the Property be designated by the City Council as a landmark; and WHEREAS, the owners of the Property have consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are incorporated herein by the City Council as findings of fact. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Packet Pg. 102 Attachment7.2: Ordinance No. 160, 2014 (2593 : SR 160 134-136 N Sherwood) - 2 - The South 23 feet of Lot 11 and the North 23 feet of Lot 12, Block 51 City of Fort Collins, County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code. Section 3. That the criteria in City Code Section 14-48 will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the above described property will be reviewed for compliance with City Code Chapter 14, Article III. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 103 Attachment7.2: Ordinance No. 160, 2014 (2593 : SR 160 134-136 N Sherwood) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT Second Reading of Ordinance No. 161, 2014, Designating the Garcia Property, 321 North Whitcomb Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, designates the Garcia Property, 321 North Whitcomb as Fort Collins landmark. The owner of the property, Kate A. Polk, is initiating this request. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (PDF) 2. Ordinance No. 161, 2014 (PDF) Packet Pg. 104 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT First Reading of Ordinance No. 161, 2014, Designating the Garcia Property, 321 North Whitcomb Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY The owner of the property, Kate A. Polk, is initiating this request for Fort Collins Landmark designation of the Garcia Property, located at 321 North Whitcomb Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Garcia Property, located at 321 North Whitcomb Street in Fort Collins, is eligible for Landmark designation for its significance to Fort Collins, under Landmark Designation Standard A, Events, for its characterization of historic patterns and trends representing the broad immigration patterns in early twentieth century Fort Collins associated with a once predominantly Hispanic area of the West Side neighborhood centered around the Holy Family Catholic Church; and under Landmark Standard C, Design/Construction, for embodying the distinctive characteristics of an architectural type and period as a hipped roof Classic Cottage. FINANCIAL / ECONOMIC IMPACTS Recognition of the Garcia Property, 321 North Whitcomb Street, as a Fort Collins Landmark enables its owner to qualify for federal, state and local financial incentive programs available only to designated properties. Additionally, based upon research conducted by Clarion Associates, the property should see an increase in value following designation. Clarion Associates attributed this increase to the fact that future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission recommends adoption of the Ordinance on First Reading. At a public hearing held on October 8, 2014, the Landmark Preservation Commission voted unanimously (7-0) to recommend designation of this property under Standard A, Events, for its characterization of historic patterns and trends representing the broad immigration patterns in early twentieth century Fort Collins associated with a once predominantly Hispanic area of the West Side neighborhood centered around the Holy Family Catholic Church; and under Landmark Standard C, Design/Construction, for embodying the distinctive characteristics of an architectural type and period as a hipped roof Classic Cottage. ATTACHMENT 1 Packet Pg. 105 Attachment8.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2592 : SR 161 321 N Whitcomb) Agenda Item 11 Item # 11 Page 2 ATTACHMENTS 1. Location Map (PDF) 2. Landmark Nomination (PDF) 3. Owner Agreement (PDF) 4. Staff Report (PDF) 5. Photos (PDF) 6. LPC Resolution 9, 2014 (PDF) Packet Pg. 106 Attachment8.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2592 : SR 161 321 N Whitcomb) - 1 - ORDINANCE NO. 161, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE GARCIA PROPERTY, 321 NORTH WHITCOMB STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by Resolution dated October 8, 2014, the Landmark Preservation Commission (the “Commission”) has determined that the Garcia Property located at 321 North Whitcomb Street in Fort Collins, and more particularly described in Section 2, below (the “Property”) is eligible for Landmark designation for its significance to Fort Collins under Landmark Designation Standard A, Events, for its characterization of historic patterns and trends representing the broad immigration patterns in early twentieth century Fort Collins associated with a once predominantly Hispanic area of the West Side neighborhood centered around the Holy Family Catholic Church; and under Landmark Standard C, Design/Construction, for embodying the distinctive characteristics of an architectural type and period as a hipped roof Classic Cottage; and WHEREAS, the Commission has further determined that the Property meets the criteria of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a landmark, and has recommended to the City Council that the Property be designated by the City Council as a landmark; and WHEREAS, the owner of the Property has consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are incorporated herein by the City Council as findings of fact. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Packet Pg. 107 Attachment8.2: Ordinance No. 161, 2014 (2592 : SR 161 321 N Whitcomb) - 2 - Lot 9, Cotton’s Re-Subdivision, Block 273, West Side Addition City of Fort Collins, County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code. Section 3. That the criteria in City Code Section 14-48 will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the above described property will be reviewed for compliance with City Code Chapter 14, Article III. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 108 Attachment8.2: Ordinance No. 161, 2014 (2592 : SR 161 321 N Whitcomb) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT Second Reading of Ordinance No. 162, 2014, Designating the 508 Remington Street Property, 508 Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, designates the 508 Remington Street Property, 508 Remington, as a Fort Collins landmark. The owner of the property, James L. MacDowell IIl, is initiating this request. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014, (w/o attachments) (PDF) 2. Ordinance No. 162, 2014 (PDF) Packet Pg. 109 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT First Reading of Ordinance No. 162, 2014, Designating the 508 Remington Street Property, 508 Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY The owner of the property, James L. MacDowell IIl, is initiating this request for Fort Collins Landmark designation of the 508 Remington Street Property, located at 508 Remington Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The 508 Remington Street Property, located at 508 Remington Street in Fort Collins is eligible for Landmark designation for its high degree of integrity combined with its significance under Landmark Standard C, Design/Construction, for its architectural merits as an exceptionally detailed, well-preserved example of a Queen Anne style residence, with especially noteworthy, very intricate brickwork. The property is listed on the National Register of Historic Places and the Colorado Register of Historic Properties, as part of the Laurel School National Register Historic District. FINANCIAL / ECONOMIC IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive programs available only to Landmark designated properties. Due to its listing on the National and State Registers, the property owner already qualifies for state and federal financial programs for historic preservation. Based upon research conducted by Clarion Associates, the property should see an increase in value following designation. Clarion Associates attributed this increase to the fact that future owners will also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission (LPC) recommends adoption of the Ordinance on First Reading. At a public hearing held on September 10, 2014, the Landmark Preservation Commission voted unanimously (to recommend designation of this property under Designation Standards (C), for its architectural significance to Fort Collins. ATTACHMENT 1 Packet Pg. 110 Attachment9.1: First Reading Agenda Item Summary, November 4, 2014, (w/o attachments) (2594 : SR 162 508 Remington) Agenda Item 12 Item # 12 Page 2 ATTACHMENTS 1. Site Map (PDF) 2. Landmark Nomination (PDF) 3. Owner consent (PDF) 4. Staff Report (PDF) 5. Photos (PDF) 6. LPC Resolution 5, 2014 (PDF) Packet Pg. 111 Attachment9.1: First Reading Agenda Item Summary, November 4, 2014, (w/o attachments) (2594 : SR 162 508 Remington) - 1 - ORDINANCE NO. 162, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE 508 REMINGTON STREET PROPERTY, 508 REMINGTON STREET, FORT COLLINS, COLORADO AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by Resolution dated September 10, 2014, the Landmark Preservation Commission (the “Commission”) has determined that the 508 Remington Street Property located at 508 Remington Street in Fort Collins, and more particularly described in Section 2, below (the “Property”) is eligible for Landmark designation for its high degree of exterior integrity and for its significance to Fort Collins under Landmark Standard C, Design/Construction, for its architectural merits as an exceptionally detailed, well-preserved example of a Queen Anne style residence, with especially noteworthy, very intricate brickwork; and WHEREAS, the Commission has further determined that the Property meets the criteria of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a landmark, and has recommended to the City Council that the Property be designated by the City Council as a landmark; and WHEREAS, the owner of the Property have consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are incorporated herein by the City Council as findings of fact. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Lot 7, Block 135, City of Fort Collins County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code. Packet Pg. 112 Attachment9.2: Ordinance No. 162, 2014 (2594 : SR 162 508 Remington) - 2 - Section 3. That the criteria in City Code Section 14-48 will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the above described property will be reviewed for compliance with City Code Chapter 14, Article III. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 113 Attachment9.2: Ordinance No. 162, 2014 (2594 : SR 162 508 Remington) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Brian Hergott, Facilities Project Manager Ken Mannon, Operations Services Director Bob Adams, Recreation Director SUBJECT First Reading of Ordinance No. 165, 2014, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate an additional $10,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee and will be used toward the cost of constructing a 22-foot x 46-foot storage garage at the far west end of the new parking lot. This storage shed will replace the four temporary units currently at the site and be used to store equipment and supplies used at the Senior Center. The total price to construct this shed is $30,500, Parks is contributing $14,000 toward their portion of the shed and the balance is being picked up by the project capital funds. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Senior Center Expansion Committee was formed in 2007 as a 501(c)3 organization to raise funds for the Senior Center Expansion. The Committee has raised and turned over $550,000 which has previously been appropriated and used for the expansion project, pursuant to Ordinance Nos. 002 and 082, 2014, including 1% reservations for the APP artwork portion of the project, as required by Section 23-304(a) of the City Code. FINANCIAL / ECONOMIC IMPACTS These funds will be put toward the cost of constructing a 22-foot x 46-foot storage garage which is being located at the west end of the new parking lot. BOARD / COMMISSION RECOMMENDATION At its October 15, 2014, Senior Center Expansion Committee discussed this appropriation and recommended adoption of the Ordinance. Packet Pg. 114 Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. FCSC Expansion Committee Minutes, October 15, 2014 (PDF) 2. FCSC Expansion Committee - Letter of Intent (PDF) 3. Receipt of Cash Donation (PDF) 4. Shed Elevation (PDF) 5. Shed Plan (PDF) Packet Pg. 115 ATTACHMENT 1 Packet Pg. 116 Attachment10.1: FCSC Expansion Committee Minutes, October 15, 2014 (2566 : Senior Center Appropriation) ATTACHMENT 2 Packet Pg. 117 Attachment10.2: FCSC Expansion Committee - Letter of Intent (2566 : Senior Center Appropriation) ATTACHMENT 3 Packet Pg. 118 Attachment10.3: Receipt of Cash Donation (2566 : Senior Center Appropriation) Packet Pg. 119 Attachment10.3: Receipt of Cash Donation (2566 : Senior Center Appropriation) ATTACHMENT 4 Packet Pg ATTACHMENT 5 Packet Pg - 1 - ORDINANCE NO. 165, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE FOR THE SENIOR CENTER EXPANSION PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City has received $10,000 from the Senior Center Expansion Committee for the Senior Center Expansion Project; and WHEREAS, the Senior Center Expansion Project is one of the projects approved by voters in 2005 for the Building on Basics Capital Program; and WHEREAS, the Senior Center Expansion Project focuses on increasing fitness and wellness facilities, activities, and programs for the active adult population in Fort Collins; and WHEREAS, prior appropriation of funds for the project, including reservation of one percent of such appropriations for the APP artwork as part of the project, occurred pursuant to Ordinance Nos. 002 and 082, 2014; and WHEREAS, upon appropriation of these funds to the Capital Projects Fund, these additional funds will be used to help construct a storage shed at the far-east end of the new parking lot, which storage shed will replace the four temporary units currently at the site and will be used to store equipment and supplies for the Senior Center; and WHEREAS, the Senior Center Expansion Project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these appropriations ($100) to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with $78 reserved for the APP artwork project and $22 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the above-referenced appropriation of funds will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 122 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund the sum of TEN THOUSAND DOLLARS ($10,000) for the Senior Center Expansion - Building on Basics Capital Project. Section 2. That the unexpended appropriated amount of SEVENTY-EIGHT DOLLARS ($78) in the Capital Projects Fund - Senior Center Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund - Art in Public Places Project and appropriated therein for the Art Project associated with the Senior Center Expansion pursuant to City Code Section 23-304(a). Section 3. That the unexpended appropriated amount of TWENTY-TWO DOLLARS ($22) in the Capital Projects Fund - Senior Center Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations pursuant to City Code Section 23-304(a). Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 2014, and to be presented for final passage on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 123 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Delynn Coldiron, Customer and Admin Services Supervisor Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT First Reading of Ordinance No. 166, 2014 Amending Section 20-92 of the Code of the City of Fort Collins Pertaining to Inoperable Motor Vehicles. EXECUTIVE SUMMARY The purpose of this item is to amend the inoperable motor vehicle ordinance to improve its enforceability in light of the general purpose for the provision, which is to prohibit the storage of inoperable vehicles within ordinary public view. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins Municipal Code Section 20-92 regarding the storage of inoperable motor vehicles currently provides that Code Compliance Inspectors may issue citations for violations of inoperable motor vehicles stored for more than thirty (30) days within ordinary public view. The penalty for a violation of the inoperable motor vehicle code is a civil infraction. The intent of the Code was to provide a remedy for neighbors and citizens when an inoperable motor vehicle is viewable from the street. The current language of the Code allows for a vehicle owner to use a car cover or some other way to obstruct the view from the public right-of-way, thereby circumventing the intent of the Code. This Code amendment will provide Code Compliance the ability to enforce the provision by establishing a rebuttable presumption that a vehicle is inoperable when the license plate or validation sticker has been covered or is otherwise not visible. This would allow Code Compliance to notify the property and/or vehicle owner of the Code requirements and request information indicating that the vehicle is operable. Packet Pg. 124 - 1 - ORDINANCE NO. 166, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 20-92 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO INOPERABLE MOTOR VEHICLES WHEREAS, on November 18, 1986, the City Council adopted Ordinance No. 183, 2006, regulating the storage of certain inoperable vehicles; and WHEREAS, City staff has periodically received complaints from neighbors and other citizens regarding the unsightliness and hazards of residential properties where inoperable vehicles are viewable from the public right-of-way; and WHEREAS, the penalty for a violation of the inoperable vehicle provision is a civil infraction; and WHEREAS, the definition of inoperable vehicle includes vehicles that are (1) junked or abandoned, and (2) not properly licensed and registered; and WHEREAS, sometimes owners of inoperable vehicles place a cover over the inoperable vehicle or otherwise obstruct the license plate, which can frustrate the enforcement efforts of City employees and make it difficult or impossible to enforce the Code; and WHEREAS, the City Council has determined that it is in furtherance of the health, safety, and welfare of the residents of the City that Article VI of Chapter 20 of the Code of the City of Fort Collins be amended to address the concerns above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 20-91 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Sufficient screening” which reads in its entirety as follows: Sufficient screening shall mean screening of sufficient size, strength and density, such as a solid fence, trees or shrubbery, to screen an inoperable vehicle from ordinary public view and to prohibit ready access to children. A vehicle cover shall not be considered sufficient screening. Section 2. That Section 20-92 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-92. Unsheltered storage prohibited. (a) The unsheltered storage of an inoperable motor vehicle for thirty (30) days or more on any private property within the City is hereby declared to be a nuisance and Packet Pg. 125 - 2 - dangerous to the public health, safety and welfare, unless such inoperable vehicle is located behind sufficient screening. An inoperable motor vehicle not located in a garage or other building shall be placed behind screening of sufficient size, strength and density, such as a solid fence, trees or shrubbery, to screen it from ordinary public view and to prohibit ready access to such vehicle by children. (b) There is hereby established a rebuttable presumption that any unsheltered vehicle that meets the following criteria is an inoperable vehicle: (1) The vehicle does not display a visible license plate or validation sticker, or the license plate or validation sticker is obstructed from view by an object, including but not limited to, another vehicle, stored materials, or a vehicle cover; (2) The vehicle, whether or not covered by a vehicle cover, is viewed by a City employee, at least weekly, for a period of 30 days or more; and (3) The vehicle is in substantially the same location during each observation of the City employee. Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 2014, and to be presented for final passage on the 2nd day of December, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 126 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Karen McWilliams, Historic Preservation Planner SUBJECT First Reading of Ordinance No. 168, 2014, Designating the William and Violet Jackson/Robert Bailey Property, 1306 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY The owner of this property, Robert Bailey, is initiating this request for Fort Collins Landmark designation of the William and Violet Jackson/Robert Bailey Property at 1306 West Mountain Avenue. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The William and Violet Jackson/Robert Bailey Property, located at 1306 West Mountain Avenue, is being nominated for Landmark recognition for its significance to Fort Collins under Landmark Preservation Standard C, for its embodiment of the distinctive characteristics of a type, period, or method of construction. The house is a classic example of the Craftsman style, popular in Fort Collins during the early twentieth century. Constructed in 1922, the building’s distinctive features include varying colors of brick set in a beautiful Flemish bond, exposed roof elements, a prominent front entry, and a substantial front porch. The first of two automobile garages was constructed in 1942, and the second in 1968. FINANCIAL / ECONOMIC IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for federal, state and local financial incentive programs available only to designated properties. Additionally, based upon research conducted by Clarion Associates, the property should see an increase in value following designation. Clarion Associates attributed this increase to the fact that future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission recommends adoption of the Ordinance on First Reading. At a public hearing held on September 10, 2014, the Landmark Preservation Commission voted unanimously to recommend designation of this property under Designation Standard (C), for its architectural significance to Fort Collins. Packet Pg. 127 Agenda Item 12 Item # 12 Page 2 ATTACHMENTS 1. Location Map (PDF) 2. Landmark Designation Application (PDF) 3. Owner Consent (PDF) 4. Staff Report (PDF) 5. Photos (PDF) 6. LPC Resolution #6, 2014 (PDF) Packet Pg. 128 Oakwood School City Park W Oak St Pearl St C i ty P ar k Dr Lyons St Sylvan Ct Jackson Ave N Roosevelt Ave Leland Ave N Mckinley Ave Sheldon Dr S Mckinley Ave S Roosevelt Ave N Mckinley Ave W Mountain Ave Laporte Ave 1306 W Mountain Ave 1 inch = 200 © feet Site ATTACHMENT 1 Packet Pg. 129 Attachment12.1: Location Map (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 1 Fort Collins Landmark Designation LOCATION INFORMATION: Address: 1306 West Mountain Avenue, Fort Collins, Colorado Legal Description: Lot 2, Block 2, Swett’s Addition, City of Fort Collins Property Name (historic and/or common): William and Violet Jackson / Robert Bailey Property OWNER INFORMATION: Name: Robert Bailey Phone: 970-484-5411 Email: ecoregions@cs.com Address: 1306 West Mountain Ave., Fort Collins, Colorado 80521 or P.O. Box 512, Fort Collins, Colorado 80522 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY: Name and Title: Mitchell Schaefer, Historic Preservation Intern; Karen McWilliams, Historic Preservation Planner Address: City of Fort Collins, Historic Preservation Department, P.O. Box 580, Fort Collins, CO 80522 Phone: 970-224-6078 Email: kmcwilliams@fcgov.com Relationship to Owner: None DATE: Prepared 2 September 2014. Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.41 0 970.22 4- fax fcgov.c ATTACHMENT 2 Packet Pg. 130 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 2 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property includes two contributing resources, the Craftsman bungalow home built in 1922 and the one-car garage located on the northwest corner of the lot, which William G. Jackson constructed in 1942. The two-car garage, constructed in 1968 by Robert Waldron, located southeast of the one-car garage and northeast of the home, does not contribute to the significance of the property due to its age. SIGNIFICANCE and EXTERIOR INTEGRITY Properties are eligible for designation if they possess both significance and integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. Integrity is the ability of a site, structure, object or district to be able to convey its significance. Significance: Standard A: Events. This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. Standard B: Persons/Groups. This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. Standard C: Design/Construction. This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. Standard D: Information potential. This property has yielded, or may be likely to yield, information important in prehistory or history. Integrity: Location. This property is located where it was originally constructed or where an historic event occurred. Design. This property retains a combination of elements that create its historic form, plan space, structure, and style. Setting. This property retains a character and relationship with its surroundings that reflect how and where it was originally situated in relation to its surrounding features and open space. Materials. This property retains much of the historic physical elements that originally formed the property. Workmanship. This property possesses evidence of the crafts of a particular culture or people during any given period in history or prehistory. This consists of evidence of artisans' labor and skill in constructing or altering the building, structure or site. Feeling. This property expresses the aesthetic or historic sense of a particular period or time. This results from the presence of physical features that, taken together, convey the property's historic character. Association. This property retains an association, or serves as a direct link to, an important historic event or person. It retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Packet Pg. 131 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 3 STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY The property at 1306 West Mountain Avenue is significant under Fort Collins Landmark Designation Standard C for embodying the distinctive characteristics of an architectural type and period. This one-and-a-half story 1922 Craftsman bungalow home is an excellent example of the west-coast Craftsman architectural style, popular in the early twentieth century. Its front-gabled roof, overhanging eaves with exposed roof rafters, false purlins, and iconic 19-by-7-foot porch are only some of the stylistic aspects that make up approximately one-third of all Craftsman homes in America.1 This home retains an abundance of its exterior and interior integrity. The home stands in the very location where it was originally built in 1922, and has excellent integrity of materials, workmanship and design. Limited alterations to the property and to the surrounding neighborhood have helped to preserve its setting and feeling. The current owner, Robert Bailey, has made great efforts to restore the home to its 1920s character, and in doing so, provide a living snapshot into the past of the Fort Collins community. HISTORICAL INFORMATION This Craftsman bungalow home was constructed very likely in 1922. In September 1921, William Glenn Jackson, the vice president, advertising manager, and secretary for the Fort Collins Express-Courier (now the Fort Collins Coloradoan), purchased Lot 2, Block 2, of the Swett’s Addition to the city for $500.00.2 On June 3, 1922, Jackson obtained a ten-year loan for $3,000.00 for construction materials.3 Jackson hired Walter A. Knight, a building contractor living in Fort Collins, to build the house, and on June 21, 1922, Knight obtained a permit from the city to construct a “Five-room brick bungalow” for $4,000.00.4 William Glenn Jackson, the only son of William and Della McMillan Jackson, was born on June 5, 1884, in Ohio. By 1888 the family had moved to Colorado Springs. The younger William attended schools in the area, and, on July 18, 1907, at the age of 23, he married Grace Violet Sanders in that city. The 1910 federal census shows that Jackson had begun his newspaper career, working as a reporter in Colorado Springs. By 1918, when William registered for the draft, he and Violet had relocated to Fort Collins, and were living at 1133 Laporte Avenue. The 1920 census found them still at that address, along with their two young sons, William Frank and Glenn V. In 1922, the Jacksons moved into this Mountain Avenue residence, where they lived until at least until 1927. In 1930, the family was living in Eugene, Oregon, where William Jackson worked in newspaper advertising. Soon after, the family relocated to Estes Park. In May 1931, William G. Jackson and Dean Kirby became owners of the Estes Park Trail. Jackson bought Kirby out in August 1934. Former secretary of the Estes Park Chamber of Commerce William Dings became editor the same year. Jackson’s son, William F. Jackson, took over as the newspaper’s editor in 1938. After living in Estes Park for many years, William and Violet Jackson returned to Colorado Springs, where they remained until William’s death in 1966 and Violet’s in 1973. When the Jacksons left this Mountain Avenue home in the late 1920s, they chose to rent the property out rather than sell. Over the next nearly thirty years, at least seven different tenants lived here. The occupations of those residents ranged from lawyers and editors to gas inspectors and “sheep commissioners.” In 1942, Jackson acquired a building permit to construct a 12’ X 20’ 1 Virginia Savage McAlester, A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture (New York: Knopf, 2013), 567. 2 Warranty Deed, September 16, 1921, Conveyance No. 41, Abstract of Title to Lot 2, Block 2, Swett’s Addition to Fort Collins, in possession of Robert Bailey, Fort Collins, Colorado. 3 Mortgage Deed, June 3, 1922, Conveyance No. 44, Abstract of Title; Fort Collins, Loveland and Larimer County Directory, 1922 (Colorado Springs: R. L. Polk Directory Co., 1922), 85. 4 City of Fort Collins Building Permit No. 1027, June 21, 1922. Packet Pg. 132 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 4 “frame one car garage” on the northwest corner of the lot; the estimated cost of labor and materials was $200.00.5 In 1947, Jackson re-shingled the home.6 In October 1949, the Jacksons sold the Craftsman home to Gordon and Evelyn Heumesser. Gordon Heumesser was employed as a steward for the Elks Club, and Evelyn Heumesser worked as a bookkeeper.7 The Heumessers remained here until 1963.8 In November of that year, they sold their home to John H. Rust Jr., a machinist, and his wife Dorothy.9 The Rusts financed their new home through the Fort Collins Federal Savings and Loan Association for $12,800.00, and remained here for five years until selling it to Robert “Bob” and JoAnne Waldron in 1968.10 The same year that the Waldrons purchased the home, they also paid $1,000.00 to construct a 22’ x 26’ two-car detached garage on the property.11 Bob Waldron, a World War II veteran, met his future wife, Joanne Bancroft in 1947, while both were working in downtown Fort Collins. The couple was married on February 22, 1948, and raised two daughters, Suzanne (Henderson) and Gwen (Feit). Bob worked at Paramount Laundry and then at Colorado State University Food Services, retiring from this position in 1972. JoAnne retired from Steele’s market in 1991, where she worked for 34 years. Bob Waldron passed away on December 6, 1999,12 and JoAnne on September 11, 2002. The current owner, Robert Bailey, purchased the home in 2001. Bailey, an ecological geographer and writer, is employed by the U.S. Forest Service.13 Since purchasing his home, Mr. Bailey has made great pains to restore it to its original 1920s Craftsman style both inside and out. “Fortunately,” he stated in an American Bungalow article he published in 2011, “the exterior needed little work.” He did, however, replace old aluminum storm windows with wood frames to fit the period, and in 2007 he paid to tear off the existing roof and replaced it with asphalt shingles.14 In an effort to “bring back the spirit of the original construction” Bailey has done extensive interior work including re-installing the original bathroom sink and toilet (which he found in the basement), removing the carpet to refinish and improve the pine flooring, and repainting much of the interior. Even much of Robert Bailey’s furniture fits the beautiful 1920s style of this beautiful brick Craftsman home.15 ARCHITECTURAL INFORMATION Construction Date: 1922 Architect/Builder: Walter A. Knight, Builder Building Materials: Brick, Wood Architectural Style: Craftsman Bungalow Description: This one-and-a-half story 1922 Craftsman bungalow home retains much of its original integrity of design, workmanship and materials, and stands as a wonderful example of the west-coast Craftsman style. The low pitched, open and front-gabled roof includes overhanging exposed roof rafters and is topped by asphalt shingles. The outer brick walls are set in Flemish bond with shiners and rowlocks facing outward. Two distinct bands of darker brick are set in a repeating pattern with only rowlocks exposed and pairs of specialty cut smaller bricks edge all corners of the main house. The lower band of rowlock bricks sits flush with the outer layer of brick as it wraps around the house, including the front porch, and forms the lintels for the basement windows. The 5 City of Fort Collins Building Permit No. 6968, May 6, 1942. 6 City of Fort Collins Building Permit No. 9851, May 12, 1947. 7 Warranty Deed, October 31, 1949, Entry No. 65, Abstract of Title; Fort Collins City Directory 1952 (Colorado Springs: Rocky Mountain Directory Co., 1952), 131. 8 See Fort Collins city directories, 1952, 1954, 1956, 1957, 1959, 1960, 1962, 1963. 9 Deed, November 4, 1963, Entry No. 70, Abstract of Title. 10 See Fort Collins city directories, 1964–1968. 11 City of Fort Collins Building Permit No. 12395, June 10, 1968. 12 Obituary of Robert Waldron, Coloradoan, December 8, 1999. 13 Julie Estlick, “Back to Life,” Lydia’s Style Magazine, September 2008, 34. 14 City of Fort Collins Building Permit No. B0703533, June 5, 2007. 15 Robert Bailey, “The Sustainable Bungalow: Ecological Design in Historical Perspective,” American Bungalow 71 (2011): 72–83. Packet Pg. 133 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 5 higher-placed and corbelled band runs around the house forming the bottom sill of the first-story windows and connects with the cement cap of the porch’s wall structure. An undated addition to the kitchen on the rear (north) elevation sits on the northeast corner of the home and opens to a rear porch. The foundation is unexposed, but the base of the front and rear porches are constructed of cement. The front (south) elevation includes two open, low-pitched gables finished with shingles, one as part of the larger roof and the other covering the porch. The open and covered porch runs only a partial length of the front elevation. Its brick walls are set in Flemish bond capped by cement and lead to the front entryway. The porch’s gabled roof is supported by two brick pillars set in stretcher bond that rise from the porch’s brick walls. These pillars may have been repaired or installed sometime after the original construction, but building permits reveal no information concerning their addition. The porch’s gable has a slightly lower pitch than, and is symmetrical with, the front gable of the home and includes the exposed and overhanding rafters typical to Craftsman homes. Two decorative purlins are found below the soffits on either side of the porch’s gable. The steps leading up to the porch, along with the main entryway, is slightly asymmetrical and located just to the east of the center of the south elevation. The front entryway is protected by a glass door with wood rails and opens inward while an accompanying screen door opens outward. On either side of the front entryway are double-hung sash windows in cream wood frames that the current owner replaced after purchasing the property in 2001. The steps leading up to the porch are made of poured cement and adorned with decorative metal hand rails. Both of the east and west elevations are simple with little elaboration and continue the Flemish brick bond with the two distinctive dark-brick bands. On the west elevation four single pane windows that are nearly flush with the ground are surrounded by cream wood frames and provide light to the basement. Three double-hung sash windows and one single-pane window for the bathroom make up the first-story windows on the west elevation. Each of these windows is surrounded by cream wood frames. The three larger double-hung windows use the upper band of rowlock-patterned bricks as their sills. The east elevation bears a brick chimney set in corbelled Flemish bond before it pierces the roof, but set in standard, or running, bond there above without any corbelling or decorative patters above the roof line. This elevation bears four separate windows, one located just to the south of the chimney and three to the north. The only window located to the south of the chimney is a double-hung sash window surrounded by cream wooden frames. Like almost all other first-story windows it uses the higher-set band of rowlock bricks as its sill. The first, and smaller, of the three windows located north of the chimney is a double-hung sash window. The second window is comprised of three double-hung windows surrounded by cream wood frames and divided by two cream wooden mullions. The third and northern-most window has its own row of dark bricks for a sill that also bear only rowlocks in a uniform pattern, but is separate from the band that extends around the entire house. This window has four lights arranged in two double-hung windows separated by a single cream wooden mullion. Two, double- pane windows are flush with the ground and, like those on the east elevation, provide light for the basement rooms. The rear (north) elevation includes the same low-pitched gable as the front also finished with shingles, but also includes a wood-frame addition to the brick structure on the northeast corner of the home. The only window on the north elevation that is set in the brick structure is located west of the addition and is a double-hung sash window set in a cream wooden frame and it also uses the higher-set rowlock band of dark bricks as its sill. The partial hipped-roof addition protrudes from the northeast corner of the home and provides additional space within the kitchen. This addition very well may have been a later addition as the current owner informed Historic Preservation department staff that when he restored the wood flooring in the kitchen he found a portion of the wall that is now covered by the restored wood floor. Its outer walls are finished with vertical wood siding without a rake and the roof rafters are open and exposed on the west and east elevations of the addition itself. The northern exposed rafters are hidden by the rain gutter than runs the entire length of the addition’s northern roof. It also bears a door with light pane and a screen door on the outside that lead out to the back porch and backyard. West of the rear entryway on the addition are two double-hung windows surrounded by cream wood frames and separated by a cream wood mullion. The back porch is entirely composed of cement and is Packet Pg. 134 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 6 surrounded by a simple metal pipe railing. The steps to the porch are found on both the west and east sides and have since cracked away from the rest of the porch structure due to ground settling. The one-car garage included within this landmark designation is located on the northwest corner of the property and was built by William G. Jackson, then the owner of the property, in 1942. The car door faces north and opens into the alley. It is a front-gable structure with overhanging, exposed roof rafters and asphalt shingles. The four elevations are covered with light brown drop siding and all edges are protected with cream wood corner boards. The car door is symmetrical with the gable and made up of eight green wood panels and surrounded by a cream wood framework. The entryway is located on the east elevation in the southeast corner and is painted to match the car door. It has two wood panels within rails and is surrounded by cream wood framework. The east elevation includes one four-pane window with cream wood frames and a wooden sill to match. A similar four-pane window is fond on the south elevation and is slightly offset to the west from the center of the gable. The two-car garage on the property built in 1968 by Robert Waldron is located to the northeast of the home and to the southeast of the one-car garage described above. This structure is not considered to be a historically significant element of this property, and is not included in this landmark designation. Packet Pg. 135 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) Revised 08-2014 Page 7 REFERENCE LIST or SOURCES of INFORMATION Abstract of Title of Lot two (2) in Block two (2), of Swett’s Addition to the City of Fort Collins, Colorado; in Larimer County, Colorado, compiled by The Fort Collins Abstract Company. In the possession of Robert Bailey, Fort Collins, Colorado. Bailey, Robert. “The Sustainable Bungalow: Ecological Design in Historical Perspective.” American Bungalow 71 (2011): 72-83. Ching, Francis D. K. A Visual Dictionary of Architecture. New York: John Wiley & Sons, Inc. 1995. City of Fort Collins building permits, City of Fort Collins, Historic Preservation Department, Fort Collins, Colorado and Fort Collins Local History Archive, Fort Collins, Colorado. City Directories of Fort Collins, City of Fort Collins, Historic Preservation Department, Fort Collins, Colorado and Fort Collins Local History Archive, Fort Collins, Colorado. Estlick, Julie. “Back to Life.” Lydia’s Style Magazine (September 2008): 32–34. Family Search: William Glenn Jackson. https://familysearch.org Federal Census of the United States: 1880, 1900, 1910, 1920, 1940. Accessed through www.heritagequestonline.com. “JoAnne Waldron.” (Obituary). Fort Collins Coloradoan, September 13, 2002. McAlester, Viriginia Savage. A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture. New York: Alfred A. Knopf, 2013. “Robert Waldron.” (Obituary). Fort Collins Coloradoan, December 8, 1999. Packet Pg. 136 Attachment12.2: Landmark Designation Application (2530 : 1306 West Mountain Avenue Landmark Designation) ATTACHMENT 3 Packet Pg. 137 Attachment12.3: Owner Consent (2530 : 1306 West Mountain Avenue Landmark Designation) Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation LANDMARK PRESERVATION COMMISSION September 10, 2014 STAFF REPORT PROJECT: 1306 West Mountain Avenue CONTACT: Karen McWilliams, Historic Preservation Planner APPLICANT: Robert Bailey, Owner REQUEST: Fort Collins Landmark Designation of the William and Violet Jackson/Robert Bailey Property at 1306 West Mountain Avenue, Fort Collins, Colorado BACKGROUND: The William and Violet Jackson/Robert Bailey Property, located at 1306 West Mountain Avenue, is being nominated for Landmark recognition for its significance to Fort Collins under Landmark Preservation Standard C, for its embodiment of the distinctive characteristics of a type, period, or method of construction. The Jackson/Bailey house is a classic example of the Craftsman style, popular in Fort Collins during the early-twentieth century, with many noteworthy architectural details. Constructed in 1922, the building’s distinctive features include varying colors of brick set in a beautiful Flemish bond, exposed roof elements, a prominent front entry, and a substantial front porch. The first of two automobile garages was constructed in 1942; as a simply designed single-car garage, it illustrates a time when many Americans were purchasing personal vehicles for the first time, and contributes to the significance of the property. The second garage, constructed in 1968, is not considered to be a historically significant element of this property, and is not included in this landmark designation. The current owner, Robert Bailey, has made extensive efforts since his purchase of the property in 2001 to restore the exterior and interior of the home, and is pursuing this Landmark designation. The property’s context is that of an early twentieth century residential neighborhood. Limited alterations to the property and to the surrounding neighborhood have helped to preserve its setting and feeling, and the Jackson/Bailey property relates to and contributes to the neighborhood’s context. COMMISSION ACTION: The Landmark Preservation Commission shall make a recommendation to Council regarding the request for Landmark designation of the William and Violet Jackson/Robert Bailey Property, 1306 West Mountain Avenue. REVIEW CRITERIA: Municipal Code Section 14-5, Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts, provides the criteria for determining the eligibility of a property for Landmark designation. It states, “Properties eligible for designation must possess both significance and exterior integrity. In making a determination of eligibility, the context of the area surrounding the property shall be considered.” Standards for determining significance: ATTACHMENT 4 Packet Pg. 138 Attachment12.4: Staff Report (2530 : 1306 West Mountain Avenue Landmark Designation) - 2 - A. Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A property can be associated with either (or both) of two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. B. Persons/Groups. Properties may be determined to be significant if they are associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. C. Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. This standard applies to such disciplines as formal and vernacular architecture, landscape architecture, engineering and artwork, by either an individual or a group. A property can be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and/or uses over a period of time. Examples are residential buildings which represent the socioeconomic classes within a community, but which frequently are vernacular in nature and do not have high artistic values. D. Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. Standards for determining exterior integrity: a. Location is the place where the historic property was constructed or the place where the historic event occurred. b. Design is the combination of elements that create the form, plan space, structure and style of a property. c. Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. d. Materials are the physical elements that form a historic property. e. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. f. Feeling is a property's expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property's historic character. g. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Context: The area required for evaluating a resource's context is dependent on the type and location of the resource. A house located in the middle of a residential block could be evaluated in the Packet Pg. 139 Attachment12.4: Staff Report (2530 : 1306 West Mountain Avenue Landmark Designation) - 3 - context of the buildings on both sides of the block, while a house located on a corner may require a different contextual area…. Packet Pg. 140 Attachment12.4: Staff Report (2530 : 1306 West Mountain Avenue Landmark Designation) THE ROBERT BAILEY PROPERTY, 1306 WEST MOUNTAIN AVENUE Front (South) and Side (West) Elevations, July 2014 Side (East) and Rear (North) Elevations, July 2014 ATTACHMENT 5 Packet Pg. 141 Attachment12.5: Photos (2530 : 1306 West Mountain Avenue Landmark Designation) Rear (North) Elevation, July 2014 Garages facing North, July 2014 Packet Pg. 142 Attachment12.5: Photos (2530 : 1306 West Mountain Avenue Landmark Designation) North and East Elevations, One-car Garage built 1942, July 2014 South and West Elevations, Two-car Garage built 1968, July 2014 Packet Pg. 143 Attachment12.5: Photos (2530 : 1306 West Mountain Avenue Landmark Designation) ATTACHMENT 6 Packet Pg. 144 Attachment12.6: LPC Resolution #6, 2014 (2530 : 1306 West Mountain Avenue Landmark Designation) Packet Pg. 145 Attachment12.6: LPC Resolution #6, 2014 (2530 : 1306 West Mountain Avenue Landmark Designation) - 1 - ORDINANCE NO. 168, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE WILLIAM AND VIOLET JACKSON/ROBERT BAILEY PROPERTY, 1306 WEST MOUNTAIN AVENUE, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by Resolution dated September 10, 2014, the Landmark Preservation Commission (the “Commission”) has determined that the William and Violet Jackson/Robert Bailey Property located at 1306 West Mountain Avenue in Fort Collins as more specifically described below (the “Property”) is eligible for Landmark designation for its high degree of exterior integrity, and for its significance to Fort Collins under Landmark Standard C, Design/Construction, for its distinctive Craftsman architecture; and WHEREAS, the Commission has further determined that the Property meets the criteria of a landmark as set forth in City Code Section 14-5 and is eligible for designation as a landmark, and has recommended to the City Council that the Property be designated by the City Council as a landmark; and WHEREAS, the owners of the Property have consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are incorporated herein by the City Council as findings of fact. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Lot 2, Block 2 of Swett’s Addition, City of Fort Collins County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with Chapter 14 of the City Code. Packet Pg. 146 - 2 - Section 3. That the criteria in City Code Section 14-48 will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article III. Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 2014, and to be presented for final passage on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 147 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Mike Beckstead, Chief Financial Officer SUBJECT Resolution 2014-103 Extending by One Year the Work-Completion Deadline Established in Resolution 2014- 005 Regarding Cooperation and a Partnership with Larimer County on the Use of Tax Increment Financing. EXECUTIVE SUMMARY The purpose of this item is to extend City staff’s work-completion deadline in Resolution 2014-005 from December 15, 2014, to December 15, 2015. Resolution 2013-045 was originally adopted by City Council on May 7, 2013. Section 4 of that Resolution directs staff to work with Larimer County and other northern Colorado municipalities and affected property tax levying entities to develop an appropriate fiscal impact analysis model for evaluating financial impacts associated with the formation of tax increment financing districts and the use of tax increment financing. Resolution 2014-005 extended the work-completion deadline set in Resolution 2013-045 from December 15, 2013, to December 15, 2014. A team made up of representatives from various municipalities and tax levying entities within the County has developed a Purpose & Goals document, issued an RFP and selected EPS as the consultant to assist the team in developing a “fiscal impact analysis model”. The current timeline anticipates completion summer/fall of 2015. As such, an extension to December 15, 2015 is requested for the work-completion deadline established in Resolution 2014-005. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION During discussions between the City and Larimer County regarding the redevelopment of the Foothills Mall, it became clear the two parties were not aligned concerning the fiscal impacts a project like the Mall would have on the County. While the City had properly followed all requirements of analysis, notification and discussions with the County, the County believed the Mall and other tax increment financing (TIF) projects redirects County revenue to support these projects to the detriment of the County and other tax levying entities that rely on property tax as their primary source of funding. In light of the significant residential portion of the Foothills Mall redevelopment project- the project is zoned for 800 rental residential units and the current redevelopment plans call for 446 units to be built - Section 2 & 3 of Resolution 2014-005 specifies approximately $2.5M of funding be directed towards the County to offset cost of service impacts. Half from a 50% sharing of residential property tax increment and a remittance of $60k per year from personal property tax increment associated with the Foothills Mall redevelopment project. Section 4 directed the City Manager to: Packet Pg. 148 Agenda Item 13 Item # 13 Page 2 “work cooperatively with the County and, to the extent practicable, with other municipalities and affected property tax levying entities in the County, to develop an appropriate fiscal impact analysis model for evaluating financial impacts associated with the formation of tax increment financing districts, the redevelopment of lands within the city, and the annexation of property into the city, including but not limited to the analysis of cost of service and revenue implications for both the City and the County, and for other affected taxing entities.” Section 5 directs that upon completion of the modeling and updated fiscal impact analysis, the City Manager will conduct an updated review of the financial arrangement and will propose for Council consideration such additional financial support to Larimer County, if any, as he determines to be appropriate. Regional Urban Renewal TIF Study Project: After several discussions between the City and County, it was decided the County would be best to lead the effort. The project was labeled “Regional Urban Renewal TIF Study” and interest in support of the projects was requested from each community and tax levying entity within the County. The full team is comprised of a representative of each entity below:  Larimer County  Fort Collins  Loveland  Berthoud  Estes Park  Johnstown  Timnath  Wellington  Windsor  Foothills Gateway  Poudre River Public Library District  Health District of Northern Larimer County  Thompson School District  Northern Colorado Water Conservancy District Other priorities, including the flood in September 2013, delayed the launch of the project. The first team meeting was held in February 2014 and the team continues to meet on a monthly basis. A Purpose and Goals Statement was developed by the team and each member reviewed the goals with their governing body (Attachment 1 - Regional Urban Renewal TIF Study). Based on the purpose and goals statement, the team developed an RFP to solicit support from an independent consultant to develop a fiscal impact model. The RFP was issued early September, proposals were received October 8, interviews occurred October 15 and a decision was made to select Economic & Planning Systems, Inc. (EPS) to support the project. A Technical Team comprised of financial representatives from Larimer County, Fort Collins, Loveland, the Library and Gateway has been identified as a small team that will work directly with EPS to ensure the scope of the model includes the right data, variables and assumptions to provide accurate fiscal impact results. EPS and the Technical team will do the detailed technical work in developing a model that will then be reviewed by the broader team referenced above. It is anticipated the model development and review will occur from December 2014 to June 2015 - reference the Progress of the Work section within Attachment 1. FINANCIAL / ECONOMIC IMPACTS The City’s share of the total $108K cost of EPS is $30k. Funding for this expenditure came from unspent “Operational Contingency” budget within the City Manager’s Office. Packet Pg. 149 Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Regional Urban Renewal TIF Study (PDF) 2. Resolution 2014-005 (PDF) Packet Pg. 150 ATTACHMENT 1 Packet Pg. 151 Attachment13.1: Regional Urban Renewal TIF Study (2577 : Extension of County Partnership and TIF) Packet Pg. 152 Attachment13.1: Regional Urban Renewal TIF Study (2577 : Extension of County Partnership and TIF) ATTACHMENT 2 Packet Pg. 153 Attachment13.2: Resolution 2014-005 (2577 : Extension of County Partnership and TIF) Packet Pg. 154 Attachment13.2: Resolution 2014-005 (2577 : Extension of County Partnership and TIF) Packet Pg. 155 Attachment13.2: Resolution 2014-005 (2577 : Extension of County Partnership and TIF) - 1 - RESOLUTION 2014-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING BY ONE YEAR THE WORK-COMPLETION DEADLINE ESTABLISHED IN RESOLUTION 2014-005 REGARDING COOPERATION AND A PARTNERSHIP WITH LARIMER COUNTY ON THE USE OF TAX INCREMENT FINANCING WHEREAS, on January 14, 2014, the City Council adopted Resolution 2014-005 authorizing the City Manager to carry out certain actions generally related to working with the Fort Collins Urban Renewal Authority, Larimer County (the County”), and other taxing entities in Larimer County to develop an appropriate fiscal impact analysis model for evaluating financial impacts associated with the formation of tax increment financing districts, the redevelopment of lands, and annexation of properties, including costs of service and revenue implications; and WHEREAS, Resolution 2014-005 authorizes the City Manager to enter into agreements on the City’s behalf in support of the development of this fiscal impact model, with the work on this project to be initiated no later than May 1, 2014, and completed no later than December 15, 2014; and WHEREAS, since the adoption of Resolution 2014-005, City and County staff have had several discussions out of which it was decided that the County would lead the effort to be named the “Regional Urban Renewal TIF Study” (the “TIF Study”) involving a team of representatives not just from the City, but also from other municipalities, school districts and other taxing districts within Larimer County; and WHEREAS, this team of representatives has been holding monthly meetings since February 2014 and has developed a purpose and goals document, issued a request for proposals and selected a consultant to assist the team in developing a fiscal impact analysis model; and WHEREAS, additional time is needed to accomplish the purposes and goals so established for the TIF Study; and WHEREAS, City staff is therefore requesting the City Council to amend Resolution 2014-005 to extend the work-completion deadline from December 15, 2014, to December 15, 2015; and WHEREAS, the City Council finds that so extending for one year the work-completion deadline in Resolution 2014-005 is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That subparagraph (a) of Section 4 of Resolution 2014-005 is hereby amended to read in full as follows: Packet Pg. 156 - 2 - (a) The City Manager is authorized to prepare such agreements as may be necessary to retain the services of a mutually acceptable outside expert to develop the described model for evaluating fiscal impacts, which may include sharing of costs for the work. It is the Council’s intent that work on this project will be undertaken no later than May 1, 2014, and will be completed no later than December 15, 2015. Section 2. That except as amended in this Resolution, all other provisions in Resolution 2014-005 are hereby reaffirmed and shall remain in full force and effect. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of November, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 157 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Dan Weinheimer, Policy & Project Manager SUBJECT Resolution 2014-104 Adopting the 2015 Legislative Policy Agenda. EXECUTIVE SUMMARY The purpose of this item is to adopt the City Council's 2015 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions on legislation pending at the state and federal levels and as a general reference for state legislators and congressional delegation. This year, the Legislative Policy Agenda scope is expanded to allow consideration of county, state and federal regulatory matters by the LRC. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Legislative Policy Agenda includes policies on issues that affect the quality of life and governance of our community. It is used as a guide by Council and staff to determine positions on pending legislation, and as a general reference for citizens, community organizations, state legislators and congressional delegation. The 2015 Agenda was developed with input from City staff and reviewed by the Legislative Review Committee. Fort Collins' Legislative Policy Agenda includes 2015 priorities - issues that are of immediate concern to the City Council and items that are expected come before the 2015 General Assembly session. The Legislative Policy Agenda also attempts to capture positions on wide-ranging issues that may impact City operations and community quality of life. These positions reflect a great deal of historical community input, discussion by City Council's Legislative Review Committee (LRC), the expertise of staff, and statewide policy discussions. FINANCIAL / ECONOMIC IMPACTS The Legislative Policy Agenda contains a number of policies that speak to economic impacts. The Finance section (page 15) contains several statements that address the need to protect the City’s revenue base. It also calls for support for legislation “that promotes sustainable economic development.” Other policies that support sound fiscal practices are imbedded throughout the document. ENVIRONMENTAL IMPACTS Several sections of the Legislative Policy Agenda directly address environmental impacts and support for legislation that will help the City forward its environmental goals. These include statements under the headings of Air Quality (page 17), Climate and Environmental Protection (page 18), Natural Areas and Open Lands (page 19), Oil and Gas (page 19), Recycling and Solid Waste (page 20), Energy (page 21), Water Supply and Quality (page 22), and Urban Agriculture (page 29). Packet Pg. 158 Agenda Item 14 Item # 14 Page 2 BOARD / COMMISSION RECOMMENDATION Staff has shared the draft Legislative Policy Agenda with the Chair and Vice-chair of each City board or commission, seeking input and comment. PUBLIC OUTREACH No public outreach was conducted on this document. ATTACHMENTS 1. 2015 Legislative Policy Agenda redline version (PDF) Packet Pg. 159 1 LEGISLATIVE POLICY AGENDA 2014 2015 Adopted November 1918, 20134 ATTACHMENT 1 Packet Pg. 160 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 2 TABLE OF CONTENTS TOPIC PAGE INTRODUCTION 4 ALIGNMENT 4 FORT COLLINS LEGISLATIVE REVIEW COMMITTEE 5 LEGISLATIVE REVIEW PROCESS 5 2014 2015 LEGISLATIVE PRIORITIES 6 LEGISLATIVE POLICY STATEMENTS 131 CULTURE, PARKS AND RECREATION CULTURAL SERVICES 1113 PARKS AND RECREATION 131 ECONOMIC HEALTH FINANCE 1215 INVESTMENTS 153 PRIVATIZATION 163 ECONOMIC DEVELOPMENT 164 ENVIRONMENTAL HEALTH AIR QUALITY 175 CLIMATE AND ENVIRONMENTAL PROTECTION 1618 NATURAL AREAS AND OPEN LANDS 196 OIL AND GAS 197 RECYCLING AND SOLID WASTE 2018 UTILITY SERVICES 21 ENERGY 21 WATER SUPPLY AND QUALITY 22 HIGH PERFORMING GOVERNMENT HOME RULE 2319 HUMAN RESOURCES 2024 RISK MANAGEMENT 2024 SOVEREIGN AND GOVERNMENTAL IMMUNITY 2125 TELECOMMUNICATIONS 2125 UTILITY SERVICES 22 ENERGY 22 WATER SUPPLY AND QUALITY 23 COMMUNITY AND NEIGHBORHOOD LIVABILITY AFFORDABLE HOUSING 274 Packet Pg. 161 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 3 DEVELOPMENT REVIEW AND INSPECTION 274 PLANNING AND LAND USE 285 SOCIAL SUSTAINABILITY 295 URBAN AGRICULTURE 29 SAFE COMMUNITY FIRE PROTECTION 2630 HAZARDOUS MATERIALS MANAGEMENT 3127 MARIJUANA 2832 PUBLIC SAFETY 3228 TRANSPORTATION TRANSPORTATION 340 CITY LEGISLATIVE STAFF 326 Formatted: Indent: Left: 0.5" Packet Pg. 162 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 4 INTRODUCTION Fort Collins is a community of 151155,000 residents located at the foot of the Rocky Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The Fort Collins City Council annually adopts a broad set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. The 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and to also reflect the strategic planning that guides resource allocation and other decision making within the City organization. Fort CollinsThe City is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The 2015 City of Fort Collins Legislative Policy Agenda identifies a broad range of important issues for the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. The City’s Legislative Priorities are issues Fort Collins is focused on in the 2015 Colorado General Assembly and United States Congress. These priority topics, similar to the City’s overall policies, are reviewed and updated annually. Revisions to the policy agenda and priorities are adopted in November ahead of the Colorado General Assembly session. Partnership and interagency collaboration are important methods for achieving optimal legislative outcomes. On many federal and state issues, Fort Collins shares the concerns of others within the community, within the region and other communities statewide. In these cases, Fort Collins will seek opportunities to leverage additional resources and participate in regional dialogue to achieve shared outcomes. The City identified seven outcome areas to ensure appropriate and effective resource allocation supporting the community’s priorities. Fort Collins’ outcome areas include Culture and Recreation; Economic Health; Environmental Health; High Performing Packet Pg. 163 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 5 Government; Neighborhood Livability; Safe Community; and Transportation. The Policy Agenda identifies specific City Council-adopted goals associated with the policy statements. This alignment is important for City staff to ensure that advocacy supports specific desired outcomes. We offer this Agenda to residents, the business community and our Legislators as a guide when considering legislation that impacts Fort Collins. We encourage Legislators to contact Fort Collins City Council Members and our Legislative Policy Manager should they have specific questions regarding our policy positions when considering specific legislation. Alignment The 2014 City of Fort Collins Legislative Policy Agenda identifies issues of importance to the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Seven outcome areas have been identified by the City to ensure appropriate and effective resource allocation to support the community’s priorities. Fort Collins’ outcome areas include High Performing Government, Transportation, Culture, Parks and Recreation, Economic Health, Neighborhood Livability, Environmental Health, and Safe Community. The Policy Agenda identifies specific City Council-adopted goals associated with the policy statements. This alignment is important for City staff to ensure that advocacy supports specific desired outcomes. CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on particular bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. The policies are written in terms of supporting or opposing particular kinds of legislation; however, the policies are intended to guide positions of either support or opposition, depending upon how a bill is written and whether the LRC believes that, if approved, the bill would advance or impede the City’s interests. If a bill is governed by two or more competing policies, then the LRC may decide how to balance those policies in taking a position. If a bill falls outside of the Legislative Policy Agenda, the LRC refers the bill to the full Council for consideration before a position is taken on behalf of the City. Council Members presently serving on the Legislative Review Committee are: Packet Pg. 164 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 6  Councilmember Wade Troxell, Chair  Councilmember Lisa Poppaw  Councilmember Ross Cunniff LEGISLATIVE REVIEW PROCESS This document may be used as a guide to assess City positions onB bills offered duringintroduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by the Legislative Policy Manager. Bills, regulation and rules addressing session and in the United States Congressa stated legislative priority, or adopted policy position, may be brought to the LRC for discussion of an official City position. Positions are adopted that reflect the community and approved by City Council prior to the start of the General Assembly session. Bills introduced in the Colorado General Assembly are reviewed by the Legislative Policy Manager and brought to the Legislative Review Committee (LRC) for discussion of an official City position. Once a position is adopted on a bill, the Legislative Policy Manager will conveys that information to the appropriate state or federal representative and will also advocates for the City’s adopted position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The input offered by staff experts is invaluable in analyzing impacts of legislative, regulatory and rulemaking proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins works with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues. Fort Collins actively participates in the Colorado Water Congress State Affairs Committee to address water-related issues. Packet Pg. 165 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 7 LEGISLATIVE PRIORITIES Objective: Cooperate with stakeholders on refinement of Urban Renewal Authority laws Support retention of Urban Renewal Authority Issue: An Urban Renewal Authority (URA) is a statewide tool in place to identify and revitalize areas of the city deemed blighted and provide a funding mechanism to encourage redevelopment. The main funding tool for URA is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal restores economic vitality and improves the safety of a designated area. Redeveloping urban areas is much harder and more expensive than new development in “greenfield sites”, thus responds to larger, more costly infrastructure needs. The state of Colorado has empowered local authorities to use Urban Renewal Authorities to encourage revitalization and the elimination of blight in these areas. URA law has been frequently modified by the General Assembly, including many changes supported by the City. This year it is anticipated that several bills could be introduced to further modify the use of URA and TIF.Fort Collins supports dialogue on URA refinement but does not support bills that would eliminate the use of URA or TIF. Fort Collins attempts to use URA and TIF judiciously but also recognizes the concerns raised by counties, special districts and school districts about the use of TIF. URA is an important and useful tool for Fort Collins in addressing community blight and encouraging redevelopment rather than sprawl. Fort Collins supports dialogue on URA enhancements but does not support bills that would eliminate the use of URA or TIF. Objective: Support increasing local control of oil and gas operations Issue: Fort Collins, like many other Colorado communities, has taken steps to address oil and gas extraction. Those efforts have been limited by the Colorado Oil and Gas Conservation Commission (COGCC) rules. Fort Collins supports studying and better understanding the health and community impacts of oil and gas extraction. that limit restrictions communities can impose and the information available to residents about potentially harmful practices. Fort Collins seeks the following:  Increased local flexibility to regulate oil and gas activity within its incorporated borders  Additional information about the chemicals being injected into the ground, especially during hydraulic fracturing  Greater knowledge and control of air emissions from extraction processes and production equipment Packet Pg. 166 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 8  Enhanced right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators  Better balance between surface land ownership and mineral right ownership Fort Collins intends to use existing programs like the Local Government Designee (LGD) to their fullest potential but will also seek legislative remedies to areas of greatest concern. Fort Collins will also work with other interested communities to address oil and gas operation concerns. The City is monitoring the work of the Governor’s appointed Oil and Gas Task Force and will provide comments as permitted. Objective: Advocate solutions to nuisance and safety issues related to railroad proximity Implement solutions for railroad horn noise Issue: Communities throughout the United States are wrestling with issues related to railroad proximity – these include the transport of hazardous materials, rail car safety, train horn noise, transparency related to rail cargo and train switching. These issues affect quality of life for residents and business owners and can result in catastrophic disasters in cases of derailment. Fort Collins has two active railroad corridors and is working regionally, through the Colorado Municipal League (CML) and National League of Cities (NLC), to raise the profile of rail proximity issues. In addressing rail safety and rail proximity issues, the City has active relationships with Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroad companies and has cultivated a relationship with the federal regulatory body – the Federal Railroad Administration (FRA). In June 2005 the Federal Railroad Administration (FRA) implemented a new federal Train Horn Rule that significantly increased the duration, frequency and volume level of train horns at all public grade crossings. Fort Collins is one of many communities across Colorado and the United States that was built along rail lines. The increased noise from the horns has resulted in mounting citizens’ complaints and threatens the economic viability of our community. “Quiet Zones” are offered as a way to mitigate the loud horn noise however studies and mitigation actions are costing many hundreds of thousands of dollars. In order to clean our air, reduce auto congestion and improve quality of life, several federal agencies including the EPA, HUD and the Federal Transit Administration are encouraging Transit Oriented Development. The Mason Corridor Bus Rapid Transit, which will begin operation in 2014, is one example and we very much appreciate federal support of this project. The idea behind Transit Oriented Development is to bring residents closer to mass transit lines so that they can use mass transportation, and so that downtown revitalization can occur. The Mason Corridor Bus Rapid Transit, which began operation in 2014, is one example. At the same time, the FRA train horn rule in effect is discouraging the development community and residents from locating around transit. Reform is needed. Packet Pg. 167 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 9 Trains have regained preference for transporting goods and materials. The increased use of rail has added pressure to the system and identified several safety concerns – track maintenance, tanker car safety, and notification of hazardous materials to public safety leaders. Fort Collins will work to the following goals at a state and national level:  Engagement with railroad companies  Development of a “proximity issues” dialogue between railroad and local governments on a broad suite of topics  Notification about hazardous material shipments passing through communities  Ensuring track maintenance and train car safety  Collaborate with railroads to train local emergency personnel FRA has discussed the rule in terms of ensuring automobile safety – that blasting a horn as the train nears an intersection will prevent accidents. The alternative is expensive quiet zones or approved countermeasures. Fort Collins accident data along Mason Street in Downtown demonstrates that accidents are rare and typically involve risk-taking behavior. Objective: Support allowing local governments to provide broadband and enhanced communication services Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and Entertainment Services.” The legislature’s stated intent behind the act was predictability, uniformity, and fairness in the cable television, telecommunications, and high-speed Internet access industries, especially where affected by municipal actions. SB 152 prohibits local governments from directly or indirectly providing cable television service, telecommunications service, or advanced service. “Advanced service” is defined as “high-speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream.” Wired and wireless broadband services are included in this category. Fort Collins Information Technology Department can provide wired and wireless broadband services to City offices and City-owned facilities but is precluded from doing so. The City supports modifying or repealing the provisions of SB05-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Objective: Support marijuana law clarifications and alignment with Colorado Constitution Support clarity and consistency between state and federal marijuana laws Issue: The passage and implementation of Amendment 64 legalized adult use marijuana in Colorado. Fort Collins City Council approved limited adult use marijuana businesses and sales in addition to existing medical marijuana businesses. Fort Collins seeks clarification on the following items: Packet Pg. 168 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 10  Conflicts exist between state and federal laws regarding marijuana possession  The extent communities can regulate and tax marijuana  Enforcement of the new law and its impacts on local staff and public safety resources  Rules pertaining to packaging and labeling marijuana and products containing marijuana  The amount and portion shared locally of sales and excise taxes  Hours and standards for operation for marijuana businesses  Effectively funding prevention of under-21 possession and use  Community public safety  Limiting THC content per serving size and restrict packaging to a single serving In addition to adult use marijuana, communities across the United States that have authorized medical marijuana are struggling with implementation and the need for a single, viable distribution system. At the core of the issues with both medical and adult use marijuana is the classification of the drug. Because mMarijuana is currently classified as a Schedule 1 drug, , this designation means it cannot be researched, prescribedbe prescribed by a doctor or handled through the same distribution channels as other prescribed drugs. As a result, different states have adopted different approaches and experiencein conflicts with federal laws. In Colorado, medical marijuana is may be recommended by a doctor but not prescribed. Work is needed at the federal level to clarify this issue. The federal classification should be re-evaluated to and possibly changed in order toconsider allowing more medical research. If it is determined that marijuana fits one of the other classifications and does have medical benefits, it could be included in the existing drug delivery system. Objective: Participate in federal, state and regional efforts to foster resilient communities Support necessary resources to aid Northern Colorado recovery from 2013 flooding Issue: Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Resilience has become a term used to describe hardening vulnerable community infrastructure and preparing for predictable hazards in order to soften the blow on citizens and infrastructure. Making Fort Collins and Northern Colorado more resilient involves providing decision- makers hazard mitigation analysis and scientific data, then using that information to invest in complementary systems. Northern Colorado’s experience is that resilience must be a regional effort that pays off through coordinated advanced planning and investment. Resiliency efforts are important because they impact a broad set of critical services including:  Land use Formatted: Indent: Left: 0" Packet Pg. 169 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 11  Utility operations  Transportation infrastructure  Sustainability services  Health  Safety  Emergency Response Disaster recoveryNorthern Colorado sustained significant flooding that left many people dead, thousands displaced, and infrastructure severely compromised. Fort Collins and its regional partners will seek funding to rebuild infrastructure. Roads, bridges, stormwater and wastewater systems were damaged in many communities throughout Northern Colorado. Residents need to have transportation, sanitary systems and safe housing. Rebuilding the roads and bridges is also critical to restoring tourism and access to the environmental assets of the region. Fort Collins stands alongside its neighbors in supporting funding needed to replace or repair needed systems. Objective: Support funding for transportation infrastructure connectivity with an emphasis on buildfunding an integrated, multi-modal system Issue: Funding for vital transportation infrastructure will continue to be a high priority for the City of Fort Collins. Transportation infrastructure is a critical element to supporting community and regional economic health, safety and quality of life. We strongly support preservation of federal levels of funding and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended purposes. In addition, we urge development of a new, more stable, long range transportation funding mechanism that doesn’t rely upon fuel tax revenues. Fuel tax is no longer a sustainable method of funding the nation’s transportation infrastructure needs.This is no longer a sustainable method of funding the nation’s transportation infrastructure needs. Fort Collins seeks a solution to secure critical funding of the nation’s highway and bridge projects. Allowing the Highway Trust Fund to become insolvent would be devastating to the City’s transportation infrastructure and have impacts throughout the Northern Colorado economy. The City supports a long-term reauthorization of the nation’s surface transportation law with a focus on transit, livable community planning, comprehensive regional investments, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and approaches that decrease petroleum consumption and reduce carbon pollution. The City applauds the reauthorization of the nation’s surface transportation law with a focus on transit, livable communities, comprehensive regional planning, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and other approaches that decrease petroleum consumption and reduce carbon pollution. S.1813 – Moving Ahead for Progress in the 21st Century (MAP 21) – has many positive attributes however more Packet Pg. 170 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 12 work is needed to ensure that funding for transit, bicycling, and walking is protected and enhanced, especially at the local level. While MAP-21 provides funding for many Federal and State programs and needs, it appears to further localize the cost of many multi-modal projects and programs. Objective: Pursue federal policies and resources needed to attain City-adopted climate action goals Emphasize federal policies and resources needed to sustain local cleaner energy progress Issue: Fort Collins has adopted aggressive climate action and greenhouse gas reduction goals. The City supports policies and legislation helping communities to achieve specific greenhouse gas reductions, gather scientific data supporting climate actions and to invest in needed infrastructure to limit or reduce greenhouse gas emissions. The "Empowering Local Clean Energy Action" federal policy agenda identifies key policies and resources needed for local governments to sustain cleaner energy progress. These include investments in federal programs such as the Department of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase Communities, HUD's Sustainable Communities, and other programs that provide direct support for local sustainability initiatives. Fort Collins supports clarification at the federal and state levels of Property Assessed Clean Energy (PACE) programs. PACE financing, an alternative to a loan, is designed to encourage the installation of renewable-energy systems and improve energy efficiency by helping property owners overcome the barrier of high up-front energy equipment and installation costs. Home energy efficiency can be a significant contributor to community energy efficiency and GHG-reduction goals. Objective: Support comprehensive water resource management Issue: Water resources from the Mountain West to California are stressed by many factors – environmental, population growth and aging infrastructure. Local water resource planning efforts ensure adequate supply to residents through managing the City’s water rights portfolio, encouraging increased efficiency and expanding storage. Fort Collins will support efforts to address water needs, preserve its water rights portfolio, and to encourage conservation of water resources. The conservation of water resources extends to support for Cache la Poudre River restoration projects. Fort Collins will participate in the development of the Colorado Water Plan and the development of the federal Environmental Protection Agency’s (EPA) Waters of the United States rulemaking. Support integrated waste management planning, including the potential for waste- to-energy benefits Packet Pg. 171 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 13 Objective: Support waste stream management, reduction and resource strategies Issue: The Fort Collins community is just one member of a regional “waste shed” in Northern Colorado. The City acknowledges this interdependence, and the role that state legislation can, and should, play in applying broad measures such as setting a state waste diversion goal and helping to support related strategies, which could also serve to reduce carbon emissions and create opportunities for waste-to-energy applications when ultra-low pollution conversion technology is used. The City relies on regional and state-wide infrastructure and systems for conventional landfill disposal alternatives such as commercial-scale composting, bio-digesters, recycled-content manufacturers, and specialty landfills. We can only be effective at meeting the community’s waste reduction goals if facility managers have confidence to develop and expand in Colorado, guided by new legislation that drives waste diversion. HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017. The City supports extending the provisions of this bill, which established a grant fund for recycling projects using revenue from a seven-cents/ton surcharge on trash placed in Colorado landfills. The City supports the grant program and further seeks steps to increase funding for this high-performing recycling program. Objective: Support a comprehensive approach to reduce the impacts of poverty, housing affordability and homelessness Issue: Poverty and homelessness are persistent issues in Fort Collins and across Colorado. Fort Collins is committed to making homelessness rare, short-lived and non- recurring. The City is interested in developing local solutions to these persistent problems through collaboration and innovation. The City plays both a convening and leadership role among the many community service providers – seeking to foster sustainable solutions to complex social issues through a combination of City involvement and leadership. Fort Collins supports solutions to address poverty within the community such as:  Create an affordable housing fund  Implement the Earned Income Tax Credit  Fix the Child Care Tax Credit  Develop or expand programs that ensure a smooth transition from foster care to independence  Increase funding for mental health care/programs  Increase development of condominiums by addressing construction defect law Objective: Support the innovation economy Packet Pg. 172 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 14 Issue: Innovation is a key attribute of the City organization and is also important to the community. Fort Collins has numerous drivers of innovation, intellectual property and inventions with an educated resident base, Colorado State University, federal research labs, and a long list of innovative companies. As a result, Fort Collins has a culture and support system that nurtures an innovation economy with the City often serving as a living laboratory for ideas and new technologies. The City will maintain and enhance its innovation economy through:  Supporting efforts to simplify the commercialization of intellectual property  Efforts to increase the available capital to support innovation and new business formation  Efforts that support the spin-off and development of intellectual property from research institutes, private business, and higher education  Efforts to encourage the retention of new and innovative businesses in the community  Supporting business incubation, primarily through the commercialization of intellectual property, with strong partnerships  Application of innovative technologies and approaches to improve city programs and services Packet Pg. 173 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 15 LEGISLATIVE POLICY STATEMENTS Cultural, Parks and Recreation Strategic Outcome Fort Collins provides diverse cultural and recreational amenities Strategic Objectives 1. Improve low and moderate income citizen access to, and participation in, City programs and facilities 2. Develop effective marketing strategies that drive optimal attendance and revenue 3. Develop effective Operation and Maintenance (O&M) funding alternatives for City subsidized facilities and programs 4. Maintain and enhance the current culture, recreation and parks systems 5. Plan, design and implement citywide park, recreation and trail improvements 6. Develop a clear strategic definition and description of the City’s role in the culture and arts while leveraging partnerships with other community organizations 7. Promote a healthy community and responsible access to nature 1. Provide exceptional programs and facilities that contribute to the health and cultural vibrancy of the community 2. Provide outstanding customer service and operational excellence 3. Provide programs that are diverse, innovative and tailored to our unique community 4. Maintain and enhance a world class regional interconnected system of parks, trails and open lands 5. Promote the arts and make Fort Collins the cultural destination in northern Colorado CULTURAL SERVICES The City recognizes that art and culture are vitally important to the quality of life in our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the City supports the following policy statements: 1. Support fFunding for cultural services activities promotingfor the education, entertainment and enrichment of the community. 2. Support legislation thatF facilitates the creation, performance and presentation of the arts. Packet Pg. 174 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 16 3. Support legislation that Pprotects and preserves our cultural heritage. 4. Expand access and inclusion for all citizens to cultural events. 3. PARKS AND RECREATION The City is committed to providing the community with excellent parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality parks and recreation programs. Therefore, the City supports the following policy statements: 1. Support legislation that mMaintains or enhances funding for parks, trails, forestry, horticulture and recreation services and facilities. 2. Provide maximum local discretion to Support use of Great Outdoors Colorado and other sources for full funding of municipal government projects, with maximum local discretion regarding addressing local needs and priorities. 3. Support Sustain continued availability of Great Outdoors Colorado grants to municipalities in equal or greater funding levels. 4. Support legislation that eEnhances the City’s ability to provide quality parks and recreation services and facilities for its citizens. 5. Support measures that offer enhancedEnhance the protection forof community trees and natural assets against invasive species, pests and other threats. 5.6.Expand access and inclusion for all citizens to community recreational opportunities. ECONOMIC HEALTH Strategic Outcome Promote a healthy, sustainable economy reflecting community values Strategic Objectives 1. Align economic health goals and strategy across all levels of the organization and refine and agree upon the economic tools the City uses 2. Improve policies and programs to retain, expand, incubate and attract primary employers where consistent with City goals Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: List Paragraph, No bullets or numbering Packet Pg. 175 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 17 3. Support workforce development and community amenities initiatives that meet the needs of employers within the City 4. Improve effectiveness through collaboration with economic-health oriented regional partners 5. Sustain high water quality to support the community and water-dependent businesses 6. Maintain utility systems and services; infrastructure integrity; and stable, competitive rates 7. Support sustainable infill and redevelopment to meet climate action strategies 8. Preserve the City’s sense of place 9. Provide transparent, predictable and efficient processes for citizens and businesses interacting with the City 10. Address Downtown parking issues identified in the adopted Parking Plan, including funding, convenient access, and integrated transit and alternative mode solutions 11. Encourage the development of reliable, ultra-high speed internet services throughout the community 1. Enhance opportunities for both businesses and the local workforce 2. Foster a diverse mix of employment and retail opportunities 3. Focus and invest in the downtown area, river district, Lincoln triangle and midtown corridor 4. Ensure adequate staff to provide timely review and critique of development opportunities 5. Revitalize and strengthen business centers FINANCE As a municipality, the City of Fort Collins faces many complex financial issues. Strong fiscal planning, prudent debt management and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City supports the following policy statements: 1. Support legislation that maintainMaintains or expands municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). Packet Pg. 176 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 18 2. Support iIncreased funding and budgetary autonomy for higher education, specifically Colorado State University and Front Range Community College. 3. Support legislation pPromotinge the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions. The City strongly recommends that taxes be as broad-based as possible and that exemptions be limited. 4. Support federal legislation that rRecognizes the importance of sales and use tax to local, self-collecting municipalities and equitably distributes sales tax collections on e-commerce transactions. 5. Support legislation that would maMaintain or increase the City’s revenue base (sales, use and property tax). INVESTMENTS The Fort Collins City Council has adopted investment polices to be used by the City. The policies are reviewed and update periodically to ensure the safety and quality of the portfolio to maintain liquidity and to maximize portfolio earnings. Therefore, the City supports the following policy statements: 1. PSupport legislation designed to protect, without unnecessarily restricting, the investments of government entities. 2. Support legislation that pProvides for adequate transparency of the City’s investment activity. 3. Support legislation that would pProvide municipalities freedom to participate in investments that meet their strategic objectives. 4. Oppose reDo not restrictions on the City’scities’ ability to adopt itstheir own investment policies. PRIVATIZATION The City of Fort Collins utilizes outside contracts for procurement of many goods and services. This practice of privatization provides citizens with a balance of quality and cost efficiency. Therefore, the City supports the following policy statements: 1. Support legislation eEnableing cities to choose the provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. Packet Pg. 177 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 19 2. MaintainSupport local control of the awarding of contracts and the accountability of local officials for those actions. 3. RejectOppose mandates that increase the complexity and cost of services without improving those services. ECONOMIC DEVELOPMENT Fort Collins seeks to maintain a healthy and resilient economic base of businesses. The City works closely with businesses to retain and invest in alignment with the Council’s Action Plan. A healthy and resilient economy for Fort Collins will include:  Diverse jobs that enable citizens and businesses to thrive.  Reflects the values of our unique community in a changing world.  An innovative, creative, and entrepreneurial atmosphere.  Strong partnerships and collaboration with the private sector, educational institutions, and other organizations. Therefore, the City supports the following policy statements: 1. Support legislation thatP promotes sustainable economic development. 2. Support rRetaining local governments’ use of tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities, taking into consideration the land use impacts of such legislation (e.g., sprawl) and the compelling interests and concerns of other taxing entities. 3. Encourage Support adopting innovative solutions to programs and policies that apply innovative solutions to governmental and community problems. ENVIRONMENTAL HEALTH Strategic Outcome Promote, protect and enhance a healthy and sustainable environment Strategic Objectives 1. Improve and protect wildlife habitat and the ecosystems of the Poudre River and other urban streams 2. Achieve environmental goals using the Sustainability Assessment framework 3. Implement indoor and outdoor air quality improvement initiatives 4. Reduce greenhouse gas (GHG) emissions by creating a built environment focused on green building and mobile emission reductions Packet Pg. 178 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 20 5. Demonstrate progress toward achieving net zero energy within the community and the City organization using a systems approach 6. Engage citizens in a way to educate and change behavior toward more sustainable living practices 7. Increase the community’s resiliency and preparedness for changes in climate, weather and resource availability 8. Protect and monitor water quality, and implement appropriate conservation efforts and long-term water storage capability 9. Meet or exceed all environmental regulations 10. Conserve and restore biodiversity and habitat 11. Demonstrate progress toward achieving zero waste within the community and the City organization 1. Maintain and improve air and water quality 2. Reduce greenhouse gas emissions to 20% below 2005 levels by 2020 and 80% below 2005 levels by 2050 3. Conserve and restore natural habitat and promote biological health and diversity 4. Reduce waste and resource consumption 5. Increase energy conservation, efficiency and renewable energy 6. Align water quantity with storage and conservation policies AIR QUALITY The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City supports the following policy statements: 1. Support legislation and regulations aAdopting programs and policies that improve public health and air quality. 2. Support legislation that maintains or increases the stringency of airEnsure air quality standards are protective of public health and welfare. 3. Support legislation that eEnhances local government authority to improve air quality beyond minimum State or Federal requirements. 4. Support legislation that pPromotes strategies to improve regional improvement of air quality, recognizing that air pollution does not follow jurisdictional boundaries. Packet Pg. 179 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 21 5. Support legislation to Aassure that Federal, State and County agencies have adequate authority and resources (funding and personnel) to enforce air quality regulations. 6. Support legislation that removes barriers and pPromotes voluntary actions to reduce air pollution. 7. Support legislation and regulations that rReduce vehicle emissions by:  Using the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle emissions and vehicle miles of travel, including removing hidden cost subsidies to motor vehicle users  Employing economic incentives and disincentives and other market approaches that support clean air  Encouraging behavior changes, such as limiting unnecessaryreducing idling of vehicles  Implementing State motor vehicle emissions testing programs consistent with City air quality goals 8. Support legislation and regulations that pProvide authority for local governments to implement vehicle emissions reductions programs. 9. Support legislation and regulations that makeStrengthen tailpipe emissions and fuel economy standards more stringent for all vehicles. 10. Promote advanced low emission vehicle technology. 10. Support programs and policies that promote advanced low emission vehicle technology; and encourage or promote alternative fuels such as biodiesel, cellulosic ethanol, hydrogen and compressed natural gas. 11. Encourage or promote lower carbon alternative fuels. 11.12. Support legislation and regulations that rReduce or eliminate residential wood smoke emissions in order to achieve compliance with air quality standards. 12.13. Support legislation that helps to rReduce fossil fuel consumption in the transportation and building sector. CLIMATE AND ENVIRONMENTAL PROTECTION The City of Fort Collins encourages local, state and national efforts to protect and enhance our environment. Additionally, the City has a policy goal to reduce greenhouse gas emissions 20% below 2005 levels by 2020 and 80% below 2005 levels by 2030 and 100% below 2005 levels by 2050. The goals call for Fort Collins to be carbon neutral by 2050. 20% below 2005 levels by 2020 and 80% below 2005 levels by 2050. Packet Pg. 180 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 22 Therefore the City supports the following policy statements: 1. Support legislation and regulation that reduceEnhance Fort Collins’ vulnerabilityresilience to impacts of climate change impacts. 2. Support legislation that eEstablishes greenhouse gas (GHG) emission reduction targets for greenhouse gas emissions. 3. Support legislation that eEstablishes market-based mechanisms to reduce greenhouse gas emissions, including providing incentives to business and citizens to reduce emissions and for green building and sustainable design. 4. Support legislation and regulations to promoteDevelop strategies to prevent pollution prevention. 5. Maintain and protectSupport the Colorado self-audit law. 6. Evaluate and address impacts of climate change on water demand and supply. 5. NATURAL AREAS AND OPEN LANDS The City has a vigorous program to protect natural areas and other important open lands within Fort Collins, within our Community Growth Management Area, and regionally. The City works in partnership with other communities, Larimer County, private land trusts, Great Outdoors Colorado, community groups, and state and federal agencies to achieve community and regional conservation goals. Therefore, the City supports the following policy statements: 1. Support legislation that Mmaintains or enhances tax incentives to private landowners for voluntary land conservation by private landowners. 2. Support legislation that eExpands the effectiveness of existing protection for wetlands, wildlife habitats, and other sensitive natural areas. 3. SupportProvide additional funding for land conservation programs. 4. Support legislation pProtecting the Cache la Poudre River. 5. Support legislation that would iIncrease the availability of Great Outdoors Colorado grants to municipalities in amounts equal to or greater than are currently offered. OIL AND GAS Formatted: Underline Formatted: Indent: Left: 0.5", No bullets or numbering Packet Pg. 181 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 23 Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins and many communities in the Front Range of Colorado. Fort Collins has a portion of a small oil field within its incorporated boundaries and has entered into an Operator Agreement or Memoranda of Understanding (MOU) that stipulates the operations, maintenance and inspection process for that operator’s local holdings. Citizens in Fort Collins have expressed continuing concern about the human and environmental health impacts from oil and gas operations and particularly from the hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters approved a five-year moratorium on oil and gas extraction in order to study its property value and human health impacts. Therefore, the City supports the following policy statements: 1. Supports tEncourage state, federal and academic studies evaluating he development and execution ofimpacts of oil and gas operations on human health impact studies of oil and gas operationsand property values. 2. Support programs and policies that allow local officials to establishEstablish baseline air pollutant levels and understand the ongoing contributions of the oil and gas industry to air pollution. 3. Support legislation that Pprovides local government the authority to inspect oil and gas sites and ensure operator compliance through enforcement of federal, state and local regulations. 4. Support programs and policies that aAllow communities to understand impacts of oil and gas on water quality. Specifically provide disposition of produced water, and clearly understand the ongoing impacts of the oil and gas industry to water quality. 5.4. Support legislation aAllowing greater local regulation of oil and gas exploration activities within municipal boundaries. 5. Support legislation to bBetter balance surface ownership with mineral right ownership. 6. Allow local governments the ability to apply municipal zoning on oil and gas extraction and storage activities. 7. Maintain the current formula allocation of severance tax to impacted jurisdictions so that they might address impacts from resource extraction. 6. RECYCLING AND SOLID WASTE Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Packet Pg. 182 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 24 The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting and source reduction. Additionally, the City has adopted a goal of diverting 75% of community waste by 2020; 90% by 2025 and 100% by 2030. adopted a goal of diverting 50% of the community’s waste stream from landfill disposal. Therefore, the City supports the following policy statements: 1. Support legislation that cClarifyies and broadens the regulatory authority of local government to ensure the efficient management of recyclable material and solid waste. 2. Support legislation that eEncourages integrated waste management planning and implementation, including but not limited to creation of a State waste diversion goal. 3. Support legislation that Pprovides incentives and funding for programs that promote waste reduction, reuse and recycling and development of related infrastructure. 4. Support legislation that Eenables “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 5. Support legislation that cContinues or increases funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Support legislation to rRequire greater producer responsibility, such as “take back” regulations that assist consumers to appropriately recycle electronic equipment (e-waste.) 7. Support legislation that eEstablishes a deposit fee on beverage containers and that would be used to pay for recycling programs. 8. Support legislation that sStrengthens the “renewable energy” standard; oppose expanding the definition to include pyrolysis (burning of materials). 8.9.Minimize waste by developing methods to use waste as an asset. UTILITY SERVICES It is critical that the City operate its electric distribution, drinking water, stormwater and wastewater services in a financially sound, reliable, safe and environmentally acceptable Formatted: List Paragraph, No bullets or numbering Packet Pg. 183 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 25 manner. Like other municipal utilities across the country, Fort Collins is faced with many new and evolving challenges associated with changes in the industry, the age and security of its infrastructure and the necessity of managing a changing workforce. Therefore, the City supports the following policy statements: ENERGY 1. Maintain infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 2. Provide assistance to local government that balances local design and implementation of greenhouse gas reduction strategies. 3. Establish uniform standards for the reduction of carbon emissions. 4. Remove barriers to financing for energy efficiency, and encourages and funds energy efficiency and conservation while allowing local customization of the programs. 5. Reduce community energy use and net energy use of existing buildings. 6. Incent renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 7. Reject attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Foster smart grid technology adoption and grid modernization. WATER SUPPLY AND QUALITY 1. Maintain or expand the authority delegated to the State to administer federally mandated water, stormwater and wastewater environmental regulatory programs (primacy). 2. Enact reasonable water quality regulations that are cost effective and can show identifiable benefits. 3. Enable local watershed protection planning. 4. Provide cities the flexibility to enhance in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. Packet Pg. 184 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 26 5. Recognize the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 6. Stipulate adequate funding for local governments to implement mandated programs. 7. Remove barriers to financing for water conservation projects. 8. Fund recovery and treatment of Cache la Poudre and other waterways impacted by natural disasters. 9. Enable the City to develop and protect its water supply under Colorado’s appropriation doctrine without adversely affecting in-stream flows or the natural environment of the stream. High Performing Government Strategic Outcome Deliver an efficient, innovative, transparent, effective and collaborative city government Strategic Objectives 1. Improve organizational capability and effectiveness – professional development, leadership, change management, strategic thinking, fiscal literacy and staff engagement. 2. Improve core Human Resources systems and develop a total reward system. 3. Align similar jobs and skill sets across the organization to address succession planning and career progression. 4. Strengthen methods of public engagement and reach all segments of the community. 5. Optimize the use of technology to drive efficiency and productivity, and to improve services. 6. Enhance the use of performance metrics to assess results. 7. Develop and implement enterprise-wide processes in appropriate areas – “Plan, Do, Check, Act” process improvement tool, safety, strategic planning, council and strategic plan tracking tool, budgeting, project management. Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.5" Packet Pg. 185 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 27 8. Assess effectiveness of safety initiatives, develop and implement safety initiatives to achieve safety goals, and continue to focus on employee health and wellness. 9. Improve productivity, efficiency, effectiveness, customer service and citizen satisfaction in all areas of the municipal organization. 10. Implement leading-edge and innovative practices that drive performance excellence and quality improvements across all Service Areas. 11. Proactively influence policy at other levels of government regulation. 12. Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust. 13. Continuously improve the City’s governance process. 1. Improve leadership capability and increase leadership effectiveness 2. Improve organizational fiscal literacy, financial management & fiscal strength 3. Implement a systematic approach to identify, organize, & communicate performance measures 4. Attract, engage and retain a high quality, creative workforce with a diverse set of skills 5. Promote and invest in employee health and safety 6. Develop and foster key community partnerships 7. Establish a culture of exceptional customer service and deliver services that exceed community expectations. HOME RULE The City of Fort Collins is a home rule municipality under Article XX (Article 20) of the Colorado Constitution, which grants home rule municipalities “full right of self- government in local and municipal matters.” Home rule authority affords the citizens of Fort Collins greater access to government and increased opportunity for participation and contribution to the decision making process. Home rule is of utmost importance to the City of Fort Collins. The City recognizes, however, that there are particular areas in which insistence on local control may be untimely or unwise. Therefore, proposed legislation must be reviewed on a case-by-case basis to determine when it is in the City's best interest to assert home rule authority and when the City should support statewide intervention. For example, the City must be free to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. On the other hand, the cumulative effect of these and other activities has substantial statewide ramifications which may call for statewide regulation, so that, for example, state regulation may be needed to effectively manage overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City supports the following policy statements: Packet Pg. 186 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 28 1. Support legislative efforts toS strengthen home rule authority of municipal governments. 2. OpposeReject legislation that requires State or Federal intervention in matters of local concern and which unnecessarily or adversely affect the City’s ability to manage pursuant to its home rule authority. HUMAN RESOURCES The City of Fort Collins is committed to the safety and well-being of its employees. The City works diligently to be an efficient and responsible steward of tax dollars while ensuring that employees receive fair and competitive compensation and benefits. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, and policies. Therefore, the City supports the following policy statements: 1. Support legislation thatE enhances the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves. 2. Support legislation that eExpands the City’s ability to offer health, welfare and wellness services for employees. 3. Support legislation that mMaintains current state funding for police officer death and disability benefits. 4. Reject Oppose legislation that would permitreturning employees with defined contribution plans to return to definedto defined benefit plans if there is a cost to local government. RISK MANAGEMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance program is a cost efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City supports the following policy statements: 1. Support legislation that improvesImprove administrative efficiency of the Division of Workers’ Compensation. Packet Pg. 187 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 29 2. Support legislation that preventsResist increased insurance premium costs to employers. 3. Support legislation that would limitLimit or reduce administrative burdens or taxes to self-insurance programs. 4. Support legislation that would cLimitheck insurance claim litigation. 5. Support legislation that Iincreases the City’s options and ability to manage workers’ compensation claims; oppose actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Reject Oppose legislation thatefforts to presumptively expands workers compensation coverage to illnesses or injuries that are not work related. SOVEREIGN AND GOVERNMENTAL IMMUNITY The Fort Collins City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Fort Collins may expose the City and its officers and employees to liability for damage and injury. The Council further recognizes that City officers and employees must be confident that they have the City’s support in the lawful and proper performance of their assigned duties and responsibilities. Therefore, the City supports the following policy statements: 1. Support legislation that prProtects the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. 2. Support legislation that dDiscourages baseless and frivolous claims and demands made against municipalities, their officers and employees. 3. Support legislation that Maintain or enhancelimits or enhances municipal liability protections, or expandsand municipal immunity. TELECOMMUNICATIONS The City of Fort Collins encourages a competitive, open market for cable and telecommunications services in order to ensure the public has access to a variety of programming and services at the lowest cost possible. Therefore, the City supports the following policy statement: Packet Pg. 188 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 30 1. Support legislation thatM maintains and enhances local franchising authority .to preserve This helps ensure local governments’ ability to negotiate, in the public interest, for cable channel space, institutional networks and public education and government programming. 2. Support legislation that rRe-establishes the rights of municipalities to provide low cost, accessible telecommunications services and related infrastructure. 3. Revise or repeal SB05-152 so that municipalities may offer high-speed and “advanced service” broadband to residents. 4. Permit communities to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. 5. Support legislation that aAllows municipalities to provide telecommunication services within City-owned facilities and on City property. 3.6.Enhance exclusive digital communication networks for public safety personnel during emergencies. 4. Support legislation that would allow communities to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. UTILITY SERVICES It is critical that the City operate its electric distribution, drinking water, stormwater and wastewater services in a financially sound, reliable, safe and environmentally acceptable manner. Like other municipal utilities across the country, Fort Collins is faced with many new and evolving challenges associated with changes in the industry, the age and security of its infrastructure and the necessity of managing a changing workforce. Therefore, the City supports the following policy statements: ENERGY 1. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 2. Support programs that provide assistance to local government, and that encourage and allow for local design and implementation of greenhouse gas reduction strategies. Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: List Paragraph, No bullets or numbering Packet Pg. 189 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 31 3. Support legislation that establishes uniform standards for the reduction of carbon emissions. 4. Support legislation that removes barriers to financing for energy efficiency, and encourages and funds energy efficiency and conservation while allowing local design and implementation of the programs. 5. Support legislation that reduces community energy use and net energy use of existing buildings. 6. Support legislation and regulations that provide incentives to encourage renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn- based ethanol) and energy efficiency. 7. Oppose legislation that attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Support legislation that encourages grid modernization and smart grid technologies WATER SUPPLY AND QUALITY 1. Support legislation that maintains or expands the authority delegated to the State to administer federally mandated water, stormwater and wastewater environmental regulatory programs (primacy). 2. Support water quality legislation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits. 3. Support legislation that enables local development of watershed protection. 4. Support legislation that provides the City the flexibility to enhance in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. 5. Support legislation that recognizes the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 6. Support adequate funding of mandated programs. 7. Support legislation that removes barriers to financing for water conservation projects. 8. Support legislation that would fund recovery and treatment of Cache la Poudre and other waterways impacted by 2012 wildfires. Packet Pg. 190 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 32 Community and Neighborhood Livability Strategic Outcome Provide a high quality built environment and support quality, diverse neighborhoods Strategic Objectives 1. Improve access to a broad range of quality housing that is safe, accessible and affordable. 2. Preserve the significant historical character of the community. 3. Direct and guide growth in the community through appropriate planning, annexation, land use and development review processes. 4. Preserve and provide responsible access to nature. 5. Preserve and enhance the City’s sense of place. 6. Promote health and wellness within the community. 7. Leverage and improve collaboration with other service agencies to address the prevention of homelessness, poverty issues and other high priority human service needs. 8. Expand organizational and community knowledge about diversity, and embrace cultural differences. 9. Develop clear goals, strategic definition and description of the City’s social sustainability role within the community. 10. Address neighborhood parking issues. 11. Maintain and enhance attractive neighborhoods through City services, innovative enforcement techniques, and voluntary compliance with City codes and regulations. 12. Foster positive and respectful neighbor relationships and open communication, as well as provide and support conflict resolution. 1. Develop innovative enforcement efforts and voluntary compliance with City codes 2. Provide, enhance & maintain attractive public spaces 3. Preserve the character of neighborhoods and enhance/maintain the attractiveness of neighborhoods 4. Encourage partnerships with private entities and public agencies for housing, and other programs 5. Improve neighborhood parking management AFFORDABLE HOUSING Packet Pg. 191 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 33 The City of Fort Collins supports policy and funding mechanisms that help the City develop and maintain affordable housing for our community’s lowest income families. Therefore, the City supports the following policy statements: 1. Support legislation that mMaintains or enhances current levels of funding for affordable housing throughout Colorado. 2. Support legislation that iIncreases local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Support legislation that pProtects the rights of low-income and/or disabled residents in tenant-landlord disputes, especially as it relates to safety issues. 4. Support legislation that rRetains flexibility for City to adopt and enforce rental terms that allow it to appropriately maintain and manage City-owned affordable rental properties. 5. Amend construction defect laws to reasonably balance safe and reliable housing with needed condominium construction. 6. Increase the amount of affordable, sustainable and high-quality housing in communities. 4.7.Develop strategies that balance the cost of services provided to the chronically homeless with the cost of providing permanent supportive housing. DEVELOPMENT REVIEW AND INSPECTION Fort Collins City Council adopts a land use code, zoning and new and existing property inspection protocol. The City supports retention of home-rule control in aligning development review and inspections with local priorities. In recent sessions, state legislators have introduced measures aimed at having local inspectors provide inspection for building types outside existing responsibilities without additional resources provided to conduct this work. Therefore, the City supports the following policy statements: 1. Support legislation that fFinancially compensates a jurisdiction or agency for additional work of inspectors through fees or other means. 2. Support legislation that gGives the local governments a choices in accepting additional inspection work. Formatted: List Paragraph, No bullets or numbering Packet Pg. 192 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 34 2.3. Allow local governments to determine the time needed to conduct development review and inspection timelines. PLANNING AND LAND USE Effective local land use planning and land development regulation contributes to the quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can influence local governments’ ability to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Support legislation that rRequires regional cooperation in land use and transportation planning, and legislation that fosters sustainable development, without unduly constraining the City’s home rule powers. 2. PSupport legislation that prohibits the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 3. Support legislation to lLimit the definition of a compensable taking and/or the definition of vested property rights beyond the provisions of existing law. 4. Support legislation that would retainRetain local government authority to impose development impact fees. 5. Support legislation that would iIncrease cities’ ability to regulate industrial land uses like oil and gas exploration and extraction. 6. Support Foster equitable public housing policies that equitably balancethat balance protection of tenants and landlords. SOCIAL SUSTAINABILITY Fort Collins has implemented a triple-bottom line-oriented Sustainability Service Area in an effort to ensure community resources are allocated by considering equally human, environmental and economic benefits. Social Sustainability is the practice of ensuring healthy social systems so that people in our community can thrive. We do this through programs, policies, and partnerships that provide equity and opportunities for all.Social sustainability focuses on housing and human services. Therefore the City supports the following policy statements: Formatted: List Paragraph, No bullets or numbering Packet Pg. 193 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 35 1. Support mMaintaining or increaseing the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Support appropriateAdequately fund educational funding for K-12 and public post-secondary institutions to ensure opportunity for youth. 3. SupportProvide funding for before and after school programs and school out days aimed at at-risk population and low- to moderate-income families. 4. Support programs and policies that seek to improveEnhance neighbor relations by improving and the resources available to community mediation and restorative justice programs. 5. Support programs and policies that pProvide communities with resources to address chronic homelessness. 6. Provide reasonable accommodation and expand access for special populations, including individuals with disabilities, seniors, at-risk youth, people with mental health needs, and households needing affordable childcare. 5. URBAN AGRICULTURE In 2011, City Plan, our community's comprehensive plan, was updated and contained four goals related to local food production. Staff has worked to align our policies and regulations with the goals outlined in our comprehensive plan. We have updated the Land Use Code to permit urban agriculture in all zone districts, allow farmers markets in more zone districts, allow a greater number and types of animals to be raised, and exempted hoop houses from the building permit process in order to facilitate year-round production. The City has also been an active participant in the Northern Colorado Food Cluster which convenes stakeholders to advance local food initiatives. Locally grown food is a critical step towards a more sustainable community. Therefore the City supports the following policy statements: 1. Provide options for urban farmers to have longer-term access to the land required for food production. 2. Provide all citizens access to healthy foods. 3. Address supply chain needs to support urban farmers. 4. Diversify the production, consumption and distribution of local food products. Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Packet Pg. 194 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 36 5. Adopt food production practices that support innovative and efficient irrigation practices. Safe Community Strategic Outcome Provide a safe place to live, work, learn and play Strategic Objectives 1. Provide facilities and training capabilities to support a high caliber police force. 2. Optimize the use of technology to drive efficiency, productivity and customer service. 3. Align staffing levels to deliver services that meet community expectations and needs, and increase public safety operational efficiency. 4. Protect life and property with natural, aesthetically pleasing flood mitigation facilities through building codes and development regulations. 5. Develop and implement emergency preparation, response and recovery plans across the organization in collaboration with other community efforts. 6. Improve safety for all modes of travel including vehicular, pedestrian and bicycles. 7. Use data to focus police efforts on reducing crime and disorder within the community. 8. Improve community involvement, education and regional partnerships to make our community safer and stronger. 9. Partner with Poudre Fire Authority to provide fire and emergency services. 10. Provide a high-quality, sustainable water supply that meets or exceeds all public health standards and supports a healthy and safe community. 1. Proactively Support prevention and community safety through education and outreach initiatives 2. Improve response times to collisions, crimes, fires, utility emergencies and medical services 3. Improve the safety and reliability of the City's built environment 4. Support community wide planning, preparedness and recovery from community disasters FIRE PROTECTION Packet Pg. 195 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 37 The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins from fire. Therefore the City supports the following policy statements: 1. Support legislation adoptingInstitute a State fire code, the code of choice being the 2012 International Building and Fire Code, and allow municipalities to adopt their own amendments. 2. Reject Oppose legislation that limits to local enforcement of the International Fire Code as adopted with local amendments, or imposinges inspection requirements or preventings collection of permit or inspection fees as required by the local jurisdiction. 3. Support legislation that requiresEnhance life safety and property protection through the installation of fire protection systems in structures to enhance life safety and property protection when appropriate. 4. Support legislation that sStrengthens the City’s ability to prohibit the use and sale of fireworks and that allows counties and fire districts to prohibit and otherwise control fireworks. 5. Support legislation that Ppromotes fire safety, education and prevention with the goal of reducing injury, loss of life and property damage. 6. Support legislation that allows localAllow local jurisdictions to implement open burning restrictions. HAZARDOUS MATERIALS MANAGEMENT It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City supports the following policy statements: 1. Support legislation that allowAllows the City to continue controlling risks from hazardous materials use, storage and transportation through the International Building and Fire Code and related local amendments. 2. Support legislation that aAllows Fort Collins to adopt local regulations for hazardous materials, including review and approval of the location of facilities that use or store hazardous materials or hazardous waste. Packet Pg. 196 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 38 3. Support legislation that sStrengthens the enforcement of hazardous materials regulations. 4. Support legislation sStrengthening the diversion of hazardous waste from landfills. 5. ESupport policies or legislation to establish greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos containing soils while maintaining responsible site management practices. 6. Support policies and legislation to pPrevent and penalize improper storage and disposal of hazardous or exploration and production (E&P) wastes from oil and gas operations within municipal boundaries. 7. Preserve community safety by ensuring emergency responders have all available information needed to effectively address disasters and maintain public well- being. 8. Ensure hazardous materials are not stored or used within the 100-year floodplain. MARIJUANA In 2012, Colorado voters approved Amendment 64 which legalizes the possession of adult-use or recreational marijuana in the state. During the same election Fort Collins residents voted to approve the use of medical marijuana within the City. Federal law maintains that marijuana is a schedule 1 drug and, as such, can neither be possessed and used nor researched. Therefore, the City supports the following policy statements: 1. Support legislation that rRegulates medical and retail marijuana manufacture, distribution and dispensaries. 2. Support legislation to cClarify the implementation and local rights and responsibilities related to Amendment 64. 3. Support clarificationClarify and align of the conflict between federal and state law with respect to marijuana enforcementmarijuana law with the Colorado Constitution. 4. Support legislation and policies that pProtect communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. Formatted: List Paragraph, No bullets or numbering Packet Pg. 197 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 39 5. Support legislation and policies that pPrevent under-21 access to marijuana. 6. Support legislation that clarifiesClarify the rights of individuals, landlords and homeowner associations in limiting or preventing growing or consuming marijuana in multi-family dwellings. 7. Provide additional state marijuana enforcement resources, especially for field enforcement. 8. Limit THC content per serving size and restrict packaging to a single serving. 6. PUBLIC SAFETY The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins. Therefore, the City supports the following policy statements: 1. Develop treatment and intervention programs, especially for youth, which have the potential to reduce incidents of violence in the community. 1. Support legislation that has the potential to reduce incidents of violence in the community, especially through the development of treatment and intervention programs for youth. 2. Support legislation and funding that pProvides greater protection to victims of crime. 3. Support legislation that mMaintains or enhances the City’s right to use camera enforcement of traffic laws, reduces operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 4. Support legislation eEstablishing protocols and funding for shared, statewide emergency response communications. 5. Reject Oppose programs thatinitiatives that have the potential to compromise officer safety. 6. Establish minimum training criteria and professional mediator certificationSupport legislation that formally legitimizes the field of Alternative Dispute Resolution (ADR) by establishing minimum training criteria and professional mediator certification. Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Packet Pg. 198 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 40 7. Support legislation that rRegulates the use of cell phones by a motorist while operating a vehicle. 8. Support legislation that pPreserves or increases funding for treatment of mental illness and substance abuse disorders. 9. Support legislation that mMaintains or enhances a statewide database of concealed weapons permits. 10. Support legislation toSeek to reduce community flood risks. 11. Support legislation that rReduces cCityies’ liability for prisoners’ self-inflicted wounds while in police custody or detention facility. 12. Support legislation and policies Rrestricting access to illegal substances. 13. Support legislation to Rrequire greater producer responsibility such as “take back” for prescription drugs to avoid these substances being abused or being disposed of into the water supply. 14. Support clarification ofClarify the qualifications for what types and purposes a business may obtain and use a state liquor license. 15. Support dDefineing what qualifies as a “meal” when calculating the percentage of meals served for a liquor license. 16. Increasing state, regional and local disaster resilience. Transportation Strategic Outcome Provide for safe & reliable multi-modal travel to, from, and throughout the city Strategic Objectives 1. Improve safety of all modes of travel. Formatted: List Paragraph, No bullets or numbering Packet Pg. 199 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 41 2. Improve transit availability and grow ridership through extended hours, improved headways, and Sunday service in appropriate activity centers. 3. Fill the gaps for all modes of travel and improve the current transportation infrastructure while enhancing the aesthetic environment. 4. Improve traffic flow for all modes of transporting people, goods and information to benefit both individuals and the business community. 5. Create and implement long-term transportation planning and help local and regional transportation networks operate at a high level of efficiency, including the airport. 6. Support efforts to achieve climate action goals by reducing mobile emissions and supporting multiple modes of transportation. 7. Create and implement planning, engineering and financial strategies to address adequate infrastructure within the northeast area of Fort Collins. 1. Provide safe, well-functioning, high quality streets, bikeways, sidewalks, trails & infrastructure 2. Provide long-term transportation planning to enhance citizen mobility and improve traffic flow 3. Limit the rate of increase or reduce vehicle traffic and enhance alternative travel modes 4. Address long-term maintenance & operations cost of transportation infrastructure 5. Enhance the sustainability of the physical assets as well as the operations of transportation systems TRANSPORTATION The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of alternative transportation whenever appropriate. Therefore, the City supports the following policies: 1. Support legislation that fFacilitates cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians. 2. Oppose legislation that seeks to reducReject reductions toe the present allocation formula of 60% state, 22% counties, and 18% municipalities for Highway User Tax Fund (HUTF) or any appropriations from the State using the same formula. 3. Support eExploratione and analysisze of alternative methods of funding transportation infrastructure needs. Packet Pg. 200 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 42 4. Support legislation to Ffund analysis and implementation of inter- and intra- regional transit linkages, including future commuter rail connectivity. 5. Support legislation that fFacilitates regional planning for various modes of transportation with the goal of providing practical solutions to reduce reliance on single occupant vehicles. 6. Support efforts to eEncourage flexibility in federal funding and regulations in order to better meet the needs of small to medium size communities. 7. Encourage or incent location of affordable housing near transit for greatest accessibility 7.8.Support pPreservatione of the federal guaranteed levels of federal funding for transportation, and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 8.9.Support legislation bBroadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 9.10. Support legislation that Increase local governments’ ability to prevent railroad trains limits the ability of railroad trains tofrom blocking street and highway grade crossings for unreasonable periods. 10.11. Support legislation that fFacilitates the implementation of railroad quiet zones in municipalities and that reduces current train horn decibel and duration requirements in existing federal rule. 12. Oppose legislation intended toReject divesting key highway roads in urban areas from the State and make them the sole responsibility of local jurisdictions. 13. Maintain safe operation of railroads through timely track inspections, joint training and communication between railroad and emergency personnel and the use of safe equipment. Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering Packet Pg. 201 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) 43 CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Ross Cunniff District 5 rcunniff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Steve RoyCarrie Daggett Interim City Attorney sroycdaggett@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Title Email Affordable Housing and Social Sustainability Joe FrankBeth Sowder Interim Social Sustainability Director jfrankbsowder@fcgov.c om Air Quality Melissa Hovey Senior Environmental Planner mhovey@fcgov.com Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com Elections, Liquor Licensing, Medical Marijuana Licensing Wanda Nelson City Clerk wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com Energy Steve Catanach Light and Power Operations Manager scatanach@fcgov.com Finance Michael Beckstead Chief Financial Officer mbeckstead@fcgov.com Economic Health Josh Birks Economic Health Director jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow Division Chief, Poudre Fire Authority 44 Legal Carrie Daggett Deputy Interim City Attorney cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Resources Director jstokes@fcgov.com Neighborhood and Building Services Mike Gebo Chief Building Official mgebo@fcgov.com Planning and Land Use Lindsay ExLaurie Kadrich Community Development and Neighborhood Services DirectorSenior Environmental Planner lexlkadrich@fcgov.com Public Safety Rita DavisCory Christensen Project and Public Information ManagerDeputy Chief rdavis@fcgov.com cchristensen@fcgov.co m Recycling and Solid Waste Susie Gordon Senior Environmental Planner sgordon@fcgov.com Risk Management Lance Murray Risk Manager lmurray@fcgov.com Stormwater Jon Haukaas Water Engineering Field Operations Manager jhaukaas@fcgov.com Transportation Mark Jackson Planning, Development and Transportation Deputy Director mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski Utility Customer Connections Manager lrosintoski@fcgov.com Water Supply and Quality Kevin GertigCarol Webb - 1 - RESOLUTION 2014-104 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CITY’S 2015 LEGISLATIVE POLICY AGENDA WHEREAS, state and federal legislation may impact the citizens of Fort Collins, affecting their quality of life; and WHEREAS, such state and federal legislation may also influence the operations of municipal governments, including the City; and WHEREAS, the City has an interest in providing input on proposed legislation; and WHEREAS, Councilmembers and staff are asked to state the City’s policy position on legislation; and WHEREAS, in addition on occasion the City has an interest in providing input on proposed county, state and federal regulations; and WHEREAS, establishing the City’s policy position assists the members of the Legislative Review Committee in their review of, and response to, these matters, and assists City staff in communicating and advocating the City’s policy position on the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the policy statements contained in the attached 2015 Legislative Policy Agenda accurately reflect the City’s policies on these issues. Section 2. That the City Council hereby adopts the 2015 Legislative Policy Agenda attached hereto as Exhibit “A” and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of November, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 204 1 LEGISLATIVE POLICY AGENDA 2015 Adopted November 18, 2014 EXHIBIT A Packet Pg. 205 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 2 TABLE OF CONTENTS TOPIC PAGE INTRODUCTION 4 FORT COLLINS LEGISLATIVE REVIEW COMMITTEE 5 LEGISLATIVE REVIEW PROCESS 5 2015 LEGISLATIVE PRIORITIES 6 LEGISLATIVE POLICY STATEMENTS 13 CULTURAL AND RECREATION CULTURAL SERVICES 13 PARKS AND RECREATION 13 ECONOMIC HEALTH FINANCE 15 INVESTMENTS 15 PRIVATIZATION 16 ECONOMIC DEVELOPMENT 16 ENVIRONMENTAL HEALTH AIR QUALITY 17 CLIMATE AND ENVIRONMENTAL PROTECTION 18 NATURAL AREAS AND OPEN LANDS 19 OIL AND GAS 19 RECYCLING AND SOLID WASTE 20 UTILITY SERVICES 21 ENERGY 21 WATER SUPPLY AND QUALITY 22 HIGH PERFORMING GOVERNMENT HOME RULE 23 HUMAN RESOURCES 24 RISK MANAGEMENT 24 SOVEREIGN AND GOVERNMENTAL IMMUNITY 25 TELECOMMUNICATIONS 25 COMMUNITY AND NEIGHBORHOOD LIVABILITY AFFORDABLE HOUSING 27 DEVELOPMENT REVIEW AND INSPECTION 27 PLANNING AND LAND USE 28 SOCIAL SUSTAINABILITY 29 URBAN AGRICULTURE 29 SAFE COMMUNITY Packet Pg. 206 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 3 FIRE PROTECTION 30 HAZARDOUS MATERIALS MANAGEMENT 31 MARIJUANA 32 PUBLIC SAFETY 32 TRANSPORTATION TRANSPORTATION 34 CITY LEGISLATIVE STAFF 36 Packet Pg. 207 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 4 INTRODUCTION Fort Collins is a community of more than 155,000 residents located at the foot of the Rocky Mountains along Colorado’s Front Range. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of Northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The Fort Collins City Council annually adopts a broad set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. The City is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community,” through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The 2015 City of Fort Collins Legislative Policy Agenda identifies a broad range of important issues for the City of Fort Collins. The Agenda expresses policies and positions on issues that affect the quality of life and the governance of our community. Our policy agenda is structured to address areas of local concern and also to reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. The City’s Legislative Priorities are issues Fort Collins is focused on in the 2015 Colorado General Assembly and United States Congress. These priority topics, similar to the City’s overall policies, are reviewed and updated annually. Revisions to the policy agenda and priorities are adopted in November ahead of the Colorado General Assembly session. Partnership and interagency collaboration are important methods for achieving optimal legislative outcomes. On many federal and state issues, Fort Collins shares the concerns of others within the community, within the region and other communities statewide. In these cases, Fort Collins will seek opportunities to leverage additional resources and participate in regional dialogue to achieve shared outcomes. The City identified seven outcome areas to ensure appropriate and effective resource allocation supporting the community’s priorities. Fort Collins’ outcome areas include Culture and Recreation; Economic Health; Environmental Health; High Performing Government; Neighborhood Livability; Safe Community; and Transportation. The Policy Agenda identifies specific City Council-adopted goals associated with the policy statements. This alignment is important for City staff to ensure that advocacy supports specific desired outcomes. Packet Pg. 208 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 5 CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Councilmembers that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on particular bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. Councilmembers presently serving on the Legislative Review Committee are:  Councilmember Wade Troxell, Chair  Councilmember Lisa Poppaw  Councilmember Ross Cunniff LEGISLATIVE REVIEW PROCESS Bills introduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by the Legislative Policy Manager. Bills, regulation and rules addressing a stated legislative priority, or adopted policy position, may be brought to the LRC for discussion of an official City position. Once a position is adopted on a bill, the Legislative Policy Manager conveys that information to the appropriate state or federal representative and advocates for the City’s adopted position. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The input offered by staff experts is invaluable in analyzing impacts of legislative, regulatory and rulemaking proposals to Fort Collins operations and the community. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins works with the Colorado Association of Municipal Utilities (CAMU), which represents 29 municipal utilities throughout the state on utility issues. Fort Collins actively participates in the Colorado Water Congress State Affairs Committee to address water-related issues. Packet Pg. 209 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 6 LEGISLATIVE PRIORITIES Objective: Cooperate with stakeholders on refinement of Urban Renewal Authority laws Issue: An Urban Renewal Authority (URA) is a tool in place to identify and revitalize areas of communities deemed blighted and provide a funding mechanism to encourage redevelopment. The main funding source for URA is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal restores economic vitality and improves the safety of a designated area. Redeveloping urban areas is much harder and more expensive than new development in “greenfield sites”, thus responds to larger, more costly infrastructure needs. The state of Colorado has empowered local authorities to use Urban Renewal Authorities to encourage revitalization and the elimination of blight in these areas. URA law has been frequently modified by the General Assembly, including many changes supported by the City. Fort Collins supports dialogue on URA refinement but does not support bills that would eliminate the use of URA or TIF. Fort Collins attempts to use URA and TIF judiciously but also recognizes the concerns raised by counties, special districts and school districts about the use of TIF. URA is an important and useful tool for Fort Collins in addressing community blight and encouraging redevelopment rather than sprawl. Objective: Support local control of oil and gas operations Issue: Fort Collins, like many other Colorado communities, has taken steps to address oil and gas extraction. Those efforts have been limited by the Colorado Oil and Gas Conservation Commission (COGCC) rules. Fort Collins supports studying and better understanding the health and community impacts of oil and gas extraction. Fort Collins seeks the following:  Increased local flexibility to regulate oil and gas activity within its incorporated borders  Additional information about the chemicals being injected into the ground, especially during hydraulic fracturing  Greater knowledge and control of air emissions from extraction processes and production equipment  Enhanced right for communities to regulate oil and gas as an industrial practice and therefore apply local zoning practices to operators  Better balance between surface land ownership and mineral rights ownership Fort Collins intends to use existing programs like the Local Government Designee (LGD) to its fullest potential, but will also seek legislative remedies to areas of greatest concern. Fort Collins will also work with other interested communities to address oil and gas Packet Pg. 210 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 7 operation concerns. The City is monitoring the work of the Governor’s appointed Oil and Gas Task Force and will provide comments as permitted. Objective: Advocate solutions to nuisance and safety issues related to railroad proximity Issue: Communities throughout the United States are wrestling with issues related to railroad proximity – these include the transport of hazardous materials, rail car safety, train horn noise, transparency related to rail cargo and train switching. These issues affect quality of life for residents and business owners and can result in catastrophic disasters in cases of derailment. Fort Collins has two active railroad corridors and is working regionally, through the Colorado Municipal League (CML) and National League of Cities (NLC), to raise the profile of rail proximity issues. In addressing rail safety and rail proximity issues, the City has active relationships with Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroad companies and has cultivated a relationship with the federal regulatory body – the Federal Railroad Administration (FRA). In order to clean our air, reduce auto congestion and improve quality of life, several federal agencies including the EPA, HUD and the Federal Transit Administration are encouraging Transit Oriented Development. The idea behind Transit Oriented Development is to bring residents closer to mass transit lines so that they can use mass transportation, and so that downtown revitalization can occur. The Mason Corridor Bus Rapid Transit, which began operation in 2014, is one example. At the same time, the FRA train horn rule in effect is discouraging the development community and residents from locating around transit. Reform is needed. Trains have regained preference for transporting goods and materials. The increased use of rail has added pressure to the system and identified several safety concerns – track maintenance, tanker car safety, and notification of hazardous materials to public safety leaders. Fort Collins will work to the following goals at a state and national level:  Engagement with railroad companies  Development of a “proximity issues” dialogue between railroad and local governments on a broad suite of topics  Notification about hazardous material shipments passing through communities  Ensuring track maintenance and train car safety  Collaborate with railroads to train local emergency personnel Objective: Support allowing local governments to provide broadband and enhanced communication services Issue: In 2005, the Colorado General Assembly passed SB 152, “Competition in Utility and Entertainment Services.” The legislature’s stated intent behind the act was predictability, uniformity, and fairness in the cable television, telecommunications and high-speed Internet access industries, especially where affected by municipal actions. Packet Pg. 211 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 8 SB 152 prohibits local governments from directly or indirectly providing cable television service, telecommunications service or advanced service. “Advanced service” is defined as “high-speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream.” Wired and wireless broadband services are included in this category. Fort Collins Information Technology Department can provide wired and wireless broadband services to City offices and City-owned facilities, but is precluded from doing so by state law. The City supports modifying or repealing the provisions of SB05-152 to allow municipalities to provide this “advanced service” in their own buildings and facilities. Objective: Support marijuana law clarifications and alignment with Colorado Constitution Issue: The passage and implementation of Amendment 64 legalized adult use marijuana in Colorado. Fort Collins City Council approved limited adult use marijuana businesses and sales in addition to existing medical marijuana businesses. Fort Collins seeks clarification on the following items:  Conflicts exist between state and federal laws regarding marijuana possession  Enforcement of the new law and its impacts on local staff and public safety resources  Rules pertaining to packaging and labeling marijuana and products containing marijuana  Effectively funding prevention of under-21 possession and use  Community public safety  Limiting THC content per serving size and restrict packaging to a single serving In addition to adult use marijuana, communities across the United States that have authorized medical marijuana are struggling with implementation and the need for a single, viable distribution system. At the core of the issues with both medical and adult use marijuana is the classification of the drug. Marijuana is currently classified as a Schedule 1 drug, this designation means it cannot be prescribed by a doctor or handled through the same distribution channels as other prescribed drugs. As a result, different states have adopted approaches in conflict with federal laws. In Colorado, medical marijuana may be recommended by a doctor but not prescribed. Work is needed at the federal level to clarify this issue. The federal classification should be re-evaluated to consider allowing more medical research. If it is determined that marijuana fits one of the other classifications and does have medical benefits, it could be included in the existing drug delivery system. Objective: Participate in federal, state and regional efforts to foster resilient communities Packet Pg. 212 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 9 Issue: Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Resilience has become a term used to describe hardening vulnerable community infrastructure and preparing for predictable hazards in order to soften the blow on citizens and infrastructure. Making Fort Collins and Northern Colorado more resilient involves providing decision- makers hazard mitigation analysis and scientific data, then using that information to invest in complementary systems. Northern Colorado’s experience is that resilience must be a regional effort that pays off through coordinated advanced planning and investment. Resiliency efforts are important because they impact a broad set of critical services including:  Land use  Utility operations  Transportation infrastructure  Sustainability services  Health  Safety  Emergency Response  Disaster recovery Objective: Support regional transportation infrastructure connectivity with an emphasis on funding an integrated, multi-modal system Issue: Funding for vital transportation infrastructure continues to be a high priority for the City of Fort Collins. Transportation infrastructure is a critical element to supporting community and regional economic health, safety and quality of life. We strongly support preservation of federal funding levels and full allocation of federal motor fuel taxes and other federal transportation trust funds for their intended purposes. In addition, we urge development of a new, more stable, long-range transportation funding mechanism that doesn’t rely upon fuel tax revenues. Fuel tax is no longer a sustainable method of funding the nation’s transportation infrastructure needs. Fort Collins seeks a solution to secure critical funding of the nation’s highway and bridge projects. Allowing the Highway Trust Fund to become insolvent would be devastating to the City’s transportation infrastructure and have impacts throughout the Northern Colorado economy. The City supports a long-term reauthorization of the nation’s surface transportation law with a focus on transit, livable community planning, comprehensive regional investments, revitalization of existing infrastructure, pedestrian and bicycle infrastructure, and approaches that decrease petroleum consumption and reduce carbon pollution. Packet Pg. 213 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 10 Objective: Pursue federal policies and resources needed to attain City-adopted climate action goals Issue: Fort Collins has adopted aggressive climate action and greenhouse gas reduction goals. The City supports policies and legislation helping communities to achieve specific greenhouse gas reductions, gather scientific data supporting climate actions and to invest in needed infrastructure to limit or reduce greenhouse gas emissions. The "Empowering Local Clean Energy Action" federal policy agenda identifies key policies and resources needed for local governments to sustain cleaner energy progress. These include investments in federal programs such as the Department of Energy’s Energy Efficiency and Conservation Block Grants, EPA's Climate Showcase Communities, HUD's Sustainable Communities, and other programs that provide direct support for local sustainability initiatives. Fort Collins supports clarification at the federal and state levels of Property Assessed Clean Energy (PACE) programs. PACE financing, an alternative to a loan, is designed to encourage the installation of renewable-energy systems and improve energy efficiency by helping property owners overcome the barrier of high up-front energy equipment and installation costs. Home energy efficiency can be a significant contributor to community energy efficiency and GHG-reduction goals. Objective: Support comprehensive water resource management Issue: Water resources from the Mountain West to California are stressed by many factors – environmental, population growth and aging infrastructure. Local water resource planning efforts ensure adequate supply to residents through managing the City’s water rights portfolio, encouraging increased efficiency and expanding storage. Fort Collins will support efforts to address water needs, preserve its water rights portfolio, and to encourage conservation of water resources. The conservation of water resources extends to support for Cache la Poudre River restoration projects. Fort Collins will participate in the development of the Colorado Water Plan and the development of the federal Environmental Protection Agency’s (EPA) Waters of the United States rulemaking. Objective: Support waste stream management, reduction and resource strategies Issue: The Fort Collins community is just one member of a regional “waste shed” in Northern Colorado. The City acknowledges this interdependence, and the role that state legislation can, and should, play in applying broad measures such as setting a state waste diversion goal and helping to support related strategies, which could also serve to reduce carbon emissions and create opportunities for waste-to-energy applications when ultra-low pollution conversion technology is used. Packet Pg. 214 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 11 The City relies on regional and state-wide infrastructure and systems for conventional landfill disposal alternatives such as commercial-scale composting, bio-digesters, recycled-content manufacturers, and specialty landfills. We can be more effective at meeting the community’s waste reduction goals through partnerships aimed at reduction, management and resources strategies. HB07-1288, the Recycling Resources Economic Opportunity Act, will sunset in 2017. The City supports extending the provisions of this bill, which established a grant fund for recycling projects using revenue from a seven-cents/ton surcharge on trash placed in Colorado landfills. The City supports the grant program and further seeks steps to increase funding for this high-performing recycling program. Objective: Support a comprehensive approach to reduce the impacts of poverty, housing affordability and homelessness Issue: Poverty and homelessness are persistent issues in Fort Collins and across Colorado. Fort Collins is committed to making homelessness rare, short-lived and non- recurring. The City is interested in developing local solutions to these persistent problems through collaboration and innovation. The City plays both a convening and leadership role among the many community service providers – seeking to foster sustainable solutions to complex social issues through a combination of City involvement and leadership. Fort Collins supports solutions to address poverty within the community such as:  Create an affordable housing fund  Implement the Earned Income Tax Credit  Fix the Child Care Tax Credit  Develop or expand programs that ensure a smooth transition from foster care to independence  Increase funding for mental health care/programs  Increase development of condominiums by addressing construction defect law Objective: Support the innovation economy Issue: Innovation is a key attribute of the City organization and is also important to the community. Fort Collins has numerous drivers of innovation, intellectual property and inventions with an educated resident base, Colorado State University, federal research labs, and a long list of innovative companies. As a result, Fort Collins has a culture and support system that nurtures an innovation economy with the City often serving as a living laboratory for ideas and new technologies. The City will maintain and enhance its innovation economy through: Packet Pg. 215 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 12  Supporting efforts to simplify the commercialization of intellectual property  Efforts to increase the available capital to support innovation and new business formation  Efforts that support the spin-off and development of intellectual property from research institutes, private business, and higher education  Efforts to encourage the retention of new and innovative businesses in the community  Supporting business incubation, primarily through the commercialization of intellectual property, with strong partnerships  Application of innovative technologies and approaches to improve city programs and services Packet Pg. 216 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 13 LEGISLATIVE POLICY STATEMENTS Cultural and Recreation Strategic Outcome Fort Collins provides diverse cultural and recreational amenities Strategic Objectives 1. Improve low and moderate income citizen access to, and participation in, City programs and facilities 2. Develop effective marketing strategies that drive optimal attendance and revenue 3. Develop effective Operation and Maintenance (O&M) funding alternatives for City subsidized facilities and programs 4. Maintain and enhance the current culture, recreation and parks systems 5. Plan, design and implement citywide park, recreation and trail improvements 6. Develop a clear strategic definition and description of the City’s role in the culture and arts while leveraging partnerships with other community organizations 7. Promote a healthy community and responsible access to nature CULTURAL SERVICES The City recognizes that art and culture are important to the quality of life in our community and is committed to providing the citizens of Fort Collins with excellent cultural services. Therefore, the City supports the following policy statements: 1. Fund cultural services activities promoting the education, entertainment and enrichment of the community. 2. Facilitate the creation, performance and presentation of the arts. 3. Protect and preserve our cultural heritage. 4. Expand access and inclusion for all citizens to cultural events. PARKS AND RECREATION The City is committed to providing the community with excellent parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality parks and recreation programs. Packet Pg. 217 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 14 Therefore, the City supports the following policy statements: 1. Maintain or enhance funding for parks, trails, forestry, horticulture and recreation services and facilities. 2. Provide maximum local discretion to use Great Outdoors Colorado and other sources to fund municipal government projects addressing local needs and priorities. 3. Sustain availability of Great Outdoors Colorado grants to municipalities in equal or greater funding levels. 4. Enhance the City’s ability to provide quality parks and recreation services and facilities for its citizens. 5. Enhance the protection of community trees and natural assets against invasive species, pests and other threats. 6. Expand access and inclusion for all citizens to community recreational opportunities. ECONOMIC HEALTH Strategic Outcome Promote a healthy, sustainable economy reflecting community values Strategic Objectives 1. Align economic health goals and strategy across all levels of the organization and refine and agree upon the economic tools the City uses 2. Improve policies and programs to retain, expand, incubate and attract primary employers where consistent with City goals 3. Support workforce development and community amenities initiatives that meet the needs of employers within the City 4. Improve effectiveness through collaboration with economic-health oriented regional partners 5. Sustain high water quality to support the community and water-dependent businesses 6. Maintain utility systems and services; infrastructure integrity; and stable, competitive rates 7. Support sustainable infill and redevelopment to meet climate action strategies 8. Preserve the City’s sense of place Packet Pg. 218 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 15 9. Provide transparent, predictable and efficient processes for citizens and businesses interacting with the City 10. Address Downtown parking issues identified in the adopted Parking Plan, including funding, convenient access, and integrated transit and alternative mode solutions 11. Encourage the development of reliable, ultra-high speed internet services throughout the community FINANCE As a municipality, the City of Fort Collins faces many complex financial issues. Strong fiscal planning, prudent debt management and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City supports the following policy statements: 1. Maintain or expand municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). 2. Increase funding for higher education, specifically Colorado State University and Front Range Community College. 3. Promote the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions. 4. Recognize the importance of sales and use tax to local, self-collecting municipalities and equitably distribute sales tax collections on e-commerce transactions. 5. Maintain or increase the City’s revenue base (sales, use and property tax). INVESTMENTS The Fort Collins City Council has adopted investment policies to be used by the City. The policies are reviewed and updated periodically to ensure the safety and quality of the portfolio to maintain liquidity and to maximize portfolio earnings. Therefore, the City supports the following policy statements: 1. Protect, without unnecessarily restricting, the government entities’ investment portfolios. Packet Pg. 219 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 16 2. Provide adequate transparency of the City’s investment activity. 3. Provide municipalities freedom to participate in investments that meet their adopted strategic objectives. 4. Does not restrict cities’ ability to adopt their own investment policies. PRIVATIZATION The City of Fort Collins utilizes outside contracts for procurement of many goods and services. This practice of privatization provides citizens with a balance of quality and cost efficiency. Therefore, the City supports the following policy statements: 1. Enable cities to choose the provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 2. Maintain local control concerning the awarding of contracts and the accountability of local officials for those actions. 3. Reject mandates that increase the complexity and cost of services without improving those services. ECONOMIC DEVELOPMENT Fort Collins seeks to maintain a healthy and resilient economic base of businesses. The City works closely with businesses to retain and invest in alignment with the Council’s Action Plan. A healthy and resilient economy for Fort Collins will include:  Diverse jobs that enable citizens and businesses to thrive  Reflects the values of our unique community in a changing world  An innovative, creative, and entrepreneurial atmosphere  Strong partnerships and collaboration with the private sector, educational institutions, and other organizations Therefore, the City supports the following policy statements: 1. Promote sustainable economic development. 2. Retain local governments’ use of tax increment financing as a tool to support Downtown Development Authorities and Urban Renewal Authorities, taking into consideration the land use impacts of such legislation (e.g., sprawl) and the compelling interests and concerns of other taxing entities. Packet Pg. 220 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 17 3. Encourage adopting innovative solutions to governmental and community problems. ENVIRONMENTAL HEALTH Strategic Outcome Promote, protect and enhance a healthy and sustainable environment Strategic Objectives 1. Improve and protect wildlife habitat and the ecosystems of the Poudre River and other urban streams 2. Achieve environmental goals using the Sustainability Assessment framework 3. Implement indoor and outdoor air quality improvement initiatives 4. Reduce greenhouse gas (GHG) emissions by creating a built environment focused on green building and mobile emission reductions 5. Demonstrate progress toward achieving net zero energy within the community and the City organization using a systems approach 6. Engage citizens in a way to educate and change behavior toward more sustainable living practices 7. Increase the community’s resiliency and preparedness for changes in climate, weather and resource availability 8. Protect and monitor water quality, and implement appropriate conservation efforts and long-term water storage capability 9. Meet or exceed all environmental regulations 10. Conserve and restore biodiversity and habitat 11. Demonstrate progress toward achieving zero waste within the community and the City organization AIR QUALITY The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City supports the following policy statements: 1. Adopt programs and policies that improve public health and air quality. 2. Ensure air quality standards are protective of public health and welfare. Packet Pg. 221 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 18 3. Enhance local government authority to improve air quality beyond minimum State or Federal requirements. 4. Promote strategies to improve regional air quality, recognizing that air pollution does not follow jurisdictional boundaries. 5. Assure that Federal, State and County agencies have adequate authority and resources (funding and personnel) to enforce air quality regulations. 6. Promote voluntary actions to reduce air pollution. 7. Reduce vehicle emissions by:  Using the price mechanisms of the free market to shift citizen and business travel behavior toward actions that reduce vehicle emissions and vehicle miles of travel, including removing hidden cost subsidies to motor vehicle users  Employing economic incentives and disincentives and other market approaches that support clean air  Encouraging behavior changes, such as reducing idling of vehicles  Implementing State motor vehicle emissions testing programs consistent with City air quality goals 8. Provide authority for local governments to implement vehicle emissions reductions programs. 9. Strengthen tailpipe emission and fuel economy standards for all vehicles. 10. Promote advanced low emission vehicle technology. 11. Encourage or promote lower carbon alternative fuels. 12. Reduce or eliminate residential wood smoke emissions in order to achieve compliance with air quality standards. 13. Reduce fossil fuel consumption in the transportation and building sector. CLIMATE AND ENVIRONMENTAL PROTECTION The City of Fort Collins encourages local, state and national efforts to protect and enhance our environment. Additionally, the City has a policy goal to reduce greenhouse gas emissions 20% below 2005 levels by 2020 and 80% below 2005 levels by 2030 and 100% below 2005 levels by 2050. The goals call for Fort Collins to be carbon neutral by 2050. Therefore the City supports the following policy statements: Packet Pg. 222 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 19 1. Enhance Fort Collins’ resilience to impacts of climate change. 2. Establish greenhouse gas (GHG) emission reduction targets. 3. Establish market-based incentives to reduce greenhouse gas emissions. 4. Develop strategies to prevent pollution. 5. Maintain and protect the Colorado self-audit law. 6. Evaluate and address impacts of climate change on water demand and supply. NATURAL AREAS AND OPEN LANDS The City has a vigorous program to protect natural areas and other important open lands within Fort Collins, within our Community Growth Management Area, and regionally. The City works in partnership with other communities, Larimer County, private land trusts, Great Outdoors Colorado, community groups, and state and federal agencies to achieve community and regional conservation goals. Therefore, the City supports the following policy statements: 1. Maintain or enhance tax incentives available to private landowners for voluntary land conservation. 2. Expand the effectiveness of existing protection for wetlands, wildlife habitats, and other sensitive natural areas. 3. Provide additional funding for land conservation programs. 4. Protect the Cache la Poudre River. 5. Increase the availability of Great Outdoors Colorado grants to municipalities in amounts equal to or greater than are currently offered. OIL AND GAS Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins and many communities in the Front Range of Colorado. Fort Collins has a portion of a small oil field within its incorporated boundaries and has entered into an Operator Agreement or Memoranda of Understanding (MOU) that stipulates the operations, maintenance and inspection process for that operator’s local holdings. Citizens in Fort Collins have expressed continuing concern about the human and environmental health impacts from oil and gas operations and particularly from the hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters Packet Pg. 223 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 20 approved a five-year moratorium on oil and gas extraction in order to study its property value and human health impacts. Therefore, the City supports the following policy statements: 1. Encourage state, federal or academic studies evaluating the impacts of oil and gas operations on human health and property values. 2. Establish baseline air pollutant levels and understand the ongoing contributions of the oil and gas industry to air pollution. 3. Provide local government the authority to inspect oil and gas sites and ensure operator compliance through enforcement of federal, state and local regulations. 4. Allow communities to understand and evaluate impacts of oil and gas on water quality. 5. Allow greater local regulation of oil and gas exploration activities within municipal boundaries. 6. Better balance surface ownership with mineral right ownership. 7. Allow local governments the ability to apply municipal zoning on oil and gas extraction and storage activities. 8. Maintain the current formula allocation of severance tax to impacted jurisdictions so that they might address impacts from resource extraction. RECYCLING AND SOLID WASTE The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting and source reduction. Additionally, the City has adopted a goal of diverting 75% of community waste by 2020; 90% by 2025 and 100% by 2030. Therefore, the City supports the following policy statements: 1. Clarify and broaden the regulatory authority of local government to ensure the efficient management of recyclable material and solid waste. 2. Encourage integrated waste management planning and implementation, including but not limited to creation of a State waste diversion goal. 3. Provide incentives and funding for programs that promote waste reduction, reuse and recycling and development of related infrastructure. Packet Pg. 224 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 21 4. Enable “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 5. Continue or increase funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Require greater producer responsibility, such as “take back” regulations that assist consumers to appropriately recycle electronic equipment (e-waste). 7. Establish a deposit fee on beverage containers and that would be used to pay for recycling programs. 8. Strengthen the “renewable energy” standard; oppose expanding the definition to include pyrolysis (burning of materials). 9. Minimize waste by developing methods to use waste as an asset. UTILITY SERVICES It is critical that the City operate its electric distribution, drinking water, stormwater and wastewater services in a financially sound, reliable, safe and environmentally acceptable manner. Like other municipal utilities across the country, Fort Collins is faced with many new and evolving challenges associated with changes in the industry, the age and security of its infrastructure and the necessity of managing a changing workforce. Therefore, the City supports the following policy statements: ENERGY 1. Maintain infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 2. Provide technical assistance to local government that balances local design and implementation of greenhouse gas reduction strategies. 3. Establish uniform standards for the reduction of carbon emissions. 4. Remove financing barriers for energy efficiency, and encourage and fund energy efficiency and conservation while allowing local customization of the programs. 5. Reduce community energy use and net energy use of existing buildings. Packet Pg. 225 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 22 6. Incent renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 7. Reject attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Foster smart grid technology adoption and grid modernization. WATER SUPPLY AND QUALITY 1. Maintain or expand the authority delegated to the State to administer federally mandated water, stormwater and wastewater environmental regulatory programs (primacy). 2. Enact reasonable water quality control regulations that are cost effective and can show tangible benefits. 3. Enable local watershed protection planning. 4. Provide cities the flexibility to enhance in-stream flows to preserve or improve the natural environment of the stream while protecting the integrity of Colorado’s appropriation doctrine and City water supply. 5. Recognize the importance of infrastructure security while minimizing restriction to the Utility’s ability to manage security as an integral part of the system. 6. Stipulate adequate funding for local governments to implement mandated programs. 7. Remove barriers to financing for water conservation projects. 8. Fund recovery and treatment of Cache la Poudre and other waterways impacted natural disasters. 9. Enable the City to develop and protect its water supply under Colorado’s appropriation doctrine without adversely affecting in-stream flows or the natural environment of the stream. Packet Pg. 226 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 23 High Performing Government Strategic Outcome Deliver an efficient, innovative, transparent, effective and collaborative city government Strategic Objectives 1. Improve organizational capability and effectiveness – professional development, leadership, change management, strategic thinking, fiscal literacy and staff engagement. 2. Improve core Human Resources systems and develop a total reward system. 3. Align similar jobs and skill sets across the organization to address succession planning and career progression. 4. Strengthen methods of public engagement and reach all segments of the community. 5. Optimize the use of technology to drive efficiency and productivity, and to improve services. 6. Enhance the use of performance metrics to assess results. 7. Develop and implement enterprise-wide processes in appropriate areas – “Plan, Do, Check, Act” process improvement tool, safety, strategic planning, council and strategic plan tracking tool, budgeting, project management. 8. Assess effectiveness of safety initiatives, develop and implement safety initiatives to achieve safety goals, and continue to focus on employee health and wellness. 9. Improve productivity, efficiency, effectiveness, customer service and citizen satisfaction in all areas of the municipal organization. 10. Implement leading-edge and innovative practices that drive performance excellence and quality improvements across all Service Areas. 11. Proactively influence policy at other levels of government regulation. 12. Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the public trust. 13. Continuously improve the City’s governance process. HOME RULE The City of Fort Collins is a home rule municipality under Article XX (Article 20) of the Colorado Constitution, which grants home rule municipalities “full right of self- government in local and municipal matters.” Home rule authority affords the citizens of Fort Collins greater access to government and increased opportunity for participation and contribution to the decision making process. Home rule is of utmost importance to the City of Fort Collins. The City recognizes, however, that there are particular areas in which insistence on local control may be Packet Pg. 227 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 24 untimely or unwise. Therefore, proposed modifications must be reviewed on a case-by- case basis to determine when it is in the City's best interest to assert home rule authority and when the City should support statewide intervention. For example, the City must be free to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. On the other hand, the cumulative effect of these and other activities has substantial statewide ramifications which may call for statewide regulation, so that, for example, state regulation may be needed to effectively manage overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City supports the following policy statements: 1. Strengthen home rule authority of municipal governments. 2. Reject State or Federal intervention in matters of local concern and which unnecessarily or adversely affect the City’s ability to manage pursuant to its home rule authority. HUMAN RESOURCES The City of Fort Collins is committed to the safety and well-being of its employees. The City works diligently to be an efficient and responsible steward of tax dollars while ensuring that employees receive fair and competitive compensation and benefits. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, and policies. Therefore, the City supports the following policy statements: 1. Enhance the City’s ability to decide employment issues, including collective bargaining, arbitration, compensation, benefits and leaves. 2. Expand the City’s ability to offer health, welfare and wellness services for employees. 3. Maintain current state funding for police officer death and disability benefits. 4. Reject returning employees with defined contribution plans to defined benefit plans if there is a cost to local government. RISK MANAGEMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance Packet Pg. 228 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 25 program is a cost efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City supports the following policy statements: 1. Improve administrative efficiency within the Division of Workers’ Compensation. 2. Resist increased insurance premium costs to employers. 3. Limit or reduce administrative burdens or taxes to self-insurance programs. 4. Limit insurance claim litigation. 5. Increase the City’s options and ability to manage workers’ compensation claims; oppose actions like removing existing offsets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Reject efforts to presumptively expand workers compensation coverage to illnesses or injuries that are not work related. SOVEREIGN AND GOVERNMENTAL IMMUNITY The Fort Collins City Council recognizes that the complexity and diversity of City operations and services required to meet the needs of the citizens of Fort Collins may expose the City and its officers and employees to liability for damage and injury. The Council further recognizes that City officers and employees must be confident that they have the City’s support in the lawful and proper performance of their assigned duties and responsibilities. Therefore, the City supports the following policy statements: 1. Protect the interests of municipalities and their officers and employees in the lawful and proper performance of their duties and responsibilities. 2. Discourage baseless and frivolous claims and demands made against municipalities, their officers and employees. 3. Maintain or enhance municipal liability protections and municipal immunity. TELECOMMUNICATIONS The City of Fort Collins encourages a competitive, open market for cable and telecommunications services in order to ensure the public has access to a variety of programming and services at the lowest cost possible. Packet Pg. 229 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 26 Therefore, the City supports the following policy statement: 1. Maintain and enhance local franchising authority to preserve local governments’ ability to negotiate in the public interest for cable channel space, institutional networks and public education and government programming. 2. Re-establish the rights of municipalities to provide low cost, accessible telecommunications services and related infrastructure. 3. Revise or repeal SB05-152 so that municipalities may offer high-speed and “advanced service” broadband to residents. 4. Permit municipalities to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. 5. Allow municipalities to provide telecommunication services within City-owned facilities and on City property. 6. Enhance exclusive digital communication networks for public safety personnel use during emergencies. Community and Neighborhood Livability Strategic Outcome Provide a high quality built environment and support quality, diverse neighborhoods Strategic Objectives 1. Improve access to a broad range of quality housing that is safe, accessible and affordable. 2. Preserve the significant historical character of the community. 3. Direct and guide growth in the community through appropriate planning, annexation, land use and development review processes. 4. Preserve and provide responsible access to nature. 5. Preserve and enhance the City’s sense of place. 6. Promote health and wellness within the community. 7. Leverage and improve collaboration with other service agencies to address the prevention of homelessness, poverty issues and other high priority human service needs. 8. Expand organizational and community knowledge about diversity, and embrace cultural differences. Packet Pg. 230 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 27 9. Develop clear goals, strategic definition and description of the City’s social sustainability role within the community. 10. Address neighborhood parking issues. 11. Maintain and enhance attractive neighborhoods through City services, innovative enforcement techniques, and voluntary compliance with City codes and regulations. 12. Foster positive and respectful neighbor relationships and open communication, as well as provide and support conflict resolution. AFFORDABLE HOUSING The City of Fort Collins supports policy and funding mechanisms that help the City develop and maintain affordable housing for our community. Therefore, the City supports the following policy statements: 1. Maintain or enhance current levels of funding for affordable housing throughout Colorado. 2. Increase local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Protect the rights of low-income and/or disabled residents in tenant-landlord disputes, especially as it relates to safety issues. 4. Retain flexibility for City to adopt and enforce rental terms that allow it to appropriately maintain and manage City-owned affordable rental properties. 5. Amend construction defect laws to reasonably balance safe and reliable housing with needed condominium construction. 6. Increase the amount of affordable, sustainable and high-quality housing in communities. 7. Develop strategies that balance the cost of services provided to the chronically homeless with the cost of providing permanent supportive housing. DEVELOPMENT REVIEW AND INSPECTION Fort Collins City Council adopts a land use code, zoning and new and existing property inspection protocol. The City supports retention of home-rule control in aligning development review and inspections with local priorities. In recent sessions, state legislators have introduced measures aimed at having local inspectors provide inspection Packet Pg. 231 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 28 for building types outside existing responsibilities without additional resources provided to conduct this work. Therefore, the City supports the following policy statements: 1. Financially compensate jurisdictions or agencies for additional work of inspectors through fees or other means. 2. Give local governments choices in accepting additional inspection work. 3. Allow local governments to determine the time needed to conduct development review and inspection timelines. PLANNING AND LAND USE Effective local land use planning and land development regulation contributes to the quality of life enjoyed primarily by Fort Collins residents, yet shared regionally within Larimer County. State legislation can influence local governments’ ability to develop and implement land use plans for their communities. Therefore, the City supports the following policy statements: 1. Require regional cooperation in land use and transportation planning, and foster sustainable development, without unduly constraining the City’s home rule powers. 2. Prohibit the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 3. Limit the definition of a compensable taking and/or the definition of vested property rights beyond the provisions of existing law. 4. Retain local government authority to impose development impact fees. 5. Increase cities’ ability to regulate industrial land uses like oil and gas exploration and extraction. 6. Foster equitable public housing policies that balance protection of tenants and landlords. Packet Pg. 232 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 29 SOCIAL SUSTAINABILITY Fort Collins has implemented a triple-bottom line-oriented Sustainability Service Area in an effort to ensure community resources are allocated by considering equally human, environmental and economic benefits. Social Sustainability is the practice of ensuring healthy social systems so that people in our community can thrive. We do this through programs, policies, and partnerships that provide equity and opportunities for all. Therefore the City supports the following policy statements: 1. Maintain or increase the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Adequately fund K-12 and public post-secondary institutions to ensure opportunity for youth. 3. Provide funding for before and after school programs and school out days aimed at at-risk populations and low- to moderate-income households. 4. Enhance neighbor relations by improving the resources available to community mediation and restorative justice programs. 5. Provide communities with resources to address chronic homelessness. 6. Provide reasonable accommodation and expand access for special populations, including individuals with disabilities, seniors, at-risk youth, people with mental health needs, and households needing affordable childcare. URBAN AGRICULTURE In 2011, City Plan, our community's comprehensive plan, was updated and contained four goals related to local food production. Staff has worked to align our policies and regulations with the goals outlined in our comprehensive plan. We have updated the Land Use Code to permit urban agriculture in all zone districts, allow farmers markets in more zone districts, allow a greater number and types of animals to be raised, and exempted hoop houses from the building permit process in order to facilitate year-round production. The City has also been an active participant in the Northern Colorado Food Cluster which convenes stakeholders to advance local food initiatives. Locally grown food is a critical step towards a more sustainable community. Therefore the City supports the following policy statements: 1. Provide options for urban farmers to have longer-term access to the land required for food production. Packet Pg. 233 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 30 2. Provide all citizens access to healthy foods. 3. Address supply chain needs to support urban farmers. 4. Diversify the production, consumption and distribution of local food products. 5. Adopt food production practices that support innovative and efficient irrigation practices. Safe Community Strategic Outcome Provide a safe place to live, work, learn and play Strategic Objectives 1. Provide facilities and training capabilities to support a high caliber police force. 2. Optimize the use of technology to drive efficiency, productivity and customer service. 3. Align staffing levels to deliver services that meet community expectations and needs, and increase public safety operational efficiency. 4. Protect life and property with natural, aesthetically pleasing flood mitigation facilities through building codes and development regulations. 5. Develop and implement emergency preparation, response and recovery plans across the organization in collaboration with other community efforts. 6. Improve safety for all modes of travel including vehicular, pedestrian and bicycles. 7. Use data to focus police efforts on reducing crime and disorder within the community. 8. Improve community involvement, education and regional partnerships to make our community safer and stronger. 9. Partner with Poudre Fire Authority to provide fire and emergency services. 10. Provide a high-quality, sustainable water supply that meets or exceeds all public health standards and supports a healthy and safe community. FIRE PROTECTION The Fort Collins City Council recognizes the critical importance of maintaining a safe environment and protecting the lives and property of the citizens of Fort Collins. Therefore the City supports the following policy statements: Packet Pg. 234 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 31 1. Institute a State fire code, the code of choice being the 2012 International Building and Fire Code, and allow municipalities to adopt their own amendments. 2. Reject limits to local enforcement of the International Fire Code as adopted with local amendments, or imposing inspection requirements or preventing collection of permit or inspection fees as required by the local jurisdiction. 3. Enhance life safety and property protection through installation of fire protection systems in structures when appropriate. 4. Strengthen the City’s ability to prohibit the use and sale of fireworks and allow counties and fire districts to prohibit and otherwise control fireworks. 5. Promote fire safety, education and prevention with the goal of reducing injury, loss of life and property damage. 6. Allow local jurisdictions to implement open burning restrictions. HAZARDOUS MATERIALS MANAGEMENT It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City supports the following policy statements: 1. Allow the City to continue controlling risks from hazardous materials use, storage and transportation through the International Building and Fire Code and related local amendments. 2. Allow Fort Collins to adopt local regulations for hazardous materials, including review and approval of the location of facilities that use or store hazardous materials or hazardous waste. 3. Strengthen the enforcement of hazardous materials regulations. 4. Strengthen the diversion of hazardous waste from landfills. 5. Establish greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos containing soils while maintaining responsible site management practices. 6. Prevent and penalize improper storage and disposal of hazardous or exploration and production (E&P) wastes from oil and gas operations within municipal boundaries. Packet Pg. 235 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 32 7. Preserve community safety by ensuring emergency responders have all available information needed to effectively address disasters and maintain public well- being. 8. Ensure hazardous materials are not stored or used within the 100-year floodplain. MARIJUANA In 2012, Colorado voters approved Amendment 64 which legalizes the possession of adult-use or recreational marijuana in the state. During the same election Fort Collins residents voted to approve the use of medical marijuana within the City. Federal law maintains that marijuana is a schedule 1 drug and, as such, can neither be possessed and used nor researched. Therefore, the City supports the following policy statements: 1. Regulate medical and retail marijuana manufacture, distribution and dispensaries. 2. Clarify the implementation and local rights and responsibilities related to Amendment 64. 3. Clarify and align federal marijuana law with the Colorado Constitution. 4. Protect communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 5. Prevent under-21 access to marijuana. 6. Clarify the rights of individuals, landlords and homeowner associations in limiting or preventing growing or consuming marijuana in multi-family dwellings. 7. Provide additional state marijuana enforcement resources, especially for field enforcement. 8. Limit THC content per serving size and restrict packaging to a single serving. PUBLIC SAFETY The Fort Collins City Council recognizes the critical importance of maintaining public order, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins. Packet Pg. 236 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 33 Therefore, the City supports the following policy statements: 1. Develop treatment and intervention programs, especially for youth, which have the potential to reduce incidents of violence in the community. 2. Provide greater protection to victims of crime. 3. Maintain or enhance the City’s right to use camera enforcement of traffic laws, reduces operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 4. Establish protocols and funding for shared, statewide emergency response communications. 5. Reject initiatives that have the potential to compromise officer safety. 6. Establish minimum training criteria and professional mediator certification that formally legitimizes the field of Alternative Dispute Resolution (ADR). 7. Regulate the use of cell phones by a motorist while operating a vehicle. 8. Preserve or increase funding for treatment of mental illness and substance abuse disorders. 9. Maintain or enhance a statewide database of concealed weapons permits. 10. Seek to reduce community flood risks. 11. Reduce cities’ liability for prisoners’ self-inflicted wounds while in police custody or detention facility. 12. Restrict access to illegal substances. 13. Require greater producer responsibility such as “take back” for prescription drugs to avoid these substances being abused or being disposed of into the water supply. 14. Clarify the qualifications for what types and purposes a business may obtain and use a state liquor license. 15. Define what qualifies as a “meal” when calculating the percentage of meals served for a liquor license. 16. Increasing state, regional and local disaster resilience. Packet Pg. 237 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 34 Transportation Strategic Outcome Provide for safe & reliable multi-modal travel to, from, and throughout the city Strategic Objectives 1. Improve safety of all modes of travel. 2. Improve transit availability and grow ridership through extended hours, improved headways, and Sunday service in appropriate activity centers. 3. Fill the gaps for all modes of travel and improve the current transportation infrastructure while enhancing the aesthetic environment. 4. Improve traffic flow for all modes of transporting people, goods and information to benefit both individuals and the business community. 5. Create and implement long-term transportation planning and help local and regional transportation networks operate at a high level of efficiency, including the airport. 6. Support efforts to achieve climate action goals by reducing mobile emissions and supporting multiple modes of transportation. 7. Create and implement planning, engineering and financial strategies to address adequate infrastructure within the northeast area of Fort Collins. TRANSPORTATION The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of alternative transportation whenever appropriate. Therefore, the City supports the following policies: 1. Facilitate cooperative programs among government agencies in order to help the City meet its basic transportation needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians. 2. Reject reductions to the present allocation formula of 60% state, 22% counties, and 18% municipalities for Highway User Tax Fund (HUTF) or any appropriations from the State using the same formula. 3. Explore and analyze alternative funding methods to meet transportation infrastructure needs. 4. Fund analysis and implementation of inter- and intra-regional transit linkages, including future commuter rail connectivity. Packet Pg. 238 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 35 5. Facilitate regional planning for various modes of transportation with the goal of providing practical solutions to reduce reliance on single occupant vehicles. 6. Encourage flexibility in federal funding and regulations in order to better meet the needs of small to medium size communities. 7. Encourage or incent location of affordable housing near transit for greatest accessibility. 8. Preserve the guaranteed levels of federal funding for transportation and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 9. Broaden the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 10. Increase local governments’ ability to prevent railroad trains from blocking street and highway grade crossings for unreasonable periods. 11. Facilitate the implementation of railroad quiet zones in municipalities and reduce train horn decibel and duration requirements in existing federal rule. 12. Reject divesting key highway roads in urban areas from the State and make them the sole responsibility of local jurisdictions. 13. Maintain safe operation of railroads through timely track inspections, joint training and communication between railroad and emergency personnel and the use of safe equipment. Packet Pg. 239 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) 36 CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Councilmember Wade Troxell District 4 wtroxell@fcgov.com Councilmember Lisa Poppaw District 2 lpoppaw@fcgov.com Councilmember Ross Cunniff District 5 rcunniff@fcgov.com Wendy Williams Assistant City Manager wwilliams@fcgov.com Carrie Daggett Interim City Attorney cdaggett@fcgov.com Dan Weinheimer Legislative Policy Manager dweinheimer@fcgov.com Legislative Staff Liaison Members Topic Area Name Title Email Affordable Housing and Social Sustainability Beth Sowder Interim Social Sustainability Director bsowder@fcgov.com Air Quality Melissa Hovey Senior Environmental Planner mhovey@fcgov.com Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com Climate and Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com Elections, Liquor Licensing, Medical Marijuana Licensing Wanda Nelson City Clerk wnelson@fcgov.com Cultural Services, Parks and Recreation J.R. Schnelzer Director of Parks jrschnelzer@fcgov.com Energy Steve Catanach Light and Power Operations Manager scatanach@fcgov.com Finance Michael Beckstead Chief Financial Officer mbeckstead@fcgov.com Economic Health Josh Birks Economic Health Director jbirks@fcgov.com Fire Protection and Hazardous Materials Management Bob Poncelow Division Chief, Poudre Fire Authority bponcelow@poudre- fire.org 37 Legal Carrie Daggett Interim City Attorney cdaggett@fcgov.com Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Resources Director jstokes@fcgov.com Neighborhood and Building Services Mike Gebo Chief Building Official mgebo@fcgov.com Planning and Land Use Laurie Kadrich Community Development and Neighborhood Services Director lkadrich@fcgov.com Public Safety Cory Christensen Deputy Chief cchristensen@fcgov.com Recycling and Solid Waste Susie Gordon Senior Environmental Planner sgordon@fcgov.com Risk Management Lance Murray Risk Manager lmurray@fcgov.com Stormwater Jon Haukaas Water Engineering Field Operations Manager jhaukaas@fcgov.com Transportation Mark Jackson Planning, Development and Transportation Deputy Director mjackson@fcgov.com Utilities Customer Service Lisa Rosintoski Utility Customer Connections Manager lrosintoski@fcgov.com Water Supply and Quality Carol Webb Interim Water Resources and Treatment Operations Manager cwebb@fcgov.com Packet Pg. 241 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Resolution 2014-105 Amending the Board and Commission Manual Concerning Periodic Reviews. EXECUTIVE SUMMARY The purpose of this item is to amend the Board and Commission Manual by adopting a new Periodic Review Schedule. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Discussions regarding improving the Board and Commission system began with Plan Fort Collins and the City Council’s 2011-2012 Work Plan. Since then, the following efforts have taken place:  During February and April 2012, staff met with 30 boards and commissions chairs and vice-chairs and 20 staff liaisons to review the current program. Feedback regarding communication between boards and Council, goal alignment, City Council Liaisons, recruitment and selection of members, training, and funding/budget process improvements were discussed.  The Futures Committee addressed the boards and commissions system as a whole at its meeting on August 13, 2012. Specifically, communication, goal alignment, the role of Council Liaisons, recruitment, training, and funding were considered.  A meeting was held on October 29, 2012 with boards and commissions chairpersons and staff liaisons to discuss recommendations from the Futures Committee.  The Women’s Commission held a breakfast meeting on May 22, 2013 to provide an opportunity for board and commission chairpersons to share about upcoming projects and discuss ways to better connect with other boards and commissions.  On June 10, 2013, staff updated the Futures Committee on actions taken related to boards and commissions structure improvements. Staff requested feedback regarding the alignment of the Council’s and boards and commissions’ Work Plans, training opportunities for members and City staff, and future structural models and their relationship to city councils.  A conversation was held in November 2013 at the City Council retreat to discuss the alignment of boards and commissions with the seven Key Outcome Areas, as the matrix demonstrates (attached as Exhibit A to the Resolution).  Over 90 board and commission members attended a meeting on February 24, 2014 to discuss improvements to the board and commission system, learn about their alignment with Council Packet Pg. 242 Agenda Item 15 Item # 15 Page 2 priorities. The members and concluded that aligning board and commission work plans and goals with key outcomes was an important element to improving the system.  A meeting with board and commission chairs and vice chairs was held on May 28, 2014 to discuss the City’s Strategic Plan and how the seven key Outcome Areas can be incorporated into board and commission Work Plans.  Through staff liaisons, feedback has been received from board and commission members regarding their alignment to the seven key Outcome Areas and the matrix has been updated with their suggestions. The Leadership Team, while reviewing the Six-Month Agenda Planning Calendar, has requested that the Periodic Board and Commission Review Schedule be amended so that reviews are held according to Outcome Area, with Community and Neighborhood Livability being the first to be reviewed. As noted in Resolution 2014-105, the following schedule permits each board and commission to be reviewed every four years: 2015 Community and Neighborhood Livability 2016 Culture and Recreation, Transportation 2017 Economic Health, Safe Community 2018 Environmental Health, High Performing Government To summarize, the benefits of adopting a new Periodic Review Schedule include: 1. Clear alignment of boards and commissions to the Key Outcome Areas; 2. Review of boards and commissions every four years (rather than the current practice of six years); 3. Outreach by staff to boards and commissions on a particular project or policy will occur according to the respective Outcome Area. Packet Pg. 243 - 1 - RESOLUTION 2014-105 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE BOARD AND COMMISSION MANUAL CONCERNING PERIODIC REVIEWS WHEREAS, the City Council has created several boards and commissions whose members are appointed by the City Council; and WHEREAS, the City Clerk’s Office annually prepares a manual (hereafter referred to as the “Manual”) for members of boards and commissions that includes general information such as board and commission membership lists, conflict of interest guidelines, general information regarding attendance policies and a description of the City Council’s periodic review of the boards and commissions; and WHEREAS, the City Council first adopted the Manual by resolution in 1990 and has since adopted many revisions to the Manual on numerous occasions; and WHEREAS, Plan Fort Collins and City Council’s 2011-2012 Work Plan included a project to “convene a representative group of boards and commissions members to assess and suggest improvements to the boards and commissions processes;” and WHEREAS, in February and April of 2012, staff met with board and commission chairs, vice-chairs and staff liaisons to review the current processes; and WHEREAS, staff gathered feedback regarding communication between boards and City Council, goal alignment, City Council liaisons, recruitment and selection of members, training, and funding/budget process improvements; and WHEREAS, the Futures Committee addressed the board and commission system in August 2012, June 2013, and January 2014 and decided to recommend to the City Council that boards and commissions be more aligned with City Council policies and programs; and WHEREAS, a meeting was held on October 29, 2012, with board and commission chairs and staff liaisons to discuss the August 2012 Futures Committee recommendations; and WHEREAS, staff created a matrix (“the Matrix”) shown in Exhibit “A”, attached hereto and incorporated herein by this reference, describing the alignment of boards and commissions to seven key outcome areas used in the City’s budgeting process (“Outcome Areas”) and the Matrix was discussed by City Council during a November 2013 Council Retreat; and WHEREAS, over 90 board and commission members attended a meeting on February 24, 2014, to discuss improvements to the board and commission system and learn about the Matrix, and they provided feedback indicating that aligning board and commission work plans and goals with the Outcome Areas was an important element to ensuring that the boards and commission are aligned with City Council policies and programs; and Packet Pg. 244 - 2 - WHEREAS, since May 2014, staff has gathered feedback from board and commission members, through their respective staff liaisons and officers, regarding their alignment to the seven key Outcome Areas as described in the Matrix; and WHEREAS, the Board and Commission Manual outlines the schedule that City Council uses to periodically review the Boards and Commissions; and WHEREAS, the City Clerk has received feedback from individual Councilmembers regarding amendments to the periodic review questionnaire found at pages 17 and 18 of the Manual and the Clerk has incorporated those suggested revisions into the Boards and Commissions Periodic Review Questionnaire (the “Questionnaire”) shown in Exhibit “B”, attached hereto and incorporated herein by the reference; and WHEREAS, the City Council desires to amend the Periodic Review Schedule contained in the Manual so that periodic reviews are conducted every four years on a rotating schedule according to Outcome Area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council adopts and approves the Matrix describing each board and commission’s assignment to an Outcome Area. The Matrix is incorporated into the Manual as an appendix. Boards and commissions will be reviewed by their largest connection to an Outcome Area, as described on the Matrix. Section 2. That the provisions relating to Periodic Review and Periodic Review Schedule, contained on pages 14, 15 and 16 of the Manual dated June 2014, are hereby deleted and replaced with the following: Periodic Review The City Council will conduct a periodic review for all boards and commissions. The initial review dates will be staggered, and thereafter each board or commission will be reviewed every four years according to its primary alignment with a Key Outcome Area, as outlined in the matrix found at Appendix A of this manual. A review schedule is provided at the end of this section. The City Council will conduct reviews annually at a work session prior to the annual recruitment process in the Fall. Prior to Council’s review, each board or commission scheduled for review in that calendar year will prepare a periodic review self-assessment questionnaire (“Questionnaire”) which staff will provide to the Council as part of its work session materials. The periodic review questions are included in the Questionnaire at the end of this section. Packet Pg. 245 - 3 - The City Clerk’s Office will send the Questionnaire to the staff liaison of each board or commission, along with a schedule indicating the submission deadline and date of Council’s work session. Council requests that the chair and vice chair (or designees) of each board being reviewed attend the work session to answer questions; however, the Council’s review is not intended as a dialogue with the board. At the work session, Council review will consist of the following questions: # What does the board do? (Current functions) # Does the City need a board that does this? # If so, should any of the duties of the board be changed? # Can any of the duties of this board be consolidated with another board? # Is the size of the board appropriate? # Is the work done by the board beneficial and useful to the Council? The discussion at the work session will assist the Council in determining whether it should: # Continue the board without alteration of duties or composition. # Continue the board with amendment to duties and/or composition. # Eliminate the board and its duties. # Eliminate the board and transfer of some or all duties to other existing board(s). The work session will conclude either with (a) a statement that the board should continue without alteration, or (b) direction to staff to prepare legislation making any changes (number of members, duties, etc.). Periodic Review Schedule: 2015 Community and Neighborhood Livability  Affordable Housing Board, Commission on Disability, Community Development Block Grant Commission, Human Relations Commission, Landmark Preservation Commission, Senior Advisory Board, Women’s Commission, Zoning Board of Appeals 2016 Culture and Recreation, Transportation  Cultural Resources Board, Golf Board, Parks and Recreation Board, Youth Advisory Board, Transportation Board 2017 Economic Health, Safe Community  Art in Public Places Board, Building Review Board, Citizen Review Board, Economic Advisory Commission, Parking Advisory Board, Planning and Zoning Board 2018 Environmental Health, High Performing Government Packet Pg. 246 - 4 -  Air Quality Advisory Board, Energy Board, Land Conservation Stewardship Board, Natural Resources Advisory Board, Retirement Committee, Water Board Section 3. That the provisions relating to the boards and commissions Questionnaire, contained on pages 17 and 18 of the Manual dated June 2014, are hereby amended to read as shown on the Questionnaire, Exhibit “B”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of November, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 247 Boards and Commissions Alignment to the Seven Key Outcome Areas Community and Neighborhood Livability Culture and Recreation Economic Health Environmental Health High Performing Government Safe Community Transportation Affordable Housing Board Cultural Resources Board Art in Public Places Board Air Quality Advisory Board Retirement Committee Citizen Review Board Transportation Board Commission on Disability Golf Board Building Review Board Energy Board Community Development Block Grant Commission Building Review Board Air Quality Advisory Board Community Development Block Grant Commission Parks and Recreation Board Economic Advisory Commission Land Conservation Stewardship Board Zoning Board of Appeals Human Relations Commission Commission on Disability Human Relations Commission Youth Advisory Board Parking Advisory Board Natural Resources Advisory Board Citizen Review Board Water Board Senior Advisory Board Landmark Preservation Commission Land Conservation Stewardship Board Planning and Zoning Board Water Board Human Relations Commission Women’s Commission Affordable Housing Board Senior Advisory Board Natural Resources Advisory Board Affordable Housing Board Parks and Recreation Board Youth Advisory Board Natural Resources Advisory Board Women’s Commission Art in Public Places Board Cultural Resources Board Building Review Board Commission on Disability Parking Advisory Board Zoning Board of Appeals Landmark Preservation Commission Landmark Preservation Commission Energy Board Youth Advisory Board Art in Public Places Board Transportation Board Planning and Zoning Board Transportation Board Citizen Review Board Zoning Board of Appeals Zoning Board of Appeals Economic Advisory BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE BOARD/ COMMISSION NAME: DATE PREPARED: LIST OF MEMBERS: 1. Chair 7. 2. Vice Chair 8. 3. 9. 4. 10. 5. 11. 6. 12. 1. Please indicate the Key Outcome Areas this Board/Commission is aligned with, using (1) for the primary connection, (2) for second largest connection, and (3) for third connection: Community and Neighborhood Livability Culture and Recreation Economic Health Environmental Health High Performing Government Safe Community Transportation 2. How do the current duties of the board, as defined by City Code, align with the Key Outcome Areas identified above? What duties would you suggest be added and/or deleted? 3. Regarding the board’s annual Work Plan: A. How is the Work Plan aligned with the Key Outcome(s) identified above? B. How is the Work Plan aligned with the City’s Strategic Plan? DRAFT EXHIBIT B Packet Pg. 249 Attachment2: Exhibit B (2616 : Amending Boards and Commission Manual RESO) C. How is the Work Plan aligned with the Agenda Planning Calendar (Six Month Calendar)? D. Does the board effectively accomplish its annual Work Plan? 4. Are board meetings conducted in an effective manner (do the meetings start on time? Are discussions focused around the agenda topic, etc.)? What could be done to improve board meetings? 5. Is the current size of the board appropriate? If not, what suggestions would you make? 6. Please describe the effectiveness of the communications between the board and Council. What could be done to improve these communications? 7. Other comments: Attachments: a. City Code description of duties b. Current Work Plan c. Current Annual Report d. Current Bylaws Packet Pg. 250 Attachment2: Exhibit B (2616 : Amending Boards and Commission Manual RESO) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Sharon Thomas, CDBG/HOME Program Administrator Beth Sowder, Neighborhood Services Manager SUBJECT Items Relating to the Completion of the 2014 Fall Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal HOME Investment Partnership Program (HOME) and the City’s Affordable Housing Fund (AHF). EXECUTIVE SUMMARY A. Public Hearing and Resolution 2014-101 Approving the Programs and Projects that Will Receive Funds from the Home Investment Partnership Program and the City’s Affordable Housing Fund. B. Public Hearing and First Reading of Ordinance No. 167, 2014, Appropriating Unanticipated Revenue in the Home Investment Partnership Program Fund. The purpose of this item is to approve the funding of the 2014 Fall Cycle of the Competitive Process. Resolution 2014-101 will complete the 2014 Fall Cycle of the Competitive Process for allocating $816,741 in City financial resources to affordable housing projects and the administration of the HOME program that began October 1, 2014. Ordinance No. 167, 2014 appropriates HOME Program Income received between April 1, 2014 and September 30, 2014 for affordable housing and planning/administration uses. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Resolution 2014-101 establishes which programs and projects will receive funding with HOME and AHF funds for the FY2014 program year that began October 1, 2014. The FY2014 HOME grant is $539,698. During the 2014 spring funding cycle $140,131 was allocated to a housing project, Habitat for Humanity, and $53,969 for Planning and Administration. The remaining HOME funds of $345,598 are available for allocation in the fall funding cycle. HUD requires that 15%, or $80,954, of the grant be set aside for funding for Community Housing Development Organizations (CHDOs) which leaves $264,644 for housing projects. Currently there are no certified CHDOs in Fort Collins so the CHDO funds are not being allocated at this time. HOME Program Income received between April 1, 2014 and September 30, 2014 totals $158,096. Of that, $143,311 is for affordable housing projects and $14,785 is for planning and administration. The City’s General Fund contributes $313,047 of AHF dollars to the fall cycle of the Competitive Process. The following table summarizes the total funding amounts and sources of available HOME and AHF funds for distribution in the housing and planning/administration categories during the FY2014 Fall Cycle of the Competitive Process: Packet Pg. 251 Agenda Item 16 Item # 16 Page 2 Available Funding for Housing and Planning/Administration in 2014 Fall Cycle Funding Source Funding Amount Planning & Administration Housing HOME FY2014 Grant (remaining) $264,644 $0 $264,644 HOME CHDO 15% Set-Aside $80,954 $0 $80,954 HOME Program Income (4/1 through 9/30) $158,096 $14,785 $143,311 Affordable Housing Fund $313,047 $0 $313,047 Total Available Funding $816,741 $14,785 $801,956 HOME Funds are typically approved in the spring cycle and allocated during the fall funding cycle. This year $140,131 of the FY2014 HOME Grant was allocated to Habitat for Humanity to complete their funding request of $700,000. The remaining grant portion for housing, $345,598, is available for allocation in this fall cycle. The City received six applications for affordable housing projects/programs with a total request of $2,007,792. Application requests were $1,176,266 more than available housing funding of $801,956. FINANCIAL / ECONOMIC IMPACTS The Home Investment Partnership (HOME) Program provides federal funds from the Department of Housing and Urban Development (HUD) to the City of Fort Collins which can be allocated to housing related programs and projects, thereby reducing the demand on the City’s General Fund budget to address such needs. The General Fund contributes dollars for affordable housing projects through the Affordable Housing Fund. The funds provided by the City to housing programs and projects leverage millions of dollars in funding from other sources. Through the provision of affordable housing, more of Fort Collins’ workforce can reside within the community. This creates an available labor pool within the city, which helps maintain economic sustainability. ENVIRONMENTAL IMPACTS Affordable housing programs help provide for a healthy environment. By offering affordable housing options for lower income people, more of Fort Collins’ workforce can live in the community rather than living outside city limits and commuting to the city for work. In addition, many affordable housing projects are located within close proximity to City bus routes. This helps reduce traffic congestion and vehicle miles traveled, thereby reducing pollution and improving air quality. Affordable housing developers, including for-profit and non-profit agencies, are utilizing green building practices in both new construction and major rehabilitation of existing housing unit projects. These practices include geo-thermal applications and other energy saving techniques. All affordable housing projects utilizing HOME funds are required to pass a HUD Environmental Review, which covers such items as noise impacts, floodplains, hazardous materials, etc. BOARD / COMMISSION RECOMMENDATION The Community Development Block Grant (CDBG) Commission presents recommendations on which programs and projects should receive funding from the available funding sources presented above. Of the six proposals received the recommendation is to fully fund two proposals, partially fund one, and provide zero funding for the remaining three proposals. The following table shows the allocations recommended by the Commission to City Council. Packet Pg. 252 Agenda Item 16 Item # 16 Page 3 Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CARE Housing: Uniform Federal Accessibility Standards (UFAS) Accessibility $127,356 $0 $127,356 0% Fort Collins Housing Authority: Administrative Fee for the Community Dual Disorders Treatment (CDDT) Program $26,449 $0 $26,449 0% Fort Collins Housing Authority: Tenant Based Rental Assistance for CDDT $225,730 $0 $225,730 0% Fort Collins Housing Authority: Village on Redwood: A Vibrant, Sustainable Community $1,500,000 $592,745 $907,255 40% Loveland Housing Development Corp: Larimer Home Improvement Program (LHIP) $85,000 $85,000 $0 100% Neighbor to Neighbor: Coachlight Plaza Windows Phase 2 $43,257 $43,257 $0 100% Housing Total $2,007,792 $721,002 $1,286,790 The justifications for the CDBG Commission’s recommendations can be found in the minutes from the October 16, 2014 meeting (not yet approved by the CDBG Commission), submitted here as Attachment 3. PUBLIC OUTREACH HUD regulations require a 30-day public comment period on the proposed allocation of HOME funds as recommended by the CDBG Commission. Staff placed an ad in the Coloradoan on October 20, 2014, presenting the list of recommended funding for programs/projects, and indicated the public comment period would run from October 21, 2014-November 18, 2014. Additionally, the public notice announcing funding recommendations was placed on the Social Sustainability Department’s website and distributed to 12 entities serving a majority of clients in legally protected classes-including those in a racial/ethnic minority, those with a disability, or female heads of household-or serving those community members who might otherwise have barriers to public participation in the City’s civic engagement processes. To date no public comments have been received. ATTACHMENTS 1. Background Summary of Recommendations Fall 2014 (PDF) 2. Affordable Housing Board 2014 Priority Rankings (PDF) 3. CDBG Commission minutes, October 16, 2014 (PDF) 4. Powerpoint presentation (PDF) Packet Pg. 253 Attachment 1 Background and Summary of CDBG Commission’s Recommendations for Funding At the November 18, 2014, regular City Council Meeting, the Council will be conducting a public hearing and considering the adoption of a Resolution establishing which programs and projects will receive funding in the fall Competitive Process. Available funding comes from the HOME Investment Partnership (HOME) grant and the City’s Affordable Housing Fund (AHF) for the FY 2014 program year, which began on October 1, 2014 and HOME Program Income received between April 1, 2014 and September 30, 2014. The Resolution establishing which programs and projects will receive funds represents the culmination of the fall cycle of the Competitive Process. The City’s Competitive Process funding was approved in January 2000 by Council for the allocation of the City’s financial resources to affordable housing programs/projects and community development activities. The HOME Program is an ongoing grant administration program funded by the Department of Housing and Urban Development (HUD). The City of Fort Collins has received HOME Program funds since 1995. The City is a Participating Jurisdiction (PJ) recipient of HOME funds, meaning the City is guaranteed a certain level of funding each year. The level of funding is dependent upon the total amount of funds allocated to the program by Congress and on a formula developed by HUD comprised of several measures of community need, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas. The City’s Affordable Housing Fund (AHF) was established in 2000 to supplement federal funding from the Community Development Block Grant (CDBG) and HOME programs. One purpose of the AHF was to have a source of funding free of federal rules and regulations. Funding awarded to programs targets households in Fort Collins whose incomes are at or below 80% of Area Median Income (AMI). Those monies help fill other funding gaps and lower the cost of housing and other basic services for Fort Collins citizens who are most vulnerable and in need. By empowering and stabilizing families, these funds strengthen and improve the fundamental building blocks of Fort Collins: its neighborhoods. AVAILABLE FUNDS The FY2014 HOME grant is $539,698; during the 2014 spring funding cycle $140,131 was allocated to a housing project, Habitat for Humanity, and $53,969 for Planning and Administration. The remaining HOME funds of $345,598 are available for allocation in the fall funding cycle. HUD requires that 15%, or Packet Pg. 254 Attachment16.1: Background Summary of Recommendations Fall 2014 (2576 : 2014 Fall Competitive Process) 2 $80,954, of the grant be set-aside for funding for Community Housing Development Organizations (CHDOs) which leaves $264,644 for housing projects. Currently there are no certified CHDOs in Fort Collins so the CHDO funds are not being allocated at this time. HOME Program Income received between April 1, 2014 and September 30, 2014 totals $158,096, of that $143,311 is for affordable housing projects and $14,785 is for planning and administration. The City’s General Fund contributes $313,047 of AHF dollars to the fall cycle of the Competitive Process. The following table summarizes the amount and sources of all available HOME and City funds for distribution during the 2014 fall cycle of the Competitive Process: Available Funding AMOUNT FUNDING SOURCE $ 345,598 FY2014 HOME Participating Jurisdiction Grant (remaining) $ 158,096 FY2014 HOME Program Income* (April 1 – September 30) $ 313,047 FY2013 Affordable Housing Fund $ 816,741 Total Available Funding * Program Income includes repayments from rehabilitation loans and home buyer assistance loans, along with repayments from development and acquisition loans. SELECTION PROCESS The Social Sustainability Department solicited requests for housing and community development projects in June 2014. This was accomplished by placing a legal advertisement in a local newspaper, sending notices via email to potential applicants, posting to the Social Sustainability web site and distributing to four partner agencies for posting. The process for the City's FY2014 fall cycle of the Competitive Process began on July 8, 2014, when the applications became available. The Competitive Process utilizes a web-based application through ZoomGrants. Applications were due Thursday, August 21, 2014. At the close of the deadline the City had received 6 proposals requesting over $2 million in funding. On September 4, 2014, all applications were made available to the CDBG Commission and the Affordable Housing Board for review. On Thursday, September 25 the Commission met to hear presentations and ask clarification questions from each applicant. At the Affordable Housing Board’s regular meeting held on Thursday, October 2, 2014 the board voted to recommend to the CDBG Commission a priority ranking of the six affordable housing proposals (see Attachment 2). The priority ranking was presented to the CDBG Commission at the beginning of the Thursday, October 16 meeting. Packet Pg. 255 Attachment16.1: Background Summary of Recommendations Fall 2014 (2576 : 2014 Fall Competitive Process) 3 On Thursday, October 16 the Commission met for the purpose of preparing a recommendation to City Council as to which programs and projects should be funded. At this meeting the Commission reviewed the written applications, the applicant's verbal presentations, and the information provided during the question and answer session. The Commission also considered the funding guidelines contained in the Affordable Housing Strategic Plan 2010-2014 adopted by Council in July 2010. Based on the most significant affordable housing need, four goals have been identified and prioritized as: 1) Increase the inventory of affordable rental housing units 2) Preserve existing affordable housing units 3) Increase housing and facilities for people with special needs 4) Provide financial assistance for first-time homebuyers The Commission then worked on the formulation of its list of recommendations. The draft minutes from the October 16, 2014 meeting are included as Attachment 3. These minutes will be approved at the November 13, 2014 CDBG Commission regular meeting. CDBG COMMISSION'S LIST OF RECOMMENDATIONS Listed below is a summary of each applicant's initial request for funding and the Commission's list of recommendations. Affordable Housing Category Applicant Project / Program Funding Request Commission’s Recommendation Unfunded Balance Percent of Request Funded HO-1 CARE Housing: Uniform Federal Accessibility Standards (UFAS) Accessibility $127,356 $0 $127,356 0% HO-2 Fort Collins Housing Authority: Administrative Fee for CDDT $26,449 $0 $26,449 0% HO-3 Fort Collins Housing Authority: Tenant Based Rental Assistance for CDDT $225,730 $0 $225,730 0% HO-4 Fort Collins Housing Authority: Village on Redwood: A Vibrant, Sustainable Community $1,500,000 $592,745 $907,255 40% HO-5 Loveland Housing Development Corp: Larimer Home Improvement $85,000 4 Program (LHIP) HO-6 Neighbor to Neighbor: Coachlight Plaza Window Phase 2 $43,257 $43,257 $0 100% Housing Total $2,007,792 $721,002 $1,286,790 36% All funding recommendations in the Affordable Housing category are in the form of a “Due on Sale Loan + 5% Simple Interest” unless noted as a grant. AFFORDABLE HOUSING and PUBLIC FACILITY APPLICATIONS HO-1 CARE Housing: Uniform Federal Accessibility Standards (UFAS) Accessibility Request: $127,356 Recommendation: $0 Percentage: 0% CARE Housing requested $127,356 for the necessary construction costs related to retrofit 5% of their units as accessible in compliance with the Uniform Federal Accessibility Standards (UFAS). This requirement is the result of a Fair Housing Equal Opportunity (FHEO) compliance monitoring performed by HUD in the spring of 2013. As a result of the findings of the monitoring, and a mandatory evaluation of all its properties, CARE Housing entered into a Voluntary Compliance Agreement (VCA) with FHEO in June 2013. CARE Housing agreed to make all necessary repairs and modifications within two years of the signing of the agreement. HO-2 Fort Collins Housing Authority: Administrative Fee for CDDT Request: $26,449 Recommendation: $0 Percentage: 0% The Fort Collins Housing Authority requested $26,449 for housing assistance administration that supports the currently requested Tenant Based Rental Assistance funds for the Community Dual Disorders Team (CDDT) treatment program participants. The housing eligibility, compliance, coaching, housing search, lease negotiations, housing retention and re-housing issues are among the functions of the administrative support. HO-3 Fort Collins Housing Authority: Tenant Based Rental Assistance for CDDT Request: $225,730 Recommendation: $0 Percentage: 0% As part of a the Community Dual Disorders Team’s (CDDT) collaborative service program, the Fort Collins Housing Authority submitted an application for the rental assistance component to support chronically homeless people. The $225,730 request would provide for 24 months of rental and deposit assistance for up to 15 individuals suffering from both severe mental illness and a severe substance abuse disorder. Packet Pg. 257 Attachment16.1: Background Summary of Recommendations Fall 2014 (2576 : 2014 Fall Competitive Process) 5 HO-4 Fort Collins Housing Authority: Village on Redwood: A Vibrant, Sustainable Community Request: $1,500,000 Recommendation: $592,745 Percentage: 40% This request from the Fort Collins Housing Authority for $1,500,000 is for development costs associated with the building of a new affordable rental housing community. Once built, Village on Redwood: A Vibrant Sustainable Community will provide 72 units of affordable rental housing to households with incomes between 0-60% Area Median Income (AMI). HO-5 Loveland Housing Development Corp: Larimer Home Improvement Program (LHIP) Request: $85,000 Recommendation: $85,000 Percentage: 100% This request from the Loveland Housing Authority is to provide funding for the Larimer Home Improvement Program (LHIP) which provides low- to no-interest loans for homeowners in the City Limits of Fort Collins to address health, safety, and energy efficient repairs to their homes. The program is available to families earning no more than 80% of the Area Median Income (AMI), but the average participant is closer to 50% AMI. The Emergency Funds Program provides a one- time-only grant of up to $1,000 to very low income families (50% or below of AMI) who have emergency repair needs (e.g., no hot water, leaking or burst pipes, dangerous electrical issues). HO-6 Neighbor to Neighbor: Coachlight Plaza Windows Phase 2 Request: $43,257 Recommendation: $43,257 Percentage: 100% This request is from the non-profit agency, Neighbor to Neighbor (N2N), for Phase II of its energy efficient upgrades to its largest affordable housing community, Coachlight Plaza apartments. Specifically, N2N is seeking to replace windows in approximately 34 units at the 68-unit complex. Summary Of the $801,956 available housing funds the CDBG Commission has recommended $721,002, be allocated to three housing projects. Since no certified CHDOs applied for funding this fall, the $80,954 CHDO set aside was not allocated. The City received a total of 6 housing proposals. The Commission has recommended that 2 of the proposals receive full funding, 1 proposal receive partial funding (40%), and 3 proposals receive no funding. HOME Program Income of $14,785 received between April 1 and September 30 of this year will be allocated to planning and administration of the HOME program. Packet Pg. 258 Attachment16.1: Background Summary of Recommendations Fall 2014 (2576 : 2014 Fall Competitive Process) $WWDFKPHQW Packet Pg. 259 Attachment16.2: Affordable Housing Board 2014 Priority Rankings (2576 : 2014 Fall Competitive Process) Packet Pg. 260 Attachment16.2: Affordable Housing Board 2014 Priority Rankings (2576 : 2014 Fall Competitive Process) Packet Pg. 261 Attachment16.2: Affordable Housing Board 2014 Priority Rankings (2576 : 2014 Fall Competitive Process) Attachment 3 COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION FUNDING DELIBERATIONS 215 N. MASON ST., FORT COLLINS OCT. 16, 2014 5:45 P.M. COMMISSION MEMBERS PRESENT: Anita Basham Holly Carroll Gordon Coombes Catherine Costlow Jamaal Curry Margaret Long Kay Rios Kristin Stephens COMMISSION MEMBERS ABSENT: Robert Browning STAFF PRESENT: Sharon Thomas; Janet Freeman; Beth Rosen; Bruce Hendee OTHERS PRESENT: Troy Jones, Tatiana Martin and Diana Cohn of the Affordable Housing Board; a half-dozen citizens; Kate Jeracki, Note Taker. The meeting was called to order by Vice Chair Gordon Coombes at 5:45 p.m. with a quorum present. The purpose of the meeting was to allocate funds requested during the 2014 Fall Cycle of the Competitive Process. The Commission deliberated six Housing requests and no Public Service requests. A total of $801,956 was available, with a 15 percent CHDO set aside of $80,954; none of the current projects were CHDO-eligible, so that amount could not be allocated in this funding cycle. Requests totaled $2,007,792. Representatives from the Affordable Housing Board presented their priority rankings of the requests before the Commission: 1. HO-4 Fort Collins Housing Authority: Village on Redwood - $1,500,000 2. HO-6 Neighbor to Neighbor: Coachlight Plaza Windows Phase 2 - $43,257 3. HO-3 Fort Collins Housing Authority: Tenant-Based Rental Assistance for CDDT - $225,730 4. HO-5 Loveland Housing Development Corp.: LHIP - $85,000 5. HO-1 CARE Housing: UFAS Accessibility - $127,356 6. HO-2 Fort Collins Housing Authority: Administrative Fees for CDDT Program - $26,449 Affordable Housing Board Chair Troy Jones said his members had a difficult time coming to consensus on many of the requests. They generally agreed on the first and last rankings; HO-6 was the least controversial and ranked second. He and the other board members in attendance agreed that the rest of the requests received individual rankings Packet Pg. 262 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 2 that varied greatly from member to member. While some felt strongly that HO-3 should be prioritized because it was making new rental units available, even if only temporarily, others questioned the amount of resources to be devoted to serving a relatively small number of people, for example. Jones also reviewed the City’s housing goals that his board used to evaluate each project and the point system used to determine the final priorities presented to the Commission. Acting Chair Coombes thanked the Affordable Housing Board for their thoughtful review and recommendations. He then opened commission deliberations at 6:08 p.m. Coombes and Sharon Thomas reviewed the process to be followed by the Commission and reminded observers they would not able to give input to the decision-making this evening. HO-1 CARE Housing: UFAS Accessibility -- $127,356 Anita Basham moved the Commission allocate zero funding to HO-1. The motion died for the lack of a second. Kay Rios moved to fully fund HO-1. The motion died for the lack of a second. Gordon Coombes moved to allocate zero funding for HO-1. Margaret Long seconded. Coombes said that with all the other requests before the Commission, there just wasn’t enough money to fund them all. Long agreed. Motion passed 7-1, with Kay Rios opposed. Zero funding approved. HO-2 Fort Collins Housing Authority: Administrative Fees for CDDT Program -- $26,449 Kay Rios moved the Commission allocate zero funding to HO-2; Holly Carroll seconded. Rios said she agreed with the Affordable Housing Board’s assessment that this is not a “bricks and sticks” request and not within the purview of the Commission. Carroll agreed, and suggested the Authority could find the money in its budget to support the program. Margaret Long also agreed. Rios added that it’s not that the project isn’t important, it’s that the Commission has to look at what is the best use of the taxpayers’ money. The motion was approved unanimously. Packet Pg. 263 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 3 Zero funding approved. HO-3 Fort Collins Housing Authority: Tenant-Based Rental Assistance for CDDT -- $225,730 Kay Rios moved to allocate zero funding to HO-3. The motion died for the lack of a second. Kay Rios again moved to allocate zero funding to HO-3. Catherine Costlow seconded. Rios said she understands the need for the services, but the Commission doesn’t have the money to fund the request. She was also concerned about the amount of resources that would be spent per person. Kristin Stephens pointed out that this is a very vulnerable population, and funding these services now could save spending money on other services on the chronically homeless in the future. Margaret Long agreed, saying those services can become very expensive if case management isn’t provided early. Services can have a multiplier effect. Holly Carroll agreed, saying it’s good to help people stay off the streets. Kay Rios said she understands the need, but she was looking at the overall impact of the program. Jamaal Curry agreed, pointing out that the Commission is very low on funds to allocate and the Commission needs to keep in mind what we can do with what we have. He asked which other projects the Commission could pull money from for this one. Kristin Stephens said she couldn’t recommend any, since the funding for the Village at Redwood was already a third of what is needed. Motion passed 4-3, with Gordon Coombes abstaining, Holly Carroll, Margaret Long and Anita Basham opposed. Zero funding approved. HO-4 Fort Collins Housing Authority: Village on Redwood -- $1,500,000 Catherine Costlow moved the Commission allocate partial funding in the amount of $673,699 to HO-4; Kristin Stephens seconded. Costlow said the project supports the City’s No. 1 goal of increasing the number of rental units, and there was good leverage of funds in the proposal. Stephens agreed, pointing out that this was the top priority of the Affordable Housing Board. Kay Rios agreed, pointing out that the project had received $720,000 in the last funding cycle. Packet Pg. 264 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 4 After clarification of funding sources by staff and the unavailability of the $80,954 CHDO set-aside, Costlow amended her motion to partially fund HO-4 in the amount of $592,745; Stephens accepted the amendment. The motion passed on a 4-3 vote, with Jaamal Curry abstaining, Kay Rios, Holly Carroll and Margaret Long opposed. Holly Carroll moved to reduce the funding amount for HO-4 by $143,311. Margaret Long seconded. Carroll said she would like to use that amount to partially fund HO-3. Long agreed. Motion failed, 5-2, with Gordon Coombes abstaining, Holly Carroll and Margaret Long in favor. Partial funding of $592,745 approved. HO-5 Loveland Housing Development Corp.: LHIP -- $85,000 Catherine Costlow moved to allocate full funding to HO-5; Kay Rios seconded. Costlow said there was good justification for preserving existing units and supporting homeowners who may be struggling. The motion passed unanimously. Full funding approved. HO-6 Neighbor to Neighbor: Coachlight Plaza Windows Phase 2 -- $43,257 Kay Rios moved to fully fund HO-6; Jaamal Curry seconded. Rios said the units to be rehabbed are in a state of disrepair and this project will address that. Curry agreed The motion passed unanimously. Full funding approved. Catherine Costlow moved to accept the funding matrix for the 2014 Fall Competitive Process as presented. Kay Rios seconded. Motion passed unanimously. The Deliberations Meeting was adjourned at 6:42 p.m. Packet Pg. 265 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 5 CDBG Commission Special Meeting The Commission reconvened at 6:48 p.m. for a Special Meeting in Conference Room 1A. In addition to Commissioners, the meeting included Sharon Thomas, Bruce Hendee, Janet Freeman, Tatiana Nelson and Kate Jeracki. Public Comment None Approval of Minutes Anita Basham moved to approve the minutes from the August 2014 meeting as presented; Kristin Stephens seconded. Motion passed with three abstentions. Social Sustainability Department Discussion Bruce Hendee, assistant city manager for the City of Fort Collins, thanked the Commission for the difficult work they do as volunteers on behalf of the City and its citizens. He said that in the wake of the resignation of Mary Achison as the director of the Social Sustainability Department, he would be acting head of the department until an interim could be appointed. He discussed the letter from the Commission that Kay Rios described as a rebuttal to the consultants’ recommendations for changes to the Competitive Process. In light of the concerns raised by the Commission, the City has decided to slow down the process to gather more input, and he assured the Commission that the City’s Human Services mission would not be unfunded. Hendee said he would like to hear the Commission’s thoughts on the process. He added that it has been 15 years since the Commission was created, and the charge and the bylaws have not been updated although the Commission’s role has evolved, in part in response to changes at the federal funding level. He added that the role of the Affordable Housing Board will be reviewed as part of that process as well, but any changes, if they happen, will have to be approved by City Council. The consultants’ recommendations are not ready to be be implemented yet and will very likely be the subject of a Council worksession before they are. Hendee asked about the concept of the Affordable Housing Board being responsible for allocating funding for housing projects. Kay Rios said that was how it was done in the past and gave a brief history of why the CDBG Commission was created to remove the conflicts of interest that arose under that system. She also pointed out that the consultants made that recommendation with very little input from Commissioners and it seems they didn’t really understand the process. Packet Pg. 266 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 6 Hendee said that he had asked the consultants to review the funding process in an effort to be transparent and increase community engagement. Gordon Coombes said the organizational structure can be improved, but it’s important to have a dialog with the people who are doing the work, who need to have input before any change is proposed. The Commission needs to be part of that discussion. He suggested that someone from the City come and sit through the entire Spring funding cycle, from applications to presentations and deliberations, to understand the role that the Commission plays. Kristin Stephens added that Commissioners take their job seriously and are very thoughtful about what they do and she felt blindsided when she saw the consultants’ recommendations. Hendee said he appreciates the amount of their own time Commissioners spend on reviewing documents. He said he will take their comments to heart and would like to engage in a meaningful way, starting with being on the agenda at future meetings. Tatiana Martin of the Affordable Housing Board said that her board has had similar discussions and would like to sit down with the CDBG Commission to share their thoughts. Gordon Coombes suggested a joint special meeting for a worksession, after the November Commission meeting but before the end of the year. Hendee said staff will find a date that works for everyone. Hendee assured Commissioners that even though there are changes on the horizon, the Social Sustainability Department and its commitment to the triple bottom line will continue. He thanked the Commission once again for its hard work and left the meeting at 7:18 p.m Work Plan, Periodic Review Sharon Thomas reminded Commissioners that annual Work Plan is due in February, and the bylaws need to be updated. All boards and commissions do a periodic review. In 2015 all boards and commissions under the City’s Outcome area of Community and Neighborhood Livability will be conducting a periodic review; the CDBG Commission is in this category. Kay Rios said she would take a look at the bylaws and present a draft update at the November meeting. She asked Commissioners to send her comments via email to incorporate. Staff Reports and Program Updates Packet Pg. 267 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 7 Sharon Thomas urged everyone to attend the annual Boards and Commissions event on Nov. 6, 5:30-7 p.m., when Kay Rios will be recognized for her many years of service to the City. RSVP soon. Gordon Coombes announced that he will be stepping down from the Commission at the end of the year, as he has become executive director of Team Fort Collins. That makes three Commissioners who will be leaving – Kay Rios is term limited and Bob Browning announced his intention to leave in September – so Sharon Thomas asked Commissioners to begin recruiting possible new members. Applications are open and available on the City’s website. The next meeting of the Commission is Nov. 13, 6:30 p.m., 215 N. Mason St. Meeting adjourned at 7:46 p.m. Packet Pg. 268 Attachment16.3: CDBG Commission minutes, October 16, 2014 (2576 : 2014 Fall Competitive Process) 1 PUBLIC HEARING 2014 FALL CYCLE of the COMPETITIVE PROCESS Allocating Financial Resources to Affordable Housing Projects ATTACHMENT 4 Packet Pg. 269 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 2 THE ALLOCATION PROCESS • Staff – Prepares applications – Provides technical assistance – Reviews applications, provides comments • Affordable Housing Board – Reviews Affordable Housing proposals – Provides priority ranking and comments to CDBG Commission Packet Pg. 270 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 3 THE ALLOCATION PROCESS • Community Development Block Grant (CDBG) Commission – Reviews written proposals – Watches presentations, submits questions – Meet to discuss proposals – Presents recommendations to Council • City Council – Conducts a Public Hearing – Makes final decision on funding allocations Packet Pg. 271 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 4 CDBG COMMISSION DECISION PROCESS The CDBG Commission bases their funding recommendations on: – Affordable Housing Strategic Plan – Consolidated Plan – HUD Regulations – AHB Priority Rankings – Project readiness, capacity, cost per unit and performance of the applicant – Needs of the community Packet Pg. 272 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 5 AFFORDABLE HOUSING STRATEGIC PLAN 2010-2014 Four goals based on most significant affordable housing needs: • Increase the inventory of affordable rental housing units • Preserve existing affordable housing units • Increase housing and facilities for people with special needs • Provide financial assistance for first-time homebuyers Packet Pg. 273 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 6 CONSOLIDATED PLAN 2010-2014 Consolidated Housing & Community Development Plan or Con Plan • Improve the availability, affordability, and sustainability of housing • Provide decent housing and a suitable living environment • Improve the availability and sustainability of economic development Packet Pg. 274 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 7 HUD – HOME REGULATIONS HOME Investment Partnership (HOME) Objectives: • Provide decent, safe affordable housing • Expand capacity of non-profit housing providers • Strengthen local government’s ability to provide housing • Leverage private-sector participation Packet Pg. 275 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 8 2014 FALL CYCLE AVAILABLE HOUSING FUNDS *Community Housing Development Organization funds of $80,954 not allocated – no CHDO certified applicant at this time. Amount Funding Source $264,644 FY2013 HOME Grant (remaining) $143,311 FY2013 HOME Program Income $313,047 Affordable Housing Funds $721,002 Total Available Funds* ** **$14,785 in HOME PI Admin Fees (not included in total available funds) are being appropriated to the administration of the City’s HOME program. Packet Pg. 276 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 9 FUNDING REQUESTS Project / Program Request CARE Housing: Uniform Federal Accessibility Standards (UFAS) Accessibility $127,356 FCHA: Administrative Fees for Community Dual Disorders Treatment (CDDT) Program $26,449 FCHA: Tenant Based Rental Assistance (TBRA) for CDDT $225,730 FCHA: Village on Redwood: A Vibrant, Sustainable Community $1,500,000 Loveland Housing Development Corp: Larimer Home Improvement Program (LHIP) $85,000 Neighbor to Neighbor: Coachlight Plaza Windows – 2 $43,257 Total Funding Requests $2,007,792 Packet Pg. 277 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 10 FUNDING REQUESTS / RECOMMENDATONS Project / Program Request Recommended Amount Unfunded Balance CARE Housing: UFAS $127,356 $0 $127,356 FCHA: CDDT Admin $26,449 $0 $26,449 FCHA: TBRA for CDDT $225,730 $0 $225,730 FHCA: Redwood $1,500,000 $592,745 $907,255 Loveland Housing: LHIP $85,000 $85,000 $0 N2N: Coachlight Plaza $43,257 $43,257 $0 Total $2,007,792 $721,002 $1,286,790 Packet Pg. 278 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 11 AFFORDABLE HOUSING PROPOSALS • CARE Housing: UFAS Accessibility Packet Pg. 279 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 12 AFFORDABLE HOUSING PROPOSALS Continued • FCHA: Admin Fees for CDDT • FCHA: TBRA for CDDT • FCHA: Village on Redwood: A Vibrant, Sustainable Community Packet Pg. 280 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 13 AFFORDABLE HOUSING PROPOSALS Continued • Loveland Housing Development Corp: LHIP • Neighbor to Neighbor: Coachlight Plaza Packet Pg. 281 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) 14 THANK YOU! Staff recommends adoption of the recommendations presented by the CDBG Commission. Packet Pg. 282 Attachment16.4: Powerpoint presentation (2576 : 2014 Fall Competitive Process) - 1 - RESOLUTION 2014-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE HOME INVESTMENT PARTNERSHIP PROGRAM AND THE CITY’S AFFORDABLE HOUSING FUND WHEREAS, the Home Investment Partnership (HOME) Program is an ongoing grant administration program funded by the Department of Housing and Urban Development (HUD); and WHEREAS, the City has received HOME Program funds since 1994; and WHEREAS, the City’s Affordable Housing Fund provides General Fund money for use in assisting affordable housing programs and projects; and WHEREAS, on January 18, 2000, the City Council approved Resolution 2000-13, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs and projects, and community development activities; and WHEREAS, on October 16, 2014, the CDBG Commission met for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded with FY2014 HOME grant funds and funds from the City’s Affordable Housing Fund; and WHEREAS, as required by HUD regulations, a 30-day public comment period on the proposed allocation of CDBG and HOME funds as recommended by the CDBG Commission began on October 21, 2014, and ended on November 18, 2014; and WHEREAS, to date no public comments have been received; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission, and has determined that the City’s 2014 allocation should be made as set out in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That City staff is hereby authorized to submit an application to HUD as follows: Packet Pg. 283 - 2 - Housing Category Applicant Project/Program Funding Request Commission’s Recommended Funding Unfunded Balance Percent of Request Funded CARE Housing: Uniform Federal Accessibility Standards (UFAS) Accessibility $127,356 $0 $127,356 0% Fort Collins Housing Authority: Administrative Fee for the Community Dual Disorders Treatment (CDDT) Program $26,449 $0 $26,449 0% Fort Collins Housing Authority: Tenant Based Rental Assistance for CDDT $225,730 $0 $225,730 0% Fort Collins Housing Authority: Village on Redwood: A Vibrant, Sustainable Community $1,500,000 $592,745 $907,255 40% Loveland Housing Development Corp: Larimer Home Improvement Program (LHIP) $85,000 $85,000 $0 100% Neighbor to Neighbor: Coachlight Plaza Windows Phase 2 $43,257 $43,257 $0 100% Housing Total $2,007,792 $721,002 $1,286,790 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of November, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 284 - 1 - ORDINANCE NO. 167, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE HOME INVESTMENT PARTNERSHIP PROGRAM FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities which would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City has received unanticipated HOME Program income in the amount of $158,096; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2014 fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the fiscal year until the expiration of the federal grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fund the sum of ONE HUNDRED FIFTY-EIGHT THOUSAND NINETY-SIX DOLLARS ($158,096), for approved HOME Program projects. Packet Pg. 285 - 2 - Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 2014, and to be presented for final passage on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 286 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 153, 2014,Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2015; Adopting the Budget for the Fiscal Years Beginning January 1, 2015, and Ending December 31, 2016; and Fixing the Mill levy for Fiscal year 2015. EXECUTIVE SUMMARY The purpose of this item is to present the Annual Appropriation Ordinance for Second Reading. This Ordinance sets the City Budget for the two-year period (2015-16) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $552,814,455 to be appropriated for fiscal year 2015. This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION The Annual Appropriation Ordinance for 2015 was adopted unanimously on First Reading with the following changes to be incorporated into Second Reading based on amendments made by Council:  Fund a new Enhancement Offer in the Community and Neighborhood Livability Outcome for $100K in 2015 and $400K in 2016 for traffic calming initiatives funded by General Fund Reserves  Remove Offer 44.4 - ENHANCEMENT: Assistant Manager for the Gardens on Spring Creek - 1.0 FTE These changes, as applicable, are reflected in the numbers above and have been updated in the Annual Appropriation Ordinance for Second Reading. City Budget (in $ million) Adopted 2015 Adopted 2016 Operations $490.0 $478.1 Debt Service 21.2 21.4 Capital 45.2 36.6 Total City Operated Appropriations * $556.4 $536.1 Less General Improvement District (GID) #1 (1.2) (0.2) Less General Improvement District (GID) #15 (Skyview)** (0.0) (0.0) Less Urban Renewal Authority (URA) (2.4) (4.9) Total City of Fort Collins Appropriation $552.8 $531.0 Packet Pg. 287 Agenda Item 17 Item # 17 Page 2 * This includes GID #1, GID #15 and URA which are appropriated in separate ordinances ** The appropriation for GID #15 (Skyview) is $1,000 which rounds to $0 in millions During First Reading there were requests for additional information to be considered for amendments during Second Reading: 1. A new Enhancement Offer for $150K per year to increase Dial-a-Ride service to allow connectivity to Foothills Gateway - Refer to Attachment 2 for Offer details 2. Reduce the amount of Offer 56.32 ENHANCEMENT: Police Funding for Training Facility Design Development to reflect only the design and engineering costs of a driving track - The requested information was submitted to Council in the November 6 Council Packet. Staff recommends this Offer be included in the 2015-16 Budget as originally submitted for the following reasons: a. Although talks with Liberty Arms are occurring, there are still too many unknowns with their proposal b. Such a change would fundamentally alter the facility and it is not known if Loveland will still want to partner as previously agreed c. Although we have estimated the design and engineering costs of a facility with just a driving track, the additional expenses related to working with Liberty Arms are not known d. If such a deal is arranged and once all final costs are known, we could freeze the unneeded portion of the appropriation Additionally, staff is requesting Council to also consider amendments for the following during Second Reading: 3. A modification to Enhancement Offer 44.4 which has been changed to a 1.0 FTE Crew Chief at the Gardens on Spring Creek - The Gardens has submitted a revised BFO request for a Crew Chief position to manage the day- to-day horticulture components of the facility. This will allow the Gardens Director to focus on higher level duties such as strategic planning, fundraising and regional partnership development. Please refer to Attachment 3 for Offer details. 4. Offer 106.2 ENHANCEMENT: USA Pro Cycling Challenge - During a budget work session, Council asked that the funding for US Pro Challenge be removed until we had a specific proposal. Based on recent conversations with regional partners, there is interest in bringing the race back to Northern Colorado in 2015. - Early this month race organizers indicated that they will select host cities in mid-November. This has accelerated the timeline for the City and other stakeholders to consider funding support. Visit Fort Collins (previously the Convention & Visitors Bureau), is considering a $50k contribution to help secure a Fort Collins finish in 2015. This budget amendment authorizes $50k in City services (e.g., police, streets, parks, and parking) for this event, dependent upon authorization of $50k from Visit Fort Collins. ATTACHMENTS 1. First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (PDF) 2. Offer 7.25 Paratransit Service to Foothills Gateway (PDF) 3. Gardens Crew Chief (PDF) 4. Powerpoint presentation (PDF) Packet Pg. 288 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY October 21, 2014 City Council STAFF Lawrence Pollack, Budget & Performance Measurement Manager Darin Atteberry, City Manager Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 153, 2014,Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2015; Adopting the Budget for the Fiscal Years Beginning January 1, 2015, and Ending December 31, 2016; and Fixing the Mill levy for Fiscal year 2015. EXECUTIVE SUMMARY The purpose of this item is to present the Annual Appropriation Ordinance for First Reading. This Ordinance sets the City Budget for the two-year period (2015–16) which becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of $552,694,350 to be appropriated for fiscal year 2015. Including the 2015 adopted budgets for the General Improvement District (GID) #1 of $1,193,565 and General Improvement District (GID) #15 (Skyview) of $1,000 as well as the Urban Renewal Authority (URA) of $2,408,457 the total City operated appropriations amount to $556,297,372. This Ordinance also sets the 2015 City mill levy at 9.797 mills, unchanged since 1991. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION For the sixth time the City has used a budgeting process called Budgeting for Outcomes (BFO). This process is a recommended best practice by the Government Finance Officers Association (GFOA). It is a systematic process driven by goals and performance, to provide information that relates budgeting to planning and results. Its purpose is to better align the services delivered by the City with the things that are most important to the community. The 2015-16 City Manager’s Recommended Budget was delivered to Council in August. The Recommended Budget strengthens key services related to transportation, police, fire, parks and recreation and other community priorities such as the environment, economic development and social sustainability, delivering on the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010. The budget reflects community needs and council priorities as identified in the 2014 Strategic Plan. City Council reviewed the Recommended Budget during four Council Work Sessions. In addition, citizens have been able to provide input to Councilmembers through two public hearings. From these discussions and additional information provided by staff, City Council has provided direction and guidance for changes to be incorporated into 1st reading of the 2015-16 Biennial Budget. The following table summarizes the Offers not originally included in the Recommended Budget. ATTACHMENT 1 Packet Pg. 289 Attachment17.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2605 : SR 153 2015-16 Budget) Agenda Item 18 Item # 18 Page 2 Note: $ in thousands and GF = General Fund To fund these Offers requires a combination of funding sources. The first prudent place to evaluate is Offers that have a lower priority from Council’s perspective and, thus, should not be funded or should have the amount reduced. The table below lists Offers that were eliminated or modified. Note: $ in thousands The gap between Offers funded per Council direction and Offers eliminated or modified is addressed by other funding sources. As the table below indicates, the gap was addressed through increased use of General Fund one-time revenue, reserves, increased 2015-16 Sales Tax projections, and a small amount of other funding. The increase of the Sales Tax forecast is based on the strong results we continue to see through the end of the third quarter of 2014 and the increased base upon which the 2015 and 2016 forecasts are based. Some of the Offers, either unfunded or modified, offset the need for additional funding. Outcome Offers Funded per Council Direction 2015 2016 Funding Sources CNL 17.1 - Green Street Implementation: Remington Greenway Extension $150 $0 GF - One Time Revenue CNL 101.4 - Additional Medians and Streetscapes Maintenance 200 200 GF - Reserves C&R 22.1 - Trees along Paved Recreational Trails 95 30 Con Trust - Reduced Offer 8.1 C&R 83.6 - Poudre School District (PSD) After School Enrichment 70 70 GF - One Time Revenue C&R 160.7 - EPIC Pool Improvements (previously in BOB 2.0) 1,500 0 GF - Reserves ECON 46.15 - Support CSU Ventures - Advanced Industries Proof of Concept Prog 50 50 GF - One Time Revenue ECON 46.17 - Fort Collins Public Access Network Expanded Support 40 40 KFCG Other Comm. - Reserves ECON 46.7 - Support Larimer Small Business Development Center 40 40 GF - One Time Revenue ECON 100.6 - Downtown Bathrooms (previously in BOB 2.0) 350 0 GF - Reserves ECON 62.X - Alta Vista Sub-area Plan 40 0 GF - Reserves ENVIRO 47.7 - Enviro Planner & Meeting the Challenge of Zero Waste - 0.5 FTE 53 51 GF - Ongoing ENVIRO 47.9 - Municipal Sustainability Projects - Green to Gold 20 20 GF - Reserves ENVIRO 174.1 - Advanced Waste Stream Optimization 58 350 GF - Ongoing & Res./Utility Res. SAFE 42.4 - Environmental Project Consultant for Stormwater Projects 0 0 Not Applicable TRANS 2.18 - Bicycle Infrastructure Investments 75 75 GF - Reserves TRANS 25.24 - MAX/BRT Snow Removal 200 200 GF - Ongoing TRANS 141.1 - Transportation Air Quality Impacts Guidance Manual 35 10 GF - Reserves TRANS 165.3 - Safe Routes to School Strategic Traffic Infrastructure Program 100 100 GF - Ongoing TRANS 169.3 - W. Elizabeth Enhanced Travel Corridor Master Plan (previously 18.3) 300 0 GF - Reserves HPG 49.3 - Grant Development Specialist - 1.0 FTE 84 84 GF - Ongoing HPG 53.2 - Telling our Story Offer Video Outreach 35 35 GF - Ongoing $3,495 $1,355 Eliminations and Modifications 2015 Amount 2016 Amount Offers Unfunded per Council Direction - 46.3 Economic Health Reserve Fund $ (50) $ (50) - 106.2 USA Pro Cycling Challenge (50) - Offers Reduced per Council Direction 17.1 - Green Street Implementation: Remington Greenway Extension (180) (500) 8.1: Paved Recreational Trail Development (95) (30) 46.17 - Fort Collins Public Access Network Expanded Support (10) (10) 47.9 - Municipal Sustainability Projects - Green to Gold (80) (30) 2.18 - Bicycle Infrastructure Investments (45) (45) 53.2: KFCG ENHANCEMENT: Telling Our Stories Strategic Video (100) (96) 63.6: ENHANCEMENT: On-Street Pay Parking 50 (750) Total Eliminations and Modifications $ (560) $ (1,511) Packet Pg. 290 Attachment17.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2605 : SR 153 2015-16 Budget) Agenda Item 18 Item # 18 Page 3 This annual Appropriation Ordinance sets the amount of $552,694,350 to be appropriated for fiscal year 2015. Including the 2015 adopted budgets for the General Improvement District (GID) No.1 of $1,193,565 and General Improvement District (GID) No. 15 (Skyview) of $1,000 as well as the Urban Renewal Authority (URA) of $2,408,457 the total City operated appropriations amount to $556,297,372. Below is a summary of the proposed 2015-16 City budget: City Budget (in $ million) Adopted 2015 Adopted 2016 Operations $490.0 $477.8 Debt Service 21.2 21.4 Capital 45.1 36.2 Total City Operated Appropriations * $556.3 $535.4 Less General Improvement District (GID) No.1 (1.2) (0.2) Less General Improvement District (GID) No. 15 (Skyview)** (0.0) (0.0) Less Urban Renewal Authority (URA) (2.4) (4.9) Total City of Fort Collins Appropriation $552.7 $530.3 * This includes GID No. 1, Skyview South GID No. 15 and URA which are appropriated in separate ordinances ** The appropriation for Skyview South GID No. 15 is $1,000 which rounds to $0 in millions FINANCIAL / ECONOMIC IMPACTS This Ordinance sets the annual appropriation for fiscal year 2015 in the amount of $552,694,350. The Ordinance also sets the City mill levy at 9.797 mills, unchanged since 1991. ENVIRONMENTAL IMPACTS The Budget contains multiple offers that will have positive environmental impacts, particularly those funded by the Environmental Health Result Area. PUBLIC OUTREACH In preparation for First Reading of the 2015-16 Budget, City Council held two public hearings. Additionally, during the budget development, there were 2 citizens on each BFO Teams; as well as significant public outreach conducted to gather citizen feedback from a broad demographic of our community. During a 6-week period, over 20 community events or meetings were conducted at locations across the City. Additional input was obtained from online tools. All data was then shared with the BFO Teams to assist with their evaluation of Offers. ATTACHMENTS 1. BFO Letters for Council (PDF) Changes to Funding Assumptions 2015 Amount 2016 Amount - Use of General Fund 1-time Funding & Reserves 2,830 715 - Use of Increased Sales Tax Forecast 472 470 - Other 193 170 Utilized Changes to Funding Assumptions $ 3,495 $ 1,355 Packet Pg. 291 Attachment17.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2605 : SR 153 2015-16 Budget) ATTACHMENT 2 Packet Pg. 292 Attachment17.2: Offer 7.25 Paratransit Service to Foothills Gateway (2605 : SR 153 2015-16 Budget) Packet Pg. 293 Attachment17.2: Offer 7.25 Paratransit Service to Foothills Gateway (2605 : SR 153 2015-16 Budget) Packet Pg. 294 Attachment17.2: Offer 7.25 Paratransit Service to Foothills Gateway (2605 : SR 153 2015-16 Budget) Packet Pg. 295 Attachment17.2: Offer 7.25 Paratransit Service to Foothills Gateway (2605 : SR 153 2015-16 Budget) ATTACHMENT 3 Packet Pg. 296 Attachment17.3: Gardens Crew Chief (2605 : SR 153 2015-16 Budget) Packet Pg. 297 Attachment17.3: Gardens Crew Chief (2605 : SR 153 2015-16 Budget) 1 Second Reading of the City of Fort Collins 2015-2016 Budget November 18, 2014 Council Meeting Packet Pg. 298 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 2 Budget Overview ($ Millions) 2013 2014 2015 2016 Operating $ 432.5 $ 451.9 $ 490.0 $ 478.1 Debt 21.2 20.7 21.2 21.4 Capital 31.2 31.4 45.2 36.6 Total City Budget $ 484.9 $ 504.0 $ 556.4 $ 536.1 % Change from Prev Yr 11.8% 3.9% 10.4% -3.6% Net City Budget $ 387.9 $ 401.1 $ 436.9 $ 428.3 % Change from Prev Yr 7.0% 3.4% 8.9% -2.0% General Fund $ 112.9 $ 123.8 $ 129.7 $ 128.9 % Change from Prev Yr 8.3% 9.7% 4.8% -0.6% Keep Fort Collins Great $ 22.7 $ 22.6 $ 26.6 $ 26.8 % Change from Prev Yr 17.0% -0.4% 17.7% 0.8% Adopted Budget Proposed Budget 2015 Growth Largely From One-Time Spending Projects…. Modest Increase in General Fund Spending 2015 Growth Largely From One-Time Spending Projects…. Modest Increase in General Fund Spending Packet Pg. 299 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 3 Changes Based on Amendments during 1st Reading These Changes are included for 2nd Reading of the 2015-16 Budget Note: $ in thousands Outcome Changes 2015 2016 Funding Source CNL Add 17.3 - ENHANCEMENT: Traffic Calming – Capital $100 $400 General Fund C&R Remove 44.4 - ENHANCEMENT: Assistant Manager ($ 95) ($ 87) General Fund for the Gardens on Spring Creek - 1.0 FTE Packet Pg. 300 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 4 Offers for Amendment Consideration during 2nd Reading These Offers have not been included for 2nd Reading of the 2015-16 Budget and would require amendments to be included Note: $ in thousands Outcome Changes 2015 2016 Funding Source TRANS ENHANCEMENT: increase Dial-a-Ride service to $150 $150 General Fund allow connectivity to Foothills Gateway C&R A modification to Enhancement Offer 44.4 $ 93 $ 85 General Fund which has been changed a 1.0 FTE Crew Chief at the Gardens on Spring Creek TRANS Enhancement Offer 106.2 USA Pro Cycling $ 50 $ 0 General Fund Challenge Packet Pg. 301 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 5 2015-16 Biennial Budget Balanced and Fiscally Prudent Budget that Addresses Multiple Community and Council Priorities • Strengthens key services related to transportation, police, fire, parks & recreation • Enhances community priorities such as the environment, social sustainability, transit, key city infrastructure and investment in neighborhoods • Continues the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010 • Includes smart, long-term investments in the future including the Poudre River, Southeast Community Park, and the Old Town Square Renovation Packet Pg. 302 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 6 Questions? Packet Pg. 303 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 7 First Reading of the City of Fort Collins 2015-2016 Budget October 21, 2014 Council Meeting Packet Pg. 304 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 8 Reflects Community Needs and Council Priorities as Identified in 2014 Strategic Plan Packet Pg. 305 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 9 Maintain High Quality Service & Stewardship of City Assets Packet Pg. 306 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 10 Neighborhood & Community Vitality Packet Pg. 307 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 11 Environmental & Poudre River Restoration Packet Pg. 308 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 12 Transit & Mobility Packet Pg. 309 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 13 Sense of Place Packet Pg. 310 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 14 Infrastructure Packet Pg. 311 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 15 Improved Internal Systems & Leveraging Resources Packet Pg. 312 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 16 Budget Overview ($ Millions) 2013 2014 2015 2016 Operating $ 432.5 $ 451.9 $ 490.0 $ 477.8 Debt 21.2 20.7 21.2 21.4 Capital 31.2 31.4 45.1 36.2 Total City Budget $ 484.9 $ 504.0 $ 556.3 $ 535.4 % Change from Prev Yr 11.8% 3.9% 10.4% -3.8% Net City Budget $ 387.9 $ 401.1 $ 436.9 $ 428.0 % Change from Prev Yr 7.0% 3.4% 8.9% -2.0% General Fund $ 112.9 $ 123.8 $ 129.7 $ 128.6 % Change from Prev Yr 8.3% 9.7% 4.8% -0.8% Keep Fort Collins Great $ 22.7 $ 22.6 $ 26.6 $ 26.8 % Change from Prev Yr 17.0% -0.4% 17.7% 0.8% Adopted Budget Proposed Budget 2015 Growth Largely From One-Time Spending Projects…. Modest Increase in General Fund Spending 2015 Growth Largely From One-Time Spending Projects…. Modest Increase in General Fund Spending Packet Pg. 313 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 17 New Offers to be Included in 1st Reading These Offers will be included for 1st Reading of the 2015-16 Budget based on Council guidance Outcome Offers Funded per Council Direction 2015 2016 Funding Sources CNL 17.1 - Green Street Implementation:Remington GreenwayExtension $150 $0 GF - One Time Revenue CNL 101.4 - Additional Medians and Streetscapes Maintenance 200 200 GF - Reserves C&R 22.1 - Trees along Paved Recreational Trails 95 30 Con Trust - Reduced Offer 8.1 C&R 83.6 - Poudre School District (PSD) After School Enrichment 70 70 GF - One Time Revenue C&R 160.7 - EPIC Pool Improvements (previouslyin BOB 2.0) 1,500 0 GF - Reserves ECON 46.15 - Support CSU Ventures - Advanced Industries Programming 50 50 GF - One Time Revenue ECON 46.17 - Fort Collins Public Access Network Expanded Support 40 40 KFCG Other Comm-Reserves ECON 46.7 - Support Larimer Small Business Development Center 40 40 GF - One Time Revenue ECON 100.6 - Downtown Bathrooms (previouslyin BOB 2.0) 350 0 GF - Reserves ECON 62.8 - Mountain Vista Subarea Plan Strategic Update 40 0 GF - Reserves Note: $ in thousands and GF = General Fund Packet Pg. 314 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 18 New Offers to be Included in 1st Reading - continued These Offers will be included for 1st Reading of the 2015-16 Budget based on Council guidance Note: $ in thousands and GF = General Fund Outcome Offers Funded per Council Direction 2015 2016 Funding Sources ENVIRO 47.7 - Enviro Planner & Meeting the Challenge of Zero Waste - 0.5 FTE 53 51 GF - Ongoing ENVIRO 47.9 - Municipal SustainabilityProjects - Green to Gold 20 20 GF - Reserves ENVIRO 174.1 - Advanced Waste StreamOptimization 58 350 GF and Utility Reserves SAFE 42.4 - Environmental Project Consultant for Stormwater Projects 0 0 Not Applicable TRANS 2.18 - Bicycle Infrastructure Investments 75 75 GF - Reserves TRANS 25.24 - MAX/BRT Snow Removal 200 200 GF - Ongoing TRANS 141.1 - Transportation Air Quality Impacts Guidance Manual 35 10 GF - Reserves TRANS 165.3 - Safe Routes to School Strategic Traffic Infrastructure Program 100 100 GF - Ongoing TRANS 169.3 - W. Elizabeth Enhanced Travel Corridor Master Plan (previously18.3) 300 0 GF - Reserves HPG 49.3 - Grant Development Specialist - 1.0 FTE 84 84 GF - Ongoing HPG 53.2 - Telling our StoryOffer Video Outreach 35 35 GF - Ongoing $3,495 $1,355 Packet Pg. 315 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 19 Eliminations and Modifications to Offers These Offers have either been removed from the 2015-16 Budget or had the Offer amount reduced. In the latter case, the Offer Narrative has been updated to reflect the modified Offer. Eliminations and Modifications 2015 Amount 2016 Amount Offers Unfunded per Council Direction - 46.3 Economic Health Reserve Fund $ (50) $ (50) - 106.2 USA Pro Cycling Challenge (50) - Offers Reduced per Council Direction 17.1 - Green Street Implementation: Remington Greenway Extension (180) (500) 8.1: Paved Recreational Trail Development (95) (30) 46.17 - Fort Collins Public Access Network Expanded Support (10) (10) 47.9 - Municipal Sustainability Projects - Green to Gold (80) (30) 2.18 - Bicycle Infrastructure Investments (45) (45) 53.2: KFCG ENHANCEMENT: Telling Our Stories Strategic Video (100) (96) 63.6: ENHANCEMENT: On-Street Pay Parking 50 (750) Total Eliminations and Modifications $ (560) $ (1,511) Note: $ in thousands Packet Pg. 316 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 20 Changes to Funding Assumptions Summary of Changes Changes to Funding Assumptions 2015 Amount 2016 Amount - Use of General Fund 1-time Funding & Reserves 2,830 715 - Use of Increased Sales Tax Forecast 472 470 - Other 193 170 Utilized Changes to Funding Assumptions $ 3,495 $ 1,355 Note: $ in thousands Summary of Changes 2015 Amount 2016 Amount - Recommended Budget Total Appropriations $550.3 $535.0 - Offers Funded per Council Direction 3.5 1.4 - Eliminations and Modifications Subtotal (0.6) (1.5) - Other changes (transfers, etc.) 3.1 0.5 Proposed Budget Total Appropriations $556.3 $535.4 Packet Pg. 317 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 21 2015-16 Biennial Budget Balanced and Fiscally Prudent Budget that Addresses Multiple Community and Council Priorities • Strengthens key services related to transportation, police, fire, parks & recreation • Enhances community priorities such as the environment, social sustainability, transit, key city infrastructure and investment in neighborhoods • Continues the commitment made to voters who approved the Keep Fort Collins Great sales tax increase in 2010 • Includes smart, long-term investments in the future including the Poudre River, Southeast Community Park, and the Old Town Square Renovation Packet Pg. 318 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) 22 Questions? Packet Pg. 319 Attachment17.4: Powerpoint presentation (2605 : SR 153 2015-16 Budget) - 1 - ORDINANCE NO. 153, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIATION ORDINANCE RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2015; ADOPTING THE BUDGET FOR THE FISCAL YEARS BEGINNING JANUARY 1, 2015, AND ENDING DECEMBER 31, 2016; AND FIXING THE MILL LEVY FOR FISCAL YEAR 2015 WHEREAS, the City Manager has, prior to the first Monday in September, 2014, submitted to the City Council a proposed budget for the next ensuing budget term, along with an explanatory and complete financial plan for each fund of the City, pursuant to the provisions of Article V, Section 2, of the City Charter; and WHEREAS, within ten days after the filing of said budget estimate, the City Council set September 23rd and October 7th, 2014, as the dates for the public hearings thereon and caused notice of such public hearings to be given by publication pursuant to Article V, Section 3, of the City Charter; and WHEREAS, the public hearings were held on those dates and persons were given the opportunity to appear and object to any or all items and estimates in the proposed budget; and WHEREAS, Article V, Section 4, of the City Charter requires that, before the last day of November of each fiscal year, the City Council adopt the budget for the ensuing term by ordinance and appropriate such sums of money as the Council deems necessary to defray all expenditures of the City during the ensuing fiscal year; and WHEREAS, Article V, Section 5, of the City Charter provides that the annual appropriation ordinance shall also fix the tax levy upon each dollar of the assessed valuation of all taxable property within the City, such levy representing the amount of taxes for City purposes necessary to provide for payment during the ensuing fiscal year for all properly authorized expenditures to be incurred by the City; and WHEREAS, Article XII, Section 6, of the City Charter permits the City Council to fix, establish, maintain, and provide for the collection of such rates, fees, or charges for water and electricity, and for other utility services furnished by the City as will produce revenues sufficient to pay into the General Fund in lieu of taxes on account of the City-owned utilities such amount as may be established by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. Budget a. That the City Council has reviewed the City Manager's 2015-2016 Recommended Budget, a copy of which is on file with the office of the City Clerk, and has approved certain amendments thereto. Packet Pg. 320 - 2 - b. That the City Manager’s 2015-2016 Recommended Budget, as amended by the Council, is hereby adopted, in accordance with the provisions of Article V, Section 4, of the City Charter and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the City Manager to reflect actual revenues and expenditures for the fiscal year 2014. c. That the adopted budget, as amended, shall be maintained in the office of the City Clerk and identified as "The Budget for the City of Fort Collins for the Fiscal Years Ending December 31, 2015, and December 31, 2016, as Adopted by the City Council on November 18, 2014." Section 2. Appropriations. That there is hereby appropriated out of the revenues of the City of Fort Collins, for the fiscal year beginning January 1, 2015, and ending December 31, 2015, the sum of FIVE HUNDRED FIFTY TWO MILLION EIGHT HUNDRED FOURTEEN THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS ($552,814,455) to be raised by taxation and otherwise, which sum is deemed by the City Council to be necessary to defray all expenditures of the City during said budget year, to be divided and appropriated for the following purposes, to wit: GENERAL FUND $129,742,733 ENTERPRISE FUNDS Golf $3,246,424 Light & Power Operating Total $132,127,984 Capital Projects: Art in Public Places 87,642 Computerized Maintenance Mgmt System 163,000 Emergency Operations Center 18,750 Utilities Vehicle Storage Building 1,868,614 Capital Projects Total 2,138,006 Total Light & Power $134,265,990 Storm Drainage Operating Total $11,272,324 Capital Projects: Art in Public Places 47,636 Computerized Maintenance Mgmt System 40,750 Cooper Slough and Boxelder Basins 330,000 Crushing & Recycling Facility 100,000 Emergency Operations Center 18,750 Packet Pg. 321 - 3 - Stormwater Basin Improvements 3,500,000 Stormwater Developer Repayments 100,000 Stormwater Drainage System Improvements 360,000 Stormwater Master Planning 275,000 Stream Restoration 650,000 Utilities Vehicle Storage Building 253,593 Capital Projects Total 5,675,729 Total Storm Drainage $16,948,053 Wastewater Operating Total $18,000,232 Capital Projects: Art in Public Places 74,456 Computerized Maintenance Mgmt System 40,750 Crushing & Recycling Facility 75,000 Drake Water Reclamation Facility Improvements 5,400,000 Emergency Operations Center 18,750 Utilities Vehicle Storage Building 253,593 Wastewater Collection System Replacement 1,492,000 Water Reclamation Facility Replacement 300,000 Capital Projects Total 7,654,549 Total Wastewater $25,654,781 Water Operating Total $26,289,608 Capital Projects: Art in Public Places 44,298 Chlorine Contact Basin 1,000,000 Computerized Maintenance Mgmt System 81,500 Crushing & Recycling Facility 125,000 Emergency Operations Center 18,750 Utilities Vehicle Storage Building 253,593 Water Distribution System Replacement 500,000 Water Meter Replacement & Rehabilitation 800,000 Water Production - Energy Optimization 285,000 Water Production Replacement Program 1,091,205 Water Source of Supply Replacements 500,000 Capital Projects Total 4,699,346 Total Water $30,988,954 TOTAL ENTERPRISE FUNDS $211,104,202 Packet Pg. 322 - 4 - INTERNAL SERVICE FUNDS Benefits $24,429,049 Data & Communications 9,125,113 Equipment 11,566,546 Self Insurance 3,405,515 Utility Customer Service & Administration 17,197,847 TOTAL INTERNAL SERVICE FUNDS $65,724,070 SPECIAL REVENUE & DEBT SERVICE FUNDS Capital Improvement Expansion $9,135,412 Capital Leasing Corporation 4,636,235 Cemeteries 645,940 Cultural Services & Facilities Operating Total $3,933,058 Capital Projects – Art in Public Places 177,616 Total Cultural Services & Facilities $4,110,674 General Employees' Retirement $3,827,763 Keeping Fort Collins Great Operating Total $22,838,192 Capital Projects: City Bridge Program 2,022,700 Lincoln Neighborhood Projects 380,000 Mulberry Bridge Urban Design 750,000 Pedestrian Sidewalk & ADA Improvements 150,000 Vine & Lemay Intersection 500,000 Capital Projects Total 3,802,700 Total Keeping Fort Collins Great $26,640,892 Museum $1,038,186 Natural Areas 11,147,489 Parking 2,523,660 Perpetual Care 17,428 Recreation 6,667,881 Sales & Use Tax 14,098,200 Street Oversizing 2,636,576 Timberline/Prospect SID 56,000 Transit Services 13,562,429 Transportation Services 24,444,203 Packet Pg. 323 - 5 - SPECIAL REVENUE & DEBT $125,188,968 SERVICE FUNDS CAPITAL PROJECTS FUND General City Capital Projects: Arthur Ditch Master Plan Alternative Analysis $185,000 City Bridge Program 277,300 Community Recycling Facility 1,000,000 Downtown Poudre River Improvements 1,000,000 Epic Pool Improvements 1,500,000 Green Street Implementation 150,000 Linden Street - Walnut to Jefferson 300,000 Northeast Community Park 250,000 Oak Street Public Restroom Replacement 350,000 Railroad Crossing Replacement 150,000 Southeast Community Park 7,900,000 Traffic Calming 100,000 Total General City Capital Projects $13,162,300 1/4 Cent Building on Basics Operating - Administrative Charge $59,900 Capital Projects: Bicycle Plan Implementation 125,000 Intersection Improvements & Traffic Signals 2,220,000 Park Improvements 1,703,622 Pedestrian Sidewalk and ADA Improvements 300,000 Capital Projects Total 4,348,622 Total 1/4 Cent Building on Basics $4,408,522 Conservation Trust Operating Total - Administration & Parks Maint $275,649 Capital Projects: Trail Acquisition/Development 1,191,694 Capital Projects Total 1,191,694 Total Conservation Trust $1,467,343 Neighborhood Parkland Fund Operating Total - Administration $488,317 Capital Projects: Golden Meadows Park 250,000 Lee Martinez Park Improvements 350,000 Packet Pg. 324 - 6 - New Park Site Development 100,000 New Site Acquisition 320,000 Side Hill Neighborhood Park 200,000 Trailhead Park 8,000 Waterfield Neighborhood Park 300,000 Capital Projects Total 1,528,000 Total Neighborhood Parkland $2,016,317 TOTAL CAPITAL PROJECTS FUNDS $21,054,482 TOTAL CITY FUNDS $552,814,455 Section 3. Mill Levy a. That the 2015 mill levy rate for the taxation upon each dollar of the assessed valuation of all the taxable property within the City of Fort Collins as of December 31, 2014, shall be 9.797 mills, which levy represents the amount of taxes for City purposes necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the City. b. That the City Clerk shall certify this levy of 9.797 mills to the County Assessor and the Board of Commissioners of Larimer County, Colorado, in accordance with the applicable provisions of law, as required by Article V, Section 5, of the Charter of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 325 - 7 - Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 326 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Dan Weinheimer, Policy & Project Manager Joe Olson, City Traffic Engineer Mark Jackson, PDT Deputy Director SUBJECT Resolution 2014-106 Authorizing the City Manager to Submit a Train Horn Noise Waiver Petition to the Federal Railroad Administration. EXECUTIVE SUMMARY The purpose of this item is to seek City Council permission to submit a request to the Federal Railroad Administration (FRA) for a waiver to the federal train horn noise rule for downtown Fort Collins. The waiver would include several proposed City actions in order to have trains stop blowing horns, except in emergency situations, when traveling from Laurel Street to College Avenue along Mason Street. If Council approves, a waiver will be drafted pursuant to FRA regulations and provided to the FRA Rail Safety Board for action. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Train horn noise has been a problem in Fort Collins for more than a decade. There are anywhere from 8 to 15 trains utilizing the tracks on Mason Street each day and they travel through the corridor at any time of day. Railroads are not required by federal law to provide a schedule for its freight service nor are they required to provide the City advance notice of trains. Trains travel through the community at all hours of the day and night. Trains have always been operated under the purview of the federal government. In 2005, the Federal Railroad Administration (FRA) completed a nearly ten-year process of creating a standard train horn noise rule. This rule, Title 49 Code of Federal Regulations Part 222 (49 CFR Part 222), standardized the decibel level, horn pattern and timing for sounding the horn relative to an intersection. The rule is intended to prevent vehicular accidents and therefore focuses entirely on street-rail intersections. The rule requires locomotives to sound their horn in a four-blast pattern of two longs, a short and a long at least 15 seconds before occupying an intersection. Their horn must sound at between 96 and 110 decibels. Communities are provided one tool in the rule to limit the noise - they can implement a “quiet zone.” A quiet zone is a section of a rail line at least one-half mile in length that contains one or more consecutive intersections at which locomotive horns are not routinely sounded when trains are approaching the crossings. According to the rule, communities are required to install safety infrastructure to mitigate for the lack of the train horn. Waiver and waiver items Since 2012, staff has talked with FRA officials several times and been advised that the best option for silencing train horns in the downtown corridor would be applying for a waiver to some of the infrastructure requirements Packet Pg. 327 Agenda Item 18 Item # 18 Page 2 in the train horn rule. A waiver acknowledges the “unique” design of Mason Street and the difficulty implementing the infrastructure requirements of the rule. The proposed waiver corridor follows the railroad track from College Avenue to Laurel Street along Mason Street and includes eleven railroad crossings/street intersections including: STREET GATES/ LIGHTS INTERSECTION CONTROL College Gates & Lights n/a Cherry Gates & Lights n/a Maple Flashing Lights 2-way STOP LaPorte Flashing Lights Traffic Signal Mountain Flashing Lights Traffic Signal Oak Flashing Lights Traffic Signal Olive Flashing Lights Traffic Signal Magnolia None 2-way STOP Mulberry Flashing Lights Traffic Signal Myrtle None 2-way STOP Laurel Flashing Lights Traffic Signal Elements of City Waiver Petition The request would ask that the federal requirement for gates be waived at the seven intersections currently equipped only with flashing lights. Fort Collins’ waiver petition would include the following items:  Signalize Maple Street/Mason Street intersection  Two east-west crossing closures for motorists (allowance would be made for bicyclists and pedestrians to continue to cross these intersections) - Myrtle Street/Mason Street - Magnolia Street/Mason Street  Potential closure at Old Main - a Colorado State University (CSU) decision  Ensure notice of operational left turn and right turn prohibitions to train crews  Trespass enforcement program - Ordinance # 45, 2011 adopted an enforcement process  Use “no train horn” signage before corridor in accordance with Manual on Uniform Traffic Control Devices (MUTCD)  Conduct a citywide media campaign - Operation Lifesaver, local Emergency Management Services/ public safety - to prepare community  Consider smart transportation devices - CPUC, BNSF, City discuss/agree Closure Impact Closing intersections to east-west traffic at Magnolia and Myrtle will impact traffic circulation to local businesses and homes. Staff feels that the impact will be minimal for most people. The greatest impact would be to drivers attempting to cross Mason Street at either Magnolia Street or Myrtle Street but these are currently low-volume streets and these drivers would still be able to make right turns either on or off Mason Street at those intersections. The closures could be a positive to alternative modes of transportation - allowing bicycle and pedestrian crossing to continue east-west through the corridor without as much vehicular traffic. Signalizing Maple Street could make this intersection easier for MAX buses leaving the Downtown Transit Center. Packet Pg. 328 Agenda Item 18 Item # 18 Page 3 Safety impact Safety at all intersections is the shared goal of the City of Fort Collins and the FRA. The City would not pursue a waiver or quiet zone if this would create a dangerous driving condition. Staff used traffic signal log data to measure the speed of trains along Mason. The average speed of trains in downtown Fort Collins was found to be 18 mph. The low train speed lowers the crash risk index on Mason below the Nationwide Significant Risk Threshold used by the FRA to qualify locations for quiet zone consideration. For perspective, staff calculated the crash risk on average at Mason Street crossings, using FRA methodology, taking into account train speed, and compared that to the crash risk with gates. The table below shows those estimates and also shows average crash risk for a typical signalized intersection in Fort Collins. As can be seen, adding gates has minimal safety benefit. Also, the risk at the crossings on Mason is significantly less than the risk at a typical signalized intersection in Fort Collins. Location Risk Index* Injury Crashes Fatal Crashes Nationwide Significant Risk Threshold (NSRT) 14,347 Mason Grade Crossing without Gates (waiver request) 7,476 1 injury crash every 89 years 1 fatal crash every 556 years Mason Street Grade Crossings QZRI with Gates at 7 Crossings 7,037 1 injury crash every 95 years 1 fatal crash every 588 years Average Signalized Intersection in Fort Collins 191,935 3.2 injury crashes per year 1 fatal crash every 67 years * The Risk Index is the estimated annual cost in dollars of accidents at a given location. FINANCIAL / ECONOMIC IMPACTS Submitting a waiver petition does not immediately result in financial or economic impact to Fort Collins. Staff made an effort to engage residents and the business community ahead of the waiver petition in order to explain the elements of the proposal, possible economic impacts and estimated costs associated with proposed actions. Should the waiver petition be approved by the Federal Railroad Administration, the community and City Council would have an opportunity to provide specific feedback as to whether to proceed with implementation of the approved waiver. ENVIRONMENTAL IMPACTS There are no environmental impacts associated with submitting a waiver petition. BOARD / COMMISSION RECOMMENDATION Staff presented the waiver proposal to the Transportation Board on September 17. PUBLIC OUTREACH Engagement activities included outreach to the public, various boards and commissions, and discussions with downtown community partners such as the Fort Collins Downtown Development Authority and Fort Collins Area Chamber of Commerce. Resident Input Staff has collected contacts received through Access Fort Collins, letters, calls or emails where community members have expressed frustration with the volume, frequency and timing of the train horn noise. Generally, the comments received have sought to have the City take action to address train horn noise or to support actions reported in various news sources. Response to social media postings on City accounts also indicates a Packet Pg. 329 Agenda Item 18 Item # 18 Page 4 trend of support; however, an expectation that safety will be maintained at crossings if train horn sound is reduced has also been expressed. Formal outreach events include: • Community Issues Forum (October 10, 2013): Facilitated by the Center for Public Deliberation, this forum provided residents an opportunity to discuss and contribute ideas and opinions on a variety of topics including train horn noise in downtown. • Open House (October 8, 2014): Residents were invited to attend an Open House on October 8 to discuss the waiver petition. At this meeting, staff heard positive feedback from attendees about the purpose and elements of the proposed waiver petition. Business Community The staff team contacted individual businesses and business organizations representing the area within the rail corridor to seek their feedback on the elements of the proposed waiver. Discussions included the Fort Collins Area Chamber of Commerce, Downtown Development Authority and approximately eight individual meetings. Feedback on the purpose and elements of the proposed waiver petition was generally, though not universally, positive. Staff met in person with representatives of Avogadro’s Number (605 Mason Street), Headturner’s Salon (604 Mason Street), Larimer County Democratic Party (606 Mason Street), U.S. Bank (400 Howes Street), Wells Fargo (401 College Avenue), property owners of 604-606 Mason Street, Urban Lotus Salon and Vixen Nail Bar (421-423 Mason Street), Restaurant 415 (415 Mason Street), and the owner of a proposed development at 401 Mason Street). At each meeting staff presented the purpose and rationale for the project and shared three renderings for possible closures to Magnolia Street or Myrtle Street for consideration. ATTACHMENTS 1. Magnolia & Mason Bollards Rendering (PDF) 2. Magnolia & Mason Bridge Rails Rendering (PDF) 3. Magnolia & Mason Fence Rendering (PDF) 4. Myrtle & Mason Bollards Rendering (PDF) 5. Myrtle & Mason Bridge Rails Rendering (PDF) 6. Myrtle & Mason Fence Rendering (PDF) 7. Railroad Quiet Zone Study Area Map (PDF) 8. Transportation Board minutes, September 17, 2014 (PDF) 9. Powerpoint presentation (PDF) Packet Pg. 330 ATTACHMENT 1 Attachment18.1: Magnolia & Mason Bollards Rendering (2498 : Train Horn Noise Waiver Petition) ATTACHMENT 2 Attachment18.2: Magnolia & Mason Bridge Rails Rendering (2498 : Train Horn Noise Waiver Petition) ATTACHMENT 3 Attachment18.3: Magnolia & Mason Fence Rendering (2498 : Train Horn Noise Waiver Petition) ATTACHMENT 4 Attachment18.4: Myrtle & Mason Bollards Rendering (2498 : Train Horn Noise Waiver Petition) ATTACHMENT 5 Attachment18.5: Myrtle & Mason Bridge Rails Rendering (2498 : Train Horn Noise Waiver Petition) ATTACHMENT 6 Attachment18.6: Myrtle & Mason Fence Rendering (2498 : Train Horn Noise Waiver Petition) Packet Pg. 337 Attachment18.7: Railroad Quiet Zone Study Area Map (2498 : Train Horn Noise Waiver Petition) Transportation Board September 17, 2014 ATTACHMENT 8 Packet Pg. 338 Attachment18.8: Transportation Board minutes, September 17, 2014 (2498 : Train Horn Noise Waiver Petition) 1 Mason Street Quiet Zone Waiver Request ATTACHMENT 9 Packet Pg. 339 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 2 Federal Train Horn Rule Quiet Zone - Requirements Minimum Requirements: • At a minimum gates, flashing lights and constant warning time track circuitry are required at all crossings Other Requirements: • Risk Index below the Nationwide Significant Risk Threshold Packet Pg. 340 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 3 Mason Street Quiet Zone Waiver Request • Mason Street Corridor Quiet Zone Risk Index is below the Nationwide Significant Risk Index • Request would be for a waiver to the Train Horn Rule minimum requirement for gates at seven of eleven crossings. Packet Pg. 341 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 4 Existing Conditions • In 2012 the City spent $1.5 million to upgrade most of the crossings on Mason to include CWT track circuitry, redundant flashing lights and traffic signal upgrades • Also spent $2.5 million to install curbing mid-block between crossings Packet Pg. 342 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 5 Waiver Request STREET RR CIRCUITRY* GATES/ LIGHTS INTERSECTION CONTROL College CWT Gates & Lights n/a Cherry CWT Gates & Lights n/a Maple CWT Lights Only 2-way STOP Laporte CWT Lights Only Signal Mountain CWT Lights Only Signal Oak CWT Lights Only Signal Olive CWT Lights Only Signal Magnolia None None 2-way STOP Mulberry CWT Lights Only Signal Myrtle None None 2-way STOP Laurel CWT Lights Only Signal *CWT = Constant Warning Time Circuitry Packet Pg. 343 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 6 Closure Concept Packet Pg. 344 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 7 Location Risk Index* Injury Crashes Fatal Crashes Nationwide Significant Risk Threshold 14,347 Mason Grade Crossing Quiet Zone Risk Index 7,476 1 injury crash every 89 years 1 fatal crash every 556 Mason Grade Crossing QZRI with Minimum Requirements Met 7,037 1 injury crash every 95 years 1 fatal crash every 588 Average Signalized Intersection in FC 191,935 3.2 injury crashes per year 1 fatal crash every 67 years Risk Indices and Equivalent Crash Risk Packet Pg. 345 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) 8 Questions for Council • Should the City move forward with a waiver request to the Federal Railroad Administration? – Waiver request would include a proposal to close the Myrtle Street and Magnolia Street crossings to motor vehicles. Packet Pg. 346 Attachment18.9: Powerpoint presentation (2498 : Train Horn Noise Waiver Petition) - 1 - RESOLUTION 2014-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO SUBMIT A TRAIN HORN NOISE WAIVER PETITION TO THE FEDERAL RAILROAD ADMINISTRATION WHEREAS, train horn noise along the Mason Street Corridor from Laurel Street northward to College Avenue has been a problem for many years because there are anywhere from eight to fifteen trains utilizing those tracks each day and under the Federal Railroad Administration rules, a locomotive must sound its horn in a four blast pattern at least fifteen seconds before occupying an intersection at sound levels ranging between 96 and 110 decibels; and WHEREAS, after significant public outreach, and upon consultation with Transportation Board, City staff has presented to the City Council a request for permission to file an application with the Federal Railroad Administration for a waiver from the federal requirement for the installation of gates at the seven intersections along the route from Laurel Street to North College Avenue that are currently equipped only with flashing lights; and WHEREAS, as a part of the application, and as an inducement to Federal Railroad Administration, staff has recommended that the City offer to install traffic signals at the intersection of Mason Street and Maple Street and to close the crossing of the intersections at Mason Street and Magnolia and Myrtle Streets; and WHEREAS, the City Council has determined that it is in the best interests of the City that the City Manager submit to the Federal Railroad Administration the proposed request for a waiver in order for a quiet zone to be established along Mason Street from Laurel Street to North College Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to submit a Train Horn Noise Waiver Petition to the Federal Railroad Administration, Rail Safety Board, to establish a quiet zone along Mason Street from Laurel Street to North College Avenue, which request shall propose the installation of a full traffic control signal at the intersection of Maple Street and Mason Street and the closure of the intersections at Mason Street and Magnolia and Myrtle Streets. Packet Pg. 347 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of November, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 348 Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Seth Lorson, City Planner Laurie Kadrich, Community Development & Neighborhood Services Dir Cameron Gloss, Planning Manager SUBJECT Second Reading of Ordinance No. 163, 2014, Amending the Land Use Code to Address Parking Issues Related to the Transit-Oriented Development (TOD) Overlay Zone. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on November 4, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck, Poppaw) amends the Land Use Code to revise residential and commercial off-street parking requirements as recommended by the Transit Oriented Development (TOD) Parking Study, also adopted on November 4. STAFF RECOMMENDATION Staff recommends adoption of the amended Ordinance on Second Reading. During First Reading Council initially made a motion to amend the AMI on page 4 of the staff report to 60%, however that motion was withdrawn in order to approve a Resolution. When the motion was made again, Council included changing the parking minimum column as well. This then moved the parking requirement reduction column to 60% instead of 50%. Since there was no discussion regarding that change, staff believes this was an inadvertent addition to the motion and recommends adoption on Second Reading without any adjustment to the parking requirement reduction column. In light of this, staff is requesting that the Council amend the Ordinance on Second Reading to restore to 50% the parking requirement reduction column for affordable housing projects. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (PDF) 2. Powerpoint presentation (PDF) Packet Pg. 349 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Seth Lorson, City Planner Laurie Kadrich, Community Development & Neighborhood Services Dir Cameron Gloss, Planning Manager SUBJECT Items Relating to the Transit-Oriented Development (TOD) Parking Study and Revised TOD Off-Street Parking Requirements. EXECUTIVE SUMMARY A. Resolution 2014-100 Approving the Transit-Oriented Development (TOD) Parking Study. B. First Reading of Ordinance No. 163, 2014, Amending the Land Use Code to Address Parking Issues Related to the Transit-Oriented Development (TOD) Overlay Zone. The purpose of this item is to consider approval of the Transit Oriented Development (TOD) Parking Study and corresponding revisions to residential and commercial off-street parking requirements within the Land Use Code (LUC). At its September 11, 2014 meeting, Planning and Zoning Board recommended adoption of the following LUC revisions: Residential 1. Minimum parking requirements for multi-family and mixed-use dwellings; and 2. Alternative compliance. Commercial* 1. Minimum parking requirements for nonresidential land uses city-wide; and 2. Alternative compliance. *The commercial parking recommendation was qualified as a necessary interim measure until a comprehensive parking management approach is adopted. The management approach includes on-street paid parking and residential parking permit programs at the perimeter, public parking garages, and a transportation demand management (TDM) program. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION City Council Work Session – May 27, 2014 At the May 27 City Council Work Session, the following feedback was provided: ATTACHMENT 1 Packet Pg. 350 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) Agenda Item 15 Item # 15 Page 2 1. City Council generally supports the Study’s recommendations; 2. Two options for minimum parking requirements should be provided for multi-family dwellings: a. Retain temporary standards; or b. Adopt recommended standards; 3. Alternative compliance needs to demonstrate effective reductions in parking demand; 4. The City should pursue public-private partnerships for parking structures and off-site parking in the near- term; and 5. The effectiveness of MAX and parking conditions should be monitored in the long-term. TOD Parking Study Recommendations In 2013, as infill and redevelopment activity increased in the TOD Overlay Zone, the Planning and Zoning Board and the City Council expressed concerns about the lack of development-provided parking spaces in relation to the parking demand and the potential for spillover parking into adjacent neighborhoods. Concerns have also been expressed about the need for parking structures to accommodate the envisioned density. To address these concerns, the City Council adopted a “stop-gap” ordinance requiring minimum off-street parking in the TOD Overlay Zone. The temporary minimum requirement is 70% of the existing standard with an alternative compliance element that permits reduced parking if supported through a parking impact study. Staff and a consultant have conducted extensive public outreach and research on national best practices as part of the Study. The community has provided consistent feedback that, although the City’s vision for walkable and transit-oriented infill and redevelopment is commendable, and cars may not be needed for routine trips, residents still own cars and, therefore, vehicle storage and access needs to be accommodated. At the May 5 Planning and Zoning Board hearing, the Board voted unanimously to recommend that City Council adopt the TOD Parking Study and accompanying Land Use Code (LUC) revisions, with the following key recommendations: 1. Provide minimum parking requirements that vary according to land use (Land Use Code); 2. Allow for alternative compliance based on parking demand mitigation strategies (Land Use Code); 3. Provide on-street paid parking in downtown, employing the newest management technology; 4. Develop public-private partnerships to construct parking structures; and 5. Continue monitoring parking conditions. The first two recommendations listed above are proposed to be implemented as revisions to the Land Use Code. (Discussion regarding residential and commercial land use recommendations are found on page three.) Recommendations three and four are policy direction for implementation which is outside the scope of the Parking Study. However, recommendation three, on-street paid parking, is already being considered for further outreach and implementation by Parking Services through a budget offer for 2015-16. Recommendation four, public-private partnerships for parking structures will be managed by the Economic Health Office to create the criteria necessary to implement such partnerships. In addition to the minimum parking requirements and alternative compliance provisions staff is recommending the following Land Use Code changes that will assist in getting right-sized parking:  Require a parking narrative as a submittal requirement in which an applicant will describe the parking demand generated by the proposal with consideration of the anticipated number of employees, tenants, and/or patrons; the amount and location of parking provided; where anticipated spill-over parking will occur; and, any other considerations regarding vehicle parking;  Revise the compatibility section of the Code to enable decision maker(s) to require an increased amount of parking;  Require that all parking demand mitigation strategies are recorded on the approved site plan so that the strategies can be enforced for the life of the project through zoning compliance; and  Create a definition of Transportation Demand Management (TDM) for the interim period of time prior to an adopted bona fide program so that a private proposal may utilize this strategy. Packet Pg. 351 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) Agenda Item 15 Item # 15 Page 3 Land Use Code Revisions – Residential in the TOD Overlay Zone Prior to the “stop-gap” ordinance, no minimum parking was required for mixed-use and multi-family residential in the TOD Overlay Zone. The chart below provides the existing (temporary – expires December 2014) and proposed parking requirements for mixed-use and multi-family residential developments within the TOD Overlay Zone. Number of Bedrooms per Unit Temporary Requirements Proposed Requirements* One or less 1.1 0.75 Two 1.2 1 Three 1.4 1.25 Four and above 2.1 1.5 Rent-by-the-bedroom All bedrooms N/A 0.75 * Maximum of 115% of minimum requirement unless provided in a structure. Examples Development Units – Bedrooms Parking Provided Temporary Requirement Proposed Requirement Max Flats 64 – 98 64 Spaces 87 Spaces 74 Spaces Penny Flats 174 – 311 312 Spaces 210 Spaces 165 Spaces Pine Street Lofts 14 – 21 26 Spaces 16 Spaces 12 spaces Attachment 2 is an extensive analysis of multi-family developments within the TOD Overlay which compares the ratio of parking spaces to bedrooms for 10 additional projects. Land Use Code Revisions – Commercial Citywide Currently, nonresidential land uses do not have minimum parking requirements and are limited to a maximum number of spaces. The proposed standards would create a minimum parking requirement of approximately 50% of the maximum permitted. Exemptions are proposed for existing buildings and reductions within the TOD Overlay Zone. The proposed requirements can be found in the attached ordinance. The following chart shows the amount of parking spaces required for commercial development under the proposed change. Examples: Development On-Site Parking Provided Off-Site Parking Provided Parking Required if Minimums Adopted Inside TOD Overlay Zone 401 N. Mason (Mason Street Sustainable Development) 0 11 22 Canyon Place (Otterbox) 0 310 for the Otterbox campus 60 Mitchell Block (Bohemian) 12 0 32 Meldrum Office Building (Blue Ocean Headquarters) 6 310 for the Otterbox campus 37 Packet Pg. 352 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) Agenda Item 15 Item # 15 Page 4 Block 1 (Encompass) 65 0 36 Outside TOD Overlay Zone Villagio 357 (maximum 401 spaces) 0 185 Custom Blending 48 (maximum + 3 handicap spaces) 0 30 Brinkman Headquarters 95 (maximum + 3 handicap spaces) 0 31 Land Use Code Revisions – Alternative Compliance The proposed alternative compliance option, for both commercial and residential land uses, provides flexible parking demand mitigation consistent with the vision for development within the TOD Overlay Zone. With future infill and redevelopment projects generally envisioned to be compact, transit and pedestrian friendly, with less area dedicated to surface parking lots, applicants have the ability to reduce the amount of parking provided when parking demand mitigation strategies are employed. The following chart shows demand mitigation strategies and the corresponding parking reduction. Demand Mitigation Strategy** Parking Requirement Reduction*** Affordable Housing Dwelling Unit (< 50% AMI) 50% Transit Passes for each tenant 10% Car Share 5 spaces/1 car share Within 1,000 feet walking distance of MAX Station. (Walking distance shall mean an ADA-compliant, contiguous improved walkway measured from the most remote building entrance to the transit station and contained within a public ROW or pedestrian easement.) 10% Bicycle & Pedestrian LOS A 10% Off-Site Parking 1:1 Shared Parking Based on Approved Alternative Compliance Parking Impact Study Based on Approved Alternative Compliance Transportation Demand Management (TDM) Based on Approved Alternative Compliance **All demand mitigation strategies shall be shown on the site plan and in the Development Agreement and subject to audit for the duration of the project. *** Maximum of 50% reduction without provision of a Parking Impact Study or Transportation Demand Management. (Residential Only) The parking demand mitigation strategies (included in the above LUC revisions) have been shown effective in reducing the need for extensive on-site parking. The proposed reductions were based on information cited below. Affordable Housing – Families earning 24% - 36% area median income (AMI) have a 44% lower vehicle ownership rate. (Source: www.nonprofithousing.org) Packet Pg. 353 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) Agenda Item 15 Item # 15 Page 5 Transit Passes – The table below illustrates the effects of providing transit passes: Location: Drive to Work Transit to Work Introduction of transit passes Before After Difference Before After Difference Santa Clara, CA 76% 60% -16% 11% 27% 16% Bellevue, WA 81% 57% -24% 13% 18% 6% Ann Arbor, MI N/A -4% -4% 20% 25% 5% Boulder, CO 56% 36% -20% 15% 34% 19% Average -16% 12% Source: Traffic Reduction Strategies Study, City of Pasadena, Nelson Nygaard Car Share – Studies have shown that carshare members reduce their car ownership. A study of City Carshare members found that 29% of members either sold vehicles or avoided planned vehicle purchases when they joined the program (Cervero et al., 2007). In a more recent national survey, carshare members reduced their vehicle ownership from an average of .47 autos per household before joining a carshare program to .24 vehicles after joining (Martin, Shaheen, & Lidicker, 2010). Notably, most of this ownership reduction was due to one-car households becoming zero-car households, with many fewer two-car households joining and reducing their auto ownership. Over half of carshare members were in zero-car households when they joined, and remained so. Still, enough households shed a vehicle after joining carshare or avoided purchasing a vehicle, that each carshare vehicle replaced 9 to 13 private vehicles. Bike and Pedestrian Level of Service (LOS) A – The Victoria Transport Policy Institute - Walking and cycling improvements result in a typical parking reduction of 5 - 15%. (See table in Draft TOD Parking Study on page 26.) Parking Impact Study – This proposed provision permits a development proposal to provide a comprehensive study of parking conditions on and around their site in order to justify a lower or higher parking ratio than required. (See attached Parking Impact Study Guidelines.) BOARD / COMMISSION RECOMMENDATION The following boards were closely involved with the TOD Parking Study and were asked to formally recommend to approve the TOD Parking Study, adopt residential and commercial parking requirements, and alternative compliance. Topic and Recommendation Board Approve TOD Parking Study Adopt Residential Parking Requirements Adopt Commercial Parking Requirements Adopt Alternative Compliance Planning and Zoning Board YES YES YES YES Parking Advisory Board YES YES NO YES Transportation Board YES YES NO YES Packet Pg. 354 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) Agenda Item 15 Item # 15 Page 6 Planning and Zoning Board At its May 5, 2014 meeting, the Board voted unanimously to recommended adoption of the TOD Parking Study. At the September 11 meeting, the Board made separate motions for residential and commercial requirements. The Board voted unanimously (6-0) to adopt the residential parking requirements and corresponding alternative compliance, and a split vote (5-1) to adopt the commercial parking requirements and corresponding alternative compliance. The vote to approve commercial parking requirements was qualified as a necessary interim measure until a comprehensive parking management approach, as seen in many peer communities, is adopted which includes on-street paid parking (Study recommendation) and residential parking permit programs at the perimeter (existing), public parking garages (Study recommendation), and a transportation demand management (TDM) program (Study recommendation). Parking Advisory Board At its May 12, 2014 meeting, the Board unanimously voted to recommend adoption of the TOD Parking Study. However, the Board expressed the following concerns: need to be sensitive to the impacts minimum parking requirements may have on affordable housing; investment in a Transportation Demand Management (TDM) program is important; and on-street paid parking will require more public outreach before implementation. At its July 14 meeting, the Board voted to recommend minimum parking requirements for residential but voted against minimum parking requirements for commercial citing concerns that it may deter development and market conditions will provide for parking. Transportation Board At its July 16, 2014 meeting, the Board unanimously voted to recommend minimum parking requirements for residential but voted against minimum parking requirements for commercial citing concerns that it may deter development and market conditions will provide for parking. PUBLIC OUTREACH Staff has conducted outreach throughout the entirety of the study engaging targeted stakeholders, formal organizations, the public-at-large, and City Boards and Commissions. Primarily, the topic has been presented in face-to-face meetings and also online tools such as the City’s website, Facebook, Mason Corridor Connection E-newsletter, Nextdoor, and an online survey. In general public comments indicate: o Spillover parking from CSU and new student housing is an issue; o the concept of less parking in the TOD Overlay may be sufficient in the long term but the transit is not yet running; o people may be able to perform routine trips via bikes, walking, and transit, but still own a car for longer trips; o parking requirements should be applied according to land use and site specific conditions; o on-street paid parking makes sense in the Downtown; and o parking structures are appropriate. (More detailed outreach information can be found in the Draft TOD Parking Study on page 54.) Community Engagement Strategy #1: Focus group presentations to key stakeholders o Groups Engaged  UniverCity Connections, Transit and Mobility Taskforce, January 7  Developers, January 22-23  Commercial property owners, January 22-23  Design community/planners, January 22-23  Board of Realtors, February 11, May 13, July 10 Packet Pg. 355 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) Agenda Item 15 Item # 15 Page 7  Overland Sertoma Club, February 19  Downtown Business Association, March 20  Downtown Development Authority, August 14  North Front Range MPO & Larimer County Mobility Council, April 17  Chamber of Commerce, April 18, August 1  CREW of Northern Colorado, June 4  South Fort Collins Business Association, October 7 Community Engagement Strategy #2: Engage City Boards and Commissions o Groups Engaged  Planning and Zoning Board, Mar. 7, April 4, May 8, July 10, September11  Parking Advisory Board, December 9, March 10, May 12, July 14  Transportation Board, March 19, July 16  Affordable Housing Board, April 3  Economic Advisory Commission, May 21  City Council Work Session, May 27 Community Engagement Strategy #3: General Public Involvement o Project Booth at Transportation Open House (February 20)  Attendees: 150+ o Online Presence & Social Media  Project Web page on City Web site  City Facebook page  Mason Corridor Connection E-newsletter  Development Review List Serve o 328 Subscribers  Nextdoor Web Posting o 4,174 total members o 3,330 households o Targeted Neighborhood Meetings  Downtown Neighborhoods, March 6  Midtown Neighborhoods, March 11  Campus Area/Avery Park Neighborhoods, March 27 o Tactic: Engage Media  Article in Coloradoan (March 5)  Neighborhood Services E-Newsletter ATTACHMENTS 1. Map - TOD Overlay Zone (PDF) 2. TOD Projects Parking Comparison (PDF) 3. Parking Impact Study Guidelines (PDF) 4. City Council Work Session Summary, May 27, 2014 (PDF) 5. Powerpoint presentation (PDF) Packet Pg. 356 Attachment19.1: First Reading Agenda Item Summary, November 4, 2014 (w/o attachments) (2597 : SR 163 TOD LUC Amendments) 1 Transit-Oriented Development (TOD) Parking Study and Land Use Code Revisions City Council 2nd Reading - November 18, 2014 ATTACHMENT 2 Packet Pg. 357 Attachment19.2: Powerpoint presentation (2597 : SR 163 TOD LUC Amendments) 2 Ordinance No. 163, 2014 (11-4-14) Packet Pg. 358 Attachment19.2: Powerpoint presentation (2597 : SR 163 TOD LUC Amendments) 3 Ordinance No. 163, 2014 (11-18-14) Packet Pg. 359 Attachment19.2: Powerpoint presentation (2597 : SR 163 TOD LUC Amendments) 4 THANK YOU! Packet Pg. 360 Attachment19.2: Powerpoint presentation (2597 : SR 163 TOD LUC Amendments) - 1 - ORDINANCE NO. 163, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ADDRESS PARKING ISSUES RELATED TO THE TRANSIT-ORIENTED DEVELOPMENT (TOD) OVERLAY ZONE WHEREAS, the Transit-Oriented Development (“TOD”) Overlay Zone historically had no minimum parking requirements and, in 2013, the Planning and Zoning Board (the “Board”) and the City Council expressed concerns about the lack of development-provided parking spaces in relation to the parking demand and the potential for spillover parking into adjacent neighborhoods; and WHEREAS, City staff was instructed to address this parking problem temporarily by the presentation to the City Council for adoption of Ordinance No. 121, 2013, which imposed certain minimum parking requirements in the TOD Overlay Zone and which temporary parking ordinance, following its extension by Ordinance No. 107, 2014, expires in December 2014; and WHEREAS, City staff has now conducted extensive public outreach and research on potential solutions to the problem of parking spillover while supporting the City’s goal of encouraging walkable and transit-oriented infill and redevelopment recognizing that even in the TOD Overlay Zone there will be motor vehicles both in usage and in storage; and WHEREAS, the extensive public outreach, and presentation to the Board, the Board recommended that the Land Use Code be amended to establish minimum parking requirements that vary according to land use and to allow for alternative compliance solutions based upon a parking impact study, shared parking, or transportation demand management proposals; and WHEREAS, the City Council has determined that the proposed changes to the Land Use Code are in the best interests of the City and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.2.2 of the Land Use Code is hereby amended to read as follows: 3.2.2 Access, Circulation and Parking . . . (D) Access and Parking Lot Requirements. All vehicular use areas in any proposed development shall be designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation that will use the system, (including, without limitation, cars, trucks, buses, bicycles and emergency vehicles). . . . Packet Pg. 361 - 2 - (3) Location. Only off-street parking areas provided to serve uses permitted in a zone district predominated by residential uses will be allowed in such district. (a) Required off-street parking spaces shall be located on the same lot or premises as the building or use for which they are required unless: 1. such spaces are provided collectively by two (2) or more buildings or uses on abutting lots in a single parking area located within the boundaries of those abutting lots, and the total number of parking spaces supplied collectively is equal to the number of spaces required by this subdivision for each use considered separately, or 2. an alternative location is approved by the Director provided that the Director must have determined that such location is permanent and provides close and easy access to users. . . . (G) Shared Parking. Where a mix of uses creates staggered peak periods of parking demand, shared parking calculations shall be made to reduce the total amount of required parking. Retail, office, institutional and entertainment uses may share parking areas. . . . (K) Parking Lots - Required Number of Off-Street Spaces for Type of Use. (1) Residential and Institutional Parking Requirements. Residential and institutional uses shall provide a minimum number of parking spaces as defined by the standards below. (a) Attached Dwellings: For each two-family and multi-family dwelling there shall be parking spaces provided as indicated by the following table: Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit* One or less 1.5 Two 1.75 Three 2.0 Four and above 3.0 * Spaces that are located in detached residential garages (but not including parking structures) or in attached Packet Pg. 362 - 3 - residential garages, which attached garages do not provide direct entry into an individual dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the dwelling unit rental rate or purchase price). 1. Multi-family dwellings and mixed-use dwellings within the Transit-Oriented Development (TOD) Overlay Zone shall provide a minimum number of parking spaces as shown in the following table: Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit * One or less 0.75 Two 1 Three 1.25 Four and above 1.5 Rent-by-the Bedroom Parking Spaces Per Bedroom All bedrooms 0.75 *Maximum of 115% of minimum requirement unless provided in a structure. a. Multi-family dwellings and mixed-use dwellings within the Transit-Oriented Development (TOD) Overlay Zone may reduce the required minimum number of parking spaces by providing demand mitigation elements as shown in the following table: Packet Pg. 363 - 4 - Demand Mitigation Strategy** Parking Requirement Reduction*** Affordable Housing Dwelling Unit for Sale or for Rent (equal to or less than 60% Area Median Income) 60% Transit Passes for each tenant 10% Car Share 5 spaces/1 car share Within 1,000 feet walking distance of MAX Station. (Walking distance shall mean an ADA-compliant, contiguous improved walkway measured from the most remote building entrance to the transit station and contained within a public ROW or pedestrian easement.) 10% Bicycle & Pedestrian Level of Service A 10% Off-Site Parking 1:1 Shared Parking Based on Approved Alternative Compliance Parking Impact Study Based on Approved Alternative Compliance Transportation Demand Management (TDM) Based on Approved Alternative Compliance **All demand mitigation strategies shall be shown on the site plan and in the Development Agreement and shall be subject to audit for the duration of the project. *** Maximum of 50% reduction without provision of a Parking Impact Study or Transportation Demand Management. 2. Alternative Compliance. Upon written request by the applicant, the decision maker may approve an alternative parking ratio, other than the minimum required in the TOD Overlay Zone per subparagraph 3.2.2(K)(1)(a)(1), that may be substituted in whole or in part for a ratio meeting the standards of this Section. a. Procedure. Alternative compliance parking ratio plans shall be prepared and submitted in accordance with the submittal requirements for plans as set Packet Pg. 364 - 5 - forth in this Section. The request for alternative compliance must be accompanied by a Parking Impact Study, Transportation Demand Management proposal, or Shared Parking Study which addresses issues identified in the City’s submittal requirements for such studies. b. Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section and the TOD Overlay Zone (3.10) equally well or better than would a plan which complies with the standards of these Sections. In reviewing the request for an alternative parking ratio plan in order to determine whether it accomplishes the purposes of this Section, the decision maker shall take into account the objective and verifiable results of the Parking Impact Study, Transportation Demand Management proposal, or Shared Parking Study together with the proposed plan's compatibility with surrounding neighborhoods in terms of potential spillover parking. . . . (2) Nonresidential Parking Requirements: Nonresidential uses shall provide a minimum number of parking spaces, and will be limited to a maximum number of parking spaces as defined by the standards defined below. (a) The table below sets forth the number of minimum required and maximum allowed parking spaces based on the square footage of the gross leasable area and of the occupancy of specified uses. In the event that on-street or shared parking is not available on land adjacent to the use, then the maximum parking allowed may be increased by twenty (20) percent. Use Minimum Parking Spaces Maximum Parking Spaces Restaurants a. Fast Food b. Standard 7/1000 sq. ft. 5/1000 sq. ft. 15/1000 sq. ft. 10/1000 sq. ft. Bars, Taverns, and Nightclubs 5/1000 sq. ft. 10/1000 sq. ft. Packet Pg. 365 - 6 - Commercial Recreational a. Limited Indoor Recreation b. Outdoor c. Bowling Alley 3/1000 sq. ft. .1/person cap 2.5/1000 sq. ft. 6/1000 sq. ft. .3/person cap 5/1000 sq. ft. Theaters 1/6 seats 1/3 seats General Retail 2/1000 sq. ft. 4/1000 sq. ft. Personal Business and Service Shop 2/1000 sq. ft. 4/1000 sq. ft. Shopping Center 2/1000 sq. ft. 5/1000 sq. ft. Medical Office 2/1000 sq. ft. 4.5/1000 sq. ft. Financial Services 2/1000 sq. ft. 3.5/1000 sq. ft. Grocery Store, Supermarket 3/1000 sq. ft. 6/1000 sq. ft. General Office 1/1000 sq. ft. 3/1000 sq. ft. or .75/employee on the largest shift or 4.5/1000 sq. ft. if all additional parking spaces gained by the increased ratio (over 3/1000 sq. ft.) are contained within a parking garage/structure Vehicle Servicing & Maintenance 2/1000 sq. ft. 5/1000 sq. ft. Low Intensity Retail, Repair Service, Workshop and Custom Small Industry 1/1000 sq. ft. 2/1000 sq. ft. Lodging Establishments 0.5/unit 1/unit Health Facilities a. Hospitals b. Long-Term Care Facilities 0.5/bed 1/bed .33/bed plus 1/two employees on major shift Industrial: Employee Parking 0.5/employee .75/employee Packet Pg. 366 - 7 - (b) Existing Buildings Exemption: Change in use of an existing building shall be exempt from minimum parking requirements. For the expansion or enlargement of an existing building which does not result in the material increase of the building by more than twenty-five (25) percent, but not to exceed five thousand (5,000) square feet in the aggregate, shall be exempt from minimum parking requirements. For the redevelopment of a property which includes the demolition of existing buildings, the minimum parking requirement shall be applied to the net increase in the square footage of new buildings. (c) TOD Overlay Zone Exemption: If new development is proposed within the Transit-Oriented Development (TOD) Overlay zone, twenty-five (25) percent of the square footage of gross leaseable area of such new development, but not to exceed five thousand (5,000) square feet in the aggregate, shall be exempt from minimum parking requirements. The exemption shall be distributed proportionally among the uses contained in a mixed-use development. (d) For uses that are not specifically listed in subsections 3.2.2(K)(1) or (2), the number of parking spaces permitted shall be the number permitted for the most similar use listed. (e) For non-residential uses within the Transit-Oriented Development (TOD) Overlay Zone the required minimum number of parking spaces may be reduced by providing demand mitigation strategies as shown in the following table: Demand Mitigation Strategy** Parking Requirement Reduction Transit Passes for every employee within the development 10% Car Share 5 spaces/1 car share Within 1,000 feet walking distance of MAX Station. (Walking distance shall mean an ADA-compliant, contiguous improved walkway measured from the most remote building entrance to the transit station and contained within a public ROW or pedestrian easement.) 10% Off-Site Parking 1:1 Bicycle & Pedestrian Level of Service A 10% Packet Pg. 367 - 8 - Shared Parking Based on approved alternative compliance Parking Impact Study Based on approved alternative compliance Transportation Demand Management (TDM) Based on approved alternative compliance **All demand mitigation strategies shall be shown on the site plan and in the Development Agreement and shall be subject to audit for the duration of the project. (3) Alternative Compliance. Upon written request by the applicant, the decision maker may approve an alternative parking ratio (as measured by the number of parking spaces based on the applicable unit of measurement established in the table contained in Section 3.2.2(K)(2)(a) for nonresidential land uses or the number of parking spaces based on use for recreational and institutional land uses) that may be substituted in whole or in part for a ratio meeting the standards of this Section. (a) Procedure. Alternative compliance parking ratio plans shall be prepared and submitted in accordance with the submittal requirements for plans as set forth in this Section. Each such plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. The request for alternative compliance must be accompanied by a Parking Impact Study, Transportation Demand Management analysis, or Shared Parking Study which addresses issues identified in the City’s submittal requirements for such studies. . . . Section 2. That Section 3.5.1(J) of the Land Use Code is hereby amended to read as follows: 3.5.1 Building and Project Compatibility . . . (J) Operational/Physical Compatibility Standards. Conditions may be imposed upon the approval of development applications to ensure that new development will be compatible with existing neighborhoods and uses. Such conditions may include, but need not be limited to, restrictions on or requirements for: Packet Pg. 368 - 9 - (1) hours of operation and deliveries; (2) location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare; (3) placement of trash receptacles; (4) location of loading and delivery zones; (5) light intensity and hours of full illumination; (6) placement and illumination of outdoor vending machines; (7) location and number of off-street parking spaces. Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Transportation Demand Management” which reads in its entirety as follows: Transportation Demand Management shall mean a comprehensive program utilizing strategies to be implemented that result in more efficient use of transportation and parking resources. These strategies typically include, but are not limited to, transit subsidies, enhanced bicycle facilities, car/vanpool options, and shared parking. Introduced, considered favorably on first reading, and ordered published this 4th day of November, 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 369 - 10 - Passed and adopted on final reading on this 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 370 Agenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Steven Catanach, Light & Power Operations Manager Lance Smith, Strategic Financial Planning Manager Janet McTague, Utilities Project Engineering Supervisor SUBJECT First Reading of Ordinance No. 136, 2014, Amending Chapter 26 of the City Code Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or Modified Electric Service Connections. (Option A or B) EXECUTIVE SUMMARY The purpose of this item is to revise (Option A) or clarify (Option B) the City Code provisions relating to Electric Development Fees, in particular, Electric Capacity Fee Charges. The Ordinances clarify that the fees due are based on the rates effective on the date of final payment, but Council is presented with two options on how the fees are to be collected.  Option A: Option A is a timing change from current Code requirements. This option requires that 100% of the Electric Capacity Fee (ECF) be payable prior to the Utility initiating construction of the electric distribution system. Rates in effect at the time of payment would apply. Currently, only 50% of the fee is payable prior to construction with the remainder due prior to the electric system being energized. Option A also addresses how invoices issued prior to the adoption of this ordinance would be addressed.  Option B: Option B does not change the timing of current Code requirements. It requires at least 50% of the Electric Capacity Fee (ECF) to be paid as a deposit prior to the Utility initiating construction of the electric distribution system. The remaining ECF (final payment) would be due prior to the system being energized. Rates in effect at the time of final payment would apply to the entire development. Because Option B is not a change from current practice or intent of the current code, it would apply to all invoices issued before or after the adoption. No changes to the Electric Development Fee amounts are proposed as part of this ordinance. The ordinance changes the verbiage only. 2015 Electric Development Fee rate amounts are being adjusted in Ordinance No. 155, 2014 which was approved on first reading on October 21, 2014 and is scheduled for second reading on November 18, 2014. STAFF RECOMMENDATION Staff recommends adoption of Option A of the Ordinance on First Reading. BACKGROUND / DISCUSSION Light and Power crews construct the electric distribution system to serve all new developments in the city limits. The developer is responsible for the costs of this construction. The fees to recover the cost are adopted by Council by Ordinance and are codified in Chapter 26 Sections 26-473 through 26-475 of the City Code. Packet Pg. 371 Agenda Item 20 Item # 20 Page 2 The current Code language requires developers to pay 50% of the fees prior to the Utility beginning construction of the electric system and the remaining 50% prior to the system being energized. This 50-50 payment has been the practice for at least 40 years. The current Code language also addresses the situation where the fees have increased between the time they are invoiced and the time they are paid, stating “If there is an increase in said fees between the time of application for electric service and the actual payment of the fees, the fee rates in effect at the time of payment shall apply.” Staff has consistently interpreted this to mean the rates at the time of final payment shall apply; however, it has recently been interpreted by others to read that rates in effect at the time of the first 50% payment would apply. Both Option A and B of this ordinance rewrite the Code to avoid this confusion and conflict in the future. In each option, the fees in effect at the time of final payment would apply. Two options are being presented for Council consideration. Option A revises the City Code to make the full Electric Capacity Fee (ECF) payable prior to the Utility scheduling construction of the electric distribution system to serve the development. This option has the following benefits over the existing language and Option B:  Option A avoids any possible confusion as to what fee is applicable and is easier for staff to administer.  Xcel Energy, who provides natural gas service throughout the City, has revised its construction policies to require that the electric system be installed and energized prior to installation of Xcel’s natural gas system. This change requires that the electric system be energized much sooner than was needed in the past. Maintaining the 50-50 policy would require the ECF balance to be paid shortly after the first 50% in order to get the electric system energized prior to Xcel’s work. Because of this recent change in construction sequence, a single payment prior to construction should not result in any additional burden on the developers’ cash flow.  Option A eliminates the rare situation where the developer pays the first 50% of development fees, the electric distribution system is completely built, and then the project is delayed or abandoned. When this occurs, Light and Power resources are tied up to finance 50% of the costs of the construction until such time that the project is revived. Option B is merely a rewrite of current Code to make the language clearer. Under this option, the first 50% payment would be considered a deposit required before the construction would be scheduled. The ECF balance would be due prior to the system being energized. The ECF due at time of final payment would be based on the fees in effect on the date the final payment was made with a credit for any previous payments or deposits. Either option would be made effective 10 days after second reading. Option A allows for invoices issued prior to the effective date, including any currently outstanding invoices, to continue to be paid on a 50-50 basis at current rates until January 1, 2015. Any unpaid invoices as of that January date would then become 100% payable prior to construction continuing and/or energization of the electric system at the Electric Development Fee rates in effect at the time of payment. Ordinance 136, 2014 was originally discussed by City Council on October 7, 2014. At that time several issues were of concern to Councilmembers and the Ordinance was postponed to November 18, 2014 to allow for additional public outreach with the development community. One concern expressed at the October 7th discussion focused on the timing of these payments and the timing of construction for the development’s electric system. Each option of the ordinance has been revised to address this concern. The Light and Power Project Engineering Staff and Field Service Crews are in close contact with the developers throughout the project. Utility construction is completed according to a detailed utility construction schedule (typically based on the depth of the Utility) as specified by the Electric Construction Rules and Regulations. Once payment has been received and all required work by other utilities and the developer is completed in accordance with the schedule, the Light and Power Utility will commence construction. Should the work load of Light and Power crews be such that construction cannot begin when all Packet Pg. 372 Agenda Item 20 Item # 20 Page 3 requirements are met and the electric construction is requested, the development projects will be constructed in the order in which the payments are received. This clarification has been added to each option of the proposed ordinance. FINANCIAL / ECONOMIC IMPACTS Neither option changes the amount of electric development fees due for any project. However, Option A requires the full ECF to be paid before the electric distribution system can be scheduled for construction. BOARD / COMMISSION RECOMMENDATION The Energy Board discussed this topic at its October 2, 2014 Board Meeting. The following motion was passed unanimously: “Energy Board recommends City Council adopt Option A of the Ordinance being presented for first reading on October 7, 2014 making changes to the City Code regarding the electric capacity fee.” PUBLIC OUTREACH Out-of-city customers were notified of the proposed ordinance and a public notice was issued in the Coloradoan. A letter was sent to 25 developers explaining the two options and inviting the developers to an open house to review the changes and provide feedback. No comments were received on either option. ATTACHMENTS 1. Energy Board Minutes, October 2, 2014 (PDF) 2. Electric Development Project Timeline (PDF) 3. Electric Contractor Letter (PDF) 4. Powerpoint presentation (PDF) Packet Pg. 373 DRAFT EXCERPT Energy Board October 2, 2014 Minutes 1 Fort Collins Utilities Energy Board Minutes Thursday, October 2, 2014 Energy Board Chairperson City Council Liaison Greg Behm, 226-6161 Ross Cunniff, 420-7398 Energy Board Vice Chairperson Staff Liaison Peter O’Neill, 288-4562 Steve Catanach, 416-2622 Roll Call Board Present Vice Chairperson Peter O’Neill, Board Members John Graham, Stacey Baumgarn, Phil Friedman, Nick Michell, Michael Doss Board Absent Chairperson Greg Behm, Board Member Margaret Moore, Peggy Plate. Staff Present Steve Catanach, John Phelan, Lucinda Smith, Lance Smith, Cyril Vidergar, and Katherine Martinez Guests Adam Perry (Platte River Power Authority) Meeting Convened Vice Chairperson O’Neill called the meeting to order at 5:30 p.m. …. Electric Capacity Fee Code Revisions (Attachments available upon request) Strategic Financial Planning Manager Lance Smith gave a brief presentation on proposed changes and clarification of City Code regarding the Electric Capacity Fee, to be presented to City Council for first reading on October 21. No changes to the fee are proposed; only the ordinance’s verbiage. There are two fees, the electric capacity fee (to provide service to the development site) based on the average cost of what it costs us to build out our system, and the building site charge (for installation of onsite electric service facilities) specific to a project. How the City collects that charge requires clarification because the current process calls for rates in effect at the time of final payment to apply to the entire development, which means the rate paid at the time of the 50% deposit could be different than the rate paid upon completion of the project. Mr. Catanach gave an example. If the City approves a project in 2013 that costs $200,000, the developer pays the 50% deposit: $100,000. In 2014, the remaining balance is $100,000 plus the amount owed because of the 10% rate increase that applies to the total amount; the developer would owe the City $120,000. Developers have pointed out this ambiguity. Highlights of the Discussion  A board member inquired whether the City is charging a rate or charging for work done. ATTACHMENT 1 Packet Pg. 374 Attachment20.1: Energy Board Minutes, October 2, 2014 (2470 : Changes to Electric Capacity Fee (ECF)) DRAFT EXCERPT Energy Board October 2, 2014 Minutes 2  Mr. Catanach replied they’re charging a rate, and explained calculations cover the cost of the entire system over a four square-mile area; a development pays less if it’s closer to the substation than other developments.  A board member inquired what problem are we trying to solve. Mr. Smith replied that it’s specifically the scenario Mr. Catanach described, and that Option A removes any ambiguity.  A board member inquired if developers have asked about the proposed change. Mr. Catanach stated the proposed changes happened so quickly they haven’t been able to discuss it with developers, but past open houses on related topics had low attendance.  Mr. Smith stated staff recommends Option A, which requires 100% of the Electric Capacity Fee to be payable prior to construction of a development’s electric distribution system. It should not pose a financial burden on developers because they already have to pay an accelerated payment due to Xcel Energy’s policy.  A board member inquired about approximate fee costs. Mr. Catanach replied that a multi- million subdivision would pay $200,000 to $300,000.  A board member inquired if there is a perception that the City is losing revenue the way the process is set up now. Mr. Catanach replied no, the City doesn’t see a loss of revenue due to levelized cost of materials. The goal is to remove the ambiguity from the City Code.  A board member inquired about giving developers a choice of Option A or B. Mr. Smith replied staff would prefer not to deal with that complexity. Option A avoids any confusion and is more efficient for staff to administer.  A board member commented Option A ensures a streamlined process. Board Member Graham moved that the Energy Board recommends City Council adopt Option A of the Ordinance being presented for first reading on October 7, 2014 making changes to the City Code regarding the electric capacity fee. Board Member Michell seconded the motion. Vote on the motion: It passed unanimously. …. Packet Pg. 375 Attachment20.1: Energy Board Minutes, October 2, 2014 (2470 : Changes to Electric Capacity Fee (ECF)) Fort Collins Utilities Light and Power Department Project Development Timeline  First contact with Light and Power is at the conceptual or preliminary design stage as the utility works with the developer to determine the availability of power for all types of projects.  Prior to the final submittal by the developer, Light and Power coordinates with the developer, other utilities and other departments to identify electric utility location relative to site constraints and other utilities. Residential Development Commercial Development Once a final plat is received, a final design is completed based on utility coordination outcome. Once a final plat, final site plan and loading information are received, a final design is completed based on utility coordination outcome Billing is initiated at the request of the developer. Billing is initiated at the request of the developer. Upon receipt of payment, the electric system in installed per the Electric Construction Policies, Practices and Procedures manual. Construction generally begins within two weeks of payment. Upon receipt of payment, the electric system in installed per the Electric Construction Policies, Practices and Procedures manual. Construction generally begins within two weeks of payment. ATTACHMENT 2 Packet Pg. 376 Attachment20.2: Electric Development Project Timeline (2470 : Changes to Electric Capacity Fee (ECF)) Utilities Light & Power 700 Wood St. PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 - fax utilities@fcgov.com October 30, 2014 RE: New construction electric billing changes Dear Electric Contractor: Fort Collins Utilities is holding an open house 12:30-2 p.m., Wednesday, Nov. 5, Utilities Service Center Training Room, 700 Wood St., to discuss changes to the current 50/50 new construction electric billing structure. You are invited to provide feedback on two options that will be presented to City Council on Tuesday, Nov. 18: Option A The Utility will schedule and commence electric infrastructure construction upon receipt of the full payment of the development fees and per the Utility Installation Sequence as defined in Electric Construction Policies Practices and Procedures. If the Utility is not able to commence construction when requested due to Utility workload backlogs, the Utilities will schedule and commence the construction of these projects in the same order in which full payment is received. Option B The Utility will schedule and commence electric infrastructure construction upon receipt of the first 50 percent payment of the development fees and per the Utility Installation Sequence as defined in Electric Construction Policies Practices and Procedures. If the Utility is not able to commence construction when requested due to Utility workload backlogs, the Utilities will schedule and commence the construction of these projects in the same order in which the first 50 percent payment is received. If you have questions or would like to provide feedback and cannot attend the open house, call Janet McTague at 970-224-6154 or email jmctague@fcgov.com by November 10. Sincerely, Janet McTague Light & Power / Project Engineering Supervisor ATTACHMENT 3 Packet Pg. 377 Attachment20.3: Electric Contractor Letter (2470 : Changes to Electric Capacity Fee (ECF)) 1 Changes to Electric Capacity Fee First Reading November 18, 2014 ATTACHMENT 4 Packet Pg. 378 Attachment20.4: Powerpoint presentation (2470 : Changes to Electric Capacity Fee (ECF)) 2 Electric Development Fees • Electric Development Fees • Electric Capacity Fee (ECF) - provides service to the development site • Building Site Charge (BSC) - installation of on- site electric service facilities Packet Pg. 379 Attachment20.4: Powerpoint presentation (2470 : Changes to Electric Capacity Fee (ECF)) 3 ECF Charge Current policy in City Code: • Initially, 50% of ECF due before construction is scheduled • ECF balance due before energizing service What happens when ECF charges change between initial invoicing and ECF balance is paid? Packet Pg. 380 Attachment20.4: Powerpoint presentation (2470 : Changes to Electric Capacity Fee (ECF)) 4 Ordinance Options • Option A - 100% of ECF due before scheduling construction • Option B – maintain 50/50 policy; clarify language addressing ECF changes in City Code Packet Pg. 381 Attachment20.4: Powerpoint presentation (2470 : Changes to Electric Capacity Fee (ECF)) 5 Outreach • A letter was sent to 25 developers outlining the two options and inviting them to an open meeting on 11/5 Packet Pg. 382 Attachment20.4: Powerpoint presentation (2470 : Changes to Electric Capacity Fee (ECF)) 6 Thank You Packet Pg. 383 Attachment20.4: Powerpoint presentation (2470 : Changes to Electric Capacity Fee (ECF)) - 1 - OPTION A ORDINANCE NO. 136, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING CALCULATION AND COLLECTION OF DEVELOPMENT FEES IMPOSED FOR THE CONSTRUCTION OF NEW OR MODIFIED ELECTRIC SERVICE CONNECTIONS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, pursuant to City Code Sections 26-473 through 26-475, the City imposes development fees, including an Electric Capacity Fee and a Building Site Charge, on parties developing properties for which new or modified electric service is required; and WHEREAS, custom and practice of the Electric Utility has been to calculate development fees based on the rates adopted by City Council in effect at the time the fees are paid in full; and WHEREAS, custom and practice of the Electric Utility has also been to collect development fees in installments that allow a developer to pay a deposit prior to the Utility constructing the new service, and then pay the remainder of the fees prior to the Utility energizing the new service; and WHEREAS, during 2014, Electric Utility staff evaluated the description of the development fee calculation and collection process in light of questions posed by developers and changes in industry practices; and WHEREAS, Electric Utility staff recommends the description of how the development fees are calculated and collected be clarified in the City Code to better reflect the custom and practice of the Electric Utility with regard to administration of such fees and scheduling of associated construction work; and WHEREAS, Electric Utility staff also recommends updating the manner in which the City collects development fees for new or modified electric service connections to require full payment before the City schedules construction of the service; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to clarify and update the process for calculation and collection of development fees imposed for the construction of new or modified electric service connections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 384 - 2 - Section 1. That Section 26-473(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-473. Electric development fees and charges. (a) Any person desiring to connect to the City's electric distribution system, or to construct any structure to be served by said electric distribution system, shall pay to the utility all applicable electric development fees and charges as described in this Division prior to construction of the electric distribution system to serve said connection, whether such connection or the property served is inside or outside of the corporate limits of the City, in addition to any other applicable fees and charges described in this Article. Notwithstanding the foregoing or any provision of this Article to the contrary, said fees and charges may be paid over time to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution. Said development fees shall consist of an Electric Capacity Fee ("ECF") to recover the allocated cost of the electric distribution system attributable to the new or modified service requested and a Building Site Charge ("BSC") to recover the cost of installing on-site electric service facilities to the user's side of the point of delivery. If there is an increase in said fees between the time of application for electric service and the actual payment of fees, the fee rates in effect at the time of payment shall apply. . . . Section 2. That Section 26-474(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-474. Residential electric development fees and charges. (a) An Electric Capacity Fee ("ECF"), shall be paid for service to a single-family or multi-family residential building as set forth in this Section. The user shall not be responsible for calculated as set forth in this section and representing the cost to construct the actual construction of electric distribution system infrastructure for a new or modified residential service, but shall be required to pay the costs of such construction. The amount of ECF for a new residential service shall be calculated as of the date of invoicing by the utility, and shall be based upon the then applicable rates and estimated costs of construction. No less than fifty (50) percent of the calculated ECF shall be paid prior to the scheduling of any construction work required to provide said service. If there is an increase in The ECF shall be determined based upon the most current construction information and the ECF charges in effect at the time of full payment. between the time of application for electric service and the actual payment of the ECF, the rates in effect at the time of payment shall apply. Upon completion of construction required to provide said new service, any remaining ECF amounts due, including any adjustments to reflect the then-current rates and actual costs of construction, shall be paid to the utility prior to the provision of electric service. Packet Pg. 385 - 3 - (1) In the event of a customer request for revision to the system requirements for a new or modified service, construction of infrastructure improvements will cease until the customer has made payment in full of an updated ECF, including any increased construction costs associated with the revised system requirements; such increased amount, if any, shall be paid at the ECF rates in effect at the time it is paid in full. (2) Notwithstanding the foregoing, the ECF for any new or modified service for which an invoice has been issued on or before December 15, 2014, shall be due in full and must be paid no later than December 31, 2014, in order for construction of related infrastructure improvements to continue. If payment in full based upon the ECF charges in effect as of December 15, 2014, is not received in 2014, no further construction of infrastructure improvements or energizing of the subject service shall occur until the full ECF is paid based on the rate in effect at the time of full payment. . . . Section 3. That the current Section 26-474(c) of the Code of the City of Fort Collins is hereby renumbered as Section 26-474(d). Section 4. That a new Section 26-474(c) of the Code of the City of Fort Collins is hereby adopted to read as follows: (c) The utility will schedule and commence construction of a new or modified electric service upon receipt of payment in full of the associated electric development fees, and per the Utility Installation Sequence as defined in the Electric Construction Policies Practices and Procedures. If the utility is unable to commence construction when requested due to utility workload backlogs, the utility will schedule and commence the construction of new or modified electric service projects in the same order in which full payments are received. Section 5. That Section 26-475(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-475. Nonresidential electric development fees and charges. (a) An Electric Capacity Fee ("ECF"), shall be paid for service to any nonresidential building, structure or other facility, as set forth in this Section. The user shall not be responsible for calculated as set forth in this section and representing the cost to construct the actual construction of electric distribution system infrastructure for a new or modified nonresidential service shall be paid prior to the scheduling of any construction work required to provide such service. The ECF shall be determined based upon the most current construction information and the ECF charges in effect at the time of full payment. , but shall be required to pay the costs of such construction. The customer shall also be responsible for secondary service installation from the point of delivery to the Packet Pg. 386 - 4 - service panel. The amount of ECF for a new residential service shall be calculated as of the date of invoicing by the utility, and shall be based upon the then applicable rates and estimated costs of construction. No less than fifty (50) percent of the calculated shall be paid prior to the scheduling of any construction work required to provide said service. If there is an increase in between the time of application for electric service and the actual payment of the ECF, the rates in effect at the time of payment shall apply. Upon completion of construction required to provide said new service, any remaining ECF amounts due, including any adjustments to reflect the then-current rates and actual costs of construction, shall be paid to the utility prior to the provision of electric service. The Utilities Executive Director of the utility may provide for alternate arrangements for a single, one-hundred-percent payment of the ECF for a nonresidential project in the event that the Utilities Executive Director of the utility determines that the utility's costs cannot be accurately estimated in advance, provided that any amount due shall be secured by a written commitment and shall be paid prior to the provision of any electric service. (1) In the event of a customer request for revision to the system requirements for a new or modified service, construction of infrastructure improvements will cease until the customer has made payment in full of an updated ECF, including any increased construction costs associated with the revised system requirements; such increased amount, if any, shall be paid at the ECF rates in effect at the time it is paid in full. (2) Notwithstanding the foregoing, the ECF for any new or modified service for which an invoice has been issued on or before December 15, 2014, shall be due in full and must be paid no later than December 31, 2014, in order for construction of related infrastructure improvements to continue. If payment in full based upon the ECF charges in effect as of December 15, 2014, is not received in 2014, no further construction of infrastructure improvements or energizing of the subject service shall occur until the full ECF is paid based on the rate in effect at the time of full payment. . . . Section 6. That the current Sections 26-475(c) and (d) of the Code of the City of Fort Collins are hereby renumbered as Sections 26-475(d) and (e), respectively. Section 7. That a new Section 26-475(c) of the Code of the City of Fort Collins is hereby adopted to read as follows: (c) The utility will schedule and commence construction of a new or modified electric service upon receipt of payment in full of the associated electric development fees, and per the Utility Installation Sequence as defined in the Electric Construction Policies Practices and Procedures. If the utility is unable to commence construction when requested due to utility workload backlogs, the utility will schedule and commence the construction of new or modified electric service projects in the same order in which full payments are received. Packet Pg. 387 - 5 - Section 8. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all invoices paid on or after December 15, 2014. Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 2014, and to be presented for final passage on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 388 - 1 - OPTION B ORDINANCE NO. 136, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING CALCULATION AND COLLECTION OF DEVELOPMENT FEES IMPOSED FOR THE CONSTRUCTION OF NEW OR MODIFIED ELECTRIC SERVICE CONNECTIONS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, pursuant to City Code Sections 26-473 through 26-475, the City imposes development fees, including an Electric Capacity Fee and a Building Site Charge, on parties developing properties for which new or modified electric service is required; and WHEREAS, custom and practice of the Electric Utility has been to calculate development fees based on the rates adopted by City Council in effect at the time the fees are paid in full; and WHEREAS, custom and practice of the Electric Utility has also been to collect development fees in installments that allow a developer to pay a deposit prior to the Utility constructing the new service, and then pay the remainder of the fees prior to the Utility energizing the new service; and WHEREAS, during 2014, Electric Utility staff evaluated the description of the development fee calculation and collection process in light of questions posed by developers and changes in industry practices; and WHEREAS, Electric Utility staff recommends the description of how the development fees are calculated and collected be clarified in the City Code to better reflect the custom and practice of the Electric Utility with regard to administration of such fees and scheduling of associated construction work; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to clarify the process for calculation and collection of development fees imposed for the construction of new or modified electric service connections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 26-473(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-473. Electric development fees and charges. Packet Pg. 389 - 2 - (a) Any person desiring to connect to the City's electric distribution system, or to construct any structure to be served by said electric distribution system, shall pay to the utility all applicable electric development fees and charges as described in this Division prior to energizing the electric distribution system to serve said connection, whether such connection or the property served is inside or outside of the corporate limits of the City, in addition to any other applicable fees and charges described in this Article. Notwithstanding the foregoing or any provision of this Article to the contrary, said fees and charges may be paid over time to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution. Said development fees shall consist of an Electric Capacity Fee ("ECF") to recover the allocated cost of the electric distribution system attributable to the new or modified service requested and a Building Site Charge ("BSC") to recover the cost of installing on-site electric service facilities to the user's side of the point of delivery. If there is an increase in said fees between the time of application for electric service and the actual payment of fees, the fee rates in effect at the time of payment shall apply. . . . Section 2. That Section 26-474(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-474. Residential electric development fees and charges. (a) An Electric Capacity Fee ("ECF"), shall be paid for service to a single-family or multi-family residential building as set forth in this Section. The user shall not be responsible for calculated as set forth below in this section and representing the cost to construct the actual construction of electric distribution system infrastructure for a new or modified residential service shall be paid prior to the utility energizing the subject service., but shall be required to pay the costs of such construction. The amount of ECF for a new residential service shall be calculated as of the date of invoicing by the utility, and shall be based upon the then applicable rates and estimated costs of construction. No less than fifty (50) percent of the calculated The ECF shall be determined based upon the most current construction information and the ECF charges in effect at the time the ECF invoice is issued. A non-refundable deposit of at least fifty (50) percent of the ECF shall be paid to the City paid prior to the utility scheduling of any construction work required to provide said service. If there is an increase in the ECF between the time of application for electric service and the actual payment of the ECF, the rates in effect at the time of payment shall apply. Upon completion of construction required to provide said new service, any remaining ECF amounts due, including any adjustments to reflect the then- current rates, and actual costs of construction, less any prior deposit amounts paid, shall be paid to the utility prior to the provision of electric service electric distribution system being energized. In the event of a customer request for revision to the system requirements for a new or modified service, construction of infrastructure improvements will cease until the customer has made payment in full an updated ECF, including any increased construction costs associated with the revised system requirements; such Packet Pg. 390 - 3 - increased amount, if any, shall be paid at the ECF rates in effect at the time it is paid in full. Section 3. That the current Section 26-474(c) of the Code of the City of Fort Collins is hereby renumbered as Section 26-474(d). Section 4. That a new Section 26-474(c) of the Code of the City of Fort Collins is hereby adopted to read as follows: (c) The utility will schedule and commence construction of a new or modified electric service upon receipt of a deposit of at least 50% the associated electric development fees and per the Utility Installation Sequence as defined in Electric Construction Policies Practices and Procedures. If the utility is unable to commence construction when requested due to utility workload backlogs, the utility will schedule and commence the construction of new or modified electric service projects in the same order in which the associated deposit payments are received. Section 5. That Section 26-475(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-475. Nonresidential electric development fees and charges. (a) An Electric Capacity Fee ("ECF") shall be paid for service to any nonresidential building, structure or other facility, as set forth in this Section. The user shall not be responsible for calculated as set forth below in this section and representing the cost to construct the actual construction of electric distribution system infrastructure for a new or modified nonresidential service shall be paid prior to the utility energizing the service. The ECF shall be determined based upon the most current construction information and the ECF charges in effect at the time the ECF invoice is issued., but shall be required to pay the costs of such construction. The customer shall also be responsible for secondary service installation from the point of delivery to the service panel. The amount of ECF for a new nonresidential service shall be calculated as of the date of invoicing by the utility, and shall be based upon the then applicable rates and estimated costs of construction. No less than fifty (50) percent of the calculated A non-refundable deposit of at least fifty (50) percent of the ECF shall be paid to the City prior to the utility scheduling of any construction work required to provide said service. If there is an increase in the ECF between the time of application for electric service and the actual payment of the ECF, the rates in effect at the time of payment shall apply. Upon completion of construction required to provide said new service, aAny remaining ECF amounts due, including any adjustments to reflect the then-current rates and actual costs of construction, less any prior deposit amounts paid, shall be paid to the utility prior to the provision of electric service electric distribution system being energized. The Utilities Executive Director of the utility may provide for alternate arrangements for a single, one-hundred-percent payment of the ECF for a nonresidential project in the event that the Utilities Executive Director of the utility determines that the utility's costs cannot be accurately estimated in Packet Pg. 391 - 4 - advance, provided that any amount due shall be secured by a written commitment and shall be paid prior to the provision of any electric service. In the event of a customer request for revision to the system requirements for a new or modified service, construction of infrastructure improvements will cease until the customer has made payment in full of an updated ECF, including any increased construction costs associated with the revised system requirements; such increased amount, if any, shall be paid at the ECF rates in effect at the time it is paid in full. Section 6. That the current Sections 26-475(c) and (d) of the Code of the City of Fort Collins are hereby renumbered as Sections 26-475(d) and (e), respectively. Section 7. That a new Section 26-475(c) of the Code of the City of Fort Collins is hereby adopted to read as follows: (c) The utility will schedule and commence construction of a new or modified electric service upon receipt of a deposit of at least 50% the associated electric development fees and per the Utility Installation Sequence as defined in Electric Construction Policies Practices and Procedures. If the utility is unable to commence construction when requested due to utility workload backlogs, the utility will schedule and commence the construction of new or modified electric service projects in the same order in which the associated deposit payments are received. Section 8. That the amendments to Chapter 26 of the City Code contained herein shall go into effect for all invoices paid on or after December 15, 2014. Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 2014, and to be presented for final passage on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 392 - 5 - Passed and adopted on final reading on the 2nd day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 393 Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY November 18, 2014 City Council STAFF Ellen Switzer, Utilities Financial Operations Manager Lance Smith, Strategic Financial Planning Manager Kevin Gertig, Utilities Executive Director SUBJECT 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. EXECUTIVE SUMMARY Staff is requesting postponement of Second Reading of this Ordinance to December 16, 2014 to permit time for staff to meet with the Council Finance Committee on November 17 to discuss the financial implications of modifying City Code as passed on First Reading of this Ordinance as compared to other alternatives. This Ordinance, adopted on First Reading on October 28, 2014 by a vote of 4-2 (Nays: Cunniff, Overbeck), codifies the longstanding City policy and practice whereby the Light & Power Fund has been responsible for providing municipal street lighting as an in-kind payment to the General Fund as part of the Electric Utility’s payment in lieu of taxes and franchise fees. 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). This 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. STAFF RECOMMENDATION Staff recommends postponement of Second Reading of the Ordinance to December 16, 2014. ATTACHMENTS 1. First Reading Agenda Item Summary, October 28, 2014 (w/o attachments) (PDF) 2. Ordinance No. 146, 2014 (PDF) Packet Pg. 394 Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 28, 2014 City Council STAFF Ellen Switzer, Utilities Financial Operations Manager Lance Smith, Strategic Financial Planning Manager Kevin Gertig, Utilities Executive Director SUBJECT First 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. EXECUTIVE SUMMARY The purpose of this item is to codify the longstanding City policy and practice whereby the Light & Power Fund has been responsible for providing municipal street lighting as an in-kind payment to the General Fund as part of the Electric Utility’s payment in lieu of taxes and franchise fees. 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). This 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Prior to 1986 the operation and maintenance costs related to street lighting were paid by the City’s General Fund. In 1986, City Council determined that the Electric Utility should assume fiscal responsibility for operating and maintaining the street lighting system. Ordinance No. 095, 1986 deleted the municipal street lighting rate schedule from the City Code and street lighting costs were no longer billed to the General Fund. The City Council in 1986 deemed this change to be consistent with the then-current Charter, which stated that the utility was responsible for the “designing, construction, reconstruction, addition, repair, replacement, maintenance, supervision, and operation of the water and light plants, and the street lighting system and equipment.” The Agenda Item Summary presented with Ordinance No. 095, 1986 referenced this expense as an additional payment in lieu of taxes. In 1987, voters approved changes to the City Charter which eliminated the specific duties of many departments. At that time, all references to which department or fund bore the responsibility for street lighting were removed from the Charter. The Charter change was not intended to change the Electric Utility’s responsibility for the street lighting system, but rather to remove the specific codified list of duties and responsibilities for various funds and departments from the Charter to allow more administrative flexibility. The Charter has been silent on street lighting since 1987. The Light & Power Fund has maintained fiscal responsibility for the street lighting system since 1986. In addition, City Council has set the Light & Power Fund’s cash payment in lieu of taxes and franchise fees at 6% of the Fund’s operating revenues. (The cash payment was increased from 5% in 1989.) The proposed ATTACHMENT 1 Packet Pg. 395 Attachment21.1: First Reading Agenda Item Summary, October 28, 2014 (w/o attachments) (2603 : SR 146 - PILOTs and Street Lighting) Agenda Item 2 Item # 2 Page 2 Ordinance codifies the current practice of requiring the Electric Utility to maintain fiscal responsibility for the operation and maintenance of the street lighting system in addition to payment of taxes and franchise fees. No changes are proposed for the cash payment of 6% of operating revenues. The Ordinance is consistent with the direction given by City Council when adopting Ordinance No. 095, 1986 and does not change any current practice or policy. Since the costs of street lighting have been built into the electric rates since 1986 there will be no rate impact to rate payers related to the Ordinance. The Light & Power Fund, Water Fund, and Wastewater Fund each pay 6% of operating revenues to the General Fund. In the City Code this payment is referred to as a “payment in lieu of taxes and franchise” in the Light and Power Fund, but as a “payment in lieu of taxes” in the Water and Wastewater Funds. The City Charter at Article V, Section 23 characterizes the payments as “payment to the general fund in lieu of taxes and franchise fees”. The omission of the reference to franchise fees appears to have been inadvertent. This Ordinance also changes the wording in the Water and Wastewater Funds to be consistent with the Charter and with similar references to the same payments by the Light & Power Fund in the City Code. The Stormwater Fund is not subject to a payment in lieu of taxes and franchise fees, so no corresponding update is required to that portion of the City Code. FINANCIAL / ECONOMIC IMPACTS In 2013, the cost of operating and maintaining the street light system totaled $1.3 million. The costs of street lighting have been built into the electric cost of service and electric rates since 1986, and the current request to amend the City Code under this Ordinance will have no rate impact. Payments in lieu of taxes and franchise fees vary among Colorado cities and throughout the country as do in kind services. The amounts paid to the General Fund by the Light & Power, Water, and Wastewater Funds are within normal ranges. A 2012 survey of the fees and free services is attached for reference. ENVIRONMENTAL IMPACTS None identified. BOARD / COMMISSION RECOMMENDATION Since there are no policy changes proposed, and this Ordinance substantially addresses issues of clarification of existing practices, this item was not reviewed by the Energy or Water Boards. PUBLIC OUTREACH Out-of-city customers were notified of the proposed ordinance and a public notice was issued in the Coloradoan. ATTACHMENTS 1. Survey of Municipalities (PDF) 2. Ordinance No. 095, 1986 (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 396 Attachment21.1: First Reading Agenda Item Summary, October 28, 2014 (w/o attachments) (2603 : SR 146 - PILOTs and Street Lighting) - 1 - ORDINANCE NO. 146, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS REVISING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS 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 WHEREAS, prior to July 1, 1986, the operation and maintenance costs related to the City’s street lighting system were paid by the City’s General Fund; and WHEREAS, on July 1, 1986, City Council adopted Ordinance No. 095, 1986, which removed the municipal street lighting rate schedule from City Code and stopped internal billing of street lighting costs to the General Fund; and WHEREAS, City Council at the time determined it was consistent with Article IX, Section 2 (B) of City Charter, as it existed in 1986, for the Electric Utility to assume fiscal responsibility for operating and maintaining the street lighting system; and WHEREAS, the agenda materials accompanying Ordinance No. 095, 1986, characterized the shift in fiscal obligation as an additional payment by the Electric Utility in lieu of taxes; and WHEREAS, voters in the City approved City Charter revisions in 1987 that eliminated the specific duties of many City departments and created broader administrative flexibility in fund and department management; and WHEREAS, in streamlining the statements of department’s duties, the 1987 Charter revisions also removed any reference to which department(s) or fund(s) bore responsibility for street lighting costs; and WHEREAS, since 1987, the Light & Power Fund has maintained fiscal responsibility for the street lighting system, and the costs of street lighting have been incorporated into the electric rates paid by customers of the Electric Utility; and WHEREAS, City Council has established, pursuant to Article V, Section 23 and Article XII, Section 6 of the City Charter, that an annual cash payment in lieu of taxes and franchise fees is owed by the Light & Power Fund, Water Fund, and Wastewater Fund in the amount of 6% of the operating revenues in each fund; and WHEREAS, staff recommends clarifying descriptions of the annual operating revenues payment made by the Water Fund in Article III, Chapter 26 of the City Code, and by the Wastewater Fund in Article IV, Chapter 26 to be consistent with how the annual Light & Power Fund payment is described in Article VI, Chapter 26, to reflect that such funds are collected in lieu of taxes and franchise fees; and WHEREAS, staff also recommends updating the City Code to codify the longstanding custom and practice of the Electric Utility bearing fiscal responsibility for the operation and Packet Pg. 397 Attachment21.2: Ordinance No. 146, 2014 (2603 : SR 146 - PILOTs and Street Lighting) - 2 - maintenance of the street lighting system in addition its annual payment in lieu of taxes and franchise fees; and WHEREAS, this revision to the City Code will not affect the rates paid by customers of the Electric Utility nor increase the amount of operating revenues paid by the Light & Power Fund in lieu of taxes and franchise fees. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That updating descriptions in the City Code to reflect the consistent purposes for which the Light & Power Fund, Water Fund, and Wastewater Fund designate a portion of operating revenues for payments in lieu of taxes and franchise fees is in the best interest of the customers of the respective utility services and of the City. Section 2. That amending the City Code to reflect the custom and practice of providing street lighting system operation and maintenance as an additional in-kind component of the franchise fee paid by the Electric Utility in its annual payments in lieu of taxes and franchise fees is in the best interest of the customers of the Electric Utility and of the City. Section 3. That Section 26-118(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-118. Determination of user rates. . . . (c) In addition to the monthly service charges set forth in §§ 26-126 and 26-127, there shall be a charge for payments in lieu of taxes and franchise. The charge shall be six and zero-tenths (6.0) percent of said monthly service charges billed pursuant to said §§ 26-126 and 26-127. . . . Section 4. That Section 26-277(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-277. Determination of user rates; annual adjustment. . . . (c) In addition to the monthly service charges set forth in §§ 26-279, 26-280 and 26- 282, there shall be a charge for payments in lieu of taxes and franchise. The charge shall be six and zero-tenths (6.0) percent of said monthly service charges billed pursuant to said §§ 26-279, 26-280 and 26-282. Packet Pg. 398 Attachment21.2: Ordinance No. 146, 2014 (2603 : SR 146 - PILOTs and Street Lighting) - 3 - Section 5. That Section 26-392 of the Code of the City of Fort Collins is hereby amended by the addition of a new Subsection (e) to read as follows: Sec. 26-392. Utility considered a City-owned enterprise. (e) The enterprise shall annually operate and maintain the City street lighting system as an additional payment in lieu of franchise fees otherwise paid by the enterprise pursuant to Article V, Section 23 of the City Charter. Introduced, considered favorably on first reading, and ordered published this 28th day of October, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 399 Attachment21.2: Ordinance No. 146, 2014 (2603 : SR 146 - PILOTs and Street Lighting) City of Fort Collins Page 1 Karen Weitkunat, President City Council Chambers Gerry Horak, District 6, Vice President 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 Executive Director Secretary 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. General Improvement District No. 1 Board Meeting November 18, 2014 (after the Regular Council Meeting)  CALL MEETING TO ORDER  ROLL CALL 1. Consideration and Approval of the MInutes of the November 4, 2014 General Improvement District No. 1 Board Meeting. The purpose of this item is to approve the minutes of the November 4, 2014 GID NO. 1 Board meeting. 2. Second Reading of Ordinance No. 066, Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2015; Directing the Secretary of the District to Certify such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation (staff: Mike Beckstead; no staff presentation; 3 minute discussion) This Ordinance, unanimously adopted on First Reading on November 4, 2014, fixes the mill levy for General Improvement District No. 1 at 4.924 mills. The sum of $276,000 is anticipated to be collected from the mill levy imposed within the General Improvement District No. 1 (GID) boundaries for fiscal year 2015. Additional revenue for GID No. 1 from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated to total $38,00, resulting in an expected revenue total of $314,000 for 2015. In addition, the 2015 budget will include the use of $920,000 from GID No. 1 reserves to contribute to the $3 million makeover of Old Town Square that is being led by the Downtown Development Authority (DDA).  OTHER BUSINESS  ADJOURNMENT GENERAL IMPROVEMENT DISTRICT NO. 1 BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 18, 2014 General Improvement District No. 1 Board STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the MInutes of the November 4, 2014 General Improvement District No. 1 Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the November 4, 2014 GID NO. 1 Board meeting. ATTACHMENTS 1. November 4, 2014 (PDF) Packet Pg. 2 City of Fort Collins Page 136 GENERAL IMPROVEMENT DISTRICT NO. 1 BOARD November 4, 2014 8:55 PM  CALL MEETING TO ORDER  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Nelson 1. First Reading of Ordinance No. 066, Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2015; Directing the Secretary of the District to Certify such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation (Adopted on First Reading) The sum of $276,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2015 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for GID No. 1 from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated to total $38,000 resulting in an expected revenue total of $314,000 for 2015. In addition, the 2015 budget will include the use of $920,000 from GID No. 1 reserves to contribute to the $3 million makeover of Old Town Square that is being led by the Downtown Development Authority (DDA). Vice President Horak made a motion, seconded by Boardmember Poppaw, to adopt Ordinance No. 066 on First Reading. RESULT: ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 8:57 PM. ______________________________ Mayor, Ex Officio President ATTEST: _________________________________ City Clerk, Ex Officio Secretary Packet Pg. 3 Attachment1.1: November 4, 2014 (2614 : GID-minutes 11/4) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 18, 2014 General Improvement District No. 1 Board STAFF Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 066, Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2015; Directing the Secretary of the District to Certify such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, fixes the mill levy for General Improvement District No. 1 at 4.924 mills. The sum of $276,000 is anticipated to be collected from the mill levy imposed within the General Improvement District No. 1 (GID) boundaries for fiscal year 2015. Additional revenue for GID No. 1 from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated to total $38,00, resulting in an expected revenue total of $314,000 for 2015. In addition, the 2015 budget will include the use of $920,000 from GID No. 1 reserves to contribute to the $3 million makeover of Old Town Square that is being led by the Downtown Development Authority (DDA). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (PDF) 2. GID No 1 Boundary map (PDF) 3. Ordinance No. 066 (PDF) Packet Pg. 4 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 4, 2014 General Improvement District No. 1 Board STAFF Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 066, Determining and Fixing the Mill Levy for the General Improvement District No. 1 for the Fiscal Year 2015; Directing the Secretary of the District to Certify such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation EXECUTIVE SUMMARY The sum of $276,000 is anticipated to be collected from the mill levy of 4.924 mills for fiscal year 2015 imposed within the General Improvement District No. 1 (GID) boundaries. Additional revenue for GID No. 1 from automobile specific ownership taxes, ad valorem taxes, and interest earnings are anticipated to total $38,000 resulting in an expected revenue total of $314,000 for 2015. In addition, the 2015 budget will include the use of $920,000 from GID No. 1 reserves to contribute to the $3 million makeover of Old Town Square that is being led by the Downtown Development Authority (DDA). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The recommended appropriations for this amount are as follows: Capital Improvement Projects: $1,000,000 to contribute to the $3 million makeover of Old Town Square $ 26,000 to be used for other capital improvements in the downtown area $1,026,000 Total Other GID Expenses: $ 14,005 for staffing $ 11,500 for the Larimer County Treasurer's fee for collecting the property tax $ 23,000 for property tax rebate program $ 2,500 for estimated electrical costs for downtown lighting and water $ 1,560 for miscellaneous expenses $115,000 for transfer to other funds $167,565 Total ATTACHMENT 1 Packet Pg. 5 Attachment2.1: First Reading Agenda Item Summary, November 4, 2014 (2599 : GID SR 066 Budget) Agenda Item 1 Item # 1 Page 2 FINANCIAL / ECONOMIC IMPACTS This Ordinance includes the annual appropriation for 2015 at $1,193,565. This item also sets the GID No. 1 mill levy at 4.924 mills, which will generate approximately $276,000 for fiscal year 2015. The mill levy remains unchanged from previous years. Additional 2015 revenue includes automobile specific ownership taxes, ad valorem taxes, and interest which together are projected to be $38,000 in fiscal year 2015. ATTACHMENTS 1. Boundary map (PDF) Packet Pg. 6 Attachment2.1: First Reading Agenda Item Summary, November 4, 2014 (2599 : GID SR 066 Budget) ATTACHMENT 2 Packet Pg. 7 Attachment2.2: GID No 1 Boundary map (2599 : GID SR 066 Budget) - 1 - ORDINANCE NO. 066 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EX-OFFICIO THE BOARD OF DIRECTORS OF GENERAL IMPROVEMENT DISTRICT NO. 1, DETERMINING AND FIXING THE MILL LEVY FOR THE GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2015; DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE FISCAL YEAR 2015 ANNUAL APPROPRIATION WHEREAS, City of Fort Collins General Improvement District No. 1 (the “GID”) in Fort Collins, Colorado, has been duly organized in accordance with the ordinances of the City and the statutes of the State of Colorado; and WHEREAS, the GID staff has considered the amount of money to be raised by a levy on the taxable property in the GID and recommends that a levy of 4.924 mills upon each dollar of the assessed valuation of all taxable property within the limits of the GID is required during 2015 to pay the cost of operating the GID; and WHEREAS, the GID staff estimates a levy of 4.924 mill will result in $276,000 of revenue; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years so that prior voter approval of the levy is not required under Article X, Section 20 of the State Constitution; and WHEREAS, Section 39-5-128(1) of the Colorado Revised Statutes requires certification of any tax levy to the Board of County Commissioners no later than December 15; and WHEREAS, additional revenue is collected by the GID from such sources as the automobile ownership tax, ad valorem taxes, and interest earnings and that revenue for 2015 is anticipated to be $38,000; and WHEREAS, the City Council, acting as the ex-officio Board of Directors of the GID, desires to appropriate the necessary funds for operating costs and capital improvements of the GID for the fiscal year beginning January 1, 2015, and ending December 31, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, Ex-Officio the Board of Directors of City of Fort Collins General Improvement District No. 1, as follows: Section 1. That, for the purpose of providing the necessary funds to meet the expenses to be incurred in the General Improvement District No. 1 in 2015, 4.924 mills is hereby levied upon each dollar of the assessed valuation of all taxable property within the General Improvement District No.1 as of December 31, 2014. Packet Pg. 8 Attachment2.3: Ordinance No. 066 (2599 : GID SR 066 Budget) - 2 - Section 2. That the City Clerk acting ex-officio as the Secretary of the General Improvement District No. 1 is hereby authorized and directed to certify such levy to the Board of Larimer County Commissioners as provided by law. Section 3. That the City Council, acting ex-officio as the Board of Directors of City of Fort Collins General Improvement District No. 1, hereby appropriates out of the revenues of General Improvement District No. 1 for the fiscal year beginning January 1, 2015, and ending December 31, 2015, the sum of TWO HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED SIXTY FIVE DOLLARS ($273,565) to be raised by taxation and additional revenue to be expended for the authorized purposes of the General Improvement District No.1. Section 4. That the City Council, acting ex-officio as the Board of Directors of City of Fort Collins General Improvement District No. 1, hereby appropriates out of prior year reserves of the General Improvement District No. 1 for the fiscal year beginning January 1, 2015, and ending December 31, 2015, the sum of NINE HUNDRED TWENTY THOUSAND DOLLARS ($920,000) for authorized purposes of the General Improvement District No.1. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 18th day of November, A.D. 2014. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 9 Attachment2.3: Ordinance No. 066 (2599 : GID SR 066 Budget) City of Fort Collins Page 1 Karen Weitkunat, President City Council Chambers Gerry Horak, District 6, Vice President 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 Executive Director Secretary 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. Skyview South General Improvement District No. 15 Board Meeting November 18, 2014 (after the General Improvement District No. 1 Meeting)  CALL MEETING TO ORDER  ROLL CALL 1. Consideration and Approval of the Minutes of the November 4, 2014 Skyview South General Improvement District No. 15 Board Meeting. The purpose of this item is to approve the minutes of the November 4, 2014 Skyview South GID No. 15 Board meeting. 2. Second Reading of Ordinance No. 006, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2015; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation. (staff: Mike Beckstead; no staff presentation 3 minute discussion) This Ordinance, unanimously adopted on First Reading on November 4, 2014, includes the annual appropriation for 2015 of $1,000. The sum of $24,700 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2015. Additional revenue for the General Improvement District (GID) No. 15 from interest earnings is anticipated to generate $370. The total 2015 revenue for GID No. 15 is expected to be $25,070. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision.  OTHER BUSINESS  ADJOURNMENT SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 BOARD Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Skyview South General Improvement District No. 15 Board STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the November 4, 2014 Skyview South General Improvement District No. 15 Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the November 4, 2014 Skyview South GID No. 15 Board meeting. ATTACHMENTS 1. November 4, 2014 (PDF) Packet Pg. 2 City of Fort Collins Page 18 SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 BOARD November 4, 2014 8:57 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Nelson 1. First Reading of Ordinance No. 006, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2015; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation. (Adopted on First Reading) This Ordinance includes the annual appropriation for 2015 of $1,000. The sum of $24,700 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2015. Additional revenue for the General Improvement District (GID) No. 15 ("GID No. 15") from interest earnings is anticipated to generate $370. The total 2015 revenue for GID No. 15 is expected to be $25,070. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision. Vice President Horak made a motion, seconded by Boardmember Troxell, to adopt Ordinance No. 006 on First Reading. RESULT: ORDINANCE NO. 006 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 8:59 PM. ______________________________ Mayor, Ex Officio President ATTEST: _________________________________ City Clerk, Ex Officio Secretary Packet Pg. 3 Attachment1.1: November 4, 2014 (2613 : Skyview-minutes 11/14) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Skyview South General Improvement District No. 15 Board STAFF Mike Beckstead, Chief Financial Officer SUBJECT Second Reading of Ordinance No. 006, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2015; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 4, 2014, includes the annual appropriation for 2015 of $1,000. The sum of $24,700 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2015. Additional revenue for the General Improvement District (GID) No. 15 from interest earnings is anticipated to generate $370. The total 2015 revenue for GID No. 15 is expected to be $25,070. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 4, 2014 (PDF) 2. Boundary map (PDF) 3. Ordinance No. 006 (PDF) Packet Pg. 4 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 4, 2014 Skyview South General Improvement District No. 15 Board STAFF Mike Beckstead, Chief Financial Officer SUBJECT First Reading of Ordinance No. 006, Determining and Fixing the Mill Levy for the Skyview South General Improvement District No. 15 for the Fiscal Year 2015; Directing the Secretary of the District to Certify Such Levy to the Board of Commissioners of Larimer County; and Making the Fiscal Year 2015 Annual Appropriation. EXECUTIVE SUMMARY This Ordinance includes the annual appropriation for 2015 of $1,000. The sum of $24,700 is anticipated to be collected from the mill levy of 10.0 mills for fiscal year 2015. Additional revenue for the General Improvement District (GID) No. 15 ("GID No. 15") from interest earnings is anticipated to generate $370. The total 2015 revenue for GID No. 15 is expected to be $25,070. The total amount will be used in the future to maintain and repair roads in the Skyview subdivision. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2009, the City annexed Phase 3 of the Southwest Enclave Annexation. The area annexed included the entire Larimer County Skyview South General Improvement District No. 15 (GID No.15). A map of the GID No. 15 is attached. Larimer County organized GID No. 15 in 1997. Pursuant to Section 31-25-603, C.R.S., since the annexation area included the entire area within the improvement district boundaries, upon annexation, GID No.15 became a City-operated district and Council has thereafter acted as the ex officio Board of Directors of the District. Under State law, the City is required to set the annual mill levy for the GID No. 15 and to certify the amount of the levy to the Board of County Commissioners for Larimer County. This Ordinance continues the establishment, as in years past, of a mill levy of 10.0. FINANCIAL / ECONOMIC IMPACTS This Ordinance sets the Skyview South General Improvement District No. 15 mill levy at 10.0 mills, which will generate approximately $24,700 for fiscal year 2015. Additional 2015 revenue for the GID No. 15 includes interest earnings, which are projected to be $370 in fiscal year 2015. In addition the 2015 Budget will include the use of $1,000 for the Larimer County Treasurer’s fee for collecting the property tax. ATTACHMENTS 1. Boundary map (PDF) ATTACHMENT 1 Packet Pg. 5 Attachment2.1: First Reading Agenda Item Summary, November 4, 2014 (2595 : Skyview SR 006 Budget) W TRILBY RD S COLLEGE AVE W SKYWAY DR CONSTELLATION DR MARS DR VENUS AVE ARAN ST ORBIT WAY DEBRA DR H OLYOKE C T P O L A R I S DR S T A R W A Y S T AV O NDALE R D RAMA H D R N E P T U N E D R GALA X Y W A Y URANUS ST F LA G L E R R D - 1 - ORDINANCE NO. 006 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15, DETERMINING AND FIXING THE MILL LEVY FOR THE SKYVIEW SOUTH GENERAL IMPROVEMENT DISTRICT NO. 15 FOR THE FISCAL YEAR 2015; DIRECTING THE SECRETARY OF THE DISTRICT TO CERTIFY SUCH LEVY TO THE BOARD OF COMMISSIONERS OF LARIMER COUNTY; AND MAKING THE FISCAL YEAR 2015 ANNUAL APPROPRIATION WHEREAS, the Skyview South General Improvement District No. 15 (the “GID”) was created by Larimer County in 1997 and annexed into the City by Phase Three of the Southwest Enclave Annexation in 2009; and WHEREAS, pursuant to Sections 31-25-603 and 37-25-609, C.R.S., as a result of the annexation of the entire GID into the City, the GID is now a district of the City and the City Council is to act as the ex-officio board of directors of the GID; and WHEREAS, GID staff has considered the amount of revenue to be raised by a levy on the taxable real property within the GID boundaries, and recommends imposing a levy of 10.0 mills upon each dollar of the assessed valuation of all such taxable real property for 2015; and WHEREAS, GID staff estimates a levy of 10.0 mills will result in $24,700 of revenue; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years; as such, prior voter approval of the proposed levy is not required under Article X, Section 20 of the State Constitution; and WHEREAS, Section 39-5-128(1) of the Colorado Revised Statutues requires certification of any tax levy to the Board of Commissioners of Larimer County no later than December 15; and WHEREAS, additional revenue totaling $370 for 2015 is expected to be collected by the GID from interest earnings; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, acting ex-officio as the Board of Directors of the City of Fort Collins Skyview South General Improvement District No. 15, as follows: Section 1. That the 2015 mill levy rate for taxation upon each dollar of the assessed valuation of taxable real property within the GID boundaries shall be 10.0 mills. Section 2. That the City Clerk acting ex-officio as the Secretary for the GID shall certify this levy of 10.0 mills to the County Assessor and the Board of Larimer County Commissioners as provided by law. Packet Pg. 7 Attachment2.3: Ordinance No. 006 (2595 : Skyview SR 006 Budget) - 2 - Section 3. That the City Council, acting ex-officio as the Board of Directors of the City of Fort Collins General Improvement District No. 15, hereby appropriates out of the revenues of the GID for the fiscal year beginning January 1, 2015, and ending December 31, 2015, the sum of ONE THOUSAND DOLLARS ($1,000). Section 4. That revenue to be raised by taxation and additional revenue of the GID will be reserved in fund balance until such future time as authorized by the Board of Directors for the purposes of the General Improvement District No. 15. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2014, and to be presented for final passage on the 18th day of November, A.D. 2014. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Passed and adopted on final reading on the 18th day of November, A.D. 2014. _________________________________ Mayor, Ex Officio President ATTEST: _____________________________ City Clerk, Ex Officio Secretary Packet Pg. 8 Attachment2.3: Ordinance No. 006 (2595 : Skyview SR 006 Budget) City of Fort Collins Page 1 urban renewal authority Karen Weitkunat, Chairperson City Council Chambers Gerry Horak, Vice-Chairperson City Hall West Bob Overbeck 300 LaPorte Avenue Lisa Poppaw Fort Collins, Colorado Gino Campana Wade Troxell Ross Cunniff Cablecast on City Cable Channel 14 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson Interim City Attorney Executive Director Secretary 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. URBAN RENEWAL AUTHORITY BOARD MEETING November 18, 2014 (after the Skyview South GID No. 15 Meeting) (Revised 11/17/14)  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW  Executive Director’s Review of Agenda. • Consent Calendar Review. This Review provides an opportunity for the Board 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. ◦ Board-pulled Consent Calendar items will be considered before the Discussion items. ◦ Citizen-pulled Consent Calendar items will be considered after the Discussion items.  CITIZEN PARTICIPATION City of Fort Collins Page 2 Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Board on items not specifically scheduled on the agenda must first be recognized by the Chairperson or Vice Chair. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Chairperson may reduce the time allowed for each individual.  State your name and address for the record.  Applause, outbursts or other demonstrations by the audience are not allowed  Keep comments brief; if available, provide a written copy of statement to Secretary  Address your comments to Council, not the audience  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar This Calendar is intended to allow the Urban Renewal Authority Board to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. The Consent Calendar consists of resolutions of no perceived controversy and routine administrative actions. 1. Consideration and Approval of the Minutes of the May 6, 2014 Urban Renewal Authority Board Meeting. The purpose of this item is to approve the minutes of the May 6, 2014 Urban Renewal Authority Board meeting. 2. Resolution No. 073 Adopting the 2015 Budget for the Fort Collins Urban Renewal Authority. The purpose of this item is to consider adoption of the 2015 budget for the North College Tax Increment Financing District, the Prospect South Tax Increment Financing District, and the Foothills Tax Increment Financing District. Budget revenues include property and sales tax increment, and interest earned on investments, totaling $2,404,372. Budget expenses include general operations, and debt service payments totaling $3,248,513. 3. ITEM #3 MOVED TO DISCUSSION Resolution No. 074 Appropriating Unanticipated Revenue in the URA Foothills District Fund for the Foothills Mall Redevelopment Project to be used for Project Expenditures Incurred. The purpose of this item is to consider a resolution to appropriate unanticipated revenue in the URA Foothills District Fund from reimbursements from Alberta Development Partners for the Foothills Mall Redevelopment Project to be used for Urban Renewal Authority expenditures incurred. 4. Resolution No. 075 Approving a Loan From the City of Fort Collins to the Fort Collins Urban Renewal Authority for the Prospect Station Redevelopment Project, and Approving a Loan Agreement for that Purpose. The purpose of this item is to consider a Resolution approving a loan agreement between the Fort Collins Urban Renewal Authority and the City of Fort Collins for the Prospect Station project in the Prospect South tax increment financing district. City of Fort Collins Page 3 5. Resolution No. 076 Appropriating Prior Year Reserves in the URA North College Fund to Reimburse Remaining North College Marketplace Project Obligations. The purpose of this item is to consider the appropriation of prior year reserves in the North College URA fund to reimburse the North College Marketplace project for completed eligible improvements identified within the North College Marketplace Redevelopment Agreement.  CONSENT CALENDAR FOLLOW-UP  STAFF REPORTS  COMMISSIONER REPORTS  CONSIDERATION OF BOARD-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Chairperson introduces the item number and subject; asks if formal presentation will be made by staff ● Staff and/or Applicant presentation (optional) ● Chairperson requests citizen comment on the item (five-minute limit for each citizen) ● Board questions of staff on the item ● Board motion on the item ● Board discussion ● Final Board comments ● Board vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Chairperson, 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. 3. Resolution No. 074 Appropriating Unanticipated Revenue in the URA Foothills District Fund for the Foothills Mall Redevelopment Project to be used for Project Expenditures Incurred. The purpose of this item is to consider a resolution to appropriate unanticipated revenue in the URA Foothills District Fund from reimbursements from Alberta Development Partners for the Foothills Mall Redevelopment Project to be used for Urban Renewal Authority expenditures incurred.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Urban Renewal Authority Board STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 6, 2014 Urban Renewal Authority Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the May 6, 2014 Urban Renewal Authority Board meeting. ATTACHMENTS 1. May 6, 2014 (PDF) Packet Pg. 4 May 6, 2014 Urban Renewal Authority A meeting of the Fort Collins Urban Renewal Authority was held on Tuesday, May 6, 2014, at 10:48 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Boardmembers: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell, and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review Executive Director Atteberry stated there were no changes to the published agenda. Citizen Participation Eric Sutherland, 3520 Golden Currant, discussed state Urban Renewal Authority statutes. The State Senate approved a House Bill which included a requirement that cities and counties pledge sales and property tax at the same percentage. Consideration and Approval of the April 15, 2014 Urban Renewal Authority Minutes, Adopted Chair Weitkunat withdrew from the discussion of this item due to a conflict of interest. Boardmember Cunniff made a motion, seconded by Boardmember Poppaw, to approve the minutes of the April 15, 2014 Urban Renewal Authority meeting. Yeas: Campana, Cunniff, Horak, Overbeck, Poppaw, and Troxell. Nays: none. THE MOTION CARRIED. Resolution No. 070 Approving an Amendment to the Redevelopment And Reimbursement Agreement with the City ,Walton Foothills Holdings VI, L.L.C., and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to amend the Foothills Mall Redevelopment Agreement. The Developer has asked to amend Section 3.1 - Conditions Precedent to Issuance of District Bonds of the Agreement, to allow the Metro District Bonds to be issued with 155k square feet of executed leases vs. the 240k square feet required in the current agreement. The Developer is also asking for clarification to Section 4.3 - Construction of Residential Component of Project: Affordable Housing, concerning the period of time the Developer may be required to make payments to the City if there is a delay in the completion of the residential units. Packet Pg. 5 Attachment1.1: May 6, 2014 (2609 : URA minutes-5/6) May 6, 2014 298 BACKGROUND / DISCUSSION Amendment to Section 3.1(c) Section 3.1 - Conditions Precedent to Issuance of District Bonds was included in the agreement to provide the City assurance that prior to the City granting authorization to the District to issue the bonds that the project financing is in place and all project approvals have been received. Section 3.1 details 7 conditions that must be met by the Developer prior to the issuance of the District Bonds. The seven conditions are summarized below: a. District Financing Plan approved by the City Manager. b. Provide evidence that the Developer has obtained all equity and private financing necessary to construct the non-residential components of the Project. c. Obtain 240k square feet of executed leased space with 120k square feet of tenants new to Fort Collins at an average sales per square foot of $375. d. Add-On PIF imposed in accordance with Section 4.7. e. Obtain all Development Approvals for the Project. f. Satisfactory opinion by District’s bond counsel. g. No event of default shall have occurred. The Developer has indicated they are prepared to meet 6 of these conditions and are requesting a modification to 3.1(c), concerning the square footage of lease space required before issuance. The Developer currently has approximately 90k square feet of leases executed and anticipates having approximately 195k square feet leased by May 2014. A combination of factors has negatively impacted the current volume of executed leases: 1. The delay from an anticipated 2014 opening to a 2015 opening. 2. Timing uncertainty of the 2015 opening until the Redevelopment Agreement was signed in January of 2014. 3. A leasing strategy that focuses on critical retailers first, who once signed, will attract other quality retailers. 4. Retailers are currently focused on leases for 2014 openings and will focus on leases to support 2015 openings later in this year. The Developer has requested an amendment to the agreement that would allow for the issuance of District bonds with 155k square feet leased including 90k square feet of tenants new to Fort Collins. However, only $23M of the $53M of bond proceeds would be released to the project. The remaining $30M of bond proceeds would be held in escrow by the Bond Trustee and would only be released in tranches to the project as additional leases are executed by the developer. Packet Pg. 6 Attachment1.1: May 6, 2014 (2609 : URA minutes-5/6) May 6, 2014 299 Table A Lease Space Sq Ft Funds Released Percent of… Tranche Total New to Fort Collins Funds Released Assigned to City Improv Orig 240k Mall (less Macy's) Current 240k 120k $ 53 $ 8 100% 47% Request 1 155k 90k $ 23 $ 3 65% 30% 2 205k 120k 33 1 85% 40% 3 255k 130k 43 2 106% 50% 4 310k 150k 53 2 129% 60% Table A details the additional square feet of executed leases required by the developer to receive additional funding. As each 50k of additional leases are executed, combined with a corresponding increase in leases associated with tenants new to Fort Collins, funding will be released by the Bond Trustee in increments of $10M. In comparison to the original agreement, the Developer must now obtain 310k square feet of executed leases (60% of the total Mall) before all funds are made available (vs. 240k square feet (47% of the total Mall) in the original agreement). The amount of leased space to tenants new to Fort Collins has also increased from 120k to 150k. In addition, a portion of each tranche released would be assigned to the Underpass and Foothills Activity Center portion of the project. Waiting until the developer has obtained the required 240k square feet of leased space prior to the issuance of the bonds could have multiple adverse effects on the project: 1. The equity partner and the construction financier require all funding be closed simultaneously. A delay in the issuance of the District Bonds will delay the closing on the construction financing. 2. A delay in the close of the project financing opens the possibility of rising interest rates adding significant cost to the project. 3. Construction timing is critical, a delay of several weeks in closing all financing will delay construction start-up which in turn will delay the opening in 2015. 4. A delay in the 2015 mall opening will void current executed leases which specify a 2015 May 6, 2014 300 approximately $57M and will most likely increase by the time all financing is closed. This is 40% to 50% higher than their original intentions. In addition, the Equity Partner has agreed to provide 100% recourse vs. the normal 50% recourse on the $100M plus construction loan. Both actions demonstrate confidence in the project. Risks and Implications Associated with the Amendment to Section 3.1(c): Risks and implications associated with the amendment vary by party associated with the agreement. Risks revolve around what can be described as “Start-Up Risk”. Start-Up Risk can be defined as the bonds are issued but something catastrophic occurs that prevents the mall from being completed and fully leased out. City Risk/Implications - In the event the bonds are issued and the mall is not completed, there is no financial obligation on the part of the City beyond the pledge of Sales Tax Increment from sales at the Mall. Issuing the bonds with 155k vs. 240k square feet of leased space does not increase financial risk to the City. The structure of financing was intentionally set up to issue the bonds via the Metro District, avoid creating a debt obligation on the part of the City and allow the City to avoid the Start-Up Risk. Interest Rate Risk - Current macro-economic indicators point to a rising interest rate environment in the near term. A delay in the issuance of the bonds in a rising rate environment could have a significant impact on the financing cost of the project. A 1% increase in interest rates on the bonds (all else held constant) would require an additional $17M of Sales Tax Increment from the URA to meet the bond payments. The Developer would also potentially experience additional financing costs associated with the construction loan. Developer Risk/Implications - The Developer will not have a financial gain with the proposed amendment. The benefit to the Developer is the project would proceed on the current planned timeline without the adverse impact of the effects of a delay described above. Metro District Risk/Implications - The risk to the District is related to Start-Up Risk and when such an event occurred relative to the square footage of executed leases. If an event occurred after 240k square feet of leases are executed, in the current agreement, all $72M of bonds would be issued and outstanding. In the amended agreement, only $33M of the bond proceeds would have been disbursed and the remaining $20M of proceeds would be available for an extraordinary redemption of outstanding bonds, thereby reducing the future obligations of the District. If the event occurred prior to the Developer achieving 255k square feet of executed leases, the amended agreement would be beneficial to the District. If such an event occurred after 310k square feet of executed leases were obtained, there is no difference between the two alternatives. If an event occurred after 155k square feet of leases were executed but before 240k square feet of leases were executed, in the current agreement, no bonds would have been issued. In the amended agreement, $23M to $33M of the bond proceeds would have been disbursed and the remaining $20M to $30M of proceeds would be available for an extraordinary redemption of the outstanding bonds. There is risk in the amended agreement during the time it takes the Developer to move from 155k to 240k square feet of leased space. Again, there is no financial risk to the City in this case. This risk can be evaluated based on two factors - probability and severity. The Packet Pg. 8 Attachment1.1: May 6, 2014 (2609 : URA minutes-5/6) May 6, 2014 301 probability of an event occurring during the 4-6 months it will take the Developer to acquire the 240k square feet of leases vs. the 155k square feet of leases is very low. The severity could be high. Approximately $41M of bonds would be outstanding plus additional capitalized interest would be incurred if $30M of proceeds were used for an early redemption. The Start-Up Risk exists with the current agreement and with the amended agreement, the difference relates to whether an event would occur during the next 4-6 months that would ultimately cause the Bonds to not be issued. Because (1) there is no added risk to the City, (2) the risk to the District is not significantly different between authorizing bonds with 240k of leased space vs. authorizing bonds with 155k of lease space and putting funds in escrow that can only be fully released once 310k of space is leased,( 3) the risk of delay to the construction timeline would most likely adversely impact the projects lease opportunities and completion dates, and 4) potential higher interest rates with a late 2014 issuance would require additional sales tax increment to cover bond payments, staff recommends making the requested modifications to the agreement. Amendment to Section 4.3 Section 4.3 - Construction of Residential Component of Project: Affordable Housing. of the agreement was intended to provide a partial offset to lost residential property tax increment in the event the developer does not meet the construction completion dates described in section 4.3. The 50% payments of the lost property tax revenue by the developer was intended to only be in effect until the residential units are completed and property tax revenue begins to flow to the URA and then to the Metro District. The current wording in the agreement has been questioned by the District bond council, who interpret the current wording to require the developer to continue making the 50% payments after the residential units are complete if the original construction completion dates in the agreement are not met. Staff concurs this was not the intent of this section and agree clarification is needed to indicate the 50% payment is only required if the construction completion dates within the agreement are not met and only until the residential units are complete and tax revenue is realized by the Metro District. The Council Finance Committee will review this item on Friday, April 11. Draft minutes from that meeting will be provided in the read-before packet on Tuesday, April 15.” Chair Weitkunat withdrew from the discussion of this item due to a conflict of interest. Boardmember Campana made a motion, seconded by Boardmember Troxell, to adopt Resolution No. 070. Boardmember Troxell noted the URA has attempted to have conversations with Larimer County and stated it is unfortunate the Commissioners chose to go to the State legislature for resolution. Executive Director Atteberry discussed a countywide conversation regarding purpose and objectives of tax increment financing and stated additional information will be forthcoming. Packet Pg. 9 Attachment1.1: May 6, 2014 (2609 : URA minutes-5/6) May 6, 2014 302 The vote on the motion was as follows: Yeas: Campana, Cunniff, Horak, Overbeck, Poppaw, and Troxell. Nays: none. THE MOTION CARRIED. Adjournment The meeting adjourned at 10:58 p.m. _________________________________ Vice-Chair ATTEST: _____________________________ Secretary Packet Pg. 10 Attachment1.1: May 6, 2014 (2609 : URA minutes-5/6) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Urban Renewal Authority Board STAFF Tom Leeson, Redevelopment Program Manager SUBJECT Resolution No. 073 Adopting the 2015 Budget for the Fort Collins Urban Renewal Authority. EXECUTIVE SUMMARY The purpose of this item is to consider adoption of the 2015 budget for the North College Tax Increment Financing District, the Prospect South Tax Increment Financing District, and the Foothills Tax Increment Financing District. Budget revenues include property and sales tax increment, and interest earned on investments, totaling $2,404,372. Budget expenses include general operations, and debt service payments totaling $3,248,513. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution adopts the 2015 budget for the Fort Collins Urban Renewal Authority (URA). Revenue for the URA is generated from property and sales tax increment collections, as well as interest earned on investments. Property tax increment is determined by the County Assessor’s Office; although the URA will not receive the final 2014 tax warrant until January 2015, the 2014 August Certification is used to inform budget preparations. Property tax increment sources include the North College Plan Area and the Prospect South tax increment financing (TIF) District (no property tax increment is estimated in the Foothills District in 2015). Sales tax increment is calculated by the City Finance Department and only applies to the Foothills District. North College TIF District The total tax increment revenue for the North College Plan Area in 2015 is projected to be $1,128,353. Additional revenue is collected from interest earned on investments, which totals $86,406. Combined, the 2015 total estimated revenue for the North College URA is $1,214,759. This is slightly below the approved budget in the 2014 budget for the URA due to a decrease in the total assessed value of the North College district. URA expenses are a combination of operating costs and debt service payments. The operations line item includes cost for personnel, on-call consulting services, and the County fee for collection of TIF. Operating expenses for the North College TIF District for 2015 include the following:  Operations $ 273,023  North College Storefront Improvement Program $ 0 Total $ 273,023 Packet Pg. 11 Agenda Item 2 Item # 2 Page 2 The North College TIF District’s annual debt service payments (principal and interest) are from the following outstanding loans:  2014 Bond Payment $946,863  Rocky Mountain Innosphere $132,598 Total $1,079,461 This is below the approved budget in 2014 for the URA due to decrease in the interest payment on the Rocky Mountain Innosphere loan. It should be noted that in the North College District the expenses exceed the revenues by $137,724. The difference between expenses and revenues is being covered by the approximately $400,000 in the 2015 North College fund balance. 2014 Budget 2015 Budget Difference Revenues $ 1,289,505 $ 1,214,759 $ (74,746) Operating Expenses $ 263,312 $ 273,023 $ 9,711 Debt Service $ 1,610,655 $ 1,079,461 $ (531,194) $ 1,873,967 $ 1,352,484 $ (521,483) North College District Comparison of 2014 Budget with Current 2015 Budget The Resolution appropriates the operating and debt service budget for the North College District, which totals $1,352,484 for 2015. Prospect South District The total tax increment revenue for the Prospect South Plan Area in 2015 is projected to be $339,443. Additional revenue is collected from interest earned on investments, which totals $270. Combined, the 2015 total estimated revenue for the Prospect South District is $339,713. URA expenses are a combination of operating costs and debt service payments. The operations line item includes cost for personnel and a County fee for collection of property taxes. Operating expenses for the Prospect South TIF District for 2015 include the following:  Operation $ 6,789 Total $ 6,789 The Prospect South District’s project costs include remaining reimbursement obligations for The Summit student housing project:  Project Costs $726,281 Total $726,281 The Prospect South District’s annual debt service payments (principal and interest) are from the following outstanding loans:  Capstone $268,946  Prospect Station $17,459  Revenue Sharing with City (Capstone) $26,654 Total $313,848 Packet Pg. 12 Agenda Item 2 Item # 2 Page 3 The Resolution appropriates the operating and debt service budget for the Prospect South District, which totals $1,046,129 for 2015. Foothills District The total tax increment revenue for the Foothills District in 2015 is projected to be $849,900. This represents this estimated sales tax increment if the mall opens in time for the holiday season. There is no estimated property tax increment for 2015. URA expenses are a combination of operating costs and debt service payments. There is no operations line item in 2015. The Foothills District annual debt service payments are from the following outstanding loans:  Metro District Bond $849,900 Total $849,900 2014 Budget 2015 Budget Difference Revenues $ - $ 849,900 $ $ 849,900 - Operating Expenses $ - $ - $ - Debt Service $ - $ 849,000 $ 849,000 $ - $ 849,000 $ 849,000 Comparison of 2014 Budget with Current 2015 Budget Foothills District The Resolution appropriates the operating and debt service budget for the Foothills District, which totals $849,900 for 2015. FINANCIAL / ECONOMIC IMPACTS This Resolution includes the annual operating appropriation for 2015 at $3,248,513 for the North College, Prospect South, and Foothills Districts. Any specific appropriations related to URA participation in projects will be presented to the URA Board separately so that the URA funding is approved on a project by project basis. ENVIRONMENTAL IMPACTS There are no direct environmental impacts from this Resolution. BOARD / COMMISSION RECOMMENDATION The URA Finance Committee will review the 2015 URA Budget on November 17, 2014. A memo regarding the Packet Pg. 13 Agenda Item 2 Item # 2 Page 4 Committee’s discussion will be provided in the Read Before packet on November 18, 2014. PUBLIC OUTREACH The North College Citizen's Advisory Committee reviewed the 2015 URA Budget on November 6, 2014. Packet Pg. 14 - 1 - RESOLUTION NO. 073 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ADOPTING THE 2015 BUDGET FOR THE FORT COLLINS URBAN RENEWAL AUTHORITY WHEREAS, the Fort Collins Urban Renewal Authority (the "URA") was created on January 5, 1982 by City Council's adoption of Resolution 1982-010, which resolution designated the City Council as the Board of Commissioners (“Board”) of the Authority; and WHEREAS, the URA operates to eliminate blight and prevent the spread of blight within the urban renewal area in accordance with the Colorado Urban Renewal Law, C.R.S. Section 31- 25-101. et seq.; and WHEREAS, the URA has considered a proposed budget for fiscal year 2015 and the Board wishes to adopt it. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. That the budget shown on Exhibit “A” attached hereto and incorporated herein by this reference, is approved and the amounts stated therein are appropriated for fiscal year 2015. Section 2. That the Chief Financial Officer of the City, ex officio the Financial Officer of the URA, is hereby directed to file a certified copy of the attached budget with the office of the Division of Local Government, Department of Local Affairs, State of Colorado. Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 18th day of November A.D. 2014. ________________________________ Chairperson ATTEST: _________________________________ Secretary Packet Pg. 15 Exhibit A North College Urban Renewal Plan Area Estimated Revenue: Tax Increment Collections 1,128,353 Interest on Investments 5,742 Interest from Rocky Mountain Innosphere Loan $ 80,664 Total estimated Revenue for the URA $ 1,214,759 Expenses: Operations $ 273,023 Project Storefront $ - Total Operational Costs $ 273,023 Annual Debt Service Payments 2013 Bond Payment $ 946,863 Rocky Mountain Innosphere Interest $ 132,598 Total Debt Service Payments $ 1,079,461 Fund 800 2014 Budget $ 1,352,484 URBAN RENEWAL AUTHORITY 2015 BUDGET NORTH COLLEGE DISTRICT Midtown Urban Renewal Plan Area (Prospect South TIF District) Estimated Revenue: Tax Increment Collections $ 339,443 Interest on Investments $ 270 Total estimated Revenue for the URA $ 339,713 Expenses: Operations $ 6,789 Project Storefront $ - Total Operational Costs $ 6,789 Project Costs Capstone Reimbursement $ 726,281 Total Project Costs $ 726,281 Annual Debt Service Payments Capstone $ 268,946 Prospect Station $ 17,459 Revenue Sharing with City (Capstone) $ 26,654 Total Debt Service Payments $ 313,059 Fund 801 2014 Budget $ 1,046,129 URBAN RENEWAL AUTHORITY PROSPECT SOUTH DISTRICT 2015 BUDGET Packet Pg. 16 Attachment1: Exhibit A (2567 : URA 2015 Budget RESO) Midtown Urban Renewal Plan Area (Foothills TIF District) Estimated Revenue: Tax Increment Collections $ 849,900 Interest on Investments $ - Total estimated Revenue for the URA $ 849,900 Expenses: Operations $ - Project Storefront $ - Total Operational Costs $ - $ - Annual Debt Service Payments Foothills Metro District Bond $ 849,900 Total Debt Service Payments $ 849,900 Fund 803 2014 Budget $ 849,900 URBAN RENEWAL AUTHORITY FOOTHILLS DISTRICT 2015 BUDGET 2014 Budget 2015 Budget Difference Revenues $ 1,289,505 $ 1,214,759 $ (74,746) Operating Expenses $ 263,312 $273,023 $ 9,711 Debt Service $ 1,610,655 $ 1,079,461 $ (531,194) $ 1,873,967 $ 1,352,484 $ (521,483) 2014 Budget 2015 Budget Difference Revenues $ 330,289 $339,713 $$ 9,424 Operating Expenses $ - $ 6,789 $ 6,789 Project Costs $ 726,281 $ 726,281 Debt Service $ 317,779 $ 313,059 $ (4,720) $ 317,779 $ 1,046,129 $ 728,350 2014 Budget 2015 Budget Difference Revenues $ - $ 849,900 $ $849,900 Operating Expenses $ - $- $ - Debt Service $ - $ 849,000 $ 849,000 $ - $ 849,000 $ 849,000 Comparison of 2014 Budget with Current 2015 Budget North College District Comparison of 2014 Budget with Current 2015 Budget Prospect South District Comparison of 2014 Budget with Current 2015 Budget Foothills District Packet Pg. 17 Attachment1: Exhibit A (2567 : URA 2015 Budget RESO) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Urban Renewal Authority Board STAFF Tom Leeson, Redevelopment Program Manager SUBJECT Resolution No. 074 Appropriating Unanticipated Revenue in the URA Foothills District Fund for the Foothills Mall Redevelopment Project to be used for Project Expenditures Incurred. EXECUTIVE SUMMARY The purpose of this item is to consider a resolution to appropriate unanticipated revenue in the URA Foothills District Fund from reimbursements from Alberta Development Partners for the Foothills Mall Redevelopment Project to be used for Urban Renewal Authority expenditures incurred. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Section 4.13 of the Redevelopment and Reimbursement Agreement between the Fort Collins Urban Renewal Authority (URA) and Walton Foothills Holdings VI, LLC (Developer) requires the Developer to pay or reimburse the City and Authority for all fees, costs and out-of-pocket third-party expenses incurred by them in connection with developing, negotiating and preparing the Redevelopment Agreement and related documents and issuing the District Bonds. Year-to-date, the URA has incurred $289,556 in costs associated negotiating and preparing the Redevelopment Agreement and related documents and issuing the District Bonds, and has received payment from Alberta Development Partners. There is an outstanding invoice for expenses incurred for $30,632.16, and it is anticipated there will be an additional $20,000 in legal fees associated with the bond issuance. Foothills Reimbursement Appropriation - 2014 Expenses - Payment Received $ 289,556.00 Expenses - Payment Not yet Received $ 30,632.16 Estimated Expenses - Bond Issuance $ 20,000.00 Unanticpated Revenue Total $ 340,188.16 FINANCIAL / ECONOMIC IMPACTS This Resolution appropriates $340,188.16 in the URA Foothills District Fund, representing reimbursement from Alberta Development Partners, Inc., to the URA, for fees, costs and out-of-pocket third-party expenses incurred by them in connection with developing, negotiating and preparing the Foothills Mall Redevelopment Agreement and related documents and issuing the District Bonds. Packet Pg. 18 Agenda Item 3 Item # 3 Page 2 ENVIRONMENTAL IMPACTS There are no direct environmental impacts resulting from this Resolution. BOARD / COMMISSION RECOMMENDATION The URA Finance Committee will review this Resolution on November 17, 2014. A memo regarding the Committee’s discussion will be provided in the Read Before packet on November 18, 2014. Packet Pg. 19 - 1 - RESOLUTION NO. 074 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPROPRIATING UNANTICIPATED REVENUE IN THE URA FOOTHILLS DISTRICT FUND FOR THE FOOTHILLS MALL REDEVELOPMENT PROJECT TO BE USED FOR PROJECT EXPENDITURES INCURRED WHEREAS, the Fort Collins Urban Renewal Authority (the "URA") was created on January 5, 1982 by City Council's adoption of Resolution 1982-010, which resolution designated the City Council as the Board of Commissioners of the Authority; and WHEREAS, the URA operates to eliminate blight and prevent the spread of blight within urban renewal areas in accordance with the Colorado Urban Renewal Law, C.R.S. Section 31- 25-101 et seq.; and WHEREAS, on January 14, 2014, the URA approved Resolution No. 068 approving an updated Redevelopment and Reimbursement Agreement with the City of Fort Collins, Walton Foothills Holdings VI, L.L.C., and the Foothills Metropolitan District Regarding the Redevelopment of Foothills Mall; and WHEREAS, Section 4.13 of the Redevelopment and Reimbursement Agreement between the URA and Walton Foothills Holdings VI, LLC (Developer) requires the Developer to pay or reimburse the City and Authority for all fees, costs and out-of-pocket third-party expenses incurred by them in connection with developing, negotiating and preparing the Redevelopment Agreement and related documents and issuing the District Bonds; and WHEREAS, the URA has incurred $289,556 in costs associated negotiating and preparing the Redevelopment Agreement and related documents and issuing the District Bonds, and has received payment from Alberta Development Partners; and WHEREAS, there is currently an outstanding invoice for expenses incurred by the URA for $30,632.16; and WHERAS, it is anticipated there will be an additional $20,000 in legal fees associated with the Foothills Metro District bond issuance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. There is hereby appropriated for expenditure from unanticipated revenue in the URA Foothills Fund the sum of THREE HUNDRED FORTY THOUSAND ONE HUNDRED EIGHTY EIGHT DOLLARS AND SIXTEEN CENTS ($340,188.16) in the form of reimbursement payments from Alberta Development Partners, to be used as reimbursement for project expenditures incurred by the URA. Packet Pg. 20 - 2 - Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 18th day of November A.D. 2014. ________________________________ Chairperson ATTEST: _________________________________ Secretary Packet Pg. 21 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Urban Renewal Authority Board STAFF Tom Leeson, Redevelopment Program Manager SUBJECT Resolution No. 075 Approving a Loan From the City of Fort Collins to the Fort Collins Urban Renewal Authority for the Prospect Station Redevelopment Project, and Approving a Loan Agreement for that Purpose. EXECUTIVE SUMMARY The purpose of this item is to consider a Resolution approving a loan agreement between the Fort Collins Urban Renewal Authority and the City of Fort Collins for the Prospect Station project in the Prospect South tax increment financing district. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In October 2013, the Fort Collins Urban Renewal Authority (URA) executed a Redevelopment Agreement with Prospect Station LLC (Developer) for Prospect Station, a mixed-use project in the Prospect South Tax Increment Financing (TIF) District (Attachment 1). The Redevelopment Agreement obligated the URA to reimburse the Developer up to $494,000 utilizing two payment methodologies. Fifty percent (50%) of the reimbursement obligation ($274,000) is to be paid in a single payment upon completion of the project and verification of Eligible Costs, and the remaining fifty percent (50%) is to be paid by the Authority over a 21-year period. Knowing that the URA would not have sufficient fund balance to make the single payment outright, it has been anticipated that the URA would seek a loan from the City of Fort Collins, repaid using tax increment revenue generated by the project over the life of the Prospect South TIF District. Acknowledging this intent, the City Council approved Resolution 2013-079 declaring City Council's intent to provide a loan to the URA for one half of the URA’s reimbursement obligation to Prospect Station, LLC (Attachment 2). Per the Redevelopment Agreement, the $274,000 reimbursement obligation is due to the Developer upon completion of the project, subject to verification of eligible costs by URA staff. The Developer obtained a Certificate of Occupancy for the project in September 2014, and subsequently submitted its reimbursement request to the URA. The City and URA have negotiated a Loan Agreement, which requires adoption of an Ordinance by City Council and a Resolution by the URA Board. The adoption of the Resolution by the URA is contingent upon approval of an ordinance by City Council, which is scheduled for first and Second reading on December 2 and 16th respectively. Loan Agreement Terms The Loan Agreement between the URA and the City of Fort Collins for the Prospect Station project has been structured in way that is consistent with the City's Interagency Loan Policy. The Interagency Loan Policy states the interest rate assigned to the loan must be the higher of the Treasury Note or Municipal Bond of similar duration, plus 0.5%. Packet Pg. 22 Agenda Item 4 Item # 4 Page 2 In order to lock an interest rate, the City Finance Department calculated the average of the 20-year and 25- year municipal bond interest rate as of October 14, 2014 at 4%, so the interest rate charged to the URA is 4.5%. Payments will begin in 2015 and the principal and interest payments have been set at $17,459 (See Attachment 3 for Loan Payment Schedule). Principal and interest payments over the 23 year period will equal $401,547. FINANCIAL / ECONOMIC IMPACTS Adopting this Resolution approves a $247,000 loan from the City of Fort Collins to the Fort Collins Urban Renewal Authority (URA). The URA would be charged an interest rate of 4.5%. Principal and interest payments will be made to the City from tax increment revenue generated by the Prospect South TIF District through 2037. Principal and interest payments over the 23 year period will equal $401,547. ENVIRONMENTAL IMPACTS There are no direct environmental impacts resulting from this Resolution. BOARD / COMMISSION RECOMMENDATION The URA Board Finance Committee will discuss the Loan Agreement on November 17, 2014. A memo regarding the Committee’s discussion will be provided in the Read Before packet on November 18, 2014. ATTACHMENTS 1. Redevelopment Agreement, October 10, 2013 (PDF) 2. Loan Agreement Intent Resolution 2013-079 (PDF) 3. Loan Repayment Schedule (PDF) Packet Pg. 23 ATTACHMENT 1 Packet Pg. 24 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 25 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 26 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 27 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 28 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 29 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 30 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 31 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 32 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 33 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 34 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 35 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 36 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 37 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 38 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 39 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 40 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 41 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 42 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 43 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 44 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 45 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 46 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 47 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 48 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 49 Attachment4.1: Redevelopment Agreement, October 10, 2013 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 50 Attachment4.2: Loan Agreement Intent Resolution 2013-079 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 51 Attachment4.2: Loan Agreement Intent Resolution 2013-079 (2511 : URA-Prospect Station Loan Agreement) Packet Pg. 52 Attachment4.2: Loan Agreement Intent Resolution 2013-079 (2511 : URA-Prospect Station Loan Agreement) Midtown URA Prospect Station Reimbursement Agreement to City from the URA (General Fund) Reimbursement Amount 247,000.00 Start Date 31-Dec-15 Interest Rate 4.500% Matures 31-Dec-37 $17,458.58 Payment Years 23 Time in Years Date Payment Interest Principal Balance 1.000 31-Dec-15 $ (17,458.58) $ (11,115.00) $ (6,343.58) (240,656.42) 2.000 31-Dec-16 (17,458.58) (10,829.54) (6,629.04) (234,027.38) 3.000 31-Dec-17 (17,458.58) (10,531.23) (6,927.35) (227,100.03) 4.000 31-Dec-18 (17,458.58) (10,219.50) (7,239.08) (219,860.95) 5.000 31-Dec-19 (17,458.58) (9,893.74) (7,564.84) (212,296.11) 6.000 31-Dec-20 (17,458.58) (9,553.32) (7,905.26) (204,390.85) 7.000 31-Dec-21 (17,458.58) (9,197.59) (8,260.99) (196,129.86) 8.000 31-Dec-22 (17,458.58) (8,825.84) (8,632.74) (187,497.12) 9.000 31-Dec-23 (17,458.58) (8,437.37) (9,021.21) (178,475.91) 10.000 31-Dec-24 (17,458.58) (8,031.42) (9,427.16) (169,048.75) 11.000 31-Dec-25 (17,458.58) (7,607.19) (9,851.39) (159,197.36) 12.000 31-Dec-26 (17,458.58) (7,163.88) (10,294.70) (148,902.66) 13.000 31-Dec-27 (17,458.58) (6,700.62) (10,757.96) (138,144.70) 14.000 31-Dec-28 (17,458.58) (6,216.51) (11,242.07) (126,902.63) 15.000 31-Dec-29 (17,458.58) (5,710.62) (11,747.96) (115,154.67) 16.000 31-Dec-30 (17,458.58) (5,181.96) (12,276.62) (102,878.05) 17.000 31-Dec-31 (17,458.58) (4,629.51) (12,829.07) (90,048.98) 18.000 31-Dec-32 (17,458.58) (4,052.20) (13,406.38) (76,642.60) 19.000 31-Dec-33 (17,458.58) (3,448.92) (14,009.66) (62,632.94) 20.000 31-Dec-34 (17,458.58) (2,818.48) (14,640.10) (47,992.84) 21.000 31-Dec-35 (17,458.58) (2,159.68) (15,298.90) (32,693.94) 22.000 31-Dec-36 (17,458.58) (1,471.23) (15,987.35) (16,706.59) 23.000 31-Dec-37 (17,458.39) (751.80) (16,706.59) 0.00 $ (401,547.15) $ (154,547.15) $ (247,000.00) Payment ATTACHMENT 3 Packet Pg. 53 Attachment4.3: Loan Repayment Schedule (2511 : URA-Prospect Station Loan Agreement) - 1 - RESOLUTION NO. 075 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPROVING A LOAN FROM THE CITY OF FORT COLLINS TO THE FORT COLLINS URBAN RENEWAL AUTHORITY FOR THE PROSPECT STATION REDEVELOPMENT PROJECT, AND APPROVING A LOAN AGREEMENT FOR THAT PURPOSE WHEREAS, the Fort Collins Urban Renewal Authority (the "URA") was created on January 5, 1982, by City Council's adoption of Resolution 1982-010, which Resolution designated the City Council as the Board of Commissioners of the Authority; and WHEREAS, by Resolution 2011-080, adopted on September 6, 2011, the City Council found and declared that the area described in such Resolution (the “Midtown Area”) is a blighted area as described in the Part 1, Article 26, Title 31 of the Colorado Revised Statutes (the “Act”) and under the Act the Midtown Area is an area appropriate for urban renewal projects; and WHEREAS, by Resolution 2011-081, adopted on September 6, 2011, the City Council approved an urban renewal plan for the Midtown Area in Fort Collins, which plan was amended by City Council on May 7, 2013, in Resolution 2013-043 (the “Midtown Plan”), which established a tax increment district referred to as the Prospect South Tax Increment District (the “TIF District”) that includes the site of the Prospect Station Redevelopment Project (the “Project”); and WHEREAS, on September 17, 2013, the URA Board (the Board”) approved a Redevelopment Agreement (the “Redevelopment Agreement”) between the Authority and Prospect Station, LLC (the “Developer”) to provide financial assistance for certain improvements and enhancements for the Project; and WHEREAS, by Resolution 2013-079, adopted on September 17, 2013, the City Council declared its intent to fund a loan to the URA for the Project; and WHEREAS, URA staff has prepared a loan agreement titled “Loan Agreement between the City of Fort Collins and the Fort Collins Urban Renewal Authority for Reimbursement for Prospect Station, LLC Infill Development,” a copy of which is attached as Exhibit “A” and incorporated herein (the “Loan Agreement”); and WHEREAS, attached as Exhibit “A” to the Loan Agreement is the promissory note proposed to evidence the loan under the Loan Agreement (the “Promissory Note”); and WHEREAS, the Loan Agreement and the Promissory Note provide that the City will loan the URA up to $247,000, the unpaid principal balance of which will accrue interest at the rate of 4.5 percent per annum compounded annually until paid in full; and WHEREAS, the Board’s approval of the Loan Agreement in this Resolution is contingent upon the City Council appropriating the needed loan funds and approving the Loan Agreement Packet Pg. 54 - 2 - by ordinance, which ordinance is scheduled to be considered by the City Council on first reading on December 2, 2014, and second reading on December 16, 2014; and WHEREAS, the URA is authorized by the Act to borrow money in such amounts as may be needed to meet its purposes as authorized in the Act; and WHEREAS, the Board believes that the Loan Agreement is in the best interest of the URA and will promote the purposes of the URA, the Midtown Plan and the Project, all in accordance with and as authorized under the Act. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. That the Board hereby finds and determines that the Loan Agreement is in the best interest of the URA as it will further the purposes of the URA, the Midtown Plan and the Project, all in accordance with and as authorized in the Act. Section 2. That the Loan Agreement is hereby approved and the URA’s Executive Director is authorized to execute the Loan Agreement and the Promissory Note provided the City Council has previously adopted an ordinance appropriating the loan funds needed under the Loan Agreement and provided that such ordinance has become law. The Executive Director may agree, in consultation with the City Attorney, to modifications to the Loan Agreement and the Promissory Note that are consistent with the purposes of this Resolution or as necessary to protect the URA’s interests. Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 18th day of November A.D. 2014. ________________________________ Chairperson ATTEST: _________________________________ Secretary Packet Pg. 55 EXHIBIT "A" Packet Pg. 56 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) EXHIBIT "A" Packet Pg. 57 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) EXHIBIT "A" Packet Pg. 58 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) EXHIBIT "A" Packet Pg. 59 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) Exhibit "A" to Loan Agreement Packet Pg. 60 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) Exhibit "B" to Loan Agreement Packet Pg. 61 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) Exhibit "B" to Loan Agreement Packet Pg. 62 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) Exhibit "B" to Loan Agreement Packet Pg. 63 Attachment1: Exhibit A (2570 : URA-Prospect Station Loan Agreement RESO) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY November 18, 2014 Urban Renewal Authority Board STAFF Tom Leeson, Redevelopment Program Manager SUBJECT Resolution No. 076 Appropriating Prior Year Reserves in the URA North College Fund to Reimburse Remaining North College Marketplace Project Obligations. EXECUTIVE SUMMARY The purpose of this item is to consider the appropriation of prior year reserves in the North College URA fund to reimburse the North College Marketplace project for completed eligible improvements identified within the North College Marketplace Redevelopment Agreement. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION North College Marketplace, Inc. has submitted for its remaining reimbursement for improvements associated with the “Gateway” category of eligible improvements identified within the Redevelopment Agreement dated March 18, 2009 (amended June 28, 2012), as well as the Mutual Settlement Agreement and Full Release of all Claims dated February 27, 2012. Additionally, the URA has an obligation to transfer $125,000 to the City of Fort Collins to cover the costs associated with the design and construction of a pedestrian bridge across the canal to the north. Settlement Agreement Payment The original Redevelopment Agreement (RA) between North College Marketplace, Inc. and the URA was executed on March 18, 2009 (Attachment 1). Section 3.12 of the RA granted the developer the right to adjust the identified Eligible Costs among the line items to cover cost overruns in one line item with cost savings in another line. During the course of construction, the developer requested that $1.26 million of cost savings in the Off-Site Streets line item be reallocated to cover cost overruns in the On-Site Utilities line item. At the time the URA disputed the developer's claim for the reallocation. During the negotiations, both parties recognized the uncertainty of litigation and the associated costs, and agreed to settle, which led to the attached Mutual Settlement Agreement and Full Release of Claims dated February 27, 2012 (Attachment 2). Through the Settlement Agreement, the parties agreed the developer would be reimbursed $610,262 for costs incurred in the On-Site Utilities line item, and the remaining balance ($424,773) would be split equally. The developer’s share of the remaining balance would be distributed if the developer obtained a building permit for development of a principal commercial retail use on any of Lots 2,3,5,6,or 7 of the North College Marketplace project by June 30, 2013. The developer, North College Marketplace, Inc. met its obligation on June 14, 2013 to obtain a building permit prior to June 30, 2013 with the Discount Tire building permit pulled for Lot 7, 1830 North College Avenue (Attachment 3). Therefore, the developer is entitled to its share of the remaining balance in the Off-Site Streets of $212,386.57. Packet Pg. 64 Agenda Item 5 Item # 5 Page 2 Gateway Improvements Reimbursement The Redevelopment Agreement between North College Marketplace, Inc. and the URA was amended on June 28, 2012 in order to amend the required timing of certain gateway and landscaping improvements (Attachment 4). Exhibit C of the original Redevelopment Agreement listed a category of improvements (Gateway/Landscaping/Pedestrian Connection/Grading/North-South Circulation and College Avenue Public Access Easement/Paving of Grape Street) which had a required completion date of June 30, 2012. At the time the URA and the developer negotiated the Settlement Agreement, there was still a remaining balance of $283,520 in the "gateway' category. Since the remaining "gateway" improvements were directly associated with the pad sites that were tied to the Settlement Agreement, the completion date of those improvements were extended to coincide with the dates established in the Settlement Agreement. The amendment to the original RA stated that if the developer obtained a building permit by June 30, 2013, then the completion date for the "gateway" improvements would be extended to June 30, 2014. As part of the construction of the Discount Tire Store, as well as an additional pad site immediately to the north, the developer has timely completed the required "gateway" improvements. URA staff has reviewed the reimbursement request and the accompanying receipted invoices and check vouchers and confirmed the costs are for the agreed upon Eligible Costs. Therefore, per the Redevelopment Agreement dated February 27, 2009, and amended on June 28, 2012, the developer is entitled to the remaining balance of $283,520 for the "gateway" category of Eligible Costs. Pedestrian Connection Payment The North College Marketplace Development Agreement (Sec.II.K) required the developer to make a payment to the City in lieu of acquiring street right-of-way and/or easements for designing and constructing a pedestrian/bicycle bridge or other necessary improvements to achieve a pedestrian level of service required by the Land use Code for the development, up to a maximum payment of $125,000 (Attachment 5). The Development Agreement required the developer to submit a letter to the City committing to pay the City $125,000 to be placed in escrow for the sole purpose of right-of-way/easement acquisition, design and construction of the pedestrian bridge improvements. Pursuant to the Redevelopment Agreement, the cost for the pedestrian bridge improvements was considered a reimbursable expense by the URA. Therefore, the submittal of the aforementioned letter by the developer, and the subsequent funding of the escrow payment by the URA would fully satisfy the pedestrian bridge obligations by the developer. On September 1, 2011, the developer submitted a letter committing to pay the $125,000 (Attachment 6) required in the Development Agreement, and the URA responded by indicating the $125,000 would be transferred into the escrow account (Attachment 7). However, the $125,000 transfer into escrow never occurred. Per the North College Marketplace Development Agreement, the URA is obligated to transfer $125,000 to the City to be used for pedestrian bridge improvements within 15 years of the date of the Development Agreement (April 5, 2010). The URA desires to transfer the $125,000 to the City in 2014 so that it can be leveraged to construct a pedestrian/bicycle bridge over the Larimer and Weld Irrigation ditch to the north of North College Marketplace as part of the City's North College Avenue road improvements scheduled for 2015. FINANCIAL / ECONOMIC IMPACTS The appropriation resolution is required because the North College Marketplace reimbursements were not originally included within the 2014 URA budget due to the uncertainty of the timing of the reimbursement request. The reimbursement will be made from the North College URA reserves, which has sufficient funds to cover the expense. ENVIRONMENTAL IMPACTS There are no direct environmental impacts resulting from this Resolution. Packet Pg. 65 Agenda Item 5 Item # 5 Page 3 BOARD / COMMISSION RECOMMENDATION The URA Board Finance Committee will discuss the Loan Agreement on November 17, 2014. A memo regarding the Committee’s discussion will be provided in the Read Before packet on November 18, 2014. ATTACHMENTS 1. Original Redevelopment Agreement, March 18, 2009 (PDF) 2. Settlement Agreement, February 27, 2012 (PDF) 3. Building Permit (PDF) 4. Amended Redevelopment Agreement, June 28, 2012 (PDF) 5. Section II.K of the Redevelopment Agreement (PDF) 6. Loveland Commercial Letter (PDF) 7. URA Letter, November 4, 2011 (PDF) Packet Pg. 66 ATTACHMENT 1 Packet Pg. 67 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 68 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 69 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 70 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 71 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 72 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 73 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 74 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 75 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 76 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 77 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 78 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 79 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 80 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 81 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 82 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 83 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 84 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 85 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 86 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 87 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 88 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 89 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 90 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 91 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 92 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 93 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Exhibit C *$900,000 is potential reimbursement to the URA from adjacent properties as they develop/redevelop. Note: All cost numbers contained herein are based on preliminary cost estimates and are subject to change based upon final design and cost fluctuations. This Public Improvements budget is supported by the Public Improvements Summary dated September 4, 2008, as amended. Public Improvement Total Cost Off Site Street Infrastructure (Local Street Portion) $2,812,620* Demolition, Property Cleanup and Site Preparation Cost $366,650 Wetlands Mitigation, Landscaping, Unsuitable Materials and Payment to Wetlands’ Reserve Fund $1,763,206 On-Site Utilities (Sanitary, Storm, Water, Dry) $1,022,861 Gateway / Landscaping / Pedestrian Connection / Grading / North/South Circulation and College Avenue Public Access Easement / Paving of Grape Street $1,702,128 Relocation Assistance (Up to $1,000 per residence) $10,000 Contingency $322,535 Total Cost for Improvements $8,000,000 Packet Pg. 94 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 95 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 96 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 97 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 98 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 99 Attachment5.1: Original Redevelopment Agreement, March 18, 2009 (2500 : URA-North College Marketplace Reimbursement Appropriation) ATTACHMENT 2 Packet Pg. 100 Attachment5.2: Settlement Agreement, February 27, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 101 Attachment5.2: Settlement Agreement, February 27, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 102 Attachment5.2: Settlement Agreement, February 27, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 103 Attachment5.2: Settlement Agreement, February 27, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 104 Attachment5.2: Settlement Agreement, February 27, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 105 Attachment5.2: Settlement Agreement, February 27, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) ATTACHMENT 3 Packet Pg. 106 Attachment5.3: Building Permit (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 107 Attachment5.3: Building Permit (2500 : URA-North College Marketplace Reimbursement Appropriation) ATTACHMENT 4 Packet Pg. 108 Attachment5.4: Amended Redevelopment Agreement, June 28, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 109 Attachment5.4: Amended Redevelopment Agreement, June 28, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 110 Attachment5.4: Amended Redevelopment Agreement, June 28, 2012 (2500 : URA-North College Marketplace Reimbursement Appropriation) ATTACHMENT 5 Packet Pg. 111 Attachment5.5: Section II.K of the Redevelopment Agreement (2500 : URA-North College Marketplace Reimbursement Appropriation) ATTACHMENT 6 Packet Pg. 112 Attachment5.6: Loveland Commercial Letter (2500 : URA-North College Marketplace Reimbursement Appropriation) Packet Pg. 113 Attachment5.6: Loveland Commercial Letter (2500 : URA-North College Marketplace Reimbursement Appropriation) ȱ urban renewal authority 300 LaPorte Ave x PO Box 580 x Fort Collins, CO 80522-0580 970-221-6505 x TDD 970-224-6002 x renewfortcollins.com November 4, 2011 Nathan Klein, Vice President North College Marketplace, Inc. 1043 Eagle Drive Loveland, CO 80537 RE: URA / North College Marketplace Application for Reimbursement Request #4 balance Dear Nathan, Thank you for presenting the additional information requested from the letter dated September 20, 2011. Staff has reviewed in the information presented and will process the balance of the funding request in the amount of $168,199.13 next week for payment on November 10, 2011. Additionally, staff will accept your request to transfer funds in the amount of $125,000 from the Urban Renewal Authority (URA) to the City of Fort Collins to satisfy the level of service requirement for the Pedestrian Bridge within the Gateway, Landscaping, Pedestrian Connection Line Item. Lastly, the attached table reconciles the payments to date and applies a mispayment from billing #3 to the interest. Please refer to the table to reveal the line items that have received interest payments. In summary, the documentation provided in revised payment application billing #4, dated November 1, 2011, supports a reimbursement total of $328,271.28. A check will be issued in the amount of $203,271.28 and a transfer of $125,000 will complete the payment. This reimbursement is only for qualified expenses within the Gateway, Landscaping, Pedestrian Connection Line Item (Section 4). The remaining balance of this line item after this payment is $283,520.00 Please contact me with any questions or concerns. Regards, Christina Vincent Redevelopment Program Administrator ATTACHMENT 7 Packet Pg. 114 Attachment5.7: URA Letter, November 4, 2011 (2500 : URA-North College Marketplace Reimbursement Appropriation) - 1 - RESOLUTION NO. 076 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPROPRIATING PRIOR YEAR RESERVES IN THE URA NORTH COLLEGE FUND TO REIMBURSE REMAINING NORTH COLLEGE MARKETPLACE PROJECT OBLIGATIONS WHEREAS, the Fort Collins Urban Renewal Authority (the "URA") was created on January 5, 1982, by City Council's adoption of Resolution 1982-010, which resolution designated the City Council as the Board of Commissioners of the Authority; and WHEREAS, the URA operates to eliminate blight and prevent the spread of blight within urban renewal areas in accordance with the Colorado Urban Renewal Law, C.R.S. Section 31- 25-101, et seq.; and WHEREAS, on March 18, 2009, the URA entered into a Redevelopment Agreement with North College Marketplace, Inc. (the “Developer”), and 1908 North College, LLC (the “North College LLC”) for the North College Marketplace project (the “Redevelopment Agreement”); and WHEREAS, on February 27, 2012, the URA entered into a Mutual Settlement Agreement and Full Release of Claims with the Developer and the North College LLC (the “Mutual Settlement Agreement”) to settle a dispute regarding the Developer’s right to adjust the identified Eligible Costs among the line items to cover cost overruns in one line item with cost savings in another line item; and WHEREAS, on June 28, 2012, the URA entered into an Amendment to Redevelopment Agreement with the Developer and the North College LLC (the “Amendment”) in order to amend the required timing of certain gateway and landscaping improvements identified in the Redevelopment Agreement; and WHEREAS, the Mutual Settlement Agreement stipulates that the Developer is eligible to receive $212,386.57 if the Developer obtains a building permit for development of a principal commercial retail use on any of Lots 2, 3, 5, 6, or 7 of the North College Marketplace project by June 30, 2013; and WHEREAS, the Developer met its obligation on June 14, 2013, to obtain such a building permit prior to June 30, 2013, with the Discount Tire building permit pulled for Lot 7, 1830 N. College Avenue; and WHEREAS, the Amendment extended the deadline for completion of certain “gateway” improvements to June 30, 2014; and WHEREAS, the Developer timely completed the required "gateway" improvements as part of the construction of two pad sites and has submitted for reimbursement the costs associated with those improvements; and Packet Pg. 115 - 2 - WHEREAS, the URA staff has reviewed the “gateway” improvements reimbursement request and the accompanying receipted invoices and check vouchers and confirmed the costs are for the agreed upon Eligible Costs; and WHEREAS, the North College Marketplace Development Agreement (Sec.II.K) required the Developer to make a payment to the City in lieu of acquiring street right-of-way and/or easements for designing and constructing a pedestrian/bicycle bridge or other necessary improvements to achieve a pedestrian level of service required by the Land use Code (LUC) for the development, up to a maximum payment of $125,000; and WHEREAS, the Development Agreement required the Developer to submit a letter to the City committing to pay the City $125,000 to be placed in escrow for the sole purpose of right-of-way/easement acquisition, design and construction of the pedestrian bridge improvements; and WHEREAS, the cost for the pedestrian bridge improvements is considered a reimbursable expense under the Redevelopment Agreement by the URA; and WHEREAS, the submittal of the required letter by the Developer, and the subsequent funding of the escrow payment by the URA fully satisfied the pedestrian bridge obligation by the Developer; and WHEREAS, the URA is obligated to transfer $125,000 to the City to be used for pedestrian bridge improvements within 15 years of the date of the Development Agreement (April 5, 2010); and Whereas, the URA desires to transfer the $125,000 to the City in 2014 so that it can be leveraged to construct a pedestrian/bicycle bridge over the Larimer and Weld Irrigation ditch to the north of North College Marketplace as part of the City's North College Avenue road improvements scheduled for 2015. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY as follows: Section 1. There is hereby appropriated for expenditure from prior year reserves in the URA North College Fund TWO HUNDRED TWELVE THOUSAND THREE HUNDRED EIGHTY SIX DOLLARS AND FIFTY SEVEN CENTS ($212,386.57) for the purposes of meeting the URA’s obligations as stipulated in the Mutual Settlement Agreement. Section 2. There is hereby appropriated for expenditure from prior year reserves in the URA North College Fund TWO HUNDRED EIGHTY THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($283,520) for the purposes of reimbursing the Developer for the completed “gateway” improvements as stipulated in the Redevelopment Agreement and the Amendment. Packet Pg. 116 - 3 - Section 3. There is hereby appropriated for expenditure from prior year reserves in the URA North College Fund ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000) for the purposes of being transferred to the City of Fort Collins for the cost of the pedestrian bridge improvements as stipulated in the North College Marketplace Development Agreement. Passed and adopted at a regular meeting of the Board of Commissioners of the Fort Collins Urban Renewal Authority this 18th day of November A.D. 2014. ________________________________ Chairperson ATTEST: _________________________________ Secretary Packet Pg. 117 opening. 5. A delay in the 2015 mall opening will put at risk other interested retailers given the projects timing uncertainty. Some of these retailers may elect to locate elsewhere within the northern Colorado region and be lost to the Mall project indefinitely. The Developer’s Equity Partner, has agreed to provide additional security and financing to support the project and maintain the current timeline. Current equity investment in the project is Packet Pg. 7 Attachment1.1: May 6, 2014 (2609 : URA minutes-5/6) IDALIA DR Y U M A CT I D A L I A CT RICK DR SOLAR CT M E R C U R Y D R W SATURN DR F O S S IL CREST DR E TRILBY RD E SATURN DR G A L A X Y CT E SKYWAY DR PLATEAU CT AURORA WAY LEO CT OR I O N CT PLUTO CT SUNDOWN CT FL A G L E R RD General Improvement Skyview South District No. 15 Legend General Improvement District #15 Parcels 1 inch = 600 feet ATTACHMENT 2 Packet Pg. 6 Attachment2.2: Boundary map (2595 : Skyview SR 006 Budget) $85,000 (grant) $0 100% Packet Pg. 256 Attachment16.1: Background Summary of Recommendations Fall 2014 (2576 : 2014 Fall Competitive Process) Commission Community Development Block Grant Commission Golf Board Energy Board Parking Advisory Board Golf Board Planning and Zoning Board Water Board Air Quality Advisory Board Senior Advisory Board Cultural Resources Board Land Conservation Stewardship Board Parks and Recreation Board ■ Largest Connection ■ Secondary Connection ■ Third Largest Connection Updated: November 2014 EXHIBIT A Packet Pg. 248 Attachment1: Exhibit A (2616 : Amending Boards and Commission Manual RESO) Human Resources Janet Miller Human Resources Director jamiller@fcgov.com Packet Pg. 240 Attachment1: Exhibit A (2579 : 2015 Legislative Policy RESO) Interim Water Resource and Treatment Operations Manager kgertigcwebb@fcgov.co m Formatted: Underline, Font color: Blue Packet Pg. 203 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) bponcelow@poudre- fire.org Human Resources Janet Miller Human Resources Director jamiller@fcgov.com Packet Pg. 202 Attachment14.1: 2015 Legislative Policy Agenda redline version (2465 : 2015 Legislative Policy Agenda) $ 64.32 $ 63.53 ‐1.2% $ 53.87 $ 54.35 0.9% Transformer Install 1 phase Transformer Install 3 phase Building Site Charges Primary Circuit 1 phase Primary Circuit 3 phase Packet Pg. 49 Attachment3.1: First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (2606 : SR 154-156 Utility Rates)